HomeMy WebLinkAbout2006/11/21 Agenda Packet
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CHUlA VISTA
Stephen C. Padi lIa, Mayor
Patricia E. Chavez, Councilmember Jim Thomson, Interim City Manager
John McCann, Council member Ann Moore, City Attorney
Jerry R. Rindone, Coullcilmcmber Susan Bige{ow, City Clerk
Steve Castaneda, Councilmember
November 21,2006
6:00 P.M.
Council Chambers
City Hall
276 Fourth Avenue
CALL TO ORDER
ROLL CALL: Councilmembers Castaneda, Chavez, McCann, Rindone, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. PRESENTATION OF A PROCLAMATION BY MAYOR PADILLA TO
COUNCILMEMBER PATTY DAVIS, PROCLAIMING NOVEMBER 21, 2006 AS
"PATTY DAVIS DAY"
. DID YOU KNOW... ABOUT THE POLICE DEPARTMENT CRIME LAB? Presented
by Bill Johnson, Crime Lab Manager.
CONSENT CALENDAR
(Items 1 through 12)
The Council will enact the Consent Calendar staff recommendations by one motion,
without discussion, unless a Councilmember, a member of the public, or City staff
requests that an item be removed for discussion. If you wish to speak on one of these
items, please fill out a "Request to Speak" form (available in the lobby) and submit it to
the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be
discussed immediately following the Consent Calendar.
1. APPROVAL OF MINUTES of August 8, 2006.
Staff recommendation: Council approve the minutes.
2. WRITTEN CQRRESPONDENCE
Letter of Resignation from Steve Palma, member of the Commission on Aging.
Staff recommendation: Council accept the resignation and direct the City Clerk to post
the vacancy in accordance with the Maddy Act.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2007 LIBRARY DEPARTMENT BUDGET BY
APPROPRIATING A ONE-TIME UNANTICIPATED EVEN START GRANT
AUGMENTATION FUND IN THE AMOUNT OF $5,833 FOR EXPENDITURES
ASSOCIATED WITH THE CHULA VISTA LITERACY TEAM'S EVEN START
FAMILY LITERACY GRANT (4/5THS VOTE REQUIRED)
The California Department of Education has advised the Library that its four-year Even
Start grant in the amount of $166,667 has been augmented by $5,833 for Fiscal Year
2007. Adoption of the resolution appropriates the funds. (Assistant City
Manager/Library Director)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2007 LIBRARY DEPARTMENT BUDGET BY
APPROPRIATING A ONE-TIME UNANTICIPATED BILL AND MELINDA GATES
FOUNDATION PUBLIC ACCESS HARDWARE UPGRADE PROGRAM (PAC HUG)
IN THE AMOUNT OF $39,000 FOR THE REPLACEMENT OF PUBLIC ACCESS
COMPUTERS PURCHASED FROM A PREVIOUS FOUNDATION GRANT (4/5THS
VOTE REQUIRED)
The Bill and Melinda Gates Foundation Public Access Hardware Upgrade Program (PAC
HUG) has awarded the Chula Vista Public Library a one-time unanticipated grant in the
amount of $39,000 for the replacement of public access computers. Adoption of the
resolution appropriates the funds. (Assistant City Manager/Library Director)
Staffrecommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2007 LIBRARY DEPARTMENT BUDGET BY
APPROPRIATING UNANTICIPATED ONE-TIME GRANT REVENUE IN THE
AMOUNT OF $57,807 FROM THE PUBLIC LIBRARY FUND FOR THE PURCHASE
OF LIBRARY MATERIALS (4/5THS VOTE REQUIRED)
The California State Library has notified the Library of a one-time augmentation to the
Public Library Fund grant in the amount of $57,807. Adoption of the resolution
appropriates the funds. (Assistant City Manager/Library Director)
Staff recommendation: Council adopt the resolution.
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November 21, 2006
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A CONTRACT WITH IRON MOUNTAIN INFORMATION
MANAGEMENT, INC. FOR THE LONG-TERM STORAGE OF CITY RECORDS
Adoption of the resolution approves a contract for the long-term storage and related
records management services related to the City's inactive and permanent records. (City
Clerk)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EASEMENT
DEED OVER A PORTION OF CITY OWNED LAND TO SAN DIEGO GAS AND
ELECTRIC COMPANY (SDG&E) FOR UTILITY AND ACCESS PURPOSES AS
NECESSARY TO PROVIDE ELECTRICAL AND/OR GAS SERVICE TO THE
BONITA BRANCH OF THE SAN DIEGO COUNTY LIBRARY AND THE BONITA
MUSEUM
Adoption of the resolution grants an easement over a portion of City owned land to San
Diego Gas and Electric Company for utility and access purposes as necessary to provide
electrical and/or gas service to the Bonita Branch of the San Diego County Library and
the Bonita Museum. (Acting Engineering Director)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING A CONTRACT FOR CONSTRUCTION OF
"HES TRAFFIC SIGNAL IMPROVEMENTS AT FOURTH AVENUE AND K
STREET" (TF-341) TO LEKOS ELECTRIC, INC., AND APPROPRIATING FUNDS
THEREFOR (4/5THS VOTE REQUIRED)
On October 4, 2006, the Engineering Department received two sealed bids to complete
the traffic signal improvements at Fourth and K Streets. Lekos Electric, Inc. submitted
the low bid of $232,702. Adoption of the resolutions accepts the bids, awards the
contract to Lekos Electric, Inc., and appropriates $25,000 from the available balance of
the Traffic Signal fund to complete the project. (Acting Engineering Director)
Staff recommendation: Council adopt the resolution.
9. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA
MUNICIPAL CODE TITLE 6 "ANIMALS" TO ADD CHAPTER 6.30, ENTITLED
ANIMAL SALES, AND SECTIONS 6.30.010 AND 6.30.020 (FIRST READING)
Adoption of the ordinance would make it a misdemeanor to give away, offer for sale, or
transfer any animal, bird, or reptile on public property or private property open to the
public. (General Services Director)
Staff recommendation: Council place the ordinance on first reading.
Page 3 - Council Agenda
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November 21,2006
10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING SUBMITTAL OF A WASTE TIRE ENFORCEMENT GRANT
APPLICATION IN PARTNERSHIP WITH THE CITY OF SAN DIEGO - SOLID
WASTE LOCAL ENFORCEMENT AGENCY AND AUTHORIZING THE CITY OF
SAN DIEGO TO ACT ON BEHALF OF THE CITY OF CHULA VISTA TO
EXECUTE ALL NECESSARY APPLICATIONS, CONTRACTS, PAYMENTS
REQUESTS, AGREEMENTS AND AMENDMENTS FOR THE PURPOSE OF
SECURING GRANT FUNDS AND TO IMPLEMENT AND CARRY OUT THE
PURPOSES SPECIFIED IN THE GRANT
The City of San Diego is the lead agency for the Solid Waste Local Enforcement Agency
(LEA) program in San Diego County. The cities of Chula Vista, Imperial Beach and
National City are partnering with San Diego for the next grant cycle. (General Services
Director)
Staff recommendation: Council adopt the resolution.
11. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2007 POLICE DEPARTMENT PERSONNEL
SERVICE BUDGET, ADDING UNCLASSIFIED POSITIONS, AND
APPROPRIATING FUNDS THERFOR BASED UPON UNANTICIPATED
REVENUES (4/5THS VOTE REQUIRED)
B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA
MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF
UNCLASSIFIED POSITIONS TO ADD THE POSITIONS OF CALIFORNIA
BORDER ALLIANCE GROUP (CBAG) - DIRECTOR OF SAN DIEGO LAW
ENFORCEMENT COORDINATION CENTER (SD LECC), CBAG
ADMINISTRATIVE ANALYST I AND CBAG ADMINISTRATIVE ANALYST II
(FIRST READING)
The California Border Alliance Group (CBAG) is requesting to add the positions of
CBAG - Director of San Diego Law Enforcement Coordination Center (SD LECC) and
CBAG Administrative Analyst I and II. All positions would be fully funded through the
southwest high intensity drug trafficking area, with an additional 3% administrative fee
paid to the City for the payroll and benefits administration. (Police Chief)
Staff recommendation: Council adopt the resolution and place the ordinance on first
reading.
12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $11,215 FROM THE BUREAU OF JUSTICE ASSISTANCE AND
APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND FOR THE
BULLETPROOF VEST PARTNERSHIP (4/5THS VOTE REQUIRED)
The Police Department has received funding from the Bureau of Justice Assistance to pay
for bulletproof vests through a Bulletproof Vest Partnership grant. The grant amount of
$11,215 will pay for 50% of the cost of bulletproof vests, which will partially fund 21
vests. Matching funds are included in the Police budget. (Police Chief)
Staff recommendation: Council adopt the resolution.
Page 4 - Council Agenda
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November 21, 2006
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.
13. CONSIDERATION OF A TENTATIVE SUBDIVISION MAP APPLICATION FILED
BY VILLAS DEL MAR DEVELOPMENT, LLC AND KNOWN AS VILLAS DEL
MAR, CHULA VISTA TRACT 04-06 FOR 10 SINGLE FAMILY RESIDENTIAL
LOTS ON 2.06 ACRES ON THE WEST SIDE OF NORTH DEL MAR AVENUE
BETWEEN C STREET AND BRISBANE A VENUE
The project consists of the removal of an existing house and subdivision of the project
site into 10 single-family residential lots, ranging in size from 5,805 to 8,657 square feet,
and one common lot containing the private road and common landscaping areas. The
average lot size is approximately 7,040 square feet. Adoption of the resolution approves
the Mitigated Negative Declaration and Mitigation Monitoring Program IS-04-022, and
approves the tentative subdivision map, Chula Vista Tract 04-06, in accordance with the
findings and subj ect to the conditions contained in the resolution. (Planning and Building
Director)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING MITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING PROGRAM IS-04-022, AND APPROVING AND
ESTABLISHING CONDITIONS OF A TENTATIVE MAP FOR VILLAS DEL
MAR, CHULA VISTA TRACT 04-06 - VILLAS DEL MAR DEVELOPMENT,
LLC
ACTION ITEMS
The Item listed in this section of the agenda will be considered individually by the
Council and is expected to elicit discussion and deliberation. 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.
Page 5 - Council Agenda
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November 2], 2006
14. CONSIDERATION OF ANNEXATION OF TERRITORY INTO COMMUNITY
FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) AND
IMPROVEMENT AREA C THERETO
Otay Project, LP has requested that the City conduct proceedings to consider the
annexation of territory into Improvement Area C of Community Facilities District 97-2
(Preserve Maintenance District). The conditions of approval of the tentative map for
Otay Ranch Village Two require that the annexation be a condition of the first final map
for the project. The district funds the maintenance of areas that have been conveyed to
the preserve in accordance with the Otay Ranch Resource Management Plan. The City
has retained the services of MuniFinancial as special tax consultant and Best, Best and
Krieger, LLP as legal counsel to provide assistance during the proceedings. Adoption of
the resolutions will initiate the formal proceedings to consider the annexation. (Acting
Engineering Director)
Staff recommendation: Council adopt the following resolutions:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ADOPTING AN ANNEXATION MAP, ANNEXATION NO.6,
SHOWING TERRITORY (OTAY RANCH VILLAGE TWO)
PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES
DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) AND
IMPROVEMENT AREA C
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DECLARING ITS INTENTION TO AUTHORIZE THE
ANNEXATION, ANNEXATION NO.6, OF TERRITORY (OTAY
RANCH VILLAGE TWO) TO COMMUNITY FACILITIES DISTRICT
NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) AND
IMPROVEMENT AREA C THERETO AND SETTING THE PUBLIC
HEARING TO CONSIDER AUTHORIZATION OF SAID
ANNEXATION
15. CONSIDERATION OF APPROVAL OF THE FORMATION OF COMMUNITY
FACILITIES DISTRICT NO. 13M (OT A Y RANCH VILLAGE TWO)
Otay Project, LP has requested that the City conduct proceedings to consider the approval
of the formation of Community Facilities District (CFD) 13M (Otay Ranch Village Two).
The Tentative map conditions of approval require that said CFD be formed prior to
issuance of the first production home building permit. The district will fund the perpetual
operation and maintenance of slopes, medians, parkways, trails, and storm water
treatment facilities The City has retained the services of MuniFinancial as special tax
consultant and Best, Best and Krieger, LLP as legal counsel to provide assistance during
the proceedings. Adoption of this resolution will initiate the formal proceedings to
consider the establishment of CFD 13M. (Acting Engineering Director)
Page 6 - Council Agenda
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November 21, 2006
Staffrecommendation: Council adopt the following resolutions:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ADOPTING A BOUNDARY MAP SHOWING THE
BOUNDARIES OF THE TERRITORY PROPOSED FOR INCLUSION
IN PROPOSED COMMUNITY FACILITIES DISTRICT NO. 13M
(OT A Y RANCH VILLAGE TWO)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DECLARING ITS INTENTION TO ESTABLISH
COMMUNITY FACILITIES DISTRICT NO. 13M (OTAY RANCH
VILLAGE TWO) AND TO AUTHORIZE THE LEVY OF A SPECIAL
TAX THEREIN TO FINANCE CERTAIN SERVICES AND SETTING
THE PUBLIC HEARING TO CONSIDER THE ESTABLISHMENT OF
THE PROPOSED DISTRICT
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ORDERING AND DIRECTING THE PREPARATION OF A
COMMUNITY FACILITIES DISTRICT REPORT FOR PROPOSED
COMMUNITY FACILITIES DISTRICT NO. 13M (OTAY RANCH
VILLAGE TWO)
OTHER BUSINESS
16. CITY MANAGER'S REPORTS
17. MAYOR'S REPORTS
A. Ratification of Mr. John Acosta to the Veterans Advisory Commission.
(Continued from November 14,2006)
B. Ratification of Ms. Rita Buencamino-Andrews to the Board of Appeals and
Advisors
18. COUNCIL COMMENTS
Deputy Mayor McCann:
A. A formal request for a review of performance and progress of the Chula Vista
Redevelopment Corporation.
Councilmember Rindone
B. Request for Council concurrence to reopen the application process to accept
applications for City Manager and extend the deadline for filing until December
5, 2006.
Page 7 - Council Agenda
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November 21, 2006
ADJOURNMENT to the Regular Meeting of December 5, 2006 at 4:00 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 jive 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 8 - Council Agenda
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November 21, 2006
DRAFT
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
August 8, 2006
6:00P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6: 15
p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Castaneda, Chavez, and Rindone
ABSENT: Councilmembers: McCann (excused), Padilla (excused)
ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, and City Clerk
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. PRESENTATION BY LISA MOCTEZUMA, REPRESENTING THIRD AVENUE
VILLAGE ASSOCIATION, REGARDING LEMON FESTIVAL 2006
Lisa Moctezuma announced that the lOth annual Lemon Festival would be held on Third Avenue
on Sunday, August 13, 2006, from 10:00 a.m. to 5:00 p.m., featuring live entertainment and
dance groups, a kids' fun zone, arts and crafts, and free admission.
. DID YOU KNOW...ABOUT THE RECREATION DEPARTMENT'S "FUN TO BE
FIT PROGRAMS"? Presented by Victoria Tom, Recreation Supervisor Ill.
Victoria Tom presented the programs.
CONSENT CALENDAR
(Items 1 through 6)
With reference to Item 1, the minutes of July 11 were continued to August 22, 2006 at the
request of Councilmember Castaneda. Item 2B was continued to August 22, 2006, at the request
of Councilmember Rindone. With reference to Item 3, Councilmember Rindone noted a revised
resolution on the dais to delete the appropriation of funds, which will be considered by separate
action at the meeting of August 22, 2006.
1. APPROVAL OF MINUTES of the Regular Meeting of June 20, the Special Meeting of
July 10, the Regular Meeting of July 11, and the Special Meeting of July 18, 2006.
Staff recommendation: Council approve the minutes except those for July 11, which
should be continued to August 22.
I-I
CONSENT CALENDAR (Continued)
DRAfT
2. WRITTEN COMMUNICATIONS
A. Letter of resignation from William Hall, Chula Vista's representative on the
Board of Port Commissioners.
Staff recommendation: Council accept the resignation. (This vacancy was posted
August 3, 2006 in accordance with the Maddy Act.)
B. Memorandum from Councilmember Rindone requesting excused absences from
the City Council meetings of July 25 and August 1,2006.
Staff recommendation: Continue to August 22, 2006.
C. Memorandum from Mayor Padilla requesting an excused absence from the City
Council meeting of August 8, 2006.
Staff recommendation: Council excuse the absence.
3. RESOLUTION NO. 2006-247, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING TEMPORARY CLOSURE OF EAST
PALOMAR FROM SANTA RITA TO SANTA ANDREA FOR THE SEVENTH
ANNUAL OTAY RANCH DAY FROM NOON TO 4:30 P.M. ON SEPTEMBER 16,
2006 AS REQUESTED BY THE OTAY RANCH COMPANY; APPROVING AN
AGREEMENT BETWEEN THE CITY AND OTAY RANCH COMPANY, AND
AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT
The Otay Ranch Company requested permission for a temporary street closure on East
Palomar from Santa Rita to Santa Andrea for the seventh annual Otay Ranch Day on
Saturday, September 16. (Communications Director)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION NO. 2006-248, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA SUPPORTING AND AUTHORIZING THE SUBMITTAL
OF A JOINT APPLICATION FOR A REGIONAL ENTERPRISE ZONE TO THE
STATE OF CALIFORNIA HOUSING & COMMUNITY DEVELOPMENT
DEPARTMENT; APPROVING AN OVERALL BUDGET FOR YEAR ONE;
AUTHORIZING STAFF TO PREPARE ALL REQUIRED DOCUMENTS TO SUBMIT
THE JOINT APPLICATION; AND AUTHORIZING THE CITY MANAGER TO SIGN
A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF SAN DIEGO
AND THE CITY OF NATIONAL CITY FOR THE ADMINISTRATION OF A
REGIONAL ENTERPRISE ZONE
Page 2 - Council Minutes
August 8, 2006
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DRAfl
CONSENT CALENDAR (Continued)
Since 2001, the City of Chula Vista has actively participated in a regional partnership
with the City of San Diego in administering the South Bay Enterprise Zone, which
includes portions of Chula Vista, primarily west of Interstate 5. As part of this
partnership, the City of Chula Vista and the Port of San Diego have provided funding to
the City of San Diego to support the cost of managing the program and to enhance a
marketing campaign for the South Bay Enterprise Zone. The existing South Bay
Enterprise Zone designation is set to expire. Adoption of the resolution authorizes the
submittal of a new joint application for designation and first-year budget, staff
preparation of all required documents, and execution of memoranda of understanding
with the City of San Diego and the San Diego Unified Port District. (Acting Community
Development Director)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION NO. 2006-249, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING THE LITIGATION SETTLEMENT IN THE
MATTER ENTITLED LEMMINGS, ET AL., V. SECOND CHANCE BODY ARMOR,
INC. FOR DEFECTIVE ZYLON VESTS PURCHASED BY THE POLICE
DEPARTMENT
As a registered class member in the litigation matter entitled Lemmings, et aI., v. Second
Chance Body Armor, Inc., the Police Department received a merchandise voucher in the
amount of $118,041 for the purchase of any Armor Holdings branded products to replace
the defective Zylon vests purchased from Second Chance Body Armor, Inc. (Police
Chief)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO. 2006-250, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND D-MAX ENGINEERING, INC. FOR NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) DRY WEATHER
ANALYTICAL AND FIELD SCREENING SERVICES; AND GRANTING THE CITY
MANAGER THE AUTHORITY TO APPROVE UP TO TWO ONE-YEAR
EXTENSIONS TO SAID AGREEMENT
The City's National Pollutant Discharge Elimination System (NPDES) permit requires
the City to annually conduct dry weather analytical and field screening monitoring at
major outfalls during the dry weather season in order to detect illegal discharges to the
storm water conveyance system, and to identify, if possible, the sources of the illegal
discharges. Due to the expertise and specialized equipment necessary to perform these
services, it is necessary to retain an outside consultant. Four proposals were received,
and staff has determined that D-Max Engineering, Inc. was the most qualified and
submitted the lowest bid of the three top ranked consultants. (Public Works Operations
Director)
Staff recommendation: Council adopt the resolution.
ACTION:
Councilmember Castaneda moved to approve staff's recommendations and
offered the Consent Calendar, headings read, texts waived, with the minutes of
July II and Item 2B continued to August 22, and with the resolution for Item 3
revised to delete appropriations language. The motion carried 3-0.
Page 3 - Council Minutes
August 8, 2006
/-3
ITEMS REMOVED FROM THE CONSENT CALENDAR
DRAFT
There were none.
PUBLIC COMMENTS
Kevin O'Neill, citing a recent newspaper article, said he was appalled to learn that Mayor
Padilla's aide was caught taking photos of citizens attending a private function hosted by his
mayoral opponent. He believed there was a huge difference between monitoring an opponent's
speech at a public forum and using a telephoto lens to surreptitiously take photos to record the
attendees at a private reception. He stated that as citizens, we have an expectation of privacy and
must not allow an elected official to abuse that right for his personal gain. He called upon the
citizens to rebuke Mayor Padilla for the actions of his staff and for condoning them. He
referenced Section 707 of the City Charter regarding improper political activity, stating that the
staff person had a conflict of interest, and he suggested the need for the Board of Ethics to
address the matter. He also commented that how the Council addressed the matter was also
important.
Councilmember Castaneda asked if the position of Legislative Affairs Coordinator was
controlled solely by the Mayor or was controlled by the Mayor and Council. He then directed
staff to examine and provide a report to the Council on whether the individuals holding positions
in the Mayor and Council Office served individually or collectively at the will of the Mayor
and/or the Council. Councilmember Rindone directed staff to also include in the report the
maximum number of hours authorized per Councilmember for Council Aides and whether or not
the number of hours was being met
ACTION ITEMS
7. CONSIDERATION OF COUNCIL'S SUPPORT FOR A SPECIAL FOCUS ON
TRAFFIC SAFETY AND FURTHER INVESTIGATION INTO THE USE OF RED
LIGHT CAMERAS AS AN ENFORCEMENT TOOL
August 6 through 12 marks "Stop on Red" week. The Engineering and Police
Departments have requested the support of the City Council and residents to kick off a
year of special focus on traffic safety in the city. Additionally, this item provides the
opportunity for the City Council to provide policy direction regarding the potential use of
red light camera enforcement in the city. (Acting Engineering Director/Police Chief)
ACTION:
Councilmember Castaneda moved to continue Item 7 to August 22, 2006.
Councilmember Chavez seconded the motion, and it carried 3-0.
Councilmember Rindone stated that there needed to be more thought given to red light cameras,
citing concerns with associated costs, intrusion, and camera accuracy. He also believed that
other alternatives, such as team enforcement with a lower operating cost, should be explored for
enforcement purposes.
8. CONSIDERATION OF AN ORDINANCE REQUIRING HOTELS AND MOTELS TO
HAVE A PERMIT TO OPERATE, AND AN AMENDMENT TO THE MASTER FEE
SCHEDULE TO INCLUDE THE PERMIT-TO-OPERATE FEE REQUIREMENT FOR
HOTELS AND MOTELS
Page 4 - Council Minutes
August 8, 2006
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DRAft
ACTION ITEMS (Continued)
The proposed ordinance requires hotels/motels to obtain and post an annual permit to
operate before renting rooms. To obtain a permit, motels would need to meet minimum
room requirements, pass an annual health inspection; have a reasonable annual number of
police calls for service; and be up-to-date on transient occupancy tax owed the City.
Additionally, a permit-to-operate fee would be enacted in order to cover the cost of City
staff to process the annual permit. (Police Chief, Planning and Building Director,
Finance Director, Acting Director of Community Development, Fire Chief,)
Police Chief Emerson presented the motel/hotel permit-to-operate ordinance and explained that
the goal was to make all Chula Vista hotels safe, clean, and successful.
Councilmember Castaneda spoke about motels that would be impacted with the future bayfront
redevelopment and asked what message the proposed ordinance requirements would convey to
larger hotel chains that may be looking to move to Chula Vista. Police Chief Emerson replied
that staff would not want to make the permitting process too onerous and that he would work
with legal staff to review the possibility of exempting or differentiating between hotels of a
certain size with regard to the permit requirement.
Councilmember Chavez expressed concern that while some families are using motels as
residences, other motel occupants are being arrested for various weapons-related crimes. She felt
that the proposed ordinance should apply across the board. Police Chief Emerson stated that
motel/hotel management practices are essential, and that adequate modifications would be
necessary for those hotels/motels offering long-term accommodations.
Councilmember Rindone questioned whether failure by the hotel operators to display a valid
operating permit would create enough of an incentive, or whether they would be prepared to pay
the necessary fines for any violations. Police Chief Emerson stated that any violations by the
hotel operators would constitute a misdemeanor. Deputy City Attorney Cave added that the idea
of a misdemeanor prosecution would be to place the owner on probation in order to have them
do what the City is requiring them to do. Councilmember Rindone directed staff to come back to
Council one year after implementation with an evaluation and any recommendations. Further
direction was given by Councilmember Castaneda to look at stratifications in operating fees.
ACTION:
Councilmember Rindone moved to place the ordinance on first reading and adopt
Resolution No. 2006-251, headings read, texts waived; to direct staff to come
back one year after implementation with an evaluation and any recommendations;
and to direct staff to look at stratifications in operating fees:
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
MUNICIPAL CODE 15.20 AND ESTABLISHING MUNICIPAL CODE
5.39 REQUIRING HOTELS AND MOTELS TO HAVE A PERMIT TO
OPERATE (FIRST READING)
RESOLUTION NO. 2006-251, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE
MASTER FEE SCHEDULE TO INCLUDE A PERMIT-TO-OPERATE
FEE REQUIREMENT FOR HOTELS AND MOTELS
Councilmember Castaneda seconded the motion, and it carried 3-0.
DRAFT
ACTION ITEMS (Continued)
9. CONSIDERATION OF PLACEMENT OF A BALLOT MEASURE ON THE
NOVEMBER 7, 2006 STATEWIDE GENERAL ELECTION, REGARDING ARTICLE
34 OF THE STATE OF CALIFORNIA CONSTITUTION, TO AUTHORIZE THE
CITY'S PARTICIPATION IN FUTURE AFFORDABLE HOUSING PROJECTS
(Continued from August 1,2006)
Article 34 of the State of California Constitution, adopted in 1950, specifies the
circumstances under which public agencies have the authority for construction,
development, and acquisition of affordable units for low income renters throughout the
City. The City is nearing the limit of the 400 units previously approved under Article 34
by City of Chula Vista voters on April II, 1978, and adopted by Ordinance No. 1897,
and will require authorization to participate in future affordable housing projects (Acting
Community Development Director)
Assistant Community Development Director Hix presented the proposed ballot measure.
Housing Manager Mills provided further details regarding Article 34.
ACTION:
Councilmember Rindone moved to adopt Resolution No. 2006-252, heading read,
text waived, as amended to delete the appropriation of funds, which will be
considered at the meeting of August 22, 2006:
RESOLUTION NO. 2006-252, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA PLACING A
PROPOSED BALLOT MEASURE ON THE NOVEMBER 7, 2006
STATEWIDE GENERAL ELECTION BALLOT REGARDING
ARTICLE 34 OF THE CALIFORNIA CONSTITUTION, WHICH
AUTHORIZES PARTICIPATION IN FUTURE AFFORDABLE
HOUSING PROJECTS FOR LOW INCOME RENTERS
THROUGHOUT THE CITY OF CHULA VISTA, APPROVING THE
CITY ATTORNEY IMPARTIAL ANALYSIS, AND DIRECTING
STAFF TO SUBMIT THE ANALYSIS TO THE REGISTRAR OF
VOTERS
The motion carried 3-0.
10. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING THE
BALLOT QUESTIONS, TITLE SUMMARIES, AND LANGUAGE OF THREE
PROPOSED CHARTER AMENDMENTS TO BE SUBMITTED TO THE
ELECTORATE AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 7,2006; AND APPROVAL OF THE CITY ATTORNEY'S
IMP ARTlAL ANALYSIS OF EACH MEASURE
At its meeting on July 18, 2006, the Council, after receiving a report from the Charter
Review Commission and hearing public testimony, voted for the City Attorney to return
with a resolution to place one amendment to Charter Section 300.D and two amendments
to Charter Section 303.C on the November 7, 2006 ballot. (City Attorney)
Page 6 - Council Minutes
August 8, 2006
/-/p
DRAFT
ACTION ITEMS (Continued)
Deputy City Attorney Dawson presented the proposed Charter amendments. Measure 1 was to
amend Charter section 300D to modify the eligibility requirements to prohibit an appointed
Mayor or Councilmember from being eligible to run for the office until one year after the
termination of the appointed term. Measures 2 and 3 would modify Charter section 303C
regarding the filling of unanticipated vacancies. Measure 2 would require a special election if
there were more than two years remaining on a term, and the Council would have 45 days to
make an appointment if there were two years or less remaining on a term. Measure 3, as
proposed by the Charter Review Commission, would require a special election if there was more
than one year remaining on a term, and the Council would have 45 days to make an appointment
if there was one year or less. Ms. Dawson also presented three options with regard to the timing
of special elections to fill vacancies:
Option 1: Call a special election to be held within 90 days of the declaration of a
vacancy, or as soon thereafter as practical as determined by the City Clerk; with a run-
off, if needed, to be held within 49 days of the first election, or as soon thereafter as
practical as determined by the City Clerk.
Option 2: Call a special election forthwith, as soon as practical as determined by the City
Clerk; with a run-off, if needed, to be held forthwith, as soon as practical as determined
by the City Clerk.
Option 3: Call a special election to be held on the next established election date as
specified in the Elections Code, or within 120 days from the declaration of vacancy,
whichever is practical, unless there is another election to be held within 180 days, in
which case the Council could consolidate with that election. A run-off, if needed, would
be held on the next established election date as specified in the Elections Code, or within
120 days following certification of the results of the first special election, whichever is
practical, unless there is another election to be held within 180 days following
certification with which the Council could consolidate.
Cheryl Cox, representing the Charter Review Commission, urged the Council to decide between
Measures 2 and 3 so as not to confuse voters and to save $25,000.
Councilmembers Castaneda and Rindone spoke in support of Option 3 with regard to the timing
of elections. Councilmember Chavez believed that the three proposed measures were confusing
and should be condensed to two questions only. It was the consensus of the Council to support
placing Measures 1 and 3 on the ballot.
ACTION:
Councilmember Rindone moved to approve placing Measure 1, as presented in
Exhibit A of the resolution, on the ballot, which, if approved, would amend
Charter section 300D to modify the eligibility requirements to prohibit an
appointed Mayor or Councilmember from being eligible to run for the office until
one year after the termination of the appointed term. Councilmember Castaneda
seconded the motion, and it carried 3-0.
Page 7 - Council Minutes
/-7
August 8, 2006
DRAFT
ACTION ITEMS (Continued)
ACTION:
ACTION:
ACTION:
Councilmember Rindone moved to approve the Option 3 language, specifying the
timing for special elections called with regard to either Measure 2 or 3.
Councilmember Castaneda seconded the motion, and it carried 3-0.
Councilmember Rindone moved to approve placing a single measure, Measure 3,
as presented in Exhibit C of the resolution, on the ballot, which, if approved,
would require a special election if there was more than one year remaining on a
term, and the Council would have 45 days to make an appointment if there was
one year or less. Councilmember Castaneda seconded the motion, and it carried
3-0.
Councilmember Rindone then offered Resolution No. 2006-253, as amended to
delete reference to Measure 2 and revise the language of Exhibit C:
RESOLUTION NO. 2006-253, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING BALLOT
QUESTIONS, TITLE SUMMARIES, AND LANGUAGE OF TWO
PROPOSED CHARTER AMENDMENTS, ONE TO ARTICLE III,
SECTION 300.D AND ONE TO ARTICLE III, SECTION 303.C, TO BE
SUBMITTED TO THE ELECTORATE AT THE SPECIAL
MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON
TUESDAY, NOVEMBER 7, 2006; AND APPROVING CITY
ATTORNEY IMPARTIAL ANALYSIS OF EACH MEASURE AND
DIRECTING STAFF TO SUBMIT ANALYSES TO REGISTRAR OF
VOTERS
The motion carried 3-0.
11. CONSIDERATION OF ADOPTION OF RESOLUTIONS CALLING AND GIVING
NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD
NOVEMBER 7, 2006; AND REQUESTING THE BOARD OF SUPERVISORS TO
PERMIT THE REGISTRAR OF VOTERS TO PERFORM SERVICES FOR THE
CONDUCT OF THE SPECIAL MUNICIPAL ELECTION
ACTION:
The purposes of the November 7,2006 Special Municipal Election are to conduct a run-
off to select a Mayor and one member of the City Council to fill Seat 1; and to submit
three ballot measures to the electorate. It is necessary at this time to adopt resolutions
amending Resolution 2006-205, calling and giving notice of the election, in order to
include the ballot measures; and requesting the services of the Registrar of Voters, as
required by the California Elections Code. (City Clerk)
Councilmember Rindone offered Resolution No. 2006-254, heading read, text
waived, as revised to delete reference to one of four proposed ballot measures;
and Resolution No. 2006-255, heading read, text waived, as revised to delete
reference to one of the four proposed measures and its corresponding ballot
question:
August 8, 2006
Page 8 - Council Minutes
/-f
DRAFT
ACTION ITEMS (Continued)
RESOLUTION NO. 2006-254, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA AMENDING
RESOLUTION NO. 2006-205, CALLING AND GIVING NOTICE OF
THE HOLDING OF A SPECIAL MUNICIPAL ELECTION IN SAID
CITY ON TUESDAY, NOVEMBER 7,2006, FOR THE PURPOSE OF
ELECTING A MAYOR, ELECTING ONE MEMBER OF THE CITY
COUNCIL, AND SUBMITTING TO THE QUALIFIED ELECTORS
TWO PROPOSED CHARTER AMENDMENTS AND ONE BALLOT
MEASURE
RESOLUTION NO. 2006-255, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA REQUESTING THE
BOARD OF SUPERVISORS TO PERMIT THE REGISTRAR OF
VOTERS TO PERFORM SERVICES FOR THE CONDUCT OF THE
SPECIAL MUNICIPAL ELECTION FOR THE CITY OF CHULA
VISTA TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL
ELECTION TO BE HELD ON NOVEMBER 7, 2006
The motion carried 3-0.
It was the consensus of the Council to continue consideration of the proposed resolution
appropriating funds for the inclusion of measures on the ballot to August 22, 2006.
OTHER BUSINESS
12. CITY MANAGER'S REPORTS
Interim City Manager Thomson recommended that the August 15th meeting be cancelled due to a
light agenda.
ACTION:
Councilmember Castaneda moved to cancel the August 15, 2006 Council
meeting. Councilmember Chavez seconded the motion, and it carried 3-0.
13. MAYOR'S REPORTS
A. Discussion regarding the appointment process to fill the current Port Commission
vacancy.
It was the consensus of the Council to approve, with minor amendments, the appointment
process as presented by Interim City Manager Thomson.
Page 9 - Council Minutes
August 8, 2006
/-9
DRAFT
OTHER BUSINESS (Continued)
B. Ratification of appointments to the following boards, commissions, and
committees:
Manny Ramirez, International Friendship Commission
Elizabeth Scott, Charter Review Commission
Pat Moriarty, Human Relations Commission
Douglas Cochrane, Safety Commission
Ricardo Macias, Resource Conservation Commission
Jeremy Hogan, M.D., Design Review Commission
Anthony David Angelo, J.D., Childcare Commission
Sonny Chandler, Commission on Aging
Elroy Kihano, Veterans' Advisory Commission
Stephen Sprenkle, Veterans' Advisory Commission
Karina Kay Corrales, Youth Advisory Commission
ACTION:
Councilmember Rindone moved to ratify the appointments. Councilmember
Castaneda seconded the motion, and it carried 3-0.
14. COUNCIL COMMENTS
Councilmember Chavez: Report on the San Diego County Healthcare Safety Net Study.
Councilmember Chavez reported on a Town Hall meeting held on July 24, 2006 regarding the
Healthcare Safety Net Study. She directed staff to place a link on the City's website to the study,
and to also place an announcement of a community meeting to be held at Chula Vista's main
library on August 14, 2006 at 6:00 p.m. to discuss related matters. She spoke about the need for
collaborative efforts with the community to seek new visions and strategies on how to address
the City's health care needs.
Councilmember Chavez announced the temporary closure of Norman Park Senior Center from
August 7 through August 20' for maintenance work. Councilmember Castaneda asked how the
temporary closure of the center would affect those citizens who use it as one of the City's "cool
zones." Interim City Manager Thomson replied that a notice would be placed on the City's
website to offer alternative locations. Councilmember Castaneda also spoke regarding recent
water contamination in several North County neighborhoods and directed staff to ask the
Interagency Water Task Force to look at what each of the local water districts is doing to ensure
water safety and what procedures are in place to notify residents about water quality.
Councilmember Rindone congratulated Dr. Jesus Gandara on his appointment as Superintendent
of the Sweetwater Union High School District. He also encouraged everyone to attend the
Lemon Festival this Sunday, from 10:00 a.m. to 5:00 p.m. He then directed staff to place on the
City's website the information that was recently provided to the Council regarding mobilehome
park zoning and relocation assistance policies and programs.
At 9:36 p.m., Mayor Padilla recessed the meeting to Closed Session.
Page 10 - Council Minutes
/-f~
August 8, 2006
DRAFT
CLOSED SESSION
15. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
Two Cases
Information on whether or not action was taken was unavailable from the City Attorney's Office.
16. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
Workers' Compensation Appeals Board Case Nos. SDO 0294160, SDO 0294161,
SDO 0335144
Information on whether or not action was taken was unavailable from the City Attorney's Office.
Mayor Padilla adjourned the meeting to the Regular Meeting of August 15,2006 at 6:00 p.m. in
the Council Chambers.
~~i:~
Susan Bigelow, MMC, City Clerk
Page 11 - Council Minutes
August 8, 2006
/-/1
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2.
COUNCIL AGENDA STATEMENT
Item:
Meeting Date: November 21. 2006
REVIEWED BY:
Resolution amending the FY07 Library
Department supplies and services budget by appropriating
a one-time unanticipated Even Start grant augmentation in
the amount of $5,833 for expenditures associated with the
Chula Vista Literacy Team's Even Start Family Literacy
grant.
Assistant City Manag7rary Directo~
Interim City Manager ~J (4/5ths Vote: YES X NO _l
ITEM TITLE:
SUBMITTED BY:
The California Department of Education has advised the Chula Vista Public Library
that its four-year Even Start grant in the amount of $166,667 has been augmented by
$5,833 for FY07.
STAFF RECOMMENDATION: That Council adopt the resolution amending the FY07
Library Department supplies and services budget by appropriating unanticipated one-
time Even Start grant augmentation funds in the amount of $5,833 for expenditures
associated with the Chula Vista Literacy Team's Even Start Family Literacy grant.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION: In September 2003, the Chula Vista Public Library, in collaboration
with the Chula Vista Elementary School District, was awarded a four-year California
Department of Education Even Start Familv Literacv Prooram grant. Even Start is a
federally funded, intergenerational family literacy program. It is designed to provide
intensive in-home and center-based services to parents and their young children
considered at high risk for future academic failure and continuing cycles of poverty.
The Library partners with the Chula Vista Elementary School District, which is the
primary agency providing Even Start family literacy services. The Library intends to
pass $5,833 in grant augmentation funds through to the District to pay for program
activities and supplies.
DECISION MAKER CONFLICTS: 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: There is no impact to the General Fund. An additional one-time
augmentation in the amount of $5,833 will be appropriated into the current year Even
Start grant budget. These funds will be passed through to our partner agency, the
Chula Vista Elementary School District to pay for program activities and supplies.
3-1
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING THE FY 07 LIBRARY DEPARTMENT BUDGET
BY APPROPRIATING A ONE-TIME UNANTICIPATED EVEN
START GRANT AUGMENTATION FUNDS IN THE AMOUNT OF
$5,833 FOR EXPENDITURES ASSOCIATED WITH THE CHULA
VISTA LITERACY TEAM'S EVEN START FAMILY LITERACY
GRANT.
WHEREAS, in September 2003, the Chula Vista Public Library, in collaboration
with the Chula Vista Elementary School District, was awarded a four-year California
Department of Education Even Start Family Literacy Program grant; and
WHEREAS, the California Department of Education has augmented the grant for
FY 07 by an additional $5,833; and
WHEREAS, the Library partners with the Chula Vista Elementary School
District, which is the primary agency providing Even Start Family Literacy services; and
WHEREAS, the Library intends to pass $5,833 in grant augmentation funds
through to the District to pay for program activities and supplies.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby amend the Fiscal Year 2007 Library Department budget
appropriating a one-time unanticipated Even Start grant augmentation funds in the
amount of$5,833 for expenditures associated with the Chula Vista Literacy Team's Even
Start Family Literacy grant.
Presented by
Approved as to form by
~~~
Ann Moore -
City Attorney
David Palmer
Assistant City Manager/Library Director
J:lattomey/reso/Finance/Amend 07 Even Start Grant
3-2
COUNCIL AGENDA STATEMENT
Item: <f
Meeting Date: November 21. 2006
REVIEWED BY:
Resolution amending the FY07 Library
Department supplies and services budget by appropriating
a one-time unanticipated Bill and Melinda Gates
Foundation Public Access Hardware Upgrade Program
(PAC HUG) in the amount of $39,000 for the replacement
of public access computers purchased from a previous
Foundation grant. ~}.,j?
Assistant City Manag7ibrary Directo~ tY
Interim City Manager~1 (4/5ths Vote: YES X NO->
ITEM TITLE:
SUBMITTED BY:
The Bill and Melinda Gates Foundation PAC HUG Program has awarded the Chula
Vista Public Library a one-time unanticipated grant in the amount of $39,000 for the
replacement of public access computers.
STAFF RECOMMENDATION: That Council adopt the resolution amending the FY07
Library Department supplies and services budget by appropriating a one-time
unanticipated Bill and Melinda Gates Foundation Public Access Hardware Upgrade
Program (PAC HUG) in the amount of $39,000 for the replacement of public access
computers purchased from a previous Foundation grant.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION: In September 2000, the Chula Vista Public Library was awarded two
grants from the Gates Library Initiative State Partnership totaling $77,475.65. The
purpose of this initiative was to help narrow the digital divide by providing access to
computers, the Internet. and digital information to guests in low-income American and
Canadian communities. With these funds, the Library was able to purchase 23 new
computers and therefore increase the number of public access Internet computers at
Civic Center and South Chula Vista. The EastLake Library was not eligible for funding
because it did not serve the prerequisite number of low-income households.
In November 2005, the Chula Vista Public Library was advised that it was eligible to
participate in the Bill and Melinda Gates Foundation's Public Access Computer
Hardware Upgrade Grant. The primary objective of this grant program is to enable
replacement of the library's older public access computers that were purchased in
2000. The library's public access computers are heavily used by our guests on a daily
basis.
4-1
Item: -4 , Page 2
Meeting Date: 11/21/2006
Grants funds can only be used for:
~ Purchase of complete public access computers systems
~ Individual components as part of a new computer system (hard drives,
additional memory, video, networking, or other cards)
~ Any software for public access computers
~ Support services purchased for the computers, such as extended warranty or
technical support and replacement services purchased from the original
equipment manufacturer or other support vendor.
DECISION MAKER CONFLICTS: 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: There is no impact to the General Fund. An additional one-time
augmentation in the amount of $39,000 will be appropriated into the FY07 Library's
Department supplies and services budget. These funds will be used to purchase and
replace public access computers at both Civic Center and South Chula Vista
branches.
4-2
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY 07 LIBRARY
DEPARTMENT BUDGET BY APPROPRIATING A ONE-TIME
UNANTICIPATED BILL AND MELINDA GATES
FOUNDATION PUBLIC ACCESS HARDWARE UPGRADE
PROGRAM (PAC HUG) IN THE AMOUNT OF $39,000 FOR
THE REPLACEMENT OF PUBLIC ACCESS COMPUTERS
PURCHASED FROM A PREVIOUS FOUNDATION GRANT
WHEREAS, in November 2005, the Chula Vista Public Library was advised that it was
eligible to participate in the Bill and Melinda Gates Foundation's Public Access Computer
Hardware Upgrade Grant; and
WHEREAS, the primary objective of this grant program is to enable replacement of the
library's older public access computers that were purchased in 2000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby amend the fiscal year 2007 Library Department by appropriating a one-time
unanticipated Bill and Melinda Gates Foundation Public Access Hardware Upgrade Program
(PAC HUG) in the amount of $39,000 for the replacement of public access computers purchased
from a previous Foundation grant.
Presented by
Approved as to form by
David Palmer
Assistant City Manager/Library Director
~<l"};\ '\'~~\(\ ~
Ann oore
City Attorney
J:\attomey\reso\tinance\Amend FY 07 Bill and Melinda Gates
4-3
COUNCIL AGENDA STATEMENT
Item: 5
Meeting Date: November 21. 2006
REVIEWED BY:
Resolution amending FY07 Library
Department supplies and services budget by appropriating
unanticipated one-time grant revenue in the amount of
$57,807 from the Public Library Fund for the purchase of
library materials. /""\ A~
Assistant City Managrrary Director<ef 6 U
Interim City Manager ;;J (4/5ths Vote: YES X NO ->
ITEM TITLE:
SUBMITTED BY:
In October 2006, the California State Library notified the Library of a one-time
augmentation to the Public Library Fund grant in the amount of $57,807.
STAFF RECOMMENDATION: That Council adopt the resolution amending the FY07
Library Department supplies and services budget by appropriating unanticipated one-
time grant revenue in the amount of $57,807 from the Public Library Fund for the
purchase of library materials.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
The Library received notification from the California State Library that it will receive a
one-time Public Library Fund (PLF) augmentation in the amount of $57,807. The
Library has already appropriated a base PLF amount in the department's FY 06-07
budget. This augmentation was determined once all public libraries submitted their
Eligibility Annual Certification and the State Library determined that extra monies could
be distributed. This fund is intended to supplement local library funding and enhance
library services.
DECISION MAKER CONFLICTS: 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: There is no net fiscal impact to the General Fund. An additional
one-time augmentation in the amount of $57,807 will be appropriated into the FY07
Library's Department supplies and services budget for the purchase of library
materials.
5-1
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY 07 LIBRARY
DEPARTMENT BUDGET BY APPROPRlATING
UNANTICIPATED ONE-TIME GRANT REVENUE IN THE
AMOUNT OF $57,807 FROM THE PUBLIC LIBRARY FUND
FOR THE PURCHASE OF LIBRARY MATERIALS
WHEREAS, in October 2006, the California State Library notified the Library of a one-
time augmentation to the Public Library Fund (PLF) grant in the amount of $57,807; and
WHEREAS, the Library has already appropriated a base PLF augmentation in the
department's FY06-07 budget; and
WHEREAS, this augmentation was determined once all public libraries submitted their
Eligibility Annual Certification and the State Library determined that extra monies could be
distributed; and
WHEREAS, this fund is intended to supplement local library funding and enhance library
servIces.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby amend the Fiscal Year 2007 Library Department by appropriating
unanticipated one-time grant revenue in the amount of$57,807 from the Public Library Fund for
the purchase of library materials.
Presented by
Approved as to form by
David Palmer
, Assistant City Manager/Library Director
~~~
Ann Moore
City Attorney
J:\attomey\reso\finance\Amend FY 07 Library Dept
5-2
COUNCIL AGENDA STATEMENT
Item
Meeting Date:
~
11/14/06
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A CONTRACT WITH IRON MOUNTAIN
INFORMATION MANAGEMENT, INe. FOR THE LONG-TERM
STORAGE OF CITY RECORDS .
/JI
SUBMITTED BY: Susan Bigelow, MMC, City Clerk
REVIEWED BY: Jim Thomson, Interim City Manager.f (4/Sths Vote: Yes_No-X-)
Adoption of the resolution approves a contract for the long-term storage and related records
management services for the City's inactive and permanent records.
RECOMMENDATION:
Council adopt the resolution.
DISCUSSION:
The City Clerk's Office manages the storage and retrieval of permanent and inactive records for
all departments. We also oversee the annual destruction of inactive records that have met their
retention requirements. Currently, there are approximately 6,000 cartons of stored records of
various types, including paper files, microfiche, maps, plans, and so forth. Due to the City's
rapid growth, the number ofrecords generated, and, thus, the number ofrecords stored, continues
to grow, from approximately 1,500 cartons in 2000 to the current number. There is a need for a
viable long-term records storage solution, as well as an immediate solution to accommodate
departments that are reviewing and sending records to storage in light of the moves to different
offices.
Originally, the Civic Center renovation was to include a permanent records storage center in the
basement of the former police facility. A temporary "warehouse" facility for the records was
provided at the Corporation Yard, and City Clerk staff made daily trips to the Corporation Yard
delivering and retrieving cartons. The Corporation Yard facility, however, was not suitable for
long-term storage; and as the Civic Center plans developed, it became clear that there would not
be space for a permanent records center. A permanent, City-operated records center would have
been ideal since the City's records would have been located in close proximity to City Hall,
facilitating storage and retrieval, and would have given complete control over the handling and
protection of those records. However, since that could not occur, the alternative was to send the
records to a company providing records storage and related records management services, such as
retrieval, delivery and destruction.
In 2003, the records were transferred from the Corporation Yard to such a company, one of only
two in San Diego County. Over the course of the past two years, serious concerns have arisen
about the handling of the City's records and it is now necessary to transfer to records to the other
6-1
records storage company, Iron Mountain Information Management, Inc. A formal bid procedure
was not followed because there are only two local, viable alternatives. Iron Mountain has agreed
to coordinate the pickup, indexing and transfer of the records from the current storage provider to
its own facility at no cost to the City. The City Clerk and City Attorney are negotiating the cost
to permanently withdraw the City's records from the current storage provider, and the cost could
potentially be as high as $20,000. Depending on the results of the negotiations, Staff may need
to return with a request for an appropriation from the general fun.d in a few months.
DECISION MAKER CONFLICTS
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 IMP ACT
The annual cost for storage and related records management services is between $20,000 and
$25,000 annually. Funds for the ongoing storage of records is currently included in the City
Clerk's operating budget. A future appropriation may be required for the pennanent withdrawal
of records from the current storage provider.
6-2
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A CONTRACT WITH IRON
MOUNTAIN INFORMATION MANAGEMENT, INC. FOR
THE LONG-TERM STORAGE OF CITY RECORDS
WHEREAS, the City Council wishes to provide safe and long-term storage for the City's
permanent and inactive records; and
WHEREAS, Iron Mountain Information Management, Inc. has agreed to safely store and
protect the City's important records, as well as provide other records management services, such
as retrieval and timely delivery of records upon the City's request.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve a contract with Iron Mountain Information Management, Inc. for such
services.
Presented by
Approved as to form by
Susan Bigelow, City Clerk
6-3
THE ATTACHED AGREEMENT 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
~ Hdtttd/?JAi
Ann Moore I .
City Attorney
Dated:
Agreement betwe the City of Chula Vista
And Iron Mountain Information Management System for
Records Storage and Management Services
6-4
PARTIES AND RECITAL PAGE(S)
AGREEMENT BETWEEN
CITY OF CHULA VISTA
AND
IRON MOUNTAIN INFORMATION MANAGEMENT SYSTEM
FOR
RECORDS STORAGE AND MANAGEMENT SERVICES
This agreement ("Agreement"), dated , for the purposes of
reference only, and effective as of the date last executed unless another date is otherwise
specified in Exhibit A, Paragraph I is between the City ofChula Vista (City), and Iron Mountain
Infonnation Management Systems (Iron Mountain), and is made with reference to the following
facts:
REClT ALS
Whereas, City is required by law to preserve documents that involve the business of the
City and,
Whereas, these documents require a significant amount of storage space and such space
is no longer available on City property and the documents require special handling to ensure
documents are not lost or destroyed; and,
Whereas, stored documents must be readily available and retrievable when requests for
documents are made; and
Whereas, Iron Mountain warrants and represents that they are experienced and statfed in
a manner such that they are and can prepare and deliver the services required of Iron Mountain
to City within the time frames provided in this Agreement and in accordance with the terms and
conditions of this Agreement;
OBLIGATORY PROVISIONS PAGES
NOW, THEREFORE, BE IT RESOLVED that the City and Iron Mountain do hereby
mutually agree as follows:
I. Iron Mountain's Duties.
A. General Duties.
Iron Mountain shall perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
Page 1
6-5
B. Scope of Work and Schedule.
In the process of performing and delivering said "General Duties", Iron Mountain shall
also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work
and Schedule", not inconsistent with the General Duties, according,tD, and within the time
frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified
in Exhibit A, Paragraph 8, within the time frames set forth in exhibit A, Paragraph 8, time being
of the essence of this Agreement. The General Duties and the work and deliverables required in
the Scope of Work and Schedule shall be referred to in this Agreement as the "Defined
Services". Failure to complete the Defined Services by the times indicated does not, except at the
option of the City, operate to terminate this Agreement.
C. Reductions in Scope of Work.
City may independently, or upon request from Iron Mountain, from time to time reduce
the Defined Services to be perfonned by the Iron Mountain under this Agreement. Upon doing
so, City and Iron Mountain agree to meet in good faith and confer for the purpose of negotiating
a cOlTesponding reduction in the compensation associated with the reduction in services.
D. Additional Services.
In addition to perfom1ing the Defined Services set forth in this Agreement, City may
require Iron Mountain to perfOlm additional services related to the Defined Services
("Additional Services"), and upon doing so in writing, if they are within the scope of services
offered by Iron Mountain, Iron Mountain shall perfoffi1 the additional services on a time and
materials basis at the rates set fOl1h in the "Rate Schedule" in Exhibit A, Paragraph II (C),
unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services
shall be paid monthly as billed.
]n the event that City issues a purchase order to Iron Mountain covering the services
provided under this Agreement, any tenns and conditions set forth in this purchase order which
constitute tenns and conditions which are in addition to those set forth in this Agreement or
which establish conflicting terms and conditions to those set forth in this Agreement are
expressly rejected by Iron Mountain.
E. Standard of Care.
Iron Mountain, in performing any Services under this Agreement, whether Defined
Services or Additional Services, shall perfOlm in a manner consistent with that level of care and
skill ordinarily exercised by members of its profession currently practicing under similar
conditions and in similar locations.
Page 2
6-6
F. Insurance.
Iron Mountain must procure insurance against claims for injuries to persons or damages
to property that may arise from or in connection with the products and materials supplied to the
City of Chula Vista. The insurance must be maintained for the duration of the contract. The cost
of such insurance shall be borne by Iron Mountain.
(1) Minimum Scope ofInsurance.
Coverage must be at least as broad as:
a. Insurance Services Office Commercial General Liability coverage
(occun-ence Form CGOOOI).
(2) Minimum Limits ofInsurance..
Iron Mountain must maintain limits no less than:
I. General Liability:
(Including operations,
products and completed
operations, as applicable.)
$1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability insurance with a
general aggregate limit is used, the general aggregate limit must be
twice the required OCCUlTence limit.
Deductibles and Self-Insured Retentions.
Any deductibles or self. insured retentions must be declared to and approved by
the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or
self.insured retentions as they pertain to the City, its officers, officials, employees and
volunteers; or Iron Mountain will provide a financial guarantee satisfactory to the City
guaranteeing payment oflosses and related investigations, claim administration, and defense
expenses.
Other Insurance Provisions.
The general liability policy shall contain, or be endorsed to contain, the following
provisions:
a. The City of Chula Vista, its officers, officials, employees, agents,
and volunteers are to be named as additional insureds with respect
to liability arising out of products or materials of Iron Mountain.
The general liability additional insured coverage must be provided
in the form of an endorsement to the contractor's insurance using
ISO CG2010 (I 1/85) or its equivalent. Specifically, the
endorsement must not exclude Products / Completed Operations
coverage, and must not be contingent upon "contract".
Page 3
6-7
b. For any claims related to a product, Iron Mountain's insurance
coverage must be primary insurance as it pertains to the City, its
officers, officials, employees, agents, and volunteers. Any
insurance or self-insurance maintained by the City, its officers,
officials, employees, or volunteers is Wholly separate from the
insurance of the contractor and in no way relieves Iron Mountain
from its responsibility to provide insurance.
c. Each insurance policy required by this clause must be endorsed to
state that coverage will not be canceled by either party, except
after tbirty (30) days' prior written notice to tbe City by certified
mail, return receipt requested.
(3) Acceptability of Insurers.
Insurance is to be placed with licensed insurers admitted to transact business in
the State of California with a CUlTent A.M. Best's rating of no less than A V. Ifinsurance is
placed with a Surplus Lines insurer, insurer must be listed on the State of California List of
Eligible Surplus Lines Insurers (LESLI) with a CUlTent A.M. Best's rating of no less than B+ X.
Exception may be made for the State Compensation Fund when not specifically rated.
(4) Verification of Coverage.
Iron Mountain must fumish the City with original certificates and amendatory
endorsements effecting coverage required by this clause. The endorsements should be on
insurance industry forms, provided those forms conform to the contract requirements. All
catijicates and endorsemeJlts are to be received and approved by the City before work
commences. The City reserves the right to require, at any time, complete, certified copies of all
required insurance policies, including endorsements evidencing the coverage required by these
specifications.
G. Proof ofInsurance Coverage.
(I) Certificates oflnsurance.
Iron Mountain shall demonstrate proof of coverage required by this Agreement,
prior to the commencement of services required by this Agreement, by delivery of Certificates of
Insurance demonstrating proof of coverage, and further indicating that tbe policies may not be
canceled without at least thirty (30) days written notice to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary Coverage and
Cross-liability Coverage required under Iron Mountain's Commercial General Liability
Insurance Policy, Iron Mountain shall deliver a policy endorsement to the City demonstrating
coverage, which shall be reviewed and approved by the Risk Manager.
Page 4
6-8
H. Business License.
Iron Mountain agrees to obtain a business license from the City and to otherwise comply
with Title 5 of the Chula Vista Municipal Code.
2. puties of the City.
A. Consultation and Cooperation.
City shall regularly consult Iron Mountain for the purpose of reviewing the progress of
the Defined Services and Schedule contained in this Agreement, and to provide direction and
guidance to achieve the objectives of this Agreement. The City shall pelmit access to its office
facilities, files and records by Iron Mountain throughout the tel111 of the Agreement.
Additionally, City agrees to provide the information, data, items and materials set forth on
Exhibit A, Paragraph 10 with the understanding that delay in the provision of these materials
beyond thirty (30) days after authorization to proceed shall constitute a basis for the justifiable
delay in Iron Mountain's performance of this Agreement.
B. Compensation.
All billings submitted by Iron Mountain shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and payable is proper,
and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18
(C) to be charged upon making such payment.
3. Administration of Contract.
Each party designates the individuals ("Contract Administrators") indicated on Exhibit A,
Paragraph 12, as that party's contract administrator who is authorized by the party to represent
them in the routine administration ofthis Agreement.
4. Term.
This Agreement shall terminate when the parties have complied with all executory
provisions contained in this Agreement.
5. Financial Interests oflron Mountain.
Iron Mountain is not designated as an FPPC Filer. Nevertheless, Iron Mountain agrees it
shall not make, or participate in making or in any way attempt to use Iron Mountain's position to
influence a governmental decision in which Iron Mountain knows or has reason to know Iron
Mountain has a financial interest other than the compensation promised by this Agreement.
Page 5
6-9
6. Hold Harmless.
Iron Mountain sball defend, indemnify, protect and bold barmless the City, its elected
and appointed officers and employees, from and against all claims for damages, liability, cost
and expense (including without limitation attomeys fees) arising our of or alleged by third
parties to be the result ofthe negligent acts, errors or omissions or the willful misconduct of the
Iron Mountain, and Iron Mountain's employees, subcontractors or other persons, agencies or
firms for whom Iron Mountain is legally responsible in connection with the execution of the
work covered by this Agreement, except only for those claims, damages, liability, costs and
expenses (including without limitations, attorneys fees) arising from the sole negligence or sole
willful misconduct of the City, its officers and employees. Also covered is liability arising trom,
connected with, caused by or claimed to be caused by the active or passive negligent acts or
omissions of the City, its agents, officers, or employees which may be in combination witb the
active or passive negligent acts or omissions of the Iron Mountain, its employees, agents or
officers, or any third party.
Iron Mountain's indemnification shall include any and all costs, expenses, attorneys fees
and liability incun'ed by the City, its oflicers, agents or employees in defending against such
claims, whether the same proceed to judgment or not. Iron Mountain's obligations under this
Section shall not be limited by any prior or subsequent declaration by the Iron Mountain. Iron
Mountain's obligations under this Section shall survive the termination of this Agreement.
The foregoing indemnification shall not affect or limit the limitation on Iron Mountain's
liability in the event ofloss or destruction of, or damage to, Stored Materials as set forth in this
Agreement.
7. Termination of Agreement for Cause.
If, through any cause, Iron Mountain fails to fulfill in a timely and proper manner Iron
Mountain's obligations under this Agreement, or ifJron Mountain violates any oftbe covenants,
agreements or stipulations of this Agreement, City shall have tbe right to terminate this
Agreement by giving written notice to Iron Mountain of such termination and specifying the
effective date of the termination at least five (5) days before the effective date of such
termination. [n that event, all finished or unfinished documents and other materials prepared by
Iron Mountain shall, at the option of the City, become the property of the City, and Iron
Mountain shall be entitled to receive just and equitable compensation for any work satisfactorily
completed on such documents and other materials up to the effective date of Notice of
Termination, not to exceed the amounts payable pursuant to this Agreement, and less any
damages caused City by Iron Mountain's breach.
Page 6
6-10
8. En'ors and Omissions.
In the event that the City Administrator determines that the Iron Mountains' negligence,
errors, or omissions in the performance of work under this Agreement has resulted in expense to
City greater than would have resulted if there were no such negligeoce, en'ors, omissions, Iron
Mountain shall reimburse City for any additional expenses inculTed by the City. Nothing in this
Agreement is intended to limit City's rights under other provisions of this Agreement.
9. Telmination of Agreement for Convenience of City.
City may terminate this Agreement at any time and for any reason, by giving specific
written notice to Iron Mountain of such termination and specifying the effective date of the
termination, at least thirty (30) days before the effective date of such termination. In that event,
all finished and unfinished documents and other materials described in this Agreement shall, at
the option of the City, become City's sole and exclusive property. Ifthe Agreement is terminated
by City as provided in this paragraph, Iron Mountain shall be entitled to receive just and
equitable compensation for any satisfactory work completed on such documents and other
materials to the effective date of such termination. Iron Mountain expressly waives any and all
claims for damages or compensation arising under this Agreement except as set forth in this
Agreement.
10. Assignability.
The services ofIron Mountain are personal to the City, and Iron Mountain shall not
assign any interest in this Agreement, and shall not transfer any interest in this Agreement
(whether by assignment or novation), without prior written consent of City.
11. Independent Contractor.
City is interested only in the results obtained and Iron Mountain shall perfom1 as an
independent contractor with sole control of the manner and means ofperforrning the services
required under this Agreement. City maintains the right only to reject or accept Iron Mountain's
work products. Iron Mountain and any ofthe Iron Mountain's agents, employees or
representatives are, for all purposes under this Agreement, an independent contractor and shall
not be deemed to be an employee of City, and none of them shall be entitled to any benefits to
which City employees are entitled including but not limited to, overtime, retirement benefits,
worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not
withhold state or federal income tax, social security tax or any other payroll tax, and Iron
Mountain shall be solely responsible for the payment of same and shall hold the City harmless
with re gard thereto.
Page 7
6-11
12. Administrative Claims Requirements and Procedures.
No suit or arbitration shall be brought arising out of this Agreement, against the City
unless a claim has first been presented in writing and filed with the City and acted upon by the
City in accordance with the procedures set fOlih in Chapter 1.34 of the Chula Vista Municipal
Code, as it may from time to time be amended, the provisions of which are incorporated by this
reference as if fully set forth in this Agreement, and such policies and procedures used by the
City in the implementation of same.
Upon request by City, Iron Mountain shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
13. Attorney's Fees.
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be
the party who is awarded substantially the relief sought.
14. Statement of Costs.
In the event that Iron Mountain prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Iron Mountain shall
include, or cause the inclusion of, in said report or docllment, a statement of the numbers and
cost in dollar amounts of all contracts 'and subcontracts relating to the preparation of the report or
document.
IS. Miscellaneous.
A. Iron Mountain Not Authorized to Represent City.
Unless specifically authorized in writing by City, Iron Mountain shall have no authority
to act as City's agent to bind City to any contractual agreements whatsoever.
B. Notices.
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall be
deemed to have been properly given or,served if personally served or deposited in the United
States mail, addressed to such party, postage prepaid, registered or certified, with return receipt
requested, at the addresses identified in this Agreement as the places of business for each of the
designated parties.
Page 8
6-12
C. Entire Agreement.
This Agreement, together with any other written document referred to or contemplated in
this Agreement, embody the entire Agreement and understanding between the parties relating to
the subject matter of the Agreement. Neither this Agreement nor anJ' provision of this
Agreement may be amended, modified, waived or discharged except by an instrument in writing
executed by tbe party against which enforcement of such amendment, waiver or discharge is
sought.
D. Capacity of Parties.
Each signatory and party to the Agreement warrants and represents to the other party that
it has legal authority and capacity and direction from its principal to enter into this Agreement,
and that all resolutions or other actions have been taken so as to enable it to enter into this
Agreement.
E. Governing LawNenue.
This Agreement shall be governed by and construed in accordance with the laws of the
State of California. Any action arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State of California, and if applicable,
the City ofChula Vista, or as close thereto as possible. Venue for this Agreement, and
performance under this Agreement, shall be the City ofChula Vista.
Page 9
6-13
SIGNATURE PAGE
TO
AGREEMENT BETWEEN
CITY OF CHULA VISTA
AND
IRON MOUNTAIN INFORMATION MANAGEMENT SYSTEM
FOR
RECORDS STORAGE AND MANAGEMENT SERVICES
IN WITNESS WHEREOF, City and Iron Mountain have executed this Agreement
thereby indicating that they have read and understand this Agreement, and indicate their full and
complete consent to its telms:
Dated:
,200_
City ofChula Vista
By:
Stephen Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
Dated:
,200_
[Name ofIron Mountain]
1 1)
i /
. "(
By: ' /
name of person, title] _ /' I. .
//~IfET I/z;Ct3:--hEJ7:/avT J~/ 7/tJ.6
By:
[name of person, title]
Exhibit List to Agreement
() Exhibit A
Page 10
6-14
EXHIBIT A
TO
AGREEMENT BETWEEN
CITY OF CHULA VISTA
AND
IRON MOUNTAIN INFORMATION MANAGEMENT SYSTEM
1. Effective Date of Agreement:
2. City-Related Entity:
(X) City ofChula Vista, a municipal chartered corporation of the State of California
() Redevelopn1ent Agency of the City ofChula Vista, a political subdivision of the
State of California
( ) Industrial Development Authority of the City of Chula Vista, a
()
Other:
form]
, a [insert business
("City")
3. Place of Business for City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Tel: (619) 691-5041
4. Iron Mountain:
5. Business Forn1 ofIron Mountain:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number ofIron Mountain:
6935 Flanders Drive
San Diego, California 92] 21
V oice Phone (858) 404-1607
Fax Phone (858) 455-7125
Page II
6-15
7. General Duties:
Iron Mountain will provide removal, storage, shredding and retrieval services for City
documents prepared in the normal course of business and retained pursuant to the Public Records
Act (Government Code section 6250, et seq.) and other applicable l$ws.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
Iron Mountain Duties:
(1) Iron Mountain agrees that it will retrieve all Stored Material from City's
current storage provider's facilities at no cost to City. Iron Mountain will replace damaged boxes
of any material retrieved from the City's current provider. City will reimburse Iron Mountain for
the actual costs of replacement boxes at the Rate set forth in Schedule A.
(2) SERVICES TO BE PROVIDED BY IRON MOUNTAIN.
a. Pick-up and Delivery of Stored Material;
b. Provides Barcodes, Pick-up and Delivery service and shelving of
containers;
c. Safe and secure storage for City records at Iron Mountain's
facilities;
L From and after the date of this Agreement for a period
of five years, unless modified or terminated, Iron
Mountain shall store and service City's records
identified on the attached Schedules ("Stored
Material"). City and Iron Mountain may modify or add
to the record materials included in the Schedule of
Stored Materials by written agreement. Such additional
materials shall, unless otherwise indicated in writing,
be deemed to be held under the same terms and
conditions as the Stored Materials.
11. Stored Material and information contained in Stored
Material shall be delivered only to City's Authorized
Representative(s) identified on the signature card. City
represents that the Authorized Representative(s)
has/have full authority to order any service for or
removal of the Stored Material and to deliver and
receive such materials. Such order may be given by fax
or e-mail.
Page 12
6-16
iii. When Stored Materials are ordered out, Iron Mountain
shall be given a reasonable time to carry out the
instructions of the City, and if it is unable to do so (or
to provide other services contemplated by this
Agreement) because of acts of God or public enemy,
seizure or legal process, natural disasters, strikes,
lockouts, riots and civil commotions, or other reasons
beyond Iron Mountain's control or because of loss or
destruction of goods for which Iron Mountain is not
liable, or because of any other excuse provided by law,
Iron Mountain shall not be liable for failure to CatTY out
such instructions or services.
IV. Authorized representatives of City shall have the right,
at reasonable times and upon reasonable notice, to
examine the media andlor records and compilations of
Iron Mountain, which pertain to the performance of the
provisions of the Agreement.
v. Iron Mountain agrees it will replace or restore damaged
cartons at no cost.
d. Retrieval of records upon the City's request with retrieval delivery
to City's offices next business day;
e. Upon request, expedited retrieval delivery to the designated City
office. A Rush Service Fee will be charged for this service. See
Schedule A.
I. City will provide Iron Mountain with written requests
for Rush orders by fax or emai!. The written
notification will indicate the date and time of the Rush
request. IfIron Mountain fails to deliver the Stored
Material in the time frame set forth in Schedule A, any
applicable Rush fees will be waived.
f. Additional bar codes for future containers and a printout of
containers in storage upon request;
g. Upon advance notice, an onsite viewing room at Iron Mountain's
facility where access to copiers and fax will be provided; and,
h. Certified confidential destruction services, upon receiving written
authorization from City.
Page 13
6-17
1. In the event that Stored Materials are inadvertently removed li.om
boxes, either due to damage to the boxes or spillage and/or mixed
with materials belonging to another Agency or business, Iron
Mountain will notify City and the other party so that the City may
be present when Stored Materials are reviewed and repacked to
prevent disclosure of any confidential infomlation to third parties.
(3) DESTRUCTION OF RECORDS.
Iron Mountain may destroy Stored Material upon written instruction from the
City or its Authorized Representative. Destruction of Stored Materials shall be at the City's cost
and expense. The City releases Iron Mountain fi.om any and all liability by reason of the
destruction of such Stored Material pursuant to such authority.
Iron Mountain understands and agrees that Stored Materials are public records
pursuant to the California Public Records Act. As such, the Stored Materials may be required to
be produced pursuant to a public records request or a civil or criminal subpoena. Should Stored
Material be lost or destroyed due to the conduct or actions of Iron Mountain, whether purposeful,
negligent or willful, Iron Mountain agrees to:
a. Reimburse City for any costs related to recreating, to the extent
possible, the records. Such costs include, but are not limited to,
reconstruction or reproducing lost or destroyed records.
b. Provide a declaration, signed under penalty of perjury, indicating
that the loss of subpoenaed records occurred while the Stored
Material was in the custody and control oflron Mountain.
c. Be available to testify as to the authenticity and accuracy of the
declaration prepared pursuant to section 3, if required by a court of
competent jurisdiction.
Limitation of Liability (Shredding Services). Iron Mountain shall be responsible
or liable for the release or loss of any materials deposited in bins or otherwise delivered to it for
shredding if the release or loss is due to Iron Mountain's negligence or willful misconduct.
Destruction of Deposits. City releases Iron Mountain from all liability that may
arise by reason of the destruction of Stored Materials when the destruction is performed pursuant
to the City's written direction. Except for those Deposits that City specifically identifies in
writing as not containing consumer information (as defined in 16 CFR g 682.1) or personal data,
all other Stored Material will be destroyed by shredding, except for media that may be destroyed
by pulverizing or incineration. Each such destruction shall be at the rates set forth in Schedule A.
Page 14
6-18
(4) RESTRICTIONS ON STORED MATERIAL; CUSTOMER PREMISES.
City shall not store with Iron Mountain nor deliver to Iron Mountain for secure
shredding any material that is highly flammable, explosive, toxic, radioactive, medical waste,
organic material which may attract vermin or insects, or otherwise dangerous or unsafe to store
or handle, or any material which is regulated under any federal or state law or regulation relating
to the environment or hazardous materials. City shall not store negotiable instruments, jewelry,
check stock or other items that have intrinsic value. All City's premises where Iron Mountain's
employees perfolll services or make deliveries hereunder shall be free of hazardous substances
and any other hazardous or dangerous conditions.
(5) SIGNATURE CARD.
Iron Mountain shall provide City with a signature card to be signed by all persons
authorized to access City's records. Only those persons named on the signature card will be
authorized to access City's records. It is City's sole responsibility to have the signature card
signed by all authorized persons and returned to Iron Mountain. It is City's sole responsibility to
notify Iron Mountain, in writing, of any changes to the list of persons authorized to access City's
records.
(6) GOVERNMENTAL ORDERS.
Iron Mountain is authorized to comply with any subpoena or similar order related
to the Stored Materials provided that Iron Mountain notifies City promptly upon receipt of any
subpoena or order, unless such notice is prohibited by law. City shall pay Iron Mountain's
applicable charges set forth in a Schedule(s) for such compliance. Iron Mountain will cooperate
with City's efforts to quash or limit any subpoena, at City's expense.
B. Date for Commencement ofIron Mountain Services:
(X) Same as Effective Date of Agreement
( ) Other:
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
10. Materials Required to be Supplied by City to Iron Mountain:
None. Boxes are to be stored as required.
Page 15
6-19
11. Compensation:
A. (X) Hourly Rate Arrangement:
For performance of the Defined Services by Iron Mountain required by this Agreement,
City shall pay Iron Mountain for the productive hours of time spent by Iron Mountain in the
performance of the Defined Services, at the rates or amounts set forth in the Rate Schedule
attached as Exhibit B. Prices shall be firm for five years from the effective date ofthe
Agreement. Subsequent price increases shall be by mutual consent of the parties.
12. Bi II Processing:
A. Iron Mountain's Billing to be submitted for the following period of time:
(X) Monthly
( ) Quarter! y
( ) Other:
B. Day of the Period for submission ofIron Mountain's Billing:
(X) First ofthe Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Number:
13. Contract Administrators:
City: Susan Bigelow, City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 9I9lO
Tel: (619) 691-5041
Iron Mountain: Don Sonck
Iron Mountain Information Management, Inc.
6935 Flanders Drive
San Diego, CA 92121
Tel: (858) 404-1600
Exhibit A
Page 16
6-20
Schedule A for Secure Shredding
This Schedule A is made part of the Customer Agreement ("Agreement") Iron Mountain Inforn1ation
Management, Inc. (Tron Mountain) and City ofChula Vista (City).
Effective Date
Customer Name
Customer Number
City of Chula Vista
SZ616
SECURE SHREDDING
Secure Shredding Initial Setup
The initial delivery and placement of secure shredding containers at a
Customer's site.
Description
Initial Setup - No Charge
Price Per
On-Site Shredding
Pricing is based on a per container per transaction service,
All confidential material is picked up from your location in locked
containers and shredded in OLlr mobile secure shredding unit.
Shredding Schedule
Every 4 weeks
Description
Qty
Price
Per
Security Consoles
Unscheduled Transportation Visits
12
$21.16
$25.00
console
additional service fee
per unscheduled
transportation visit
shredding service
Shredding Service Minimum
$75.00
Off-Site Shredding
Pricing is based on a per container per transaction service.
All confidential material is picked up from your location in locked
containers and transported in secure trucks to our shredding plant.
Shredding Schedule
Every 4 weeks
Page 17
6-21
Description
Qty
Price Per
Security Consoles
Unscheduled TranspOl1ation Visits
12
$2\.16
Shredding Service Minimum
$25.00 additional service fee
per unscheduled
transportation visit
$75.00 shredding service
Secure Shredding Miscellaneous Services
Description
Labor
Shredding Service Minimum
Price
Per
$45.00
$75.00
hour
shredding service
Transportation visits include one Iron Mountain employee. Additional
employees are charged per labor hour.
Services during normal business hours, Monday through Friday 8:00 AM
to 5:00 PM, excluding holidays.
Unless specified in this Agreement, shredding pricing is for paper
shredding services only. Shredding of other media types will be quoted
on a per project basls.
Schedule A for Records Management Services
This Schedule A is made part of this Agreement ("Agreement") between Iron Mountain Information
Management, Inc. ("Iron Mountain") and City ofChula Vista ("Cily"). .
Effective Date
District Name/Number
Customer Name
Customer Number
STORAGE
San Diego
City of Chula Vista.
S2616
Secure space for the storage of deposits.
Description
Carton Storage
Price Per
$0.137 cubic foot
Storage Minimum
$75.00 month
Storage charges will be billed monthly in advance.
Page 18
6-22
MANAGEMENT SERVICES
Services during normal business hours, Monday through Friday 8:00 AM
to 5:00 PM, excluding holidays.
New deposits (receiving and entry) - The receipt of additional
Customer deposits resulting in an increase to the City storage balance,
Description
Carton
Price Pel"
$ LOO cubic foot
Retrievals/RefiJes - The temporary retdeval of deposits from, or return
to, storage (Rush applies to retrievals only).
Description Price Per
Standard Carton $2.66 cubic foot
Standard File from Carton $3.89 file
Rush Carton $4.32 cubic foot
Rush File from Carton $5.98 tile
Destruction - The preparation. documentation. and physical destruction
of deposits that are stored at Iron Mountain.
Description
Destruction by Shredding
Destruction by Recycling
Price
Per
$3.11
$3.11
cubic foot pILlS retlieval
cubic foot plus retrieval
Permanent Withdrawal - The preparation, documentation. and
permanent withdrawal of deposits that are stored at Iron Mountain.
Description
Permanent Withdrawal
Price Per
$4.39 cubic foot pillS retrieval
Waive fee ifCity stays with Iron Mountain for three years or more.
Individual List - Data entry of file descriptions.
Description
Individual List
Price Per
$.30 file
Miscellaneous Services
Description
Service Minimum
Price Per
$5.00 hour
All other services, not specifically listed, will be charged at Iron
Mountain's then current rates.
Page 19
6-23
TRANSPORTATION
Delivery
Next Day
$10.20 per transportation visit. $1.27 per [cubic foot].
Call by 3:00 PM for delivery next day by 5:00 PM
Half Day
$20AOper transportation visit, $1.27 per [cubic foot]
Call by 10:00 AM for delivery same day by 5:00 PM. Call by
3:00 PM for delivery next day by 12:00 PM.
Emergellty Visit (Rush)
$40.80 per transpOliation visit. $] .27per [cubic foot]
Delivery within 3 hours of request.
After Hours/WeekeJlds/Holidays
$81.60pertransportation visit, 1.27 per [cubic foot]
DelivelY within 4 hours of request.
Pickup
Pickup/Oil Demalld
$10.20 per transportation visit, $1.27per [cubic foot]
On Demand Pickup must be scheduled within 48 hours of
request.
COMPUTER AND REpORTING CHARGES
Included in the City's storage rate are the Monthly Supplemental Reports.
All other reports (including special sorting and special file listings) are
subject to the computer listing charge and/or initial setup, reporting, or
download fees, quoted by job scope.
Page 20
6-24
INITIAL TRANSFER/RECEIVING AND ENTRY
(ONE TIME CHARGE)
Initial Transfer/Receiving and Entry--":The pickup, transport and
receipt of City deposits establishing the initial storage balance. Initial
transfer/receiving and entry costs apply to the estimated initial volume
indicated below, transferred within (3) months of program
implementation.
Description
Cartoll Transfer. No Charge
Initial
VoJume Price Per
1-8000 boxes
cubic foot
Individual List-Initial data entry of file descriptions:
Description
Individual List
Initial
Volume Price Per
$.30 tile
Labor-Initial labor to replace damaged cartons or tiles.
Description
Labor
Initial
V olume Price Per
$45.00 hotlr
Supplies/Cartons-Initial new supplies
Description
Initial
Volume Price Per
#2000 Letter/Legal
$2.10 each
Schedule A for Records Management Services
This Schedule A is made part of the Customer Agreement ("Agreement") between Iron Mountain
Information Management, Inc. ("lron Mountain") and City of Chula Vista ("City").
Effective Date
District Name/Number
Customer Name
Customer Number
San Diego
City of Chula Vista.
SV334
Page 21
6-25
VAULT STORAGE
Climate Control Secure space for the stor.ge of vital deposits.
DescriptiulI
Carton Storage
Price Per
$1.00 cubidoot
Storage Minimum
$85.00 month
Storage charges will be billed monthly in advance.
MANAGEMENT SERVICES
Services during nOlmal business hours, Monday through Friday 8:00 AM
to 5:00 PM, excluding holidays.
New deposits (receiving and entry) - The receipt of additional City
deposits resulting in an increase to the City storage balance.
Description
Carton
Price Per
$t.OO cubic foot
RetrievalslRefiles - The temporary retrieval of deposits from, or return
to, storage (Rush applies to retrievals only).
Description Price Per
Standard Carton $2.66 cubic fOOl
Standard File from Carton $3.89 file
Rush Carton $4.32 cubic foot
Rush File from Carton $5.98 file
Destruction - The preparation, documentation, and physical destruction
of deposits that are stored at Iron Mountain.
Description
Destruction by Shredding
Destruction by Recycling
Price
Per
$3.11
$3.11
cubic foot plus retrieval
cubic foot plus retlieval
Permanent Withdrawal - The preparation, documentation, and
permanent withdrawal of deposits that are stored at Iron Mountain.
Description
Permanent Withdrawal
Price Per
$4.39 cubic foot plus retrieval
Page 22
6-26
Individual List - Data entry of file descriptions.
Description
individual List
Price Per
$.30 file
Miscellaneous Services
Description
Labar
Price Per
Service Minimum
$45.00 hOllr
$5.00 hOllr
All ather services, not specifically listed, will be charged at Iron
Mountain's then current rates.
TRANSPORTATION
Delivery
Next Day
$10.20 per transportation visit, $1.27 per [cllbic foot].
Call by 3:00 PM for delivery next day by 5:00 PM
Half Day
$20AOper transportation visit, $1.27 per [cllbic foot]
Call by 10:00 AM for delivery same day by 5:00 PM. Call by
3:00 PM for delivery next day by 12:00 PM.
Emergency Visit (Rush)
$40.80 pertransp0l1ation visit, $1.27per [cllbic foot]
Delivery within 3 hOllrs of request.
After HourslWeekendsIHolidays
$81.60per transportation visit, 1.27 per [cubic foot]
Delivery within 4 hours of request.
Pickup
Pickup/On Demand
$10.20 per transportation visit, $1.27per [cubic foot]
On Demand Pickup must be scheduled within 48 hours of
request.
COMPUTER AND REpORTING CHARGES
Included in the City's storage rate are the Monthly Supplemental Reports.
All other reports (including special sorting and special file listings) are
subject to the computer listing charge and/or initial setup, reporting, or
download fees, quoted by job scope.
Page 23
6-27
INITIAL TRANSFER/RECEIVING AND ENTRY
(ONE TIME CHARGE)
Initial Transfer/Receiving and Entry~The pickup, transport and
receipt ofCLlstomer deposits establishing the initial storage balance.
Initial transfer/receiving and entry costs apply to the estimated initial
volume indicated below, transferred within (3) months of program
implementation.
Description
Carton Transfer - No Charge
Initial
Volume
Price Per
1-8000 boxes
cubic foot
Individual List-Initial data entry of file descriptions:
Description
Individual List
Initial
Volume
Price Per
$.30 file
Labor-Initial labor to prepare cartons or files for transfer to storage.
Supplies/Cartons-Initial new supplies
Description
Initial
Volume
Price Per
#2000 Letter/Legal
$2.10 each
Page 24
6-28
COUNCIL AGENDA STATEMENT
Item -1
Meeting Date: 11/21/06
ITEM TITLE:
Resolution authorizing ,the Mayor and City Clerk to
execute an Easement Deed over a portion of City-owned land to the San
Diego Gas and Electric Company for Utility and Access Purposes as
necessary to provide Electrical and/or Gas service to the Bonita Branch of
the San Diego County Library and the Bonita Museum.
SUBMITTED BY: Acting Director ofEngineering~
/("
REVIEWED BY: Interim City Manager J I
(4/5ths Vote:_No ~
The Council is requested to adopt a Resolution authorizing the granting of an easement over a
portion of City-owned land to San Diego Gas and Electric Company (SDG&E) for Utility and
Access Purposes as necessary to provide Electrical and/or Gas service to the Bonita Branch of
the San Diego County Library and the Bonita Museum.
RECOMMENDATION: That the Council:
1. Adopt a Resolution authorizing the Mayor and City Clerk to execute the Easement Deed
granting the easement over City-owned land to SDG&E.
BOARDS/COMMISSION: N/A
DISCUSSION:
The City of Chula Vista is a party to a "Lease Agreement" with the County of San Diego dated
December 10, 2003. Pursuant to that Agreement, the County of San Diego committed to develop
a Public Branch Library and MuseumlPublic Safety Center.
The construction of this project necessitated the relocation of an SDG&E utility cabinet. The
only suitable location for this cabinet is on a City-owned property. This work has been
completed with staffs consent to facilitate the completion of the facilities. The City has now
received a formal request from SDG&E to dedicate the required easement. A copy of the
proposed Easement Deed to SDG&E is attached hereto. Because this site is under a long-term
lease to the County of San Diego, they will be required to consent to this easement and
subordinate their interest to this easement and they have agreed to do so.
Staff has reviewed the request and determined that the proposed easement use is consistent with
the uses dedicated as permissible for this land. Additionally, due to the location and limited
alternative uses for this area, the value of the easement is nominal. Staff therefore recommends
that the Easement be donated to SDG&E.
7-1
Page 2, Item '7r
Meeting Date 11/21/06
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 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 enviror;mental review is necessary.
DECISION MAKER CONFLICTS: Staff has 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 subj ect of this action.
FISCAL IMPACT: There is no fiscal Impact to the General Fund. All installation and
maintenance costs will be borne by SDG & E.
Attachment - Easement Deed
7-2
RESOLUTION NO. 2006-
RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE AN EASEMENT DEED OVER A PORTION OF
CITY-OWNED LAND TO THE SAN DIEGO GAS AND ELECTRIC
COMPANY FOR UTILITY AND ACCESS PURPOSES AS
NECESSARY TO PROVIDE ELECTRICAL AND/OR GAS
SERVICE TO THE BONITA BRANCH OF THE SAN DIEGO
COUNTY LIBRARY AND THE BONITA MUSEUM.
WHEREAS, the City of Chula Vista ("City") is the fee owner of that certain real
property situated in the City of Chula Vista, County of San Diego, State of California,
identified as San Diego County Assessors Parcel No. 593-240-24 ("City Property"); and
WHEREAS, the City and the County of San Diego ("County") are parties to a
Lease Agreement dated December 10,2003, pursuant to which the County committed to
develop a Public Branch Library and Museum/Public Safety Center ("Project"); and
WHEREAS, the construction of the Project necessitated the relocation of a San
Diego Gas and Electric Company ("SDG&E") utility cabinet onto the City Property; and,
WHEREAS, the proposed easement use is consistent with the permissible uses for
the City Property; and
WHEREAS, staff recommends that the City grant this easement without
compensation because the value of the easement is nominal; 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 I 5378(b)(5) of the
State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA
Guidelines the activity is not subject to CEQA. Thus, no environmental review is
necessary.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City Of
Chula Vista that it authorizes the Mayor and City Clerk to execute a deed granting an
easement over a portion of City-owned land to San Diego Gas & Electric Company for
electrical and/or gas service to the Bonita Branch of the San Diego County Library and
the Bonita Museum.
Presented by
Approved as to form by
Leah Browder
Acting Director of Engineering
'-/11-", . Ii "L<--?~:n:
Ann Moore
City Attorney
7-3
Recording Requested by
San Diego Gas & Electric Company
ATTACHMENT
When recorded, mail to:
San Diego Gas & Electric Company
8335 Century Park Conrt, Suite 100
San Diego, CA 92123-1569
Attn: Real Estate Records - CPIID
SPACE ABOVE FOR RECORDER'S USE
Project No.:
Const. No.:
A.P.N.:
433848-010
2815120
593-240-24
Transfer Tax None
SAN DIEGO GAS & ELECTRIC COMPANY
EASEMENT
CITY OF CHULA VISTA, A MUNICIPAL CORPORATION, hereinafter called
"Grantor", grants to SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, "Grantee", an
easement and right of way to erect, construct, change the size of, improve, reconstruct, relocate,
repair, maintain and use facilities consisting of: (1) Underground electric facilities, and
appurtenances for the transmission and distribution of electricity, (2) Underground
communication facilities, and appurtenances, (3) Pipelines and appurtenances for any and all
purposes, together with the right of ingress thereto and egress therefrom over said easement and
over other practical routes across Grantor's land situated in the County of San Diego, State of
California described as follows:
That portion of Quarter Section 58 of Rancho De La Nacion, according to Map thereof
No. 166, filed in the Office of the County Recorder of said County of San Diego, described in a
Deed recorded February 2, 1966 at Recorder's File/Page No. 18780 of Official Records of said
County of San Diego.
The easement in the aforesaid land shall be more particularly described in the Exhibit
"A", consisting of 3 sheets, shown and delineated on the Exhibit "B", consisting of 2 sheets, all
attached hereto and made a part hereof.
In order to provide adequate working space for Grantee, Grantor shall not erect, place or
construct, nor permit to be erected, placed or constructed any building or other structure, park any
vehicle, deposit any materials, plant any trees and/or shrubs within eight (8) feet of the front of the door
or hinged opening of any above ground facility installed within this easement.
Grantor grants to Grantee the right to erect and maintain on Grantor's property immediately
adjacent to this easement retaining walls and/or protective barricades as may be necessary for Grantee's
purposes.
I
7-4
Grantor will exercise only such reserved rights in said land as will not interfere with or
prohibit the free and complete use and enjoyment by Grantee, its successor or assigns, of the
rights hereby granted. Grantee shall have the right to assign any or all rights granted in this
easement in whole or in part to other companies providing utility or communication services.
Grantee shall have the right to top, cut, remove, or trim interfering plants and trees, and to keep
said easement free from and to prevent any person, including Grantor and successors and assigns,
from erecting, placing, or storing on said easement any flammable or other hazards and any
structures, objects, or earth fills/cuts or other obstructions.
The legal description for this easement was prepared by San Diego Gas & Electric
Company pursuant to Section 8730 of the Business and Professions Code, State of California.
Dated
CITY OF CHULA VISTA, A
MUNICIP AL CORPORATION
BY:
NAME:
TITLE:
BY:
NAME:
TITLE:
The County of San Diego in a Lease Agreement dated December 10, 2003 with The City of
Chula Vista to develop a portion of the above described property, hereby consents and
subordinates its interest in and to this easement.
COUNTY OF SAN DIEGO
A POLITICAL SUBDIVISION
BY:
NAME:
TITLE:
Prepared by: C. Echeverria
Checked:
Date 11107/06
2
7-5
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO SS.
On , before me
(name, title of officer), appeared
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 hislher/their authorized capacity(ies), and that by hislher/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.
Signature
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO SS.
On , before me
(name, title of officer), appeared
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 hislher/their authorized capacity(ies), and that by hislher/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.
Signature
3
7-6
EXHIBIT A
LEGAL DESCRIPTION
FOR GAS SERVICE EASEMENT
A 6.00 FOOT WIDE EASEMENT DESCRIBED AS FOLLOWS:
THAT PORTION OF QUARTER SECTION 58 OF RANCHO DE LA NACION. IN
THE CITY OF CHULA VISTA. COUNTY OF SAN DIEGO. STATE OF
CALIFORNIA. ACCORDING TO MAP THEREOF NO. 166. FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. MAY 11. 1869. MORE
PARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF PARCEL 2 OF PARCEL MAP
NO. 958. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY. AUGUST 30. 1972 AS FILE NO. 231593; THENCE ALONG THE
EASTERLY LINE OF SAID PARCEL 2. SOUTH 09022'30" WEST. 290.04 FEET TO
THE SOUTHEASTERLY CORNER OF SAID PARCEL 2. ALSO BEING A POINT
ON THE NORTHERLY RIGHT-OF-WAY OF THE 50.00 FOOT HALF WIDTH OF
BONITA ROAD ACCORDING TO THE STREET VACATION BY THE CITY OF
CHULA VISTA RESOLUTION 6514. DATED JULY 18, 1972 AND FILED IN THE
OFFICE OF SAID COUNTY RECORDER AUGUST 14, 1972 AS FILE NO. 213693;
THENCE ALONG SAID BONITA ROAD RIGHT-OF-WAY SOUTH 80039'08" EAST.
117.56 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 01057'25"
EAST. 17.85 FEET; THENCE NORTH 88028'36" WEST, 43.97 FEET; THENCE
NORTH 01031'33" EAST. 19.83 FEET; THENCE SOUTH 88028'27" EAST, 6.00
FEET: THENCE SOUTH 01031 '33" WEST, 13.83 FEET: THENCE SOUTH 88028'36"
EAST. 38.02 FEET; THENCE NORTH 01057'25" EAST, 157.05 FEET; THENCE
NORTH 85045'12" EAST. 111.08 FEET; THENCE NORTH 10031'42" WEST, 53.09
FEET; THENCE NORTH 79028'18" EAST, 6.00 FEET; THENCE SOUTH 10031'42"
EAST. 59.79 FEET; THENCE SOUTH 85045'12" WEST. 112.40 FEET; THENCE
SOUTH 01057'25" WEST. 176.30 FEET TO A POINT ON SAID NORTHERLY
RIGHT-OF-WAY OF BONITA ROAD; THENCE ALONG SAID NORTHERLY
RIGHT-OF-WA Y NORTH 80039'08" WEST, 6.05 FEET TO THE TRUE POINT OF
BEGINNING.
7-7
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ROAD
GAS EASEMENT
r l DELTA/BRG RAD IUS LENGTH [J DEL T A7BRG RADIUS LENGTH
1 NOl 57 25 E -- 17.85 8 N85 45 12 E -- 111.08
2 N88-'-28'36"W - 43.97 9 Nl0 31 42 W 53.09
3 NOl 31 33 E -- 19.83 10 N79 28 18 E -- 6.00
4 588-'-28 27 E 6.00 11 510 31 42 E 59.79
5 501 31 33 W -- 13.83 12 585 45"' 12 W 112.40
6 S88.28 36 E -- 38.02' 13 SOl 57 25 W 176.30
7 NOl 57 25 E -- 157.05 14 N80 39 08 W -- 6.05
BONITA UBRAAY EASEMENT
FOR GAS SERVICE
7-8
EXHIBIT B
EXHIBIT A
LEGAL DESCRIPTION
FOR ELECTRIC SERVICE EASEMENT
A 10.00 FOOT WIDE EASEMENT DESCRIBED AS FOLLOWS:
THAT PORTION OF QUARTER SECTION 58 OF RANCHO DE LA NACION, IN
THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO. STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY I L 1869, MORE
PARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF PARCEL 2 OF PARCEL MAP
NO. 958, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, AUGUST 30, 1972 AS FILE NO. 231593; THENCE NORTH 75003'14"
EAST, 306.55 FEET; THENCE SOUTH 14009'00" EAST, 348.18 FEET TO THE
TRUE POINT OF BEGINNING; THENCE SOUTH 78006'51" WEST, 104.79 FEET
TO THE BEGINNING OF A TANGENT 95.00 FOOT RADIUS CURVE, CONCAVE
NORTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 39047'55" AN ARC DISTANCE OF 65.99 FEET; THENCE
TANGENT TO SAID CURVE NORTH 62005'14" WEST, 65.34 FEET; THENCE
NORTH 01031'24" EAST, 5.64 FEET; THENCE NORTH 88028'36" WEST, 15.00
FEET; THENCE SOUTH 01031'24" WEST, 15.00 FEET; THENCE SOUTH 88028'36"
EAST, 11.37 FEET; THENCE SOUTH 62005'14" EAST, 44.50 FEET TO THE
BEGINNING OF A TANGENT 44.21 FOOT RADIUS CURVE, CONCAVE
SOUTHWESTERL Y; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 65044'42" AN ARC DISTANCE OF 50.73 FEET; THENCE
RADIAL TO SAID CURVE SOUTH 86020'32" EAST, 10.00 FEET TO THE
BEGINNING OF A NON-TANGENT 54.21 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERL Y, A RADIAL TO SAID POINT BEARS SOUTH 86020'32" EAST;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 31023'16" AN ARC DISTANCE OF 29.70 FEET TO A POINT OF CUSP WITH A
105.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL TO SAID
POINT BEARS SOUTH 22005'21" WEST; THENCE EASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 33058'30" AN ARC DISTANCE OF
62.26 FEET; THENCE TANGENT TO SAID CURVE NORTH 78006'51" EAST.
104.65 FEET; THENCE NORTH 79043'02" EAST, 107.21 FEET TO THE
BEGINNING OF A TANGENT 505.00 FOOT RADIUS CURVE CONCAVE
NORTHERL Y; THENCE EASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 14025'31" AN ARC DISTANCE OF 127.14 FEET; THENCE
NORTH 650]7'31" EAST. 110.26 FEET; THENCE SOUTH 79050'14" EAST, 35.81
FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF THE 50.00 FOOT
HALF WIDTH OF BONITA ROAD ACCORDING TO THE STREET
VACATION BY THE CITY OF CHULA VISTA RESOLUTION 6514 DATED
JUL Y 18, 1972 AND FILED IN THE OFFICE OF SAID COUNTY RECORDER
7-9
AUGUST 14. 1972 AS FILE NO. 213693; THENCE NORTH 64016'24" EAST
ALONG SAID NORTHERLY RIGHT-OF-WAY LINE OF BONITA ROAD 17.06
FEET: THENCE NORTH 79050'14" WEST. 52.77 FEET; THENCE SOUTH 65017'31"
WEST. 113.40 FEET TO THE BEGINNING OF A TANGENT 495.00 FOOT RADIUS
CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 14025'31" AN ARC DISTANCE OF 124.63
FEEL THENCE SOUTH 79043'02" WEST. 107.35 FEET 1.'0 THE TRUE POINT OF
BEGINNING.
7-10
N.E. CORNER
PCL. 2 PM 958
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N80'39'08"~
ELECTRICAL EASEMENT
r l DELTA/BRG RAD IUS LENGTH r I DELTA/BRG RAD IUS LENGTH
1 578 06 51 W 104.79 13 N78 06 51 E 104.65
2 tJ.= 39 47 55 95.00 65.99 14 N79 43 02 E 107.21
3 N62 05 14 W 65.34 15 tr= 14 25 31 505.00 127.14
4 NOl 31 24 E 5.64 16 N65" 17 31 E 110.26
5 N88 28 36 W 15.00 17 579 50 14 E 35.81
6 501 31 24 W 15.00 18 N64 16 24 E 17.06'
7 588 28 36"E 11.37' 19 N79 50 14"W 52.77
B 562 05 14 E 44.50 20 565 17 31 W 113.40
9 tJ.~ 65 44 42 44.21 50.73' 21 tr= 14 25 31 495,00 124.63
10 586 20 32 E 10.00 22 579 43 02 W 107.35
11 l>.~ 31 23'16 54.21 29.70'
12 tr= 33 58 30 105.00 62.26
BONITA UBRARY EASEMENT
FOR ELECTIUCAL SERVICE
7-11
EXHIBIT B
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 11/21/06
ITEM TITLE:
Resolution Accepting Bids and Awarding a Contract for
Construction of HES Traffic Signal Improvements at Fourth Avenue and
K Street (TF-34I) to Lekos Electric, Inc. and appropriating funds therefor
Acting Director of Eng7n~
Interim City Manager JI (4/5th Vote: Yes X No _)
At 2:00 p.m. on October 4, 2006, the Engineering Department received two (2) sealed bids for
the "HES Traffic Signal Improvements at Fourth Avenue and K Street" Project (TF-341). Lekos
Electric, Inc. submitted the low bid of$232,702 to complete said project.
SUBMITTED BY:
REVIEWED BY:
RECOMMENDATION: That the City Council adopt the Resolution accepting bids and
awarding a Contract for Construction ofHES Traffic Signal Improvements at Fourth Avenue and
K Street (TF-341) to Lekos Electric, Inc. and appropriating $25,000 to TF-34l from the available
balance of the Traffic Signal Fund.
BOARDS AND COMMISSIONS: N/A
DISCUSSION:
On September 8, 2005, the City was granted $238,500 in CalTrans Hazard Elimination Safety
(HES) funds, which were accepted by City Council under Council Resolution 2006-025 on
January 24,2006. The grant is to be applied towards improvements at the intersection of Fourth
Avenue and K Street. The intersection of Fourth Avenue and K Street was selected for
submission to CalTrans for HES funding primarily due to its proximity to a school and the
volume of pedestrians using the intersection. This project is intended to improve traffic and
pedestrian safety at the subject intersection by providing protected left-turn phasing, ADA
compliant pedestrian pushbuttons and LED countdown indications for all approaches to the
intersection, two new pedestrian ramps, and sidewalk/cross gutter reconstruction along the east
side of the subject intersection. Additional signal improvements include the installation of new
traffic signal standards, LED vehicle indications, video detection systems, internally illuminated
street name signs, a battery backup system, and new conduit and wiring to bring the traffic signal
up to current City standards.
Bidding Process
Traffic Engineering and Design Engineering recently prepared plans and specifications for this
project. Construction cost estimate of$220,000 has been developed using the average unit prices
from recently received contractor bids on similar types of projects.
8-1
Page 2, Item ~
Meeting Date 11/21/06
On October 4, 2006, staff received bids from the following contractors:
No. Contractor Bid Amount
1. Lekos Electric, Inc. - El Cajon, CA $232,702
2. HMS Construction, Inc. - San Marcos, CA $253,360
The low bid, submitted by Lekos Electric, Inc., is above the final Engineer's Estimate of
$210,000 by $22,702 (approximately 11%). The higher than estimated bid submittals are
predominantly due to an increase in the cost for materials to complete the conduit installation
and associated pavement work. Lekos Electric has completed recent projects in the city with
favorable performances.
Disclosure Statement
Attached is a copy of the Contractor's Disclosure Statement.
Construction Schedule
With the adoption of this Resolution, staff anticipates execution of the construction contract by
November 28,2006, and construction to begin December 18,2006. A 60-working-day period is
given to the Contractor to complete the construction for the project. Barring any setbacks related
to traffic signal equipment availability and weather, construction of this project should be
completed by February 21,2007.
ENVIRONMENTAL REVIEW: The Environmental Review Coordinator has reviewed the
proposed project for compliance with the California Environmental Quality Act (CEQA) and has
determined the project qualifies for a Class 1 categorical exemption pursuant to Section 15301
(d) of the State CEQA Guidelines. Thus, no further environmental review is necessary.
DECISION MAKER CONFLICTS: Staff has reviewed the property holdings of the City
Council and has found no property holdings within 500 feet of the boundaries of the property
that is the subject of this action.
FISCAL IMPACT: Upon receiving approval of the HES grant application from CalTrans, the
City created a Capital Improvement Project account to fund the design and initial installation
costs. This funding was encumbered from the Traffic Signal Fund and totaled $288,500. After
completion of the project, CaITrans will reimburse the City with the grant funds up to $238,500
that will be deposited in the Traffic Signal Fund. This reimbursement would have resulted in a
net City contribution of $50,000.
In order to complete the project an additional appropriation from the Traffic Signal Fund is
required. As previously mentioned, the bids received on the project were higher than
8-2
Page 3, Item ~
Meeting Date 11/21/06
anticipated. 1n addition, the design and survey work required to complete the overall design of
project was more labor intensive than projected due to site specific constraints and challenges.
As a result, an additional appropriation of $25,000 in Traffic Signal funds into ClP Account TF-
341 is required, bringing the total City contribution to the project to $75,000.
The following table summarizes the project costs and funding sources:
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount (Lekos Electric, Inc.) $232,702
B. Contingencies (approx. 10% of Contract Amount) $22,798
C. Staff Costs - Desilffi, Insnection, Contract Administration $58,000
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $313,500
FUNDS AVAILABLE FOR CONSTRUCTION
A. Previously Appropriated Traffic Signal Funds $288,500
B. Additional Traffic Signal Fund Apvropriation $25.000
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $313,500
GRANT FUNDS AVAILABLE UPON COMPLETION
A. HES Grant Program Reimbursement $238,500
NET CITY CONTRIBUTION (TRAFFIC SIGNAL FUNDS) $75,000
There is no impact to the General fund as a result of this project. As an existing traffic signal,
operational and maintenance costs have already been accounted for. The improvements made as
a result of this project will not significantly alter these ongoing costs.
Attachments:
1 - The City ofChu1a Vista Disclosure Statement (Lekos Electric, Inc.)
2 - Capital Improvements Program Detail (TF-341)
3 - Resolutions No. 2005-116, 358, and 2006-025
jo\Engineer\AGENDA\CAS2006\11-21-06\CAS TF341 (4TH & K).doc
8-3
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ATTACHMENT
I
CITY OF CHVLA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action
by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of
certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista
election must be filed. The following information must be disclosed:
1.
List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
N Dr,HZ
2.
If any person" identified pursuant to (1) above is a corporation or partnership, list the names of aU
individuals with a $2000 investment in the business (corporation/partnership) entity.
NONG:
3. If any person" identified pursuant to (I) above is a non-profit organization or trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of the trust.
NDfJ(
4. Please identify every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
I~K~5A ~ Llk..u5;
5. Has any person" associated with this contract had any fmancial dealings with an official"" of the
City.ofChula Vista as it relates to this contract within the past 12 months? Yes_ No~
No
~o4
\\Cirywide2000\home\EngineerlTR.AFFIC\ACAD Dwgs\ST ANDARD DWGS (ACAD)\CIP PROJECTS\TF341\TF3411STEAspccsrevl .doc
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If Yes, briefly describe the nature of the financial interest the official ** may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? No )( Yes _ If yes, which Council member?
NO
7. Have you provided more than $340 (or an item of equivalent value) to an official** of the City
of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to
retire a legal debt, gift, loan, etc.) Yes _ No ~
If Yes, which official*. and what was the nature of item provided?
IO-A~OIo
Date: ....J
~~fli'
Signature of Contractor/Applicant
1i;~fSA [.. u: i:-O-.S
Print or type name of Contractor/Applicant
*
Person is defined as: any individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city,
municipality, district, or other political subdivision, -or any other group or combination acting as
a unit.
**
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner,
Member of a board, commission, or committee of the City, employee, or staffmembers.
~r5
\\Citywidc2oomhomeIEngineer\TR.AFF1C\ACAD DwgslSTANDARD DWGS (ACAb}\CIP PROJECTS\TF34]\TF34] ISTEAspe=ev] .doc
ATTACHMENT 2.
CITY OF CHULA VISTA
CAPITAL IMPROVEMENTS PROGRAM DETAIL
CIPNO.: TF-341 INITIAL SCHEDULE FOR DESIGN:05 AND CONSTRUCTION: 06
TITLE: HES Traffic Signal System Improvements at Fourth Av & K 5t DEPARTMENT: Engineering
COMMUNITY PLAN AREA: Western City PROJECT MANAGER: Jim Newton/Patrick Moneda
TOTAL
APPROPRIATIONS
PROJECT THRU CURRENT FY 2005-06 FY 2006-07 FY 2007-08 FY 2008-09 FY 2009-10
COST ESTIMATES: TOTAL YEAR
I. PreparatorY Plannlng/Env Review $0 $0 $0 $0 $0 $0 $0
II. Land Acquisition $0 $0 $0 $0 $0 $0 $0
III. Design $411,500 $0 $48,500 $0 $0 $0 $0
IV. Construction $240,000 $0 $240,000 $0 $0 $0 $0
V. $0 $0 $0 $0 $0 $0 $0
TOTALS ........;..ii~ki' $0 $288,500 $0 $0 $0 $0
.
~ANCING SOURCES:
.!. $288,500 $0 $288,500 $0 $0 $0 $0
fuFFIC SIGNAL FUND
FINANCING TOTALS ....~ $0 $288,500 $0 $0 $0 $0
Descriotion: Improvements are to include the addition of left-turn pedestrian phasing, ADA pedestrian push buttons,
and video detection at the subject intersection. The project also includes the reconstruction of the cross gutter and the
two curb returns along the east side of the intersection.
Jusllfication: The intersection of Fourth Avenue and K Street lies immediately adjacent to the front entrance of Chula
Vista High School. Due to this close proximity, a high volume of pedestrian traffic utilizes this intersection to cross the
road. Currently, there are no pedestrian push buttons or protected left-turn phases. A cross gutler runs along the east
side of the intersection, which is undesirable for pedestrian/wheel chair accessibility and is in need of complete
reconstruction.
Schedulinq: Design and Contract Administration is scheduled for FY05/06; Construction is scheduled for FY06/07.
Status: New
Ooerallnq Budqet Effect: None
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AITACHMENT 5
RESOLUTION NO. 2005-116
RESOLUTION OF THE CITY COu'NCIL OF THE CITY OF
CHULA VISTA APPROVING THE FILING OF A GRANT
APPLICATION TO THE HAZARD ELIMINATION SAFETY
(B'F'S) PROGRAM FOR FUNDS TO IMPROVE TRAFFIC
SIGNAL AND PEDESTRIAN FACILITIES AT FOURTH
A VENUE AND K STREET, AND CERTIFYING THE
COMMITMENT OF MATCHING FUNDS
WHEREAS, the intersection of Fourth Avenue and K Street lies just north of Chula Vista
High School and is used during the school year by a large number of school-aged pedestrians;
and
WHEREAS, the current traffic signal system at the intersection would benefit from
updating and improvements to enhance safety conditions for both pedestrians and motorists; and
WHEREAS, sidewalk and cross-gutter improvements are also required at the intersection
in order to comply with current Americans with Disabilities Act (ADA) design standards; and
WHEREAS, the estimated costs for the project can be met through a combination of
Hazard Elimination Safety (lilFS) grant funds administered by Caltrans, and local matching
funds; and
WHEREAS, City staff recommends that the City apply for the HES Grant; and
WHEREAS, grant requirements include Council certification that matching funds are
available and committed for those projects.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby:
I. Approve the filing of an application for local assistance funds from the Hazard
Elimination Safety (1mS) Program for the F ourth Avenue and K Street traffic
signal project; and
2. CertifY that the City has or will have available, prior to commencement of any
work on the projects, the required ten percent match.
Presented by Approved as to form by
~~,(<G~ ~\~~f\"~
Ann Moore '
City Attorney
8-7
Resolution 2005- I 16
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
California, this 12th day of April, 2005, by the following vote:
AYES:
Councilmembers:
Castaneda, Davis, McCann, Rindone and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
~,c9~
Stephen C. Padilla, Mayor
ATTEST:
~.u /1 ~ ~ ~ ~ C>>----'
Susan Bigelow, MMC, City~lerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2005-116 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 12th day of April, 2005.
Executed this 12th day of April, 2005.
-::: ~l.A...Lt.L.L ~'~ 6 a;, ~
Susan Bigelow, MMC, City Cle
- -- ------_.~-- .- ---- -- - --'--
8-8
RESOLUTION NO. 2005-358
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR THE UPGRADE OF THE TRAFFIC SIGNAL
AT SECOND AVENUE AND H STREET PROJECT (TF-
326m -311) TO HMS CONSTRUCTION, INCORPORATED
AND APPROPRIATING FUNDS AS A LOAN FROM TRAFFIC
SIGNAL FUNDS
WHEREAS, the IF-3ll project's budget is to fund the upgrade of two signalized
intersections at First A venue/H Street and Second A venue/H Street. Staff separately advertised
each of the signal locations in order to properly document the contract for the upgrade at Second
Avenue and H Street after it was authorized for Hazard Elimination Safety (HES) funding; and
WHEREAS, on February 10, 2005, Caltrans authorized the construction of federal
project number STPLH 5203 (018), Upgrade of Traffic Signal at Second Avenue and H Street.
Staff advertised the project on May 27, 2005 and opened bids on June 22, 2005; and
WHEREAS, all three bids received were found to be non-responsive based on the
incomplete bids. On August 8, 2005, City Council approved the rejection on all of the bids and
the re-advertisement of the project. This project was re-advertised on August 19,2005; and
WHEREAS, costs for traffic signal work have gone up due to general increases in
equipment and labor costs since the project was appropriated. For this project, additional staff
costs have arisen due to federal documentation/authorization process requirements and further
design changes in plans to accommodate the federal requirements, as well as the re-
advertisement process described above; and
WHEREAS, additional staff time was also required during the construction of the traffic
signal at the intersection of First Avenue and H Street due to the contractor's staffmg changes.
AEC Contractor's main field supervisor left the company in the middle of the signal installation,
which created delays in the frequent/daily inspections by City inspectors; and
WHEREAS, four contractors submitted bids to perfonn the work as follows:
Contractor
HMS Construction, Incorporated (San Marcos, CA)
----------_.,~-----_.,_..._._~.. -
T & M Electric dba Perry Electric (Santee, CA)
Lekos Electric, Incorporated (El Cajon, C_A)_ _ ..._
Select Electric, Incorporated (Spring Valley, CA)
, Bid Amount
i $102,016
! $106,750
1 $108,400
; $144,200
WHEREAS, the low bid, submitted by HMS Construction is below the engineer's
estimate of$102,350 by $334 (0.3 %). HMS Construction has installed traffic signal projects in:the City with satisfactory performance. All bids submitted were complete; and
8-9
Resolution No. 2005-358
Page 2
WHEREAS, after completion of the traffic signal installation work at First Avenue and H
Street, the remaining project account balance was $58,340 out the $250,000 total budget amount
for both First A venue/H Street and the Second A venue/H Street intersections; and
WHEREAS, staff requests that Council approve the estimated additional traffic signal
appropriation of $71,660 required to complete the subject project. The intersection at Second
A venue and H Street signal upgrade will ultimately be reimbursed up to $95,040 of HES federal
funding upon the completion of the project in early summer of 2006; and
WHEREAS, there are no impacts to the General Fund and the available balance of the
Traffic Signal Fund is sufficient to allow the appropriation. Upon completion of improvements
at Second A venue and H Street, normal annual signal energy and preventive maintenance costs
are estimated to be $5,500 for the intersection; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act and has determined that the
project qualifies for a Class I categorical exemption pursuant to Section 15301 of the State
CEQA Guidelines. Thus, no further environmental review is necessary.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby accept bids and award the contract for the Upgrade of Traffic Signal at Second
Avenue and H Street (TF-326rrF-3Il) project to HMS Construction, Incorporated in the amount
of $102,016 and authorizes staff to appropriate funds in the amount of $71,660 from the Traffic
Signal Fund needed to complete the project.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said contracts on behalf of the City of Chula Vista.
Presented by
Approved as to form by
~/~&~
SOhaib AI-Agha
City Engineer
(A ~~~
Ann Moore
City Attorney
8-10
Resolution No. 2005-358
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista.
California, this 1st day of November. 2005, by the follomng vote:
AYES:
Councilmembers:
Castaneda, McCann, Rindone, and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
Davis
,J~ 1(!,11 c1(~
Stephen C. Padilla, Mayor
ATTEST:
~LL-z~~~
Susan Bigelow, MMC, City erk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2005-358 was duly passed, approved., and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 1st day of November 2005.
Executed this 1st day of November 2005.
~' )
- ilJU t ~
Susan Bigelow, MMC. City . rk
8-11
RESOLUTION NO. 2006-025
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A $238,500 GRANT FROM THE
HAZARD ELIMINATION SAFETY (RES) PROGRAM; AND
AMENDING THE FISCAL YEAR 2006 CAPITAL
IMPROVEMENT PROGRAM BUDGET BY APPROPRIATING
THE GRANT FUNDS AND A $50,000 CITY MATCH INTO
THE "HES IMPROVEMENTS AT 4TH AND K" PROJECT
,
FROM THE TRAFFIC SIGNAL FEE FUND .
WHEREAS. the intersection of 4th Avenue and K Street lies just north of ChuIa Vista
High School and is used during the school year by a large number of school-aged pedestrians;
and
WHEREAS, the current traffic signal system at the intersection requires updating and
improvements to enhance safety conditions for both pedestrians and motorists; and
WHEREAS, sidewalk and cross gutter improvements are also required at the intersection
in order to comply with current Americans With Disabilities Act (ADA) design standards; and
WHEREAS, the City has been awarded a grant from the Hazard Elimination Safety
(HES) Grant Program to help meet project costs; and
WHEREAS, total project costs can be met through a combination of HES grant funds and
local matching funds; and
WHEREAS, !iliPS: grant funds are disbursed to the City on a reimbursement-onIy basis
and as such, project funds must be initially appropriated from another available funding source;
and
WHEREAS, sufficient Traffic Signal .Fee funds are available for the necessary
appropriation.
NOW, THEREFORE. BE IT RESOLVED that the City Council of the City of ChuJa
Vista does hereby
I. Accept $238,500 in unanticipated Hazard Elimination Safety (HES) Grant
Program funds; and
8-12
Resolution No. 2006-025
Page 2
2. Amend the Fiscal Year 2006 Capital Improvement Program budget by appropriating
$288,500 into the "HES Improvements at 4th and K" Project (TF-341), from the
available balance of the Traffic Signal Fee Fund.
Presented by
Approved as to form by
4/~'~~
Sohaib Al-Agha
City Engineer
~
~\~<Jl\~~~\k~
Ann Moore '
City Attorney
irector
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 24th day of January 2006 by the following vote:
AYES:
NAYS:
Councilmembers:
Castaneda, Chavez, McCann. Rindone, and Padilla
ABSENT:
Council members:
~
Councilmembers:
ATTEST:
-~~L/~~~#~
Susan Bige ow, MMC, City rk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2006-025 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 24th day of January 2006.
Executed this 24th day of January 2006.
.~ ~~/~~J->>-"
Susan Bigelow, MMC, City Cler
R-13--_
RESOLUTION NO. 2006-
RESOLUTION ACCEPTING BIDS AND
A WARDING A CONTRACT FOR
CONSTRUCTION OF HES TRAFFIC SIGNAL
IMPROVEMENTS AT FOURTH AVENUE AND
K STREET (TF-341) TO LEKOS HECTRIC,
INC. AND APPROPRIATING FUNDS
THEREFORE
WHEREAS, the City of Chula Vista [City] has been granted $238,500 of CaITrans
Hazard Elimination Safety [HES] funds which is to be applied towards improvements at the
intersection of Fourth Avenue and K Street; and
WHEREAS, the City created Capital Improvement Project TF-341 and appropriated
$288,500, which included the HES grant funds and a $50,000 City match, into the TF-341
Project fund from the available balance of the Traffic Signal Fee fund; and
WHEREAS, the City issued a Request for Proposals for the improvements and two bids
were received; and
WHEREAS, the low bid, submitted by Lekos Electric, Inc. [Lekos], for $232,702 is
above the engineer's estimate of$210,000 by $22,702 (11 %); and
WHEREAS, $313,500, consisting of the $232,702 bid received from Lekos, the design
costs associated with the TF-341 Project, and contingency funds, is necessary to complete the
improvements; and
WHEREAS, an appropriation of an additional $25,000 into the TF-341 Project from the
Traffic Signal Fund is required; and
WHEREAS, there are sufficient funds available in the Traffic Signal Fund; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act (CEQA) and has determined the
project qualifies for a Class I categorical exemption pursuant to Section 15301 (d) of the State
CEQA Guidelines. Thus, no further environmental review is necessary.
NOW, THEREFORE, be it resolved by the City Council of the City of Chula Vista that it
accepts bids and awards the contract for construction of HES traffic signal improvements at
Fourth Avenue and K Street (TF-341) to Lekos Electric, Inc.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it
appropriates an additional $25,000 to Project TF-341 from the available balance of the Traffic
Signal Fund.
8-14
Presented by
Approved as to form by
Leah Browder
Acting Director of Engineering
'--!~<'L !l,~ ~
Ann Moore
City Attorney
J:\Attomey\ELISA\RESOS\Reso TF34t HES Traffic Signal Fourth and Kdoc
8-15
COUNCIL AGENDA STATEMENT
Item
Meeting Date 11/21/06
9
ITEM TITLE:
Ordinance Amending Chula Vista Municipal Code Title 6
"Animals" to add Chapter 6.30 entitle!i Animal Sales, and Sections
6.30.010 and 6.30.020
SUBMITTED BY:
Director of Ge~ Services () ~".
City Manager (jl
(4/Sths Vote:
No
x )
REVIEWED BY:
The purpose of this report is to implement a new ordinance related to animal control services in
the City of Chula Vista. The ordinance will make it a misdemeanor to give away, offer for sale,
or to transfer any animal, bird, or reptile on public property or private property open to the
public.
The intent of this law is to discourage indiscriminate breeding that results in unwanted animals
and to discourage the "impulse buying" of pets. These unwanted pets often end up as stray or
owner relinquished animals at the Chula Vista Animal Care Facility. The new ordinance will be
effective thirty days after final approval by the Council.
RECOMMENDATION: That Council adopt ordinance.
BOARDS/COMMISSION: Not applicable.
DISCUSSION:
The City of Chula Vista has been in the business of providing animal control services since
1923. Since the construction of a new Animal Care Facility in October 2002, animal intake
numbers have continued to rise and daily inventory of animals average 300-500. As the City of
Chula Vista experiences continued growth, the unwanted animal population increases. The total
number of animals processed into the Chula Vista Animal Control Facility (CV ACF) during
calendar year 2003 was 7,675 animals. The total number in 2005 was 9,209 animals. This
represents a 20 percent increase in intakes over a two-year period. If this trend continues, the
Chula Vista Animal Care Facility will be unable to accommodate the number of unwanted
animals in our community.
Responsible pet ownership is achieved by education, outreach, and enforcement activities. The
CV ACF promotes various spay/neuter programs for our residents. The Spay and Neuter Project
(SNAP) offers low-cost spay/neuter programs to our residents and contract cities, Lemon Grove,
National City and Imperial Beach. In addition, the CV ACF staff provides nearly 100 tours,
educational programs, and attends adoption events each year to promote responsible pet
ownership and spay/neuter programs.
9-1
Page 2, Item ~
Meeting Date 11/21/06
Despite educational and outreach efforts, the number of unwanted pets continues to increase in
our community. An additional threat to the stabilization of our animal population is the sale of
"designer breed" puppies smuggled from Mexico. These puppies are sold at street comers,
parking lots, and flea markets in San Diego County. It has been estimated by a multi-county
agency Border Puppy Task Force that as many as 10,000 young puppies have entered San Diego
from Mexico this year. Chula Vista is a target for these sales, and scores of sick puppies have
been turned into the CV ACF after purchase from local street vendors. Puppies brought to the
CV ACF are commonly infected with a highly contagious, lethal virus that threatens the lives of
other shelter animals.
In 2006, the State of California passed Penal Code 597z, making it a misdemeanor for any
person to sell dogs less than eight weeks of age. National City recently passed a law prohibiting
the sale of puppies and kittens in public places (NCMC 8.32.050). The City of Irvine has also
recently passed a law that also prohibits the sale of puppies and kittens in public places. (Sec. 4-
5-1107). "Guidelines for Purchasing Pets" published by the San Diego Humane Society warn
against "sellers who want to meet in parking lots or street comers" and against "buying on
impulse. "
Rabbits, chicks, and ducklings are also commonly sold at local swap meets and in parking lots.
The result is an influx of unwanted, mature chickens, roosters, and rabbits arriving at the
CV ACF months later, when the "novelty" wears off or the animals have progeny. In 2003, the
CVACF received 150 rabbits into the facility. In 2005, the numbers increased to 181, an
increase of 20 percent. Although the CV ACF promotes a strong rabbit adoption program, homes
cannot be found for all of the unwanted rabbits that arrive at the facility. Many California
communities, such as Irvine, have also adopted laws prohibiting the sales of such "novelty"
animals.
The new ordinance will discourage residents from breeding their animals and then selling or
giving away unwanted progeny of any age in public places. Puppy smugglers from Mexico will
not be able to use Chula Vista parking lots and malls as puppy sale centers, and residents will be
discouraged from buying 'novelty' rabbits, chicks, and ducklings. This legislation will reduce
the number of unwanted animals in our community and at the Chula Vista Animal Care Facility.
The ordinance is needed to protect public health, safety, and welfare. Animal Control officers
routinely patrol malls and parking lots for illegal sales of puppies under eight weeks of age.
Adoption of the ordinance will strengthen enforcement abilities.
Decision Maker Conflicts
Staff has reviewed the decision contemplated by this action and has determined that it is not site
specific. It involves all public places throughout the city, affecting the public generally.
FISCAL IMPACT: There is no impact to the General Fund.
M:\General Services\GS Administration\Council Agenda\ACFlSale ordinance staff report REVISED.doc
9-2
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHULA VISTA MUNICIPAL
CODE TITLE 6 "ANIMALS" TO ADD CHAPTER 6.30,
ENTITLED ANIMAL SALES, AND SECTIONS 6.30.010 AND
6.30.020
WHEREAS, the City of Chula Vista has been in the business of providing animal control
services since 1923; and
WHEREAS, since the construction of a new Animal Care Facility in October 2002,
animal intake numbers have continued to rise and daily inventory of animals average 300-500;
and
WHEREAS, there has been a 20 percent increase in animal intakes over a two-year
period; if this trend continues, the Chula Vista Animal Care Facility (CV ACF) will be unable to
accommodate the number of unwanted animals in our community, causing concern for public
health, safety, and welfare; and
WHEREAS, responsible pet ownership is achieved by education, outreach, and
enforcement activities, and the CV ACF promotes various spay/neuter programs for residents;
and
WHEREAS, despite educational and outreach efforts, the number of unwanted pets
continues to increase in our community; and
WHEREAS, an additional threat to the stabilization of our animal population is the sale
of "designer breed" puppies smuggled from Mexico, with the multi-agency Border Puppy Task
Force estimating that as many as 10,000 young puppies have entered San Diego County from
Mexico this year; and
WHEREAS, rabbits, chicks, and ducklings are also commonly sold at local swap meets
and in parking lots; in 2003, the CV ACF received 150 rabbits into the facility; in 2005, the
numbers increased to 181, an increase of 20 percent; and
WHEREAS, it is the intent of the City Council of the City of Chula Vista in enacting this
ordinance to discourage residents from breeding their animals and then selling or giving away
unwanted progeny of any age in public places; to reduce the number of unwanted animals in the
city and at the Chula Vista Animal Care Facility; and to strengthen enforcement abilities.
9-3
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
SECTION I: That Title 6 (Animals) of the Chula Vista Municipal Code is amended to
add Chapter 6.30, entitled Animal Sales, and Sections 6.30.010 and 6.30.020, to read as
follows:
6.30.010 Sale of animals, birds, or reptiles on public property or on private property
open to the public prohibited.
It is unlawful to give away, offer for sale, sell, exchange, or transfer for any form of
consideration, or for no consideration, any animal, bird, or reptile on public property
or on private property open to the public, including, but not limited to, areas in front
of stores, commercial shopping areas, commercial park areas, swap meets, and
auctions.
6.30.020 Exceptions
Section 6.30.010 shall not apply to:
A. Any legally recognized non-profit charitable organization that provides or
contracts to provide services as a public animal sheltering agency.
B. Any legally operated business that sells animals, birds, or reptiles in its normal
course of business.
C. Any non-profit animal rescue or adoption organization.
D. Any gift, sale, exchange, or transfer of any animal, bird, or reptile on public
property or on private property open to the public that is authorized by federal or
state law.
SECTION II: Effective date.
This ordinance shall take effect thirty days after final passage.
Presented by:
Approved as to form by:
Jack Griffin
Director of General Services
9-4
COUNCIL AGENDA STATEMENT
Item
Meeting Date 11/21/06
10
SUBMITTED BY:
Resolution Authorizing submittal of a Waste Tire
Enforcement Grant Application in partnership with the City of San
Diego - Solid Waste Local Enforcement Agency and authorizing the
City of San Diego to act on behalf of the City of Chula Vista to
execute all necessary applications, contracts, payment requests,
agreements and amendments for the purposes of securing grant funds
and to implement and carry out the purposes specified in the grant
Director of Ge7ervices <s9;r
City Manager JI (4/Sths Vote: Yes_ No X )
ITEM TITLE:
REVIEWED BY:
In 1989 the California Legislature enacted comprehensive requirements for the storage and
disposal of waste tires. The California Integrated Waste Management Board (CIWMB) was
charged with responsibility for tire pile stabilization and remediation where public health and
safety and the environment may be at risk. Consequently, the CIWMB adopted regulations to
establish and enforce waste tire storage and handling standards.
The CIWMB has delegated the responsibility for the administration of the enforcement,
compliance and surveillance activities at waste tire facilities to local solid waste enforcement
agencies and cities and counties. To ensure a stable source of funding for these activities the
CIWMB provides a non-competitive Waste Tire Enforcement Grant program. The City of San
Diego - Solid Waste Local Enforcement Agency (LEA) is the lead agency for this program in
San Diego County and Chula Vista, Imperial Beach and National City are partnering with San
Diego for the next grant cycle. This is the first time Chula Vista has participated in this program.
RECOMMENDATION: That Council adopt resolution.
BOARDS/COMMISSION: Not applicable.
DISCUSSION:
California is faced with the significant challenge of diverting or safely managing more than 40.2
million reusable or waste tires generated each year. It is estimated that 1.5 million waste tires
have been illegally dumped or stockpiled. These stockpiles pose a potential threat to public
health, safety, and the environment.
In 1990 the California Legislature enacted comprehensive requirements for the storage and
disposal of waste tires. The California Integrated Waste Management Board (CIWMB) was
charged with responsibility for tire pile stabilization and remediation where public health and
safety and the environment may be at risk. Consequently, the CIWMB adopted regulations to
establish and enforce waste tire storage and handling standards. Public Resources Code Section
42961.5 required the CIWMB to develop a "California Uniform Waste and Used Tire Manifest"
system. Its purpose is to provide accountability for monitoring the movement of waste and used
10-1
Page 2, Item 10
Meeting Date 11/21/06
tire loads within California. The CIWMB uses the Manifest System to ensure that all waste tires
generated and transported within California have been accounted for and delivered to permitted
end use facilities. Discrepancies are actively investigated and, if necessary, regulations are
strictly enforced. The maximum civil penalties for violations of the waste tire hauling and
manifesting requirements are $25,000 per violation per day as. described in Public Resources
Code Section 42962, and administrative penalties are $5,000 per violation per day.
The CIWMB has delegated the responsibility for the administration of the enforcement,
compliance and surveillance activities at waste tire facilities to local solid waste enforcement
agencies and cities and counties. The central objective of facility, site and hauler inspections is
to achieve compliance through oversight and education to the greatest extent possible and to
provide accurate information for entry into a statewide database. Inspections may be performed
by CIWMB staff or by waste tire enforcement grantees.
To ensure a stable source of funding for these activities the CIWMB provides a non-competitive
Waste Tire Enforcement Grant program. Each year there is approximately six million dollars
available for the grant program. Eligible applicants may request up to a total of $300,000.
To be eligible for grant money the applicant must have 50 or more waste tire sites III its
jurisdiction and must be one of the following:
1. A Local Enforcement Agency
2. An Environmental Health Agency
3. A Code Enforcement Agency
The City of San Diego, Local Enforcement Agency has been operating a Waste Tire
Enforcement program for some time and since the cities of Chula Vista, National City and
Imperial Beach do not meet all the eligibility requirements to apply for the funding on their own,
the City of San Diego invited the South Bay jurisdictions to partner with San Diego for this
round of grant funding. The City of San Diego Local Enforcement Agency staff performs the
initial inspections and follow-up inspections for all waste tire facilities and sites and will include
the facilities and sites located within the partner jurisdictions. If there were a non-compliance
issue, Enforcement staff would notify the City and the CIWMB, with enforcement activities
pursued at the State level.
Decision Maker 'Conflicts
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)(l) is not applicable to this decision.
FISCAL IMPACT: This action would have no impact to the General Fund.
Attachment: CIWMB
M:\General Services\GS Administration\Council Agenda\Environmental\Tire grant, 11-21 ~06.doc
10-2
Not<>~: cd'1-
i\\'-<::~~2b :c"
Page _
California Home
Tire Grants Home
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Tire Enforcement Gr3n"~::;_ F'rY 2006-Ci; (TE;\ 14)
, ,
lntegr"ated VVaste fVlanagernent Board
Waste Tire Enforcement Grants
Search lndex Contact Us Help
Notice of Funding Availability, FY 2006-07
The California Integrated Waste Management Board (CIWMB) receives an annual
appropriation from the California Tire Recycling Management Fund to administer the Tire
Recycling Act (Vulch, Statutes of 1990, Chapter 35) and related legislation, The Waste Tire
Enfcrcement Grant provides funding to solid waste local enforcement agencies and city and
county agencies In California for waste tire enforcement activities.
Funding
Six million dollars ($6,000,000) is available for the fiscal year (FY) 2006-2007 grant
program. Eligible applicants, Including regional applicants, may request up to a total of
three hundred thousand dollars ($300,000), Award of the FY 2006-2007 Waste Tire
Enforcement Grant Is contingent upon and subject to the availability of funds. The Board
reserves the right to fund Individual phases of selected proposals, and may therefore, fund
an amount less than requested. The Board will award grants on a non-competitive basis.
Applicants meeting the eligibility requirements and willing to participate In the program will
be considered for funding.
Applicant Eligibility
To be eligible to apply for the Waste Tire Enforcement Grant, the applicant must have 50 or
more waste tire sites in Its jurisdiction, and must be one of the following:
1. A Local Enforcement Agency (LEA);
2. An Environmental Health Agency;
3. A Code Enforcement Agency; or
4. An existing Waste Tire Enforcement grantee that was determined to be eligible under
the eligibility requirements of a previous grant cycles, received grant funding, and has
demonstrated satisfactory performance as determined by CIWMB staff (aiso referred
to as "grand-fathered Grantees").
Note: City and county agencies that are under the jurisdiction of an existing Waste Tire
Enforcement grantee or an LEA that is applying simultaneously for this grant are not eligible
unless the city/county agency:
. Meets the eligibility requirements of this grant;
. Notifies the existing grantee and the CIWMB of Its Intent to apply;
. Meets with the existing grantee and the CIWMB, and
. Demonstrates complementary services are needed In Its jurisdiction.
Based on the Information provided by the new applying agency, the CIWMB will determine
whether the applicant will qualify as an eligible grant recipient.
Furthermore, existing grantees reapplying for a Waste Tire Enforcement Grant must have
satisfactorily performed the duties as identified in their current Grant Agreement Procedures
and Requirements and complied with the grant's Terms and Conditions. The CIWMB will
assess grantee performance through joint field Inspections and other performance measures
such as:
. Completion of all of a majority of tasks Identified In the workpian/budget;
. Submission of complete and accurate Inspection forms;
. Effective and efficient use of approved grant funds;
. Timeiy follow-up on complaints and referrals;
. Timely submission of enforcement referrals to the CIWMB and DI strict Attorney, if
applicable; and 10-3
L:Cf~ Fu;:cL j~,-valhbt~;: \\"2Sk T!r~ L=-,-L)rcerr:,~nt (;r;iTltSJ F'\T 20C)O-07 (TEA14)
Pag~ :'
"
~ Participation in joint training with CIWMB field staff.
In addition, cities or counties may submit a regional application with authorization from
other cities and/or counties participating in the regional application. A regional lead
jurisdiction must be designated for regional programs to act on behalf of all participating
jurisdictions. Each jurisdiction may submit oniy one grant application. Therefore, if a
jurisdiction submits an application as part of a regional program, it cannot apply individually
or as part of another regional program.
Program Eligibility
Successful applicants will investigate iilegal tire disposal activities, perform waste tire
facilities inspections, and survey tire deaiers, auto dismantlers, tire hauiers, and other
points of waste tire generation to ensure compiiance with all applicable laws and
regulations, including the new manifest system. Inspections are followed up with
appropriate compliance actions to ensure that operators are compiying with all tire facility
regulations, including storage standards, use of registered tire haulers, and manifest
requirements.
If the applicant also receives or plans to receive waste tire clean-up grant funds from the
CIWMB, the applicant may be required to demonstrate the steps It has taken or plans to
take to prevent any bias or confiict of interest that might arise from administering both
grants.
Application Deadline
Applications must be postmarked by December 1, 2006. Hand-delivered applications must
be received In the CIWMB Sacramento Office at 1001 "I" Street by 3:00 p.m. on December
1,2006. Applications sent by U. S. Postal Service or a commercial delivery service must be
addressed to the appropriate address for the type of delivery service as listed in the
application and must be sent by a means that permits tracking by the sender.
To Obtain an Application
You may download the application from this site or contact Amalia Fernandez (by phone or
e-mail) to request a copy.
Enforcement Grants Home I Tire Grants Home
Last updated: October 16, 2006
Tire Management htto://www.ciwmb.ca.aov/Tiresl
Tire Management Program Hotline: (866) 896-0600 (toll free) WasteTires@ciwmb.ca.aov
<Q1995. 2006 California Integrated Waste Management Board. All rights resertec!,
Terms of Use/Privacy ,
10-4
APPLICATION mSTRUCTIONS
Waste Tire Enforcement Grant
Fiscal Year 2006/2007 (14th Cycle)
GRANT BACKGROUND
Public Resources Code section 42889( d) provides for the funding of costs associated with the
enforcement of waste tire laws. A fee on new tires sold in California provides funding for the
Waste Tire Enforcement Grant Program.
The California Integrated Waste Management Board (CIWNIB) may designate a city or county
entity as the enforcement authority ofregulations relating to waste and used tires as provided in
the Five-Year Plan, and associated agenda items. At its May II, 2005 meeting, the Board
adopted the Five-Year Planfor the Waste Tire Recycling Management Program (Five-Year
Plan). The Five-Year Plan allocates six million dollars ($6,000,000) for fiscal year (FY)
2006/2007 and each fiscal year, thereafter, to maintain existing and add additional local
enforcement jurisdictions.
APPLICANT ELIGIBILITY
To be eligible to apply for the Waste Tire Enforcement Grant, the applicant must have 50 or
more waste tire sites in its jurisdiction, and must be one of the following:
I) A Local Enforcement Agency (LEA);
2) An Environmental Health Agency;
3) A Code Enforcement Agency, or
4) An existing Waste Tire Enforcement Grantee that was determined to be eligible under the
eligibility requirements of a previous grant cycle, received grant funding, and has
demonstrated satisfactory performance as determined by CIWMB staff.
Note: City and county agencies that are under the jurisdiction of an existing Waste Tire
Enforcement Grantee or an LEA that is applying simultaneously for this grant are not eligible
unless the city/county agency:
. Meets the eligibility requirements of this grant;
. Notifies the existing grantee and the CIWMB in advance of its intent to apply;
. Meets with the existing grantee and the CIWNIB, and
. Demonstrates that complementary services are needed in its jurisdiction.
Based on the information provided by the new applying agency, the CIVVNill will determine
whether the applicant will qualifY as an eligible grant recipient.
Furthermore, existing Grantees reapplying for a Waste Tire Enforcement Grant must have
satisfactorily performed the duties as identified in their current Grant Agreement Procedures and
Requirements and complied with all the Grant Terms and Conditions. The CIWMB will assess
Grantee performance through joint field inspections and other performance measures such as:
. Completion of the majority of tasks identified in the workplan/budget;
1<<1-5
. Submission of complete and accurate inspection forms;
. Effective and efficient use of approved grant funds;
. Timely follow-up of complaints and referrals;
. Timely submission of enforcement referrals to the CIWMB and district attorney, if
applicable; and
. Participation in joint training with CIWMB field staff.
In addition, cities or counties may submit a regional application with authorization from other
cities and/or counties participating in the regional application. A regional lead jurisdiction must
be designated for regional programs to act on behalf of all participating jurisdictions. Each
jurisdiction may submit only one grant application. Therefore, if a jurisdiction submits an
application as part of a regional program, it cannot apply individually or as part of another
regional program.
FUNDING
Six million dollars ($6,000,000) is available for the FY 2006/2007 Waste Tire Enforc=ent
Grant program. Eligible applicants, including regional applicants, may request up to three
hundred thousand dollars ($300,000). Applicants meeting the eligibility requirements and
willing to fully participate in the program will be considered for funding. The CIWMB will
award the grants on a nonCcompetitive basis.
All costs to be funded must be directly and clearly related to implementation and operation of the
program funded by this grant. Costs must be reasonable and cost-effective. Ineligible costs
include, but are not limited to, the following:
Costs currently covered by another CIWMB loan, grant or contract,
Purchasing or leasing of land, or buildings,
Overtime costs (except for local government staffing during evening or weekend events
that are pre-approved in writing by the CIWMB Grant Manager,
Any costs that are not consistent with local, state, and federal guidelines and regulations
Any personnel costs not directly related to salaries and/or benefits,
Personnel costs incurred while an employee assigned to the grant project is not working
on the grant (e.g. use of accrued time such as sick leave, vacation, etc.);
Costs deemed unreasonable or not related to the grant by the CIWMB Grant Manager;
. Costs associated with the clean-up of illegal waste tire piles or the pick-up of waste or
used tires, and
Any costs incurred while not working on the grant (e.g. personal use of earned personnel
time such as sick leave or vacation).
Award of the FY 2006-2007 Waste Tire Enforcement Grant is contingent upon and subject to the
availability of funds. The Board reserves the right to fund individual phases of selected
proposals, and therefore, may fund an amount less than requested.
POTENTIAL BUDGET CUTS IF GRANT IS OVER-SUBSCRIBED
If the grant program is over-subscribed (total eligible grant funding requests exceed six million
dollars), CIWNfB staff will consider a county's population, total number of priority sites, and
any known threats to public health and safety and/or the environment to modify grant funding
210-6
requests as necessary to bring the total recommended grant awards within the allocated grant
funding of six million dollars ($6,000,000).
CIWMB staff will use the following criteria to assess necessary modifications of an applicant's
grant request. CIWMB staff will initially consider the overall county population to set a
potential base grant award as follows:
Population
More than 1 million
500,000 to 1 million
Less than 500,000 to 100,000
Less than 100,000
Potential Base Grant Award
$210,000
$130,000
$90,000
$70,000
These potential minimum grant awards are based on minimum amounts that could be given to
each county, based on current grant funds allocated to the program and current county population
figures from the California Department of Finance. However, these base amounts and any
additional funding must also be supported by the total number of priority sites in the county and
additional criteria as described below:
. Total number of sites (generators, haulers, permitted facilities, excluded, and exempt
sites)
. A jurisdiction's need based on CIWMB field staff's assessment in the following area:
o Total number of complaints and referrals
o Incidences of illegal dumping and number of illegal sites identified
o Enforcement and surveillance activities planned or projected
. An existing Grantee's performance based on CIWMB staff's assessment in the following
area:
o Grant funds used and/or unused conducted in the previous grant cycle
o Number of inspections conducted in the previous cycle
o Enforcement and surveillance activities conducted in the previous cycle
PROGRAM TASKS
The successful applicants will inspect waste tire facilities, tire dealers, auto dismantlers, tire
haulers, and other points of waste tire generation to ensure compliance with all applicable laws
and regulations, including the manifest system, and investigate complaints, referrals and illegal
tire disposal activities. Inspections are followed up with appropriate compliance and
enforc=ent actions to ensure that operators are following all tire facility regulations, including
storage standards, use of registered tire haulers, and manifest requirements.
The Waste Tire Enforcement Grant Program consists of the following activities:
Task 1. Inspections/Notice of Violation /Re-insvections
The core of this grant program is the inspection component. The central objective of this
task is to achieve compliance through oversight and education to the extent possible, and to
refer enforcement actions to the CIWMB and, if deemed appropriate, to the District Attorney.
In addition, it is important that Grantees provide accurate information for entry into a
statewide database. The work under this task includes, but is not limited to, the following
acti vi ti es:
1:{)-7
. Identify, educate, and inspect businesses involved in tbe collection, transport-alion,
and disposal of waste and used tires to detennine compliance with all tire
standards; including permit requirements, tire storage standards, and hauler
registration and manifest system standards. Tills task includes conducting:
o Annual routine inspections ofperrnitted, exempt, excluded or illegal waste
tire facilities tbat accept or store more than 5 ~O waste tires, for waste tire
storage, disposal standards, and permit standards, including permit terms
and conditions.
o Inspections of generators and end users identified in awarded grant
application for compliance with the manifest regulations.
o Annual routine inspections of waste tire hauler operations for compliance
with registration and manifesting requirements.
. Complete CIWMB provided survey and inspection forms to document all
inspections.
. At the time of inspection, issue the CIWj\I[]3 provided Notice ofYiolation (NaY)
and attached informational sheets when violations are discovered, advising
owners/operators of outstanding violation(s), and indicating what tbe violators
must do by date certain (compliance deadline date) to satisfy the law. The
compliance deadline date will be noted on the inspection report.
. If a violation is not corrected at the time of re-inspection but a good faith effort
has been made, tbe Grantee may extend tbe compliance deadline date once. The
extension shall be noted on the inspection form at the time ofre-inspection.
. Conduct no more than a total of three inspections, including routine and re-
inspections, per facility, site or hauler per grant cycle (one year grant duration
period), unless additional inspections are warranted and pre-approved in writing
by the CIWMB Grant Manager.
. Refer violations tbat are not corrected after one Nay extension or three
inspections/re-inspections to tbe CIWMB for further enforcement actions,
including administrative and civil penalty actions.
. Investigate cases referred to tbe Grantee by the CIWNill within 30 days. Referrals
may include public complaints and California Highway Aerial Surveillance
evidence.
. Provide training on the waste tire laws and regulations as requested by the
CIWMB, when given a 30-day advance notice.
. Distribute educational brochures and information to tire businesses during tbe
inspection process, when appropriate.
. Maintain a database that provides an inventory of sites and tracks results of
inspections using CIWMB standardized documentation, including but not limited
to inspection forms and Nay s, to ensure consistency and uniformity throughout
the state.
410-8
Task 2. Surveillance. Enforcement and Case Development
The Grantee's combined surveillance, enforcement and case development costs are capped
at fifty percent (50%) of the budgeted inspection costs, unless adequate justification is
provided to the CrWMB. The CIWMB will review this justification to render a decision that
will be reflected in the Grant Agreement. Grantee should include prior years work and the
public health and safety or environmental need under this tas~.
The objective of the surveillance task is to prevent the illegal transport, storage and disposal
of waste tires through an aggressive patrol and surveillance campaign. By providing a local
tire surveillance program, the Grantee will further increase industry awareness of waste tire
management and identify and decrease the number of unregistered tire haulers. In addition,
this time spent in the field will provide opportunities for Grantees to locate illegal tire piles
and commence progressive enforcement activities that will result in clean-up of the sites.
(This grant does not cover the costs associated with the clean-up of illegal waste tire piles or
the pick-up of waste or used tires).
A progressive enforcement program is key to achieving a high level of compliance while
minimizing staff effort and time. Activities under this task shall be prioritized to give
primacy to situations that pose the greatest risk to public health and safety and the
environment. The inspection and compliance of sites that have 500 or more tires should be a
priority of the Program. However, sites with fewer than 500 tires may also pose a public
nuisance, blight on the community, or a threat to public health and safety and the
environment; therefore, this grant is intended to support the Grantee's authority to deal with
these situations through local laws and ordinances.
The Grantee shall have primary responsibility for inspections and issuance of a Notices of
Violation [Nav s]. The Grantee will develop case files and refer violations that are not
corrected at the NaV stage to the CIWMB for further enforcement actions, including
administrative ana civil penalty actions. Therefore, it is important that the Grantees provide
timely notice and work closely with CIWMB enforc=ent staff during the inspection and
NaV process.
The work performed by the Grantees under the surveillance and enforc=ent task shall
include, but is not limited to, the following:
. Location of illegal tire disposal sites and identification of property owners and/or
responsible parties.
. Surveillance and documentation of illegal tire disposal or waste tire transport.
. Working with local law enforcement officers to cite illegal tire haulers.
. As directed by CIWMB, and with the assistance of the California Highway Patrol
(CHP) investigate aerial surveillance data, establish illegal waste tire hauling
checkpoints, and participate in CHP /Local Police checkpoints or stings
. Formal referral of sites to CIWMB enforcement staff when compliance is not
achieved at the NaV stage within specified time frames. Referral should be made
within IS-days of the last re-inspection and must include evidence collected,
including inspection reports, and photographs.
. Assist CIWMB staff with the investigation of referrals, complaints and violations,
legal records searches, and the procur=ent of inspection warrants.
HI-9
. Maintenance of enforcement files and records including inspection reports,
correspondence, and evidence.
. J oint investigation and enforcement activities approved by the CIVfMB, such as
working with local District Attorney (DA), attending administrative, court and/or
CIWi'vffi hearings, and supporting case development.
. Reporting of all enforcement actions of the jurisdictiojl on tire-related cases,
including any referrals to the DA's Office and any actions taken by the DA's
Office on waste tire cases.
Task 3. Business and Public Education
The CIVfMB finds that most businesses comply with laws and regulations when the reasons
for the regulations are clearly explained and the guidelines for compliance are plainly
defined. An educational approach to compliance is productive and cost effective and there is
no substitute for spending individual time with each business. The Grantee shall make
reasonable efforts to perform the following educational activities and others as deemed
appropriate:
. Distribute educational outreach materials and general pro gram information to
affected businesses and related governmental agencies.
. Develop industry and agency presentation materials.
. Conduct trainings to educate and foster working relationships with the Waste Tire
Industry and other agencies responsible for tire enforcement issues.
. Conduct trainings as requested by the CIWi'vffi, when given a 30-day notice.
. Promote sound waste tire management practices throughout the community.
Task 4. Traininf! for Grantees
The CIVfMB will provide waste tire enforcement training to Grantees throughout the grant
period. Upon execution of the Grant Agreement, Grantee staff is required to attend the first
available CIWi'vffi Waste Tire Management Conference and the Local Enforcement Agency
Training Conference if waste tire enforcement training is an element. Grantees may be asked
to participate in meetings and conferences to share important and unique aspects of their
grant programs with other agencies, industry, and interested parties. All training must be
related to tires, illegal dumping, surveillance and enforcement, or pertinent health and safety
classes.
Task 5. ReTJortinf!
Grantees will be required to submit progress reports on a quarterly basis and maintain a
database of inspections and inspection results. The Grantee will also be required to prepare
and submit an annual report to the ClvVMB summarizing the work performed and
accomplishments of the program at the end of the grant term. Existing grantees may propose
biannual reporting (mid-year and final report). New grantees submit three quarterly reports
and a fmal report.
610-10
GRAL'iT TERM
The term of the grant is June 30, 2007 through June 30, 2008.
GRANT SCHEDULE
Please note that this is a tentative schedule and subject to change.
! December 1, 2006
I J anuary/F ebruary 2007
A ril 2007
May/June 2007
June 30, 2007
I June 30, 2008
DEFINITION OF TERl"IS
Guidelines for completing the FY 2006/2007 Waste Tire Enforcement Grant Application:
1. Applicant - Name of applying jurisdiction. If a regional program, list all of the participating
jurisdictions, with the lead jurisdiction listed first.
2. Primary Contact - The Primary Contact is the person responsible for carrying out the project
goals and objectives. This person will be the contact for all matters regarding the grant,
including but not limited to: agreement status, program implementation, quarterly progress
reports, and final report.
3. Signature Authority - The Signature Authority is authorized and empowered, pursuant to
Resolution, to execute in the name of the applicant(s) all necessary applications, contracts,
payment requests, agreements, and amendments to implement the Grant program. The Signature
Authority must be a local government employee. The resolution for the lead jurisdiction of the
grant should include the title of the signature authority.
4. Total Requested Grant Amount - Identify the total costs for the activities you plan to
implement with the Grant funds. ROUND THE AMOUNT TO THE NEAREST HUNDRED
DOLLARS.
5. Certification - The signature must be of the person authorized by the resolution as signature
authority.
6. Budget and Expenditure Statement - Details how the grant funds will be used. The
approved Budget and Expenditure Statement will be incorporated into and become part of the
Grant Agreement.
1(J7-11
7. Resolution - An approved resolution from each applicant's governing body authorizing
submittal of the application and identifying the title of the individual authorized to execute any
agreement and requests for payment, a copy of an existing multi-year resolution adopted within
five years or a current single-year resolution that is still in etIect for FY 200612007, or a draft
resolution which will be signed by your governing authority that designates the position title of
the person authorized to execute all CIWN.lB grant-related documen)s for your jurisdiction, must
be submitted with the grant application.
If a draft resolution is submitted with the application, a final signed copy of the resolution is due
by COB April 1. 2007. Please select your authorized representative carefully because this will
be the only person whose signature will be recognized by the CIWMB. There are two resolution
options depending upon the type of application you submit:
a. Individual Applicant - For a city or county applying alone.
b. Regional Applicant - For a city or county applying with at least one other
jurisdiction.
Sample resolutions are attached, and are also on the CIWMB website
http://www.ciwmb.ca.qov/Tires/Grants/Enforcement. These samples are provided for guidance
purposes only. Consult your attorney.
8. List of waste tire facilities, generators (tire dealers, auto dismantlers, end users), waste
tire haulers, and illegal tire disposal sites in your jurisdiction - Provide a list of sites in the
categories listed. Include company names and addresses for businesses and nearest locations for
illegal tire disposal sites.
9. List of all field staff contacts and program supervisors/managers, along with individual
telephone numbers and e-mail addresses.
BUDGETITEMUZATION
The Project Eligibility describes all tasks that are necessary to conduct the waste tire
enforcement program. The budget must estimate for each Task as described in the application
instructions on page 4-7. Please use the electronic budget format/worksheets provided on the
web http://www.ciwmb.ca.qovlTires/Grants/Enfarcement to itemize and calculate your tasks,
including personnel costs and to describe materials, supplies and miscellaneous costs required
for the program. The completed budget must be mailed in along with your application and
required accompanying documentation. In addition, please send an electronic copy of the
completed Budget and Expenditure to Amalia Fernandez at: afernand@ciwmb.ca.gov.
Personnel Costs. Personnel costs include salaries, wages, and benefits for personnel who are
employed by or under contract with the Grantee and will work directly on the project. To
estimate personnel costs use the following guidelines:
81 0-1 2
BUDGET WORKSHEET A
Task 1. InsvectionslNOV ComvliancelRe-insvections
Estimate the time and costs for waste tire facility inspections and generator site inventories
based on a minimum of 1 and a maximum of 3 inspections/remspections per site per year.
The Grantee must have a cost allocation plan on file to justify its hourly rate. The maximum
hourly rate that may be charged to the grant is $125/hour. The inspection frequency is one
routine inspection per site per year, and up to a maximum four hours per inspection equaling
no more than $500 per inspection for sites found in compliance. Calculate costs based on
maximum of 4 hours per inspection/site inventory includes travel time, inspection, inspection
report preparation, and initial compliance activities. Up to two additional reinspections will
be' allowed to ensure compliance. A line item often percent (10%) offacility inspections is
automatically added to your budget for required follow-up on potential referrals/complaints
and for conducting any necessary pre-permit inspections.
Task 2. Surveillance. Enforcement and Case Develovment
Estimate time and costs for surveillance or time in the field patrolling for illegal tire disposal
and hauler activities. Estimate time and costs for surveillance and enforcement activities
beyond what is encompassed in the above inspection category. These activities may include,
but are not limited to, field investigations and follow-up on complaints and referrals, issuing
NOYs, participating in CHP/local police checkpoints and stings, attendance at local task
force meetings, research for site ownership/access, obtaining necessary warrants, time spent
applying for clean up grants and monitoring of remediation activities, developing cases and
making enforcement referrals to the CIWNIB, etc. Surveillance, enforcement and case
development costs may not exceed a maximum of fifty percent (50%) of staff inspection
time above in Task lA unless adequate justification is provided to the CIWMB, including
prior years work under this task and the public health and safety or environmental need. The
CIWMB will review the justification to reach a decision that will be reflected in the Grantee
Agreement.
Task 3. Business and Public Education
Estimate the time spent on business and public education and outreach related to waste tire
enforcement issues.
Task 4. Traininll for Grantees
Estimate the time and costs for staff training. The CIWMB conducts up to three Round
Tables per year, up to four Tire Grantee Trainings, one annual 3-day LEA Training
Conference and up to 3 days of additional field training. Grantees will be required to send at
least one staff and no more than five staff to attend applicable tire training classes at these
events. Also, estimate any other training to enhance your waste tire enforcement program.
1 (1-1 3
Task 5. Reportin:<
Estimate the time and costs for reporting. Grantees will be required to submit progress
reports on a quarterly basis. The Grantees will also be responsible for maintaining and
submitting with the reports, a database report of waste tire sites in their jurisdictions that
tracks and captures results of inspections and enforcement activities. The Grantee will also
be required to prepare and submit an annual report to the CI'i\lMJ? summarizing the work
performed, accomplishments of the program, and recycled content purchasing report of
equipment, vehicles and materials purchased with grant funds, at the end of the grant term.
Existing grantees may propose biannual reporting (mid-year report and a final report). New
grantees must budget for three quarterly reports and a final report.
BUDGET WORKSHEET B
Task 6. Equipment, Jl'faterials/Supplies
Itemize the costs of purchasing and/or leasing field equipment, computers/service &
accessories, health and safety gear, and other materials/supplies required for the Waste
Tire Enforcement Grant Program. For equipment purchases, itemize the quantity and
purchase price. Provide estimates whenever possible. Some examples of necessary field
inspection equipment include, but are not limited to, Global Positioning System (GPS)
Receiver, measuring device such as a hip chain or tape measurer, clinometer, camera,
clipboard, binoculars, calculator, etc.
Task 7. Transportation Costs
Transportation costs including vehicle purchase, leasing, maintenance, insurance and
fuel shall not exceed $25,000. The maximum mileage rate that may be charged is $.34/mile
(State Rate), or the county/city rate, whichever is less.
Equipment, materials/supplies, and transportation costs shall not exceed twenty percent
(20%) of the combined grant costs for Task 1 - Task 5.
PURCHASE OF VEHICLES
The State of California has implemented a Vehicle Purchase and Lease policy for vehicles
purchased by state agencies. The policy is contained in the Manag=ent Memo Number MM06-
03: http://www.documents.dos.ca.Qov/osp/sam/mmemos/mm06 03.pdf
If you are planning on purchasing a vehicle using Waste Tire Enforcement Grant money the
CIWMB strongly encourages you to follow these guidelines. You may find the state program
highly beneficial as the vehicles purchased may be of a lesser cost than if purchased through
other channels. In addition, as these vehicles run either with alternative fuel or under strict
emission guidelines, this contributes towards the protection of the environment. If you are
interested in purchasing a vehicle through the State of California's Department of General
Services, contact the Office of Procurement at: http://www.pd.dgs.ca.gov/contracts/vehicles.htm.
The Department of General Services charges I % of the vehicle cost.
The policy can be broken down intro three areas:
. Alternative Fuel Vehicles - 75% ofthe state's light duty vehicles purchases must be
powered by alternative fuel. To view a listing of all alternative fuel vehicles available
thought the Department of General Services, refer to:
ICl 0-14
http://www.pd.dgs.ca.gov/contracts/vehicles.htm. To locate a fueling station for your
alternative fuel vehicle, visit the following: htttJ://W'NW.cleancarmaps.comJhome.
. Gasoline and Hybrid-Electric-Powered Vehicles - requires that all gasoline powered
light-duty sedans purchased or leased by state agencies be at a minimum certified to
operate under the LEV-II ultra low emission vehicle standards. Light duty pick ups,
sedans, and sport utility vehicles must be at a minimum c<;rtified under the LEV -I ultra
low emission vehicle standards or equivalent (this category includes hybrid vehicles). To
view a listing of vehicles meeting the requirements of gasoline and hybrid-electric-
powered vehicles visit the following: httn://W'NW.arb.ca. gov/msnrog/ccvl/ccv1.htm.
. Sport Utility Vehicles or Four- Wheel Drive Trucks - Requires that any state agency that
wants to purchase a sport utility vehicle or a four-wheel drive truck to first obtain
authorization. If you are interested in purchasing a sport utility vehicle or a four-wheel
drive truck, you would need to fITstjustify the need for these types of vehicles.
Again, we strongly encourage you to follow these guidelines if you are planning on purchasing
a vehicle. Remember that by emolling in this program, you may be able to purchase a vehicle at
a lesser cost and at the same time you are contributing to the protection of the environment.
Also, please note that by executing the Grant Agreement, the Grantee agrees to execute all
necessary documents to provide the CIWNffi with a purchase money security interest in any
vehicles purchased, in whole or in part, with the grant funds.
Task 8. Miscellaneous Indirect Costs
Describe and estimate other costs not included in the above categories, including
contracts and services not included in other categories, administrative overhead, etc.
Indirect costs may not exceed ten percent (10%) of the total costs from Worksheets
A and B.
PAYMENTS
Grant funds are paid on a reimbursement basis for the actual costs directly related to the
implementation of the program. In order to receive payments, Grantees must:
I) Complete and return the Grant Agreement form signed by the authorized signatory (as
listed on the resolution) within 90 days of the date of mailing of the agreement package
by the CIWNffi.
2) Complete and return the Grant Payment Request Form signed by the authorized
signatory.
3) Submit all required reports on time and follow the Procedures and Requirements and
Terms and Conditions issued for the Waste Tire Enforcement Grant.
To enable Grantees to pay associated start-up costs, requests for advance payment may be
considered if they are submitted to the CIW1vffi Grant Manager. The request must not exceed
30% of the grant total and must demonstrate: 1) the Grantee's need for advance payment; 2) that
the Grantee will incur a specific expenditure within 90 days after receiving payment from the
CIWNffi; and 3) that the advanced funds will be deposited in a federally-insured institution and
into an interest bearing account; and 4) the Grantee must submit supporting documentation.
Advance payment must be reconciled before any further payments are processed. The Grant
Manager may partially or fully deny requests for advance payment.
lIIH-1 5
Failure to comply with any of the requirements may result in a jurisdiction not receiving some or
all of its grant funding under this and future grant cycles.
APPLICATON SUBMITTAL
Applicants must submit one ori!!inal and three copies of the application and accompanying
documentation to the CnvlVIB. Applications must be postmarkep, no later than Friday,
December 1, 2006. Hand delivered applications must be received in the CIWl\iIB
Sacramento Office at 1001 "I" Street by 3:00 p.m. on December 1, 2006.
Applications sent by U.S. Postal Service or a commercial delivery service must be addressed to
the appropriate address for the type of delivery service as listed in the application and should be
sent by a means that permits tracking by the sender and that provides an addressed and dated
receipt. Failure to do so is at the applicant's risk. If delivery is delayed or the application is lost
by the Post Office or delivery service, the burden is on the applicant to demonstrate timely
mailing or delivery of the applications.
Late applications will be returned to the applicant and not considered for grant funding. Please
direct any application questions during the grant comment period (October 6, 2006-December 1,
2006) to Amalia Fernandez at 916-341-6869 or afernand(@.ciwmb.ca.e:ov OR Georgianne
Turner at 916-341-6429 or e:turner!alciwmb.ca.e:ov. In addition, please fax and e-mail your
electronic application/budget to Amalia Fernandez at afernand(@.ciwmb.ca.gov before the
submittal due date. The CIWNfB grant review panel will use the electronic application/budget
submitted to make any necessary changes.
The following is the u.s. Postal mailing address:
California Integrated Waste Management Board
Waste Tire Enforcement Program
Grants Administration Unit
ATTN: GAU Staff
PO Box 4025, MS 9A
Sacramento, CA 95812-4025
The following physical address is for applications sent by common carrier or hand-delivered:
California Integrated Waste Management Board
Waste Tire Enforcement Program
Grants Administration Unit
ATTN: GAU Staff
1001 "I" Street, 19th Floor, MS 9A
Sacramento, CA 95814
d 0-16
RESOLUTIONS - Directions and Samples
INDIvlDUAL APPLICAi.'IITS (City or Connty)
An individual applicant may provide one of the following:
D An approved resolution from the applicant's governing body. authorizing submittal of an
application for the Waste Tire Enforcement Grant identifying the title of the individual
authorized to execute any agreements, contracts, and request for payments; OR
D An approved resolution authorizing, for up to five (5) years, the submittal of a grant
application to the CIWMB for all available Waste Tire Enforcement Grants, identifying the
title of the individual authorized to execute any agreements, contracts, and requests for
payments. Note: Benefit of a multiple year/grant resolution is that it can be used for future
applications.
111l3-17
Note: These sample resolutions are not intended as legal advice, but merely to assist applicants.
Consult with your legal counsel prior to using these documents.
SAMPLE RESOLUTION: Individual Applicants/Jurisdiction (City or County)
RESOLUTION AUTHORIZING SUBMITTAL OF WASTE TIRE E1''-FORCE:NfENT GRANT
APPLICATION
(Sample/Please Retype)
WHEREAS, funds are allocated and available from the California Integrated Waste Management
Board for grants to solid waste Local Enforcement Agencies (LEA) and cities and counties with
regulatory authority within the city and county government to perform enforcement/compliance
and surveillance activities at waste tire facilities; and
WHEREAS, the California Integrated Waste Management Board has been delegated the
responsibility for the administration of the program within the state, setting up necessary
procedures governing application by cities and counties under the program; and
WHEREAS, the applicant demonstrates it has sufficient staff resources, technical expertise,
andlor experience with similar projects to carry out the proposed program; and
WHEREAS, the applicant will enter into an agreement with the State of California for
implementation of a waste tire enforcement program;
NOW, THEREFORE, be it resolved that the Title of zoverninz bodv of the local iurisdiction:
authorizes the submittal of an application to the California Integrated Waste Management Board
for a Waste Tire Enforcement Grant for a period of (Indicate Time Period - not more than 5
vears).
BE IT FURTHER RESOLVED that the Title of official, or their designee, is hereby authorized
and empowered to execute in the name of Name of iurisdiction all necessary applications,
contracts, payment requests, agreements, and amendments hereto for the purposes of sectrring
grant funds and to implement and carry out the purposes specified in the application.
The foregoing resolution was passed by the Title of zoverninz bodv of the local iurisdiction
day of
,20
. Effective
,20_
this
Signed:
Date
(Name and Title of official authorized to sign)
140-18
REGIONAL APPLICAl'iTS
Regional Programs have one lead jurisdiction and at least one participating jurisdiction.
In addition to the resolution for the lead applicant, applications must also include ONE of
the following authorization documents for each participating jurisdiction. (The inclusion of
the participants' names in the lead applicant's resolution does not take the place of the
authorization document.) ,
;J A resolution from each participating jurisdiction authorizing the lead applicant to act on its
behalf as both Applicant and Grant Administrator (entity that implements the grant
program); OR
[] An authorization letter from the County Administrator/City Manager from each
participating jurisdiction stating that the jurisdiction wants to participate in the regional
program and authorizing the lead applicant to act on its behalf as both Applicant and Grant
Administrator; OR
J A copy of a Memorandum of Understanding specifically for this grant from each
participating jurisdiction authorizing the lead applicant to act on behalf of the jurisdiction
both as Applicant and Grant Administrator.
SAMPLE RESOLUTION - Lead Applicant of a Regional Program
WHEREAS, funds are allocated and available from the California Integrated Waste Management
Board for grants to solid waste Local Enforcement Agencies (LEA) and cities and counties with
regulatory authority within the city and county government to perform enforcement/compliance
and surveillance activities at waste tire facilities; and
WHEREi\S, the California Integrated Waste Management Board has been delegated the
responsibility for the administration of the program within the state, setting up necessary
procedures governing application by cities and counties under the program; and
WHEREAS, the applicant for itself and on behalf of the following participating jurisdictions will
enter into an agreement with the State of California for implementation of a regional waste tire
enforcement program;
NOW, THEREFORE, BE IT RESOLVED that the (Title of Governinl! Body) authorizes the
submittal of a regional application on behalf of (Participatinl! Cities or Counties) to the
California Integrated Waste Management Board for the Waste Tire Enforcement Grant, Fiscal
Year 2006/2007.
BE IT FURTHER RESOLVED that the (Title of Official), or its designee, is hereby authorized
and empowered to execute in the name of the participating jurisdictions all necessary
applications, contracts, payment requests, agreements, and amendments hereto for the purposes
of securing grant funds and to implement and carry out the purposes specified in the grant
app lication.
If the lead applicant does not want to list participants' names in the resolution, the resolution
could read:
11l~19
NOW, THEREFORE, BE IT RESOLVED that the (Title of Governinl! Bodv) authorizes the
submittal of a regional application on behalf of the participating jurisdictions (as shown by the
attached authorizing letters) to the California Integrated Waste Management Board for the Waste
Tire Enforcement Grant, Fiscal Year 2006/2007.
SALvlPLE RESOLUTION - Participant in a Regional Program,
'WHEREAS, funds are allocated and available from the California Integrated Waste Management
Board for grants to solid waste Local Enforcement Agencies (LEA) and cities and counties with
regulatory authority within the city and county government to perform enforcement/compliance
and surveillance activities of entities and/or individuals involved with the waste tire industry;
and
WHEREAS, the California Integrated Waste Management Board has been delegated the
responsibility for the administration of the program within the state, setting up necessary
procedures governing application by cities and counties under the program; and
WHEREAS, (Name of Lead Jurisdiction) has agreed to act as lead jurisdiction on behalf of
(N aIDe of Participatin2 Jurisdiction);
NOW, THEREFORE, BE IT RESOLVED that the (Name of Participatin2 Jurisdiction)
authorizes the (Name of Lead Jurisdiction) to submit to the California Integrated Waste
Management Board a regional application for the Waste Tire Enforcement Grant, Fiscal Year
2006/2007 on its behalf.
BE IT FURTHER RESOLVED that the (Name of Lead Jurisdiction) is hereby authorized and
empowered to execute all necessary applications, contracts, payment requests, agre=ents, and
amendments hereto for the purposes of securing grant funds and to implement and carry out the
purposes specified in the grant application.
l~ 0-20
AL"THORIZATION LETTER INFORi\'IATION
Participating cities and counties may submit an authorization letter in lieu of a resolution.
SAMPLE Authorization Letter (authorization valid for 12 months from date of letter)
Dear CIYVMB:
The (Name of participatin~ iurisdiction) authorizes (Name of Lead Jurisdiction) to submit to
the CIWNffi a regional application for the Waste Tire Enforcement Grants on its behalf. The
(Name of Lead Jurisdiction) is hereby authorized and empowered to execute all necessary
applications, contracts, payment requests, agreements, and amendments hereto for the purposes
of securing grant funds and to implement and carry out the purposes specified in the grant
application.
Sincerely,
City Manager (or County Administrator)
1IJl-21
RESOLUTION 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING SUBMITTAL OF WASTE
TIRE ENFORCEMENT GRANT APPLICATION IN
PARTNERSHIP WITH THE CITY OF SAN DIEGO - SOLID
WASTE LOCAL ENFORCEMENT AGENCY AND
AUTHORIZING THE CITY OF SAN DIEGO TO ACT ON
BEHALF OF THE CITY OF CHULA VISTA TO EXECUTE
ALL NECESSARY APPLICATIONS, CONTRACTS,
PAYMENTS REQUESTS, AGREEMENTS AND
AMENDMENTS FOR THE PURPOSES OF SECURING
GRANT FUNDS AND TO IMPLEMENT AND CARRY OUT
THE PURPOSES SPECIFIED IN THE GRANT
WHEREAS, the California State Legislature enacted comprehensive requirements for the
storage and disposal of waste tires in 1989; and
WHEREAS, the California Integrated Waste Management Board has delegated the
responsibility for the administration of the enforcement, compliance and surveillance activities at
waste tire facilities to solid waste Local Enforcement Agencies (LEA); and
WHEREAS, funds are allocated and available from the Califomia Integrated Waste
Management Board for grants to LEAs to perform enforcement, compliance and surveillance
activities at waste tire facilities; and
WHEREAS, the City of San Diego LEA has agreed to act as lead jurisdiction on behalf
of the cities ofChula Vista, Imperial Beach and National City.
NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista authorizes the
City of San Diego Local Enforcement Agency to submit to the California Integrated Waste
Management Board a regional application for the Waste Tire Enforcement Grant, Fiscal Year
2006/07 on its behalf.
BE IT FURTHER RESOLVED that the City of San Diego Local Enforcement Agency is
here by authorized and empowered to execute all necessary applications, contracts, payment
requests, agreements and amendments here to for the purposes of securing grant funds and to
implement and carry out the purposes specified in the grant application.
Presented by
Approved as to form by
Jack Griffm
Director of General Services
~\'{<:N\\\\'\~,(~~
Ann Moore
City Attorney
10-22
Item No 1/
Meeting Date 11/21/2006
COUNCIL AGENDA STATEMENT
ITEM TITLE:
RESOLUTION AMENDING THE FY 2007 POLICE
DEPARTMENT PERSONNEL SERVICE BUDGET AND ADD
UNCLASSIFIED POSITIONS ANB APPROPRIATE FUNDS
THEREFORE BASED UPON UNANTICIPATED REVENUES.
ORDINANCE AMENDING CHULA VISTA MUNICIPAL
CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT
OF UNCLASSIFIED POSITIONS.
SUBMITTED BY: Chief of POliCe~~ .-,
71-~(.
REVIEWED BY: City Manager d'
(4/5ths Vote: Yes_X_ No _ )
The California Border Alliance Group (CBAG) has requested the addition of three new
positions of CBAG - Director of SO LECC, CBAG Administrative Analyst I and CBAG
Administrative Analyst II. Additionally, Chula Vista City Charter section 500 requires that
all unclassified positions not mentioned specifically in Charter section 500 be adopted
by Ordinance. The Police Department requests the addition of these positions to the
unclassified service.
RECOMMENDATION
1. That Council adopts the resolution amending the FY 2007 Police Department
Personnel Services budget, add the unclassified positions of:
a. CBAG - Director of SO LECC - E Step Salary of $123,608 - Sr. Managers
benefits package
b. CBAG Administrative Analyst I - E Step Salary of $59,743 - Confidential
benefits package
c. CBAG Administrative Analyst 11- E Step Salary of $65,718 -Confidential
benefits package; and
2. That Council appropriates $159,591 to the Police Department Personnel
Services budget based upon unanticipated revenues; and
3. That Council approves the Ordinance amending the Chula Vista Municipal Code
Section 2.05.010 relating to the establishment of unclassified positions.
BOARDS/COMMISSIONS RECOMMENDATIONS: Not Applicable
BACKGROUND
The Police Department entered into an agreement with the Office of National Drug
Control Policy in 1996 to be the fiscal agent for the California Border Alliance Group
1 of 3
11-1
Item No II
Meeting Date 11/21/2006
(CBAG). CBAG is part of the Southwest Border High Intensity Drug Trafficking Area
(SWHIDTA). In essence, the City receives full funding, plus a 3% administrative fee, to
hire and administer salary and benefits for CBAG positions. To date, there are currently
17 CBAG positions with the City of Chula Vista that are fully funded from the Office of
National Drug Control Policy.
DISCUSSION
CBAG - Director of SO LECC
This is a new classification for CBAG. This position will be the Director of the new San
Diego Law Enforcement Coordination Center (SO LECC). This will be the first full-time
employee of the new SO LECC. The SO LECC is a new multi-agency organization
which will cooperatively integrate national security and law enforcement intelligence
concerning terrorism, narcotics trafficking, and general crimes affecting or potentially
affecting the greater San Diego and Imperial County region. The SO LECC's goal is to
produce actionable intelligence and intelligence products for SO LECC participating
agencies, the Joint Terrorism Task Force, the Imperial County Law Enforcement
Coordination Center, the San Diego Joint Harbor Operations Center, and other
appropriate law enforcement, public safety and intelligence entities.
The CBAG - Director of SO LECC will provide expert guidance and assistance in the
planning, directing and coordinating of the overall intelligence programs at the SO
LECC. This position will initially be establishing policies/procedures/protocols for the SO
LECC and will start staffing the SO LECC immediately. Once fully staffed, the CBAG -
Director of SO LECC will manage the entire program and will ensure the SO LECC
meets the identified objectives of the SO LECC.
The "E" step annual salary for this position will be $123,608. This position is considered
"Unclassified" due to the nature of the funding for this position and will receive the
"Senior Managers" benefit package.
CBAG Administrative Analvst I and II
CBAG has also requested the addition of the CBAG Administrative Analyst I and II
positions. These positions are similar in nature to the City's Administrative Analyst I and
II positions. They will primarily perform a variety of professional level technical and
analytical duties related to budgetary, fiscal, organizational and administrative studies
and assignments. CBAG will only be filling the CBAG Administrative Analyst II position
at this time, however, staff recommends also adding the CBAG Administrative Analyst I
position to Chula Vista Municipal Code Section 2.05.010 in order to maintain
consistency with the Administrative Analyst series. Only funds for the CBAG
Administrative Analyst II will be appropriated through this agenda statement.
The "E" step annual salary for the CBAG Administrative Analyst I position is $59,743
and the "E" step annual salary for the CBAG Administrative Analyst II position is
20f3
11-2
Item No l \
Meeting Date 11/21/2006
$65,718. Both of these positions are considered "Unclassified" due to the nature of the
funding for these positions and will receive the "Confidential" benefit package.
Municipal Code Section 2.05.010 Amended
Municipal Code Section 2.05.010 will need to be amended to add the positions of CBAG
- Director of SO LECC, CBAG Administrative Analyst' I and CBAG Administrative
Analyst " to the list of unclassified positions. Each of these additions has been
underlined in the proposed ordinance for easy identification.
DECISION MAKER CONFLICT
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
Approval of this resolution will result in the appropriation of $159,591 to the FY 2007
Personnel Services budget of the Police Department. CBAG will fully reimburse the City
for the cost of this position, including a 3% administrative fee. There will be a $4,788 net
positive impact to the General Fund due to the 3% administrative fee.
3of3
11-3
RESOLUTION NO. 2006-
RESOLUTION AMENDING THE FY 2007 POLICE
DEPARTMENT PERSONNEL SERVICE BUDGET AND
ADD UNCLASSIFIED POSITIONS AND APPROPRIATE
FUNDS THEREFORE BASED UPON UNANTICIPATED
REVENUES.
WHEREAS, The Police Department entered into an agreement with the Office of
National Drug Control Policy in 1996 to be the fiscal agent for the California Border
Alliance Group (CBAG); and
WHEREAS, CBAG has requested the addition of two new positions of CBAG -
Director of San Diego Law Enforcement Coordination Center (SD LECC), and CBAG
Administrative Analyst II; and
WHEREAS, the City receives full funding, plus a 3% administrative fee, to hire
and administer salary and benefits for CBAG positions;
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby amend the FY 2007 Police Department Personnel Services budget
and appropriate $159,591 based upon unanticipated revenues and add the positions of
CBAG - Director of SD LECC and CBAG Administrative Analyst II to the Police
Departments authorized positions.
Approved as to form by:
Ri hard P. Emerson
Police Chief
11-4
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010
RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS
TO ADD THE POSITIONS OF CBAG - DIRECTOR OF SD LECC, CBAG
ADMINISTRATIVE ANALYST I AND CBAG ADMINISTRATIVE
ANALYST II.
WHEREAS, the Human Resources Department has created new classifications to better
reflect the needs of the City's workforce; and
WHEREAS, Charter Section 500(a) requires that all new unclassified management level
positions be adopted by ordinance and a four-fifths vote of the Council.
NOW, THEREFORE, the City Council of the City ofChula Vista does ordain as follows:
SECTION I: That Section 2.05.010 of the Chula Vista Municipal Code is hereby amended to
read as follows:
2.05.010
Unclassified positions established.
In addition to those unclassified positions specifically delineated in Section 500 of the
Charter of the City, there are established the unclassified positions entitled Administrative
Services Manager, Advanced Planning Manager, Animal Control Manager, Assistant Chief of
Police, Assistant Director of Budget and Analysis, Assistant Director of Building and Housing,
Assistant Director of Community Development, Assistant Director of Finance, Assistant Director
of Human Resources, Assistant Director of Planning, Assistant Director of Public Works and
Operations, Assistant Director of Recreation, Assistant Library Director, California Border
Alliance Group (CBAG) Deputy Executive Director, CBAG DIRECTOR ~ SD LECe. CBAG
ADMINISTRATIVE ANALYST 1, CBAG ADMINISTRATIVE ANALYST 11, CBAG Budget
Manager, CBAG Executive Assistant, CBAG Executive Director, CBAG Graphics
Designer/Webmaster, CBAG Management Assistant, CBAG Methamphetamine Strike Force
Coordinator, CBAG Network Administrator I, CBAG Network Administrator II, CBAG
Network Manager, CBAG Program Analyst, CBAG Regional Computer Forensic Laboratory
Network Engineer, Chief Learning Officer, Chief' of Staff, CoastallEnvironmental Policy
Consultant, Communications Manager, Community Relations Manager, Constituent Services
Manager, Cultural Arts & Fund Development Manager, Deputy Building Official, Building
Services Manager, Deputy City Manager, Deputy Director of Engineering, Deputy Director of
General Services, Deputy Director of Planning, Deputy Fire Chief, Development Planning &
Improvement Manager, Development Planning Manager, Director of Budget and Analysis,
Director of Communications, Director of Conservation and Environmental Services, Energy
Services Manager, Executive Director of the Redevelopment Agency/CEO of the CVRC, Fiscal
Operations Manager, Human Resources Operations Manager, Intergovernmental Affairs
Coordinator, Office Specialist (Mayor's Office), Parks and Open Space Manager, Police
Captain, Purchasing Agent, Real Property Manager, Risk Manager, Senior Council Assistant,
Traffic Engineer, Transit Coordinator, Treasury Manager.
SECTION II: This ordinance shall take effect and be in full force thirty days from its adoption.
11-5
Ordinance No.
Page 2
Submitted by:
Approved as to form by:
Richard P. Emerson
Chief of Police
11-6
COUNCIL AGENDA STATEMENT
Item: \ Z.
Meeting Date: 11/21/06
ITEM TITLE:
RESOLUTION ACCEPTING $11,215 FROM
THE BUREAU OF JUSTICE ASSISTANCE AND
APPROPRIATING SAID FUNDS TO THE POLICE GRANT
FUND FOR THE BULLETPROOF VEST PARTNERSHIP.
SUBMITTED BY:
Chief of pOliceD~t.
/r ~I(,
City Manager ,jI
(4/5ths Vote: YeslLNo _)
REVIEWED BY:
The Police Department has received funding from the Bureau of Justice
Assistance to pay for bulletproof vests through a Bulletproof Vest Partnership
grant. The grant amount of $11,215 will pay for 50% of the cost of bulletproof
vests, which will partially fund 21 vests; matching funds are included in the Police
budget.
RECOMMENDATION: That Council adopts the resolution accepting $11,215
from the Bureau of Justice Assistance and appropriating said funds to personnel
services category of the Police Grant Fund for the Bulletproof Vest Partnership.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
BACKGROUND: On June 16, 1998, the Bulletproof Vest Partnership Grant Act
of 1998 was signed as law. The purpose of the Act is to save the lives of law
enforcement officers by helping States and units of local government equip their
law enforcement officers with armor vests. The Bulletproof Vest Partnership
(BVP) is a program of the U.S. Department of Justice administered by the
Bureau of Justice Assistance (BJA). The program is designed to pay for up to
50% of bulletproof vests for law enforcement officers. BJA announces BVP
funding opportunities on an annual basis.
DISCUSSION: On February 24, 2006, the Bureau of Justice Assistance (BJA)
announced the new Bulletproof Vest Program funding opportunity for FY 2006.
The Police Department applied for funding and was recently notified by BJA that
the application was approved. The grant amount of $11,215 will pay for 50% of
the cost of bulletproof vests, which will partially fund 21 vests; matching funds are
included in the Police budget.
12-1
Page 2,ltem: IQ.
Meeting Date: 11/21/06
The Bulletproof Vest Partnership is a non-competitive program. The BVP Act of
2000 requires that BJA give funding priority to jurisdictions with populations
under 100,000 residents by awarding those jurisdictions the full 50% of the
application total. For jurisdictions over 100,000 residents, the BVP funds were
sufficient to support 10% of the application values in 2004, and 14% in 2005.
Based on the same criteria, the Department receive,d 11 % of the application
request in 2006. Staff submitted an application for funding of 186 vests,
reflecting both the need for new officers and for routine replacement. Vests have
a life span of five years. The expenditure period for qualified reimbursements
from the 2006 BVP award is retroactive to 4/1/2006 and ends on 9/30/2010.
LOCAL MATCH: The BVP program is designed to pay for up to 50% of the cost
of National Institute of Justice approved vests. A local match is required to pay
for the remaining costs of the vests. Sufficient funds have been identified in the
Police budget to meet the local match requirement.
DECISION MAKER CONFLICTS: 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: Approval of this resolution will result in the appropriation of
$11,215 to the personnel services category of the Police Grant Fund. Sufficient
funds have been identified in the Police budget to meet the 50% local match
requirement. The funding from the Bureau of Justice Assistance will offset the
$11,215 appropriation, resulting in no net fiscal impact.
12-2
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING $11,215 FROM THE BUREAU OF JUSTICE
ASSISTANCE AND APPROPRIATING SAID FUNDS TO THE
POLICE GRANT FUND FOR THE BULLETPROOF VEST
PARTNERSHIP.
WHEREAS, the Bulletproof Vest Partnership is a program of the U.S.
Department of Justice (administered by the Bureau of Justice Assistance)
designed to pay up to 50% of bulletproof vests for law enforcement officers; and
WHEREAS, the Police Department requested funding via the Bulletproof
Vest Partnership program; and
WHEREAS, the Police Department was awarded $11,215 for the
purchase of bulletproof vests; and
WHEREAS, the grant requires a 50% local match which has been
identified in the Police Department budget; and
WHEREAS, acceptance of the Bulletproof Vest Partnership grant will
allow the Department to purchase twenty-one vests.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby accept $11,215 from the Bureau of Justice Assistance
and appropriate said funds to the Police Grant Fund for the Bulletproof Vest
Partnership.
Richard P. Emerson
Police Chief
Approved as to form by:
~~~
Ann Moore (! v
City Attorney
12-3
CITY COUNCIL AGENDA STATEMENT
Item" 1.3
Meeting Date: 11/21106
ITEM TITLE: PUBLIC HEARING: Consideration of a Tentative Subdivision Map
application filed by Villas Del Mar, LLC and known as Villas Del Mar,
Chula Vista Tract 04-06 for 10 single family residential lots on 2.06 acres
on the west side of North Del Mar Avenue between C street and Brisbane
Avenue
RESOLUTION: of the City Council of the City of Chula Vista
adopting Mitigated Negative Declaration and Mitigation Monitoring
Program IS-04-022, and approving and establishing conditions of Tentative
Map for Villas Del Mar, ChuIa Vista Tract 04-06.
SUBMITTED BY: Director ofPlann./ and Building ~
REVIEWED BY: City Manager :/1 (4/5 Vote: es No_X.)
This is an infill subdivision to develop a 2.06 acre, elongated rectangular parcel into IO single
family residential lots, and one common lot containing the access driveway and common
landscaping areas ("Project"). The Project is located at 160 North Del Mar Avenue within a well-
established single-family residential neighborhood ("Project Site").
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act and has conducted an Initial Study in accordance with
the California Environmental Quality Act. Based upon the results of Initial Study, the
Environmental Review Coordinator has determined that the project could result in significant
effects on the environment. However, revisions to the project made by, or agreed to by, the
applicant would avoid the effects or mitigate the effects to a point where clearly no significant
impacts would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program, IS-04-22.
RECOMMENDATION:
Adopt Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program IS-04-
022; and approve Tentative Subdivision Map, Chula Vista Tract 04-06 in accordance with the
findings and subj ect to the conditions contained in the attached Draft City Council Resolution.
BOARDS AND COMMISSION RECOMMENDATION:
On March 6, 2006, the Resource Conservation Commission (RCC) determined that the Initial
Study prepared for the Project was adequate, and recommended adoption of the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program IS-04-022.
13-1
Page 2, Item: 1.3
Meeting Date: 11,!?1jOf.
On May 10, 2006, the Planning Commission considered Rezone and Tentative Subdivision Map
applications to change the eastern 200 feet of the Project Site, from R-l to R-lP6, Residential
Single Family, Precise Plan, 6,000 square-foot lots, and subdiVide the property into 12 single-
family residential lots, one common lot containing the private access drive and a common open
space lot (see Attachment 4).
Due to the shape and topography of the Project Site, the Precise Plan guidelines prepared for the
Project included certain deviation from the municipal code. These deviations included: reduction
in minimum lot size and increase in allowable building height. The l2-lot subdivision provided
lots ranging in size from 4,291 to 5,061, with an average lot size of 4,650.
After hearing staff s presentation and public testimony, the Planning Commission expressed
concerns about number and size of the lots, the number of deviations necessary to accommodate
the Project and the compatibility of the proposed development with the existing surrounding
single-family residential neighborhood. Area residents in attendance also expressed concern
about the potential negative impact the Proj ect could have on the surrounding area, including
traffic and on street parking. Based on these concerns, the Planning Commission voted
unanimously (5-0) to recommend denial of the Project to the City Council (see Attachment 4.)
Subsequently, the applicant worked with city staffto resolve the issues raised at the hearing and
made significant changes to the Project. The revised Project design achieved three major
changes: 1) reduced the number of lots from 12 to 10; 2) increase the lot sizes and the overall
average lot size from 4, 650 sq. ft. to 7,040 sq. ft. consistent with the underlying zone; and 3)
eliminate the previously requested deviations from the CYMC and consequently the need to
rezone the easterly 200 ft. of the Project Site and Precise Plan guidelines. With these changes, the
project is substantially more compatible with the existing residential neighborhood and
consistent with the CYMC and Chula Yista Subdivision Ordinance (CYSO). Based on the above,
the applicant requested to go back to the Planning Commission for consideration of his revised
Tentative Map and obtain their endorsement before the City Council hearing.
Pursuant to Section 2.04.570(B) of the Chula Yista Municipal Code (CYMC), staffrescheduled
the project for Planning Commission reconsideration. On October 18, 2006, the Commission
reconsidered the revised Tentative Subdivision Map application, and after hearing staffs
presentation and public testimony, added draft condition requiring sidewalks on at least one side
of the private drive throughout the project (see Attachment 3, PC Meeting Minutes). The
Commission then approved the Project by unanimous vote (5-0-1, Clayton absent),
recommending the City Council approve the Tentative Subdivision Map based on the findings
and subject to the conditions contained in the draft City Council Resolution with the added
condition requiring sidewalks (see draft City Council Resolution, condition 17).
2
13-2
Page 3, Item: t 3
Meeting Date: 11/71fOI'i
PUBLIC INPUT:
In preparation for Planning Commission reconsideration of tlie Project, city staff scheduled a
neighborhood meeting on September 7, 2006. The purpose of the meeting was to present the
Project changes and obtain input from concerned citizens. While the neighbors acknowledged
that positive changes have been made to the Project, they were still concerned about guest
parking, emergency vehicle access and increase traffic on local streets.
Gnp.st perking
The concern is whether there is an adequate number of guest parking spaces within the Project?
If not there could be an impact on the neighborhood streets. Staff explained that the Project
provides 10 designated guest parking spaces and long driveways to accommodate additional
guests parking for special events. Combined, the Project could accommodate between 29 and 40
spaces which staff believes is adequate.
Fmp.ref':nr.y Vp.hidp. A(y'p.~~'
The concern revolve around the adequacy of the private road width (24 ft.) to accommodate
emergency vehicles and trash trucks. Staff indicated that the Fire Department and Waste and
Recycling Manager had reviewed the revised design and found the private drive adequate to
provide emergency and service vehicle access.
Tr"ffic on T oc"l StrP.P.ts'
Concern was expressed by residents over existing traffic on local streets in the area and the impact
additional vehicle trips from the proposed subdivision could have. (See Section on Traffic/Off-Site
Circulation below)
DISCUSSION:
Project Site Characteristics
Except for an existing occupied single-family residence on the easternmost portion of the site
(near North Del Mar Avenue), the site is vacant and fenced with chain link fencing. The Project
Site is an elongated shaped parcel (661 ft. long x 80-155 ft. wide) located on the west side of
North Del Mar Avenue between C Street and Brisbane Avenue (see Locator Map). Access to the
site is possible from North Del Mar Avenue at the eastern end of the parcel and future Third
Avenue along the west side. However, Third Avenue is currently a "paper street" (a street that
appears on city maps, but is not constructed). Third Avenue is not planned to be improved in the
near future due to the current narrow right-of-way width, slope condition and difficulty acquiring
the additional right-of-way to meet city standards. A 24 ft. wide reciprocal access easement runs
along the north property line serving the subject site as well as the northerly adjacent parcels (see
3
13-3
Page 4, Item: 13
Meeting Date: 11f?VOIi
Tentative Map, Attachment 7.
Surrounding Land Uses
The Project Site is surrounded by single-family homes, apartments and a mobile home park. The
table below describes the surrounding land use designations, zoning and existing land uses in
more detail:
Location
General Plan Zoning Existing Land Use
Designation
Residential- Low RIP6 (except SFDNacant
Medium (RLM) easternmost 200 feet
currently zoned Rl)
Residential- Low Rl Single Family
Medium (RLM) Residential
Residential-Low RIIR3GD. Single Family
MediumlResidential - Residential! Apartments
Medium (RLM/RM)
Residential - Low RI Single-Family
Medium (RLM) Residential
Residential-Medium Mobile Home Park Mobile Home Park
(RM) (MHP)
Site
North
South
East
West
Proj ect Description
The Proj ect consists of removing the existing house and subdividing the Proj ect Site into 10
single-family residential lots, ranging in size from 5,805 to 8,657 square-feet, and one common
lot containing the private road and common landscaping areas. The average lot size is
approximately 7,040 square feet.
Grading
The grading consists of terracing building pads with elevation difference ranging from 2 to 17 ft.
(see Tentative Map, Attachment 7). A 24 ft wide access road, which meanders from north to
south and terminates on a cul-de-sac provides access to each individual lot. The road slopes
approximately 50 ft from North Del Mar Avenue to the center of the cul-de-sac. The steepest
slope is approximately 12%, which is permitted for private access roads. Concrete paving will be
used to maintain proper vehicle traction.
4
13-4
Page 5, Item: 13
Meeting Date: 11/?1/01i
In order to minimize the impacts to the existing topography while at the same time
accommodating the proposed private road through the proj ect, the developer has proposed seven
"split level" lots whereby the retaining walls will be incorporated into the residential structure.
All seven of the proposed split-level lots (Lots 4-10) contain a l2-foot difference in elevation
between the upper and lower pad.
The overall grading program proposes 1,500 cubic yards of cut and 12,500 cubic yards of fill for
a total import of 11,000 cubic yards. The fill dirt is required in order to provide level and split
level building pads large enough to be compatible with the surrounding existing development.
Analysis:
Site: {'nnc:.tr::lintc:.
The proposed project is constrained by the following factors:
. (;onfigJlfation- The parcel is long (661 feet) and narrow(155 feet wide), with only 80 feet
of frontage along North Del Mar Avenue.
. Topograpny- The existing site contains steep terrain which slopes downward to the west.
. Access-Since the applicant only owns a portion of the joint easement at the northern edge
of the property, the proposed 24 foot wide private street, Villas Del Mar Court, contains a
portion centered along the existing easement and remainder entirely within the project
site. The easterly 220 feet of Villa Del Mar Court is proposed to be centered within the
existing easements that combine to serve not only the subject property but also adjacent
properties to the north. The remaining approximately 300 feet is proposed entirely within
the subject site and terminates in a cul-de-sac containing a 90 foot diameter turn-around
for service and emergency vehicles. This private street terminates approximately 130 feet
in from the western edge of the project site. Although the western edge of the project site
is adjacent to North Third Avenue, at this point Third Avenue is a "paper street" and not
suited for improvement to provide access (see discussion under Access/On-Site
Circulation).
Sl1hc11vi~inn Dec:.ien
The eastern 200 foot portion of the site will contain two lots approximately 7,000 square feet in
size in order to ensure compatibility of lot sizes (Lots 1 and 2) with existing surrounding lots.
Lots 5, and 7 are below 7,000 square feet, which is allowed per section 19.24.080 of the CVMC.
This section specifies that 10% of the total number oflots may be a minimum of 5,000 sq. ft. and
20% 6,000 sq. ft. as long as the overall average is at least 7,000 square feet. In this case, the
13-5
Page 6, Item: 13
Meeting Date: llf?1/0h
average lot size will be 7,040 square feet. Letter Lot "A" contains the 24-foot access driveway,
guest parking bays and common landscape areas.
Acc.~~~/nn_.slt~ rirr.nl;:1t;on
Access to the project will be via a 24 foot wide private drive connecting to North Del Mar
Avenue. A twenty foot wide driveway to each lot will be provided off of this private drive. The
terminus of the private street will be a cul-de-sac containing a 90 foot diameter turn-around that
has a concentric 30 foot diameter planter area. The cul-de-sac standards proposed are the same
as those required for public streets. Section 3-404.1 of the City's Subdivision Manual allows
private streets subject to the following criteria: 1) their use is logically consistent with a desire
for neighborhood identification and control of access, and where special overall design concepts
may be involved; 2) the use of private streets shall be limited to cul-de-sacs and to minor local
streets not carrying through traffic and those with a projected traffic volume not exceeding 800
ADT; and 3) private street designations shall be subject to review and approval by the Planning
Commission and the City Council.
The use of a private street minimizes the impacts to the surrounding areas in order to help
maintain the existing topography of the area. Private streets allow for steeper grades than a
public street would allow. As shown in subsequent discussion, an additional 90 ADT's are
projected with this project, well below the 800 ADT maximum. By providing a private street
ending in a cul-de-sac, there will be no concern about through traffic. The Fire Department has
reviewed the proposal and has determined that the proposed turn-around radius meets Fire
Department requirements.
Although North Third Avenue abuts the western edge of the property only half of the needed
right-of-way width for public residential street (30-feet) has been granted for a public street.
There are currently no street improvements in place. The applicant is not proposing and staff
does not support the use of Third Avenue as providing access to the development. Staff is
requiring twenty-foot paved access for sewer maintenance purposes beginning at the terminus of
the on-site cul-de-sac in a westerly direction to the property line and then in a northerly direction
along North Third Avenue approximately 500 feet (see Attachment 6, Figure 1). However,
widening of the Third Avenue easement in order to create a public road would be difficult due to
both topographic constraints as well as potential negative impact to the mobile home park located
to the west. Further, if an access road were to be provided by the applicant along North Third
Avenue, there is no room to provide a turn around that would meet the requirements of the
Engineering, Fire and Public Works Departments.
Tr"ffi~/Off-Sit" rir~lllMion
A number of residents living near the project site have expressed concerns both in writing and
verbally at the neighborhood meeting of September 7, 2006 regarding project traffic impacts to
6
13-6
Page 7, Item: 13
Meeting Date: 11/?1/0h
the area (see Attachment 5). Although a traffic study was not required for this Project, staff
consulted with the City's Traffic Engineering Division who subsequently conducted some traffic
counts in the area and who provided the following summary analysis.
The proposed project is 10 single family homes with one existing single family home to be
demolished. Therefore, the traffic impacts are for the net additional 9 homes. Using a trip
generation rate of 10 vehicle trips per home assumes a total project traffic impact of
approximately 90 vehicles per day.
Engineering staff completed traffic counts in the area of the subject project. From March 22
through March 24, 2006 traffic counts were completed on North Second Avenue between
Bayview Way and Shirley Street. Also, speed and volume counts were conducted on North Del
Mar Avenue between Vista Del Mar Court and Nixon Place. The results of the data are as
follows:
North Second Avenue
North Second Avenue has an average daily traffic count of approximately 7,287 vehicles per day.
Of this total 3491 (48%) were in the northbound direction and 3796 (52%) in the southbound
direction. The percentage split shows that it is approximately evenly distributed. Since North
Second Avenue is a collector street, it circulates localized traffic as well as distributes traffic to
and from arterials and other collectors to access residential areas. The roadway design capacity is
7,500 vehicles per day according to the City's Subdivision Manual. At 7,287 trips per day, the
roadway is under design capacity and within design limits. This means that the roadway has
moderate volumes but would have minimal delays throughout most of the day and minimal to
some minor delays during certain peak hours of the day. The delays during the peak periods
would primarily be traffic queued up at the all-way stop sign at the intersection of North Second
Avenue and C Street.
North Del Mar Avenue
The residential street North Del Mar Avenue has an average daily traffic count of approximately
167 vehicles per day. Of this total 10 1 (60%) were in the northbound direction and 67 (40%) in
the southbound direction. The percentage split shows that it is almost a 2: 1 ratio for northbound
versus southbound vehicles. Since North Del Mar Avenue is a residential street, which is meant
to be the roadway that generates local trips, the roadway design capacity is 1,200 vehicles per
day. The volume today is 14% of the design capacity and with the project, all of the traffic has to
utilize North Del Mar Avenue. The traffic volume with the project increases to 23% of the
design volume. This 23% figure represents a level of service "A" (less than 60% design
capacity) which means that the roadway would still not be expected to have any delays since the
low volumes would mean that conditions are generally free flow throughout the day. It would
take approximately 720 vehicles per day for the level of service on this street to decease to level
7
13-7
Page 8, Item: 13
Meeting Date: 1 V?1jOh
of service "B", which would still be acceptable.
The speed count data showed that on this 25 MPH roadway,northbound speeds averaged 18
MPH and 85% of the vehicles were at 24 MPH or lower. For the southbound direction, the
average speed was 21 MPH and 85% of the vehicles were at 28 MPH or less. The southbound
direction has a downward grade as it approaches the stop sign at the T -intersection with C Street.
Bayview Way
Bayview Way is a residential street with no curb improvements and one-lane in each direction.
According to the City's Subdivision Manual, design capacity is 1200 Average Daily Trips
(ADT's). A recent traffic count conducted at the project frontage showed ADT's of 167 vehicles
per day. Therefore, with the project's anticipated 90 trips per day increase, expected volume of
traffic on Bayview Way will be less than 300 vehicles per day, which is still acceptable on this
local street. The proposed increase in project traffic impacts on the level of service of Bayview
Way would not change from level of service "A".
The City's Subdivision Manual design criteria for streets states that residential streets should
provide access to not more than 120 tributary dwelling units. This proj ect area has
approximately 62 dwelling units and with the proj ect, the total will increase to 73 dwelling units
served by the existing three access points; Bayview Way, Shirley Street and North Del Mar
Avenue. Since the design criteria also states that single family residential development shall not
exceed 120 residential lots unless two points of access are provided and there are three points of
access, the project does not create any traffic impacts on the local roadway network. The three
access points serve to better distribute the local traffic in this area.
P"rking
A two car garage is required and proposed for each of the 10 units. No parking will be allowed
along the private drive. The applicant is proposing 10 guest parking spaces on site, in two
parking bays, four spaces at the northwest edge of Lot 2 and six spaces at the cul-de-sac (see
Tentative Map, Attachment 7). In addition, there is room for approximately 3 on-street parking
spaces along N. Del Mar Avenue lot frontage. While no parking will be allowed along the private
drive, the individual access driveways could provide additional opportunities to accommodate
guest parking. The site could potentially provide for a combined total of between 29 and 40
guest parking spaces see Attachment 6, Figure 2) In order to affirm guest parking availability, the
following restrictions would be required in the Covenants, Conditions, and Restrictions
(CC&R's) for the project:
· Garages must be free and clear to allow for parking of 2 vehicles at all times
. No on-street parking along private drive
. Driveways should be available to provide opportunities for parking of 2-4 guest vehicles.
13-8
Page 9, Item: 1.3
Meeting Date: 11/71/06
Staff finds the proposed provision for guest parking more than adequate. In this particular instance,
more guest parking will be accommodated than in a typical subdivision which does allow for on-
street parking. The combination of one marked guest space per lot and the potential additional
parking on individual driveways could accommodate at least two additional guest spaces provides a
total of at least 3 guest parking spaces per unit. On-street parking for a subdivision providing
public street access, usually has room for only I to 2 parking spaces along the street for each lot. In
addition, the applicant will require the new homeowner to sign an agreement at the time of purchase
of the lot, accepting the CC & R's rules and regulations, which will include restrictions noted
above.
Dr::lln;:!!:A
Stormwater will be collected within the roadway with curb inlets, and from private property with
the use of catch basins and culverts, with provisions for easements where required. The
collectable storm water will be directed to a proposed underground detention system and will be
discharged-controlled before exiting at the northwest corner of the properly. From this point, the
stormwater will flow over the surface on Third Avenue as it had done in the past.
The development will be required to comply with City's NPDES requirements and all water
quality issues.
Public Facilities
.water
The Sweetwater Authority has indicated there is a 6-inch main located on the east side of North
Del Mar A venue. The owner will need to install a water main to this proj ect. To date, the owner
has signed and returned the Authority's design requirement letter and paid the requested deposit
for engineering review.
&=
There are currently no sewer mains abutting the property that would allow for gravity-type flow.
The applicant proposes an off-site sewer main extension through the Third Avenue right-of-way
to the northwest. They will connect to an existing manhole approximately 267 feet northwesterly
within the Third Avenue right-of-way, and install a public 8" PVC sewer main, with concrete
encasement for the shallow installation up to the southwest corner of the site, then easterly into
the proposed Villas Del Mar Court cul-de-sac, and thence traverse up Villas Del Mar Court until
terminating in front of proposed Lot 1. In addition, the developer will construct a 15 fl. wide
roadway surface along the length of the portion of Third Avenue that will be served by the
9
13-9
Page 10, Item: 12J
Meeting Date: 11/'1/0h
proposed line in that right-of-way. The developer must grant an easement to the City of Chula
Vista for maintenance ofthe proposed lines.
S~hools
The project is within the boundaries of the Chula Vista Elementary School District, which serves
children Kindergarten through Grade 6. Both schools have indicated that there is sufficient
capacity to accommodate the elementary school students and middle and high school students
generated by the Project. The applicant would be required to pay applicable developer fees
based upon assessable area.
Earks
Applicant will be required to pay in-lieu park fees.
Proj"d romrli"n~" with Growth M"n"g"m"nt
This project is below the threshold required to prepare a Water Conservation or Air Quality
Improvement Plan.
Conflict ofInterest
Staff has reviewed the proposed holdings of the City Council and has found no holdings within 500
feet of the boundaries of the property which is the subject of this action.
CONCLUSION:
For the reasons stated above, staffrecommends the City Council agree with the recommendation
of the Planning Commission and approve the draft City Council Resolution adopting the
Mitigated Negative Declaration and Mitigation Monitoring Program and approve Villas Del Mar
Tentative Subdivision Map based on the findings and subject to the conditions contained therein.
FISCAL IMPACT:
The applicant has paid all costs associated with the processing of the proposed tentative
subdivision and will be responsible for paying corresponding Development Impact Fees and
other applicable development fees, as they may be amended from time to time.
10
13-10
Page 11, Item: t.3
Meeting Date: 11/?1jOIi
A tt::lc-nmpnt~
1 Locator Map
2 Mitigated Negative Declaration and Mitigation Monitoring Program
3 Planning Commission Resolution and Minutes for October 18, 2006
4 Planning Commission Resolution and Minutes for May 10, 2006
5 Letters from Area Residents
6 Figures
7 Tentative Subdivision Map
8 Ownership Disclosure Form
1: plamringlcasefilesl05\PCZ 05-031.. .\Villas Del MarlCCIstaffreportslCityCouncillAI13forlnovember2006FINAL
11
13-11
13-12
ATTACHMENT 1
LOCATOR MAP
13-13
T ".........,r-1 I. rTl.....,.,..........
ATTACHMENT 2
MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING PROGAM
13-14
Mitigated Negative Declaration
PROJECT NAME:
Villas Del Mar
PROJECT LOCATION:
160 N. Del MarAvetme "
ASSESSOR'S PARCEL NO.:
APN #563-290-0400
PROJECT APPLICANT:
Villas Del Mar Development LLC
Frederico Escobedo
CASE NO.:
IS-04-022
DATE OF DRAFT DOCUMENT:
February 27, 2006
DATE OF RESOURCE CONSERVATION CONlMISSION MEETING: March 6, 2006.
DATE OF FINAL DOCUMENT:
April 4. 2006 !Revised 9/2112006)
PREPARED BY:
Maria C. Muett
Revisions made to this document subsequent to the is~uance of the notice of availability of the draft Mitigated
Negative Declaration are denoted by underline.
Background
A Mitigated Negative Declaration 0S-04-022) was prepared for the Villas Del Mar Proiect. which involved the
residential development of the 2.06-acre parcel within the western portion of the City. The Resource
Conservation Commission recommended adoption of the Mitigated Negative Declaration at their March 6.
2006 Meeting. On April 3. 2006 the Design Review Committee approved design of the proiect; The Planning
Commission recommended denial. of the project on Mav 10. 2006. The proiect has since been redesigned
reducing the number of proposed lots from 12 to 10 lots. The proiect is scheduled for review bv the Plannio"
Commission on October 18. 2006. The changes to the proposed proiect are minor with no additional
environmental impacts or issues identified that are not alreadv covered under. the Mitigated Negative
Declaration IS-04-022 addressed in the earlier proposal. Pursuant to CEOA Guidelines Section 15073.5(c)
recirculation of the Mitigated Negative Declaration is not required.
A. Prolect Setting
The 2.06-acre project site is located at 160 N. Del Mar, within the urbanized area of Western Chula
Vista, (Exhibit 1- Location Map). The site is adjacent to N. Del Mar Avenue and near Vista Del Mar
Court and N. Third. Avenue. Primary access to the site is currently provided off of N. Del Mar .
A venue through a private road easement shared by properties to the north. The rectangular-shaped
flag lot site is covered with nattirally vegetated land, dry grasses and slopes from a gentle gradient to
steeper slopes towards the west. The entire project site has been partially disturbed with previous
uses including a single-family residence, garage and small accessory structtires. The land uses
immediately surrounding the project site are as follows:
North:
South:
East:
West:
Single-Family Residential
Single-Family and Multi-Family Residential
Single-Family Residential
Mobile Home Park
13-15
B. Proiect Descrintion
.'
The proposal consists of subdividing the project site into H 10 single-family parcels. Access to the
site would be provided via a private road entrance off of N. Del Mar Avenue. The project includes
the demolitiou and replacement of an existing single-family residence. The remaining U 2 parcels are
designed for single-f8.mily residential development. Proposed on'site improvements include drainage
facilities, sewer system facilities, fire hydrants, retaining walls,. fencing, improved paved areas, open
space and landscape treatments: The proposal includes a Design Review Permit for. a Precise Plan, a
Rezone to change a portion of the property zoned Rl to RIP6, as well as a Tentative Map. The
project is subject to a Habitat Loss and Incidental Take (HUT) permit in accordance with the City of
Chula Vista Multiple Species Conservation Program Subarea Plan.
C. Comnliance with Zoning and Plans
The proposed project site is within the. General Plan LM (Low-Medium Residential Density/3-6
dwelling units per acre) and Rl and RIP6 (Single Family ResidentiallPrecise Plan) Zone. The
proposal includes a rezone of the RI portion of the site' to RIP6 area, thus creating an overall RIP6
zone. The pro-posed project has been found to be consistent with the applicable site development
regulations and the General Plan. .
D. Public Comments
On December 22,2005, a Notice of Initial Study was circulated to property owners within a SOO-foot
radius of the proposed project site. The public review period ended January 4, 2006. Two verbal
comments were received during this period regarding traffic circulation, density and unidentified sand
fill materials on site. The issues regarding traffic and undocumented fill are addressed in the
Mitigated Negative Declaration sections below.
On March I. 2006. the Notice of Availability of the Pronosed Mitigated Negative Declaration for the
proiect was posted in'the County Clerk's Office and circulated to property owners within a SOO-foot
radius of the pro;ect site. The 30-dav public comment period closed on March 30. 2006. A written
comment letter was received from the Sweetwater Authority. The issue included minor edits to the
Utilities/Service Svstems portion of the Initial Study Cbecklist/Mitigated Negative Declaration. Other
comment letters were received by the Planning Denartment but not addressing the -adequacv of the
Mitigated Negative Declaration.
E. Identification ofEnviromental Effects
An Initial Study conducted by the City of Chula Vista (including an attached Enviromental
Cbecklist form) determined that the proposed proj ect may have potential significant enviromental
impacts however; mitigation measures have been incorporated into the project to reduce these impacts
to a less than significant level. . This Mitigated Negative Declaration has been prepared in accordance
with Section 15070 of the State of California Quality Act (CEQA) Guidelines.
Air Ouality
Short-Term ConstrUction Activities
The proposed project will result in a short-term air quality impact created from construction activities
associated with the proposed proj ect. The grading of the site for future single family residential
development and worker and equipment vehicle trips will create temporary emissions of dust, fumes,
equipment exhaust, and other air pollutants associated with.the construction activities. Air quality
impacts resulting from construction-related operations are considered short-term in duration.
. 13-16
In order to analyze potential project impacts/emissions, the emission factors and threshold criteria
contained in the 1993 South Coast All Quality Management District CEQA Handbook for All
Quality Aualysis were used.
Table 1 below provides a comparison of daily construction errllssions to the SCAQMD's emission
thresholds of significance for each criteria pollutant. Emissions were calculated using the URBEMIS
2002 model. The addition of emissions to an air basin is considered under CEQA to be a significant
impact. Implementation of the Mitigation Measure 1 contained in Section F below would mitigate
short-term construction-related air quality impacts to below a level of significance. These measures
are included as a part of the Mitigation Moriitoring and Reporting Program.
Table 1.0
Project Estimated Construction Emissions 2006/2007*,
Pollutant CO ROG 'NO, 802 PMIO
Miti.ated (Ibs/dav) (Ibs/dav) (Ibs/day) Ibs/day !1bs/day/totan
Construction
equipment and 82.19 59.51 '59.06 .31 7.39
orading
Significance
Tbreshold 1 550 75 100 150 150
Exceed No No No No No
threshold
ROG is used in the Air Quality Model cmd VOC is used in the SCAQMD Threshold Criteria. For the purpose of
this analysis, ROG is used in this model.
Combined Short-Term and Long-Term Impacts
In order to asSess whether the project's contribution to ambient arr quality is cumulatively
considerable, the project's operational emissions were quantified. The proposed project once
developed will not result in significant long-term air quality impacts. The minimal project genetated
traffic vohnne would not result insignificaJit long-term local or regional air quality impacts. Through
project design, emission-controlled construction vehicles and efficiency building product, no area
source or operational vehicle emission estimates will exceed the All Quality significance thresholds;
therefore, no mitigation measures are required. Refer to Table 2.0 below.
Table 2.0
'Project Esfunated Area and Op'erationaI Einissions 200612007*
Pollutant CO ROG NOx 802 PMlO
Mitigated . (Ibs/day) (lbsl!:Iay) (Ibs/day) (lbs/day) (Ibs/day)
Vebicle 15.04 1.23 1.49 om 1.36
Emissions
Area Sources 0.52 1.08 0.15 0.01 0.00
Total 15.56 2.31 1.64 0,02 1.36
Significance 550 55 55 150 150
Tbreshold]
Exceed No No No No No
Tbreshold
'Source SCAQMD CEQA Hcmdbook Air Quality Model 1993
1 South Coost Air Quality Managrnumt District/Air Quality Significance Thresholds
13-17
Biological Resources
A Biological Resource Analysis was prepared by Pacific Southwest Biological Services, Inc., dated
January 19, 2006, to assess the potential biological resource impacts of the project. A biological
reconnaissance survey of the project site was conducted on May II and June 2, 2005 to identify
existing vegetation on the site. On-site surveying included zoological assessment conducted by a
qualified zoologist on May 19,2005. The biological resource ~alysis is su=arizedbelow.
The 2.06-acre project site. consists of 0.11 acres of developed land and approximately 1.844-acres of
disturbed habitat. The site is located in an area designated as a urban/development area under the
. City's Multiple Species Conservation Program (MSCP) Subarea Plan. The surrounding land to the
west, north, east and south are currently developed with residential uses. A portion of the north=
property is currently vacant and undeveloped. The already disturbed site contains Eucalyptus trees,
urban/developed land, non-native grassland vegetation and portions of earlier salt marsh vegetation,
specifically lmown as Cismontane Alakali Marsh co=unity.
The project site is located within in the City of Chu1a Vista MSCP Subarea Plan boundary in an area
designated as a "Development Area." Under the Subarea Plan, the proposed project is subject to the
requirements under the Habitat Loss Incidental Take (HLIT) Ordinance. In accordance with the
HLIT Ordinance,. those projects that are greater thim one acre, contain sensitive biological resources,
and are located outside of the "Covered Projects," must demonstrate compliance with the Ordinance
and' obtain Take Authority from the City of Chula Vista for impacts to Covered Species. The
following is a sunnnary of the findings and impacts contained in the updated biological report as
required by the City's HLIT Ordinance, Section 17.35.
Vegetation Impacts
The biological report detennined that the development of the project would result in imp.acts to 1.14
acres of Non-native Grassland (NNG) habitat. According to the MSCP Subarea Plan, NNG is
designated as Tier III (co=on uplands) habitat. Impacts to this habitat must be mitigated in
accordance with the City's MSCP Subarea Plan. Tills can be accomplished by providing evidence
that the NNG or. equivalent credits in a offSite niitigation preserve bank has been acquired to the
satisfaction of the City's Planning and Building. Department Director. Implementation of the
mitigation measures identified in Section F of this Mitigated Negative Declaration will reduce
identified indirect biological impacts to a level below significance.
Salt Marsh Vegetation Community
Along the northwestern portion ofthe project site, a tidal marsh that was once part of the S"yeetwater
River Estuary was identified. Early history records indicated that the constrnctionofthe flood control
levees and SR 54, elinrinated any tidal activity. Tills area is dominated by non-native grasses and
shaded by eucalyptus trees. According to the biological resource study and concurred by the City's
third-party Biological Resource consultant, there are no hydrologic conditions that support the
Cismontane Alkali marsh vegetation, and those that were discovered were likely leaching out of the
existing alkaline salt area. The federal and state agencies that have jurisdiction over wetlands and
associated areas are not likely to consider this Alkali marsh remnant to be significant under their
jurisdiction, and would not be considered a jurisdictional authority of the U.S. Army. Corp of
Engineers subject to 404 Take Permit regulations. Tills area is being avoided through project design,
as it is located within the IS-foot setback along the north boundary of the project site. Tills feature
does not function as a wetland nor as a salt marsh vegetation co=unity.
In order to ensure avoidance of the habitat, prior to the issuance of any clearing, grading or
construction permits, orange biological fencing will be installed around the remnant marsh area
13-18
within the IS-foot property line setback, near Lot M ~ in accordance with the development plans and
to the satisfaction of the Enviromental Review Coordinator. The City's J'vfitigation Monitor will
conduct periodic site" visits to verify the placement of tbe biological fencing and to ensure that all
construction activities remain within the approved limits of grading. Implementation of the mitigation
measures identified in Section F of this J'vfitigated Negative peclaration will reduce potentially
significant biological impacts to a level below significance.
AnimallWildlife Species Impacts
The Non_native Grassland habitat, open space areas near the site, and the eucalyptus trees along the
northern boundary could be used as foraging habitat by common raptorial sensitive species of the
area. These species include Red-shouldered Hawks, Cooper's Hawks, and Red-tailed Hawks.
Impacts associated with clearing and grading activities upon raptor nesting are considered potentially
significant. Therefore, a pre-construction survey for nesting raptors will be required. A copy of the
preconstruction survey results and recommendations must be submitted to the City's Enviromental
Review Coordinator for review and approval.
In addition, the applicant will be required to provide evidence that the impacted area of NNG has
been properly mitigated in an off site mitigation bank to the satisfaction of the City's Planning and
Building Director. Implementation of the mitigation measures identified in Section F of this
Mitigated Negative Declaration will reduce potentially significant biological impacts to a level below
significance.
Habitat Loss Incidental Take (HLfl) Permit
Due to the impacts to the Tier III habitat, Non-native Grasslands, the applicant will be required to
meet the Habitat Loss Incidental Take (HUT) findings and obtain a HLIT Permit from tbe City of
Chula Vista in accordance with tbe City's HLIT Ordinance (Section 17.35 oftbe CYMe).
Landscape Treatments
Based upon remnant Alkali Marsh vegetation identified on tbe project site, any proposed landscaping
must not contain invasive vegetation that has the potential to infiltrate this habitat. In order to ensure "
that this existing area is protected from invasive vegetation, prior to the issuance of a grading permit
the applicant will be required to prepare and submit a final landscape plan/palette to tbe City's
Enviromental Review Coordinator for review and approval. Implementation of tbe mitigation
measures identified in Section F of this J'vfitigated Negative Declaration will reduce potentially "
significant biological impacts to a level below significance. This measure is included as part of tbe
J'vfitigation Monitoring and Reporting Program (See Section F).
Geology and Soils
To assess tbe potential geological/soils impacts of the project, a Geotechnical Investigation evaluation
was prepared by Geocon Incorporated/Geotechnical Consultants, dated November 18, 2003. The
study indicated that there are no known active faults existing on tbe proj ect site or in tbe immediate
area. The closest known active fault is the Rose Canyon Fault located approximately 4.7 miles west
of the project site. The liquefaction potential on tbe site is considered to be low due remedial grading
recommendations, the presence of shallow and dense materials and tbe lack of shallow groundwater
over a majority of the project site. The groundwater level will fluctuate with seasonal rain and local
soil absorption. No significant geological or soil impacts would be created as a result of the proposed
project as conditioned.
13-19
The geotechnical study indicates that a small area in the mid/eastern section of the project site
contains undocumented fill materials. The geotechnical study includes recommended measures for
the removal of unsuitable or recompaction of any suitable fill materials to mitigate significant
geological impacts. Prior to building permit issuance the applicant will be required to comply with
all the recommendations presented in the study. Details of the undocumented fill are disclosed under
the HazardsiHazardous Materials Section below.
Submittal of a final soils report will be required prior to the issuance of grading permits to the
satisfaction of the City Engineer. The mitigation measures contained in Section F below would
mitigate potential geological/soils impacts to a less than significance level. These measures are
included as a part of the Mitigation Monitoring and Reporting Program.
Hazards and Hazardous Materials
Site History
Information provided by the current owner, historic aerial photographs, historic records/zoning/land
use records and surrounding property owners indicate that the site has been mostly used for
residential purposes. Information provided by a nearby resident indicated that a previous owner has
deposited undocumented fill on the project site. Since that time, much vegetation, dirt, and debris has
covered the remainder portion of the site.
Phase 11 Phase II
A Phase I/Phase II Environmental Site Assessment was prepared by Geocon, Inc., dated February 3,
2006, in order to assess the potential recognized environmental conditions or likely presence of any
hazardous substances or petroleum products into building structures, ground soil, ground water, or
surface water of the proj ect site.
On January 20, 2006, a total of24 soil samples was. collected from four borings within the middle and
eastern portion of the project site. In addition, a sample of sandy material was collected from an atea
that appeared to be the disposal location of the sandblasting waste. The fill included sandblasting
debris materials consisting of sticks, bricks, and plastic sheeting. Geocon Incorporated confirmed
that no groundwater was encountered in any ofthe trenches excavated during their investigation.
Concentrations of high PCBs or other potential contaminants were not detected in any of the
composite samples. Based upon the comparison of the various sampling concentrations and the
limitations encountered during the sample collection of the sandy material, Geocon recommended
further assessment, proper excavation and proper disposal. None of the CCR Title 22 Metals were
detected above respective limits.
On January 27"' and 30"', 2006 approximately 30 cubic yards of undocwnented fill/sandy material
was removed and taken to an authorized classified waste disposal facility. The material was
manifested as a non-hazardous waste solid due to its low concentrations as determined by the
analytical testing. After the removal of the sandy material additional confirmation soils samples were
collected from the ground surface beneath the former pile. These additional soil samples were
analyzed and no PCBs or other contaminants were detected at or above the laboratory detection limit
in any of the additional soil sa.n;p1es.
According to the complete Phase IT, the disposal of the undocumented fi1l/sandy material and
underlying groundwater do not pose a threat to public health. No significant hazards/hazardous
materials impacts are anticipated as a result of the proposed project, therefore, no mitigation measures
are required.
13-20
In the event any additional areas of waste are encountered during the project development, those areas
should be assessed by a qualified enviromental site assessor and handled accordingly. Evidence of
such analysis and necessary remediation or removal, will be submitted to the Environmental Review
Coordinator for review and determination.
Lead rmd Asbestos
The project proposal includes the demolition of the existing residence, garage and accessory
structures. The potential exists for impacts to result from the demolition of structures that may
contain lead and asbestos. Therefore, prior to any demolition activities, a licensed and registered
asbestos and lead abatement contractor will perform asbestos and lead-based paint abatement in
accordance to all applicable local, state and federal laws and regulations, including San Diego County
Air Pollution Control District Rule 361.145 - Standard for Demolition and. Renovation. The
mitigation measures contained in Section F below would mitigate potential hazards/hazardous
materials impacts to a less than significant level. These measures are included as a part of the
Mitigation Monitoring and Reporting Program.
Septic Tanks
The project site is currently serviced by a septic tank system, below ground, located north of the
existing residence. Any eqnipment associated with the septic system should be removed and disposed
of in accordance with applicable standards and regulations. In the event any suspicious chemical
odors, or other potential enviromental concerns are encountered, a qualified professional will be
required to assesS the areas of concem. Including the preparation and submittal of a written analysis,
identifying the areas of concern with appropriate measures, to the Enviromental Review Coordinator
for review. The mitigation measures contained in Section F below would mitigate potential
hazards/hazardous materials impacts to a less than significant level. These measures are included as a
part of the Mitigatio,! Monitoring and Reporting Program.
Hvdrology and Water Qualitv
The existing site' drains from east to west, running from North Del Mar Avenue to Third Avenue.
The drainage on North Del Mar Avenue remains in the right-of-way, peaking at the connection point
to the proposed Villas Del Mar Court. Drainage from the lots along the south property line is diverted
by existing ditches and discharged onto Third Avenue to the west. The drainage flows from the lots
to the north, in a northwesterly direction, away from the subject property. The drainage system for
the subject site is designed to handle flows generated from the site plus a portion of the existing
residence.
The proposed drainage improvements include an underground detention system within the park/open
space area of Lot A, detention discharge control structure, private drainage easements, rip rap and
filtration system at the western comer of the project site. No offsite grading or construction activities
for any il,1frastructure improvements is proposed within the northern 15 foot property setback near the
alkali marsh vegetation area.
According to the Engineering Department, the proposed improvements are adequate to handle the
project storm water runoff generated from the site. Additional Best Management Practices (EMFs)
included as part of the project design consist of a storm drain inlet protection system, rip rap outlet
protection, protection of access and perimeter containment measures including open space and
landscaped treatments throughout the project site.
As' a standard condition, a final drainsge study will be required in conjunction with the preparation of
the project grading plans. Properly designl'3~~age facilities will be installed at the time of the site
development to the satisfaction of the City Engineer. In addition, compliance with required NPDES
regulations and B:MPs will reduce water quality impacts to a less than significant level. These
measures are included as a part of the Mitigation Monitoring and Reporting Program (See Section F).
Wastewater Management Services/Sewer System
The project site is within the boundaries of t.1.e City of Chula Vista wastewater services area. The
existing area sewer facility system includes sewer lines along Bayview Way and along Vista Del Mar
Court. There are currently no sewer mains abutting the property that would allow for gravity-type
flow. Therefore an off-site mam extension through the Third Avenue right of way, and an 8" PVC
sewer main up to the southwest comer of the subject site and into the proposed project court cul-de-
sac are proposed to service the residential lots. The applicant will be required to submit a final sewer
plan to the satisfaction of the City Engineer. The applicant is required to grant an easement to the
City of Chula Vista wastewater services for the purpose of maintenance of the proposed sewerlines.
No significant impacts to the City's sew'er system are anticipated as a result of the proposed project.
F. Mitigation Necessary to Avoid Significant Impacts
Air Quality
1. The following air quality mitigation requirements shall be shown on all applicable grading, and
building plans as details, notes, or as otherwise appropriate, and shall not be deviated from unless
approved in,advance in writing by the City's Environmental Review Coordinator:
. Minimize simultaneous operation of multiple construction equipment units.
. Use low' pollutant-emitting construction equipment.
. Use electrical construction equipment as practical.
. Dse catalytic' reduction for gasoline-powered equipment.
. Use injection-timing retard for diesel-powered equipment.
. Water the construction area twice daily to minimize fugitive dust.
. StabiliZe graded areaS' as quickly as possible to minimize fugitive dust.
. Pave permanent roads as quickly as possible to minimize dust.
. Use electricity from power poles' instead of temporary generators during building, if
available.
. Apply stabilizer or pave the last 100 feet of internal travel path within a construction site
prior to public road entry.
. Install wheel washers adjacent to a paved apron prior to vehicle entry on public roads.
. Remove any visible track-out into traveled public streets within 30 minutes of occurrence.
. Wet wash the constructiou access point at the end of each workday if any vehicle travel on
unpaved surfaces has occurred.
. Provide sufficient perimeter erosion control to prevent washout of silty material onto public
roads.
. Cover haul trucks or maintain at least 12 inches of freeboard to reduce blow-off during
hauling.
. Suspend all soil disturbance and travel on unpaved surfaces if winds exceed 25 miles per
hour.
13-22
Biological Resources
2. To avoid any impacts associated with construction noise, construction must occur outside of
the breeding season for nesting raptors (January IS through July 31). If construction must
occur during the breeding season for these species, prior to initiating any construction-related
activities (including clearing of vegetation, grubbing, aiJ.d grading), pre-construction surveys
must be performed by a City-approved biologist to detennine the presence or absence'of
nesting raptors within 500-feet of the construction area. The pre-construction survey must be
conducted within 10 calendar days prior to the start of construction, the results of which must
, be submitted to the City's Enviromental Review Coordinator for review and approval prior
to initiating any construction-related activities. If nesting raptors are detected, a noise
mitigation plan shall be submitted and approved by the City's Enviromental Review
Coordinator prior to initiating any construction related activities.
3. Prior to the issuance of any land development permits including clearing, grading or
construction permits, temporary orange biological fencing shan be installed around the
existing remnant Cismontane Alkali Marsh plant area-and reflected in the grading plans.
Fencing must be constructed in accordance with the development plans to the satisfaction of
the Enviromental Review Coordinator. The City's Mitigation Monitor will conduct periodic
site visits to verify the placement of the biological fencing and to ensure that all construction
activities remain within the approved limits of grading.
4. Prior to the issuance of any land development permits including clearing, grading or
construction permits, the applicant obtain a Habitat Loss Incidental Take (HUT) Permit from
the City for imPacts to Tier III habitat (Non-native Grasslands) in ac~ordance with the City's
HLIT Ordinance, Section 17.35.
5. Prior to the issuance of any land development permits including clearing, grading or
construction permits, the applicant shall submit evidet:tce that 1.14 acres of Non-native
Grassland or equivalent credits have been permanently secured in a mitigation bank to the
satisfaction of the Planning and Building Director.
6. Prior to issuance of a grading permit, the applicant shan prepare and submit a final landscape
plan/palette to 'the City's Enviromental Review Coordinator for review and approval to
ensure landscaping at the rear of Lot .w ~ within the property line setback, will be non-
invasive and compatible with the existing alkali marsh vegetation.
Geological
7. Prior to the issuance of construction permits, the applicant shall provide evidence to the City
Engineer that al1 the recommendations in the Geotechnical Investigation, dated November 18,
2003 have been satisfied.
HazardslHazardous Materials
8. Prior to any demolition activities, a licensed and registered asbestos and lead abatement
contractor shal1 perform asbestos and lead-based paint abatement in accordance to al1
applicable local, state and federal laws and regulations, including San Diego County Air
Pollution Control District Rule 361.145 - Standard for Demolition and Renovation.
9. Prior to the issuance of any construction permits, any equipment associated with the septic
system shall be r=oved from the project site and disposed of in accordance with the
applicable County of San Diego Department of Enviromental Health Services regulations. If
any chemical odors or potential enviromi1ental concerns are encountered, a qualified
13-23
professional shall assess the area and submit a written report to' the Environmental Review
Coordinator for review.
Hvdrology and Water Quality
10. Prior to the issuance of a grading permit, the City Engin<2er shall verify that the final grading
plans comply with the provisions of California Regional Water Quality Control Board, San
Diego Region Qrder No. 2001-01 with respect to construction-related water quality best
management practices.
II. Prior to the issuance of a grading permit, a final drainage study shall be required in
conjunction with the preparation of the final grading plans. The City Engineer shall verify
that the fmal grading plans comply with the provisions of California Regional Water Quality
Control Board, San Diego Region Order No. 2001-01 with respect to permanent, post-
construction water quality best management practices (BrviPs). If one or more of the
approved post construction BrviPs is non-structural, then a post-construction BrviP plan shall
be prepared to the satisfaction of the City -Engineer prior to the commencement of
construction. Compliance with said plan shall become a permanent requirement of the
Mitigation Monitoring and Reporting Program.
12. Prior to the issuance of a grading permit, temporary desilting and erosion control devices'
shall be installed. Protective devices shall be provided at every storm drain inlet to prevent
sediment from entering the stonn drain system. These measures shall be reflected in the
grading and improvement plans to the satisfaction of the City Engineer.
G. Agreement to Implement Mitigation Measures
By signing'the line(s) provided below, the Applicant and Operator stipnlate that they have each read,
understood and have their respective company's authority to and do agree to the mitigation mea,sures
contained herein, and will implement same to the satisfaction of the Environmental Review
Coordinator. Failure to sign the line(s) provided below prior to posting of this Mitigated Negative
Declaration with the County _ Clerk shall indicate the Applicant's and Operator's desire that the
Proj ect be held in abeyance without approval and that the Applicant and Operator shall apply for an
Environmental Impact Report.
<C n- 1? - I (1
4"l",ll.eru..v JC-dOUJO-
Printed Name and Title of Applicant
(or authorized repr ntati;e) /7
/ /: L
Signa1ire 51:Ap cant l.'
(or authoJZlZed representative)
~C'J," · J l Y
'bJz 7 /O?
Date /
Z/?7/o0
Ikte I
N/A
Printed Name and Title of Operator
(if different from Applicant)
Date
N/A
Date
Signature of Operator
(if different from Applicant)
13-24
H. Consultation
1. Individuals and Organizations
City of Chula Vista:
Marilyn Ponseggi, Planning and Building Department
Marisa Lundstedt, Planning and Building Department
Steve Power, Planning and Building Department
John Schmitz, Planning and Building Department
Maria Muett, Planning and Building Department
Glen Laube, Planning and Building Department
Josie Gabriel, Planning and Building Department
Jeff Steichen, Planning and Building Department
Richard Zumwalt, Planning and Building Department
Sohaib Al-Agha, Engineering Department
Frank Rivera, Engineering Department
Samir Nuhaily, Engineering Department
Alex Al-Agha, Engineering Department
Beth Chopp, Engineering Department
Silvester Evetovich, Engineering Department
Jim Newton; Engineering Department
Ben Herrera, Engineering Department
Gary Edmonds, Fire Department
Lynn France, Conservation Coordinator
Krista Rhinehardt, Building and Park Construction
Others:
Dee Peralta, Chula Vista Elementary School District
Sweetwater Authority
2. Documents
City of Chula Vista Genera! Plan, 2005 (as amended).
Title 19, Chula Vista Municipal Code.
Final Environmental Impact Report, City of Chula Vista General Plan Update, ElR No. 05-01,
December 13,2005.
City of Chula Vista MSCP Subarea Plan, February 2003.
Biological Resource Analysis for the Villas Del Mar, Pacific Southwest Biological Services, Inc.,
January 19, 2006.
Preliminary Lotting and Grading Study/Earthwork and Drainage Statement for Villas Del Mar,
Chula Vista, Tri-Dimensional Engineering Incorporated, January 19,2004.
Preliminary Geotechnical Investigation for 160 North Del Mar Avenue, Chula Vista, Geocon,
Incorporated, November 18, 2003.
13-25
Phase l/Limited Phase II Environmental Site Assessment, Villas Del Mar, 160 Nor-ill Del Mar
Avenue, Chu1a Vista, Geocon Incorporated, February 3, 2006.
Historical Evaluation of 160 North Del Mar Avenue, Chula Vista, Scott A. Moomjian, January
30, 2004.
3. Initial Studv
This environmental det=rination is based on the attached Initial Study, and any comments
received in response to tbe Notice of Initial Study. The report reflects tbe independent judgment
of tbe City of Chula Vista. Furtber information regarding tbe environmental review of tills
project is available from tbe Chula Vista Planning and Building Department, 276 Fourth Avenue,
Chu1a Vista, CA 91910.
~:!;?~~'
Environmental Review Coordinator
Date:
4//7'/,:}1;-
, /
J:\Pla:oning\MARIA\Initial Study\ViUas Del Mar\IS-04-022MND.doc
13-26
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT ' PROJECT DESCRlP110N: .
C) APPLlCAN"r. Villas Del Mar Development LLC. INITIAL STUDY
PROJECT 160 N Del Mar Av.
ADDRESS: Request Proposing ORe for 12 single family dwelling's on indlviduallols.
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ATTACHiYIENT "A"
MITIGATION MONITORlNG Ai\JD REPORTlliG P~OGRAM (NIMRP)
VILLAS DEL AfAR - IS-04-022
This Mitigation Monitoring and Reporting Program has been prepared by the City of Chula Vista
in conjunction with the proposed Villas Del Mar project. The proposed project has been
evaluated in an Initial Study/Mitigated Negative Declaration prepared in accordance with the
Califomia Enviromental Quality Act (CEQA) and City/State CEQA Guidelines (1S-04-022)
The legislation requires public agencies to ensure that adequate mitigation measures are
implemented and monitored for Mitigated Negative Declarations.
AB 3180 requires monitoring of potentially significant and/or significant enviromental impacts.
The Mitigation Monitoring and Reporting Program for this project ensures adequate
implementation of mitigation for the following potential impacts(s):
1. Air Quality
2. Biological Resources
3. Geological
4. HazardslHazardous Materials
5. Hydrology aild Water Quality
MONITORING PROGRAM
Due to the nature of the enviromental issues identified, the Mitigation Compliance Coordinators
shall be the Enviromental Review Coordinator and City Engineer of the City of Chula Vista.
The applicant shall be responsible to ensure that the conditions of the Mitigation Monitoring and
Reporting Program are met to the satisfaction of the Enviromental Review Coordinator and
City Engineer. The applicant shall provide evidence in written form confirming compliance with
the mitigation measures specified in Mitigated Negative Declaration 1S-04-022 to the
Enviromental Review Coordinator and City Engineer. The Enviromental Review Coordinator
and City Engineer will thus provide the ultimate verification that the mitigation measures have
been accomplished.
Table 1, Mitigation Monitoring and Reporting Program Checklist, lists the mitigation measures
contained in Section F, Mitigation Necessary to Avoid Significant Effects, of Mitigated Negative
Declaration 1S-04-022, which will be implemented as part of the project. In order to determine if
the applicant has impl=ented the measure, the method and timing of verification are identified,
along with the City department or agency responsible for monitoring/verifying that the applicant
has completed each mitigation measure. Space for the signature of the verifying person and the
date of inspection is provided in the last column.
J:\Planning\MARlA\Initial Study\Vil1as Del Mar\lS-04-022MMRPtextdoc
13-30
Table 1
Miti ation Monitorln and Re art!n Pro ram
.on
No.
Mitlga~ion Measure
. ' ,::,:;",'::~1iMlt\~A.TI9:N;.M9~.ltO'RIN9;:AtJ6!~E,g,Q~il~~;fff:{9~R,AM,:~;;!.i?':__'; ..' ." ...'> '.'
.....,
"
: Al~ QU~LlTY-.
. .:'-:;:,' .:;,:.~,>>;::,'. .,.'.
The following air quallty-mitlgatlon requIrements shall be
shown on all applicable grading, and building plans as
details, notes, or as oth-erwlse appropriate:
. MInimize sImultaneous operation of multiple
construcllon equipment units.
. Use low pollutant-emitting constfu~t1on equipment.
. Use electrical construction equipment as practlcal.
. Use catalytic reduction for gasoline-powered
equipment.
. Use Injectlon-lImlng retard for diesel-powered
equipment.
U) . Water the con'strucUon area twice dally to minimize
I fuglUve dust.
w
.... . Stabilize graded areas as quickly. as possIble to
minimize fugllive dust..
. Pave permanent roads as quIckly as possible to
minimize dust
. Use electricity from power poles Instead of temporary .
generators during building, If available.
. Apply slablllzer or pave the last 100 feet of internal
travel path within a construction site prior to publlc
road entry.
. Install wheel washers adjacent to a paved apron prior
to vehicle entry on public roads.
. Remove any visible track-out Into traveled public
streets within 30 minutes of occurrence.
. "Wet wash the construction access point at the end of
each workday If any vehicle travel on unpaved
surfaces has occurred.
~
. Provide sufficlent perimeter erosIon control to pr~vent
washout of silty material onto public roads.
. Cover haul trucks or maintain at least 12 Inches of
freeboard to rE~duGe blow-off during hauling.
. Suspend all soli disturbance and travel on unpaved
surfaces if winds exceed 25 miles per hour.
Method of
Verificat;on
Timing of
Verification
Responsible
Party
Plan' Check/Site
Inspectlon
.,..:-. :)~':~-.. :';;T~M:~~ ,-~~~;~::: .~~~~e,
x
Completed
Inlllals Date
"P.o.'t.; ....:;' '''': """:"',"":' .,:.,.: '" :"";,',;' ,y'::.;; ...... :.:., ".
":Cost" .~:..; :..:~.,--"" .>.:: :.,"..>";1::':':~>:': .;d <, ...
X AppllcanU City
Engineering
Department/City
Planning and Building
Department
X
Page, 1
Comments
I'
'c
el Mar 113-04-022\
Table 1
Milioa!ion Moni!orino and Reportino Proqram
",.-..,.,.
:r..~.'-,.y
x
'...'.::.,.:.....
To avoId any Impacts associated with construction noIse,
constructlon must occur outside of the breeding season
for nesting raptors (January 15 through July 31). If
construction must occur during the breeding season for
these specIes, prIor to Inltlating any constructionMfelated
activities (Indudlng clearing of vegetation, grubbing, and
gradIng). preconstruction surveys-musfbe performed by
a Clly-approved bIologist to determine the presence or
absence of nesting rap tors within 500~feet of the
construction area. T,he preconstructlon survey must be
conducted within 10 calendar days prior to the start of
construction, the results of whIch must be submItted to
the CIty's EnvIronmental Review CoordInator for review
and approval prior. to Initlatlng any construction~related
actlvH1es. If nesting raptors are detected, a noise
mlllgallon plan shall be submitted and approved by the
City's EnvIronmental Review Coordinator prior to Inltlatlng
anv constructlcin~related actlvltles.
l. ~
w
I
w
'"
PrIor to the issuance of any land development permits
inclUding clearing, grading, or constructlon permits,
temporary orange bIologIcal fencing shall be Installed
around the eXisting remnant Clsmontane Alkall Marsh
plant area and reflected in the grading plans. .Fencing
must be constructed In accordance with the development
plans to the satisfaction of the Environmental Review
Coordinator. The City's Mitigation Monitor will conduct
site periodiC sile visits to verify the placement of the
biological fenclng and to ensure that all construction
activities remain within the approved limits of oradinq.
Prior to issuance of any land development permits
Including clearing, grading or constructlon permlts,the
applicant shall oblaln a Habitat Loss Incidental Take
(HUT) Permit from the City for Impacts to Tier III habitat
(NonMnatlve Grasslands) In accordance with the City's
HUT Ordinance, Sectlon 17.35.
Prior to the issuance of any land development permits
IncludIng clearing, grading or construction permHs, the
applIcant shall submit evidence that 1.14 acres of Non~
native Grassland or equivalent credits have been
permanently secured In a mitigation bank to the
salisfaclion of the Planning and BUilding Director.
4.
5.
Plan Check/Site
Inspection
Plan .Check/Slte
Inspection
Plan Check/Site
inspection
Plan Check/Site
Inspection
Page - 2
x
x
x
x
x
x
x
x
AppllcanVClty
Engineering
DepartmenUPlanning
and BuildIng
Department
x
AppllcanVClty
Engineering
DepartmenUPlanning
ano Building
Department
x
AppllcanVClty
Planning and Building
Department/City
Engineering
Department
x
AppllcanVClty
Planning and Building
Department/City
EngineerIng
Deparlment
"
Miti ation Monitorin and Re ortin Pro ram
Table 1
6.
Prior to issuance of a grading permit, the applicant shall
prepare and submit a final landscape pian/palette to the
City's Environmental Review Caordinatar (or review and
appraval to.' ensure landscaping. at the rear of Lot 4-Q Q,
wlth!n the property line setback, will be non-invasiVe and
compatibie with the existing alkali marsh vegetation
communlt .
Plan Check/Site
Inspection
x
x
ApplicanUClty
Planning and Building
DepartmenUClty
Engineering
Department
~
Prior to any demolition-activities, a licensed and
registered asbestos and lead abat~ment contractor shall
perform asbestos and lead-based paint abatement in
accordance with all applicable local, state and federal
laws and regulatlans, Including San Diego County Air
Pollution Control District Rule 361.145 - Standard for
DeniollUo,n and Renovation.
ApplicanUClty
Planning and Building
DepartmenUCity
Engineering
Department
8.
w
I
w
w
9.
Prior to. the issuance of any construction permits, any
equipment assaclated with the septic system shall be
removed from the project site and dlspased of in
acco.rdance with the applicable County of San Diego.
Department of Environmental Health Services
regulations. If any chemical odors o.r patentlal
environmental concerns are encountered, a qualified
professional shall assess the area and submit a written
report to. the Environmental Review Coordinator for
review.
Plan Check/Site
Inspection
x
x
x
X ApplicanUCity.
PlannIng and BUilding
DepartmenUCity
Engineering
Department
Page - 3
Mar (18-04-022)
Mitiaation Monitorina and Reoortina Proaram
Table 1
Prior to the Issuance, of a grading permIt, a final drainage
study shall be required In conjunction with the preparation
of the 1.lnal grading plans. The City Engineer shall verify
that the final grading plans comply with the provisions of
California Regional Water Quality Control Board, San
Diego Region Order No. 2001-01 with respect to
permanent, post-construction water quallty best
management practlces (BMPs). -If one ar.more of the
approved post constructlon BMPs is non-structural, then
a post-construction 8MP plan shall be prepared to the
satisfaction of the City Engineer prior to the
commencement of construction. Compliance with said
plan shall become a permanent requirement of the
MItigation Monitoring and Reporting Program.
Prior to the Issuance of a grading permit, temporary .
deslltlng and erosion control devices shall be Installed.
Protective devices shall be provided at every storm drain
Inlet to prevent sedimenUrom entering the storm drain
system, These measures shall be reflected in the grading
and Improvement plans to the satisfaction of the City
Engineer.
Ig\MARIA\lnitial Study\Villas. Del Mar\IS-04-022MMRPtb1.doc
Plan Check/Site
InspectIon
x
x
x
ApptlcanUClty
Planning and BuildIng
DepartmentJClty
Engineering
Departm!3nt
Plan Check/Site
Inspection
x
x
x
ApptlcanUClty
Planning and Building.
DepartmentJ9lty .
Engineering
Department
Pag, - 4
~rf?
----
ENVIRONlYIENTAL CHECKLIST FOR1\i(
--------,
mY OF
CHULA VISTA
1. Name of Proponent:
Villas Del Mar Development, LLC
Federico Escobedo
2. Lead Agency Name and Address:
City of Chula Vista
Planning and Building Department
276 Fourth Avenue
Chula Vista, CA 91910
3. Address and Phone Number of Proponent:
160 North Del Mar Avenue
Chula Vista, CA 91910
(619)420-4101
4. Name ofProposa1:
Villas Del Mar
5. Date of Checklist:
6. Case No.:
February 20, 2006
15-04-022
ENVIRONMENTAL ANALYSIS QUESTIONS:
Less Than
Potentially Significant Less Than No
Issues: Significant With Significant Impact
Impact Mitigation Impact
Incorporated
I. AESTHETICS. Would the project
a) Have a substantial adverse effect on a scenic vista? 0 0 0 .
b) Substantially damage scenic resources, including, 0 0 0 .
but not li:mited to, tress, rock outcroppings, and
historic buildings within a state scenic highway?
c) Substantially degrade the existing visual character or 0 0 0 .
quality of the site and its surroundings?
d) Create a new source of substantial light or glare,
which would adversely affect day or nighttime views
in the area?
o
o
o
.
13-35
Issues:
Potentially
Significant
Impact
Less Than
SIgnificant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
"
Connents:
a-b)The proposal includes the development of twelve single family, residential units with site
improvements in accordance with the City of Chula Vista Municipal Code and Design Review
Guidelines. The proposed landscape improvements would enhance and improve the aesthetic
quality of the surrounding hillside and neighborhood street, Del Mar Avenue, The proposed
project would not damage any scenic resources, vegetation, or historic buildmgs within a state
scenic highway. The project site contains no scenic vistas or views open to the public. The
development layout is designed not to block any private vista views from the existing and
proposed residential units.
c) The proposal is an intill residential development project The proposed projeet will not
substantially degrade the 'existing visual character'or quality of the project site or its adjacent
residential surroundings. The project site is planned for residential development according to the
General Plan Land Use regulations.
d) The proposal will be required to comply with the City's D1lll1IDUID standards for roadway
lighting. The project will be required to comply with the light and glare regulations (Section
19.66.100) of the Chula Vista Municipal Code (CYMe). Compliance with these regulations will
ensure that no significant glare, or light would affect daytime or nighttime views in the
surrounding residential neighborhood area.
Mitigation:
No mitigation measures are required.
II. AGRICULTURAL RESOURCES. Would the
proj ect:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the Califomia
Resources Agency, to non-agricultural use?
o
o
o
..
b) Conflict with existing zoning for agricultural use, or
a Williamson Act contract?
o
o
o
..
c) Involve other changes in the existing envrroment,
which, due to their location or nature, could result in
conversion ofFannland, to non-agricultural use?
o
o
o
..
13-36
Issues:
Potentially
Signifkant
Impact
Less Than
Significant
With
lVIitigation
Incorporated
Less Than
Significant
Impact
No
Impac5
Co=euts:
a-c)The project site has been previously rough graded and surrooodiug properties have been partially
developed. These properties are consistent with the Chula Vista General Plan and zoning
designation, and contain n.o agricultural resources or designated farmland. The proposal would
not convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance to non-
agricultural use and no impacts to agricultural resources would be created as a result of the
proposed project.
Mitigation:
No mitigation measures are required.
ill. AIR QUALITY, Would the project
a) Conflict with or obstruct implementation of the
applicable air quality plan?
o
o
o
..
b) Violate any air quality standard or contnoute
substantially to an existing or projected air quality
violation?
o
o
o
.
c) Result in a c=ulatively considerable net increase
of any criteria pollutant for which the project
region is non-attainment' under an applicable
federal or state ambient air quality standard
(including releasing emissions, which exceed
quantitative thresholds for ozone precursors)?
o
o
.
o
d) Expose sensitive receptors to substantial pollutant
concentrations?
o
.
o
o
e) Create objectionable odors affecting a substantial
number of people?
o
o
.
o
13-37
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
:Mitigation
Incorporated
Less Than
Significant
Impact
No
Impac!
Comments:
(a-e) See Mitigated Negative Declaration, Section E.
iYIitigation:
The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate
potentially significant air quality impacts to a level ofless than significance.
IV. BIOLOGICAL RESOURCES. Would the
project:
a) Have a substantial adverse effect, either directly or
through habitat modifications,' on any species
identified as a candidate, sensitive, or special status
species in local or regional plans, policies, or
regulations, or by the California Department ofFish
and Game or U.S. Fish and Wildlife Service?
o
II
o
o
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural co=unity
identified in local or regional plans, policies,
regulations or by the California Department ofFish
and Game or U.S. Fish and Wildlife Service?
o
II
o
o
c) Have a substantial adverse effect on federally 0 0 .. 0
protected wetlands as defined by Section 404 of the
Clean Water Act (including, but not limited to,
marsh, vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption, or other
means?
d) Interfere substantially with the movement of any 0 0 .. 0
native resident or migratory fish or wildlife species
or with established native resident or migratory
wildlife corridors, or impede the use of native
wildlife nursery sites?
e) Conflict with =y local policies or ordin=ces 0 0 0 ..
pIotecti:ng biological resources, such as a tree
13-38
Issues :
pteseJ:Vation policy ox OIC:lirumce?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Co=unity
Conservation Plan, or other approved local,
regional, or state habitat conservation plan?
Co=ents:
a-f) See Mitigated Negative Declaration, Section E.
Mitil!ation:
Potentially
Significant'
Impact
o
Less Than
Significant
With
Mitigation
Incorporated
II
Less Than
Significant
Impact
o
No
Impac~
o
The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate
potentially significant biological resource impacts to a level of less than significance.
V. CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource as defined in
State CEQA Guidelines 9 15064.5?
b) Cause a substantial adverse change in the
significance of an archaeological resource pursuant
to State CEQA Guidelines S 15064.5?
c) Directly or indirectly destroy a unique
paleontological resource or site or unique geologic
feature?
13-39
o
o
o
o
o
o
o
o
o
II
.
.
Issues:
pot~ntially
Significant
Impact
Less Than
Significant
With
Mitigation
Inc.orporated
o
Less Than
Significant
Impact
No
Impac~
d) Disturb any human remains, induding those interred
outside offorma! cemeteries?
o
o
II
Comments:
a) In order to assess potential- historic resources located on the project site or surrounding areas, a
historical evaluation study was prepared, dated January 30,2004. The following details summarize the
results of the study. The existing residential structure was not associated with any important events or
individuals in terms of local, state or national history. The residence or site does not qualify as a
historic resource under national, state or local register criteria. The proposed project will not constitute
a substantial, adverse change to the significance of an historical resource as the residence has been
determined by the analysis not to be historically or arc.hitectural1y significant within the project impact
area. Therefore, no substantial adverse change in the significance of a historical resource as defined in
Section 15064.5 is anticipated and no mitigation measures are required.
b) Based on the level of previous site disturbance, the potential for significant impacts or adverse changes
to archaeological resource as defined in Section 15064.5 is not anticipated.
c) Based on the level of previous disturbance to the site and the relatively limited amount of additional
grading for the proposed project, no impacts to unique paleontological resources or unique geologic
features are anticipated.
d) No human remains are anticipated to be present within the impact area of the project site.
Mitigation:
No mitigation measures are required.
VI. GEOLOGY AND SOILS -- Would the project:
a) Expose people or structures to potential
substantial adverse effects, induding the risk of
loss, injury or death involving:
i.
Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the State
Geologist for the area or based on other
substantial evidence of a known fault?
o
o
o
..
11.
Strong seismic ground shaking?
o
o
o
.
ill.
Seismic-related
ground failure,
including
o
o
o
..
13-40
rssu es:
liquefaction?
lV. Landslides?
b) Result in substantial soil erosion or the loss of
topsoil?
c) Be located on a geologic unit or soil that is
unstable, or that 'would become unstable as a
result of the project, and potentially result in on-
or off-site landslide, lateral spreading, subsidence,
liquefaction or collapse?
d) Be located on.expansive soil, creating substantial
risks to life or property?
e) Have soils incapable of adequately supporting the
use of septic tanks or alternative wastewater
disposal systems where sewers are not available
for the disposal of wastewater?
Comments:
a-e) See Mitigated Negative Declaration, Section E.
Mitieation:
Potentially
Signifkan t
Impact
o
o
o
o
o
Less Than
Significant
"Vith
Mitigation
Incorporated
o
o
.
o
o
Less Than
Significant
Impact
o
.
o
.
o
No
Impac_~
II
o
o
o
.
The mitigation measures contained in Section ,F of the Mitigated Negative Declaration would mitigate
potentially significant geological impacts to a level ofless than significance.
VII. HAZARDS AND HAZARDOUS
MATERIALS. Would the project:
a)
Create a significant hazard to the public or the
'environment through the routine transport, use, or
disposal of hazardous materials?
b)
Create a significant hazard to the public or the
environment through reasonably foreseeable
upset and accident conditions involving the
13-41
o
o
o
o
.
.
o
o
Issues:
release of hazardous materials into the
envrroment?
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or
proposed school?
d) Be located on a site wbich is included on a list of
hazardous materials sites compiled pursuant to
Goverment Code section 65962.5 and, as a
result, would it create a significant hazard to the'
public or the enviroment?
e) For a project located within an airport land use:
plan or, where such a plan has not been adopted,
within two miles of a public airport or public use
airport, would the proj ect result in a safety hazard
for people residing or working in the proj ect area?
f) For a project within the VlCIDlty of a private
airstrip, woUld the project result in a safety hazard
for people residing or working in the project area?
g) Impair implementation of or physically interfere
with an adopted emergency response plan or
=ergency evacuation plan?
h) Expose people or structures to a significant risk of
loss, injury or death involving wildland fires,
including where wildlands are adjacent to.
urbanized areas or where residences are
int=ixed with wildlands?
13-42
Potentially
Significant.
Impact
o
o
o
o
o
o
Less Than
Significant
~.,vith
Mitigation
Incorporated
o
o
o
o
o
o
Less Than
Significant
Impact
o
o
o
o
o
o
No
Impac)
.
.
.
.
.
.
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
NQ
Impac~
Co=ents:
a and b) See Mitigated Negative Declaration, Section E (HazardslIIazardous Materials).
c) See :Mitigated Negative Declaration, Section E. The proposed project site is located within one-
quarter mile of an existing school located on Second Avenue. The proposed project will not emit
acutely hazardous emissions or materials, mere fore, will not create a significant impact io me
schools within the surrounding area.
d) The proposed proj ect is not located on a site included' on the hazardous list pursuant to me
Gov=ment Code Section 65962.5, therefore, will not create a significant impactto the public or me
envrroDTIlent.
e) The project is not located within an airport land use plan nor within two miles of a public airport or public
use airport; therefore, the project would not expose people residing or working in the project area to adverse
safety hazards.
f) The project is not located within me vicinity of a private airstrip; therefore, the project development would
not expose people working in me proj ect area to adverse safety hazards.
g) The projeCt is designed to meet the City's emergency,response plan, route access and emergency
evacuation requirements. The proposed fire improvements include an emergency turning radius and fire
hydrant. No impairment or physical interference with the City's emergency response plan is anticipated.
h) The project is designed to meet me City's Fire Prevention building and fire service requirements. No
exposure of people or structures to a significant risk ofloss, injury or death due to wildfires is anticipated.
l\1itigation:
The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate
potentially significant HazardslHazardous Materials impacts to a level of less man significance.
VIII. HYDROLOGY AND WATER QUAIJTY.
Would the project
a) Result in an increase in pollutant discharges to
receiving waters (including impaired water bodies
pursuant to me Cle'an Water Act Section 303(d) list),
result in significant alteration of receiving water
quality during or following construction, or violate
any water quality standards or waste discharge
requir=ents?
o
.
o
o
13-43
Issues:
b) Substantially deplete groundwater supplies or
interrere substantially with groundwater recharge
such that there would be a net deficit in aquifer
volume or a lowering of the local groundwater table
level (e.g., the production rate of pre-existing nearby
wells would drop to a level which would not support
existing land uses or planned uses for which permits
have been granted)? Result in a potentially
significant adverse impact on groundwater quality?
c) Substantially alter the existing drainage pattern of the
site or area, including through the alteration of the
course of a stream or river, in a manner, which
would result in substantial erosion or siltation on- or
off-site?
d) Substantially alter the existing drainage pattern of the
site or area, including through the alteration of the
course of a stream or river, substantially increase the
rate or amount of suIface runoff in a manner which
would result in flooding on- or off-site, or place
structures within a lOO-year flood hazard area which
would impede or redirect flood flows?
e) Expose people or structures to a significant risk Of
loss, injury or death involving flooding, including
flooding as a result of the failure of a levee or dam?
f) Create or contribute runoff water, which would
exceed the capacity of existing or planned
stormwater drainage systems or provide substantial
admtionalsourcesofpolluredrunofl?
13-44
Less Than
Potentially. Significant Less Than No
Significant . With Significant Impact
Impact Mitigation Impact
Incorporated
0 0 .. 0
o
o
..
o
o
o
..
o
o
o
o
..
o
o
o
..
Issues:
Co=ents:
(a-f) See Mitigated Negative Declaration, Section E.
:Mitigation:
Potentially
Significant" .
Impact
Less Than
Significant
With
Nlitiga:tion
Incorporated
Less Than
Significant
Impact
No
Impac~
The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate
potentially significant HydrologylWater Quality impacts to a level ofless than significance.
IX. LAND USE A1'ID PLANNING. Would the
project:
a) Physically divide an established community?
b) Conflict With any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the
project (including, but not limited to the general
plan, specific plan, local coastal program, or zoning
ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
c) Conflict with any applicable habitat conservation
plan or natural community conservation plan?
13-45
o
o
o
o
o
II
o
o
o
II
II
o
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
J\'Iitigation
Incorporated
Less Than
Significant
Impact
No
Impac~
Co=ents:
a) The project site is surrOlUlded with single and multi-family residential, including nearby industrial land
uses. The proposed residential infill proj ect would be consistent with the character of the immediate'
SurrOlUlding -residential area and would not disrupt or divide an established co:r=mity; therefore, no
significant land use impact would occur as a result of the proj ect.
b) The project site is located within the Rl and R1P6 (Single-Family ResidentiaJ/Precise Plan) Zones and
RIM (Low-Medium Density) General Plan land use designation. The project is required to rezone the
existing Rl6 parcel section to Rl for comprehensive compatibility. The project has been fOlUld to be
consistent with the all-respective zoning regulations, General Plan guidelines and regulations,
therefore; no significant land use impacts are anticipated.
c) Refer to :Nlitigated Negative Declaration, Section E.' potential short-t= construction noise/raptor
nesting and biologically sensitive impacts are addressed in the :Nlitigated Negative Declaration,
Section, lUlder Biological Resources.
Miti!!ation:
The mitigation measures contained in Section F of the :Nlitigated Negative Declaration woUld mitigate
potentially significant Land UselPlanning impacts to a level ofless than significance.
X. MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a known mineral
resource that would be of va hie to the region and the
residents of the state?
o
o
o
.
b) Result in the loss of availability of a locally
important mineral resource recovery site delineated
on a local general plan, specific plan or other land
use plan? .
o
o
o
.
13-46
Issues:
Comments:
Potentially
Significant
Impact .
Less Than
Significant
With
:Mitigation
Incorporated'
Less Than
Significant
Impact
No
ImpacJ
a) The project site has been previously disturbed with the existing single-family residential land use. The
proposed project would not result in the loss of availability of a known :mineral resource of value to the
region or the residents of the State of California.
b) The State of California Department of Conservation has not designated the project site for :mineral
resource protection. Therefore, no impacts to :mineral resources are anticipated as a result of the
proposed proj ect.
Mitigatiou:
No mitigation measures are required.
XI. NOISE. Would the project result in:
a) Exposure of persons to or generation of noise levels
in excess of standards established in the local
general plan or noise ordinance, or applicable
c- standards of other agencies?
b) Exposure of persons to or generation of excessive
groundborne vibration or groundborne noise levels?
c) A substantial permanent increase in ambient noise
levels in the project vicinity above levels existing
without the proj ect?
d) A substantial temporary or periodic increase in
ambient noise levels in the project vicinity above
levels existing without the project?
e) For a project located within an airport land use plan
or, where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the project expose people residing or working
in the project area to excessive noise levels?
f) For a project within the vicinity of a private airstrip,
13-47
D
D
D
D
D
D
D
D
D
D
D
D
.
.
D
.
D
D
D
D
.
D
.
.
Issues:
Potentially
Significant
Impact
would the project expose people residing or working
in the proj ect area to excessive noise levels?
Comments:
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impac:t
No
Impac.t-
a-d) It is anticipated that on-site workers and adjacent residential population may be exposed to
construction noise associated with short-term construction activities. However, the project will be
required to comply with the City's Noise Ordinance. In addition, due to the minimal construction
activities associated with the proj ect, impacts to surrounding residential properties related to
construction noise levels are not expected to be significant The proposed residential project is not
located within the Health Risk Assessment Area (HRAA), within 500 feet of any adjacent freeway or
highway. The project is not anticipated to potentially violate the noise limits of the City's noise
control ordinance.
The project site contains eucalyptus trees and according to the Biological Resource Study, there is
potential for raptor nesting in eucalyptus trees. Potential short-term construction noise/raptor nesting
impacts are addressed in the Mitigated Negatiye Declaration, Section E, under Biological Resources.
e-f) The project is not located within an airport land use plan or within two miles of a public airport, nor is it
located within the vicinity of a private airstrip. Therefore, the project development would not expose
people residing or working in the project area to excessive noise levels.
Mitigation:
No mitigation measures are required.
XIL POPULATION AND HOUSING. Would the
proj ect
a) Induce substantial population growth in an area,
either directly (for example, by proposing new
homes and businesses) or indirectly (for example,
through extension of road or other infrastructure)?
o
b) Displace substantial numbers of existing housing,
necessitating the cons1iuction of replacement
housing elsewhere?
o
c) Displace substantial numbers of people,
necessitating the construction of replacement
housing elsewhere?
o
13-48
o
o
o
o
o
o
.
.
.
Issues:
Potenti.illy
Significant
Impact
Less Than
Significant
With
fr'litigation
Incorporated
Less Than
Significant
Impact
No
Impac:t
Co=ents:
..
a-c) The project is smTounded by existing residential development and involves the removal and
replacement of one single faIDily residence. The proposed. project does not involve the extension of
public facilities that would induce substantial growth. Future residential development of the site for
the proposed 12 single-family residential units is consistent with the General Plan and would not
exceed the regional or local population projections. The proposed project would involve the partial
rezoning of the RIP6 to Rl Zone to be consistent with the adjacent single-family residential
properties to the north, south and east. The proposed project would not involve displacement of
existing housing or individuals.
Miti2:ation:
No mitigation measures are required.
XIII. PUBLIC SERVICES. Would the project:
Result in substantial adverse physical impacts associated
with the provision of new or physically aItered
governmental facilities, need for new or physically
altered governmental facilities, the construction ofwmch
could cause significant enviromental impacts, in order
to maintain acceptable service ratios, response times or
other performance objectives for any public services:
a. Fire protection? 0 0 . 0
b. Police protection? 0 0 0 .
c. Schools? 0 0 0 .
d. Parks? 0 0 . 0
e. Other public facilities? 0 0 0 .
13-49
Issues:
Potentially
Significant.
Impact
Less Than
Significant
With
iYIitigation
Incorporated
Less Than
Significant
Impact
No
Impac.t
Co=ents:
a) According to the Fire Deparlment, adequate fire protection services can continue to be provided to the
site. The applicant will be required to comply with the Fire Department policies for fire hydrant
placement, .fire truck tmnaround. and new building construction. The City's Fire performance
o bj ectives and tPIesholds will continue to be met.
b) According to the Chula Vista Police Deparlment, adequate police protection services can continue to be
provided upon completion of the proposed project. The proposed project would not have a significant
effect upon or result in a need for substantial new or altered police protection services. The City's
Police performance objectives and thresholds will continue to be met.
c) The proposed project would not induce substantial population growth; therefore, no significant adverse
impacts to public schools would result. According to the Chula Vista Elementary School District letter
dated January 5, 2006, the applicant would be required to pay the statutory building permit school fees
for the proposed residential construction or an alternative financing mechanism such as participation in
or annexation to a CFD is recommended.
d) The proposed project would not induce significant population growth, as it is a small residential iniill
project. However, the applicant sball be required to pay Park Acquisition and Development Fees
(pAD) in accordance with Ordinance No. 2945 adopted by City Council on January 6, 2004.
e) The proposed proj ect would not have a significant effect upon or result in a need. for new or expanded
governmental services and would continue to be served by existing public infrastructure.
Mitigation: No mitigation measures are required.
XIV. RECREATION. Would the project
a)
Increase !he use of existing neighborhood and
regional parks or o!her recreational facilities such
that substantial physical deterioration of !he facility
would occur or be accelerated?
o
o
.
o
b)
Does !he project include recreational facilities or
require the construction or expansion. of recreational
facilities, which have an adverse physical effect on
!he enviroment?
o
o
o
.
13-50
Issues:
Comments:
Potentially
Significant"
Impact
Less Than
Significant
With
Mitigation
Incorporated
No
Impact
Less Than
Significant
Impact
a) The proposed project would not induce significant population growth, as it is a small residential infill
project and would not Impact existing or proposed recreational facilities. However, the applicant will
be required to pay Park Acquisition and Development Fees (pAD) in accordance with Ordinance No.
2945 adopted by City Council on January 6, 2004.
b) The project does not include the conslr\lction or expansion of recreational facilities. The project site is
not planned for any future parks' and recreation facilities or programs. Therefore, the proposed project
would not have an adverse physical effect on the recreational environment.
Mitie:ation:
No mitigation measures are required.
XV. TRANSPORTATION I TRAFFIC. Would the
proj ect
a) Cause an increase in traffic, which is substantial in
relation to the existing traffic load and capacity of
the street syst= (i.e., result in a substantial increase
in either the number of vehicle trips, the volume to
capacity ratio on roads, or congestion at
intersections)?
b) Exceed, either individually or cumulatively, a level
of service standard established by the county
congestion management agency for designated roads
or highways?
c) Result in a change in air traffic patterns, including
either an increase in traffic levels or a change in
location that results in substantial safety risks?
d) Substantially increase hazards due to a design
feature (e.g., sharp curves or dangerous
intersections) or incompattble uses (e.g., farm
equipment)?
e) Result in inadequate =ergency access?
13-51
o
o
o
.
o
o
o
.
o
o
o
.
o
o
o
.
o
o
o
.
Issues:
Potentially
Significant'
Impact
Less Than
Significant
With
.Mitigation
Incorporated
Less Than
Significant
Impact
No
Impac.t
f) Result in inadequate parking capacity?
o
o
o
.
g) Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus
turnouts, bicycle racks)?
o
o
o
.
Co=ents:
(a,b,d,e) According to the Traffic Engineering Department, the proposed residential infill project is not
anticipated to result in any significant traffic, circulation or emergency access impacts. The project
generated traffic trips are minimal, approximately 120 Average Daily Trips (ADTs) that is not considered
to be a sugstantial increase ini either numbr of vehicle trips, volume or capacity. In addition, the project-
generated trips ,will not exceed the level of service, standard established by the county congestion
management agency for designated roads or highways. Therefore, will not create significant traffic
operations impacts along North Del Mar Avenue and surrounding residential or collector streets.
c) The proposal would not have any significant effect upon any air traffic pattems, including either an
increase in traffic levels or a change in location that results in substantial safety risks.
f) The proposal includes garage space including pull Gut spaces and 10 parking spaces on Villas Del
Mar Court in accordance with the Chula Vista Zoning Code. The proposal meets ADA requirements
for accessibility and parking.
g) The proposal would not conflict with, adopted transportation plans or alternative trmsportation
programs. There are no bus turnouts or public trmsportation syste!llS along this portion of N. Del
Mar Avenue.
~1itil!atiou:
No. mitigation measures are required.
XVI. UTILITIES Al'W SERVICE SYSTEMS~
Wo.uld the project:
a) Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
o
o
o
.
b) Require or result in the construction of new water or
wastewater treatment facilities or expmsion of
o
o
.
o
13-52
Issues:
existing facilities, the construction of which could
cause significant environmental effects?
c) Require or result in the construction of new storm
water drainage facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects?
d) Have sufficient water supplies available to serve the
project from existing entitlements and resources, or
are new or expanded entitlements needed?
e) Result in a determination by the wastewater treatment
provider, which serves or may serve the project that it
has adequate capacity to serve the project's projected
demand in addition to the provider's existing
commitments?
f) Be served by a landfill with sufficient permitted
capacity to accommodate the project's solid waste
disposal needs? .
g) Comply with federal, state, and local statutes and
regulations rdated to solid waste?
13-53
Potentially
Significant
Impact
o
o
o
o
o
Less Than
Significant
With
lV1itigation
Incorporated
o
o
o
o
o
Less Than
Significant
Impact
.
o
.
o
o
No
Imp~d
o
.
o
.
.
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
{ncorporated
Less Than
Significant
Impact
No
Imp;td
Comments:
a) The project site is located within an urban area that is served by all necessary utilities and service systems.
According to the Engineering Departmen.t, no exceedance of wastewater requirements of the Regional
Water Quality. Control Board would result from the proposed proj ect.
b) According to Sweetwater Authority correspondence dated February 22, 2006 and March 28, 2006, an
existing 6-inch water main is located on the east side of North Del Mar Avenue with one existing water
service- to the site. The proposed improvements will include a new water main extension within the
prooosed orivate road that connects to the existing Authority water main in North Del Mar Avenue, and
terminates in the ,:ooosed cul-de-sac. This would include new separate laterals and meters, as woll ".me
inDlallatiaa sf r.-liO.a ~ress""e priaoiplJ 'sadElla", as-,,,c,, ma saeok yalyes sa a"0' iadi-,idliad fire
prote::tieR systems. for each Darcel. Should anv.ofthe urovosed residences be required to have a building:
fire sprinkler svsteIIL then each water service shall be eauiuoed with an apuroved backflow Drotection
device that would be owned and maintained bv the DIODertv O\Vller. As the water facility improvements
are designed in accordance with water authority standards, no significant impacts to existing facility
systems -will occur as a result of the proposed project.
See Mitigated Negative Declaration, Section E(HazardsIHazardous Materials and HydrologylWater
Quality) for details regarding the existing septic tank and new wastewater service systems for the proposed
project.
c) The proposed project will result:in the construction of new stonn water drainage facilities and e'Wansion of
existing facilities. The potential discharge of silt during construction activities could impact the storrn
drain system. Appropriate erosion control measutes will be identified in conjunction with the preparation
of final grading plans to be implemented during construction. The proposed project is subject to the
NPDES Gen~ral Construction Permit requirements arid shall obtain permit coverage and develop a Storm
Water Pollution Prevention Plan (SWPPP) prior to issuance of grading permits. In addition, the project
shall. be conditioned to implement construction and post-construction water quality Best Management
Practices (BMPs) for stonn water pollution prevention in accordance with the Cbula Vista Standard Urban
Storm Water MitigationPlan (SUSMP). No significant impacts to the City's storm drainage facilities are
anticipated as a result of the proposed project.
d) The project site is within the potable water service area of the Sweetwater District Pursuant to
correspondence from the Sweetwater Authority, the project may be serviced from the 6"-water main on N.
Del Mar A venue and the applicant will need to install a service IIlJiin to service tbis site. The proposed
project vvill. be required to construct expansions to existing water facilities as descnoed in Section b a}Jov:e.
e) See XVl.a. and b.
f) The City of Chula Vista is served by regional landfills with adequate capacity to meet the solid waste needs
of the region in accordance with State law.
g) The proposal wonld be conditioned to comply with federal, state and local regulations related to solid
waste.
Mitigation: See Section E of the Mitigated Negative Declaration; refer to the Hydrology and Water Quality and
Hazardsiliazardous Materials Sections. The mitigation measures contained in Section F of the Mitigated Negative
Declaration wonld mitigate identified storrn water/storrn drainage and wastewater impacts to a level of less than
significant,
13-54
Issues:
XVII. THRESHOLDS
Will the proposal adversely impact the City's
Threshold Standards?
A) Library
The City shall .construct 60,000 gross square feet
(GSF) of additional hlJrary space, over the June 30,
2000 GSF total, in the area east of Interstate 805 by
buildout. The construction of said facilities shall be
phased such that the City will not fall below the city-
wide ratio of 500 GSF per 1,000 population. Library
facilities are to be adequately equipped and staffed.
B) Police
a) Emergency Response: Properly equipped and staffed
police units shall respond to 81 percent of "Priority One';
emergency calls within seven (7) minutes and maintain
an average response time to all "Priority One"
emergency calls of5.5 minutes or less.
b) Respond to 57 percent of "Priority Two" urgent calls
within seven (7) minutes and maintain an average
response time to all "Priority Two" calls of 7.5 minutes
orless.
C) Fire and Emergencv Medical .
Emergency respOIise: Properly equipped and staffed fire
and medical units shall respond to calls throughout the City
within 7 minutes in 80% of the cases (measured armually).
D) Traffic
The Threshold Standards require that all intersections must
operate at a Level of Service (LOS) "C" or better, with the
exception that Level of Service (LOS) "D" may occur
during the peak two hours of the day at signalized
intersections.. Signalized intersections west ofI-805 .are not
to operate at a LOS below their 1991 LOS. No intersection
may reach LOS "E" or "F" during the average weekday
peak hOUT. Intersections of arterials with freeway ramps
are exempted from this Standard.
13-55
Potentially
Significant
Impact
o
o
o
o
Less Than
Significant
. With
lVIitigation
Incorporated
o
o
o
o
Less Than
SigDificant
Impact
o
o
o
o
No
Irnpac:t
.
.
.
.
Less Than
Potentially Significant Less Than No
Issues: Significant With. Significant Impact
Impact Wtigation Impact
Incorporated
E) Parks and Recreation Areas 0 0 0 .
The Threshold Standard for Parks and Recreation is 3
acres of neighborhood and community parkland with
appropriate facilities/l,OOO population east ofI-80S.
F) Drainage 0 0 . 0
The Threshold Standards require that storm water flows
. and volumes not exceed City Engineering Standards.
fudividual projects will provide necessary improvements
consistent with the Drainage Master Plane s) and City
Engineering Standards.
G) Sewer 0 0 . 0
The Threshold Standards require that sewage flows and
volumes not exceed City Engineering Standards.
fudividual projects will provide necessary improvements
consistent with Sewer Master Planes) aild City Engineering
Standards.
H) Water 0 0 0 .
The Threshold Standards require that adequate storage,
treatment, and transmission facilities are constructed
concurrently with plarned growth and that water quality
standards are not jeopardized during growth and
construction.
Applicants may also be required to participate in whatever
water conservation or fee offset program the City of Chula
Vista has in effect at the time of building p=it issuance.
13-56
lssues :
Potentially
Significant'
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Imp~ct
,
Comnients:
a) The project would not induce substantial population growth; therefore, no impacts to horary facilities would
result. No adverse impact to the City's Library Threshold standards would occur as a result of the proposed
project.
b) According to the Police Department. adequate police protection services can continue to be provided upon
completion of the proposed project. The proposed project would not have a significant effect upon or result in a
need for substantial new or altered police protection services. No adverse impact to the City's Police Threshold
standards would occur as a result of the proposed project.
c) Accordiog to the Fire Department. adequate fire protection and emergency medical services can continue to be
provided to the project site. Although the Fire Department has indicated they will provide service to the project.
the project will conmbute to the incremental increase in fire service demand throughout the City. This increased
demand on fire services will not result in a significant cumulative impact. No adverse impact to the City's Fire
and E=gency Medical Threshold standards would occur as a result of the proposed project.
. d) According to the Traffic Engineering Division, the surroundiog street segments and intersections includiog Third
A venue and Del Mar Avenue will continue to operate in compliance with the City's traffic threshold standard
with the proposed project traffic. No adverse impact to the City's traffic threshold standards would occur as a
result of the proposed project.
e) The proposed project would not induce significant population growth, as it is a smaIl residential infi1I project and
would not impact existing or proposed recreational facilities. However, the applicant shall be required to pay
PilIk Acquisition and Development Fees (pAD) in accordsnce with Ordioance No. 2945 adopted by City Council
on January 6,2004.
f) Based upo'; the review of the project, the Engineering Department has determined that there are no significant
issues regarding the proposed drainage improvements of the project site. The proposed drain system includes
improvements to existing drainage culverts to haTIdle 100- year stonn events, a series of inlets, private catch. basins
and culverts, underground detention systems, discharge controls, and filtering systems. No adverse impacts to the
City's drainage threshold standards will occur as a result of the proposed project.
g) The project site is within the boundsries of the City of Chula Vista wastewater services area. The existing area
sewer facility system includes sewer lines along Bayview Way and along Vista .Del Mar Court. There are
currerrt:ly no sewer mains abutting the property that would allow for gravity-type flow. Therefore an off-site main
extension through the Third Avenue right of way, and an 8" PVC sewer main up to the southwest comer of the
subject site and into the proposed project court cul-de-sac are proposed to service the various lots. The applicant
shall be required to submit a final sewer plan to the satisfaction of the City Engineer. The applicant is required to
grant an easement to the City of Chula Vista wastewater services for the purpose of mainteoance of the proposed
sewer lines. No adverse impacts to the City's sewer system or City's sewer threshold standards will occur as a
result of the proposed project.
h) The proj ect site is within the potable water service area of the Sweetwater District. Pursuant to correspondence
from the Sweetwater Authority, the project may be serviced from the 6"-water main on N. Del Mar Avenue and
the applicant will need to install a service main to service this site. No significant impacts to existing facility
systems or the City's water threshold standards will occur as a result of the proposed project.
Mitigation: No mitigation measures are required.
13-57
Issues:
XVIll. iVlAL'IDATORY FINDINGS OF
SIGNmCANCE
a) Does the project have the potential tiJ degrade the
quality of the environment, substantially reduce the
habitat of a :fish or wildlife species, cause a :fish or
wildlife population to drop below self-sustaining
levels, threaten to eliminate a 'plant or animal
co=unity, reduce the number or restrict the range
of a rare or endangered plant or animal or eliminate
important examples of the major periods of
California history or prehistory?
b) Does the project have impacts that are individually
limited, but cumulatively considerable?
("Cumulatively considerable" means that the'
incremental effects of a project are considerable
when viewed in connection with the effects of past
projects, the effects of other current project, and the
effects of probable future projects.)
c) Does the project have environments! effects, which
will cause substantial adverse effects on human
beings, either directly or indirectly?
Comments:
Potentially
Significant
Impact
Less Than
Significant
Willi
Mitigation
Incorporated
No
Impad
Less Than
Significant
Impact
o
o
o
.
o
o
o
.
o
o
o
.
a) See Mitigated Negative Declaration, Section E. Potential short-term construction noiselraptor nesting
and biologically sensitive impacts are addressed in the Mitigated Negative Declaration, Section E, under
Biological Resources.
b) The project site has been previously disturbed with a similar residential land use and site improvements.
No cumulative considerable impacts associated with the project when viewed in connection with the
effects of past projects, other current projects and probable future projects have been identiiied.
c) The project will not cause substantial adverse effects on human beings, either directly or indirectly, as the
proposed project has been mitigated to lessen any potential significant impacts to a level of less than
significance.
iVlitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate
potentially significant impacts to a level ofIess than significance.
13-58
XIX. PROJECT REVISIONS OR iVlITIGATION MEASURES:
Project mitigation measures are contained in Section F, Mitigation Necessary to Avoid Significant
Impacts, and Table 1, Mitigation Monitoring and Reporting Program, of Mitigated Negative Declaration
IS-04-022. .
XX. AGREEMENT TO INIPLEMENT MITIGATION MEASURES
By signing the line(s) provided below, the Applicant and/or Operator stipulate that they have each read,
understood and have their .respective company's authority to and do agree to the mitigation measures
contained herein, and will implement same to the satisfaction ofthe Environmental Review Coordinator.
Failure to sign below prior to posting of this Mitigated Negative Declaration with the County Clerk shall
indicate the Applicant and/or Operator's desire that the Project be held in abeyance without approval
. and that the Applicant and/or Operator shall apply for an Environmental Impact Report.
'Sf J{ -;0 ~S LdbzcL"
Printed Name and Title of Applicant
(or authorized representative)
/l/!/!4
S. of :;1/ NA li
rgna re V'I pp cant
(or au orized representative)
J hI /; ? .
~
N/A
Printed N arne and Title of Operator
(if different from Applicant)
N/A
Signature of Operator
(if different from Applicant)
Date
13-59
. XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at
least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated,"
as indicated by the checklist on the previous pages.
o Land Use and Planning
o Fopulation and Housing
. Geophysical
o Agricultural Resources
. HydrologyfWater
. Air Quality
o Paleontological
Resources
DTransportationlTraffi c
. Biological Resources
o Energy and Mineral
Resources
o Public Services
o Utilities and Service Systems
o Aesthetics
.Hazards and Hazardous.
Materials
o Cultural Resources
o Noise
o Recreation
o Mandatory Findings of Significance
13-60
XXIT. DETERNIINATION:
On the basis of this initial evaluation:
I find that the proposed project could not have a significant effect on the
environment, and a Negative Declaration will be prepared.
I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because revisions in
the project have been made or agreed to by the project proponent. A Mitigated
Negative Declaration will be prepared.
I find that the proposed project may have a significant effect on the environment,
and an Environmental Impact Report is required.
I find that the proposed project may have a "potentially significant impacf' or
"potentially significant unless mitigated" impact on the. environment, but at least one
effect: 1) has been adequately analyzed in an earlier document pursuant to applicable
legal standards, and 2) has been addressed by mitigation measures based on the earlier
analysis as described on attached sheets. An Environmental Impact Report is
required, but it must analyze only the effects that remain to be addressed.
r find that although the proposed project could have a significant effect on the
environment, because all potentially significant effects (a) have been analyzed
adequately in an earlier ElR or Negative Declaration pursuant to applicable standards
and (b) have been avoided or mitigated pursuant to that earlier EIR or Negative
Declaration, including revisions or mitigation measures that are imposed upon the
proposed project, nothing further is required.
~1!/rQG~.
Environmental Review Coordinator
City of ChuIa Vista
~/7'/J'?
Date I
J:\Planning\MARlA\Initial StudyWilIas Del Mar\IS-04-022draftChecklistdoc
13-61
07
o
.
o
o
o
ATTACHMENT 3
PLANNING COMMISSION RESOLUTION AND
MINUTES FOR OCTOBER 18, 2006
13-62
Planning Commission
- 2 -
October 18, 2006
1. PUBLIC HEARING: PCS 04-06; Consideration of a Tentative Subdivision Map
to divide a 2.06 acre project site into 10 residential lots.
Villas Del Mar, LLC. (Quasi-Judicial)
Background: Jeff Steichen reported that in this re-submitted project, the applicant is
requesting to divide a 2.06-acre site into a 10 lot standard residential subdivision.
While the previous project requested 12 residential lots with one common lot, the
request was revised based upon concerns raised at the May 10, 2006 Planning
Commission meeting. Along with the reduction in number of lots, the original project
proposal requested a rezone and precise plan, which are no longer necessary.
Staff Recommendation: That the Planning Commission adopt Resolution PCS 04-
06A recommending that the City Council; 1) rescind previous action taken on original
project at the meeting of May 10, 2006, and; 2) approve the proposed Tentative
Subdivision Map based on the findings and subject to the conditions contained in the
City Council resolution.
Commission Questions/Comments:
Cmr. Tripp inquired why the Planning Commission would need to rescind a previous
action on a project that is different from the one that is being presented tonight.
Michael Shirey, Deputy City Attorney III responded that rather than requiring the
applicant to resubmit a whole new project, procedurally, staff determined that this was
the best way to handle it. Additionally, there are provisions in the code that allow for it
to be handled in this manner and even though the project has changed, staff would
rather rescind the prior project and move forward with the new proposal.
Cmr. Tripp stated that he noted a change in the new plans where they've relocated a
detention basin underneath a roadway and inquired if that was a standard practice to
locate them underneath a paved roadway.
Jim Newton, Sr. Civil Engineer responded that it is not uncommon to have a detention
basin underneath a paved surface; you'll find them in parking lots of commercial
projects and private streets.
Cmr. Felber inquired what provisions there are for sidewalks.
Jim Newton responded that as a private street cross section, sidewalks are not
required.
13-63
Planning Commission
- 3 -
October 18, 2006
Public Hearing Opened.
Alfred Welker, 168 North Del Mar Avenue stated thai the main issue he wanted to
point out is that the lower portion of this subdivision should be served from a Third
Avenue extension.
Lance Longacker, 250 Vista Del Mar Court stated that the bottom portion of the
development is crammed with homes and they're not using Third Avenue to the best
of their ability. Mr. Longacker also pointed out that there is an alternate route around
the side of the trailer park to the east. He is also concerned that there are no
sidewalks proposed for the project.
Gil Martinez representing the applicant, stated he was available to answer questions.
Don Sandoval, 152 North Del Mar stated he hopes the project will not adversely
impact his quality of life and jeopardize the beautiful view of the harbor he has
enjoyed for the past 40 years. He urged the Commission to take all
recommendations into account.
Cmr. Bensoussan inquired if the walls that are being proposed along Third Avenue
had any landscaping surrounding them.
John Coffee responded that they are proposing to landscape both sides of the wall to
provide as much screening as possible.
Cmr. Bensoussan inquired why the Third Avenue entrance wasn't used.
Mr. Coffee responded that they would need to take additional land from southerly lots
in order to improve Third Avenue to the City's public street standards.
Jim Newton stated that currently the City's portion of the right of way along Third
Avenue is only 30 feet; the public street requirement is 62 feet wide. In order to
improve Third Avenue, it would entail acquiring additional land from multiple
landowners to the west.
Terry Sapp, 255 Shirley Street, stated her main concern is people not being able to
park in front of their house and how that will spill over to other public streets.
Public Hearing Closed.
13-64
Planning Commission
-4-
October 18, 2006
Cmr. Tripp stated that although he's not a fan of no sidewalks, the project is much
improved from the one that was previously submitted and is a better fit in the
neighborhood.
Cmr. Bensoussan stated that she concurs that the project is much improved and the
applicant addressed some of the concerns that were raised in the earlier hearing.
She is, however, concerned that there are no sidewalks being proposed and would
like the project to include sidewalks.
Cmr. Felber inquired what is the applicant's reason for excluding sidewalks.
Mr. Martinez stated that one of the considerations was that aesthetically the project
would look better without the sidewalks; there would be more room for landscaping.
There's also plenty of precedence established with private streets not having
sidewalks, however, if it comes down to it, they would hate to see the project be
jeopardized over sidewalks, therefore, they would be willing to reconsider their
position.
MSC (Vinson/Bensoussan) (5-0-1-0) that the Planning Commission adopt
Resolution PCS 04-06A recommending that the City Council; 1) rescind
previous action taken on original project at the meeting of May 10, 2006, and; 2)
approve the proposed Tentative Subdivision Map based on the findings and
subject to the conditions contained in the City Council resolution with the following
additional Condition of Approval:
. That the project include a continuous sidewalk on at least one side of
the street.
Motion carried.
13-65
RESOLUTION NO. PCS-04-06A
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION 1) RESCINDING PREVIOUS ACTION TAKEN
ON ORlGINAL PROJECT AT MEETING OF MAY 10,2006 AND
2) RECOMMENDING THAT THE CITY COUNCIL ADOPT THE
MJTIGATED NEGATIVE DECLARATION AND MJTIGATION
MONITORlNG AND REPORTING PROGRAM IS-04-022; AND
APPROVING AND ESTABLISHING CONDITIONS OF A
REVISED TENTATIVE MAP TO DIVIDE 2.06 ACRES LOCATED
ON THE WEST SIDE OF N. DEL MAR AVENUE INTO 10
SINGLE-FAMJLY RESIDENTIAL LOTS-VILLAS DEL MAR
DEVELOPMENT, LLC.
WHEREAS, on January 20,2004 a duly verified application for PCS 04-06 and on June 22,
2005 a duly verified application for PCZ 05-03 were filed with the City of Chula Vista Planning and
Building Department, requesting approval of a Tentative Subdivision Map to subdivide 2.06 acres
into 13 lots, and rezone application requesting a change from the Rl to R1P6 zone with Precise
Plan ModifYing District Standards ("Previous Project"); and
WHEREAS, the project has subsequently been revised to eliminate the need for a rezone
with Precise Plan ModifYing District Standards and to reduce the number of residential lots from 12
to 10, with the elimination of the common lot. In addition, the revised project no longer requires a
rezone application with Precise Plan Modifying District Standards ("Currently Proposed Project");
and
WHEREAS, the area of land commonly known as Villas Del Mar (pCS 04-06) Tentative
Subdivision Map (pCS-04-06), Chula Vista Tract No. 04-06, which is the subject matter ofthis
Resolution, is diagrammatically represented in Exhibit "A", attached hereto and incorporated herein
by this reference, and for the purpose of general description herein consists of2.06 acres located on
the west side ofN. Del Mar Avenue ("Project Site"); and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project for
compliance with the California Environmental Quality Act (CEQA) and has conducted an Initial
Study, IS-04-22 in accordance with CEQA; and
WHEREAS, based on the results of the Initial Study, the Environmental Review Coordinator
has determined that the proj ect could result in significant effects on the environment. However,
revisions to the project made by or agreed to by the Developer would avoid the effects or mitigate the
effects to a point where clearly no significant effects would occur; therefore, the Environmental
Review Coordinator has prepared a Mitigated Negative Declaration, IS-04-22; and
WHERAS, the Environmental Review Coordinator has determined that the changes to the
Currently Proposed Project, which were predicated upon previous Planning Commission and Public
Review, are minor with no additional environmental impacts or issues identified that are not already
covered under the Mitigated Negative Declaration IS-04-022 addressed in the previous proj ect.
Therefore, pursuant to CEQA Guidelines Section 15073.5( c) recirculation of the Mitigated Negative
Declaration is not required; and
13-66
WHEREAS, on May 10, 2006 the Plarming Co=ission considered the Previous Project
and recommended denial of the rezone with precise plan and accompanying tentative subdivision
map for a 12 lot single family planned residential development; and
WHEREAS, following the Plarming Commission meeting, the applicant has worked with staffin
an effort to develop a revised proj ect which addresses the concerns of the Plarming Commission as
well as the surrounding residents; and
WHEREAS, pursuant to Chula Vista Municipal Code Section 2.04.570(B), the Currently
Proposed Project was brought back to the Planning Commission with a two part request: 1) that the
P1arming Commission rescind their previous action of May 10, 2006 and 2) that the Planning
Commission consider the revised project proposed by the applicant; and
WHEREAS, on September 7, 2006, a neighborhood meeting was held at Rosebank El=entary
School in order to discuss the Currently Proposed Project with surrounding neighbors; and
WHEREAS, the Planning Commission does hereby fInd that in the exercise of their
independent review and judgement, as set forth in the records of its proceedings,the Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program (IS-04-022) has been
prepared in accordance with the requirements ofthe California Environmental Quality Act (CEQA),
the State CEQA Guidelines and the Environmental Review Procedures of the City Of Chula Vista,
and hereby recornri1ends that the City Council adopt the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program (IS-04-022); and
WHEREAS, the Planning and Building Director set the time and place for a hearing on the
Project, and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the city and its mailing to property owners within 500 feet of the
exterior boundaries of the property, at least 10 days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.,
October 18,2006 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission
and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION 1)
rescinds previous action taken on May 10,2006 and 2) reco=ends that the City Council adopt the
attached Draft City Council Resolution approving the Project, and Mitigated Negative Declaration
IS-04-022 in accordance with the findings and subj ect to the conditions contained therein.
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City
Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA
VISTA, CALIFORNIA, this 18th day of October, 2006, by the following vote, to-wit:
13-67
AYES:
NOES:
ABSENT:
Bryan Felber, Chairperson
ATTEST:
Diana Vargas, Secretary
J:\Planning\Case Files\-05 (FY 04_05)\PCZlPCZ_05_03\ResolutionsIOCT 18 2006 PC RESOLUJ10N.doc
13-68
ATTACHMENT 3
PLANNING COMMISSION RESOLUTION
AND MINUTES FOR OCTOBER 18, 2006
13-69
RESOLUTION NO, PCZ 05-03/ PCS-04-06
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECO:M:MENDING THAT THE CITY COUNCIL
DENY THE REZONE WITIIPRECISE PLAN sTANDARDS; AND
DENY THE ACCO:MPANYING TENTATNE MAP TO DIVIDE
2.06 ACRES LOCATED ON THE WEST SIDE OF N. DEL MAR
AVENUE INTO 12 RESIDENTIAL LOTS AND ONE CO.MMON
LOT IN ORDER TO ALLOW A PLANED RESIDENTIAL
DEVELOPMENT -VILLAS DEL MAR DEVELOFMENT, LLC.
WHEREAS, on January 20,2004 a duly verified application for PCS 04-06 and on June 22,
2005 a duly verified application for PCZ 05-03 were filed with the City of Chula Vista Planning and
Building Department, requesting approval of a Tentative Subdivision Map to subdivide 2.06 acres
into 13 10ts("Project"), and rezone application requesting a change from the R1 to R1P6 zone with
Precise Plan Modifying District Standards ("Project"); and
WHEREAS, the area of land commonly known as Villas Del Mar (pCS 04-06) Tentative
Subdivision Map (pCS-04-06), Chula Vista Tract No. 04-06, which is the subject matter of this
Resolution, is diagrammatically represented in Exhibit "A", attached hereto and incorporated herein
by this reference, and for the purpose of general description herein consists of2.06 acres located on
the west side ofN. Del Mar Avenue ("Project Site"); and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project for
compliance with the Califoruia Environmental Quality Act (CEQA) and has conducted an Iuitial
Study, IS-04-22 in accordance with CEQA; and
WHEREAS, based on the results of the Iuitial Study, the Environmental Review Coordinator
has determined that the proj ect could result in significant effects on the environment. However,
revisions to the proj ect made by or agreed to by the Developer would avoid the effects or mitigate the
effects to a point where clearly no significant effects would occur; therefore, the Environmental
Review Coordinator has prepared a Mitigated Negative Declaration, IS-04-22; and
WHEREAS, the Planning Commission does hereby find that the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program (1S-04-022) has been prepared in
accordance with the requirements of the Califoruia Environmental Quality Act (CEQA), the State
CEQA Guidelines and the Environmental Review Procedures of the City Of Chula Vista; and
WHEREAS, The Planning Commission does hereby find that in the exercise of their
independent review and judgment, the Mitigated Negative Declaration and Mitigation Monitoring
and Reporting Program (1S-04-022) in the form presented has been prepared in accordance with
requirements of the Califoruia Environmental Quality Act and the Environmental Review Procedures
of the City ofChula Vista; and
WHEREAS, the Planning Commission having received certain evidence on March 10, 2006,
as set forth in the record of its proceedings herein by reference as is set forth in full, made certain
findings, as set forth in their recommending Resolution PCZ-05-03/PCS-04-06 herein, and
recommended that the City Council deny the Project based upon findings of Section 19.14.576 of the
13-70
Municipal Code and in accordance with Government Code Section 66474; and
WHEREAS, the Planning and Building Director set the time and place for a hearing on the
Project, and notice of said hearing, together with its purpose, ,was given by its publication in a
newspaper of general circulation in the city and its mailing to property owners within 500 feet of the
exterior boundaries of the property, at least 10 days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., May
10,2006 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said
hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
recommends that the City Council deny the Rezone with Precise Plan standards and accompanying
tentative map based upon the following findings:
1. That such use will under the circumstances of the particular case be detrimental to
the health, safety or general welfare of persons residing or working in the vicinity or
injurious to property or improvements in the vicinity;.
The Commission finds that proposed precise plan development standards would
allow the applicant to develop the proj ect site in a way which is not compatible with
the existing development of the surrounding neighborhood. The proposed lot sizes
closest to North Del Mar Avenue are well below the size of the adj acent lots to the
north and south, as well as 2,000 square feet below the minimum lot size required by
the existing Rl zone established for parcels fronting on N. Del Mar Avenue and
surrounding residential streets. Traffic generated by allowing development under the
proposed precise plan could negatively impact the neighborhoods existing quality of
life.
2. That such plan does not satisfY the principles for application of the "P" modifYing
district as setforth in CVMC 19.56.041:
(a) The Commission finds that although the property is unique in terms of its
topographic constraints on the western portion of the project site, the eastern
portion could still be developed under the existing R-l zoning which would result
io lot sizes and overall density more compatible with the surrounding existing
neighborhood.
(b) The Commission finds that although the western portion of the property is
adj acent to and contiguous to a zone allowing different land uses, the eastern
portion which is currently zoned R-l is more consistent with the surrounding
residential development than would be the applicant proposal for the eastern
portion of the proj ect site under a precise plan.
(c) The basic or underlying zone regulations for the eastern portion of the proj ect site
currently zoned R -1 do allow this part of the development to achieve an efficient
and proper relationship among the uses allowed in the adj acent zones as said
13-71
adj acent uses on the eastern portion of site are also single-family residential R - I
zoned properties.
(d) Although the proj ect site consists of two slightly different zone classifications,
being a single parcel, is under one ownership. The Commission finds that it is
not necessary to place a P modifying district over the site in order to enhance
ability to coordinate development of the site.
3.That exceptions granted which may deviate from the underlying zoning
requirements are not warranted to meet the purpose and application of the P precise
plan modifying district;
While the allowance of a precise plan on the western portion ofthe site which already
contains a P precise plan modifier (RIP6) may allow for a better development pattern
on this portion of the site, given the topographic constraints, and variation in adjacent
land uses, the Commission finds it is not necessary to rezone or allow a precise plan
to extend to the eastern portion of the project site given the size of the existing
residential development to the north, east and south.
4. That approval of this plan will not conform to the general plan and the adopted
policies of the city and therefore meets the reasons for denial stated in Section 66474
of the State Government Code.
Although the project proposed under the precise plan meets the density allowed
under the existing Residential-Low-Medium 3-6 dulacre designation of the General
Plan the Commission finds that the lot layout on the eastern portion of the site is not
compatible with existing lot sizes to the north, south and east. In addition, it is
necessary to adopt both the rezone and precise plan in order to achieve the proposed
density of 12 dulac which is at the upper range of density allowed (6 dulac). The
Planning Commission finds a more appropriate density given the surrounding
neighborhood would be more in the mid range of allowable density. This would also
allow the proj ect more consistent with City policies reflecting the importance of
neighborhood compatibility.
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the
City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA
VISTA, CALIFORNIA, this 10th day of May, 2006, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
13-72
Vicki Madrid, Chairperson
ATTEST:
Diana Vargas, Secretary
J:\Plannmg\Case Files\-06 (FY 05-06)\GPA\ gpa-05-Dl]CS-03-01-PCRes
13-73
ATTACHMENT 4
PLANNING COMMISSION RESOLUTION
AND MINUTES FOR MAY 10, 2006
13-74
3. PUBLIC HEARING: PCS 05-03 I PCS 04-06; Consideration of the
following:
a. Rezone with Precise Plan Modifying District to
change to eastern 200 feet of project site from
R1 to R1 P6 along with Precise Plan
development standards.
b. Tentative Subdivision Map to divide 2.06 acre
project site located at 160 North Del Mar into
12 residential lots and one common lot in
order to allow a planned residential
development. Villas Del Mar, LLC.
Background: Jeff Steichen reported that the project proposes to subdivide a
2.06 acre lot into 12 single-family residential lots ranging in size from 4,291 sf
to 6,511 sf.
The site constraints of the project are:
Confiquration - The parcel is long and narrow with only 80 feet of frontage
along North Del Mar Avenue.
Topoqraphv - The existing site contains steep terrain, which slopes
downward to the west.
Access - Access to the project will be via a 24 foot wide private drive
connecting to North Del Mar Avenue. Due to the narrow width, no parallel on-
street parking shall be allowed. Although North Third Ave. abuts the western
edge of the property, only half of the needed right-of-way width for public
residential street has been granted for a public street. Widening of the Third
Avenue easement in order to create a public road would be difficult due to
topographic constraints and negative impacts to the mobilehome park to the
west. If an access road were to be provided along northThird Avenue, there
is no room to provide a turn around that would meet the requirements for
emergency vehicles.
The applicant proposes rezoning of the eastern 200 feet of the site from the
existing R1 to match the existing R1P6 zoning on the rnajority of the site.
This would allow for a maximum density of 6 units per acre.
Each of the units will have a two car garage and on-street guest parking is
being provided for 10 spaces. There are conditions being proposed for the
CC&R's stating that the garages must be free and clear for parking of two
vehicles at all tirnes, no on-street parking will be allowed along the private
street and that the driveway should be available for additional guest parking.
Frank Rivera, City Engineer stated that based on concerns expressed from
surrounding residents, a traffic analysis was conducted and traffic counts
were conducted on North Del Mar and North Second Ave. which, determined
13-75
Planning Commission Minutes
-2-
May 10, 2006
that the added traffic that the proposed project would generate would still be
within the City's design guidelines as a Level of Service C.
Staff Recommendation: That the Planning Commission adopt resolution
recommending that the City Council approve t~e proposed rezone and
Tentative Subdivision Map based on the findings arid subject to the conditions
contained therein.
,
Commission Comments:
Cmr. Nordstrom inquired how the no-parking restriction on the private street
within the project would be enforced.
John Schmitz responded that it would be part of the CC&R's and the Home
Owners Association would be responsible for enforcing those rules.
Cmr. Felber inquired how the parking in the garages would be enforced.
John Schmitz stated that, as with the no-parking restriction, the HOA would
be responsible for enforcing them.
Public Hearing Opened.
Gil Martinez, GMA IntI. stated that they worked extensively with all City
departments (Fire, Engineering, Planning) for over two years and as with
most in-fill projects, there are issues and constraints associated with the
proposal.
Mr. Martinez stated that after extensive work and redesign of the project, they
believe that they have a project that is compatible with the neighborhood and
surrounding land uses. The project offers the following benefits to the
community:
. the project is compatible with the neighborhood and land uses
. the project maintains the existing land form, slopes, etc.
. the project is satisfying the demand for moderate price housing
. the project is proposing a park accessible to the residents and maintained
by the HOA
. the project will contribute over a half million dollar in fees to the City
Mr. Martinez stated he was available to answer any questions or concerns
that the Commission or members of the public might have.
Cmr. Bensoussan asked for clarification as to whether the park would be
private or public.
13-76
Planning Commission Minutes
- 3-
May 10, 2006
Mr. Martinez responded that this is not a gated community, therefore, it would be
accessible to local residents, albeit, through a private street.
Lance Longaker, 250 Vista Del Mar Ct. stated that where normall a 7,000 sf lot
is what is required for a project such as this, the develQper is proposing to reduce
the lots to 4,300 sf in order to squeeze in 12 units into such a small area.
Furthermore, by developing on a private road s. a public road, they are able to
get away with not installing street improvements i.e. sidewalks, parking spaces,
and height requirements on the homes. If they reduced the project from 12 to 10
units, they'd be able to meet the turn-around space for emergency vehicles. He
opposes the project as proposed.
Don Sandoval, 153 North Del Mar, Chula Vista stated that his main concern is
that he's heard that the developer is going to haul in over 400 tons of dirt behind
his home to elevate the property. He is concemed with where the ground level is
going to be and what that's going to do with the view that he presently enjoys.
He opposes the project as proposed.
Duane Sandoval, 547 Laguna Street, Chula Vista, stated that he does not
oppose change, however, as Mr. Longaker stated earlier, the project size
exceeds what the property can comfortably support. Mr. Sandoval recommends
that the zone remain R-1 and stated that there will definitely be traffic impacts if
12 more houses are allowed to be constructed. He opposes the project as
proposed.
Terry Sapp, 255 Shirley Street, Chula Vista, stated she opposes the project as
proposed because the property is too small to support the density the builder is
proposing. Furthermore, it's inconceivable that residents would be prohibited
from parking in front of their own house or that someone's RV might impede
access to an emergency vehicle because the roads are too narrow.
Alfred Welker, 168 North Del Mar Avenue; stated he opposes changing the
zone from R-1 to R1 P6 and opposes the project because of the small lot sizes in
order to cram as much density as the can get away with in this small parcel;
these many houses being served by such a narrow drive is going to create
problems.
Cmr. Bensoussan stated she counted 3 lots in the section that is zoned R-1 and
inquired from the developer what is the number of units he is proposing for this
section.
Federico Escobedo, representing Villas Del Mar responded that they are
proposing to put 2 units in the R-1 section.
Public Hearing Closed.
13-77
Planning Commission Minutes
-4-
May 10, 2006
Cmr. Bensoussan inquired why this isn't a General Plan Amendment if they are
proposing to change the zone.
Mr. Schmitz responded that the General Plan land use designation would allow
them the density they are proposing; it's a matter; of how those units are
distributed within the property. This is one parcel with two zonings.
Cmr. Bensoussan stated she is concerned with compromising the integrity of
the R-1 zone. Already the allowance of ADU's in the R-1 zone is turning it into R-
2. emr. Bensoussan further stated that she doesn't see an overriding
consideration or need to change the zoning, other than to be able to get more
units on the parcel.
Cmr. Tripp stated that the project requires 12 deviations; its too big, too tight, it
doesn't fit and he won't be able to support the project.
MSC (Tripp/Bensoussan) (5-0) that the Planning Commission recommend
denial of the project. Motion carried.
13-78
RESOLUTION NO. PCZ 05-03/ PCS-04-06
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCn.
DENY THE REZONE WITH PRECISE PLAN STANDARDS; AND
DENY THE ACCOMPANYING TENTATIVE. MAP TO DIVIDE
2.06 ACRES LOCATED ON THE WEST SIDE OF N. DEL MAR
AVENUE INTO 12 RESIDENTIAL LOTS AND ONE COMMON
LOT IN ORDER TO ALLOW A PLANED RESIDENTIAL
DEVELOPMENT-VILLAS DEL MAR DEVELOPMENT, LLC.
WHEREAS, on January 20,2004 a duly verified application for PCS 04-06 and on June 22,
2005 a duly verified application for PCZ 05-03 were filed with the City ofChula Vista Planning and
Building Department, requesting approval of a Tentative Subdivision Map to subdivide 2.06 acres
into 13 10ts("Project"), and rezone application requesting a change from the Rl to RlP6 zone with
Precise Plan Modifying District Standards ("Project"); and
WHEREAS, the area of land commonly known as Villas Del Mar (pCS 04-06) Tentative
Subdivision Map (pCS-04-06), Chula Vista Tract No. 04-06, which is the subject matter of this
Resolution, is diagrammatically represented in Exhibit "A", attached hereto and incorporated herein
by this reference, and for the purpose of general description herein consists of2.06 acres located on
the west side ofN. Del Mar Avenue ("Project Site"); and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project for
compliance with the California Environmental Quality Act (CEQA) and has conducted an Initial
Study, IS-04-22 in accordance with CEQA; and
WHEREAS, based on the results ofthe Initial Study, the Environmental Review Coordinator
has determined that the proj ect could result in significant effects on the environment. However,
revisions to the project made by or agreed to by the Developer would avoid the effects or mitigate the
effects to a point where clearly no significant effects would occur; therefore, the Environmental
Review Coordinator has prepared a Mitigated Negative Declaration, IS-04-22; and
WHEREAS, the Planning Commission does hereby find that the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program (IS-04-022) has been prepared in
accordance with the requirements of the California Environmental Quality Act (CEQA), the State
CEQA Guidelines and the Environmental Review Procedures of the City OfChula Vista; and
WHEREAS, The Planning Commission does hereby find that in the exercise of their
independent review and judgment, the Mitigated Negative Declaration and Mitigation Monitoring
and Reporting Program (1S-04-022) in the form presented has been prepared in accordance with
requirements of the Califomia Environmental Quality Act and the Environmental Review Procedures
of the City ofChula Vista; and
WHEREAS, the Planning Commission having received certain evidence on March 10, 2006,
as set forth in the record of its proceedings herein by reference as is set forth in full, made certain
findings, as set forth in their recommending Resolution PCZ-05-03/PCS-04-06 herein, and
recommended that the City Council deny the Project based upon findings of Section 19.14.576 of the
13-79
Municipal Code and in accordance with Government Code Section 66474; and
WHEREAS, the Planning and Building Director set the time and place for a hearing on the
Project, and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the city and its mailing to property owners within 500 feet of the
exterior boundaries of the property, at least 10 days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., May
10,2006 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said
hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
recommends that the City Council deny the Rezone with Precise Plan standards and accompanying
tentative map based upon the following findings:
1. That such use will under the circumstances of the particular case be detrimental to
the health, safety or general welfare of persons residing or working in the vicinity or
injurious to property or improvements in the vicinity;.
The Commission finds that proposed precise plan development standards would
allow the applicant to develop the project site in a way which is not compatible with
the existing development of the surrounding neighborhood. The proposed lot sizes
closest to North Del Mar Avenue are well below the size of the adjacent lots to the
north and south, as well as 2,000 square feet below the minimum lot size required by
the existing RI zone established for parcels fronting on N. Del Mar Avenue and
surrounding residential streets. Traffic generated by allowing development under the
proposed precise plan could negatively impact the neighborhoods existing quality of
life.
2. That such plan does not satisfy the principles for application of the "P" modifying
district as set forth in CVMC 19.56.041:
(a) The Commission finds that although the property is unique in terms of its
topographic constraints on the western portion of the project site, the eastern
portion could still be developed under the existing R-I zoning which would result
in lot sizes and overall density more compatible with the surrounding existing
neighborhood.
(b) The Commission fmds that although the western portion of the property is
adj acent to and contiguous to a zone allowing different land uses, the eastern
portion which is currently zoned R-I is more consistent with the surrounding
residential development than would be the applicant proposal for the eastern
portion of the project site under a precise plan.
(c) The basic or underlying zone regulations for the eastern portion of the proj ect site
currently zoned R-l do allow this part of the development to achieve an efficient
and proper relationship among the uses allowed in the adjacent zones as said
13-80
adj acent uses on the eastern portion of site are also single-family residential R-I
zoned properties.
(d) Although the project site consists of two slightly different ZOI.1e classifications,
being a single parcel, is under one ownership, The Commission finds that it is
not necessary to place a P modifying district over the site in order to enhance
ability to coordinate development of the site.
3.That exceptions granted which may deviate from the underlying zoning
requirements are not warranted to meet the purpose and application of the P precise
plan modifying district;
While the allowance of a precise plan on the western portion of the site which already
contains a P precise plan modifier (RIP6) may allow for a better development pattern
on this portion of the site, given the topographic constraints, and variation in adjacent
land uses, the Commission finds it is not necessary to rezone or allow a precise plan
to extend to the eastern portion of the project site given the size of the existing
residential development to the north, east and south.
4. That approval of this plan will not conform to the general plan and the adopted
policies of the city and therefore meets the reasons for denial stated in Section 66474
of the State Government Code.
Although the project proposed under the precise plan meets the density allowed
under the existing Residential-Low-Medium 3-6 du/acre designation of the General
Plan the Commission finds that the lot layout on the eastern portion of the site is not
compatible with existing lot sizes to the north, south and east. In addition, it is
necessary to adopt both the rezone and precise plan in order to achieve the proposed
density of 12 du/ac which is at the upper range of density allowed (6 du/ac). The
Planning Commission finds a more appropriate density given the surrounding
neighborhood would be more in. the mid range of allowable density. This would also
allow the project more consistent with City policies reflecting the importance of
neighborhood compatibility.
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the
City Council.
PASSED AND APPROVED BY THE PLANNING CO:M:MISSION OF THE CITY OF CHULA
VISTA, CALIFORNIA, this lOth day of May, 2006, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
13-81
Vicki Madrid, Chairperson
ATTEST:
Diana Vargas, Secretary
J ;\Planning\Case Files\-06 (FY 05-06)\GP A \ gpa-05-01_ PCS-03-01-PCRes
13-82
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13-83
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ATTACHMENT 5
LETTERS FROM AREA RESIDENTS
13-84
October 18, 2006
25U VJSta D.el Mm- Comt
Chub Vista, Ca. 5f19-1O
'iD) ~([';~UW~ ,~\i
trill .1
I I I
. PLANNING J
i { Lf r;- fr M)tJ ? OPt?; f\
_I ,iN
RE: Villas Del:ilW:Ir Dev:elopmerrt
Case # pes 04-06
LoC1ltion: 160
North Del Mar Avenue
.AJ::m; Jeff Sreicliea, Pmj,ect Flamer
City Of Chrua Vista
Builclm.g 300. CJmia Vma .Civic .Cemer
276 Fourth Avenue, Chula Vista, Ca. 9-19-10
TIle pl'oposeddeveIDpmemt 100000ed at 160 NorthDel. Mar Ave. {':O"m"""" to :mise
debate- amongst the neighborhElod- and- the City Planning Department. During a recent
neighibmjhood m~ wD the. City.on September 7, 2006 , resid:elttscrfour .cummmlity
gathered to voice- theiF concerns over the-latest proposal fElr the PfOject. It appeared. to
many .of us that ilie City ..coo1d lIDt address the real pl'Obiems voice in the meetiflg. Issues
such. as trash service; postal- service; on meet parking, traffic related problems, side
walk.s,dem>i.ty Wl:t","",ti,"B .~ and l:be useofNorth TIlini Ave. as a viable rente
to access Elr depart the development, were-not addressed in the City proposal. It seems
that the firequmt l1e5pOuse to many of.flUi" roncems. was <<tbis project isa standard suIb
divisiofl and- requires no modifications". I feel that this pfOject in it cUffent propElsal has
lIlkh1essel!l _ .ofl:be issues :raised at ilie laM Pl-mqg enrnm;...'5ien ~ but fuiled
to address the larger concerns of the neighborhood. I will attempt to clarify these- issues
cOOe by ,one.
Allow me to express the fact that the neighborhoEld as a whole is nElt opposed to
ilie developmentoftliis iliot , .in fuct _ of;C/UI".ClJIlreIiIt problems wD Sitrlly ",,;.,,,.1.. ami
the homeless people using the lot fOf shelter or short cuts would be eliminated. That
hemg said, land the .commn..ily feel that the.ilemity fucour small area woo1d ~e lrDge
impact on ElUf life style. The bElttom portion Elf the lot is already zoned RIP6 which
allows up to six homes to be 00ilt at the 1_ portion ofihe lot withpr,ecise pm
modifications. The upper portion Elf the lot has only eighty feet of frontage along N. Del
:iIW:Ir Ave. and t~J fum:feet will be allotted fur a privare mad le3.'\>ing only fifty six:feet
fo1' homes to be built on the south side Elf the-lot. Just looking at the pfOposed map- shows
'liItJw ,CflJW'ded the area will becoo:re andoot of p1ace 'With ilieexistiDg stmctures in ilie
area. Also lot # 5 & 7 combined- is almost 2000 square feet less thai} the minimum
Tequmement fuT a staErlard Iv! size. Although ihe City claims thissbprtage is averngedaut
in the-overall pfOject, we believe-it further shows how the-pial} is crnmming too many
13-85
r
homes on a lot not suited for it. This lot must remain zoned RI if it is to be accepted by
...t.::_ .
"""'" CUllill1lll>liy.
Next lets take on the trash and postal service problems associated with this plan.
Thedewklpmem W1iillI not affiIFd side walks fur its home OWJJJ.e'mdue to the coostrai!El!ts Gf
the lot size and its irregular shape. The problem here is that the trash services will only be
pid:ed up at the top dthe hill ,at:North Del M:m- Awe. W'mdi means that tbirtytrash,
recycle and yard waste receptacles will crowd the street because each can must be spaced
3 feet apart inmder fur the track: to pick them up. This vrouM l'eqmre ahomelev<en reet
of frontage street per home, For 10- homes the required space to stage the cans would be
ahem one lmndredaM $en feet (JIG fuet)ofNorth Del Mar AV:eIllre frontage fur trash
pick up, If the Home Owners Association (BOA) will contract for dumpster service, the
space ooeded to store aIld giveacce.ss to the trash 1ruck wouild be achaJlenge to the
space- starved development. The Fostal Service will require a multiple lock box
located at:Ncrth Del. M:ar Av_. The ,exact location is not known at tis time. People
retrieving their mail will ultimately choose to drive up. the steep. incline rather than walk,
smee there will he no .side w:alks in the dev~aM pn tireir.C3[:S aM ~oo the
frontage road. The problems could become even worse if the BOA decides to make it a
gaited prMlre road.
Finally, I would like to point out the advantages of using North Third Avenue as an
.access road. Ahihough difficult, it WillUlld oot he ilnpossib'le for the city to widen aM pave
this street, even if it is only a one way road, its usefulness in em growing community
woold have many advamages. Fur one tmng having iliroogh Mreet Would allow fur city
maintenance workers to easily access the water, sewer and sterm drains. The developer
is akeady prepared to pave a portiooofThifd Avemrefur this~. The fumre
homeowners of tbis development could use this TOad as an entrance! exit to- their homes.
AIse there is :more vacam .land that ,almtl; ThiFd Avenue wihicll W!iDeventu:aiI.y be huilfton
and will prove to be beneficial at that time to the city as well as the future develeper,
After this .C11IITeIlit ~ is in place thereW'ili! be 1lO m.ote access wia:North Del Mar
to- reach the undeveloped land abutting Third Avenul}. Why not plan today for temormws
chal[emges ! It's the right tmng to de. Using Third Aveme .asa viable route WlJldd ,aiI1OW
emergency, maintenMce and trash services te have easy access to- the development as
wd.as alleviatethe traffic 'coocerns expressed by the community.
In dosing, I would like to thank the City and Developer fOf wmking toward a bettef
-commmmiiy fmalL I heli:elre that the plan is not being :ured to its best potenJIia1 but it is :a
step in the right direction, I must feaffirm that the RI zoning must remain in place unless
a better plan is presented that :may heliefitalI dus , not jilN the rlev<eloper. Density,
trash ,parking and traffic are the. main concerns fOf a ne- ve-te- on this current request.
13-86
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March 17, 2.006
Case Number: DRC-D5-56
Project Description: Design Review for 12 unit planned residential development
known as "Villas Del Mar"
Site Address: 160 North Del Mar Avenue
Project Planner
Planning. Dept
8ldo. 300 .
ChUia Vista Civic Center
. 276 Fourth Avenue
Chula Vista, CA 91910
Attn: Jeff Steichen
I am a properly owner in the surrounding area of this proposed development.
I am concerned. about the environmental impact that this project will have mainly
with traffic-. .
I am suggesting that it:e existing road, North Third Avenue, west of this project, be
used as the main access road fur the residents of the new homes in this development
North Third. Avenue is already designated for utility use for trash and sewer for this.
development .
Please have whatever issues for using North Third Avenue road be addressed and
resolved now. The map shows that there are undeveloped areas around this site..
These areas will probably be developed in the near future, and, they would also
ben.efit with the use this road.
Thanks for your COIlSideration in this matter.
Sincerely,
"J-" /fl- dc'(]@
r=\ !C i--"~ i? fJ I} ,7 P 1\
IoNS [:s, Ie tl Wi !C:j1n\
~111 MAR 1 7 ZOOS JiLJ
PLANNING
Terrie A Sapp
255 Shirley St
Chula VlSt3, CA. 91910
28D Shirfey St.
O1ula Vista. CA 91910
13-88
". .~.;,.;,. .,';~..,.
:..\~.
"'}!f
/1
To Chula Vista Cirj Council and Planning
Apri-I 3, 2006.
Subj : New houses west of Del Mar between Nixon Place and Bay"iew
I strongly object to the placement of 12 new houses and a park on the 2 Y. acres ofland
proposed for the following reasons:
With access streets and side'l'Jalks there are no yards for the houses. Chula V.ista should
maintaiu its bedroom community with nice houses and yards and not jam houses so close
together that neighbors can wash each others windows. Our neighborhood is zoned to
allow single family houses on a lot big enough to have a yard for families. It will ruin it
to jam houses on to little lots so small a parl: for all the houses must be built. A builder
will make his money and leave but we choose to live in our great neighborhood for many
years. Please do not destroy OUR NEIGHBOORROOD OUR HO:iVffiS OUR LIFE
STYLE just because someone wants to make a few extra dollars at our expense.
Proposed park will have problems with who does up keep, it will be used by
neighborhood kids even though it is private, who will be liable for any accidents.
The ~on of 12 families with 2 cars or more will tremendously impact the traffic in
i;l;lis~ood.
~i J'~ 1../'
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Chula Vista, CA 91910
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May 04,2006
250 Vista Del Mar Court
Chula Vista, Ca. 91910
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PLMINlNG
RE: Villas Del Mar Development,LLC
Case # PCZ-05-03!PCS-04-06
Location: 160 North Del Mar Avenue
Attn; Jeff Steichen, Project Planner
City Of Chula Vista
Building 300, Chula Vista Civic Center
276 Fourth Avenue, Chuta Vista, Ca. 91910
To Whom it May Concern,
The proposed development located at 160 North De! Mar has
sparked some concern amongst neighbors in this somewhat tight-knit and
diverse community. Excess traffic, speeding and parking are the greatest
complaints from th.e surrounding impacted area, Therefore, I am writing
this letter in an effort to make the city aware of these concerns.
The number one complaint seems to be directed toward excess of
traffic in the immediate area. Our community is made up many senior
citizens that have been in this neighborhood since its development in the
. 1940's. These senior citizens have since, raised their children, lost loved
ones in service to our country and have witnessed first hand the many
many changes that have taken place over the past 60 years within the city
limits; Since the early 1990's, the makeup of the neighborhood has
reverted back to young families raising multiple children. In the past
fifteen years more than twenty (20) two storey homes have been errected
within this same city block adding more than eighty people to this once,
quiet community. Inevitably, with more residents comes more visitors,
. vehicles and traffic. Since the addition of 20 homeS in the area, the City of
. Chula Vista has done little if anything to improve the streets, sidewalks or
address the traffic problems associated with the newly added residences
to this smail neighborhood. What are the plans that the City intenqs to
implement with the addition of another 12 homes in an already congested
.neighborhood?
Secondly, speeding cars are a growing concern for us residents. It
is not uncommon for vehicles to be traveling on North Dei Mar avenue in
the 50 mile per hour range at any hour of tlie day or night. There are many
young children in the neighborhood playing in the streets and riding bikes
,scooter and roller skates. ',personally have witnessed on several
occassions near misses between speeding vehicles and children on bikes.
13-93
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Also, the comer of C street and North Del Mar Ave is a pick-up and drop-off
point fer the Rosebank Elementary schaus ~vhich brings even more
vehicles to the neighborhood to retrieve or deliver their children to I from
the school bus. Vehicles from Second ave. routinely use North Del Mar
avenue as an alternate ffiuie to access their point of destination. Usually,
people are racinq in their vehicles in an attempt to make it to the
Department or Motor Vehicles before it closes. What does the City intend
to do in regard to the speeding vehicles on this very small stretch of North
DelMar Avenue? I have noticed in other areas of San Diego County that
problems are not addressed until AFTER someone is seriously hurt or
worse. I hope this is not the City Of Chi.lia Vista's standard practice.
Lastly, the lack of parking in the area is a growing problem. On Bay
View Way, vehicles park: on both sides or the street leaving room for only
one vehicle to pass at a time. The problem will definitely impact the
surrounding area with the addition oHlle 12 proposed homes since
undoubtedly the new residents will use the street closes to their home.
Apartments in the immediate area already use North DelMar, Del Mar Court
and Shirley street CIS an overflow parking lot. Does the proposed homes
have plans to provide extra parking for visitors and residents with more
than two (2) vehicles? How does the City plan to rectify this problem?
Please feel free to contact me in regards to this letter or any of the issues
mentioned above. Also keep in mind that I am 110t speaking for just myself,
but for others in the neighborhood who have confided in me to share their
voices. I can provide names and addresses if it would be helpful to the
community.
Thank 'Iou for your time in this matter and hope to hear from you soon.
-/ ' 1 J/ /
!~/( a~~l C:v7~
Mr. Lancelot C. Longaker
(619)P254-2191
13-94
13-95
ATTACHMENT 6
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GUEST PARKING AVAILABILITY
ON SITE DESIGNATED GUEST PARKING
DEL MAR AVE. FRONTAGE GUEST PARKING
OPPORTUNITIES FOR ADDITIONAL PARKiNG
10 CARS
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TOTAL -
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Figure 2
ATTACHMENT 7
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13 99
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ATTACHMENT 8
OWNERSHIP DISCLOSURE FORM
13-100
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PlannIng
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Planning QwJsion
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Develppment Processing
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,HUlA V!S1A
APPLICATION APPENDIX 8
)isclosure Statement
'ursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council
'Ianning Commission and all other official boaies of the City, a statement of disclosure of certain ownership or financial
Iterests, payments, or campaign' contributions for a City of Chu/a Vista election must be filed. The following information
lust be disclosed: .
Ust the names of all persons having a financial interest in the property that is the subject of the application or the
contract, e.g., owner, applican~ ccntractor, subcontractor, material supplier.
vi i \ leu Del JL{ G: ( "Dr"! r: [oPi.'C.V1+, lLC (7,....y A.
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if any person* identified pursuant to (1) above is a corporation or partnership, iist the names of all individuals with
a $2000 investrrent in the business (corporation/partnership) entity.
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~u Ot"~o:..1 ['.1. ~ Cl <i-t-6-
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If any person* identified pursuant tb (1) above is a non-profit organization or trust, list the name" of any person
serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. ..
Please identify every per~on, including i!ny agents, employees, consultants, or independent contractors you have
assigned to represent you before tHe City in this matter. .
'-=F e. J! to'"li G. ,) :f S 0 be' JL"
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Has <;lny person' associated with this contract had any financial deaiings with an officiaJ- of the City of Chula
Vista as It relates to this contract within the past 12 months. Yes_ No~
If Yes, briefly descrilbe the nature of the financi')l interest the official- may have in this contract
Have you made a contribution of more than $250 within the p'ast twelve (12) months to a curre'nt member of the
Chula Vista City Council? No ,/ Yes _ if yes, which Council member? .
13-101
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Planning Division
Department
Development Proces.)ing
mY OF
...:HUIA V1STA
APPLICATION APPENDIX B
Disclosure Statement - Page 2
7. Have you fJrovided-more than $340 (or an item of equivarent varue) to an officiaj- of the City of Chula Vista in the
past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.)
Yes No---L
If Yes, which officiaI- and what was the nature of item provided?
Date:
'{/I~/c1
I
Sig~~~ctor/APPlicant
~I G, J Vi \ )) G.1f -:UN'" ID(.l .0" '''1 +-- U-C.print or
type name of Contractor/Applicarlt '
*
Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other
political subdivision, -or any other group or combination acting as a unit.
-
Official inclUdes, but is not limited to: Mayor,' Council member, Planning COrT1missioner, Member of a board,
commission, or committee af the City, employee1 or staff members.
13-102
RESOLUTION NO. 2006-_(pCS-04-06)
RESOLUTION OF THE CITY OF CHULA VISTA CITY
COUNCIL ADOPTING MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING
PROGRAM IS-04-022 AND APPRDVING AND
ESTABLISHING CONDITIONS OF A TENTATIVE MAP FOR
VILLAS DEL MAR, CHULA VISTA TRACT 04-06 - VILLAS
DEL MAR DEVELOPMENT, LLC.
I. RECITALS
A. Project; Application for Discretionary Approval
WHEREAS, on January 20, 2004, a duly verified application was filed with the City of
Chula Vista Planning and Building Department, requesting approval of a Tentative
Subdivision Map to subdivide 2.06 acres into 12 residential lots and one common lot
("Previous Project") by Villas Del Mar Development, LLC ("Developer"); and
WHEREAS, on May 10, 2006 the Planning Commission discussed the previous project and
expressed concerns 1) the number and size oflots and 2) the number ofrequested deviations
from development standards needed to develop the project; and
WHEREAS, following the Planning Commission meeting of May 10, 2006 the applicant has
revised the previous project and reduced the number of residential lots from 12 to 10 and
eliminated the common lot ("Currently Proposed Project"); and
B. Project Site
WHEREAS, the area ofland commonly known as Villas Del Mar Tentative Subdivision Map
(pCS-04-06), Chula Vista Tract No. 04-06, which is the subject matter of this Resolution,
and is diagrammatically represented in Exhibit "A", attached hereto and incorporated herein
by this reference, and for the purpose of general description herein consists of 2.06 acres
located on the west side ofN. Del Mar Avenue, north ofC Street, west ofN. Second Avenue
and south of Bay View Court, located within the Residential Low Medium Designation (3-6
dwelling units per acre) of the General Plan, and the Residential Single Family (R-I-P6) zone
(Single Family Residential Zone, Precise Plan Modifying District ), consisting of APN 563-
290-04 ("Project Site"); and
C. Environmental Determination
WHEREAS, the Environmental Review Coordinator has reviewed the Previous Project for
compliance with the California Environmental Quality Act (CEQA) and conducted an Initial
Study, IS-04-22 in accordance with CEQA; and
WHEREAS, a Mitigated Negative Declaration (IS-04-022) was prepared for the Previous
Project, which involved the residential development of the 2.06-acre parcel within the
western portion of the city; and
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Resolution No. 2006-
WHEREAS, based on the results of the Initial Study, the Environmental Review Coordinator
determined that the Previous Proj ect could result in significant effects on the environment.
However, revisions to the Previous Project made by or agreed to by the Developer would
avoid the effects or mitigate the effects to a point where clearly no significant effects would
occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative
Declaration, IS-04-22; and
.
WHEREAS, on March 6, 2006, the Resource Conservation Commission determined that
Initial Study IS-04-22 for the Previous Project was adequate, and recommended adoption of
the Mitigated Negative Declaration, IS-04-22; and
WHEREAS, the Environmental Review Coordinator has determined that the changes to the
currently proposed project, which were predicated upon previous Planning Commission and
Public Review, are minor with no additional environmental impacts or issues identified that
are not already covered under the Mitigated Negative Declaration 15-04-022 addressed in the
previous project. Therefore, pursuant to CEQA Guidelines Section 15073.5(c) recirculation
of the Mitigated Negative Declaration is not required; and
WHEREAS, on October 18,2006, the Planning Commission recommended adoption of
Mitigated Negative Declaration IS-04-22 to the City Council.
D. Plannilmg Commission Record on Applications
WHEREAS, the Planning Commission held a noticed public hearing on the Project on May
10, 2006, and after hearing staffs presentation and public testimony voted (5-0) to
recommend that the City Council deny the Project, in accordance with applicable findings;
and
WHEREAS, the Planning Commission held a noticed public hearing which rescinded
previous action to deny the project and reconsider a revised subdivision map with 2 lots less
and no other entitl=ents (Currently Proposed Project) on October 18, 2006, and after
hearing staffs presentation and public testimony voted 5-0-1 to 1) rescind previous action
taken on the original project on May 10, 2006 and 2) recommend that the City Council
approve the Currently Proposed Project with the added condition that the project be revised
to provide sidewalks on at least one side of private drive throughout the project, in
accordance with the findings and subject to the conditions listed below; and
E. City Council Record on Applications
WHEREAS, the City Clerk set the time and place for the public hearing on the Project's
tentative subdivision map application; and notice of said hearing, together with its purpose,
was given by its publication in a newspaper of general circulation in the City, its mailing to
property owners within 500 feet of the exterior boundary of the Project, at least 10 days prior
to the hearing; and
WHEREAS, the duly called and noticed public hearing on the Project was held before the
City Council of the City of Chula Vista on November 14, 2006, in the Council Chambers,
276 Fourth Avenue, at 4:00 p.m. to receive the recommendations of the Planning
Commission, and to hear public testimony with regard to the same.
13-104
2
Resolution No. 2006-
NOW THEREFORE BE IT RESOLVED that the City Council does hereby find, determine
and resolve as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planhing Commission at its public
hearing on the Currently Proposed Project held on October 'II, 2006 and the minutes and
Resolution resulting therefrom, are hereby incorporated into the record of this proceeding.
Ill.CERTIFICATION OF COMPLIANCE WITH CEQA AND INDEPENDENT
JUDGMENT OF CITY COUNCIL
The City Council has exercised their independent review and judgment and concurs with the
Planning Commission, Resource Conservation Commission, and Environmental Review
Coordinator's determination that Mitigated Negative Declaration and Mitigation Monitoring
and Reporting Program (1S-04-22), in the form presented, has been prepared in accordance
with requirements of the California Environmental Quality Act (CEQA), the State CEQA
Guidelines and the Environmental Review Procedures of the City of Chula Vista and hereby
adopt the Mitigated Negative Declaration and Mitigation Monitoring Program 1S-04-022,
IV. TENTATIVE SUBDIVISION MAl' FlNDINGS
A. Pursuant to Government Code Sections 65300 et. seq. (planning and Zoning Law), and
66473.5 (Subdivision Map Act), the City Council fmds that the Project, as conditioned
herein, is in conformance with the el=ents of the City's General Plan based on the
following:
1. Land Use
The project will be developed at a density of 5 dwelling units per acre, which is
within the allowable residential density range of 3-6 dwelling units per acre. The
project design is consistent with the clustering provision of the Land Use Element,
because the clustered design will preserve significant areas of steep slope. Also, the
project proposes a detached single family plarmed development which will be
consistent with the character intended for a Residential Low-Medium area, and will
be more compatible with the development of the surrounding area, which is primarily
single family residential. The proposed project provides housing opportunities in the
northwest portion of the City.
2. Circulation
The Developer will construct the on-site private street. Off-site public streets
required to serve the subdivision already exist. Required public street improvements
will be provided by the Developer through the attached Conditions of Approval. The
private street within the Project will be designed in accordance with the City design
standards and! or requirements and provide for vehicular and pedestrian connections.
This project area currently has 62 dwelling units. With this project, the total will
increase to 71 dwelling units served by the three existing streets: Bayview Way,
13-105
3
Resolution No. 2006-
Shirley Street and North Del Mar Avenue. The existing City design criteria states
that single family residential development shall not exceed 120 residential lots unless
two points of access are provided. The project does not create any traffic impacts on
the local roadway network because there are three existing points of access. The
three access points serve to better distribute the local traffic in this area. All city
standards will be maintained on all city streets.
3. Public Facilities
The Project has been conditioned to ensure that all necessary public facilities and
services will be available to serve the Project concurrent with the demand for those
services. There are no public service, facility, or phasing needs created by the Project
that warrants the preparation of a Public Facilities Financing Plan.
4. Housing
The Project is consistent with the density prescribed within the Residential - Low
Medium General Plan designation, and the Project provides additional opportunities
for single family residential home ownership.
5. Growth Management
The Project is in compliance with applicable Growth Management Element
requirements because there are no public service, facility, or phasing needs that
warrant the preparation of a Public Facilities Financing Plan.
6. Open Space and Conservation
The project proposes clustering of the development of dwellings on the lower
elevations in order to minimize grading of steep slopes. The Environmental Review
Coordinator has prepared a Mitigated Negative Declaration, IS-02-045, which
addressed the goals and policies of the California Environmental Quality Act, and
found the development of the site to be consistent with the goals and policies of the
Conservation Element.
7. Parks and Recreation
The Project has been conditioned to pay park acquisition and development fees prior
to recordation of the Final Map.
8. Safety
The City Engineer, Fire and Police Departments have reviewed the proposed
subdivision for conformance with City safety policies and have determined that the
proposal, as conditioned, meets those standards. A Fire Protection Plan has been
prepared and approved by the City Fire Marshal.
9. Noise
The Project has been reviewed for compliance with the Noise Element and will
comply with applicable noise measures at the time of issuance of the building permit.
The Project has been conditioned to require that all dwelling units be designed to
13-106
4
Resolution No. 2006-
preclude interior noise levels over 45 dBA and exterior noise exposure over 65 dBA
for all outside private yard areas.
10. Scenic Highwav
This Project Site is not located adjacent to or visil;>le from a designated scemc
highway.
11. Seismic Safety
A preliminary geotechnical investigation has been prepared for the project, which
determined that a trace of the potentially active Nacion Fault is present on the
property. The report recommended that certain geotechnical mitigation measures be
required, which have been included in the Mitigated Negative Declaration as
conditions of approval. Also, another condition of approval has been included which
requires that a detailed soils report and geo-technical study be prepared in conjunction
with grading plans, and that the Developer follow the recommendations of the
geotechnical report and study prepared in conjunction with the grading plans.
B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the City
Council finds that the configuration, orientation, and topography of the site allows for the
optimum siting of lots for natural and passive heating and cooling opportunities and that
the development of the site will be subject to site plan and architectural review to insure
the maximum utilization of natural and passive heating and cooling opportunities.
C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the Council
certifies that it has considered the effect of this approval on the housing needs of the
region and has balanced those needs against the public service needs of the residents of
the City and the available fiscal and environmental resources.
D. The site is physically suited for residential development because the proposed site can
accomodate the density of residential development called for by the General Plan while at
the same time grading the site in such as way that is sensitive to the existing sloping
topography of the site.
E. The conditions herein imposed on the grant of permit or other entitlement herein
contained are approximately proportional both in nature and extend to the impact created
by the proposed development.
BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to
the general and special conditions set forth below.
V. Government Code Section 66020 NOTICE
Pursuant to Government Code Section 66020(d)(!), NOTICE IS HEREBY GIVEN that the 90
day period to protest the imposition of any impact fee, dedication, reservation, or other exaction
described in this resolution begins on the effective date of this resolution and any such protest
must be in a manner that complies with Section 66020(a) and failure to follow timely this
13-107
5
Resolution No. 2006-
procedure will bar any subsequent legal action to attack, set aside, void or annual imposition.
The right to protest the fees, dedications, reservations, or other exactions does not apply to
planning, zoning, grading, or other similar application processing fees or service fees in
connection with the project; and it does not apply to any fees, dedication, reservations, or other
exactions which have been given notice similar to this, nor does it revive challenges to any fees
for which the Statute of Limitations has previously expired.
VI. GENERAL CONDITIONS OF AFPROY AL
A. Project Site is Improved with Project
The Developer, or his/her successors in interest and assigns, shall improve the Project Site
with the Project as described in the Tentative Subdivision Map, Chula Vista Tract No. 04-06,
Villas Del Mar.
VII. SPECIAL COJ'li'DITIONS OF APPROY AL
A. The conditions herein imposed on the tentative map approval herein contained is
approximately proportional both to nature and extent of impact created by the proposed
development. Unless otherwise specified, all conditions and code requirements listed below
shall be fully completed by the Developer or successor-in-interest to the City's satisfaction
prior to approval of the Final Map, unless otherwise specified:
GENERAL! PLANNING AND BUILDING
1. All of the terms, covenants and conditions contained herein shall be binding upon and
inure to the benefit of the heirs, successors, assigns and representatives of the Developer
as to any or all of the property.
2. Developer and/or his/her successors in interest, shall comply, remain in compliance and
implement, the terms, conditions and provisions, as are applicable to the property which
is the subject matter of the Tentative Subdivision Map, as recommended for approval by
the Planning Commission on October 18, 2006. Prior to approval of the Final Map for
the project, the Developer shall enter into an agreement with the City, providing the City
with such security and implementation procedures as the City may require compliance
with the above regulatory documents. The Agreement shall also ensure that, after
approval of the Final Map, the Developer and his/her successors in interest will continue
to comply, remain in compliance, and implement such Plans.
3. Any and all agreements that the Developer is required to enter into hereunder shall be in a
form approved by the City Attorney.
4. Design and construct all street improvements in accordance with Chula Vista Design
Standards, Chula Vista Street standards, and the Chula Vista Subdivision Manual unless
otherwise approved by the City Engineer. Obtain City Engineer approval of detailed
improvement plans prepared by a registered civil engineer licensed in the State of
California detailing horizontal and vertical alignment of public improv=ents.
13-108
6
Resolution No. 2006-
Said improvements shall include, but not be limited to, asphalt concrete pavement, base,
concrete curb, gutter, sidewalk, pedestrian ramps, driveway, sewer and water utilities,
drainage facilities, street light, and fire hydrants.
5. Guarantee the construction of public street improvements deemed necessary to provide
service to the subject subdivision in accordance with City s~andards.
,
6. Detailed street tree Plans for the Project shall be submitted concurrent with grading plan
submittal and approved prior to approval of the Grading Permit by the Director of
Building and Planning or designee. Plans shall be prepared by a registered Landscape
Architect pursuant to the City's Landscape Manual, City Grading Ordinance and
Subdivision Manual.
7. All retaining wall footings that occur within planter areas shall be of a deep-footed design
to accommodate shrub plantings and tree planting where occur. In some cases this may
be a specially designed footing to satisfy this condition. The tree and shrub plantings
shall conform to the approved landscape concept plan.
8. Developer shall comply with all applicable sections of the Chula Vista Municipal Code,
the City Growth Management Ordinance, and the City's General Plan, as amended from
time to time. The Developer shall prepare any final maps and all plans in accordance
with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision
Ordinance, Grading Ordinance, the Landscape Manual, and Subdivision Manual.
9. If any of the terms, covenants or conditions contained herein shall fail to occur or if they
are, by their terms, to be implemented and maintained over time, if any of such
conditions fail to be so implemented and maintained according to their terms, the City
shall have the right to revoke or modify all approvals herein granted including issuance of
building permits, deny, or further condition the subsequent approvals that are derived
from the approvals herein granted, institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. The Developer shall
be notified in writing 10 days in advance prior to any of the above actions being taken by
the City and shall be given the opportunity to remedy any deficiencies identified by the
City.
10. Submit a "Recycling and Solid Waste Management Plan" which has been approved by
the City of Chula Vista Conservation Coordinator. The plan shall demonstrate those steps
the Developer will take to comply with Municipal Code, including but not limited to
Sections 8.24 and 8.25, and meet the State mandate to reduce or divert at least 50 percent
of the waste generated by all residential, commercial and industrial developments. The
Developer shall contract with the City's franchise hauler throughout the construction and
occupancy phase of the proj ect. The plan shall incorporate trash enclosures which are
designed to comply with the City's N.P.D.E.S. permit if applicable, to provide
compatibility with the architectural style of the development, and to enhance trash
enclosure doors where they are highly visible.
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Resolution No. 2006-
11. Developer shall diligently implement, or cause the implementation of all mitigation
measures pertaining to the Project identified in Mitigated Negative Declaration, IS-04-22.
Mitigation measures not satisfied by a specific condition of this Resolution or by Project
design shall be implemented to the satisfaction of the Director of Planning and Building.
Mitigation Measures shall be monitored via the Mitigation Monitoring Program approved
in conjunction with the above Mitigated Negative Dilclaration. Modification of the
sequence of mitigation shall be at the discretion of the Director of Planning and Building
should changes in the circumstances warrant such revision.
12. Developer and/or its successors-in-interest shall, to the satisfaction of the Environmental
Review Coordinator, deposit funds sufficient to pay the costs associated with the hiring
of a Mitigation Monitor (biological specialist) to oversee the implementation of the
biological mitigation measures identified in the IS-04-22 Mitigation Monitoring and
Reporting Program.
13. Present written verification to the City Engineer from Sweetwater Authority that the
subdivision will be provided adequate water service and long-term water storage facilities
and comply with other requirements delineated in comment letter dated March 28, 2006.
14. Install fire hydrants as determined by the City Fire Marshall. Said hydrant locations shall
be shown on the grading and/or improvement plans.
15. Provide evidence to the satisfaction of the City Engineer of ties to established survey
monuments for the proposed street centerlines prior to issuance of any grading or
construction permits, or approval of the final map.
16. Developer shall submit copy of agreement for review and approval by the Director of
Planning and Building for new homeowners to sign agreeing to restriction contained
within the CC&R's regarding the use and restrictions for individual driveways and
garages.
17. Include sidewalks along at least one side of private drive thoughout the project. Submit
revised drawings to Director of Planning and Building and City Engineer for review and
approval prior to issuance of grading permits.
GRADINGIDRAINAGE/NPDES
18. Submit and obtain approval by the City Engineer of grading plans prepared by a
registered civil engineer. All grading and pad elevations shall be within 2 feet of the
grades and elevations shown on the approved tentative map or as otherwise approved by
the City Engineer and Planning Director. Grading and improvement plans shall be based
on NA VD88 vertical datum. All offsite grading and construction shall require signed and
notarized letters of permission from the affected property owners.
19. Design all lot grading so that lot lines are located at the top of slopes. This may require
the use of retaining walls along some lot lines. All retaining walls shall be noted on the
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Resolution No. 2006-
grading plans and include a detailed wall profile. The maximum height of all retaining
walls shall not exceed 6 feet per Section 19.58.150 of the Chula Vista Municipal Code.
Structural wall calculations are required if walls are not built per City Standards and/or if
fences are to be placed on top of retaining walls.
20. Submit and obtain approval by the City Engineer for :p1 erOSlOn and sedimentation
control plan as part of grading plans.
21. Show the location of cut/fill lines based on existing topography on grading plans.
22. Submit a list of proposed lots indicating whether the structure will be located on fill, cut,
or a transition between the two situations prior to approval of the final map.
23. Submit a detailed geotechnical report prepared, signed and stamped by both a registered
civil engineer and certified engineering geologist prior to approval of grading plans and
issuance of a grading permit.
24. Submit a drainage study prepared by a registered civil engineer to be reviewed and
approved by the City Engineer prior to issuance of a grading permit or other development
permit. Design of the drainage facilities shall consider existing onsite and offsite
drainage patterns. The drainage study shall calculate the pre-developed and the post-
developed flows and show how downstream properties and storm drain facilities are
impacted. The study shall include calculations sizing the proposed underground
detention system. The extent of the study shall be as approved by the City Engineer. The
energy dissipaters shall be designed to accommodate the runoff velocities from a 100-
year storm.
25. All onsite drainage facilities shall be private.
NPDESREOUIREMENTS
26. Comply with all provisions of the National Pollutant Discharge Elimination System
(NPDES) and the Clean Water Program during and after all phases of the development
process, including but not limited to: rough grading, construction of street and
landscaping improvements, and construction of dwelling units.
27. The IS-foot wide sewer access road (Third Avenue Extension) shall be designed to
handle storm water runoff form the site and from the adjacent properties to the north.
Provide erosion control measures at the northerly end of said sewer access road and a
PCC cross gutter at the storm drain outlet structure from the development.
28. The proposed project is subject to NPDES General Construction Permit requirements.
Obtain permit coverage and develop a Storm Water Pollution Prevention Plan (SWPPP)
prior to the issuance of a Land Development (Grading) Permit. Said SWPPP shall
include construction and post-construction Best Management Practices (BMPs) for storm
water pollution prevention, as well as funding mechanisms for post-construction BMPs.
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Resolution No. 2006-
29. The applicant is required to complete the applicable forms upon submittal of the project
grading plans (see City of Chula Vista's Development and Redevelopment Storm Water
Management Requirements Manual) and comply with the Manual's requirements.
30. According to the NPDES Municipal Permit, Order No. 2001-01, this project is
considered a Priority Development Project and, hence, subject to the requirements of the
Standard Urban Storm Water Mitigation Plans (SUSMPs) and Numeric Sizing Criteria.
31. The developer shall enter into an agreement to fully implement NPDES best management
practices ("BMPs") to reduce the amount of pollutants entering the city's storm water
conveyance system, including but not limited to:
a. Providing storm drain system stenciling and signage; more specifically:
i. Provide and maintain stenciling or labeling near all storm drain inlets and
catch basins.
11. Post and maintain City-approved signs with language and/or graphical
icons that prohibit illegal dumping at public access points along channels
and creeks.
b. Installing and using efficient irrigation systems and landscape design; more
specifically:
1. Employ rain shutoff devices to prevent irrigation after precipitation.
11. Adjust irrigation systems to each landscape area's specific water
requirements
lll. Using flow reducers or shutoff valves triggered by a pressure drop to
control water loss in the event of broken sprinkler heads or lines.
IV. Employing other comparable, equally effective, methods to reduce
irrigation water runoff.
c. Employing integrated pest management principles. More specifically, eliminate
and/or reduce the need for pesticide use by implementing Integrated Pest
Management (IPM), including: (1) planting pest-resistant or well-adapted plant
varieties such as native plants; (2) discouraging pests in the landscaping design;
(3) distributing IPM educational materials to homeowners/residents. Minimally,
educational materials must address the following topics: keeping pests out of
buildings and landscaping using barriers, screens, and caulking; physical pest
elimination techniques, such as, weeding, squashing, trapping, washing, or
pruning out pests; relying on natural enemies to eat pests; and, proper use of
pesticides as a last line of defense.
d. Educate the Public. More specifically, the Homeowners Association, through
Property Management, etc., shall inform residents about the City's non-storm
water and pollutant discharge prohibitions. This goal can be achieved by
distributing informative brochures (some available free from the City of Chula
Vista) to new home buyers and dedicating sections of newsletters to storm water
quality issues, as applicable.
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Resolution No. 2006-
SEWER/WATER
32. All proposed public sewer lines shall be located within the 24-foot public sewer and
access easement. Developer shall be responsible for obtafning any needed offsite sewer
easements. .
33. Design and construct all the sewer mains and manholes within Villas Del Mar Court and
the Third Avenue Extension to public standards in accordance with Chula Vista Design
Standards and Chula Vista Subdivision Manual.
34. A Portland Cement Concrete (PCC) paved access is required through the development.
An asphalt concrete (AC) paved access is required through the Third Avenue Extension
to accommodate City sewer maintenance trucks and fire trucks. All paved access shall be
designed based upon a Traffic Index (TI) of 5.0.
35. If the flow line elevation at the end of the proposed gutter at the northerly end of the
sewer access road is higher than the rim elevation of the existing sewer manhole just to
the north of the property limits, the existing sewer manhole shall be upgraded to a water
tight sewer manhole.
36. An additional sewer manhole shall be required either upstream or downstream ofMH 5,
to prevent a ninety (90) degree bend in the sewer main.
37. The paved sewer access on Third Avenue shall extend to the existing northerly sewer
manhole shown on the Tentative Map.
38. Removable bollards or an approved access gate shall be required at the entrance to the
sewer access road, just south of Lot 10.
STREETS
39. Provide a 100-watt street light on North Del Mar Avenue as approved by the City Traffic
Engineer.
40. Design and construct public street improvements fronting the properties located at 160
and 152 North Del Mar Avenue to connect to the existing improvements south of the
project and provide a transition north of the project. Installation of street improvements
shall include, but not be limited to curb, gutter, sidewalk, alley type apron, cross gutter,
approved pedestrian ramps, and street light on per City Standards. Street improvements
on North Del Mar require a centerline to curb width of 18 feet.
41. Driveway dimensions shall include the width of the driveway flares. Driveways shall
comply with the City of Chula Vista driveway standards per CVCS lA.
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Resolution No. 2006-
42. Streets 'Within the development shall be private.
43. The existing power pole shall be relocated as shown on the Tentative Map. All utilities
services for the subdivision shall be underground.
EASEMENTS
44. Grant to the City a 24-foot public sewer and access easement over the public sewer lines
on the Final Subdivision Map.
45. A private 10-foot storm drain easement on Lot 8 shall be granted on the Final
Subdivision Map to APN 563-290-05-00,152 North Del Mar Avenue.
46. Grant to the City on the Final Subdivision Map a 5.5 foot wide street tree planting and
maintenance easement along North Del Mar Avenue as shown on the Tentative Map.
47. The private 5-foot landscape (Lots 1-10) and 25-foot general utility and drainage
easement (Lot A) within the subdivision boundary shall be conveyed to subsequent
purchasers of Lots 1-10 pursuant to the requirements of Section 18.20.150 of the
Municipal Code of the City of Chula Vista.
AGREEMENTS
48. Agree to defend, indemnify and hold harmless the City and its agents, officers and
employees, from any claim, action or proceeding against the City, or its agents, officers
or employees to attack, set aside, void or annul any approval by the City of Chula Vista,
including approval by its Planning Commission, City Councilor any approval by its
agents, officers, or employees with regard to this subdivision pursuant to Section
66499.37 of the Map Act provided the City promptly notifies the subdivider of any claim,
action or proceeding and on the further condition that the City fully cooperates in the
defense.
49. Agree to hold the City harmless from any liability for erosion, siltation or increase flow
of drainage resulting from this proj ect.
50. Agree to ensure that all franchised cable television companies ("Cable Company") are
permitted equal opportunity to place conduit and provide cable television service to each
lot within the subdivision. Restrict access to the conduit to only those franchised cable
television companies who are, and remain in compliance with, all of the terms and
conditions of the franchise and which are in further compliance 'With all other rules,
regulations, ordinances and procedures regulating and affecting the operation of cable
television companies as same may have been, or may from time to time be issued by the
City of Chula Vista.
51. Agree to comply with all applicable sections of the Chula Vista Municipal Code and
prepare the Final Parcel Map and all plans in accordance with the provisions of the
Subdivision Map Act, Subdivision Ordinance and the Subdivision Manual of the City of
Chula Vista.
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12
Resolution No. 2006-
52. Agree to include provisions in the Declaration of Covenants, Conditions and Restrictions
(CC&R's) assuring maintenance of all common landscaping, open space, streets,
driveways, sewer and drainage systems, which are private. The City of Chula Vista shall
be named as a party to said Declaration authorizing the City to enforce the terms and
conditions of the Declaration in the same manner as any.owner within the subdivision.
All the individual homeowners of the project shall own ail private driveways jointly and
inseparably. Include provision that no private facilities shall be requested to become
public unless 100% of all homeowners have agreed in the form of a written petition.
53. Prior to the approval a Final Map, a Declaration or Supplementary Declaration of
Covenants, Conditions, and Restrictions (CC&R's) shall be submitted and subject to the
approval of the City Engineer and City Attorney. The CC&R's shall include the
following obligations of the Homeowners Association (BOA):
1. A requirement that the HOA shall maintain comprehensive general liability
insurance against liability incident to ownership or use of the following areas:
-All open space lots that shall remain private,
-Other Master Association property.
11. Before any revisions to provisions of the CC&R's that may particularly affect the
City can become effective, said revisions shall be approved by the City. The
HOA shall not seek approval from the City of said revisions without the prior
consent of 100 percent of the holders of first mortgages or property owners within
the HOA.
111. The HOA shall defend, indemnifY and hold the City harmless from any claims,
demands, causes of action liability or loss related to or arising from the
maintenance activities of the HOA.
IV. The HOA shall not seek to be released by the City from the maintenance
obligations described herein without the prior consent of the City and 100 percent
of the holders of fIrst mortgages or property owners within the HOA
v. The HOA is required to procure and maintain a policy of comprehensive general
liability insurance written on a per occurrence basis in an amount not less than
one million dollars combined single limit. The policy shall be acceptable to the
City and name the City as additionally insured to the satisfaction of the City
Attorney.
VI. The CC&R's shall include provisions assuring maintenance of all open space lots,
streets, driveways, drainage and sewage systems which are private.
V11. The CC&R's shall include provisions assuring HOA membership in an advance
notice such as the USA Dig Alert Service in perpetuity.
V111. The CC&R's shall include provisions that provide the City has the right but not
the obligation to enforce the CC&R provisions the same as any owner in the
proj ect.
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Resolution No. 2006-
DC The CC&R provisions setting forth restrictions in these Tentative map conditions
may not be revised at any time without prior written permission of the City.
X. The HOA shall not dedicate or convey for public streets, land used for private
streets without approval of 100% of all the BOA members or holder of first
mortgages within the BOA.
Xl. The HOA shall maintain all water quality facilities III conformance with the
NPDES Municipal Permit, Order No. 2001-01
XU. The CC&R's shall include provisions assuring compliance with the solid waste
and recycling program requirements, to the satisfaction of the City Conservation
Coordinator.
XlII. The BOA shall maintain all landscaping installed in common areas as defined by
the CC&R's.
XIV. CC&R's shall include restriction related to garages and parking as follows:
· Garages must be free and clear to allow for parking of 2 vehicles at all
times.
· No on-street parking along private drive (other than designated guest
parking spaces).
· Driveways shall be available for additional guest parking
54. Developer agrees to submit Homeowners Association budget for review and approval by
the City Engineer for the maintenance of private streets, water quality improvements,
storm drains, sewage systems, electrical system, plumbing and roof. More specifically,
said budget shall include the following provisions and maintenance activities:
a. Streets must be sealed every 7 years and overlaid every 20 years
b. Sewers must be cleaned once a year with the contingency for emergencies
c. Red curbs/striping must be painted once every three years.
d. The Homeowners Association shall be responsible for service utilities including
water and sewer, and the billing and payment of these utility costs.
e. Storm Water quality facilities inspected prior to and after every rain event and
cleaned as necessary (twice a year minimum); media inserts replaced as
recommended by the manufacturer; with a contingency for emergencies. The
budget shall also include a monitoring program including sampling and
preparation of an annual report, when required by the City.
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Resolution No. 2006-
MISCELLANEOUS
55. Tie the boundary of the subdivision to the California System-Zone VI (NAD '83).
56. Submit copies of the final map, grading plan, and improvement plan in a digital format
such as (DXF) graphic file prior to approval of the Final Map. Provide computer aided
Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations
and submit the information in accordance with the City Guidelines for Digital Submittal
in duplicate on 3 II, HD floppy disk prior to the approval of the Final Map.
57. Submit a conformed copy of a recorded tax certificate covering the property prior to
approval of the Final Map.
58. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of
the Final Map and all plans shall be in accordance with the provisions of the Subdivision
Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual.
59. Developer shall install and make operable the fire hydrants, emergency vehicular access
and street signs prior to delivery of combustible building materials, to the satisfaction of
the City Fire Marshal. Said hydrant locations shall be shown on the improvement plans.
60. Provide precise underground fire service plans prior to locating Fire Department
connections and post indicator valves, with placements to be approved by CVFD. All
Fire Department connections must not be any closer than three feet to the face of curb.
61. Provide a water flow analysis for the underground fire service utility. Show all
calculations on a point-to-point system. Provide proof that the most remote fire hydrant
can produce a minimum flow of 1,500 gpm for 2 hours at 20 psi.
62. All underground fire service installation is to be inspected by CVFD. Call 72 hours in
advance to schedule an appointment.
63. Provide contractors material and test certificate for underground pipe.
64. Design all dwelling units to preclude interior noise levels over 45dBA and exterior noise
exposure over 65 dBA for all outside private yard areas.
64. Submit a phasing plan showing sequence of construction and occupancy of the project,
including installation of landscaping, recreation amenities, utilities, and fire protection
improvements.
65. Developer agrees to pay the all applicable fees in accordance with the City Code and
Council Policy. including applicable Transportation Development Impact Fees (TDIF)
and Public Facilities Development Impae.t Fees ("PFDIF").
.'
. , ~
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15
Resolution No. 2006-
VITI. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The property owner and the Developer shall execute this document by signing the lines
provided below, said execution indicating that the property owner and Developer have each
read, understood, and agreed to the conditions contained herein. Upon execution, this
document shall be recorded with the County Recorder of the County of San Diego, at the sole
expense of the property owner and the Developer, and 'a signed, stamped copy of this
recorded document shall be returned to the Planning and Building Department. Failure to
return a signed copy and a stamped copy of this recorded document within thirty days of
recordation to the City Clerk shall indicate the property owner and Developer's desire that
the Project, and the corresponding application for building permits and/or a business license,
be held in abeyance without approval. Said document will also be on file in the City Clerk's
Office and known as Document No.
Signature of Developer or Property Owner
Signature of Developer
IX. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented
and maintained according to their terms, the City shall have the right to revoke or modify all
approvals herein granted, deny, or further condition issuance of all future building permits,
deny, revoke, or further condition all certificates of occupancy issued under the authority of
approvals herein granted, institute and prosecute litigation to compel their compliance with
said conditions or seek damages for their violation. The Developer shall be notified ten (10)
days in advance prior to any of the above actions being taken by the City and shall be given
the opportunity to remedy any deficiencies identified by the City within a reasonable and
diligent time frame.
X. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon
the enforceability of each and every term, provision and condition herein stated; and that in
the event that anyone or more terms, provision, or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed
to be automatically revoked and of no further force and effect ab initio.
Presented by:
Approved as to form by:
Jim Sandoval
Director of Planning & Building
J:lPlanning\casefileslfy05-06IPCS-03-0 1 Ipcs03-0 I.Draft _ CC ]eso.(CC) doc
13-118
16
EXHIBIT "A"
T f"),,~ j, 1"""tIll'\."'l""I
.!"
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 11/21/2006
ITEM TITLE:
A.
Resolution adopting an annexation map,
Annexation No.6, showing territory (Otay Ranch Village
Two) proposed to be annexed to Community Facilities
District No. 97-2 (Preserve Maintenance District) and
Improvement Area C thereto.
B. Resolution declaring its intention to authorize
the annexation, Annexation No.6, of territory (Otay Ranch
Village Two) to Community Facilities District No. 97-2
(Preserve Maintenance District) and Improvement Area C
thereto and setting the public hearing to consider
establishment of the proposed district.
SUBMITTED BY: Acting Director of EngineeringW
/,('
REVIEWED BY: Interim City Manager JI (4/5ths Vote: Yes_ No-1Q
Otay Project LP has requested the City conduct proceedings to consider the annexation of
territory into Improvement Area C of Community Facilities District No. 97-2 (Preserve
Maintenance District) (CFD 97-2). The conditions of approval of the tentative map for
Otay Ranch Village Two require that said annexation be a condition of the first final map
for the project. CFD 97-2 was formed in 1998 and funds the maintenance of areas that
have been conveyed to the preserve in accordance with the Otay Ranch Resource
Management Plan. The City has retained the services of MuniFinancial as special tax
consultant and Best, Best and Krieger, LLP as legal counsel to provide assistance during
the proceedings. Tonight's action will initiate the formal proceedings to consider the
annexation ofOtay Ranch Village Two to CFD No. 97-2, Improvement Area C.
RECOMMENDATION: That Council:
1. Approve the Resolution adopting an annexation map showing territory proposed
to be annexed to Community Facilities District No. 97-2 (Preserve Maintenance
District) and Improvement Area C.
2. Approve the Resolution declaring the intention to authorize annexation of
territory to Improvement Area C of Community Facilities District No. 97-2 and
setting the public hearing to consider establishment of the proposed district.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
14-1
Page 2, Item J.1-
Meeting Date 11/21/2006
DISCUSSION:
In July 1998, Council formed CFD No. 97-2 (Preserve Maintenance District). CFD 97-2
was originally divided into two Improvement Areas: Improvement Area A and
Improvement Area B. Improvement Area A funds the costs of the Resource Monitoring
Program as well as Preserve Operations and Maintenance within the boundaries of the
Otay Ranch Preserve. Improvement Area B only funds the Resource Monitoring Program
within that same area. Improvement Area C was formed in 2003 in conjunction with the
annexation of Brookfield Shea Otay Village Eleven into CFD 97-2 and funds both the
Resource Monitoring Program and Preserve Operations and Maintenance.
Territorv Proposed to be Annexed
The proposed boundaries of the territory proposed to be annexed to Improvement Area C
of CFD No. 97-2 encompass the parcels located within the Village Two, an Urban
Village of approximately eight-hundred and eleven (810.9) acres located south of
Olympic Parkway (Poggi Canyon), west of La Media Road, and north of Wolf Canyon.
Otay Project LP owns 100% of the property within the proposed district. Otay Project LP
Village Two is proposed to contain approximately 1,310 single-family detached homes
and 1,476 multi-family units (365.60 residential acres), industrial areas (94.70 acres) and
a commercial area (12.50 acres), a public school (10.30 acres), three neighborhood parks
(15.40 acres), one community park (44.60 acres), and several Community Purpose
Facility ("CPF") properties (6.30 acres). The Otay Landfill area located to the southwest
of the village will be excluded from the annexation. Staff has reviewed the proposed
annexation boundary map, identified as Annexation Map No.6 to CFD 97-2, and has
found it ready and acceptable for approval by Council. A reduced copy of the map is
presented in Exhibit "B".
Proposed Special Tax
The rate and method of apportionment of the special taxes authorized to be levied within
the existing boundaries ofCFD 97-2 has four categories of taxation, as follows:
. Developed Parcels (Single-Family and Multi-Family Residences) are taxed based
on the square footage of the structure. Industrial and Commercial Parcels are
taxed on the acreage ofthe parcel.
. The Final Mapped properties, which include all single-family and multi-
residential parcels and all industrial and commercial parcels, for which a building
permit has not been issued are taxed on acreage of the parcel.
14-2
Page 3, Item ~
Meeting Date 11/21/2006
· Property not categorized as Developed or Final Mapped Property is taxed on
acreage of the parcel.
. The Exempt Category includes all publicly owned parcels and Homeowner's
Association parcels.
Developed Parcels are those parcels for which a building permit has been issued. The
proposed maximum special tax rate in the rate and method of apportionment was
determined at the time off ormation ofCFD 97-2 in 1998.
Collection of Taxes
At the beginning of each fiscal year the City shall determine the amount of the Special
Tax Liability (budget plus reserve) of each Improvement Area. Then, tbe special taxes
will first be levied within each of the Improvement Areas on the Developed Parcels
therein to fund the Special Tax Liability for such Improvement Area. If this pool of funds
is not enough to fund tbe Special Tax Liability for such Improvement Area, as may be the
case in the early years of development, tbe district will levy the special tax on the vacant
land within such Improvement Area starting with Final Mapped Property. The buffer of
having the vacant land covering any portion of the Special Tax Liability not funded from
special taxes levied on Developed Parcels within an Improvement Area will disappear
once the Improvement Area has been fully developed. If the Special Tax Liability for any
fiscal year for an Improvement Area is less than the maximum special tax authorized to
be levied on the Developed Parcels within such Improvement Area, the actual rate of the
special taxes to be levied on such Developed Property in that specific year will be
reduced accordingly.
Following is a brief discussion of some key issues regarding the "Rate and Metbod of
Apportionment (RMA) of Special Taxes" proposed to be established for territory
proposed to be annexed to Improvement Area C of CFD 97-2 (See Exhibit "A" for full
description ofRMA):
. The Maximum Special Tax Rates increases each year by a factor equal to the
annual percentage change in tbe Consumer Price Index.
. The RMA provides that the annual budget for any year may include an amount
deemed necessary to maintain an adequate level of this operating reserve fund.
. The maximum special tax rates are based on the original Rate and Method of
Apportionment of special taxes established for CFD 97-2 when CFD 97-2 was
formed. If the actual square footage of residential development and/or tbe acreage
of non-residential (industrial and commercial) development within Improvement
14-3
Page 4, Item ~
Meeting Date 11/21/2006
Area C meets or exceeds the projections on which the special tax rates were
based, the actual special tax rate necessary to be levied annually within
Improvement Area C to fund the Special Tax Liability for Improvement Area C
may be less than the authorized maximum special tax.
Approved Maximum Special Taxes
The approved maximum special tax rates for fiscal year 2006/07 for Improvement Area C
ofCFD 97-2 are as follows:
Table 1. Maximum Special Tax for Monitoring
Special Tax Category Maximum Special Tax
(Monitoring)
Residential (per square foot) $0.0062
N on-Residential (per acre) $101.1797
Final Map Property (per acre) $101.1797
Undeveloped Property (per acre) $65.3004
Table 2. Maximum Special Tax for Operations & Maintenance
Special Tax Category Maximum Special Tax
(Operations & Maintenance)
Residential (per square foot) $0.0099
Non-Residential (oer acre) $160.6303
Final Map Property (per acre) $160.6303
Undeveloped Property (per acre) $103.6696
Resolutions
There are two resolutions on tonight's agenda, which, if adopted, will accomplish the
following:
The RESOLUTION ADOPTfNG THE ANNEXATION MAP is the formal action
adopting the Annexation Map No.6 setting forth the boundaries of the territory proposed
to be annexed to Improvement Area C of Community Facilities District No. 97-2
(Preserve Maintenance District).
The RESOLUTION OF fNTENTION is the jurisdictional resolution declaring the
intention of the City Council to authorize the annexation of the territory within
14-4
Page 5, Item ~
Meeting Date 11/21/2006
Annexation Map No.6 to Improvement Area C of Community Facilities District No. 97-
2 (Preserve Maintenance District), thereto, to authorize the levy of a Special Tax, and to
set the time and place for the public hearing. .
Future Actions
The public hearing and consideration of the adoption of a resolution submitting the
authorization for the levy of special taxes to the qualified electors are scheduled for the
City Council meeting of January 9, 2007, at 6:00 P.M.
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
15378 of the State CEQA Guidelines because the creation of government funding
mechanism is not considered a project; 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: All costs of annexation to the district are being borne by the
developers and the on-going administration will be funded entirely by the district. The
City will recover the full cost of staff time expended in district formation and
administration activities in perpetuity.
Exhibits:
"A" Rate and Method of Apportionment
"8" Annexation Map
J:IEngineerIAGENDAICAS2006111-21-06ICFD 97-2 Ann 6 staff agenda for.11-13-06.doc
14-5
EXHIB'T "A"
RATE AND METHOD OF ApPORTIONMENT
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 97-2
IMPROVEMENT AREA C
ANNEXATION NO.6 (OTAY RANCH VILLAGE Two)
A Special Tax of Community Facilities District No. 97-2 (preserve Maintenance District) of
the CIty of Chula Vista ("CFD") shall be levied on all Assessor's Parcels in Improvement
Area C, Annexation No.6 (Otay Ranch Village Two), of the CFD and collected each Fiscal
Year commencing with FIscal Year 2006-2007 in an amount determined through the
applicatlon of the rate and method of apportlonment of the Special Tax set forth below. All
of the real property in the CFD, unless exempted by law or by the provisions hereof, shall be
taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIDNS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area
shown on the applicable Final Subdivision Map, other final map, other parcel map, other
condominium plan, or functionally equivalent map or instrument recorded in the Office of
the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage
multiplied by 43,560.
"Act" means the :Nlello-Roos Community Facilities Act of 1982, as amended, being Chapter
2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the actual or estimated costs incurred by the City,
acting for and on behalf of the CFD as the administrator thereof, to determine, levy and
collect the Special Taxes, including salaries of City employees and a proportionate amount of
the City's general adininistrative overhead related thereto, and the fees of consultants and
legal counsel proVIding services related to the administration of the CFD; the costs of
collectlng installments of the Special Taxes; and any other costs required to administer Area
C of the CFD as determined by the City.
"Assessor's Parcel" means a lot or parcel shown in an Assessor!s Parcel ]\IIap with an
assigned assessor's parcel number.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating
parcels by assessor's parcel number.
"Building Square Foot or Square Footage" means the square footage as shown on an
Assessor's Parcel's building permit of Residential Property excluding garages or other
IIMuniRnancial
Page 1
14-6
structures not used as living space.
"CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement and providing for the levy and collectlon of the
SpecIal Taxes.
"CFD" means Community Facilities District No. 97-2 of the City of Chula Vista.
"City" means the City of Chula Vista.
"City Clerk" means the City Clerk for the City of Chula Vista or his or her designee.
"City Manager" means the City Manager for the City of Chula Vista or his or her designee.
"Community Purpose Facility Property" or "CPF Property" means all Assessor's
Parcels which are classified as community. purpose facilities and meet the requirements of
City of Chula Vista Ordinance No. 2883.
"Council" means the City Council of the City of Chula Vista, acting as the legislative body
of the CFD.
"County" means the County of San Diego, California.
"Developed Property" means all Taxable Property for which a building permit was issued
prior to the March 1st preceding the Fiscal Year in which the Special Tax is being levied.
"Final Map Property" means any residential lot or non-residential lot created by a Final
Subdivision Map, but which is not classified as Developed Property.
"Final Subdivision Map" means a subdivision of property creating residential or non-
residential buildable lots by recordation of a final subdivision map or parcel map pursuant to
the Subdivision Map Act (California Government Code Section 66410 et seg.), or
recordation of a condominium plan pursuant to California Civil Code 1352, that creates
individual lots for which building permits may be issued without further subdivision and is
recorded prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Improvement Area e" or "Area C" means Improvement Area C of the CFD, as
identified on the boundary map for the CFD as amended from time to time.
"Land Use Class" means any of the classes listed in Table 1, Table 2, or Table 3.
"Maximum Special Tax" means the maximum Special Tax, determined in accordance
with Section C below that may be levied in any Fiscal Year on any Assessor's Parcel of
Taxable Property.
"Non-Residential Property" means all Assessor's Parcels of Developed Property for
II MuniFinancial
Page 2
14-7
which a building permit(s) has been issued for a structure or structures for non-residential
use.
"Operating Fund" means a fund that shall be maintained within the CFD for each Fiscal
Year to pay for Resource Monitoring and/ or Preserve Operations and 1'vfaintenance activities
and Administrative Expenses.
"Operating Fund Balance" means the amount of funds in the Operating Fund at the end
of the preceding Fiscal Year.
11 Operating Fund Requirement" means for any Fiscal Year an amount equal to the
Resource J\Ionitoring Fund Requirement and the Preserve Operations and Ivlaintenance
Fund Requirement for the current Fiscal Year in which Special Taxes are levied.
"Preserve Operations and Maintenance" means those activities described in Attachment
A hereto which is incorporated herein by this reference.
II Preserve Operations and Maintenance Fund Requirement" means for any Fiscal Year
an amount equal to the budgeted costs for Preserve Operations and Maintenance plus a pro-
rata share of the budgeted Administrative Expenses of the District for the current Fiscal
Year in which Special Taxes are levied.
"Property Owner Association Property" means any property within the boundaries of
I\rea C of the CFD that is owned by, or irrevocably dedicated as indicated in an instrument
recorded with the County Recorder to, a property owner association, including any master or
sub-association.
"Public Property" means any property within the boundaries of Area C of the CFD that is,
at the time of the CFD formation, expected to be used for any public purpose and is owned
by or dedicated to the federal government, the State, the County, the City or any other
public agency.
"Reserve Fund" means a fund that shall be maintained for the CFD each Fiscal Year to
provide necessary cash flow for the first six months of each Fiscal Year, working capital to
cover monitoring, maintenance and repair cost overruns and delinquencies in the payment of
Special Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies.
"Reserve Fund Balance" means the amount of funds in the Reserve Fund at the end of
the preceding Fiscal Year.
"Reserve Fund Requirement" means an amount equal to up to 100% of the Operating
Fund Requirement for any Fiscal Year.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit(s) has been issued for purposes of constructing one or more residential
dwelling unit.
"Resource Management Plan" means the Oray Ranch Phase 1 Resource Ivlanagement
IIMuniRnancial
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14-8
Plan also referred to as "The Otay Ranch Resource Management Plan" dated October 28,
1993, and the Otay Ranch Phase 2, Resource Management Plan dated June 4,1996, as both
such plans may be amended from time to time.
"Resource Monitoring Program" means those described in Attachment B hereto which is
incorporated herein by this reference.
"Resource Monitoring Fund Requirement" means for any Fiscal Year an amount for
each Improvement Area equal to the Improvement Area's fair share of the budgeted costs of
the Resource Monitoring Program plus a pro rata share of the budgeted Administrative
Expenses of the CFD for the curren t Fiscal Year in which Special Taxes are levied.
Improvement Area C's "fair share" shall be based on Improvement Area C's percentage of
the total acreage WIthin the Otay Ranch General Development Plan Planning Area for which
a Resource Monitoring Program funding mechanism has been established.
"Special Tax" means the Special Tax levied pursuant to the provisions of sections C and D
below in each Fiscal Year on each Assessor's Parcel of Developed Property and
Undeveloped Property in Area C to fund the Special Tax Requirement.
"Special Tax Requirement" means that amount required in any Fiscal Year for Area C to:
(i) pay the Resource Monitoring Fund Requirement, and Preserve Operations and
:LvIaintenance Fund Requirement, less the Operating Fund Balance, and (ii) pay any amounts
required to establish or replenish the Reserve Fund to the Reserve Fund Requirement; (ill)
pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for
Special Taxes levied in the previous Fiscal Year.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of Area C of
the CFD that are not exempt from the Special Tax pursuant to law or as defined below.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified
as Developed Property.
RMuniFinancial
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14-9
B. ASSIGNMENT TO CATEGORIES OF SPECIAL TAX
Each Fiscal Year using the definitions above, all Taxable Property within Area C,
Annexation No.6 (Otay Ranch Village Two), of the CFD shall be classified as Category I,
Category II, Category III or Exempt. Developed Property, Final Map Property or
Gndeveloped Property, and shall be subject to Special Taxes pursuant to Sections C and D
below. Developed Property shall be further assigned to a Land Use Class as specified in
Table 1.
C. MAXIMUM SPECIAL TAX RATE
CATEGORY I
Category I includes Developed Property within the District ("Category I").
The Maximum Special Tax for Resource Monitoring, and Preserve Operations and
Maintenance for Fiscal Year 2006-2007 on Developed Property are the rates set forth in
Table 1 below. For Residential Property, the Special Tax shall be levied based upon Building
Square Footage and for Non-Residential Property shall be levied based on Acreage.
TABLE 1
MAXIMUM SPECIAL TAX FOR CATEGORY I
COMMUNITY FACILITIES DISTRICT NO. 97-2
IMPROVEMENT AREA C
(FISCAL YEAR 2006-2007)
Description Resource Operation & Total
Monitoring TYlaintenance
Residen tial $0.0062 sq ft $0.0099/ sq ft $0.0162/sq ft
Non- $101.1797/acre $160.6303/acre $261.81/acre
Residential
CATEGORY II
Category II includes each Assessor's Parcel of Taxable Property within the District for which
a Final Map has been recorded, but which is not classified as a Developed Parcel ("Category
II")
The MaJumum Special Tax for Resource Monitoring, and Preserve Operations and
Maintenance approved for Fiscal Year 2006-2007 on each Assessor's Parcel in Category II is
the rate set forth in Table 2 below (said amount to be levied pro rata for any portion of an
Acre).
RMuniRnancial
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TABLE 2
MAXIMUM SPECIAL TAX FOR CATEGORY II
COMMUNITY FACILITIES DISTRICT No. 97-2
IMPROVEMENTAREA C
(FISCAL YEAR 2006-2007)
Resource Operation & Total
rvfonitoring fvIaintenance
$101.1797/acre $160.6303/acre $261.81/acre
CATEGORY III
Category III includes each Parcel of Taxable Property within the District not subject to
Special Tax under any other category ("Category III").
The Maximum Special Tax approved for Fiscal Year 2006-2007 on Taxable Property within
Category III IS the rate set forth in Table 3 below (said amount to be levied pro rata for any
portion of an Acre).
TABLE 3
MAXIMUM SPECIAL TAX FOR CATEGORY III
COMMUNITY FACILITIES DISTRICT No. 97-2
IMPROVEMENT AREA C
(FISCAL YEAR 2006-2007)
Resource Operation & Total
Monitoring Maintenance
$65.3004/acre $103.6696/ acre $168.97/acre
EXEMPT CATEGORY
The Exempt Category includes each property owned, conveyed or irrevocably offered for
dedication to a public agency, or land which is in the public right-of-way, unmanned utility
easements which make utilization for other than the purpose set forth in the easement
impractical, common areas, private streets and parks, and open space lots ("Exempt
Category").
III MuniFinancial
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SPECIAL CASES
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Class and be considered" Special Case". The Maximum Special Tax that may be
levied on an Assessor's Parcel identified as Special Case shall be the sum of the Maximum
Special Tax levies that may be levied on all Land Use Classes located on that Assessor's
Parcel. The CFD Administrator shall determine the allocation to each Land Use Class.
ANNUAL ESCALATION OF MAxIMUM SPECIAL TAX
The Maximum Special Tax as shown in the tables above that may be levied on each
Assessor's Parcel in Area C, Annexation No.6 (Otay Ranch Village Two), shall be increased
each Fiscal Year beginning in Fiscal Year 2007-2008 and thereafter by a factor equal to the
annual percentage change in the San Diego 1:vletropolitan Area all Urban Consumer Price
Index (All Items).
D. METHOD OF APPORTIONMENT OF THE SPECIAL
TAX
Commencing with Fiscal Year 2006-2007, and for each following Fiscal Year, the Council
shall levy the Area C, Annexation No.6 (Otay Ranch Village Two), Special Tax at the rates
established pursuant to steps 1 through 4 below so that the amount of the Special Tax levied
equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as
follows:
Step 1: Determine the revenue which could be generated by Parcels assigned to Category I
by multiplying the Building Square Footage for Parcels classified as Residential Parcels by the
Maximum Special Tax per Building Square Foot for Resource Monitoring, and Preserve
Operations and rvlaintenance for Parcels and adding to that the maximum revenue which
could be generated by multiplying the total acres for Parcels classified as Non-Residential
Parcels by the Maximum Special Tax per Acre for Resource Monitoring and Preserve
Operations and lvlaintenance.
Step 2: If the total revenue as calculated in Step 1 is greater than the estimated Special Tax
Liability for Improvement i\rea C, reduce the Special Tax for each Parcel proportionately so
that the Special Tax levy for the Fiscal Year is equal to the Special Tax Liability for the Fiscal
Year.
Step 3: If the total revenue as calculated in Step 1 is less than the Special Tax Liability for
Improvement Area C, a Special Tax shall be levied upon each Parcel within Improvement
Area C, classified as Category II. The Special Tax for Parcels assigned to Category II shall be
calculated as the lesser of:
The Special Tax Liability for Improvement Area C as determined by the
City, less the total revenue generated for all Parcels under Step 1 above,
divided by the total Acres for all Parcels within Improvement Area C
assigned to Category II,
. MuniFinancial
Page 7
14-12
OR
The Maximum Special Tax rate for Parcels assigned to Category II.
Step 4: If the total revenue as calculated in Step 1 and 3 is less than the Special Tax liability,
for Improvement Area C, a Special Tax shall be levied upon each Parcel \vithin
Improvement Area C classified as Category III. The Special Tax for Parcels assigned the
Category III shall be calculated as the lesser of:
The Special Tax Liability for Improvement Area C as determined by the
City, less the total revenue generated for all Parcels under Step 1 and 3
above, divided by the total Acres for all Parcels within Improvement
Area C assigned to Category III,
OR
The Maximum Special Tax rate for Parcels assigned to Category III and
within Improvement Area C.
However, in the event it is determined that the Special Tax Liability for Improvement Area
C includes delinquent Special Taxes from Parcel in Category III from the prior Fiscal Year,
the City shall determine the amount of delinquent taxes that arose from such Parcels and
identify the owner(s). The amounr of delinquent Special Taxes, if any, that arose from the
applicable owner(s) shall first be divided by the total Category III Acres owned by such
owner(s) and collected from the applicable owner(s) with the remaining portion of the
Special Tax Liability not related to delinquent Special Taxes to be collected from all Parcels
in Category III according to the procedure set forth in the preceding paragraph.
Not\Vithstanding the above, under no circumstances \Vill the Special Tax levied against any
Assessor's Parcel of Residential Property or Multi-Family Property for which an occupancy
permit for private residential use has been issued be increased by more than ten percent
annually up to the Maximum Special Tax as a consequence of delinquency or default by the
owner of any other Assessor's Parcel '.V:ithill Area C of the CFD.
E. APPEALS
Any landowner or resident who pays the Special Tax and believes that the amount of the
Special Tax levied on their Assessor's Parcel is in error shall first consult with the CFD
Administrator regarding such error. If following such consultation, the CFD Administrator
determines that an error has occurred, the CFD Administrator may amend the amount of
the Special Tax levied on such Assessor's Parcel. If following such consultation and acnon, if
any, by the CFD Administrator, the landowner or resident believes such error still exists,
liMuniFinancial
Page 8
14-13
such person may file a written notice with the City Clerk of the City appealing the amount of
the Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the
City Clerk shall forward a copy of such notice to the City Manager who shall establish as part
of the proceedings and administration of the CFD, a special three-member Review/Appeal
Committee. The Review/Appeal Committee may establish such procedures, as it deems
necessary to undertake the review of any such appeal. The Review/Appeal Committee shall
interpret this Rate and Method of Apportionment and make determinations relative to the
annual administration of the Special Tax and any landowner or resident appeals, as herein
specified. The decision of the Review/Appeal Committee shall be final and binding as to all
persons.
F. MANNER OF COLLECTION
Special Taxes levied pursuant to Section D above shall be collected in the same manner and
at the same time as ordinary ad valorem property taxes; provided, however, that the CFD
i\dministrator may directly bill the Special Tax, may collect Special Taxes at a different time
or in a different manner if necessary to meet the financial obligations of Area C of the CFD
or as otherwise determined appropriate by the CFD Administrator.
G. TERM OF SPECIAL TAX
Taxable Property in Improvement Area C of the CFD shall remain subject to the Special
Tax in perpetuity.
III MuniRnancial Page 9
14-14
Attachment A
Description of Pteserve Operations and Maintenance
Preserve Operations and ivIaintenance includes the maintenance, operation and management
of the public or private property within boundaries of the Otay Ranch Preserve, as such
boundanes may be modified from time to time, required by the Resource Management Plan
to be maintained as open space or habitat preservation land or both. Such maintenance,
operations and management shall include, but not be limited to, the following:
(i) Preserve Mamtenance. Development, implementation and ongoing
provision of programs to maintain, operate and manage preserve
habitat values through: cultivation, irrigation, trimming, spraying,
fertilizing, and/or treatment of disease or injury; removal of
trimmings, rubbish, debris and other solid waste; maintenance of
trails; removal and control of exotic plant species (weeds); and
control of cowbirds through trapping.
(il) Security. Development, implementation and ongoing provision of
security programs to: enforce "no trespassing" rules; curtail activities
that degrade resources, such as grazing, shooting, and illegal
dumpmg; remove trash, litter, and other debris; control access;
prohibit off-road traffic; and maintain fences and trails.
(ill) Preserve improvements: Acquire eqUlpment and/or install
improvements necessary to maintain, operate and manage the open
space and habitat preservation land described above.
The above description of the Preserve Operations and Maintenance is general in nature. The
actual maintenance, operations and management of the open space and habitat preservation
land "\V'ithin the Gtay Ranch Preserve may be modified from time to time as necessary in
order to effectively provide such services in compliance "\V'ith the requirements of the
Resource Management Plan.
lIliI MuniRnancial
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Attachment B
Description of Resource Monitoring
Implement the annual biota monitoring and reporting program consistent with the Resource
Management Plan to identify changes in the quality and qUflntity of preserve resources
including wildlife species, sensitive plants and sensitive habitat types.
The above description of the Resource Monitoring is general in nature. The actual
monitoring and reporting program may be modified from time to time as necessary in order
to effectively provide such services consistent with the requirements of the Resource
Management Plan.
II MuniFinancial
Page 11
14-16
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RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, ADOPTING AN
ANNEXATION MAP, ANNEXATION NO.6, SHOWING
TERRITORY (OTAY RANCH VILLAGE TWO) PROPOSED
TO BE ANNEXED TO COMMUNITY FACILITIES
DISTRICT NO. 97-2 (PRESERVE MAINTENANCE
DISTRICT) AND IMPROVEMENT AREA "c"
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA,
CALIFORNIA, ("City Council"), formed a Community Facilities District and certain
improvement areas therein pursuant to the terms and provisions of the "Mello-Roos Community
Facilities Act of 1982", being Chapter 2.5, Part I, Division 2, Title 5 of the Government Code of
the State of California (the "Act"), and the City of Chula Vista Community Facilities District
Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3,
5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and
the Ordinance may be referred to collectively as the "Community Facilities District Law"). The
Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT
NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) (the "District") and the Improvement
Areas were designated as IMPROVEMENT AREA "A," IMPROVEMENT AREA "B," and
IMPROVEMENT AREA "C" of such District ("Improvement Area 'A,''' "Improvement Area
'B,'" and "Improvement Area 'C,'" respectively); and,
WHEREAS, the City Council desires to initiate proceedings to annex certain
property to Improvement Area "C" thereof; and
WHEREAS, there has been submitted a map entitled "Annexation Map No.6 To
Community Facilities District No. 97-2 (Preserve Maintenance District), Improvement Area "C,"
City Of Chula Vista, County Of San Diego, State Of California" (the "Annexation Map")
showing the territory proposed to be annexed to Improvement Area "C" of the District (the
"Territory").
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The Annexation Map showing the Territory proposed to be
annexed to Improvement Area "C" of the District and to be subject to the levy of a special tax is
hereby approved and adopted.
SECTION 3. A certificate shall be endorsed on the original and on at least one
(I) copy of the Annexation Map, evidencing the date and adoption of this Resolution, and within
fifteen (15) days after the adoption of the Resolution fixing the time and place of the hearing on
the intention to annex or extent of the annexation to Improvement Area "C" of the District, a
copy of such map shall be filed with the correct and proper endorsements thereon with the
I
14-18
County Recorder, all in the manner and form provided for in Section 3111 of the Streets and
Highways Code of the State of California.
PREPARED BY:
APPROVED AS TO FORM BY:
Leah Browder
Acting Director of Engineering
H: 1ENGfNEERI,RESOSI,Resos20061/1 ~/4-06\CFD No. 97~2 Annexation 6~Resollltion Approving Annexation Map for V2.DOC
2
14-19
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, DECLARING ITS INTENTION TO AUTHORIZE THE
ANNEXATION, ANNEXATION NO.6, OF TERRITORY (OTAY RANCH
VILLAGE TWO) TO COMMUNITY FACILITIES. DISTRICT NO. 97-2
(PRESERVE MAINTENANCE DISTRICT) AND IMPROVEMENT AREA "C"
THERETO AND SETTING THE PUBLIC HEARING TO CONSIDER THE
AUTHORIZATION OF SAID ANNEXATION
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA,
CALIFORNIA, ("City Council"), formed a Community Facilities District and designated certain
improvement areas therein pursuant to the terms and provisions of the "Mello-Roos Community
Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of
the State of California (the "Act"), and the City of Chula Vista Community Facilities District
Ordinance enacted pursuant to the powers reserved by the City of Chula V ista under Sections 3,
5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and
the Ordinance may be referred to collectively as the "Community Facilities District Law"). The
Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT
NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) (the "District") and the Improvement
Areas were designated as IMPROVEMENT AREA "A," IMPROVEMENT AREA "B," and
IMPROVEMENT AREA "C" of such District ("Improvement Area 'A,''' "Improvement Area
'B,''' and Improvement Area "C,'" respectively); and,
WHEREAS, the District was formed for the purpose of financing the monitoring,
maintenance, operation and management of public property required to be maintained as open
space or habitat preservation or both; and
WHEREAS, Improvement Area "C" was established to finance Preserve
Operations and Maintenance and the Resource Monitoring Program plus a pro-rata share of
Administrative Expenses of the District as such terms are defined in the rate and method of
apportionment of special taxes (the "Special Tax Formula") attached as Exhibit A hereto and
incorporated herein by this reference; and
WHEREAS, certain territory is proposed to be annexed to the District and
Improvement Area "C" thereto and such territory shall be known and designated as
COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE
DISTRICT), IMPROVEMENT AREA "C," ANNEXATION NO.6 (the "Territory").
WHEREAS, this legislative body now desires to proceed to adopt its Resolution
of Intention to Annex the Territory to Improvement Area "C," to describe the territory included
within Improvement Area "C" and the Territory proposed to be annexed thereto, to specify the
services to be financed from the proceeds of the levy of special taxes within the Territory, to set
and specify the special taxes that would be levied within the Territory to finance such services,
and to set a time and place for a public hearing relating to the annexation of the Territory to
Improvement Area "C" and the levy of special taxes within the Territory; and,
14120
WHEREAS, a map showing the Territory proposed to be annexed has been
submitted, which map has been previously approved and a copy of the map shall be kept on file
with the transcript of these proceedings.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. The above recitals are all true and correct.
LEGAL AUTHORITY
SECTION 2. These proceedings for annexation are initiated by this City Council
pursuant to the authorization of the Community Facilities District Law.
INTENTION TO ANNEX; DESCRIPTION OF TERRITORY
SECTION 3. This legislative body hereby determines that the public
convenience and necessity requires that the Territory be added to the District and Improvement
Area "C" thereto and this City Council declares its intention to annex the Territory to the District
and Improvement Area "C" thereto.
A description of the boundaries and Territory proposed to be annexed is as follows:
All that property within the Territory proposed to be annexed to
the District and Improvement Area "C" thereto, as such property is
shown on a map as previously approved by this legislative body,
such map designated by the number of the annexation and the
name of the existing District, a copy of which is on file in the
Office of the City Clerk and shall remain open for public
inspection.
A general description of the territory included in the District is hereinafter described as
follows:
All that property and territory as originally included within and
previously annexed to the District, as such property is shown on
maps of the original District and territory previously annexed and
approved by this City Council and designated by the name of the
original District and Annexation Nos. I through 5. A copy of such
maps are on file in the Office of the City Clerk and have also been
filed in the Office of the County Recorder.
NAME
SECTION 4. The proposed annexation shall be known
COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE
DISTRICT), IMPROVEMENT AREA "C," ANNEXATION NO.6.
and designated as
MAINTENANCE
14'2:21
SERVICES AUTHORIZED TO BE FINANCED BY THE DISTRICT
SECTION 5. The services that are authorized to be financed by the District from
the proceeds of special taxes levied within Improvement Area "C" are certain services which are
in addition to those provided in or required for the territory within Improvement Area "C" and
will not be replacing services already available. A general description of such services to be
financed by the District is as follows:
The monitoring, maintenance, operation and management of public
property in which the City has a property interest and which
conforms to the requirements of the Ordinance or private property
within the Otay Ranch Preserve which is required by the Preserve
Owner/Manager to be maintained as open space or for habitat
maintenance or both. Such property may be located outside the
boundaries of the District and outside the jurisdictional boundaries
of the City of Chula Vista. Such services shall not include the
maintenance, operation and/or management of any property
owned, maintained, operated and/or managed by the federal and/or
state government as open space, habitat maintenance and/or for
any other purpose.
The District shall finance all direct, administrative and incidental annual costs and
expenses necessary to provide such monitoring, maintenance, operation and management of
such public property.
The same types of services which are authorized to be financed by the District
from the proceeds of special taxes levied within Improvement Area "C" are the types of services
to be provided in the Territory. If and to the extent possible, such services shall be provided in
common within the District and the Territory.
SPECIAL TAXES
SECTION 6. It is the further intention of this City Council that, except where
funds are otherwise available, a special tax sufficient to pay for such services and related
incidental expenses authorized by the Community Facilities District Law, secured by recordation
of a continuing lien against all non-exempt real property in the Territory, will be levied annually
within the boundaries of such Territory. For further particulars as to the rate and method of
apportionment of the proposed special tax, reference is made to the attached and incorporated
Exhibit "A" (the "Special Tax Formula"), which sets forth in sufficient detail the method of
apportionment to allow each landowner or resident within the proposed Territory to clearly
estimate the maximum amount that such person will have to pay.
The special tax proposed to be levied within the Territory shall be equal to the
speCial tax levied to pay for the same services in Improvement Area "C," except that a higher or
lower special tax may be levied within the Territory to the extent that the actual cost of providing
the services in the Territory is higher or lower than the cost of providing those services in
Improvement Area "c." Notwithstanding the foregoing, the special tax may not be levied at a
rate which is higher than the maximum special tax authorized to be levied pursuant to the Special
Tax Formula.
14322
The special taxes herein authorized, to the extent possible, shall be collected in
the same manner as ad valorem property taxes and shall be subj ect to the same penalties,
procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes.
Any special taxes that may not be collected on the County tax roll shall be collected through a
direct billing procedure by the Treasurer.
The maximum special tax rate in Improvement Area "C" shall not be increased as
a result of the annexation of the Territory to Improvement Area "c."
PUBLIC HEARING
SECTION 7. NOTICE IS GIVEN THAT ON JANUARY 9, 2007, AT THE
HOUR OF 6:00 PM CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE
LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, 276 FOURTH AVENUE,
CHULA VISTA, CALIFORNIA, A PUBLIC HEARING WILL BE HELD WHERE THIS
LEGISLATIVE BODY WILL CONSIDER THE AUTHORIZATION FOR THE
ANNEXATION OF THE TERRITORY TO THE DISTRICT AND IMPROVEMENT AREA
"C" THERETO, THE PROPOSED RATE AND METHOD OF APPORTIONMENT OF THE
SPECIAL TAX TO BE LEVIED WITHIN THE TERRITORY AND ALL OTHER MATTERS
AS SET FORTH IN THIS RESOLUTION OF INTENTION.
AT SUCH PUBLIC HEARING, THE TESTIMONY OF ALL INTERESTED
PERSONS FOR OR AGAINST THE ANNEXATION OF THE TERRITORY OR THE
LEVYING OF SPECIAL TAXES WITHIN THE TERRITORY WILL BE HEARD.
AT SUCH PUBLIC HEARING, PROTESTS AGAINST THE PROPOSED
ANNEXATION OF THE TERRITORY, THE LEVY OF SPECIAL TAXES WITHIN THE
TERRITORY OR ANY OTHER PROPOSALS CONTAINED IN THIS RESOLUTION MAY
BE MADE ORALLY BY ANY INTERESTED PERSON. ANY PROTESTS PERTAINING TO
THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING
AND SHALL CLEARLY SET FORTH THE IRREGULARITIES OR DEFECTS TO WHICH
OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE CITY
CLERK PRIOR TO THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN
PROTESTS MAY BE WITHDRAWN AT ANY TIME BEFORE THE CONCLUSION OF
THE PUBLIC HEARING.
MAJORITY PROTEST
SECTION 8. If (a) 50% or more of the registered voters, or six (6) registered
voters, whichever is more, residing within the District; (b) 50% or more of the registered voters,
or six (6) registered voters, whichever is more, residing within the Territory; (c) owners of one-
half or more of the area of land in the territory included in the District; or (d) owners of one-half
or more of the area of land included in the Territory, file written protests against the proposed
annexation of the Territory to the District and such protests are not withdrawn so as to reduce the
protests to less than a majority, no further proceedings shall be undertaken for a period of one
year from the date of the decision by the City Council on the issue discussed at the public
hearing.
144'23
ELECTION
SECTION 9. Upon the conclusion of the public hearing, if the legislative body
determines to proceed with the annexation, a proposition shall be submitted to the qualified
electors of the Territory. The vote shall be by registered voters within the Territory; however, if
there are less than 12 registered voters, the vote shall be by landowners, with each landowner
having one vote per acre or portion thereof within the Territory. .
NOTICE
SECTION 10. Notice of the time and place of the public hearing shall be given
by the City Clerk by publication in the legally designated newspaper of general circulation, said
publication pursuant to Section 6061 of the Goverrunent Code, with said publication to be
completed at least seven (7) days prior to the date set for the public hearing.
PREPARED BY:
APPROVED AS TO FORM BY:
9f/lJ;;;71~
un Moore /
.. City Attorney
Leah Browder
Acting Director of Engineering
14)'24
EXHIBIT liA II
RATE AND METHOD OF ApPORTIONMENT
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 97-2
IMPROVEMENT AREA C
ANNEXATION NO.6 (OTAY RANCH VII':LAGETwO)
A Special Tax of Community Facilities District No. 97-2 (preserve Maintenance District) of
the City of Chula Vista ("CFD") shall be levied on all Assessor's Parcels in Improvement
Area C, Annexation No.6 (Otay Ranch Village Two), of the CFD and collected each Fiscal
Year commencing with Fiscal Year 2006-2007 in an amount determined through the
application of the rate and method of apportionment of the Special Tax set forth below. All
of the real property in the CFD, unless exempted by law or by the provisions hereof, shall be
taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIDNS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessorts
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area
shown on the applicable Final Subdivision Map, other final map, other parcel map, other
condominium plan, or functionally equivalent map or instrument recorded in the Office of
the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage
multiplied by 43,560.
"Act" means the Mello-Roes Community Facilities Act of 1982, as amended, being Chapter
2.5, Part 1, Division 2 ofTicle 5 of the Government Code of the State of Califomia.
"Administrative Expenses" means the actual or estimated costs incurred by the City,
acting for and on behalf of the CFD as the administrator thereof, to determine, levy and
collect the Special Taxes, including salaries of City employees and a proportionate amount of
the City's general administrative overhead related thereto, and the fees of consultants and
legal counsel providing services related to rhe administration of the CFD; the costs of
collecting installments of the Special Taxes; and any other costs required to administer Area
C of the CFD as detetmined by the City.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned assessor's parcel number.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating
parcels by assessor's parcel number.
"Building Square Foot or Square Footage" means the square footage as shown on an
Assessor's Parcel's building permit of Residential Property excluding garages or other
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structures not used as living space.
"CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement and providing for the levy and collection of the
Special Taxes.
"CFD" means Community Facilities District No. 97-2 of the City of Chula Vista.
"City" means the City of Chula Vista.
"City Clerk" means the City Clerk for the City of Chula Vista or his or her designee.
"City Manager" means the City Manager for the City of Chula Vista or his or her designee.
"Community Purpose Facility Property" or "CPF Property" means all Assessor's
Parcels which are classified as community purpose facilities and meet the requirements of
City of Chula Vista Ordinance No. 2883.
"Council" means the City Council of the City of Chula Vista, acting as the legislative body
of the CFD.
"County" means the County of San Diego, California.
"Developed Property" means all Taxable Property for which a building permit was issued
prior to the March 1st preceding the Fiscal Year in which the Special Tax is being levied.
"Final Map Property" means any residential lot or non-residential lot created by a Final
Subdivision Map, but which is not classified as Developed Property.
"Final Subdivision Map" means a subdivision of property creating residential or non-
residential buildable lots by recordation of a final subdivision map or parcel map pursuant to
the Subdivision Map Act (California Government Code Section 66410 et seq.), or
recordation of a condominium plan pursuant to California Civil Code 1352, that creates
individual lots for which building permirs may be issued without further subdivision and is
recorded prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Improvement Area crt or "Area crt means Improvement Area C of the CFD, as
identified on the boundary map for the CFD as amended from time to time.
"Land Use Class" means any of the classes listed in Table 1, Table 2, or Table 3.
"Maximum Special Tax" means the maximum Special Tax, determined in accordance
with Section C below that may be levied in any Fiscal Year on any Assessor's Parcel of
Taxable Property.
"Non-Residential Property" means all Assessor's Parcels of Developed Property for
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which a building permit(s) has been issued for a structure or structures for non-residential
use.
"Operating Fund" means a fund that shall be maintained within the CFD for each Fiscal
Year to pay for Resource Monitoring and/ or Preserve Operations and Maintenance activities
and Administrative Expenses.
"Operating Fund Balance" means the amount of funds in the Operating Fund at the end
of the preceding Fiscal Year.
"Operating Fund Requirement" means for any Fiscal Year an amount equal to the
Resource Monitoring Fund Requirement and the Preserve Operations and Maintenance
Fund Requirement for the current Fiscal Year in which Special Taxes are levied.
"Preserve Operations and Maintenance" means those activities described in Attachment
A hereto which is incorporated herein by this reference.
"Preserve Operations and Maintenance Fund Requirement" means for any Fiscal Year
an amount equal to the budgeted costs for Preserve Operations and Maintenance plus a pro-
rata share of the budgeted Administrative Expenses of the District for the current Fiscal
Year in which Special Taxes are levied.
"Property Owner Association Property" means any property within the boundaries of
Area C of the CFD that is owned by, or irrevocably dedicated as indicated in an instrument
recorded with the County Recorder to, a property owner association, including any master or
sub-association.
"Public Property" means any property within the boundaries of Area C of the CFD that is,
at the time of the CFD formation, expected to be used for any public purpose and is owned
by or dedicated to the federal government, the State, the County, the City or any other
public agency.
"Reserve Fund" means a fund that shall be maintained for the CFD each Fiscal Year to
provide necessary cash flow for the first six months of each Fiscal Year, working capital to
cover monitoring, maintenance and repair cost overruns and delinquencies in the payment of
Special Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies.
"Reserve Fund Balance" means the amount of funds in the Reserve Fund at the end of
the preceding Fiscal Year.
"Reserve Fund Requirement" means an amount equal to up to 100% of the Operating
Fund Requirement for any Fiscal Year.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit( s) has been issued for purposes of constructing one or more residential
dwelling unit.
"Resource Management Plan" means the Otay Ranch Phase 1 Resource Management
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Plan also referred to as "The Otay Ranch Resource Management Plan" dated October 28,
1993, and the Otay Ranch Phase 2, Resource Management Plan dated June 4, 1996, as both
such plans may be amended from time to time.
"Resource Monitoring Program t1 means those described in Attachment B hereto which is
incorporated herein by tbis reference.
"Resource Monitoring Fund Requirement" means for any Fiscal Year an amount for
each Improvement Area equal to the Improvement Area's fair share of the budgeted costs of
the Resource Monitoring Program plus a pro rata share of the budgeted Administrative
Expenses of the CFD for the current Fiscal Year in wbich Special Taxes are levied.
Improvement Area C's "fair share" shall be based on Improvement Area C's percentage of
the total acreage within the Otay Ranch General Development Plan Planning Area for wbich
a Resource Monitoring Program funding mechanism has been established.
"Special Tax" means the Special Tax levied pursuant to the provisions of sections C and D
below in each Fiscal Year on each Assessor's Parcel of Developed Property and
Undeveloped Property in Area C to fund the Special Tax Requirement.
"Special Tax Requirement" means that amount required in any Fiscal Year for Area C to:
(i) pay the Resource Monitoring Fund Requirement, and Preserve Operations and
Maintenance Fund Requirement, less the Operating Fund Balance, and (ii) pay any amounts
required to establish or replenish the Reserve Fund to the Reserve Fund Requirement; (iii)
pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for
Special Taxes levied in the previous Fiscal Year.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of Area C of
the CFD that are not exempt from the Special Tax pursuant to law or as defined below.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified
as Developed Property.
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B. ASSIGNMENT TO CA TEGORIES OF SPECIAL TAX
Each Fiscal Year using the definitions above, all Taxable Property within Area C,
Annexation No.6 (Otay Ranch Village Two), of the CFD shall be classified as Category I,
Category II, Category III or Exempt. Developed Property, Final Map Property or
Undeveloped Property, and shall be subject to Special Taxes pursuant to Sections C and D
below. Developed Property shall be further assigned to a Land Use Class as specified in
Table 1.
C. MAXIMUM SPECIAL TAX RATE
CATEGORY I
Category I includes Developed Property within the District ("Category I").
The Maximum Special Tax for Resource Monitoring, and Preserve Operations and
Maintenance for Fiscal Year 2006-2007 on Developed Property are the rates set forth in
Table 1 below. For Residential Property, the Special Tax shall be levied based upon Building
Square Footage and for Non-Residential Property shall be levied based on Acreage.
TABLE 1
MAXIMUM SPECIAL TAX FOR CATEGORY I
COMMUNITY FACILITIES DISTRICT No. 97-2
IMPROVEMENT AREA C
(FISCAL YEAR 2006-2007)
Description Resource Operation & Total
Monitoring Maintenance
Residential $0.0062 sq ft $0.0099/ sq ft $0.0162/sq ft
Non- $101.1797/acre $160.6303/acre $261.81/ acre
Residential
CATEGORY II
Category II includes each Assessor's Parcel of Taxable Property within the District for which
a Final Map has been recorded, but which is not classified as a Developed Parcel ("Category
II").
The Maximum Special Tax for Resource Monitoring, and Preserve Operations and
Maintenance approved for Fiscal Year 2006-2007 on each Assessor's Parcel in Category II is
the rate set forth in Table 2 below (said amount to be levied pro rata for any portion of an
Acre).
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TABLE 2
MAXIMUM SPECIAL TAX F"OR CATEGORY II
COMMUNITY FACILITIES DISTRICT No. 97-2
IMPROVEMENT AREA C
(FISCAL YEAR 2006-2007)
Resource Operation & Total
Monitoring Maintenance
$101.1797/acre $160.6303/acre $261.81 I acre
CATEGORY III
Category III includes each Parcel of Taxable Property within the District not subject to
Special Tax under any other category ("Category III").
The Maximum Special Tax approved for Fiscal Year 2006-2007 on Taxable Property within
Category III is the rate set forth in Table 3 below (said amount to be levied pro rata for any
portion of an Acre).
TABLE 3
MAXIMUM SPECIAL TAX F"OR CATEGORY III
COMMUNITY FACILITIES DISTRICT No. 97-2
IMPROVEMENT AREA C
(FISCAL YEAR 2006-2007)
Resource Operation & Total
Monitoring Maintenance
$65.30041 acre $103.66961 acre $168.97/acre
EXEMPT CATEGORY
The Exempt Category includes each property owoed, conveyed or irrevocably offered for
dedication to a public agency, or land which is in the public right-of-way, unmanned utility
easements which make utilization for other than the purpose set forth in the easement
impractical, common areas, private streets and parks, and open space lots ("Exempt
Category") .
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SPECIAL CASES
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Class and be considered" Special Case". The Maximum Special Tax that may be
levied on an Assessor's Parcel identified as Special Case shall be the sum of the Maximum
Special Tax levies that may be levied on all Land Use Clas.es located on that Assessor's
Parcel. The CFD Administrator shall determine the allocation to each Land Use Class.
ANNUAL ESCALATION OF MAxIMUM SPECIAL TAX
The Maximum Special Tax as shown in the tables above that may be levied on each
Assessor's Parcel in Area C, Annexation No.6 (Otay Ranch Village Two), shall be increased
each Fiscal Year beginning in Fiscal Year 2007-2008 and thereafter by a factor equal to the
annual percentage change in the San Diego Metropolitan Area all Urban Consumer Price
Index (All Items).
D. METHOD OF APPORTIONMENT OF THE SPECIAL
TAX
Commencing with Fiscal Year 2006-2007, and for each following Fiscal Year, the Council
shall levy the Area C, Annexation No.6 (Otay Ranch Village Two), Special Tax at the rates
established pursuant to steps 1 through 4 below so that the amount of the Special Tax levied
equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as
follows:
Step 1: Determine the revenue which could be generated by Parcels assigned to Category I
by multiplying the Building Square Footage for Parcels classified as Residential Parcels by the
Maximum Special Tax per Building Square Foot for Resource Monitoring, and Preserve
Operations and Maintenance for Parcels and adding to that the maximum revenue which
could be generated by multiplying the total acres for Parcels classified as Non-Residential
Parcels by the Maximum Special Tax per Acre for Resource Monitoring and Preserve
Operations and Maintenance.
Step 2: If the total revenue as calculated in Step 1 is greater than the estimated Special Tax
Liability for Improvement Area C, reduce the Special Tax for each Parcel proportionately so
that the Special Tax levy for the Fiscal Year is equal to the Special Tax Liability for the Fiscal
Year.
Step 3: If the total revenue as calculated in Step 1 is less than the Special Tax Liability for
Improvement Area C, a Special Tax shall be levied upon each Parcel within Improvement
Area C, classified as Category II. The Special Tax for Parcels assigned to Category II shall be
calculated as the lesser of:
The Special Tax Liability for Improvement Area C as determined by the
City, less the total revenue generated for all Parcels under Step 1 above,
divided by the total Acres for all Parcels within Improvement Area C
assigned to Category II,
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OR
The Maximum Special Tax rate for Parcels assigned to Category II.
Step 4: If the total revenue as calculated in Step 1 and 3 is less than the Special Tax Liability,
for Improvement Area C, a Special Tax shall be levied upon each Parcel within
Improvement Area C classified as Category III. The Special Tax for Parcels assigned the
Category III shall be calculated as the lesser of:
The Special Tax Liability for Improvement Area C as determined by the
City, less the total revenue generated for all Parcels under Step 1 and 3
above, divided by the total Acres for all Parcels within Improvement
Area C assigned to Category III,
OR
The Maximum Special Tax rate for Parcels assigned to Category III and
within Improvement Area C.
However, in the event it is determined that the Special Tax Liability for Improvement Area
C includes delinquent Special Taxes from Parcel in Category III from the prior Fiscal Year,
the City shall determine the amount of delinquent taxes that arose from such Parcels and
identify the owner(s). The amount of delinquent Special Taxes, if any, that arose from the
applicable owner(s) shall first be divided by the total Category III Acres owned by such
owner( s) and collected from the applicable owner( s) with the remaining portion of the
Special Tax Liability not related to delinquent Special Taxes to be collected from all Parcels
in Category III according to the procedure set forth in the preceding paragraph.
Notwithstanding the above, under no circumstances will the Special Tax levied against any
Assessor's Parcel of Residential Property or Multi-Family Property for which an occupancy
permit for private residential use has been issued be increased by more than ten percent
annually up to the Maximum Special Tax as a consequence of delinquency or default by the
owner of any other Assessor's Parcel within Area C of the CFD.
E. APPEALS
Any landowner or resident who pays the Special Tax and believes that the amount of the
Special Tax levied on their Assessor's Parcel is in error shall first consult with the CFD
Administrator regarding such error. If following such consultation, the CFD Administrator
determines that an error has occurred, the CFD Administrator may amend the amount of
the Special Tax levied on such Assessor's Parcel. If following such consultation and action, if
any, by the CFD Administrator, the landowner or resident believes such error still exists,
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such person may file a written notice with the City Clerk of the City appealing the amount of
the Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the
City Clerk shall forward a copy of such notice to the City Manager who shall establish as part
of the proceedings and administration of the CPD, a special three-member Review/Appeal
Committee. The Review/Appeal Committee may establish such procedures, as it deems
necessary to undertake the review of any such appeal. The Re;view / Appeal Committee shall
interpret this Rate and Method of Apportionment and make determinations relative to the
annual administration of the Special Tax and any landowner or resident appeals, as herein
specified. The decision of the Review/Appeal Committee shall be final and binding as to all
persons.
F. MANNER OF COLLECTION
Special Taxes levied pursuant to Section D above shall be collected in the same manner and
at the same time as ordinary ad valoT'l!m property taxes; provided, however, that the CFD
Administrator may direcrly bill the Special Tax, may collect Special Taxes at a different time
or in a different manner if necessary to meet the financial obligations of Area C of the CFD
or as otherwise determined appropriate by the CFD Administrator.
G. TERM OF SPECIAL TAX
Taxable Property in Improvement Area C of the CFD shall remain subject to the Special
Tax in perpetuity.
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Attachment A
Description of Preserve Operations and Maintenance
Preserve Operations and Maintenance includes the maintenance, operation and management
of the public ot private property within boundaries of the Otay Ranch Preserve, as such
boundaries may be modified from time to time, required by the Resource Management Plan
ro be maintained as open space or habitat preservation land or both. Such maintenance,
operations and management shall include, but not be limited to, the following:
(i) Preserve Maintenance. Development, implementation and ongoing
provision of programs to maintain, operate and manage preserve
habitat values through: cultivation, irrigation, trimming, spraying,
fertilizing, and/or treatment of disease or injury; removal of
trimmings, rubbish, debris and orher solid waste; maintenance of
trails; removal and control of exotic plant species (weeds); and
control of cowbirds through trapping.
(ii) Security. Development, implementation and ongoing provision of
security programs to: enforce "no trespassing" rules; curtail activities
that degrade resources, such as grazing, shooting, and illegal
dumping; remove trash, litter, and other debris; control access;
prohibit off-road traffic; and maintain fences and trails.
(ill) Preserve improvements: Acquire equipment and/ or install
improvements necessary to maintain, operate and manage the open
space and habitat preservation land described above.
The above description of the Preserve Operations and Maintenance is general in nature. The
actual maintenance, operations and management of the open space and habitat preservation
land within the Oray Ranch Preserve may be modified from time to time as necessary in
order to effectively provide such services in compliance with the requirements of the
Resource Management Plan.
.
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COUNCIL AGENDA STATEMENT
Item 1 5
Meeting Date 11/21/06
ITEM TITLE:
A.
Resolution adopting a boundary map showing the
boundaries of the territory proposed for inclusion in
proposed Community Facilities District No. 13M (Otay
Ranch Village Two)
B. Resolution declaring the City Council's intention
to establish Community Facilities District No. 13M (Otay
Ranch Village Two) and to authorize the levy of a special
tax therein to finance certain services and setting the Public
Hearing to consider the establishment of the proposed
district
C. Resolution ordering and directing the preparation
of a Community Facilities District Report for proposed
Community Facilities District No. 13M (Otay Ranch
Village Two)
SUBMITTED BY:
Acting Director ofEngineering~
. C' M ~
Intenm lty anager.1 (4/Sths Vote: Yes_ No_X)
REVIEWED BY:
Otay Project LP has requested that the City conduct proceedings to consider the approval
of the formation of Community Facilities District No. 13M (Otay Ranch Village Two)
(CFD No. 13M). The conditions of approval of the tentative map for Otay Ranch Village
Two require that said CFD be formed prior to issuance of the first production home
building permit. This district will fund the maintenance of (a) landscaping, including, but
not limited to, parkways, medians and slopes; (b) facilities that are directly related to
storm water quality control; (c) walls and fencing; (d) trails; (e) pedestrian bridges,
including, but not limited to, graffiti removal; and (f) public lighting facilities. The City
has retained the services of MuniFinancial as special tax consultant and Best, Best and
Krieger, LLP as legal counsel to provide assistance during the proceedings. Tonight's
action will initiate the formal proceedings to consider the establishment of CFD No.
13M.
RECOMMENDATION: That Council:
I. Approve the resolution adopting the boundary map for Community Facilities
District No. 13M.
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Page 2, Item ~
Meeting Date 11/21/06
2. Approve the resolution declaring the intention to establish Connnunity Facilities
District No. 13M and to levy a special tax to finance certain services and setting
the Public Hearing to consider the establishment of the proposed district.
3. Approve the resolution ordering and directing the preparation of the "Community
Facilities District Report" for Connnunity Facilities District No. 13M.
BOARDS/COMMISSIONS RECOMMENDA nON: N/ A
DISCUSSION:
On January 13, 1998, Council adopted the "City of Chula Vista Statement of Goals and
Policies regarding the establishment of Connnunity Facilities Districts" (the "Goals and
Policies"). The approval of this document ratified the use of CFDs as a public financing
mechanism for (I) the construction and/or acquisition of public infrastructure, and (2) the
financing of authorized public services. Taxes levied by maintenance districts, such as
CFD No. 13M, are currently excluded from the 2% maximum tax criterion set forth in the
Goals and Policies.
On April 28, 1998, Council, acting under its Charter authority, enacted the "Chula Vista
Community Facilities District Ordinance" (the "Ordinance"). The Ordinance adopted the
Mello-Roos Act with modifications to accomplish the following: (1) incorporate all
maintenance activities authorized by the "Landscaping & Lighting Act of 1972" ("1972
Act"); (2) include certain maintenance activities not listed in the "Mello-Roos Act" or the
"1972 Act"; and (3) establish an operating reserve fund for open space districts.
CFD 13M will provide the necessary funding for the operation and maintenance of public
landscaping, storm water quality, walls, fencing, trails, pedestrian bridges, and lighting
improvements by levying an annual "special tax" which is collected from the property
owners within CFD 13M in conjunction with property taxes. There is no direct cost to the
City. All expenses related to the district administration, including levying and collecting
the special taxes, are also funded from such special taxes.
The proposed CFD 13M is consistent with the above-mentioned Ordinance and the Goals
and Policies. In addition, the staff and developer have met to discuss, review and clarify
the intent of the Goals and Policies and Ordinance, the proposed special tax rates, and the
methodology for the apportionment of the special taxes. Any matters raised by the
developer have been discussed and solutions, satisfactory to all parties, have been
incorporated into the "Rate and Method of Apportionment" (the "RMA"). The RMA has
also been modeled after similar open space maintenance districts in the surrounding area.
Staff, the legal counsel, and the special tax consultant have reviewed the proposed RMA
and consider it ready for City Council approval.
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Page 3, Item ~
Meeting Date 11/21/06
Area of Benefit
The proposed boundaries ofCFD13M encompass parcels located within the Village Two,
an Urban Village of approximately eight-hundred and eleven (810.9) acres located south
of Olympic Parkway (Poggi Canyon), west of La Media Road, and north of Wolf
Canyon. Otay Project LP owns 100% of the property within the proposed district. Otay
Project LP Village Two is proposed to contain approximately 1,310 single-family
detached homes and 1,476 multi-family units (365.60 residential acres), industrial areas
(94.70 acres) and a commercial area (12.50 acres), a public school (10.30 acres), three
neighborhood parks (15.40 acres), one community park (44.60 acres), and several
Community Purpose Facility ("CPF") properties (6.30 acres). The Otay Landfill area
located to the southwest of the Village will be excluded from the CFD. Staff has
reviewed the proposed boundary map and has found it acceptable and ready for approval
by Council. A reduced copy ofthe map is presented in Exhibit "B".
Description of the Improvements to be Maintained
The proposed CFD 13M will fund the operation and maintenance of the public
landscaping, storm water treatment, walls and fencing, trails, pedestrian bridges, and
lighting improvements within Otay Ranch Village Two. A complete list of such
improvements is presented in Exhibit "C".
Cost Estimate
The estimated annual budget for CFD 13M is approximately $3,305,251. This budget
includes a total of $2,963,294 for landscape, storm water quality, walls and fencing,
trails, pedestrian bridges, and lighting maintenance, $41,480 for CFD administration
(preparing reports, levying and collecting taxes, public assistance, etc.) by the
Engineering Department or their designee, and an additional $300,477 to fund an
operating reserve for maintenance. Staff (Public Works/Operations and Engineering) and
MuniFinancial have reviewed and approved the proposed budget. Exhibit "D" contains a
detailed annual budget for the district at build out.
Proposed Special Tax
CFD 13M has five proposed categories oftaxation, as follows:
. Residential Developed Parcels (Single-Family and Multi-Family Residences) are
taxed based on the square footage of the structure.
. Industrial and Commercial Parcels are taxed on the acreage of the parcel.
. The Final Mapped properties, which include all single-family and multi-family
residential parcels and all industrial and commercial parcels, for which a building
permit has not been issued, are taxed on acreage of the parcel.
. Vacant land (Other Taxable property) is taxed on acreage of the parcel.
15-3
Page 4, Item ~
Meeting Date 11/21/06
. The Exempt Category includes all publicly owned parcels, Homeowner's
Association parcels, and CPF property owned by non-profit organizations.
Developed Parcels are those parcels for which a building permit has been issued. The
proposed maximum special tax rate in the RMA on all Developed Parcels was
determined by dividing the estimated annual budget at build out (plus an operating
reserve allocation of 10% of the annual budget) by the total estimated development at
build out. For residential property, residential building square footage was used and for
non-residential property, industrial and commercial estimated acreage was used.
The proposed maximum special tax rate in the RMA on vacant land has been determined
by dividing the estimated annual budget at build out (plus a reserve allocation of 10% of
the annual budget) by the estimated net lot acreage within the district.
Collection of Taxes
At the beginning of each fiscal year the City shall determine the amount of the Special
Tax Liability (budget plus reserve) of the CFD. Then, the special taxes will first be levied
on the Residential and Non-Residential Developed Parcels. If this pool of funds is not
enough to fund the Special Tax Liability, as may be the case in the early years of
development, the district will levy the special tax on the vacant land starting with Final
Mapped Property. The buffer of having the vacant lan~ covering any portion of the
Special Tax Liability not funded from special taxes levied on Residential and Non-
Residential Developed Parcels will disappear once the area has been fully developed. If
the Special Tax Liability for any fiscal year is less than the maximum special tax
authorized to be levied on the Developed Parcels, the actual rate of the special taxes to be
levied in that specific year will be reduced accordingly.
Following is a brief discussion of some key issues regarding the "Rate and Method of
Apportionment (RMA) of Special Taxes": (See Exhibit "A" for full description ofRMA)
. The maximum special taxes rates shall be adjusted each year for inflation using a
factor equal to the greater of the annual percentage increase, if any, in the San
Diego Consumer Price Index (CPI-D) or 4%.
. The Ordinance requires that the developer maintain the landscape improvements
for the minimum period of one year following their completion. During this
period the District will collect the special taxes with the purpose of building up a
six months operating reserve. The RMA provides that the annual budget for any
year may include an amount deemed necessary to maintain an adequate level of
this operating reserve fund.
. The maximum special tax rates are based on the best estimate by the developer of
the building square footage of residential development and the acreage of non-
residential (industrial and commercial) development within CFD 13M (reduced
15-4
Page 5, Item 2
Meeting Date 11/21/06
by 5%). This reduction in estimated total square footage of residential
development and in estimated acreage of non-residential development has the net
result of raising the maximum special tax that can be levied on future residential
parcels and on future non-residential (industrial and commercial) parcels to avoid
a possible shortfall in special tax revenue in the event that the actual square
footage of residential development or the actual acreage of non-residential
(industrial and commercial) development is less than the projected square footage
or acreage on which the computation of the special tax rates has been based. Ifthe
actual square footage or acreage of development meets or exceeds the projections
on which the special tax rates were based, the actual special tax rate necessary to
be levied annually to fund the Special Tax Liability may be less than the
authorized maximum special tax.
. The annual budget used to calculate the special tax rates are only the "best
estimates" of the cost of maintenance at build out. There is always a risk that
actual expenses in future years may be higher than the total maximum collectable
special taxes. This may result in reduced levels of maintenance of landscaping,
unless the property owners approve an increase in the special tax rates (2/3 voter
approval is required). It is anticipated, however, that the proposed maximum
special tax rates contain enough of a cushion in the operating reserve, the inflation
adjustment, and the assumed reduction of total square footage of residential
development and total acreage of non-residential (industrial and commercial)
development to minimize the risk of future special tax revenue shortfalls.
Proposed Maximum Special Taxes
The proposed maximum special tax rates for fiscal year 2006/07 for a typical dwelling
unit within CFD 13M are as follows:
Unit T e with Avera e S uare Foota e
Single-Family Detached (Average Product Proposed
2,836 S uare Feet)
Multi-Family Attached (Average Product Proposed
1,416 Square Feet)
Vacant Land
Ota Ranch Villa e Two
$1,248.26 er unit
$623.32 per unit
$7,358.74 per acre
Resolutions
There are three resolutions on tonight's agenda, which, if adopted, will accomplish the
following:
15-5
Page 6, Item ~
Meeting Date 11/21/06
The RESOLUTION ADOPTING THE BOUNDARY MAP is the formal action adopting
the map and setting forth the boundaries of the proposed Community Facilities District
No. 13M.
The RESOLUTION OF INTENTION is the jurisdictional resolution declaring the
intention of the City Council to establish the proposed Community Facilities District No.
13M, authorize the levy of a Special Tax, and set the time and place for the public
hearing.
The RESOLUTION ORDERING THE PREP ARA TION OF THE "COMMUNITY
FACILITIES DISTRICT REPORT" is the formal action of the City Council directing the
preparation of a detailed report containing a description of the services and its estimated
cost for the proposed Community Facilities District No. 13M.
Future Actions
The public hearing and consideration of the adoption of a resolution forming and
establishing CFD No. 13M, and submitting the authorization for the levy of special taxes
to the qualified electors are scheduled for the City Council meeting of January 9, 2007, at
6:00P.M.
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
15378 of the State CEQA Guidelines because the creation of government funding
mechanism is not considered a project; 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.
BRUSH MANAGEMENT REVIEW: City Staff have reviewed the approved plantings
and proposed budget for brush management activities within open space areas for
compliance with the Conceptual Fire Protection Plan; Otay Ranch Villages 2, 3 and a
portion of 4, for Zone 3 (February 23, 2006); and have determined that they are in
conformance with the City's guidelines.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
STATEMENT: City Staff have reviewed this project and determined that its
development complies with all requirements of State Water Resources Control Board
(SWRCB) NPDES General Permit No. CAS000002. In accordance with said permit, a
storm water pollution prevention plan (SWPPP) and a monitoring program have been
developed and implemented concurrent with the beginning of grading activities. The
SWPPP addresses operation and maintenance of post-construction pollution prevention
measures, including funding sources and the party(ies) that shall be responsible for the
implementation of said measures. City Staff have determined that the measures are in
conformance with the City's guidelines.
15-6
Page 7, Item ~
Meeting Date 11/21/06
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
ofthe boundaries of the property which is the subject of this action.
FISCAL IMPACT: All costs of formation of the district are being borne by the
developers and the on-going administration will be funded entirely by the district. The
City will recover the full cost of staff time expended in district formation and
administration activities in perpetuity.
Exhibits:
"A" Rate and Method of Apportionment
"B" Boundary Map
"C" List of Public Facilities to be maintained
"D" Annual Budget
J:\Engineer\AGENDA ICAS2006111 ~2J -06\CFD 13M CAS distributed 1/_13 _06.doc
15-7
Comrmmiry Fad/ities District 1'10. 131V[ (Ott.!J Ranch Village Two)
City afChulu Virlu
EXHIBIT A: RATE AND METHOD OF
ApPORTIONMENT
CITY 0 F CH U LA VISTA
COMMUNITY FACILITIES DISTRICT NO.1 3M
(OTAY RANCH VILLAGE Two)
A Special Tax of Community Facilities District No. 13M (Otay Ranch Village Two) of the
City of Chula Vista ("CFD") shall be levied on all Assessor's Parcels of Taxable Property
within the CFD and collected each Fiscal Year commencing in Fiscal Year 2007-2008 in an
amount determined through the application of the rate and method of apportionment of the
Special Tax set forth below. All of the real property in the CFD, unless exempted by law or
by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner
herein provided.
A. DEFINITIDNS
The terms hereinafter set forth have the following meanings:
"Acre" or "Acreage" means the land area of an Assessor's Parcel as shown on an
Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land
area shown on the applicable Final Subdivision Map, other fInal map, other parcel map,
other condominium plan, or functionally equivalent map or instrument recorded in the
OffIce of the County Recorder. The square footage of an Assessor's Parcel is equal to the
Acreage multiplied by 43,560.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter
2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the actual or estimated costs incurred by the City,
acting for and on behalf of the CFD as the administrator thereof, to determine, levy and
collect the Special Taxes, including salaries of City employees and a proportionate amount of
the City's general administrative overhead related thereto, and the fees of consultants and
legal counsel providing services related to the formation and administration of the CFD; the
costs of collecting installments of the Special Taxes; and any other costs required to form or
admiruster the CFD as determined by the City.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned assessor's parcel number.
"Assessor's Parcel Map" means an offIcial map of the Assessor of the County designating
parcels by assessor's parcel number.
"CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement and providing for the levy and collection of the
Special Taxes.
m MuniFinancial
Page A-I
15-8
Community Fat7.1ities Dist-rit:! No. i3ly! (Otg &Inch Village Two)
City of Chula Vi,ta
"CFD" means Community Facilities District No. 13M (Otay Ranch Village Two) of the
City of Chula Vista.
"City" means the City ofChula Vista.
"City Clerk" means the City Clerk for the City of Chula Vista or his or her designee.
"City Manager" means the City Manager for the City of Chula Vista or his or her designee.
"Community Purpose Facility Property" or "CPF Property" means all Assessor's
Parcels which are classified as community purpose facilities, as defined in the City of Chula
Vista Ordinance No. 2883.
"Council" means the City Council of the City of Chula Vista, acting as the legislative body
of the CFn
"County" means the County of San Diego, California.
"Developed Property" means all Taxable Property for which a building permit is issued
prior to the March 1st preceding the Fiscal Year in which the Special Tax is being levied.
"Final Map Property" means any residential or non-residential lot created by a Final
Subdivision Map, but which is not classified as Developed Property.
"Final Subdivision Map" means a subdivision of property creating residential or non-
residential buildable lots by recordation of a final subdivision map or parcel map pursuant to
the Subdivision Map Act (California Government Code Section 66410 et seq.), or
recordation of a condominium plan pursuant to California Civil Code 1352, that creates
individual lots for which building permits may be issued without further subdivision and is
recorded prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Land Use Class" means any of the classes listed in Table lor Table 2.
"Landscape Maintenance" means the labor, material, administration, personnel,
equipment and utilities necessary to maintain authorized landscaped improvements, walls
and fencing, trails, and pedestnan bridges within the public right-of-ways, parkways, slopes,
wetlands and other public easements/improvements within or outside the CFD.
"Landscape Maintenance Requirement" means, for any Fiscal Year in which Special
Taxes are levied, the amount equal to the budgeted costs for Landscape Maintenance
applicable to the CFD for such Fiscal Year.
"Lighting Maintenance" means the labor, material, administration, personnel, equipmenr
and utilities necessary to maintain authorized lighting improvements including, but not
limited to, pedestrian lighting and decorative or ornamental street lights within the public
II MuniFlf1ancial
Page A-z
15-9
Community Padlitiu Distrkt l"Io. 13M (Ottry Rand; Village Two)
City of Chu/a Vhta
right-oE-ways, parh.-ways, slopes, wetlands and other public easements/improvements within
or outside the CFD. The lighting improvements may include but are not limited to the cost
of providing electrical energy and servicing of lighting fixtures, poles, meters, conduits,
electrical cable and associated appurtenant facilities including tepair, removal, or
replacemen t.
"Lighting Maintenance Requirement" means, for any Fiscal Year in which Special Taxes
are levied, the amount equal to the budgeted costs for Lighting Maintenance applicable to
the CFD for such Fiscal Year.
"Maximum Special Tax" means the maximum Special Tax, determined in accordance
with Section C below, that may be levied in any Fiscal Year on any Assessor's Parcel of
Taxable Property.
"Non-Residential Property" means all Assessor's Parcels of Developed Property for
which a building permit(s) has been issued for a structure or structures for non-residential
use.
"Operating Fund" means a fund that shall be maintained for the CFD for each Fiscal Year
to pay for Landscape Maintenance, Lighting Maintenance, Storm Water Quality Maintenance
and Administrative Expenses.
"Operating Fund Requirement" means, for any Fiscal Year, the sum of the applicable
Landscape Maintenance Requirement, the applicable Lighting Maintenance Requirement,
and the applicable Storm \'<iater Quality Maintenance Requirement.
"Other Taxable Property" means, for each Fiscal Year, all Taxable Property not classified
as Developed Property, Final Map Property, or Taxable Property Owners Association
Property.
"Property Owner Association Property" means any property within the boundaries of the
CFD that is owned by, or iIrevocably dedicated as indicated in an instrument recorded with
the County Recorder to, a property owner association, including any master or sub-
association.
"Proportionately" means in a manner such that the ratio of the actual Special T...,< levied to
the Maximum Special Tax is equal for all Assessor's Parcels within each Land Use Class. For
Developed Property, it means that the ratio of the actual Special Tax levied to the Maximum
Special Tax is equal for all Assessor's Parcels of Developed Property. For Final Map
Property, it means that the ratio of the actual Special Tax levied to the Maximum Special Tax
is equal for all Assessor's Parcels of Final Map Property. For Undeveloped Property, it
means that the ratio of the actual Special Tax levied to the Maximum Special Tu is equal for
all Assessor's Parcels of Undeveloped Property.
"Public Property" means any property within the boundaries of the CFD that has
provided proof to the City prior to the March 1st preceding the Fiscal Year in which the
Special Tax is being levied, that (a) is owned by a public agency, (b) has been iIrevocably
III MuniFinancial
Page A-3
15-10
Communi!] Faa/ilfes Dislnd No. 13i.VI (0111) Ro-n..h Village Two)
City of Chulo Vista
offered for dedication to a public agency, or (c) is designated with specific boundaries and
acreage on a Final Subdivision Map as property which will be owned by or irrevocably
dedicated to a public agency. For purposes of this definition, a public agency includes the
federal government, the State of California, the City or any other public entity.
"Reserve Fund" means a fund that shall be maintained for the eFD for each Fiscal Year to
provide necessary cash flow for the first SL'{ months of each Fiscal Year, reserve capital to
cover monitoring, maintenance and repair cost overruns and delinquencies in the payment of
Special Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies.
"Reserve Fund Requirement" means an amount equal to up to 100% of the Operating
Fund Requl.rement for any Fiscal Year.
"Residential Dwelling Unit" means each separate residential dwelling unit which
comprises an independent facility capable of human habitation separate from adjacent
residential units, including but not limited to, single-family homes, duplexes, triplexes, town
homes, condominiums, and apartment units.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit(s) has been issued for purposes of constructing one or more Residential
Dwelling Units.
"Special Tax" means the Special Tax levied pursuant to the provisions of Sections C and D
below in each Fiscal Year on each Assessor's Parcel of Developed Property and
Undeveloped Property in the CFD to fund the Special Tax Requirement.
"Special Tax Requirement" means that amount required in any Fiscal Year for the CFD
to: (a) (i) pay the Landscape Maintenance Requirement; (il) pay the Lighting Maintenance
Requirement (iii) pay the Storm Water Quality Maintenance Requirement; (iv) pay reasonable
Administrative Expenses; (v) pay any amounts required to establish or replenish the Reserve
Fund to the Reserve Fund Requirement; (vi) pay for reasonably anticipated delinquent
Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal
Year; less (b) a credit for funds available to reduce the annual Special Tax levy, including the
excess, if any, in the Reserve Fund above the Reserve Fund Requirement.
"Square Foot" means the building square footage of assessable internal living space as
shown on an Assessor's Parcel's building permit of Residential Property, excluding garages
or other structures not used as living space.
"State" means the State of California.
"Storm Water Quality Maintenance" means the maintenance of authorized detention
basins, storm drains, catch basin inserts, hydrodynamic devices, infiltration basins, and all
other facilities that are directly related to storm water quality control within or outside the
CFD.
"Storm Water Quality Maintenance Requirement" means for any Fiscal Year an amount
equal to the budgeted costs for Storm Water Quality Maintenance applicable to the CFD for
Ii MuniRnancial
Page A-4
15-11
Communiry Fad/ities District No. 13lvl (Olg Ranch Village Two)
City of Chuia Vista
the current Fiscal Year in which Special Taxes are levied.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of the CFD
that are not exempt from the Special Tax pursuant to law or as defined below under "Tax-
Exempt Property.
"Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax-
Exempt Property includes: (i) Public Property, or (il) Property Owner Association Property
excluding Taxable Property Owner Association Property, or (ill) Assessor's Parcels defined
as Community Purpose Facility Property that are owned by a non-profit organization and
have provided proof to the City prior to the March 1st preceding the Fiscal Year in which
the Special Tax is being levied of the organization's non-profit status, or (v) Assessor's
Parcels with public or utility easements making impractical their utilization for other than the
purposes set forth in the easement.
"Taxable Property Owner Association Property" means all Association Property which
is not exempt from the Special Tax pursuant to Section E below.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified
as Developed Property.
B. ASS/GNME:NT TD LAND USE: CATE:GDRIE:S
Each Fiscal Year using the definitions in Section A, all Taxable Property within the CFD
shall be classified as Developed Property, Final Map Property or Undeveloped Property, and
shall be subject to the levy of Special Taxes pursuant to Sections C and D below. Developed
Property shall be further assigned to a Land Use Class as specified in Table 1. Undeveloped
Property shall be further assigned to a Land Use Class as specified in Table 2. Assessor's
Parcels of CPF Property not classified as exempt in accordance with Section E below shall
be taxed as Non-Residential Property when such Assessor's Parcel is classified as Developed
Property. If the Assessor's Parcel is Undeveloped it shall be classified as Other Taxable
Property.
IfIMuniRnancial
Page A-5
15-12
CDmmumry Facilities District [,TD. 13iVI (Ot'!} Ranch Village TWD)
City of Chu/a Vista
C. MAXIMUM SPE:CIAL TAX RATE:
, . DEVELOPED PROPERTY
TABLE 1
MAXIMUM SPECIAL TAX FOR DEVELOPED PROPERTY
COMMUNITY FACILITIES DISTRICT NO.1 3M
(OTAY RANCH VILLAGE Two)
FISCAL YEAR 2006-2007
Land Storm Maximum
Use Description Landscape Water Quality Special Tax
Class & Lighting Maintenance
Maintenance
1 Single Family and $0.424 per Square $0.016 per $0.440 per
Multi Family Foot Square Foot Square Foot
Residential Prooertv
2 Non-Residential $7,079.36 per $279.38 per $7,358.74 per
Property Acre Acre Acre
Multiple Land Use Classes
In some instances an Assessor's Parcel of Developed Property may be classified in more
than one Land Use Class; e.g., live/work lofts or similar mixed use developments. The
Maximum Special Tax that may be levied on such an Assessor's Parcel shall be the sum of
the Maximum Special Tax levies that may be levied on all Land Use Classes located on that
Assessor's Parcel. The CFD Administrator shall determine the allocation to each Land Use
Class.
Ii MuniRnancial
Page A.6
15-13
Community Fad/ities District No. 13M (Ot'!! Ranch Village T11IO)
Gty of Ch1lla Vista
2. UNDEVELOPED PROPERTY
TABLE 2
MAXIMUM SPECIAL TAX FOR UNDEVELOPED PROPERTY
COMMUNITY FACILITIES DISTRICT ~O. 13M
(OTAY RANCH VILLAGE TWO)
FISCAL YEAR 2006-2007
Land Landscape Storm Maximum
Use Description & Lighting Water Quality Special Tax
Class Maintenance Maintenance
3 Final Map Property $7,079.36 per $279.38 per Acre $7,358.74 per
Acre Acre
4 Other Taxable $7,079.36 per $279.38 per Acre $7,358.74 per
Prooertv Acre Acre
5 Taxable Property $7,079.36 per $279.38 per Acre $7,358.74 per
i Owner Association Acre Acre
Prooertv
3. ANNUAL ESCALATION OF MAXIMUM SPECIAL TAX
The Maximum Special Tax as shown in the tables above that may be levied on each
Assessor's Parcel in the CFD shall be increased each Fiscal Year beginning in Fiscal Year
2007 -2008 and thereafter by a factor equal to the greater of, the annual percentage increase,
if any, in the San Diego Metropolitan Area All Urban Consumer Price Index (All Items) as
reported by the State of California Department of Finance, or 4%.
11 MuniRnancial
Page A-7
15-14
Communi!) Facilities Distrir:t No. 13iYf (Otcry Ronch Vi//age Two)
City of Cbula Vista
D. METHOD OF APPORTIONMENT OF THE SPECIAL
TAX
Commencing with Fiscal Year 2007-2008, and for each following Fiscal Year, the Council
shall levy the CFD Special Tax at the rates established pursuant to steps 1 through 4 below
so that the amount of the Special Tax levied equals the Special Tax Requirement. The
Special Tax shall be levied each Fiscal Year as follows:
First: The Special Tax shall be levied proportionately on each Assessor's Parcel of
Developed Property up to 100% of the applicable Maximum Special Tax;
Second: If additional monies are needed to satisfy the Special Tax Requirement after the fIrst
step has been completed, the Special Tax shall be levied Proportionately on each Assessor's
Parcel of Final Map Property at up to 100% of the Maximum Special Tax for Final Map
Property;
Third: If additional monies are needed to satisfy the Special Tax Requirement after the fIrst
two steps have been completed, the Special Tax shall be levied Propornonately on each
Assessor's Parcel of Other Taxable Property at up to 100% of the Maximum Special Tax for
Other Taxable Property;
Fourth: If additional moneys are needed to satisfy the Special Tax Requirement after the fIrst
three steps have been completed, the Special Tax shall be levied proportionately on each
Assessor's Parcel of Taxable Property Owner Association Property at up to 100% of the
applicable Maximum Special Tax for Taxable Property Owner Association Property.
Notwithstanding the above, under no circumstances will the Special Tax levied against any
Assessor's Parcel of Residential Property for which an occupancy permit for private
residential use has been issued be increased by more than ten percent annually up to the
Maximum Special Tax as a consequence of delinquency or default in the payment of the
Special Tax levied on any other Assessor's Parcel within the CFD.
E. EXEMPTIONS
The CFD Administrator shall classify as Tax-Exempt Property (i) Assessor's Parcels defIned
as Public Property, (il) Assessor's Parcels defIned as Community Purpose Facility Property
that are owned by a non-profIt organization which have provided proof to the City prior to
the March 1st preceding the Fiscal Year in which the Special Tax is being levied of the
organization's non-profIt status, and (ill) Assessor's Parcels encumbered with public or utility
easements making impractical their utilization for other than the purposes set forth in the
easement.
The CFD Administrator shall classify as Tax-Exempt Property those Assessor's Parcels
defIned as Property Owner's Association Property provided that no such classifIcation
would reduce the sum of all Taxable Property to less than 449.20 Acres. Assessor's Parcels
defIned as Property Owner Association Property that cannot be classifIed as Tax-Exempt
Property will be classifIed as Taxable Property Owner Association Property and shall be
taxed as part of the fourth step in Section D.
IJMuniRnancial
Page .4.-8
15-15
CommZlniPJ Facilities Distrid j\ro. 131.YI (Ott!! Ranch Village Two)
City ofChula Virta
The CFD Administrator will assign tax-exempt status in the chronological order in which
property becomes Public Property, Community Purpose Facility Property or Tax-Exempt
Property Owner Association Property. However, should an Assessor's Parcel no longer be
classified as Public Property, Community Purpose Facility Property or Tax-Exempt Property
Owner Association Property as a result of a change of ownership, change of use or both, its
tax-exempt status will be automatically revoked.
Taxable Property Owner Association Property that is not exempt from the Special Tax
under this section shall be subject to the levy of the SpecIal Tax and shall be taxed
Proportionately as part of the fourth step in Section D above, at up to 100% of the
applicable Maximum Special Tax for Taxable Property Owner Association Property.
F. APPEALS
Any landowner or resident who pays the Special Tax and believes that the amount of the
Special Tax levied on their Assessor's Parcel is in error shall first consult with the CFD
Administrator regarding such error. If following such consultation, the CFD Administrator
determines that an error has occurred, the CFD Administrator may amend the amount of
the Special Tax levied on such Assessor's Parcel. If following such consultation and action, if
any by the CFD Administrator, the landowner or resident believes such error still exists,
such person may file a written notice with the City Clerk of the City appealing the amount of
the Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the
City Clerk shall forward a copy of such notice to the City Manager who shall establish as part
of the proceedings and administration of the CFD, a special three-member Review/Appeal
Committee. The Review/Appeal Committee may establish such procedures, as it deems
necessary to undertake the review of any such appeal. The Review/Appeal Committee shall
interpret this Rate and Method of Apportionment and make determinations relative to the
annual administration of the Special Tax and any landowner or resident appeals, as herein
specified. The decision of the Review/Appeal Committee shall be final and binding as to all
persons.
G. MANNER OF COLLECTION
Special Taxes levied pursuant to Section D above shall be collected in the same manner and
at the same time as ordinary ad valorem property taxes; provided, however, that the CFD
Administrator may directly bill the Special Tax, may collect Special Taxes at a different time
or in a different manner if necessary to meet the financial obligations of the CFD or as
otherwise determined appropriate by the CFD Administrator.
H. TERM OF SPECIAL TAX
Taxable Property in the CFD shall remain subject to the Special Tax in perpetuity or
until the City Council takes appropriate actions to terminate the Special Tax pursuant
to the Act.
III MuniRnancial
Page A-9
15-16
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15-17
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MuniFinancial
City of Chula Vista
EXHIBIT "C" List of Public Facilities to be Maintained
CFD No. 13M
(Otay Ranch Village Two)
LANDSCAPE MAINTENANCE
Heritage Road (Main Street to Olympic Parkway)
Planted Area - Parkways & landscape Easement Areas (located west of Heritage Road,
including low raised planters, built into retaining wall)
. Code 1 (Shrubs & Groundcovers)
. Code 2 (Turf)
Retaining Wall (planted & irrigated, 1,272 linear ft)
Graffiti Abatement, Retaining Wall (planted & irrigated)
Planted Area - Medians
. Code 1 (Shrubs & Groundcovers)
Street Trees
Street Trees, additional maintenance (roots)
Santa Carolina Road (Santa Victoria West to Santa Christina)
Planted Area - Parkways
. Code 2 (Turf)
Planted Area - Medians
. Code 1 (Shrubs & Groundcovers)
Pedestrian lights
Street Trees
Street Trees, additional maintenance (roots)
Santa Diana Road (Santa Christina to Santa Victoria East)
Planted Area - Parkways
. Code 1 (Shrubs & Groundcovers)
. Code 2 (Turf)
Planted Area - Medians
. Code 1 (Shrubs & Groundcovers)
Pedestrian lights
Street Trees
Street Trees, additional maintenance (roots)
Santa Venetia Road (La Media Road to Olympic Parkway)
Planted Area - Parkways (including Santa Victoria's north parkway, between Santa Venet
. Code 2 (Turf)
Planted Area - Additional landscape easement areas (around and under Olympic
Parkway pedestrian crossing, between back of sidewalk and high school perimeter
fence, including extension to high school's secondary entrance on Santa Victoria).
. Code 1 (Shrubs & Groundcovers)
Pedestrian lights
Street Trees
Street Trees, additional maintenance (roots)
Santa Victoria Road (Olympic Parkway to Heritage Road)
Planted Area - Parkways and All Landscape Easement Areas
. Code 1 (Shrubs & Groundcovers)
. Code 2 (Turf)
Planted Area - Medians
. Code 1 (Shrubs & Groundcovers)
Pedestrian Lights
Street Trees
Slreet Trees, additional maintenance (roots)
11/13/06
15-18
MuniFinancial
City of Chula Vista
EXHIBIT "e" List of Public Facilities to be Maintained
CFD No. 13M
(Otay Ranch Village Two)
LANDSCAPE MAINTENANCE
Santa Victoria Road (Heritage Road to Santa Venetia Road)
Planted Area - Parkways and Landscape Easement Areas on the north side of the street,
between the P-3 park and the high school's secondary entrance M Santa Victoria.
. Code 1 (Shrubs & Groundcovers)
. Code 2 (Turf)
Planted Area - Medians & Both Traffic Circles (East &West)
. Code 1 (Shrubs & Groundcovers)
. Code 2 (Turf)
Vehicular Accent Paving
. East Traffic Circle
. West Traffic Circle
Pedestrian Lights
Street Trees
Street Trees, additional maintenance (roots)
Ornamental Street Lights
Santa Victoria Road (Heritage Road to Santa Venetia Road)
Santa Carolina (Santa Victoria Road to Santa Diana Road)
Santa Diana Road (Santa Carolina Road to Santa Victoria Road)
Santa Alexia (Santa Victoria Road to Santa Diana Road)
Santa Ivy Road (Santa Victoria Road to Santa Diana Road)
Santa Christina Road (Santa Victoria Road to Santa Diana Road)
State Street (Santa Victoria Road to La Media Road)
Planted Area - Parkways
. Code 1 (Shrubs & Groundcovers)
. Code 2 (Turf)
Planted Area - Medians
. Code 1 (Shrubs & Groundcovers)
. Code 2 (Turt)
Pedestrian Lights
Street Trees
Street Trees, additional maintenance (roots)
Heritage Road (Santa Victoria Road to La Media Road)
Vehicular Accent Paving
. Crosswalks and Commercial Center intersection
Santa Christina Avenue (Santa Victoria Road to Santa Diana Road)
Planted Area - Parkways
. Code 2 (Turf)
Pedestrian Lights
Street Trees
Street Trees, additional maintenance (roots)
2
11/13/06
15-19
MuniFinancial
City of Chula Vista
EXHIBIT "C" List of Public Facilities to be Maintained
CFD No. 13M
(Otay Ranch Village Two)
LANDSCAPE MAINTENANCE
Santa Ivy Avenue (Santa Victoria Road to Santa Diana Road)
Planted Area - Parkways
. Code 2 (Turf)
Pedestrian Lights
Street Trees
Street Trees, additional maintenance (roots)
Santa Alexia Avenue (Santa Victoria Road to Santa Diana Road)
Planted Area - Parkways
. Code 2 (Turf)
Pedestrian Lights
Street Trees
Street Trees, additional maintenance (roots)
Santa Liza Street (Heritage Road to Nbr. R-23)
Planted Area - Parkways
. Code 2 (Turf)
Pedestrian Lights
Street Trees
Street Trees, additional maintenance (roots)
La Media Road, west side (Santa Venetia Road and Olympic Parkway)
Planted Area - Parkways
. Code 1 (Shrubs & Groundcovers)
Planted Area - Medians (50%)
. Code 1 (Shrubs & Groundcovers)
Median Trees (50%)
Median Trees, additional maintenance (roots)
Street Trees (west side of La Media)
Street Trees, additional maintenance (roots)
La Media Road, west side (Santa Venetia Road and Birch Road)
Planted Area - Parkways
. Code 1 (Shrubs & Groundcovers)
Planted Area - Medians (50%)
. Code 1 (Shrubs & Groundcovers)
Median Trees (50%)
Median Trees, additional maintenance (roots)
Street Trees (west side of La Media)
Street Trees, additional maintenance (roots)
La Media Road, west side (Birch Road and Santa Luna Road)
Planted Area. Parkways
. Code 1 (Shrubs & Groundcovers)
Planted Area - Medians (50%)
. Code 1 (Shrubs & Groundcovers)
Median Trees (50%)
Median Trees, additional maintenance (roots)
Street Trees (west side of La Media)
Street Trees, additional maintenance (roots)
Olympic Parkway (between Sun bow Subdivision and Heritage Road)
Planted Area - Parkways (south side of Olympic)
. Code 1 (Shrubs & Groundcovers)
Planted Area - Medians (50%)
. Code 1 (Shrubs & Groundcovers)
Median Trees (50%)
Median Trees, additional maintenance (roots)
Street Trees (west side of Olympic)
Street Trees, additional maintenance (roots)
3
11/13/06
15-20
MuniFinancial
City of Chula Vista
EXHIBIT "C" List of Public Facilities to be Maintained
CFD No. 13M
(Otay Ranch Village Two)
LANDSCAPE MAINTENANCE
Olympic Parkway (Heritage Road and La Media Road)
Planted Area - Parkways (south side of Olympic)
. Code 1 (Shrubs & Groundcovers)
Planted Area - Medians (50%)
. Code 1 (Shrubs & Groundcovers)
Median Trees (50%)
Median Trees, additional maintenance (roots)
Street Trees (west side of Olympic)
Street Trees, additional maintenance (roots)
Open Space Lot #1
Landscape Area - non-sloped irrigated areas
. Code 2 (Turf)
Landscape Area - irrigated slopes
. Code 3
Retaining Wall
Graffiti Abatement, Retaining Wall
Post & Rail Fencing
6' High Solid Theme Wall
Graffiti Abatement, 6' High Solid Theme Wall
2' High Solid Theme Wall
Graffiti Abatement. 2' High Solid Theme Wall
View Fence (4' High WI. over 2' High Block)
View Wall (4' High Glass over 2' High Block)
6" Wide Concrete Header/Edging
Concrete Trail
Trail Trees
Trees Maintenance (adjacent to trail and brow ditch)
Open Space Lot #2
Landscape Area - irrigated slopes
. Code 3
. Code 4 (Temporarily Irrigated)
Landscape Area - non-irrigated slopes (Code 5)
View Fence (4' High WI. over 2' High Block)
Trees
Open Space Lot #3. M$CP Area (CFD 97-2)
MSCP - Landscape Area - non-irrigated
Open Space Lot #4
Landscape Area - irrigated slopes
. Code 3
. Code 4 (Temporarily Irrigated)
Non-disturbed Landscape Area (Code 5)
MSCP - Landscape Area - non-irrigated
Post & Rail Fencing
Trees
Open Space Lot #5
Landscape Area - irrigated slopes
. Code 3
. Code 4 (Temporarily Irrigated)
Landscape Area - non-irrigated slopes (Code 5)
Post & Rail Fencing
Trees
4
11/13/06
15-21
MuniFlnancial
City of Chula Vista
EXHIBIT "e" List of Public Facilities to be Maintained
CFD No. 13M
(Otay Ranch Village Two)
LANDSCAPE MAINTENANCE
Open Space Lot #6
Landscape Area - irrigated slopes
. Code 3
. Code 4 (Temporarily Irrigated)
Landscape Area - non-irrigated slopes (Code 5)
Post & Rail Fencing
Trees
Open Space Lot #7. MSCP Area (CFD 97-2)
Landscape Area - non-irrigated slopes
Open Space Lot #8
Landscape Area - irrigated slopes
. Code 3
. Code 4 (Temporarily Irrigated)
Landscape Area - non-irrigated slopes (Code 5)
6' High Solid Theme Wall
Graffiti Abatement. 6' High Solid Theme Wall
6" Wide Concrete Header/Edging
Trees
Open Space Lot #9
Landscape Area - irrigated slopes
. Code 3
. Code 4 (Temporarily Irrigated)
Landscape Area - non-irrigated slopes (Code 5)
View Fence (4' High WI. over 2' High Block)
6" Wide Concrete Header/Edging
Trees
Open Space Lot#10 - MSCP Area (CFD 97-2)
Landscape Area - non-irrigated slopes
Open Space Lot#11
Landscape Area - non-irrigated slopes
Open Space Lot#12
Landscape Area - irrigated slopes
. Code 3
Trees
Open Space Lot#13
Landscape Area - non-sloped irrigated areas
. Code 1 (Shrubs & Groundcovers)
. Code 2 (Turf)
Landscape Area + irrigated slopes
. Code 3
Trees
Open Space Lot #14
Landscape Area - non-sloped irrigated areas
. Code 2 (Turf)
Landscape Area - irrigated slopes
. Code 3
6' High Solid Theme Wall
Graffiti Abatement, 6' High Solid Theme Wall
View Fence (4' High WI. over 2' High Block)
6" Wide Concrete Header/Edging
Trees
5
11/13/06
15-22
MuniFinancial
City of Chula Vista
EXHIBIT "C" List of Public Facilities to be Maintained
CFD No. 13M
(Otay Ranch Village Two)
LANDSCAPE MAINTENANCE
Open Space Lot #15
Landscape Area - irrigated slopes
. Code 3
Trees
Open Space Lot#16
Landscape Area - irrigated slopes
. Code 3
View Fence (4' High WI. over 2' High Block)
6" Wide Concrete Header/Edging
Trees
Open Space Lot #17
Landscape Area - non-sloped irrigated areas
. Code 1 (Shrubs & Groundcovers)
. Code 2 (Turf)
Landscape Area - irrigated slopes
. Code 3
Post & Rail Fencing
6' High Solid Theme Wall
Graffiti Abatement, 6' High Solid Theme Wall
2' High Solid Theme Wall
Graffiti Abatement, 2' High Solid Theme Wall
View Fence (4' High WI. over 2' High Block)
View Wall (4' High Glass over 2' High Block)
6" Wide Concrete Header/Edging
Concrete Trail
Trail Trees
Trees Maintenance (adjacent to trail and brow ditch)
CFD Open Space (No Lot #) - Adjacent to Wolf Canyon
Landscape Area - irrigated slopes
. Code 3
. Code 4 (Temporarily Irrigated)
Landscape Area. non-irrigated slopes (Code 5)
View Fence (4' High WI. over 2' High Block)
Trees
CFD Open Space (No Lot #) - Adjacent to Olympic Parkway
Landscape Area - irrigated slopes
. Code 3
6' High Solid Theme Wall
Graffiti Abatement, 6' High Solid Theme Wall
View Fence (4' High WI over 2' High Block)
6" \/Vide Concrete Header/Edging
Trees
CFD Open Space (No Lot #). Adjacent to Neighborhood R-12
Landscape Area - irrigated slopes
. Code 3
Trees
6
11/13/06
15-23
MuniFinancial
City of Chula Vista
EXHIBIT "e" list of Public Facilities to be Maintained
CFD No. 13M
(Otay Ranch Village Two)
LANDSCAPE MAINTENANCE
CFD Open Space (No Lot #) - Adjacent to Santa Victoria at the Industrial Area
Landscape Area - irrigated slopes
. Code 3
Trees
CFD Open Space (No Lot #) - Adjacent to Landfill
Landscape Area - irrigated slopes
. Code 3
CFD Open Space (No Lot #) - Non-Dedicated, Heritage Road
Landscape Area - irrigated slopes
. Code 3, West of Heritage
. Code 3, East of Heritage
Pedestrian Bridge (50%) - across Olympic Parkway to Village One ~ Existing Bridge
Graffiti, Rails and Maintenance
Pedestrian Bridge (50%). across La Media Road to Village Six - To Be Built
Graffiti, Rails and Maintenance
7
11/13/06
15-24
MuniFinancial
City of Chula Vista
EXHIBIT "C" List of Public Facilities to be Maintained
CFD No. 13M
(Otay Ranch Village Two)
STORM WA TER QUALITY MAINTENANCE
Heritage Road and Olympic Parkway
Annual Inspections for Storm Filters
Maintenance/Cleanouts for Storm Filters
Stormwater 360 Storm Filter (cartridges)
Vortechnic 16000 Stormwaler Treatment Unit
West@SantaVictoria and Olympic Parkway
Annual Inspections for Storm Filters
Mainlenance/Cleanouts for Storm Filters
Stormwater 360 Storm Filter (cartridges)
Vortechnic 16000 Stormwater Treatment Unit
South of Village Two. outlet into Wolf Canyon Detention Basin
Annual Inspections for Storm Filters
Maintenance/Cleanouts for Storm Filters
Stormwater 360 Storm Filter (cartridges)
Vortechnic 16000 Stormwater Treatment Unit
East
Annual Inspections for Storm Filters
Maintenance/Cleanouts for Storm Filters
Bio-clean Round Basket Curb Inlets
Storm water 360 Storm Filter (cartridges)
Vortechnic 16000 Stormwater Treatment Unit
Village Two Neighborhood R-15 (drains into Village Seven unit)
Vortechnic Slormwater Treatment Unit in Village Seven (shared)
Wolf Canyon Detention Basin
Vegetation Removal (slope area)
Silt Removal (bottom area)
Engineer's Inspection
Periodic Inspection and Maintenance
Poggi Canyon
Channel
Detention Basin
Vactor Truck Replacement
8
11/01/06
15-25
f3XH/8fT
(,
D 'J
City of Chula Vista
Community Facilities District No. 13M
(Olay Ranch Village Two)
I. LANDSCAPE MAINTENANCE BUDGET
Area Landscaped Cost Total
or Quantity Per Unit Duration Annual Cost
Otay Ranch Village Two
Heritage Road (Main Street to Olympic Parkway)
Planted Area ~ Parkways & Landscape Easement Areas (located west of Heritage Road, including low raised
planters, built into retaining wall)
. Code 1 (Shrubs & Groundcovers) 345,800 $ 0.490 SqH Yr $ 169,442
. Code 2 (Turf) 1,510 $ 0.490 Sq.FI. Yr $ 740
Retaining Wall (planted & irrigated, 1,272 linear ft) 10,600 $ 0.375 Sq.FI. Yr $ 3,975
Graffiti Abatement, Retaining Wall (planted & irrigated) 10,600 $ 0.700 SqH Yr $ 7,420
Planted Area - Medians
. Code 1 (Shrubs & Groundcovers) 138,331 $ 0.560 SqH Yr $ 77,466
Street T fees 585 $ 62.22 Tree Yr 36,399
~ Street Trees, additional maintenance (roots) 585 $ 15.56 Tree Yr 9,100
0'1 Total $ 304,541
I
I'->
m Santa Carolina Road (Santa Victoria West to Santa Christina)
Planted Area - Parkways
. Code 2 (Turf) 14.383 $ 0.490 SqH Yr $ 7,048
Planted Area - Medians
. Code 1 (Shrubs & Groundcovers) 36 $ 0.560 Sq.Ft. Yr $ 20
Pedestrian Lights 8 $ 202.22 Each Yr $ 1,618
Street Trees 64 $ 62.22 Tree Yr 3,982
Street Trees, additional maintenance (roots) 64 $ 15.56 Tree Yr 996
Total $ 13,663
Santa Diana Road (Santa Christina to Santa Victoria East)
Planted Area - Parkways
. Code 1 (Shrubs & Groundcovers) 322 $ 0.490 SqH Yr $ 158
. Code 2 (Turf) 33,688 $ 0.490 Sq.Ft. Yr $ 16,507
Planted Area - Medians
. Code 1 (Shrubs & Groundcovers) 30 $ 0.560 SqH Yr $ 17
Pedestrian Lights 19 $ 202.22 Each Yr $ 3,842
Street Trees 141 $ 62.22 Tree Yr 8.773
Street Trees, additional maintenance (roots) 141 $ 15.56 Tree Yr 2,193
Total $ 31,490
MuniFinancial
1 of 12
11/13/06
City of Chula Vista
Community Facilities District No. 13M
(Olay Ranch Village Two)
Area Landscaped Cost Total
or Quantity Per Unit Duration Annual Cost
Santa Venetia Road (La Media Road to Olympic Parkway)
Planted Area - Parkways (including Santa Victoria's north parkway, between Santa Venetia and the secondary high schoo! entrance)
. Code 2 (Turf) 25,685 $ 0.490 SqH Yr $ 12,586
Planted Area - Additional landscape easement areas (around and under Olympic Parkway pedestrian crossing,
between back of sidewalk and high school perimeter fence, including extension to high school's secondary
entrance on Santa Victoria).
. Code 1 (Shrubs & Groundcovers) 28,863 $ 0.490 SqH Yr $ 14,143
Pedestrian lights 6 $ 202.22 Each Yr $ 1,213
Street Trees 75 $ 62.22 Tree Yr 4,667
Street Trees, additional maintenance (roots) 75 $ 15.56 Tree Yr 1,167
Total $ 33,775
Santa Victoria Road (Olympic Parkway to Heritage Road)
Planted Area - Parkways and All Landscape Easement Areas
. Code 1 (Shrubs & Groundcovers) 134,621 $ 0490 Sq.Ft. Yr $ 65,964
. Code 2 (Turf) 1,697 $ 0.490 Sq.Ft. Yr $ 832
Planted Area - Medians
~ . Code 1 (Shrubs & Groundcovers) 4,253 $ 0.560 SqH Yr $ 2,382
CJ1
I Pedestrian Lights 24 $ 202.22 Each Yr $ 4,853
"" Street Trees 210 $ 62.22 Tree Yr 13,066
..... Street Trees, additional maintenance (roots) 210 $ 15.56 Tree Yr 3,267
Total $ 90,363
Santa Victoria Road (Heritage Road to Santa Venetia Road)
Planted Area - Par1<ways and Landscape Easement Areas on the north side of the street, between the P-3 park
and the high school's secondary entrance on Santa Victoria.
. Code 1 (Shrubs & Groundcovers) 16,379 $ 0.490 SqFI Yr $ 8,026
. Code 2 (Turt) 95,485 $ 0.490 Sq.Ft. Yr $ 46,788
Planted Area - Medians & Both Traffic Circles (East &West)
. Code 1 (Shrubs & Groundcovers) 11,396 $ 0.560 SqFI Yr $ 6,382
. Code 2 (Turt) 7,427 $ 0.560 Sq.Ft. Yr $ 4,159
Vehicular Accent Paving
. East Traffic Circle 12,326 $ 0.160 SqH Yr $ 1,972
. West Traffic Circle 12,326 $ 0.160 Sq.FI Yr $ 1,972
Pedestrian Lights 39 $ 202.22 Each Yr $ 7,887
Street Trees 329 $ 62.22 Tree Yr 20,470
Street Trees, additional maintenance (roots) 329 $ 15.56 Tree Yr 5,118
Total $ 102,773
MuniFinancial
2 of 12
11/13/06
City of Chula Vista
Community Facilities District No. 13M
(Olay Ranch Village Two)
Area Landscaped Cost Total
or Quantity Per Unit Duration Annual Cost
Ornamental Street Lights
Santa Victoria Road (Heritage Road to Santa Venetia Road) 16 $ 226.00 Street Light Yr $ 3,616
Santa Carolina (Santa Victoria Road to Santa Diana Road) 3 $ 226.00 Street Light Yr $ 678
Santa Diana Road (Santa Carolina Road to Santa Victoria Road) 8 $ 226.00 Street Light Yr $ 1,808
Santa Alexia (Santa Victoria Road to Santa Diana Road) 3 $ 226.00 Street Light Yr $ 678
Santa Ivy Road (Santa Victoria Road to Santa Diana Road) 3 $ 226.00 Street Light Yr $ 678
Santa Christina Road (Santa Victoria Road to Santa Diana Road) 3 $ 226.00 Street Light Yr $ 678
Total $ 8,136
State Street (Santa Victoria Road to La Media Road)
Planted Area - Parkways
. Code 1 (Shrubs & Groundcovers) 24.755 $ 0.490 SqH Yr $ 12,130
. Code 2 (Turf) 2,467 $ 0.490 Sq.Ft Yr $ 1,209
Planted Area - Medians
. Code 1 (Shrubs & Groundcovers) 105 $ 0.560 Sq.Ft Yr $ 59
. Code 2 (Turf) 8,049 $ 0.560 Sq.Ft. Yr $ 4,508
Pedestrian lighls 6 $ 202.22 Each Yr $ 1,213
~ Street Trees 22 $ 62.22 Tree Yr $ 1,369
0'1 Street Trees, additional maintenance (roots) 22 $ 15.56 Tree Yr $ 342
I
N Tolal $ 20,829
00 Heritage Road (Santa Victoria Road to La Media Road)
Vehicular Accent Paving
. Crosswalks and Commercial Center intersection 6,819 $ 0.160 Sq.Ft. Yr $ 1,091
Total $ 1,091
MuniFinancial
3 of 12
11113/06
City of Chula Vista
Community Facilities District No. 13M
(Otay Ranch Village Two)
Area Landscaped Cost Total
or Quantlty Per Unit Duration Annual Cost
Santa Christina Avenue (Santa Victoria Road to Santa Diana Road)
Planted Area - Parkways
. Code 2 (Turf) 9,027 $ OA90 SqFt Yr $ 4,423
Pedestrian Lights 5 $ 202.22 Each Yr $ 1,011
Street Trees 38 $ 62.22 Tree Yr 2,364
Street Trees, additional maintenance (roots) 38 $ 15.56 Tree Yr 591
Total $ 8,390
Santa Ivy Avenue (Santa Victoria Road to Santa Diana Road)
Planted Area - Parkways
. Code 2 (Turf) 9,027 $ 0.490 Sq,H Yr $ 4,423
Pedestrian Lights 5 $ 202.22 Each Yr $ 1,011
Street Trees 38 $ 62.22 Tree Yr 2,364
Street Trees, additional maintenance (roots) 38 $ 15.56 Tree Yr 591
Total $ 8,390
~ Santa Alexia Avenue (Santa Victoria Road to Santa Diana Road)
CJ1 Planted Area - Parkways
I . Code 2 (Turf) 9,027 $ OA90 SqH Yr $ 4,423
'" Pedestrian Lights 5 $ 202.22 Each Yr $ 1,011
<J:> Street Trees 38 $ 62.22 Tree Yr 2,364
Street Trees, additional maintenance (roots) 38 $ 1556 Tree Yr 591
Total $ 8,390
Santa Liza Street (Heritage Road to Nbr. R-23)
Planted Area - Parkways
. Code 2 (Turf) 7,252 $ OA90 SqH Yr $ 3,553
Pedestrian Lights 11 $ 202.22 Each Yr $ 2.224
Street Trees 60 $ 62.22 Tree Yr 3,733
Street Trees, additional maintenance (roots) 60 $ 15.56 Tree Yr 933
Total $ 10,444
La Media Road, west side (Santa Venetia Road and Olympic Parkway)
Planted Area - Parkways
. Code 1 (Shrubs & Groundcovers) 13,200 $ OA90 SqH Yr $ 6,468
Planted Area - Medians (50c/c)
. Code 1 (Shrubs & Groundcovers) 13,200 $ 0.560 Sq.Ft. Yr $ 7,392
Median Trees (50%) 7 $ 8815 Tree Yr $ 617
Median Trees, additional maintenance (roots) 7 $ 22.04 Tree Yr $ 154
Street Trees (west side of La Media) 28 $ 62.22 Tree Yr $ 1,742
Street Trees, additional maintenance (roots) 28 $ 15.56 Tree Yr 436
Total $ 16,809
MuniFmancial
4 of 12
11113106
City of Chula Vista
Community Facilities District No. 13M
(Olay Ranch Village Two)
Area landscaped Cost Total
or Quantity Per Unit Duration Annual Cost
la Media Road, west side (Santa Venetia Road and Birch Road)
Planted Area - Parkways
. Code 1 (Shrubs & Groundcovers) 30,357 $ 0.490 Sq.FI. Yr $ 14,875
Planted Area - Medians (50%)
. Code 1 (Shrubs & Groundcovers) 5,129 $ 0,560 SqH Yr $ 2,872
Median Trees (50%) 6.5 $ 88.15 Tree Yr $ 573
Median Trees, additional maintenance (roots) 6.5 $ 22.04 Tree Yr $ 143
Street Trees (west side of La Media) 31 $ 62.22 Tree Yr $ 1,929
Street Trees, additional maintenance (roots) 31 $ 15.56 Tree Yr 482
Total $ 20,874
la Media Road, west side (Birch Road and Santa Luna Road)
Planted Area - Parkways
~ Code 1 (Shrubs & Groundcovers) 60,239 $ 0490 SqH Yr $ 29,517
Planted Area - Medians (50%)
. Code 1 (Shrubs & Groundcovers) 21,371 $ 0.560 SqH Yr $ 11,968
Median Trees (50%) 34.5 $ 88_15 Tree Yr $ 3,041
~ Median Trees, additional maintenance (roots) 34.5 $ 22.04 Tree Yr $ 760
(J1 Street Trees (west side of La Media) 89 $ 62.22 Tree Yr $ 5,538
I
'" Street Trees, additional maintenance (roots) 89 $ 1556 Tree Vr 1,384
0 Total $ 52,208
Olympic Parkway (between Sunbow Subdivision and Heritage Road)
Planted Area - Parkways (south side of Olympic)
~ Code 1 (Shrubs & Groundcovers) 73,653 $ 0490 SqH Vr $ 36,090
Planted Area - Medians (50%)
~ Code 1 (Shrubs & Groundcovers) 17,585 $ 0.560 SqH Vr $ 9,848
Median Trees (50%) 86 $ 88.15 Tree Vr $ 7,580
Median Trees, additional maintenance (roots) 86 $ 22.04 Tree Yr $ 1,895
Street Trees (west side of Olympic) 63 $ 62.22 Tree Vr $ 3,920
Street Trees, additional maintenance (roots) 63 $ 15.56 Tree Vr 980
Total $ 60,313
Olympic Parkway (Heritage Road and la Media Road)
Planted Area - Parkways (south side of Olympic)
. Code 1 (Shrubs & Groundcovers) 109,072 $ 0.490 SqH Vr $ 53,445
Planted Area - Medians (50%)
. Code 1 (Shrubs & Groundcovers) 23,491 $ 0.560 Sq.Ft. Vr $ 13,155
Median Trees (50%) 54.5 $ 88.15 Tree Yr $ 4,804
Median Trees, additional maintenance (roots) 54.5 $ 22.04 Tree Yr $ 1,201
Street Trees (west side of Olympic) 88 $ 62.22 Tree Yr $ 5,475
Street Trees, additional maintenance (roots) 88 $ 15.56 Tree Yr 1,369
Total $ 79,449
MuniFinancial 5 of 12 11/13/06
City of Chula Vista
Community Facilities District No. 13M
(Otay Ranch Village Two)
Area Landscaped Cost Total
or Quantity Per Unit Duration Annual Cost
Open Space Lot #1
Landscape Area - non-sloped irrigated areas
. Code 2 (Turf) 2,207 $ 0.490 Sq,Ft Yr $ 1,081
Landscape Area - irrigated slopes
. Code 3 596,878 $ 0,310 SqH Yr $ 185,032
Retaining Wall 360 $ 0375 Sq,Ft Yr $ 135
Graffiti Abatement, Retaining Wall 360 $ 0700 Sq.Ft. Yr $ 252
Post & Rail Fencing 1,748 $ 1.560 Li.Ft. Yr 2,727
6' High Solid Theme Wall 769 $ 0,860 Li. Ft. Yr 661
Graffiti Abatement, 6' High Solid Theme Wall 769 $ 0,700 SqH Yr 538
2' High Solid Theme Wall 45 $ 0,860 Li. Ft Yr 39
Graffili Abatement, 2' High Solid Theme Wall 45 $ 0700 Sq,Ft Yr 32
View Fence (4' High W.I. over 2' High Block) 1,792 $ 0,550 Li. Ft. Yr 986
View Wall (4' High Glass over 2' High Block) 1,056 $ 0,510 Li. Ft. Yr 539
6" Wide Concrete Header/Edging 46 $ 0.23 Li. Ft. Yr 11
Concrete Trail 10,488 $ 0.23 Sq,Ft Yr 2,412
Trail Trees 159 $ 41A8 Each Yr 6,595
~ Trees Maintenance (adjacent to trail and brow ditch) 34 $ 900,00 Each 5 Yr 6,120
C11 Total $ 207,160
I
W
~ Open Space Lot #2
Landscape Area - irrigated slopes
. Code 3 217,685 $ 0,310 SqH Yr $ 67,482
. Code 4 (Temporarily Irrigated) 121,157 $ 0.310 SqH Yr $ 37,559
Landscape Area - non-irrigated slopes (Code 5) 25,052 $ 0.265 Sq.Ft. Yr $ 6,639
View Fence (4' High W.I. over 2' High Block) 1,198 $ 0,550 Li. Ft. Yr 659
Trees 160 $ 41.48 Each Yr 6,637
Tolal $ 118,976
Open Space Lot #3. MSCP Area (CFD 97.2)
MSCP - Landscape Area - non-irrigated 414,030 $ Sq.Ft. Yr $
Total $
Open Space Lot #4
Landscape Area - irrigated slopes
. Code 3 2,626 $ 0,310 SqH Yr $ 814
. Code 4 (Temporarily Irrigated) 1,155 $ 0,310 Sq.Ft. Yr $ 358
Non-disturbed Landscape Area (Code 5) 3,809 $ 0,265 SqH Yr $ 1,009
MSCP - Landscape Area - non-irrigated 140,038 $ SqH Yr $
Post & Rail Fencing 49 $ 1,560 Li. Ft. Yr 76
Trees 45 $ 41.48 Each Yr 1,867
Total $ 4,125
MuniFinancial
6 of 12
11/13/06
City of Chula Vista
Community Facilities District No. 13M
(Otay Ranch Village Two)
Area Landscaped Cost Total
or Quantity Per Unit Duration Annual Cost
Open Space Lot #5
Landscape Area - irrigated slopes
. Code 3 183,863 $ 0.310 Sq.Ft. Yr $ 56,998
. Code 4 (Temporarily Irrigated) 83,283 $ 0.310 Sq.Ft. Yr $ 25,818
Landscape Area - non-irrigated slopes (Code 5) 25.469 $ 0.265 Sq.Ft. Yr $ 6,749
Post & Rail Fencing 1,787 $ 1.560 Li. Ft. Yr 2,788
Trees 193 $ 41.48 Each Yr 8,006
Total $ 100,358
Open Space Lot #6
Landscape Area - irrigated slopes
. Code 3 10,990 $ 0.310 Sq.Ft Yr $ 3,407
. Code 4 (Temporarily Irrigated) 133,166 $ 0.310 Sq.Ft Yr $ 41,281
Landscape Area - non-irrigated slopes (Code 5) 47,671 $ 0.265 SqH Yr $ 12,633
Post & Rail Fencing 2,117 $ 1.560 U. Ft Yr 3,303
Trees 122 $ 41.48 Each Yr 5,061
Total $ 65,684
~
(J1 Open Space Lot #7 - MSCP Area (CFD 97-2)
I
c..:> Landscape Area - non-irrigated slopes 2,499,787 $ SqH Yr $
"" Tolal $
Open Space Lot #8
Landscape Area ~ irrigated slopes
. Code 3 93,172 $ 0.310 Sq.Ft. Yr $ 28,883
. Code 4 (Temporarily Irrigated) 48,998 $ 0.310 Sq.F1. Yr $ 15,189
Landscape Area - non-irrigated slopes (Code 5) 141,510 $ 0.265 SqH Yr $ 37,500
6' High Solid Theme Wall 1,705 $ 0.B60 U. Ft. Yr 1,466
Graffiti Abatement, 6' High Solid Theme Wall 1,705 $ 0.700 SqH Yr 1,194
6" Wide Concrete Header/Edging 10 $ 0.23 Li. Ft. Yr 2
Trees 111 $ 41.48 Each Yr 4,604
Total $ 88,839
Open Space Lot #9
Landscape Area - irrigated slopes
. Code 3 121,466 $ 0.310 Sq.F1. Yr $ 37,654
. Code 4 (Temporarily Irrigated) 217,522 $ 0.310 Sq.Ft Yr $ 67,432
Landscape Area - non-irrigated slopes (Code 5) 256,586 $ 0.265 SqH Yr $ 67,995
View Fence (4' High W.t. over 2' High Block) 2,724 $ 0.550 Li. Ft. Yr 1,498
6" Wide Concrete Header/Edging 62 $ 0_23 U. Ft. Yr 14
Trees 264 $ 41.48 Each Yr 10,951
Total $ 185,545
MuniFinancial
7 of 12
11113/06
City of Chula Vista
Community Facilities District No. 13M
(Otay Ranch Village Two)
Area Landscaped Cost Total
or Quantity Per Unit Duration Annual Cost
Open Space Lot #10 - MSCP Area (CFD 97-2)
Landscape Area - non-irrigated slopes 112,092 $ Sq.FI. Yr $
Total $
Open Space Lot #11
Landscape Area - non-irrigated slopes 26,303 $ 0.265 Sq.Ft. Yr $ 6,970
Total $ 6,970
Open Space Lot #12
Landscape Area - irrigated slopes
. Code 3 7,755 $ 0.310 Sq.FI. Yr $ 2,404
Trees 8 $ 41.48 Each Yr 332
Total $ 2,736
Open Space Lot #13
Landscape Area - non-sloped irrigated areas
~ . Code 1 (Shrubs & Groundcovers) 49 $ 0.490 Sq.Ft. Yr $ 24
en . Code 2 (Turi) 1,909 $ 0.490 SqH Yr $ 935
I Landscape Area - irrigated slopes
(,oJ . Code 3 65,737 $ 0.310 Sq.Ft. Yr $ 20,378
(,oJ Trees 29 $ 41.48 Each Yr 1,203
Total $ 22,541
Open Space Lot #14
Landscape Area - non-sloped irrigated areas
. Code 2 (Turi) 1,640 $ 0.490 Sq.Ft. Yr $ 804
Landscape Area - irrigated slopes
. Code 3 41,697 $ 0.310 Sq.Ft. Yr $ 12,926
6' High Solid Theme Wall 612 $ 0.860 Li. Ft. Yr 526
Graffiti Abatement, 6' High Solid Theme Wall 612 $ 0.700 SqH Yr 428
View Fence (4' High W.I. over 2' High Block) 270 $ 0.550 Li. Ft. Yr 149
6" Wide Concrete Header/Edging 13 $ 0.23 LL FI. Yr 3
Trees 39 $ 41.48 Each Yr 1,618
Total $ 16,454
Open Space Lot #15
Landscape Area - irrigated slopes
. Code 3 357,016 $ 0.310 Sq.Ft. Yr $ 110,675
Trees 204 $ 41.48 Each Yr 8,462
Total $ 119,137
MuniFinancial
8 of 12
11/13/06
City of Chula Vista
Community Facilities District No. 13M
(Otay Ranch Village Two)
Area Landscaped Cost Total
or Quantity Per Unit Duration Annual Cost
Open Space Lot #16
Landscape Area - irrigated slopes
. Code 3 50,670 $ 0,310 SqH Yr $ 15,708
View Fence (4' High W.l. over 2' High Block) 3,418 $ 0,550 U. Ft Yr 1,880
6" Wide Concrete Header/Edging 84 $ 0,23 LL Ft. Yr 19
Trees 47 $ 41.48 Each Yr 1,950
Total $ 19,556
Open Space Lot #17
Landscape Area - non-sloped irrigated areas
. Code 1 (Shrubs & Groundcovers) 75 $ 0,490 SqH Yr $ 37
. Code 2 (Turf) 2,349 $ 0.490 SqH Yr $ 1,151
Landscape Area - irrigated slopes
. Code 3 1,427,613 $ 0.310 Sq.Ft. Yr $ 442,560
Post & Rail Fencing 1,948 $ 1.560 Li. Ft. Yr 3,039
6' High Solid Theme Wall 451 $ 0,860 LL Ft. Yr 388
Graffiti Abatement. 6' High Solid Theme Wall 451 $ 0,700 SqH Yr 316
~ 2' High Solid Theme Wall 46 $ 0,860 U. Ft. Yr 40
CJ1
I Graffiti Abatement, 2' High Solid Theme Wall 46 $ 0.700 Sq.Ft. Yr 32
c..:> View Fence (4' High W.1. over 2' High Block) 3,836 $ 0,550 U. Ft. Yr 2,110
.j:o View Wall (4' High Glass over 2' High Block) 888 $ 0.510 Li.Ft. Yr 453
6" Wide Concrete Header/Edging 66 $ 0,23 Li.Ft. Yr 15
Concrete Trail 11,688 $ 0,23 Sq.Ft. Yr 2,688
Trail Trees 876 $ 41.48 Each Yr 36,336
Trees Maintenance (adjacent to trail and brow ditch) 40 $ 900,00 Each 5 Yr 7,200
Total $ 496,365
CFD Open Space (No Lot #) - Adjacent to Wolf Canyon
Landscape Area - irrigated slopes
. Code 3 121,466 $ 0,310 SqH Yr $ 37,654
. Code 4 (Temporarily Irrigated) 217,522 $ 0,310 SqH Yr $ 67,432
Landscape Area - non-irrigated slopes (Code 5) 39,677 $ 0.265 SqH Yr $ 10,514
View Fence (4' High w.1. over 2' High Block) 1,652 $ 0,550 Li. Ft. Yr 909
Trees 108 $ 41,48 Each Yr 4,480
Total $ 120,989
MuniFinancial
9 of 12
11/13/06
City of Chula Vista
Community Facilities District No, 13M
(Olay Ranch Village Two)
Area landscaped Cost Total
or Quantity Per Unit Duration Annual Cost
CFD Open Space (No lot #) - Adjacent to Olympic Parkway
Landscape Area - irrigated slopes
. Code 3 1,002,903 $ 0.310 Sq.FI. Yr $ 310,900
6' High Solid Theme Wall 10 $ 0860 Li. Ft Yr 9
Graffiti Abatement, 6' High Solid Theme Wall 10 $ 0.700 Sq.Ft. Yr 7
View Fence (4' High W.1. over 2' High Block) 1,257 $ 0.550 Li. Ft. Yr 691
6" Wide Concrete Header/Edging 23 $ 0.23 Li. Ft. Yr 5
Trees 107 $ 41.48 Each Yr 4,438
Total $ 316,051
CFD Open Space (No lot #1 - Adjacent to Neighborhood R-12
Landscape Area - irrigated slopes
. Code 3 41,130 $ 0.310 Sq.Ft Yr $ 12,750
Trees 77 $ 41.48 Each Yr 3,194
Total $ 15,944
~ CFD Open Space (No lot #) - Adjacent to Santa Victoria at the Industrial Area
c.n Landscape Area - irrigated slopes
I . Code 3 9,590 $ 0.310 Sq.Ft Yr $ 2,973
c..> Trees 18 $ 41.48 Each Yr 747
c.n Total $ 3,720
CFD Open Space (No Lot #1 . Adjacent to Landfill
Landscape Area - irrigated slopes
. Code 3 164,630 $ 0.310 Sq.Ft Yr $ 51,035
Total $ 51,035
CFD Open Space (No Lot #) . Non-Dedicated, Heritage Road
Landscape Area - irrigated slopes
. Code 3, West of Heritage 33,350 $ 0.310 Sq.Ft. Yr $ 10,339
. Code 3, East of Heritage 7,060 $ 0.310 Each Yr 2,189
Total $ 12,527
Pedestrian Bridge (50%) - across Olympic Parkway to Village One - Existing Bridge
Graffiti, Rails and Maintenance 50% $ 4,15000 Bridge Yr $ 2,075
Total $ 2,075
Pedestrian Bridge (50%) . across La Media Road to Village Six - To Be Built
Graffiti, Rails and Maintenance 50% $ 4,150.00 Bridge Yr $ 2,075
Total $ 2,075
Total Landscape Maintenance $ 2,850,789
MuniFinancial
10 of 12
11/13/06
City of Chula Vista
Community Facilities District No. 13M
(Otay Ranch Village Two)
Area Landscaped Cost Total
or Quantity Per Unit Duration Annual Cost
II. STORM WATER QUALITY MAINTENANCE BUDGET
Total
Otay Ranch Village Two Cost
Heritage Road and Olympic Parkway Quantity per Unit per Year Annual Cost
Annual Inspections for Storm Filters 1 $ 830 Service 1 $ 830
Maintenance/Cleanouts for Storm Filters 1 $ 1,815 Service 1 $ 1,815
Stormwater 360 Storm Filter (cartridges) 159 $ 210 Service 05 $ 16,695
Vortechnic 16000 Stormwater Treatment Unit 1 $ 3,500 Service 1 $ 3,500
Total $ 22,839
Cost
West @ Santa Victoria and Olympic Parkway Quantity per Unit per Year Annual Cost
Annual Inspections for Storm Filters 1 $ 830 Service 1 $ 830
Maintenance/Cleanouts for Storm Filters 1 $ 1,815 Service 1 $ 1,815
Stormwater 360 Storm Filter (cartridges) 80 $ 210 Service 0.5 $ 8,400
Vortechnic 16000 Stormwater Treatment Unit 1 $ 3,500 Service 1 $ 3,500
Total $ 14,544
~
c.n Cost
I South of Village Two - outlet into Wolf Canyon Detention Basin Quantity per Unit per Year Annual Cost
W Annual Inspections for Storm Filters 1 $ 830 Service 1 $ 830
m Maintenance/Cleanouts for Storm Filters 1 $ 1,815 Service 1 $ 1,815
Stormwater 360 Storm filter (cartridges) 186 $ 210 Service 0.5 $ 19,530
Vortechnic 16000 Stormwater Treatment Unit 1 $ 3,500 Service 1 $ 3,500
Total $ 25,674
Cost
East Quantity per Unit per Year Annual Cost
Annuallnspeclions for Storm Filters 1 $ 830 Service 1 $ 830
Maintenance/Cleanouts for Storm Filters 1 $ 1,815 Service 1 $ 1,815
Bio-c1ean Round Basket Curb Inlets 6 $ 80 Service 3 $ 1,440
Stormwater 360 Storm Filter (cartridges) 80 $ 210 Service 0.5 $ 8,400
Vortechnic 16000 Stormwater Treatment Unit 1 $ 3,500 Service 1 $ 3,500
Total $ 15,984
Village Two Neighborhood R-15 (drains into Village Seven unit) Quantity per Unit per Year Annual Cost
Vortechnic Stormwater Treatment Unit in Village Seven (shared) 0.043 $ 3,500 Service 1.000 $ 149
Total $ 149
MuniFinancial
11 of 12
11/13/06
~
C11
I
w
.....
MuniFinancial
City of Chula Visfa
Community Facilities District No. 13M
(Olay Ranch Village Two)
Wolf Canyon Detention Basin
Vegetation Removal (slope area)
Silt Removal (bottom area)
Engineer's Inspection
Periodic Inspection and Maintenance
Area Landscaped
or Quantity
58,500 $
18,020 $
$
(3 crew, 4 hrs, $51.85 hr) $
Total
Poggi Canyon
Channel
Detention Basin
Cost Total
Per Unit Duration Annual Cost
0,23 Sq.Ft Yr $ 13,455
0.46 Sq.Ft. Yr $ 8,289
1,037 Service 1 $ 1,037
622 Service 4 $ 2,489
$ 25,270
$
$
3,152 Service
4,275 Service
$ 3,152
$ 4,275
$ 7,428
Yr $ 615
$ 112,504
$ 2,963,294
$ 41,480
$ 300,477
$ 3,305,251
Brush Manageme!.1t Costs are
Total
Vactor Truck Replacement
0,13 $
Total Storm Water Quality Maintenance
4,734 Service
TOTAL LANDSCAPE AND STORM WATER QUALITY MAINTENANCE
III. ADMINISTRATIVE EXPENSES
IV. Reserve
v. Total Annual Cost
Assumptions:
1. Landscape Maintenance costs per unit based on historical CFD costs by MuniFinancial and reviewed by Otay Ranch and Ihe City.
estimated by MuniFinancial.
2_ Pedestrian Bridge Maintenance costs based on historical CFD costs by MuniFinancial and reviewed by Olay Ranch and the City.
4 MSCP refers to the Multiple Species Conservation Program.
3. Storm Water Quality facilities and maintenance are estimated by Hunsaker & Associates and reviewed by MuniFinancial. Otay Ranch and the City.
12 of 12
11/13/06
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ADOPTING A BOUNDARY MAP SHOWING THE
BOUNDARIES OF THE TERRITORY PROPOSED FOR THE INCLUSION IN
PROPOSED COMMUNITY FACILITIES DISTRICT NO. 13M (OTA Y
RANCH VILLAGE TWO)
WHEREAS, the City Council of the City Of Chula Vista, California desires to initiate
proceedings to create a Community Facilities District therein pursuant to the terms and
provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part I,
Division 2, Title 5 of the Government Code of the State of California (the "Act") and the City of
Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by
the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of
California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the
"Community Facilities District Law"). This Community Facilities District shall hereinafter be
designated as Community Facilities District No. 13M (Otay Ranch Village Two) (the "District");
and
WHEREAS, there has been submitted a map showing the boundaries of the territory
proposed to be included in the District which territory includes the properties and parcels of land
proposed to be subject to the levy of special taxes by the District.
NOW, THEREFORE, IT IS HEREBY RESOLVED:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The map designated as "Boundaries of Community Facilities District No.
13M (Otay Ranch Village Two)" showing the boundaries of the territory proposed to be included
in the District which territory includes the properties and parcels of land proposed to be subject
to the levy of a special tax by the District.
SECTION 3. A certificate shall be endorsed on the original and on at least one (I) copy
of the map of the District, evidencing the date and adoption of this Resolution, and within fifteen
(15) days after the adoption of the Resolution fixing the time and place of the hearing on the
formation of such District, a copy of such map shall be filed with the correct and proper
endorsements thereon with the County Recorder, all in the manner and form provided for in
Sections 3110 and 3111 of the Streets and Highways Code of the State of California.
PREPARED BY:
APPROVED AS TO FORM BY:
0<~~ I-
Leah Browder
Acting Director of Engineering
City Attorney
1
15-38
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH
COMMUNITY FACILITIES DISTRICT NO. 13M (OT A Y RANCH VILLAGE
TWO) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO
FINANCE CERTAIN SERVICES AND SETTING HIE PUBLIC HEARING
TO CONSIDER THE ESTABLISHMENT OF THE PROPOSED DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
"City Council"), desires to initiate proceedings to create a Community Facilities District
pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982,"
being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of Cali fomi a
(the "Act") and the City of Chula Vista Community Facilities District Ordinance enacted
pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article
XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance
may be referred to collectively as the "Community Facilities District Law"). This Community
Facilities District shall hereinafter be referred to as Community Facilities District No. 13M (Otay
Ranch Village Two) (the "District");
WHEREAS, this City Council is now required to proceed to adopt its Resolution of
Intention to initiate the proceedings for the establishment of such District, to set forth the
boundaries for such District, to indicate the type of public services to be financed by such
District, to indicate a rate and method of apportionment of special taxes proposed to be levied
within the District sufficient to finance such services and to set a time and place for a public
hearing relating to the establishment of such District; and,
WHEREAS, a map of such District has been submitted showing the boundaries of the
territory proposed to be included in the District which territory includes the properties and
parcels of land proposed to be subject to the levy of a special tax by the District.
NOW, THEREFORE, IT IS HEREBY RESOLVED:
SECTION 1. Recitals. The above recitals are all true and correct.
SECTION 2. Initiation of Proceedings. These proceedings are initiated by this City
Council pursuant to the provisions of the Community Facilities District Law.
SECTION 3. Boundaries of District. It is the intention of this City Council to establish
the Community Facilities District pursuant to the provisions of the Community Facilities District
Law, and to determine the boundaries and parcels on which special taxes may be levied to
finance certain services. A description of the boundaries of the territory proposed for inclusion
in the District including properties and parcels of land proposed to be subject to the levy of a
special tax by the District is as follows:
All that property as shown on a map as previously approved by this City Council,
such map designated by the name of this Community Facilities District, a copy of
which is on file in the Office of the City Clerk and shall remain open for public
inspection.
15-39
SECTION 4. Name of District. The proposed Community Facilities District shall be
known and designated as "Community Facilities District No. 13M (Otay Ranch Village Two)."
SECTION 5. Description of Services. It is the intention of this City Council to finance
certain services that are in addition to those provided in or required for the territory within the
District and will not be replacing services already available. A general description of the
services to be provided is as follows:
The maintenance of (a) landscaping, including, but not limited to, parkways, medians and
slopes; (b) facilities that are directly related to storm water quality control; (c) walls and fencing;
(d) trails; (e) pedestrian bridges, including, but not limited to, graffiti removal; and (1) public
lighting facilities, including, but not limited to, pedestrian lighting and decorative or ornamental
public lighting (collectively the "Improvements").
Such maintenance shall include, but not be limited to, the provision of all labor, material,
administration, personnel, equipment and utilities necessary to maintain such Improvements.
SECTION 6. Special Tax. It is hereby further proposed that, except where funds are
otherwise available, a special tax sufficient to pay for such services and related incidental
expenses authorized by the Community Facilities District Law, secured by recordation of a
continuing lien against all non-exempt real property in the District, will be levied annually within
the boundaries of the District. Under no circumstances will the special tax authorized to be
levied within the District be increased as a consequence of delinquency or default by the owner
of any other parcel or parcels used for private residential purposes and located within the District
by more than 10 percent. For further particulars as to the rate and method of apportionment of
the special tax proposed to be levied, reference is made to the attached and incorporated Exhibit
"A," which sets forth in sufficient detail the method of apportionment to allow each landowner
or resident within the District to clearly estimate the maximum amount that such person will
have to pay for such services.
The special taxes herein authorized, to the extent possible, shall be collected in the same
manner as ad valorem property taxes and shall be subj ect to the same penalties, procedure, sale
and lien priority in any case of delinquency as applicable for ad valorem taxes. Any special
taxes that may not be collected on the County tax roll shall be collected through a direct billing
procedure by the Treasurer.
SECTION 7. Public Hearing. Notice is given that on the 19th day of December, 2006, at
the hour of 6 o'clock p.m., in the regular meeting place of the City Council being the Council
Chambers, located at 276 Fourth Avenue, Chula Vista, California, a public hearing will be held
where this City Council will consider the establishment of the proposed District, the proposed
rate and method of apportionment of the special taxes proposed to be levied within the District,
and all other matters as set forth in this resolution of intention. At the above-mentioned time and
place for public hearing any persons interested, including taxpayers and property owners may
appear and be heard. The testimony of all interested persons for or against the establishment of
the District, the extent of the District, or the furnishing of the services, will be heard and
considered. Any protests may be made orally or in writing. However, any protests pertaining to
the regularity or sufficiency of the proceedings shall be in writing and clearly set forth the
irregularities and defects to which the objection is made. All written protests shall be filed with
15-40
the City Clerk of the City Council on or before tbe time fixed for the public hearing. Written
protests may be witbdrawn in writing at any time before the conclusion of tbe public hearing.
If a written majority protest against the establishment of the District is filed, the
proceedings shall be abandoned. If such majority protest is limited to certain services or portions
of the special tax, those services or that tax shall be eliminated by the City Council.
SECTION 8. Election. If, following the public hearing described in the Section above,
the City Council determines to establish the District and proposes to levy a special tax within the
District, the City Council shall tben submit the levy of the special taxes to the qualified electors
of the District. If at least twelve (12) persons, who need not necessarily be the same twelve (12)
persons, have been registered to vote within the District for each of the ninety (90) days
preceding the close of the public hearing, the vote shall be by registered voters of the District,
with each voter having one (I) vote. Otherwise, the vote shall be by the landowners of the
District who were the owners of record at tbe close of the subject hearing, with each landowner
or the authorized representative thereof, having one (I) vote for each acre or portion of an acre of
land owned within the District.
A successful election relating to the special tax authorization shall, as applicable,
establish and/or change the appropriations limit as authorized by Article XIIIB of the California
Constitution as it is applicable to this District.
SECTION 9. Notice. Notice of the time and place of the public hearing shall be given
by the City Clerk by causing a Notice of Public Hearing to be published in the legally designated
newspaper of general circulation, such publication pursuant to Section 6061 of the Government
Code, with such publication to be completed at least seven (7) days prior to the date set for the
public hearing.
PREPARED BY:
APPROVED AS TO FORM BY:
Leah Browder
Acting Director of Engineering
15-41
Exhibit A
Community Facilities District No. 13M
(Otay Ranch Village Two)
Rate and Method of Apportionment of Special Tax
15-42
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ORDERING AND DIRECTING THE PREPARATION OF A
COMMUNITY FACILITIES DISTRICT REPORT FOR PROPOSED
COMMUNITY FACILITIES DISTRICT NO. 13M (OT A Y RANCH VILLAGE
TWO)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
"City Council"), has declared its intention to initiate proceedings to create a Community
Facilities District therein pursuant to the terms and provisions of the "Mello-Roos Community
Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of
the State of California (the "Act") and the City of Chula Vista Community Facilities District
Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3,
5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and
the Ordinance may be referred to collectively as the "Community Facilities District Law"). This
Community Facilities District shall hereinafter be designated as Community Facilities District
No. 13M (Otay Ranch Village Two) (the "District"); and
WHEREAS, this City Council directs, pursuant to the provisions of Section 53321.5 of
the Government Code of the State of California, the preparation of a Community Facilities
District Report to provide more detailed information relating to the proposed District the services
proposed to be financed from the proceeds of special taxes to be levied within the District and
estimate of the cost of providing such services.
NOW, THEREFORE, IT IS HEREBY RESOLVED:
SECTION I. The above recitals are all true and correct.
SECTION 2. The Acting Director of Engineering is hereby directed and ordered to
prepare a Community Facilities District Report (the "Report") to be presented to this City
Council, generally setting forth and containing the following:
A. SERVICES: The maintenance of (a) landscaping, including, but not limited to,
parkways, medians and slopes; (b) facilities that are directly related to storm water quality
control; (c) walls and fencing; (d) trails; (e) pedestrian bridges, including, but not limited to
graffiti removal; and (f) public lighting facilities, including, but not limited to, pedestrian lighting
and decorative or ornamental lighting.
B. COST ESTIMATE: A general cost estimate setting forth costs of providing such
serVICes.
C. SPECIAL TAX: Further information regarding the implementation of the rate and
method of apportionment of the special tax proposed to be levied within the District.
I
15-43
SECTION 3. The report, upon its preparation, shall be submitted to this City Council for
review, and the Report shall be made a part of the record of the public hearing on the Resolution
of Intention to establish such District.
PREPARED BY:
APPROVED AS TO FORM BY:
{}L{ ?JJ ~.--t <""-
nn Moore C
City Attorney
Leah Browder
Acting Director of Engineering
2
15-44
~{~
--(1-
~~-- ::
Con-noued h-OM
t-JO\J. 14 Zoot.>
J
I +em g - A - J
mY Of
CHULA VISTA
Mayor and City Council
City Of Chula VISta
276 Fourth Avenue
Chula VISta. Ca 91910
619.691.5044 - 619.476.5379 Fax
MEMO
Wednesday, November 01, 2006
TO:
Lorraine Bennett, City Clerk
~
FROM:
Zaneta Salde Encarnacion, Constituent Services Manager
RE:
Veterans Advisory Commission
Mayor Padilla would like to recommend Mr. John Acosta to fill the vacancy left by Mr. Elroy
Kihano on the Veterans Advisory Commission.
Please place on the next council agenda for ratification.
Thank you.
1\_.,;:)_ c:> c::.. ~.._ 4=..J.c.. =uW,,~\.\ :s"etve.s. ~!,,"\ ~'"'R...
~........,.s.s,~ <I!><\ A..~,,~.
11- A-I