HomeMy WebLinkAbout2006/12/12 Agenda Packet
! ,:j&lc1are under penalty of perjury that I am
;mpIOyed by the City of Chula Vista in the , r,
. !fIOIl of the City Clerk and that I posted this ~ 1 f t.-
ent on the bulletin board according t-C::~ ~
reqUirements. --= -::...""""--=
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lA VISTA
rly
Lheryl Cox, Mayor
Rudy Ramirez, Council member Jim Thomson, Interim City Manager
John McCann, Councilmember Ann Moore, City Attorney
Jerry R. Rindone, Councilmember Susan Bigelow, City Clerk
Steve Castaneda, Councilmember
December 12, 2006
6:00 P.M.
Council Chambers
City Hall
276 Fourth Avenue
CALL TO ORDER
ROLL CALL: Counci1members Castaneda, McCann, Ramirez, Rindone, and Mayor Cox
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. INTRODUCTION BY ACTING COMMUNITY DEVELOPMENT DIRECTOR HIX,
OF EMPLOYEE OF THE MONTH, ANGELICA DAVIS, COMMUNITY
DEVELOPMENT SPECIALIST
. OATHS OF OFFICE
John Acosta to the Veterans Advisory Commission
Rita Buencamino-Andrews to the Board of Appeals and Advisors
. PRESENTATION OF THE 35TH ANNUAL BOTTERMAN AWARD TO MR. GARY
SAUER BY THE CHULA VISTA HUMAN RELATIONS COMMISSION
. DID YOU KNOW... ABOUT ECONOMIC DEVELOPMENT'S BUSINESS
ATTRACTION AND RECRUITMENT STRATEGY? Presented by Dennis Stone,
Economic Development Manager.
CONSENT CALENDAR
(Items 1 through 14)
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 jill out a "Request to Speak" form (available in the lobby) and submit it to
the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be
discussed immediately following the Consent Calendar.
1. WRITTEN COMMUNICATIONS
A. Resignation from Cheryl Cox, member of the Charter Review Commission.
Staffrecommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with Maddy Act requirements.
.
B. Letter of resignation from Norma Toothman, member of the Charter Review
Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with the Maddy Act.
2. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE
SECTION 2.03.020 TO DESIGNATE THE APPOINTING AUTHORITY FOR
COUNCIL ASSISTANTS, SENIOR COUNCIL ASSISTANTS AND OTHER
POSITIONS IN THE DEPARTMENT OF MAYOR AND COUNCIL (SECOND
READING)
Adoption of the ordinance designates the appointing authority for Council Assistants,
Senior Council Assistants and other positions in the department of Mayor and Council.
This ordinance was introduced on December 5, 2006. (City Attomey/Mayor)
Staff recommendation: Council adopt the ordinance.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA I)
ACCEPTING $9,500,000 OF DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT SECTION 108 LOAN FUNDS AND APPROPRIATING SAID
FUNDS TO MULTIPLE CAPITAL IMPROVEMENT PROJECTS (STL303, STL304,
STL305 AND STL306); AND 2) AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY AND ALL NECESSARY DOCUMENTS, AGREEMENTS AND
AMENDMENTS (4/5THS VOTE REQUIRED)
In September 2006, the Department of Housing and Urban Development (HUD)
approved a $9.5 million loan for use in the completion of a capital improvement project
in the Castle Park area. Subsequent to the approval of a $9.5 million HUD Section 108
loan, the City must execute the necessary loan documents. Adoption of the resolution
authorizes the City Manager to execute said documents, which will provide funding for
the First Avenue (Palomar to Naples), Glenhaven Way, Oxford Street (Third to Alpine)
and Castle Park street improvement projects. (Acting Community Development
Director)
Staff recommendation: Council adopt the resolution.
4. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROPRIATING $376,700 FOR FISCAL YEAR 2007 TO THE ENERGY
CONSERVATION FUND FOR THE SAN DIEGO GAS AND ELECTRIC (SDG&E)
ENERGY PARTNERSHIP GRANT PROGRAM (4/5THS VOTE REQUIRED)
Page 2 - Council Agenda
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December 12, 2006
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE 2006 APPROPRIATION TO PROVIDE ENERGY EFFICIENCY
SERVICES FOR COMMERCIAL AND RESIDENTIAL FACILITIES THROUGH
DECEMBER 31, 2008 (4/5THS VOTE REQUIRED)
On September 19,2006, the Council accepted the grant and appropriated funding for the
2006 calendar year of the San Diego Gas and Electric (SDG&E) partnership program to
the 2007 Fiscal Year. Approval of this $376,700 appropriation enables the City to
continue the partnership with SDG&E, residents and local businesses to reduce the
amount of gas therms and electricity kilowatts consumed by the public. The total grant
provides $2,193,225 over a three-year period ending December 31,2008. (Conservation
and Environmental Services Director)
Staff recommendation: Council adopt the resolution.
5. ORDINANCE OF THE CITY OF CHULA VISTA INCREASING THE SPEED LIMIT
ON OLYMPIC PARKWAY BETWEEN THE INTERSTATE 805 NORTHBOUND
RAMPS AND BRANDYWINE AVENUE FROM 35 MPH TO 45 MPH (FIRST
READING)
Adoption of the ordinance establishes the speed limit based on the results of a speed
survey and pursuant to the authority under Municipal Code Section 10.48.020.
(Engineering Director)
Staff recommendation: Council place the ordinance on first reading.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAP AND ASSOCIATED AGREEMENTS FOR CHULA
VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-18;
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENTS;
ACKNOWLEDGING THE IRREVOCABLE OFFER OF DEDICATION OF FEE
INTEREST GRANTED ON SAID MAP; ACCEPTING ON BEHALF OF THE CITY
OF CHULA VISTA THE VARIOUS PUBLIC EASEMENTS AS GRANTED ON SAID
MAP; AND VACATING CERTAIN UNNEEDED EASEMENTS
Adoption of the resolution approves the final map and associated agreements for
Neighborhood R-18, a subdivision of Otay Ranch Village II. Neighborhood R-18 will
consist of a 112-unit residential condominium lot and one open space lot. (Engineering
Director)
Staffrecommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE FILING OF A GRANT APPLICATION TO THE CALTRANS
STATEWIDE TRANSIT PLANNING STUDIES GRANT PROGRAM FOR FUNDS
TO CONDUCT A TRANSIT SHUTTLE FEASIBILITY STUDY; AUTHORIZING
ACCEPTANCE OF THE FUNDS IF GRANTED; AND CERTIFYING THE
COMMITMENT OF MATCHING FUNDS IN THE FORM OF IN-KIND SERVICES
Page 3 - Council Agenda
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December 12, 2006
Grant funding would support a series of studies to determine how best to connect
residential and commercial areas with local and regional transit services and future bus
rapid transit services. (Engineering Director)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE FILING OF A GRANT APPLICATION TO THE CALTRANS
COMMUNITY-BASED TRANSPORTATION PLANNING GRANT PROGRAM FOR
FUNDS TO ASSESS CITY INFRASTRUCTURE NEAR CHULA VISTA HILLS AND
VISTA SQUARE ELEMENTARY SCHOOLS; AUTHORIZING ACCEPTANCE OF
THE FUNDS IF GRANTED, AND CERTIFYING THE COMMITMENT OF
MATCHING FUNDS
The City has undertaken an effort to create a master infrastructure management program
to inventory, assess, and prioritize the City's missing infrastructure. Grant funding would
support the City in working with the South Bay Partnership to enhance the community
input phase of this effort and support critical planning activities, such as community-
based walking audits centered around the City's 37 public elementary schools.
(Engineering Director)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE FILING OF A GRANT APPLICATION TO THE CALTRANS
COMMUNITY-BASED TRANSPORTATION PLANNING GRANT PROGRAM FOR
FUNDS TO ASSESS CITY INFRASTRUCTURE NEAR LAUDERBACH AND
MONTGOMERY ELEMENTARY SCHOOLS; AUTHORIZING ACCEPTANCE OF
THE FUNDS IF GRANTED, AND CERTIFYING THE COMMITMENT OF
MATCHING FUNDS
The City has undertaken an effort to create a master infrastructure management program
to inventory, assess, and prioritize the City's missing infrastructure. Grant funding would
support the City in working with the South Bay Partnership to enhance the community
input phase of this effort and support critical planning activities, such as community-
based walking audits centered around the City's 37 public elementary schools.
(Engineering Director)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE FILING OF A GRANT APPLICATION TO THE CALTRANS
COMMUNITY-BASED TRANSPORTATION PLANNING GRANT PROGRAM FOR
FUNDS TO ASSESS CITY INFRASTRUCTURE NEAR HALECREST
ELEMENTARY SCHOOL; AUTHORIZING ACCEPTANCE OF THE FUNDS IF
GRANTED, AND CERTIFYING THE COMMITMENT OF MATCHING FUNDS
The City has undertaken an effort to create a master infrastructure management program
to inventory, assess, and prioritize the City's missing infrastructure. Grant funding would
support the City in working with the South Bay Partnership to enhance the community
input phase of this effort and support critical planning activities, such as community-
based walking audits centered around the City's 37 public elementary schools.
(Engineering Director)
Staff recommendation: Council adopt the resolution.
Page 4 - Council Agenda
http://www.chu1avistaca.gov
December 12,2006
T
11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE FILING OF A GRANT APPLICATION TO THE CALTRANS
COMMUNITY-BASED TRANSPORTATION PLANNING GRANT PROGRAM FOR
FUNDS TO ASSESS CITY INFRASTRUCTURE NEAR PUBLIC ELEMENTARY
SCHOOLS; AUTHORIZING ACCEPTANCE OF THE FUNDS IF GRANTED, AND
CERTIFYING THE COMMITMENT OF MATCHING FUNDS
The City has undertaken an effort to create a master infrastructure management program
to inventory, assess, and prioritize the City's missing infrastructure. Grant funding would
support the City in working with the South Bay Partnership to enhance the community
input phase of this effort and support critical planning activities, such as community-
based walking audits centered around the City's 37 public elementary schools.
(Engineering Director)
Staff recommendation: Council adopt the resolution.
12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $3,900 FROM THE SAN DIEGO COUNTY LAW ENFORCEMENT
FOUNDATION AND APPROPRIATING $3,900 TO THE FISCAL YEAR 2007
POLICE DEPARTMENT SUPPLIES AND SERVICE BUDGET BASED UPON
UNANTICIPATED REVENUES (4/5THS VOTE REQUIRED)
The Police Department has been awarded a $3,900 grant from the San Diego County Law
Enforcement Foundation. Adoption of this resolution accepts the grant and appropriates
the funds to purchase a new Prolaser hand-held speed device. (Police Chief)
Staff recommendation: Council adopt the resolution.
13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $83,219 FROM THE OFFICE OF EMERGENCY SERVICES AND
APPROPRIATING FUNDS THEREFOR, WAIVING THE CONSULTANT
SELECTION PROCESS AND APPROVING THE AGREEMENT WITH SOUTH BAY
COMMUNITY SERVICES TO PROVIDE SERVICES FOR DOMESTIC VIOLENCE
CASES; AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT (4/5THS
VOTE REQUIRED)
The Police Department and South Bay Community Services have been working in
partnership for the past 10 years providing domestic violence services to the community.
Adoption of the resolution accepts a grant from the Office of Emergency Services to fund
the Domestic Violence Response Team program and approve the agreement to provide
services for domestic violence cases. (Police Chief)
Staff recommendation: Council adopt the resolution.
Page 5 - Council Agenda
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December 12, 2006
l
14. RESOLUTION OF THE CITY COUNCIL OF. THE CITY APPROVING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE METROPOLITAN
TRANSIT SYSTEM (MTS) AND THE CITY OF CHULA VISTA FOR THE
REGIONAL TELEPHONE INFORMATION SYSTEM (RTIS)
Adoption of the resolution maintains Chula Vista Transit's (CVT) participation in the
Regional Telephone Information System (RTIS) via agreement. The service provides
riders and persons throughout the region with telephone and online schedule information
both on CVT and on all fixed-route transit systems operating in the County. This
agreement for Fiscal Year 2006/2007 continues CVT's participation at a cost of
$54,713.80 and includes automatic annual renewals through Fiscal Year 2010-2011 at a
three percent annual cost increase. (Public Works Operations Director)
Staff recommendation: Council adopt the resolution.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for future discussion or refer the matter to staff. Comments are limited to
three minutes.
PUBLIC HEARINGS
The following items have been advertised as public hearings as required by law.
If you wish to speak on any item, please fill out a "Request to Speak" form
(available in the lobby) and submit it to the City Clerk prior to the meeting.
15. CONSIDERATION OF PUBLIC INPUT ON THE 2007/2008 FEDERAL GRANT
FUNDING PRIORITIES AND APPROVAL OF THE 2005/2006 YEAR END
REPORTING FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM, THE HOME INVESTMENT PARTNERSHIP PROGRAM, AND THE
EMERGENCY SHELTER GRANT PROGRAM (ESG)
The purpose of the public hearing is to meet the City's requirement to hold a minimum of
two public hearings to allow for adequate citizen participation in the allocation of federal
grant funds. This item also provides a year-end report on the City's grant administration
performance for the program year 2005/2006. (Acting Community Development
Director).
Staff recommendation: Council conduct the public hearing, and accept and file the
report.
Page 6 - Council Agenda
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December 12, 2006
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16. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN
DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE
RESPECTNE OWNER-OCCUPIED PARCELS OF LAND AND PLACEMENT OF
DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR
COLLECTION
Adoption of the resolution allows for the collection of delinquent sewer service charges
to be assessed as recorded liens upon the affected properties and ultimately placed on the
property tax bills for collection. (Finance Director)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS
RECORDED LIENS UPON THE RESPECTNE OWNER OCCUPIED
PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL
17. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN
DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON
THE RESPECTNE PARCELS OF LAND AND PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION
Adoption of the resolution allows for the collection of delinquent solid waste service
charges to be assessed as recorded liens upon the affected properties and ultimately
placed on the property tax bills for collection. (Finance Director)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES
AS RECORDED LIENS UPON THE RESPECTNE PARCELS OF LAND AND
APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT
REGULAR TAX BILL
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.
18. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACT AS THE
MAYOR'S VOTING ALTERNATE ON THE METRO COMMISSION
Page 7 - Council Agenda
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December 12, 2006
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE CITY OF CHULA VISTA'S REPRESENTATIVE ON THE
METRO COMMISSION TO VOTE IN SUPPORT OF THE CITY OF SAN DIEGO'S
STRATEGY FOR CONCURRENT INITIATION OF AN APPLICATION TO RENEW
THE WAIVER AND TO BEGIN NEGOTIATIONS WITH THE ENVIRONMENTAL
PROTECTION AGENCY FOR AN AGREEMENT, OR CONSENT DECREE, TO
COMPLY WITH THE REQUIREMENTS OF 'THE OCEAN POLLUTION
REDUCTION ACT AT THE UPCOMING METRO COMMISSION MEETING
This past October, City of San Diego Metropolitan Wastewater Department staff
provided the Council with an update regarding current efforts to obtain the necessary
environmental permits required for the continued operation of the Point Lorna Treatment
Plant. A vote of the Metro Commission on this subject is scheduled for December 14,
2006. Adoption of the resolutions authorizes the City Manager or designee to act as the
Mayor's voting alternate on the Metro Commission, and to vote in support of the City of
San Diego's current strategy for concurrent initiation of the waiver application and
negotiations of a consent decree at the upcoming meeting. (Engineering Director)
Staff recommendation: Council adopt the resolutions.
OTHER BUSINESS
19. CITY MANAGER'S REPORTS
20. MAYOR'S REPORTS
A. Appointment of Deputy Mayor
B. Continued appointment of Mayor as SANDAG representative, and appointment
of alternates.
C. Appointment of Metropolitan Transit System representative and alternates.
21. COUNCIL COMMENTS
. Deputy Mayor McCann: Discussion of Otay Lakes Lodge Mobile Home Park
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by
noon on Wednesday following the Council Meeting at the City Attorney's office in
accordance with the Ralph M Brown Act (Government Code 54957. 7).
Page 8 - Council Agenda
hnp://www.chulavistaca.gov
December 12, 2006
22. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: Assessor Parcel No. 643-070-1000 (10 acres on the southeast
comer of the future intersection of Hunte Parkway and Exploration
Falls Drive)
Negotiating Parties: Assistant City Manager Smith, Economic Development Director
Stone, Assistant City Attorney Hull and Jed Wallace representing
High Tech High
Under Negotiation: Terms and conditions of lease.
23. CONFERENCE WITH LEGAL COUNSEL REGARDING THREATENED
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B)
. One case
ADJOURNMENT to the Adjourned Regular Meeting on December 14, 2006 at 6:00 p.m. and
thence to the Regular Meeting on December 19, 2006 at 6:00 p.m. in the Council Chambers.
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access,
attend, and/or participate in a City meeting, activity, or service request such accommodation at
least forty-eight hours in advance for meetings and five days for scheduled services and
activities. Please contact the City Clerk for specific information at (619) 691-5041 or
Telecommunications Devicesfor the Deaf (TDD) at (619) 585-5655. California Relay Service is
also available for the hearing impaired.
Page 9 - Council Agenda
http://www.chu1avistaca.gov
December 12, 2006
.
PROOF OF PUBLICATION
(2015.5 C.CP)
STATE OF CALIFORNIA,
County of San Diego:
I am a citizen of the United States and a resident
of the county aforesaid: I am over the age of
eighteen years, and not a party to or interested in
the above-entitled matter. I am the principle clerk
of the printer of THE STAR-NEWS, a newspaper
of general circulation, published ONCE WEEKLY
in the city of CHUlA VISTA and the South Bay
Judicial District, County of San Diego, which
newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the
County of San Diego, State of California, under
the date of January 18, 1973, Case Number
71752; that the notice, of which the annexed is a
printed copy (set in type not smaller than non-
pareil), has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following dates, to-wit:
12/1
all in the year 2006.
I certify (or declare) under penalty of perjury
that the foregoing is true and correct.
Dated at Chula Vista, California 91910
this 1 st day of December 2006.
/
Signature
.
This space is for the County Clerk's filing stamp.
Proof of Publication of
CV26342
Public Hearing
CITY OF CHULA VISTA
NonCE OF
PUBLIC HEARING
BY THE CHULA VISTA
CITY COUNCIL
CHULA VISTA, .
CALIFORNIA
NOTICE IS HEREBY GIV-
EN THAT THE CHULA VIS-
TA CITY COUNCIL will
hold a public hearing to
consider the following:
Proposed assessment Of
certain delinquent sewer
service charges as record-
ed liens upon the r8$P8c.
tive owner -occupied par~
eels of land and place-
ment of delinquent charg-
es on the next regular tax
bill for collection. Notices
of delinquency have. al-
ready been sent to the in-
dividual property owners.
For further information,
call the Finance Oopari-
ment at 691-5250. . I
Arid I
Proposed assessment of '
certain delinquent solid I
waste service charges as
recorded liens upon. 'the
respective parcels of. land
and placement of delinM
quent charges on the next
regular tax bill for collec-
tion. Notices of delin-
quency have already. been
sent to the individual
property owne,.. For fur-
ther infonnation. call the
Finance Oepartment at
691-5250.
SAIO PUBLIC HEARING
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PROOF OF PUBLICATION
(2015.5 C.C.P)
STATE OF CALIFORNIA,
County of San Diego:
I am a citizen of the United States and a resident
of the county aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above-entitled matter. I am the principle clerk
of the printer of THE STAR-NEWS, a newspaper
of general circulation, published ONCE WEEKLY
in the city of CHULA VISTA and the South Bay
Judicial District, County of San Diego, which
newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the
County of San Diego, State of California, under
the date of January 18, 1973, Case Number
71752; that the notice, of which the annexed is a
printed copy (set in type not smalier than non-
pareii), has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the foliowing dates, to-wit:
12/22
ali in the year 2006.
I certify (or declare) under penalty of perjury
that the foregoing is true and correct.
Dated at Chula Vista, California 91910
this 22nd day of December 2006.
Signature
.
\ /
This space is for the County Clerk's filing stamp.
Proof of Pubiication of
CV26466
Ordinance
CITY OF CHULA VISTA
NOTICE OF AOOPTION
OF ORDINANCE .
Notice is hereby given that
on Tuesday, December
12.2006, the' City Council
of the City of Chula Vista
adopted the following or-
dinance: '
OROINANCE NO. 3054.
ORDINANCE OrfHECITY
OF CHULA VISTA AMEND- .
ING MUNICIPAL CODe,
SECTION 2.03.020 TO'
DESIGNATE THE Ap.
I POINTING AUTHORITY
FOR COUNCil ASSIs-
TANTS, SENIOR COUNCil
ASSISTANTS AND OTHER
. POSITIONS IN THE DE-
PARTMENT OF MAYOR
AND COUNCil .
The ordinance designates
fhe appointing authority
'9' Council Assistants, Se-
; Olor COuncil Assistants
and other fOSitions in the
departmen of Mayor and'
, Council.
The ordinance was intro- '
duced at the Regular
Meeting on December 5
2006. and adopted at the
Regular Meeting of De-
cember 12, 2006 by the.
fOllowing vote to-wit'
, A YES: Castaneda Mc-
Cann, Ramirez, Rindone
and Cox; ABSENT: NONE'
NOES: None. '
The full text of this ordi-
nance is available in the
, Office of the City Clerk at
276 Fourth Avenue, Chula
, Vista, Callfomia
, Lori Anne People.
. Senior Deputy City Clerk
Dated: December 15
2006 '
; CV26466 12/22/06
~Jft-.
~~
---...........--
.-...---.......-......
--
RECEIVED
OlY OF
CHUIA VISTA
"06 [[C -7 P4 :46
OFFICE OF THE MAYOR
ef,n IF GHULA ViS: /
CiTY CLEfitl{'S ~FFiC:
CHERYL COX
MAYOR
December 5, 2006
Charter Review Commission
Re: Resignation from CRC
Dear Commissioners:
Due to my newly elected role as Mayor of Chula Vista, I hereby resign from the Charter
Review Commission effective Tuesday, December 5, 2006. It was a pleasure working
with each and everyone of you, and I wish you all the best.
Sincerely,
CLLCr-
Cheryl ~ox
Mayor
fA
276 Fourth Avenue' Chula Vista' California 91910' (619) 691-5044' Fax (619) 476-5379
ccox@::chulavistaca.goy
@Post-(()",um~rR"(HI..dP.fH'r
RECE!VED
~ I()V30 P4:03
Dear Charter Review Commission,
euy GF CHULA VL) i t,
mY @LlEftlI'S OFF!Cf:
Re: Conflict of Interest Code: Chapter 2.02
..
Due to my recent appointment to the Board of Ethics on October 10th 2006, 1 will be
stepping down from the Charter Review Co=ission effective i=ediate1y to proceed
with my new appointment without any conflict of interest or appearance of impropriety.
Thank you for your attention to this matter. It was a pleasure working with all of you and
wish you luck with any and all future amendments to the Charter!
Respectfully,
Norma Toothman
/13
ORDINANCE NO. O,?\\O\\
~~\)~
AN ORDINANCE OF THE CITY Qf~\~ULA VISTA
AMENDING MUNICIPAL COD!2..\~~N 2.03.020 TO
DESIGNATE THE APPORt~ AUTHORlTY FOR
COUNCIL ASSISTANTS, SEMoR COUNCIL ASSISTANTS,
AND OTHER POSITIONS IN THE DEPARTMENT OF
MAYOR AND COUNCIL
-.
WHEREAS, Charter section 201 vests all powers of the City, except as otherwise
provided in the Charter, in the City Council; and
WHEREAS, Charter section 501 grants the Council authority to create departments in the
City and assign functions to the departments; and
WHEREAS, the Council established the Department of Mayor and Council by
Ordinance 2619 in 1994 pursuantto the authority of Charter Section 501; and
WHEREAS, the Department of Mayor and Council has the responsibility of policy
setting and constituent relations, inter-agency relations, and intra-agency/policy implementation,
but not administrative services; and
WHEREAS, Ordinance 2619 was codified in Chula Vista Municipal Code, Chapter 2.03,
entitled Department of Mayor and Council; and
WHEREAS, Charter sections 501 and 505 grant the Council the authority to establish
positions in the Department of Mayor and Council; and
WHEREAS, the elected Mayor and elected Councilmembers, and the private secretary to
the Mayor and Council are the only Charter-mandated positions in the Department of Mayor and
Council at the present time; and
WHEREAS, Charter section 500 provides that the private secretary to the Mayor and
Council shall be appointed by the Council as a body; further, the private secretary may be
removed by the Council at any time by a majority vote of the members of the Council; and
WHEREAS, Charter sections 201 and 304 provide that the City Council may delegate
appointing authority for positions established in the Department of Mayor so long as the
delegation of appointing authority is not in conflict with the Charter; and
WHEREAS, it is the intent of the City Council to delegate the appointing authority for
positions established in the Department of Mayor and Council, not inconsistent with the Charter;
specifically, to delegate appointing authority to the Mayor for all positions established within the
Department through the legislative process, except for those legislative positions designated by
Council to serve at the will of the entire Councilor individual Councilmembers.
~-I
Ordinance No.
Page 2
NOW, THEREFORE, the City Council of the City ofChula Vista does ordain as follows:
SECTION 1: That Chapter 2.03, Section 2.03.020 ~fthe Chula Vista Municipal Code is hereby
amended to read as follows:
2.03.020
Establishment of department of mayor and council.
A. The department of mayor and council shall have assigned to it the elected mayor and elected
councilmembers, the private secretary to the mayor and council that is permitted by Charter, any
additional Charter positions assigned to either the mayor or mayor and council, and any positions
assigned to the department of mayor and council through the legislative process, including the
budgetary process or such other means commonly recognized for assignment of personnel.
Subject to the provisions of the Charter, positions so assigned to the department of mayor and
council shall be given an unclassified status.
B. The mayor shall serve as department head and appointing authority, except when designated
otherwise by the Charter or by the council. The appointing authority includes the power to
appoint and the power to remove from office. Persons in positions, other than clerical, who are
appointed by the mayor shall be term-limited to correspond to the tenure of the mayor, unless
removed prior to the end of the mayor's term.
C. The council may, by ordinance not in conflict with the Charter, designate the council as the
appointing authority for a position created through the legislative process. A person appointed by
the council in the department of mayor and council may be removed by a majority vote of the
members of the council.
D. The council may, by ordinance not in conflict with the Charter, designate an individual
councilmember as the appointing authority for those positions serving at the individual
councilmember's direction. Council assistants and senior council assistants shall be appointed by
the individual councilmembers. Council assistants and senior council assistants shall be term-
limited to correspond to the tenure of the individual, appointing councilmember, unless removed
prior to the end of the councilmember's term.
SECTION II: This ordinance shall take effect and be in full force thirty days from its adoption.
Submitted by:
Approved as to form by:
~dJt7~
Moore / - .
CIty Attorney
~~
Ann Moore y r I
City Attorney
J:\AttomeyVDA WSON\Ordinances\Nfayor.Council.Department.CLEAN copy of redline~strikeout (11 ~29-o6).doc
..,..(. ..2....
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PAGE 1, ITEM NO.:
MEETING DATE: 12/12/06
CITY COUNCIL AGENDA STATEMENT
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
(1) ACCEPTING $9,500,000 OF DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT SECTION 108 LOAN FUNDS AND
APPROPRIATING SAID FUNDS TO MULTIPLE CAPITAL
IMPROVEMENT PROJECTS (STL303, STL304, STL305 AND STL306);
AND
(2) AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL
DOCUMENTS, AGREEMENTS AND AMENDMENTS NECESSARY TO
EFFECTUATE THE LOAN
ACTING COMMUNITY DEVELOPMENT DIRECTOR
INTERIM CITY MANAGER II
SUBMlnED BY:
REVIEWED BY:
BACKGROUND
4/5THS VOTE: YES [!] NO D
In September of 2006, the Department of Housing and Urban Development (HUD)
approved a $9.5 million loan for use in the completion of a capital improvement project
in the Castle Park Area. Loan repayments will be made from the annual Community
Development Block Grant (CDBG) allocation for a period of 20 years.
This item will authorize the City Manger to execute any and all necessary loan documents,
agreements and amendments necessary to proceed with receipt of the Section 108 funds.
RECOMMENDATION
That the City Council approve a resolution: 1) Accepting $9,500,000 of Department of
Housing and Urban Development Section 108 Loan Funds; and 2) Appropriating said
funds to multiple Capital Improvement Projects, as follows:
· STL303 First Avenue (Palomar to Naples):
· STL304 Glenhaven Way:
· STL305 Oxford Street (Third to Alpine):
· STL306 Castle Park Street Improvement Projects:
$ 150,000
$ 100,000
$ 150,000
$9,100,000
ENVIRONMENTAL REVIEW
The City's Environmental Project Manager has completed the environmental review
process per National Environmental Protection Act (NEPA) Regulations and concluded that
the project is Categorically Excluded and not subject to any further environmental review.
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PAGE 2, ITEM NO.:
MEETING DATE:
-'
12/12/06
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable.
..
DISCUSSION
On February 14, 2006, the City Council approved an application for a Section 108 Loan
Application for the Castle Park Infrastructure Improvement Project in the amount of
$9,500,000. HUD approved the application in September 2006. The loan is
contingent, however, on the execution of an Applicant Disclosure Form and a Funding
Approval Agreement as well as other necessary loan documents. Staff is requesting
authorization for the City Manger to execute these mentioned documents as well as any
forthcoming loan documents pertaining to the Section 108 Loan. At this time, stoff is
recommending that Council accept the funds for expenditures on the Costle Park
Infrastructure Improvement Project as follows:
. STL303 First Avenue (Palomar to Naples):
. STL304 Glenhaven Way:
. STL305 Oxford Street (Third to Alpine):
. STL306 Castle Park Street Improvement Projects:
$ 150,000
$ 100,000
$ 150,000
$9,100,000
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 subject of this
oction.
FISCAL IMPACT
There is no impact on the General Fund as the funds for these improvements have been
provided by HUD as part of the Section 108 Loan Guarantee Program. Approval of this
resolution will result in accepting HUD Funds in the amount of $9,500,000 and
appropriation of said funds to the Castle Park Capital Improvement Proiects (STL303,
STL304, STL 305 and STL306).
The Section 108 Loan is an "advance" of future CDBG entitlement funds and, as such, is
repaid with a portion of the City's annual entitlement. Debt service payments will be
made with future CDBG entitlements for the next 20 years, beginning with fiscal year
200712008. Based on the City's annual entitlement, the requested loan amount, and the
current interest rate (5.38), the City anticipates annual debt service payments of
approximately $750,000 per year taken from the City's yearly CDBG Capital Improvement
category. After funding the Public Services category as well as the Administration and
Planning, approximately $300,000 would still be available for other infrastructure and
public facility improvements.
3-2
PAGE 3, ITEM NO.:
MEETING DATE:
-
-?
~
12/12/06
In the event there are insufficient annual CDSG entitlement funds to repay the Section
108 loan, the City prepared two alternate collateral options. The first is to be repaid by
the City General Fund. The second option consisted of .real property collateral. The
properties include the Rancho Del Rey Library Site and Harborside Park.
Prepared by: Angelica Davis, Community Development Specialist /I, Community Development Department
3-3
CITY COUNCIL RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA (I) ACCEPTING $9,500,000 OF
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
SECTION 108 LOAN FUNDS AND APPROPRIATING SAID
FUNDS TO THE CASTLE PARK CAPITAL IMPROVEMENT
PROJECT (STU03, STU04 STU05 AND STU06); AND
(2) AUTHORIZING THE CITY MANAGER TO EXECUTE
ANY AND ALL NECESSARY DOCUMENTS, AGREEMENTS
AND AMENDMENTS
WHEREAS, the Department of Housing and Urban Development (HUD) has established
the Section 108 Loan Guarantee Program ("Loan Program") in order to provide below-market
rate loans for qualified projects that serve the needs of low and moderate income persons; and
WHEREAS, on February 14, 2006, Council approved the submittal of a Section 108
Loan Guarantee Application for the Castle Park Infrastructure Improvement Project in the
amount of$9,500,000; and,
WHEREAS, on September 20, 2006, HUD approved the Section 108 Loan Guarantee
Application in the amount of$9,500,000; and,
WHEREAS, the loan is contingent upon execution of an Applicant Disclosure Form and
a Funding Approval Agreement (attached hereto as Exhibit I).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista accepts $9,500,000 of Department of Housing and Urban Development Section 108 Loan
Funds and appropriates said funds to the Castle Park Capital Improvement Project (STU03,
STU04, STU05 and STU06).
BE IT FURTHER RESOLVED, that the City Council of the City of Chula Vista
authorizes the City Manager to execute an Applicant Disclosure Form and Funding Approval
Agreement and is authorized to execute the forthcoming HUD Contract for Loan Guarantee
Assistance, Note and all other necessary documents, agreements and amendments.
PRESENTED BY
APPROVED AS TO FORM BY
JjU&
Ann Hix
Assistant Director of Community Development
Ann oore
A ncy Attorney
C:\Documents and Settings\cynthiam\Local Settings\T~mporary Internet Files\OLKC4\CDBG 108 RESO.doc
3-4
EXHIBIT 1
Applicant/Recipient
Disclosure/Update Report
U.S. Department 01 Housing
and Urban Development
OMS Approval No. 2510-0011 (exp.313112003)
Instructions. (See Public Reporting Statement and Privacy Act Statement and detailed instructions on page 2.)
ApplicantJRecipient Information Indicate whether this Is an Initial Report 0 or an Update Report 0
1. ApplicanVRedplent Name, Acfdress, and Phone (include area code): 2. Social Security Number or
Employer 10 Number:
( )
s. HUD Program Name
4. Amount of HUO Assistance
Reques~eceNed
5. State the name and location (street address. City and State) of the project or activity:
Part J Threshold Determinations
1. Are you applying for assistance for a specific project or activity? These
tenns do not include formula grants. such as public housJng operating
subsidy or CDSG block granls. (Por further Inronnallcn See 24 CFR See
4.3).
Dyes D No
2. Have you received or do you expect to receive assistance within the
JurisdlcUon of the Department (HUD) , involving the project or activity in
this applicatIon, In excess of $200,000 during this flscal year (Oct. 1 _
Sap. 30)? For further information, sae 24 CFR Sec. 4.9
Dyes D No.
If you answered "No. to either question 1 or 2, Slop! You do not need to complete the remainder of this form.
However, you must sign the certification at the end of the report.
Part" Other Government Assistance Provided or Requested I Expected Sources and Use of Funds.
Such assistanoe Includes, bUlls not limited to, any grant, loan, subsidy, guarantee, insurance, payment, oredlt, or tax benefit.
Type of Assistance
Amount
RenuestedJPl'ovided
Expected Uses of the Funds
OepartmentlStateILoca! Agency Name and Address
(Note: Use Additional pages If necessary.)
Part III Interested Parties. You must disclose:
1. All developers, contractors, or consultants invoJved In the application for the assistance or In the planning, development, or implementation of the
project or activity and
2. any other person who has a financial interest In the project or actMty for which the assis:tance is sought that exceeds $50,000 or 10 percent 01 '!he
assistance (whichever is lower).
AlphabelJcaJ list of all persons with a reportable financial Interest Social Security No. Type of ParticipatIon in financial Interest in
In the oroiect or activItY (For indIviduals. give the last name first} or Emelove. ID No. F'rolecVAcllvity Prol.c~Acli~~($ and %)
(Note: Use Additional pages II necessary.)
Certification
Warning: If you knowingly make a false statement on this fOITT1. you may be subject to civil or criminal penalties under Section 1001 olTiUe 18 01 the
United Stales Code. In addiUon, any person who knowingly and materially violates any required disclosures of lnf6nnatlon, including intentional non-
disclosure, Is subject to civR money penalty not to exceed $10,000 for each vielation.
I certify that this infonnatlon is true and complete.
Signature:
x
I Dale: (mmlddlyyyy)
Fonn HUD-2B80 (3188)
3-5
Public reporting burden for this collection of Infonnatlon is estimated to average 2.0 hours per response, including the time for reviewing instructions,
searching existing data sources, ga1hering and maintaining the data needed, and completing and reviewing the coUection of information. This agency
may not conduct or sponsor, and a parson is not required to respond to, a collectIon information unless that collection displays a valid OMS contro!
number.
Privacy Act Statement. Except for Social Security Numbers (SSNs) and Employer Identification Numbers {EINs), the Department of Housing and Urban
Development (HUD) is authorized to collect all the infonnation required by this IOITll under section 102 of the Department of Housing and Urban
Development RefolTll Act of 1989, 42 U.S.C. 3531. Disclosure of SSNs and EINs is optional. The SSN or EIN is used as a unique identifier. The
information you provide wijJ enable Hue to carry out its responsibilities under Sections 102{b), (e), and (d) of the Department of Housing and Urban
Development Reform Act at 1989, Pub. L 101.235, approved December 15, 1989. These provisions will help ensure greater accountability and integrity
in the provision of certain types of assistance administered by HUD. They will also help ensure that HUe assistance for a speclfic housing project under
Section 102(d) Is not more than is necessary to make the project feasible after taking account of ~ther government assistance. HUD Wlll make avanable
to the public all applicant disclosure reports for five years in the case of applications for competitive assistance. and. for generally three years In the case
oj other applicatfons. Update reports wnl be made available along with the disclosure reports, but in no case for a period generally less Ulan three years.
AU reports, hath iniUal reports and update reports, wiU be made avaUable in accordance with the Freedom of Informatlon Act {5 U.S.C. 9552) and HUD's
implementing regulations at 24 CfR Part 15. HUe wm use the information in evaluating individual asslslance applicatlons and in perlonning Internal
administrative analyses to aSSist In the management of specific HUe programs. The information will also be used In making the determination under
Section 102(d) whether HUD assistance for a specific housing project is more than is necessary to make the project feasible after taking account of other
govemment assistance. You must provide all the required informaUon. Failure to provide any required Information may delay the processing of your
application, and may result in sanctions and penalties, Including imposition of the administralive and civil money panaItles specified under 24 CFA ~4.3a.
Note: This form only covers assistance made available by the Departmenl States and unils of general local government that carry out responsibilities
under Sectionss 102{b) and (c) of the Reform Act must develop their own procedures for complying with the Act.
Instructions
Overview.
A. COverage. You must complete this report if:
(1) You are applying lor assistance from HUe for a specific project or
activity and you have received, or expect to receive, assistance
from HUe in excess of $200,000 during the during the fiscal year;
{2} You are updating a prior report as discussed below; or
(3) You are submitting an applIcation for assistance to an entity other
than HUD] a Stale or local government if the application is required
by statute or regulation to be submitted to HUD for approval or for
any other purpose.
B. Update reports (flied by "Recipients" of Hue Assistance):
General. All recipients of cove~ assistance must submit update
reports to the Department to refiect substantial changes to the initial
applicant dfsclosure reports.
Line-by-Llne Instructions.
AppilcantJReciplent InformatJon.
All applicants for HUD competitive assistance, must complete the
Information required in blocks 1~5 of fann HUO.28BO:
1. Enter the full name, address, city, State, zip code, and telephone
number (including area code) of the appllcanVrecipienl Where the
applicant/recipient is an IndIvidual, the last name, first name. and
middle initial must be entered.
2. Entry of the applicantlrecipienfs SSN or E1N, as appropriate, is
optional.
3. Applicants enter the HUO program name under which the assistance
is being requested.
4. Applicants entsr the amount of HUe assistance Ihat is being
reques1ed. Recipients enter the amount of HUD assistance that has
been provided and to which 1he update report relates. The amounts
are those stated In the application or award documentation. NOTE; In
the case of assistance that Is provided pursuant to contract over a
period of Ume (such as project~based assistance under section 8 of
the United Slates Housing Act of 1937), the amount of assistance 10
be reported includes all amounts that are to be provided over the term
of the contract, irrespective of when they are 10 be received.
5. Applicants enter the name and full address of the project or activity for
which the HUD assistance Is sought. Reciprents enter the name and
fuU address at the HUD-assisted project or activity to which the update
report relates. The most appropriate government identifying number
must be used (e.g., AFP No.; IFe No.; grant announcement No.; or
contract. grant, or loan No.) lndude prefixes.
Part I. Threshold OetennJnattons. Applicants Only
Part I contains information to help the appUcant determine whether the
remainder of the form must be completed. Recipients filing Update
Reports should not complete this Part.
If the answer to either questions 1 or 2 ts No, the applicant need not
complete Parts Il and Ul of the report, but must sign the certifICation at
the end of the form.
Part II. Other Government Assistance and Expected Sources and
Uses of Funds.
A. Other Government Assistance. This Part is to be completed by both
applicants and recipients for assistance and recipients filing update
reports. Applicants and recipients must report any other government
assistance involved in the project or activity for which assistance is
sought Applicants and recipients must report any other govemment
assistance involved in the project or activity. Other government
assistance is defined in note 4 on the last page. For purposes of this
definition, other government assistance ts expected to be made
available if, based an an assessment of all the circumslances
involved. there are reasonable grounds to anticipate that the
assistance will be forthcoming.
80th appl1cant and recipIent disclosures must Include all other
govemment assistance involved with the HUD assistance, as well as
any other government assistance thal was made available before the
request, but that has conlinuing vitality at the time. of the request.
Examples of this latter category include tax credits that provide for a
number of years of tax benefits, and grant assistance that continues 10
benefit the project at the time of the assistance request.
The following information must be provided:
1. 'Enter the name and address, city, State. and zip code of the
government agency making the assistance available.
2. State the type of other government assistance (e.g., loan, grant.
loan insurance).
3. Enter the dollar amount of the other government assIstance that ts,
or is expected to be, made available with respect 10 the project or
activities for which the Hue assistance is sought (applicants) or
has been provided (recipients).
4. Uses of funds. Each reportable use of funds must clearly identify
the purpose to which they are to be pul Reasonable aggregations
may be used, such as "total structure- to Include a number of
structural costs. such as roof. elevators, exterior masonry, etc. n'....
8. Non.Government Assistance. Note that the applicant and recipient
disclosure report must specify an expected sources and uses of funds
. both Irom HUe and any other source ~ that have been or arele be,
Form HUlJ.2880 (:JI99)
3-6
made available for the project or activity. Non.govemment sources at
funds typically Include (but are not limited to) foundations and private
contnbutors.
Part III. Interested Parties.
This Part is to be completed by both applicants and recipients filing
update reports. Applicants must provide Infannelion on:
1. All developers. contractors, or consuJtants Involved in the application
for the assistance or In the planning, development, or implementation
01 the project or activity and
2. any other person who has a fanancial interest In the project or activity
for which the assistance is sought that exceeds $50,000 or 10 percent
of the asststance (whichever Is lower).
Note: A financial interest means any financiat involvement In the
project ar aclivity, including (but not Umited to) situations in which an
Individual or entity has an equity interest in the project or activity,
shares in any profit on resale or any dIstribution of surplus cash or
other assets of the project or activity, or receives compensation for
any goOds or servIces provided In connection with the project or
activity. Residency of an individualln housing for which assistance is
being sought is not, by itself, considered a covered financial interest
TIle informatlon required below must be provIded.
1. Enter the full names and addresses. If the person is an entity, the
listing must incl.ude the fun name and address of the entity as well as
the CEO. Please list all names alphabetically.
2. Entry of the Social Security Number (SSN) or Employee IdentifICation
Number (EIN), as appropriate, fer each person Ilstad Is optional.
3. Enter the type of particlpation in the project or activity for each person
listed: i.e., the person's specific role in the project (e.g., contractor,
consultant, planner, Investor).
4. Enter the financial Interest in the project or activity for 9ach person
Ifsted. The Interest must be expressed both as a dollar amount and 8$
a percentage of the amount of the HUe assistance involved.
Note that if any of the sourceJuse Information required by this report has
been provided elsewhere in this application package, the applicant need
not repeat the infonnatlon, but need only rafer to the form and location to
incorporate it into this report. (It Is likely that some of the information
required by this report has been provided on SF 424A. and on various
budget forms accompanying the application.) If this report requires
information beyond that provided eisewhere in the application package,
the applicant must include in this report all the additional information
required.
Recipients must submit an update report far any change in previously
disclosed sources and uses af funds as provided in Section ].0:.5., above.
Notes:
1. All citations are tQ 24 CFR Part 4, which was published In the Federal
Register. [April!: 1SS6, at 63 Fed Reg. 14446.]
2. Assistance means any contract, grant, loan, cooperative agreement,
ar other form of assistance, IncludIng the Insurance or guarantee of a
loan or mortgage, that is provided with respect to a specifIC project or
activity under a program admInistered by the Department The tenn
does not include contracts, such as procurements contracts, that are
subject 10 the Fed. Acquisition RegtJlallon (FAA) (48 CFR Chapter 1).
3. See 24 CFR ~4.9 for detailed guidance on how the threshold is
calculated.
4. "Other government assistance" Is defined to include any loan, grant,
guarantee, insurance, payment, rebate, subsidy, credit, tax benefit, or
any other form of direct or Indirect assistance from the Federal
govemment (other _than that requested from HUe in the application). a
State, or a unit of general local government, or any agency or
instrumentality thereof, that is, or Is expected to be mads; available
with respect to the project or activities for which the assistance Is
soughL
5. Far the purpose of this form and 24 CFR Part 4, "person" means an
Individual (including a consultant, lobbyist. or lawyer); corporation;
company; association; authority; linn; partnership; society; State, unit
of generailocal govemment, or other government entity, or agency
thereof (including a public housing agency); Indian tribe; and any other
organization or group of people.
Form HUD-2880 (SIllS)
3-7
Funding Approval/Agreement
Tille I of the Housing and Community
Development Act (Public Law 930383)
HI-00515R of 20515R
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Community Development Block Grant Program
1. N~9 of Grantee (as shown rn item 5 01 Slandaltl Form 424) 3. Grantee's 9-dlgitTax ID Number 4. Dala usa oj funds may begin
City of Chuia Vista, California (mmlddlyyyy)
2. Grantee's Comp~te Address I" shOWll in item 5 01 SIand,," Fom1424) Sa PlOjecllGrant No.1 6a. Amount ApplOYlld
276 Fourth Avenue B-05-MC-06-0540
Chula Vista, CA 91910 5b. ProjecllGranI No. 2 6b. Amount Approved
,
5e. Pmi.clIGrant No, 3 60. Amount Approved
Gnnt Agreement: lltis Gr-tnl Agreemwl between the DcpartmcDl of Hausmg and Urban Development (HUD) and the above named Grnntcc 15 made pursuant to !.be
authority o(Title I of lhe Housing and Community Development Act of 1974, as amended, (42 use 5301 et seq.). The Gnlluec's submissions for Title I assistance. the
HUD regumtioas at 24 CFR Pout 570 (as now in effect and as may be atnetldcd from time to time), and this Funding Approval, including an)' special conditions.
constitute pnn of !he Agreement Subject to 1.he provisions of this Gr:nu Agreement, HUD will make the funding: a:isislZIIlce specified here available to the Grantee upon
execution of Lhe Agreement by the parties. The funding assistance specified in the FllDdiog Approvnl may be used to pay costs incum:d 3iter the date specified in item
4 above provided the activities to wbich such C03lS are related 3I'e carried out in compliance with all appliar.ble rcquircmenls. Pre.agreement costs lIIOJY Dot be paid wilh
funding assistance specified here unless they are authorlz.cd in HUD regulations or :lpproved by waiver and listed jn the special conditions to the Funding Approval.
The Grantee agrees to assume ail of the responsibilities for environmental review, decision making, and acoons. 3$ specified and n:quircd in regulations issued by the
Secretary pursuanllO Scctioa 104(g) otTitle 1 and published in 24 CFR Part 58. The: Grantee further acknowledges its responsibility for adherence to the Agreement by
sub--rttioieDt entiticsto which it makes fundinO' assistance hereunder awilable.
U.S. Dep.rtment 01 HMin9 and Urban Development (By Name) Grantee Name
Nelson R. Bregon City of Chula Vista
TiUe Title
General Deputy Assistan\.$ecre lfY for CPD
s~. lul\d\. If ~ //) , I~ Da r.:J~6 Signature I D.te (mmldd/yyjy)
.C: I
7.Cel!QOIYoITlIIeIAssiSt celortnBF~ AcII a.lpecielCondiUoos 9a. Date HUD R.ceived Submission 10. check one
(ch.d< only one) ''-.... (ch.d<onel (mmlddlyyyy) D..Ori9.Fundillg
o a. EntiUem.nl, See 106(b) o Non. 9b. cate Grantee Notified Approvel
o b. SIaIe-Admin~l.red, See 106(d)(1) !:81 Allached (mmlddlyyyy) 121 b. _ndmelll
o e, HUe-Administered Small Cllles, Seo l06(d){2)(B) 9c. Oateat Slartol Program Year Amendment Number
o d.lndlan CDBG PI1l1Irams. See 106(0)(1) (mmI<!dII"IYYJ
o .. SUIPluo Urban R.newal Fundo, See 112(b) 11. Amount 01 Community Development
o I. Special PuIjlOS8 Grants, See 107 BIccl<Grant FYI I FY( ) FYI )
!:81 g. Lean Guar.ntee, See 108 a. Funds ReseNed for this Grantee
b. Funds now being Approved
0. 7''''''lIon 10 be Cancelled
11. minus llbl
12a. Amount ot Loan Guarantee Commitment now being Approved 12b. Name and complete Address oj Publit Agency
$9,500,000 . N/A
Loan Guarantee AcccplDDce Provisions for Designated Agencies:
The public agency hereby nccepts the Grant Agreemenl c:u:cuted by the
Depaltmcnt of Housing and Urban. Deve.lopmcnl on the above date with
respect to the ;:above grant aumbcr(s) as Grantee designilted to receive 12c. Name of Authorized Official for Designeted Public Agency
loan guarantee mistancc. and agrc:s to comply with the terms and N/A
conditions of the A~ement. applicable regulations. and other nus
requirements of HUD now or hereafter in effcct, pertaining to the
assistance provided it.
.Signature
HUD Accounting use Only ElfecliveOala
Balcl1 TAG Pl1l1Iram Y A Reg An!a Ooc1Jment No. PlOjectNu....' CalBgory Amount (mmlddlyyyy) F
ITIJ m ITJJ q 0 0 CD [[JI] q;g;p [ill I II 10
Amounl
o DJTIJ I I
Y dIItJ Amounl I
0 I
Date Entered PAS (mm1dd/yyjy) D.te Entered LOces (mm1ddlyyyy) Balch Number Transaction Code Entered By lJariliedBy
24 CFR 570 lonn HUO.70B2 (4/93)
3-8
8. Special Conditions.
(a) In the event the public entity fails to submit notes or other obligations for
inspection and guarantee by the Secretary of Housing and Urban Development
(the "Secretary") before September 30, 2007, the c;ommitment will terminate and
expire as of such date.
(b) The repayment schedule for the GuaranteedLoan must be acceptable to the
Secretary.
(c) Pursuant to 24 CPR 570.705(b)(3), the public entity shall provide additional
security for the Guaranteed Loan and such additional security must be acceptable
to the Secretary. The additional security shall be identified in the Contract for
Loan Guarantee Assistance specified by !}570.705(b)(1), which will be executed at
the time the guaranteed obligations are issued.
(d) Prior to submitting notes or other obligations for inspection and guarantee by the
Secr~tary, the public entity shall submit information required under Section
102(b) of the Department of Housing and Urban Development Reform Act of
1989 (42 V.S.C. 3531). This information shall be submitted on Form HUD-2880
to HUD's Los Angeles Field Office.
(e) Any amount of this commitment that is not received by the public entity as an
advance under the Guaranteed Loan by September 30,2012, will be canceled in
compliance with 31 USC 1552(a).
3-9
~~~
~
~~-c....::
- -
CITY COUNCIL MEETING
AGENDA STATEMENT
Item: '-i
Meeting Date: DECEMBER 12,2006
ellY OF
CHUlA VISTA
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROPRIATING $376,700 F.OR FISCAL YEAR 2007 TO
THE ENERGY CONSERVATION FUND FOR THE SAN DIEGO
GAS AND ELECTRIC (SDG&E) ENERGY PARTNERSHIP GRANT
PROGRAM
REVIEWED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING THE 2006 APPROPRIATION TO PROVIDE
ENERGY EFFICIENCY SERVICES FOR COMMERCIAL AND
RESIDENTIAL FACILITIES THROUGH DECEMBER 31, 2006
Director of Conservation & Enviroplflerrtal-S,ervices ~
Environmental ~ource Manager...... h-r;?" j
City Manager d I (4/5ths Vote: Yes..x... No _)
SUBMITTED BY:
On September 19, 2006, the City Council accepted the grant and appropriated funding
for the 2006 calendar year of the SDG&E partnership program to the 2007 fiscal year.
Approval of this $376,700 appropriation for the second calendar year of the grant cycle,
January 1 through December 31, 2007, to the 2007 fiscal year, will enable the City to
continue the partnership with SDG&E, residents and local businesses to reduce the
amount of gas therms and electricity kilowatts consumed by the public - programs that.
complement the City's long-standing commitment to the prevention of global warming
and the environment. Staff is also requesting changes in the 2006 calendar year grant
budget primarily to accommodate finance protocols for reimbursement of staff time to
execute the grant. The total grant provides $2,193,225 over a three-year period ending
in December 31,2008.
Chula Vista is a leader in fostering partnerships that enable the City staff to implement
energy efficiency programs. The second year of grant funding makes it possible for the
City to continue education/outreach and marketing support to reduce the amount of
kilowatts (electricity), therms (gas) and water consumed by customers that are either
not fully participating or not eligible for existing programs. The Grant provides funding
for some additional private sector and City facility savings to encourage their increased
participation. This portion of the 2007 calendar year grant budget provides
Conservation & Environmental Services with approximately $179,000 to implement
residential and commercial public outreach and retrofit programs, and $196,000 for
Community Development to implement model energy design and efficiency projects
with the remaining $196,000. General Services will return to Council in the near future
to appropriate all or part of its 2006 and 2007 calendar year funding ($354,375 per year)
to implement City infrastructure investments.
4-1
Page: 2 of 5
Meeting Date: December 12, 2006
RECOMMENDATION: That the City Council adopt the resolutions: (1) appropriating
$376,700 ($17,410 to Personnel Services, $286,937 Supplies and Services and
$72,353 to Other Expenses) for Fiscal Year 2007 to the energy conservation grant fund
to reimburse the General Fund for staff time associated with implementing the grant;
and (2) amending the Fiscal Year 2007 grant fund budget, adopted previously, by
transferring $25,500 from the Supplies and Services Category to the Other Expenses
category of the energy conservation grant fund.
BOARDS/COMMISSIONS RECOMMENDATION: Staff presented the grant award and
program to the Resource Conservation Commission (RCC) on September 18, 2006,
and the RCC was very supportive of the program.
BACKGROUND:
Public Goods Charges are collected from a monthly utility bill surcharge of
approximately $0.05 per gas therm and $0.006 per electric kilowatt consumed by every
customer in the SDG&E service territory. The Public Goods Charges are used to
implement Public Purpose Programs, including but not limited to residential and
commercial energy efficiency and conservation programs. The October 2004
Memorandum of Understanding between SDG&E and the City provides that SDG&E
involve the City more directly in the development and delivery of $2,000,000 in annual
Public Purpose Programs funded by Public Goods Charges to ensure that Chula Vista
residents and businesses have access to their fair share of Public Goods Programs,
and that future programs meet their needs,
Since the September 2006 calendar year grant appropriation, Conservation &
Environmental Services (CES) staff have gone through training and have begun to visit
Chula Vista businesses, To date, approximately 25 of the 50 businesses CES staff has
visited are taking advantage of free compact fluorescent lamps and at least 15
businesses are arranging for free pre-rinse spray valve installations (Attachment 1).
The pre-rinse spray valve program helps food service facilities reduce energy and water
consumption. The program includes a partnership with the County Water Authority and
its Chula Vista member agencies, which fund approximately $65 towards the spray
valve purchase and installation costs per business. The hourly CES staff funded by the
grant is also working with the Sweetwater High School District to install 21 pre-rinse
spray valves at their facilities this month. CES staff is working with SDG&E and their
subcontractor to install as many as 430 pre-rinse spray valves over the next few
months. Each business is also offered the opportunity to schedule a free no obligation
energy audit.
DISCUSSION:
The City and SDG&E have worked with the California Public Utilities Commission
(CPUC) to directly involve the City in more effectively delivering energy efficiency,
conservation, demand management and alternative energy programs to Chula Vista
residents, businesses and City facilities. SDG&E has submitted a program model to the
CPUC that allows the City to expand its participation in energy efficiency services for
4-2
Page: 3 of 5
Meeting Date: December 12. 2006
targeted residential, mixed-use and small commercial energy consumers, as well as
City facilities. The Grant proposal submitted by SDG&E and approved by the CPUC
establishes four program areas of responsibility:
1. Energy Efficiency Housing Project (small businesses to be added)
2. City Facilities Energy Efficiency and Demonstration Project
3. Peer-to-Peer Energy Education Project
4. Public Outreach Project
1. Small Business. Housino and Mixed Use Enerov Efficiencv Proiect
Conservation & Environmental Services Department (Conservation) will receive up to
$290,000 in funds each calendar year through 2008 to implement this component of the
program. SDG&E submitted this component to the CPUC as a condominium
conversion program. Chula Vista staff and SDG&E have agreed to obtain CPUC
approval to establish a new focus on direct residential and small business services.
This program area has the most specific and strict minimum energy savings
requirements and is tasked with implementing programs that reduce energy
consumption by approximately 3.8 million kilowatt hours by 2008. The Conservation &
Environmental Services Department will utilize the revised 2006 grant calendar year
budget and $94,000 of the 2007 grant calendar year budget to create the energy
savings. Conservation and Environmental Services is working closely with Community
Development to use the remaining $196,000 to target commercial, residential low
income, and mixed-use building projects that provide the best opportunity to:
1) demonstrate the maximum achievable energy conservation and design concepts
being developed by the National Energy Center; 2) reflect the City's environmental
goals; 3) bring added value to residential and commercial electricity ratepayers; and
4) have the best chance of being constructed by December 2008.
In spring of 2007, CES staff will begin its effort to provide compact fluorescents and
energy audits for as many as 1,500 residential dwellings over the next two years.
During those visits, CES staff will also promote grass roots participation in the backyard
habitat initiative (Nature Scape), tree planting (urban heat island effect), water
conservation and other community-based environmental initiatives by other City
departments.
A significant portion of the $290,000 in funding for this program component is dedicated
funding for incentive payments and services to buy down the cost of direct assistance to
residential and commercial facilities. Like the 2006 calendar year budget, the proposed
2007 grant calendar year budget provides funding for hourly personnel to facilitate
greater participation in targeted residential and small business energy efficiency
programs. Just as approved by Council in September of this year, the personnel for this
component would be temporary and are not planned to continue beyond the term of this
grant or future grant cycles. The 2007 grant calendar year budget aiso funds a
representative portion of City staff time used to manage the program, approximately
$72,000. Together these funds can be used to complement but not duplicate a number
4-3
Page: 4 of 5
Meeting Date: December 12. 2006
. of valuable CPUC/SDG&E funded incentives that will produce net monthly savings for a
number of targeted commercial and residential facilities in a very short period of time.
The success of this component is critical to the success of the entire grant and future
CPUC funding for Chula Vista. With adequate resources, staffs success will make a
strong statement to the CPUC that Chula Vista continL,tes to be a performance and
policy leader in the region, and that the City is the key to bringing substantial added
value to local ratepayers and SDG&E/CPUC Public Purpose Programs. That level of
success for this component will almost guarantee that there is some level of local
control to ensure that Chula Vista businesses, residents and City facilities receive their
fair share of these valuable incentives and services in the future.
2. City Facilities Enerqv Efficiencv Proiect
General Services plans to submit their recommended program design and appropriation
to Council in the near future for up to $354,375 in grant funding for each of the 2006 and
2007 calendar years.
3. & 4. Peer-to-Peer Enerqv Education & Public Outreach Proiects
This appropriation provides Conservation and Environmental Services with $86,700 in
grant funds for the 2007 calendar year to implement this component of the program.
The grant also provides another calendar year funding for 2008. According to SDG&E,
South Bay cities have continually expressed their desire to participate in energy
efficiency programs available from SDG&E. SDG&E also reports that competing
priorities have not allowed South Bay cities staff to dedicate adequate time or resources
to developing the institutional expertise needed to pursue energy retrofit projects. The
Peer-to-Peer Project would provide information, technical assistance and support to
access existing CPUC and SDG&E incentives and help agencies develop their own
Energy Action Plans in preparation for future funding opportunities. The goal of the
Peer-to-Peer project will include at least two targeted workshops for decision-makers
and project management staff, and a mentoring program with their Chula Vista
counterparts in General Services, Conservation and other departments. Conservation
also plans to use the trained hourly project personnel to help South Bay Cities market
SDG&E incentives for some of their targeted business retention programs and assist
with the expansion of local residential programs like the compact fluorescent and
torchiere lamp distribution programs. Conservation has made an initial contact with
South Bay cities and hopes to build on future successes by including other Chula
Vista/South Bay agencies over the grant term.
The Public Outreach Component of the Grant focuses on marketing residential
programs to eligible residents in Chula Vista that are not subscribing to the programs.
The CPUC/SDG&E portfolio of residential programs provides a variety of valuable
programs that can help reduce energy consumption, lower monthly energy costs and
contribute significantly to Chula Vista's commitment to the prevention of Global
Warming and related environmental goals. The funds for these programs come from
ratepayers, and Chula Vista ratepayers are not taking full advantage of that opportunity.
Conservation will also dedicate some hourly personnel resources to providing technical
4-4
Page: 5 of 5
Meeting Date: December 12. 2006
assistance to help potential participants access services. This component will also
identify and record. the barriers to participation to make recommendations for future
program modifications that foster greater participation. The personnel for this project
component are hourly and are not planned to continue beyond the term of this grant or
future cycles.
Public Purpose Charges are an investment that can be managed to help reduce energy
consumption, lower ratepayers' monthly energy costs, produce a local and regional
economic development advantage and contribute significantly to Chula Vista's long
standing commitment to the environmental and public health objectives. Broad
adoption and consistent implementation of energy conservation and efficiency
measures are a critical complement to an effective transition from fossil fuels to
renewable energy. Energy conservation and efficiency can reduce the demand for
energy, generated with fossil fuel sources, and thus reduce the C02, other green house
gases and particulates that contribute to global warming, asthma and other public health
and environmental impacts.
The Energy Efficiency and Outreach Program grant provides $2,193,225 in funding to
recover costs for developing and implementing the program from January 1, 2006
through December 31, 2008. SDG&E submitted and received grant approval from the
CPUC for their regional program based on the general program areas described above.
Staff is submitting the proposed appropriation for the 2007 grant calendar year and
amendment for the 2006 grant calendar year program budget for Council's review and
approval. If Council approves staff recommendation, CES staff will: 1) begin to
implement the 2007 grant objectives in January; and 2) make the necessary budget
adjustments to accommodate staff time reimbursements for grant management and
SDG&E's assistance with a spray valve installation contractor. Additionally, CES staff
would return to Council in late 2007 to appropriate funding for the 2008 grant calendar
year. The Grant allows the City to request funding quarterly, in advance, or by
reimbursement. CES staff is working with the Finance Department and SDG&E to
review the process and pursue advance payment.
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 under the California Code of Regulations Section 18704.2(a)(1) is not applicable
to this decision.
FISCAL IMPACTS: The City Council's approval of staffs recommendation will require
an appropriation of grant funds to the SDG&E Energy Partnership Program in the
amount of $376,700. The grant provides for $72,353 to offset existing General Fund
staff costs associated with implementing the grant in Conservation & Environmental
Services ($46,250) and Community Development ($26,103). The grant is also
projected to produce energy savings for City facilities that will phase in over the grant
term, and continue beyond the agreement. General Services will present estimates of
those savings in their report.
4-5
A TT AC H-,vlI,!,r(r
FREE Pre-Rinse Spray Valves!
Brought to you from The City of Chula Vista &SDG&E@
Replace your old, inefficient commercial kitchen sprayers with new pre-rinse
spray valves compliments of the City of Chula Vista and SDG&E",
LIMITED TIME OFFER!
:,..,@.,.,
.":";'-" "":"'"
.IiL. '.
W
Call 619-409-3893 or email Conservation@ci.chula-vista.ca.us to get your FREE pre-rinse
spray valves today. Hurry, this offer is available through March 31, 2007 or.while supplies last.
These high-velocity, high-efficiency spray valves can help your business save up to $1,050 per
year in water, energy and sewer costs (see chart below). And best of all, you can get as many as your business needs
at NO COST TO YOU-sprayer and installation included. In addition, you will receive a free preliminary energy
survey to identify other potential energy savings and rebate opportunities in your business.
Savings Estimates
Hours of ~pray
Valve Usage
Water/Waste
Water Savillgs
gallons/day
60 gallons
120 gallons
180 gallons
1 hour/day
2 hours/day
3 hours/day
Gas
Savings
therms/day
0,5 therms
1.0 therms
1.5 therms
Annual
Dollar Savings
$300 - $350
$600 - $700
$900 - $1050
Did you know?
SDG&E's Small Business Super Saver can help your business upgrade to newer, more energy-efficient equipment.
With larger rebates, you may be able to make upgrades with little or no-cost to you. Qualifying customers may also
pay for upgrades through their SDG&E bilL Visit www.sdge.comjsbsupersaver for more details on available rebates.
~-
CITY OF I Departmen.t of conservation.
(HULA VISTA & En.vlron.men.tal Services
C''OG~
,,;), fE
A ~ Sempra Energy utility-
The City of Chula Vista and SDG&E energy-effidency
partnership program is funded by California utility
customers and administered by SDG&E uncler the
auspices of the California Public Utilities Commission.
Serving you today.
Planning for- tomorrow. no
4-6
(l 2006 San DleQa Gas ~ Electrl~ Companv. Trademarks are property af tlleir r~peclive owner;.;\1I riqhls reserved. Some malerials used wilh permissior\.
06d0163 1006
iLlaves rocia,doraspara
preenjuagad()G~4TIS~
Cortesfa de la ciudad de Chuta Vista y SDG&E@
Reemplace sus viejas e ineficientes rociadoras para cocinas comerciales por nuevas
lIaves rociadoras para preenjuagado cortes fa de la ciudad de Chula Vista y SDG&E@.
tIt-..
iOFERTA POR TlEMPO UM!TADO!
Llame al 619-409-3893 0 escriba a Conservatlon@ci.chula-vlsta.ca.us para obtener sus !laves roci-
adoras para preenjuagado GRATIS hoy mismo. Apresurese, esta oferta esta disponible hasta e131
de marzo de 2007 0 hasta agotar existencias.
Estas !laves rociadoras de alta velocidad yalta eficiencia pueden ayudarle a su negocio a ahorrar hasta $1,050 al alio en
costos de agua, energia y servicio de drenaje (ver cuadro de abajo). Y 10 mejor de todo: puede obtener tantas lIaves como
necesite su negocio SIN COSTO PARA USTED-!lave rociadora e instalaci6n incluidas. Ademas, recibira una encuesta
preliminar sobre energia para detectar otros posibles ahorros de energia y oportunidades de reembolso en su negocio.
Ahorros estimados
Horas dellso de
lIave rodadora
Ahorro en agua!
aguas residllales
galones/dfa
60 galones
120 galones
180 galones
1 hora!dfa
2 hora!dfa
3 hora!dfa
Ahorro
de gas
termias/dfa
0.5 termias
1.0 termias
1.5 termias
Ahorros anllales
ell efectivo
$300 - $350
$600- $700
$900 - $1050
LSabls listed que?
El programa Super ahorros para empresas pequeiias de SDG&E puede ayudarle a su negocio a hacer mejoras por
equipo mas nuevo y con mayor eficiencia en energia. Con reembolsos mayores, podra realizar mejoras a un costo
reducido 0 sin costa para usted. Los clientes que reunan los requisitos pueden tambien pagar las mejoras a traves
de su factura de SDG&E. Visite www.sdge.com/sbsupersaver para conocer mas detalles sobre reembolsos disponibles.
~w?-
-11-
- --
-~ -
I Department of conservatlon
& Envlronmental Services
CITY OF
(HULA VISTA
Los program.a5 de reembolso de SDG&E son financiados
por los dientes de las compailias de servicios publicos de
California y administrad05 por SDG&E bajo 105 auspicos
de la Comisi6n de Servioos Pubiicos de California. Este
programa esta disponible para los participantes que reunan
10s requisitos y se procesaran las solicitudes en estricto orden
de recepcion hasta que se ago ten 105 fondos del programa
SDG&E SI! deslinda de toda responsabilidad por bienes 0
servicios que seleccione usted 0 un proveedor. Este programa
esta sujetc a cambios 0 a la cancelacion sin previo aviso.
4-7
SDll;
A ~ Sempra Energy utility-
Atendiendale hay.
Planificando para el manana.
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING $376,000 FOR FISCAL
YEAR 2007 TO THE ENERGY CONSERVATION FUND FOR
THE SAN DIEGO GAS & ELECTRIC (SDG&E) ENERGY
PARTNERSHIP GRANT PROGRAM
WHEREAS, on September 19, 2006, the City Council accepted the grant for the San
Diego Gas & Electric (SDG&E) Partnership Program and appropriated funding for the 2006
calendar year of the SDG&E Partnership Program to the 2007 fiscal year; and
WHEREAS, approval of this $376,000 appropriation for the second calendar year of the
grant cycle, January I through December 31, 2007, also to the 2007 fiscal year will enable the
City to continue the partnership with SDG&E, residents and local businesses to reduce the
amount of gas therms and electricity kilowatts consumed by the public; and
WHEREAS, the second year of grant funding makes it possible for the City to continue
education/outreach and marketing support to reduce the amount of kilowatts (electricity), therms
(gas) and water consumed by customers that are either not fully participating or not eligible for
existing programs; and
WHEREAS, the grant provides funding for some additional private sector and City
facility savings to encourage their increased participation; and
WHEREAS, Conservation & Environmental Services will implement residential and
commercial public outreach and retrofit programs with approximately an additional $ I 79,000;
and
WHEREAS, Community Development will implement model energy design and
efficiency projects with the remaining $196,000; and
WHEREAS, General Services will return to Council in the near future to appropriate all
or part of its annual funding ($354,375) to implement City infrastructure investments as part of
the City Facilities Energy Efficiency Project; and
WHEREAS, staff is recommending that Council adopt this resolution appropriating
$376,000, with $17,410 going to Personnel Services, $286,937 going to Supplies and Services,
and $72,353 going to Other Expenses for reimbursing the general fund for staff time associated
with implementing the grant.
4-8
Resolution No.
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista appropriates $376,000 for Fiscal Year 2007 to the Energy Conservation Fund for the
SDG&E Partnership Grant Program.
Presented by
Approved as to form by
Michael Meacham
Director of Conservation &
Conservation Services
J:\AltomeyIRESOIFINANCE\Appropriulion funds. Energy Conservation Fund (12-12-06)-JDSM R.:dline (CLEAN COPY).doc
4-9
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE 2006 APPROPRIA nON TO
PROVIDE ENERGY EFFICIENCY SERVICES FOR
COMMERCIAL AND RESIDENTIAL FACILITIES THROUGH
DECEMBER 31, 2008
WHEREAS, on September 19, 2006, the City Council accepted the grant for the San
Diego Gas & Electric (SDG&E) Partnership Program and appropriated funding for the 2006
calendar year of the SDG&E Partnership Program to the 2007 fiscal year; and
WHEREAS, the total grant provides $2,193,225 over a three-year period ending
December 31,2008; and
WHEREAS, staff is recommending that Council amend the Fiscal Year 2007 Grant Fund
budget adopted previously by transferring $25,500 from the Supplies and Services category to
the Other Expenses category to accommodate finance protocols for reimbursement of staff time
to execute the grant.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby amend the 2006 appropriation to the Grant Fund budget by transferring
$25,500 from the Supplies & Services to the Other Expenses category to provide energy
efficiency services for commercial and residential facilities through December 31,2008.
Presented by
Approved as to form by
~" .
ti l1i~~jf21 J-/uf!}
An oore ,/ I
lty Attorney U
Michael Meacham
Director of Conservation &
Conservation Services
J:lAllom<:y\RESQIF1NANCE\Amcnd FY06 appropriation - energy em:_}' srvcs (lZ-12-06)-JDSM Rcdlinc (CLEAN COPY).doe
4-10
COUNCIL AGENDA STATEMENT
/
Item
Meeting Date 12/12/06
ITEM TITLE:
Ordinance increasing the Speed Limit on Olympic Parkway between 1-
805 northbound ramps and Brandywine Avenue from 35 mph to 45 mph.
SUBMITTED BY:
Director of Engineering'tlJ ;f.
Interim City Manager~
(4/Sths Vote: Yes_ NoX)
REVIEWED BY:
With the recent completion of roadway improvements on Olympic Parkway near I-80S, an
Engineering and Traffic Survey (commonly referred to as a "speed survey") was done for the
segment of roadway between the northbound I-80S on/off ramps and Brandywine Avenue. Based on
the results of this speed survey, and pursuant to the authority under Chula Vista Municipal Code
Section 10.48.020, City staffhas determined that the speed limit on Olympic Parkway between I-80S
northbound ramps and Brandywine Avenue should be increased from 35 mph to 45 mph.
RECOMMENDATION:
That Council adopt the Ordinance increasing the speed limit on Olympic Parkway between I-80S
northbound ramps and Brandywine Avenue.
BOARDS AND COMMISSIONS: The Safety Commission, at their meeting of May 11, 2006,
voted to concur with staffs recommendation to increase the posted speed limit from 35 mph to 45
mph.
DISCUSSION:
Over the past six years, improvements to the Orange A venue/Olympic Parkway interchange with 1-
805 have been underway. The project widened Olympic Parkway east of the northbound I-80S on
and off ramps. Because this represents a significant change in the roadway, City staff was required
to conduct an Engineering Traffic Survey, commonly referred to as a "speed survey", to determine
the appropriate speed limit for the new roadway configuration.
Prior to construction ofthe recently completed improvements, Olympic Parkway, immediately east
ofl-805, was predominantly a two-lane roadway. Speed limits were posted, based on supporting
speed surveys, for 35 mph from I-80S to Brandywine Avenue. With the new roadway
improvements, Olympic Parkway is now a six-lane roadway from I-80S east, past Brandywine
A venue. It is this significant change in roadway characteristics that resulted in the need for a revised
speed survey to be completed along Olympic Parkway.
The speed survey conducted for the new ly widened segment of Olympic Parkway was performed in
accordance with the California Vehicle Code which indicates that the posting of speed limits be
5-1
T
Page 2, Item '5
Meeting Date 12/12/06
determined by an Engineering and Traffic Survey which shall include: (l) prevailing speeds as
determined by traffic engineering measurements; (2) accident records; and (3) traffic/roadside
conditions not readily apparent to the driver. The Manual on Uniform Traffic Control Devices (2003
MUTCD) gives additional guidance, stating that speed limits should be established at the nearest 5
mph increment to the 85th percentile speed (defined as the speed.which 85 percent of the traffic is
moving at, or slower than) unless engineering judgment recommends otherwise based on roadway
characteristic factors. According to the MUTCD, speed limits set higher than the 85th percentile
speed are not generally considered reasonable and safe and limits below the 85th percentile do not
facilitate the orderly movement of traffic. Speed limits established on the 85th percentile basis
conform to the consensus ofthose who drive the street as to what speed is reasonable and safe, and
are not dependent on the judgment of one or a few individuals. Only when roadside development
results in traffic conflicts and/or unusual conditions that may not be readily apparent to drivers may
speed limits be posted below the 85th percentile speed.
Early in the Engineering and Traffic Survey process it was determined that the limits ofthe previous
speed survey covering this stretch of road needed to be modified in accordance with the new
roadway configuration. Previous surveys analyzed Olympic Parkway/Orange Avenue in this area
from Melrose Avenue to Oleander Avenue and from Oleander Avenue to Brandywine, assigning a
speed limit to each segment. Now that Olympic Parkway widens to six lanes at the northbound 1-805
ramps, the survey boundaries should be modified to allow for a different speed limit, starting at the
northbound ramps, to accommodate the new six lane configuration. This boundary adjustment can
be seen in the data collected for the Engineering and Traffic Survey as summarized in the following
table:
Segment Limits I-80S Northbound Ramps - Brandywine Avenue
Lenl'th/Width 0.45 mi. /98' curb to curb
Classification 6 lane orime
ADT Ma;:) 47,861 (2006)
Exist. Soeed Limit 35 mph
8S'h% Sneed 47 moh
Number of Lanes 6 lanes (3 oer direction)
Strininl! 3 lanes & bike lane in each direction
On-Street Parkin!> Not allowed
Land Use Mostly residential area.
Horizontal Alignment Horizontal curve with a radius 2000 ft accommodating a design
soeed IITeater than 50 moh
Vertical Alignment A sag vertical curve w/ a grade change from -7.00% to -1.30% in
390' alon!! the centerline accommodatin!! a design soeed of 45 moho
Accident Rate: 1.06/2.16 (per million vehicle miles)
Segment / State Average
Special Conditions Bike lane in both directions. No direct driveway access.
5-2
Page 3, Item "5
Meeting Date 12/12/06
On May II, 2006, this speed survey was brought before the Traffic Safety Commission for their
consideration. The Traffic Safety Commission approved staffs recommendation to increase the
speed limit on Olympic Parkway from 1-805 northbound ramps to Brandywine Avenue from 35 mph
to 45 mph. In addition, the Commission approved the recommendation to modify the survey's
westerly boundary from Oleander to the 1-805 northbound ramps and that Schedule X ofthe register
maintained in the office of City Engineer be revised to include this revised speed limit.
A resident who lives on Rivera Street adjacent to Olympic Parkway raised a concern that the
increased speed that vehicles would be traveling at would result in an increase in the noise generated
by the vehicle traffic. An acoustical assessment report was prepared in July of2000 as part of the
Mitigated Negative Declaration (MND) for the Olympic Parkway widening project. That report
modeled future noise from the roadway based on an anticipated speed of 50 mph at the ultimate six-
lane configuration. The mitigation measures for the street widening project, included noise walls
that are designed based on that speed and road configuration. These walls were constructed as part
of the widening project. No additional measures relating to noise were required by the MND.
Based on the low accident rate, the design speed as outlined in the Engineering/Traffic Survey, and
roadway characteristics, staff recommends modifying the survey's westerly boundary from Oleander
Avenue to the 1-805 Northbound ramps and increasing the existing speed limit of35 mph to 45 mph.
Staff also recommends that Schedule X ofthe register maintained in the office of the City Engineer
be revised as follows:
10.48.020 Schedule X - Established Speed Limits in Certain Zones - Designated
Name of Street Beginning At Ending At Proposed Speed Limit
Olympic Parkway 1-805 Northbound Brandywine Ave 45 mph
ramps
With the approval of the proposed speed limit increase, staff would make the recommended changes
to the speed survey boundary and Schedule X as discussed in the report and supported by the Safety
Commission.
ENVIRONMENTAL STATEMENT:
The Environmental Review Coordinator has reviewed the proposed project for compliance with the
California Environmental Quality Act (CEQA) and has determined that the project (increasing the
speed limit from 35 mph to 45 mph) qualifies for a Class I categorical exemption pursuant to
Section 15301 (c) (Existing Facilities) of the State CEQA Guidelines because it involves the on-going
operation of an existing facility. 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.
5-3
Page 4, Item S
Meeting Date 12/12/06
FISCAL IMPACT:
The cost to replace existing speed limit signs and pavement legends is approximately $5,000.00.
This cost estimate includes sandblasting the existing pavement legends - work that cannot be done
by City crews. City crews will do the installation of the new speed limit signs and the pavement
legends as part of the Signing and Striping CIP project TF-332 (Gas Tax).
Attachments:
1. Location Plat
2. Speed Survey
3. Traffic Safety Commission Minutes of May II, 2006
J:\EngineerlAGENDA ICAS2006112-12-06101ympic Parkway Speed. doc
5-4
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ATTACHMENT 2..
SPEED LIMIT - ENGINEERING/TRAFFIC SURVEY
STREET: Olympic Parkwav
LIMITS: I-80S Northbound Ramps - Brandvwine Avenue
Length of Segment (ft): 2.387' ft (.45 miles)
Existing Posted Limit (mph): 35 mph
ROADWAY CHARACTERISTICS
Width (ft): 98' ft curb to curb with 4' ft- 14'ft raised median
Total No. of Lanes: 6 lanes (3 per direction) with left turn pockets and bike lanes on both directions.
Horizontal Alignment: R= 2000' ft
Vertical Alignment: A sag vertical curve with grade difference of -7.00% to -1.30% over
a length of 390' ft along centerline (design s-peed of 45 mph)
TRAFFlC CHARACTERISTICS
Average Daily Traffic: 47.861 (2006)
On-Street Parking: Not allowed.
Special Conditions: Bike lanes on both sides ofroadwav. No direct drivewav
access in this roadwav segment.
Accident History: The accident rate at this segment is 0.721 accidents per million vehicle miles.
This rate is lower than the statewide accident rate of 2.16 for the same roadwav
type in California.
SUMMARY OF SPEED SURVEYS
Segment: I-80S Northbound Ramps - BrandYWine Avenue
Date Taken: 04/14/06
No. of Vehicles on Sample (cars): 100
85th Percentile (mph): 47 mph
Range of Speeds Recorded (niph): 32 - 53m-ph
SURVEY RESULTS
Study was Prepared by: Gilberto Urbina
Date: 04/14/06
Recommendation: Change the existing speed
limit to 45 mph
Date Recommendation Approved:
By: Francisco X. Rivera
App-roved Speed Limit (mph): 45 mph
Per CVC 40803, Survey Expires: 04/14/2013
d'--
5-6
CITY OF CHULA VISTA - VEHICLE SPEED SURVEY
SEGMENT UNDER STUDY: OLYMPIC PARKWAY (OLEANDER AV - BRANDYWINE AV)
DATE: 04/14/2006 SURVEy SITE: EB - 200' W OF CONCORD WY/ WB - 300' E OF CONCORD WY
POSTED SPEED: 35 MPH TIME START 9:10 AM TIME END 9:35 AM WEATHER Clear
DIRECTION: EB -0 WB =\
MPH 5 10 15 20 TOTAl % CUM%
65
64
63
62 .
61
60
59
58
57
56
55
54
53 \ . 1 1 100
52 0 \ \ 3 3 99
51 \ 1 1 96
50 \ \ 2 2 95
49 0 \ \ \ 4 4 93
48 0 0 \ \ 4 4 89
47 0 0 0 0 0 5 5 85
46 0 0 0 0 0 0 \ 7 7 80
45 0 0 0 0 0 \ 6 6 73
44 0 0 0 0 0 0 \ \ 8 8 67
43 0 0 0 0 0 \ \ 7 7 59
42 0 0 0 \ \ \ 6 6 52
41 0 0 \ \ \ \ 6 6 46
40 0 0 0 \ \ \ \ \ 8 8 40
39 0 0 0 \ \ \ 6 6 32
38 0 0 0 0 \ \ \ \ 8 8 26
37 0 0 \ \ \ \ 6 6 18
36 0 0 \ \ \ 5 5 12
35 \ \ \ 3 3 7
34 \ \ 2 2 4
33 \ 1 1 2
32 \ 1 1 1
31
RECORDER: GILBERTO URBINA TOTAL NUMBER OF VEHICLES: 100
H:\HOME\ENGINEER\TRAFFIC\Speed_Surveys\OL YMPIC (Oleander - Brandywine).xls
5-7
ATTACHMENT
j
Safety Commission Minutes
Mav 11, 2006
Pace 2
Commission Discussion: Chair White asked what was different between April's Meeting and this present
meeting, and also why the recommendation to do bike lanes was not in the report. Senior Civii Engineer
Moneda replied that action regarding bike lanes is directly related to the number of lanes, which needs to be
decided on by the Commission before anything can be implemented.
Public hearing opened.
The following persons spoke in oppOSition to staff's recommendation: (favored all-way stop)
1) Albert Servin, 1319 Raven Avenue
2) Ron Garcia, 1349 Raven Avenue
3) Harvey Currey, 1325 Raven Avenue
4) Bill Odle, 1211 Raven Avenue
5) Gifford Justice, 1343 Raven Avenue
6) Ed Dulude, 1336 Raven Avenue
7) Fernando Felix, 449 Sparrow Street
a. Unable to attend meeting, but sent an email through Ms. Walters that was added in as part
of meeting. Also favored all-way stop.
8) 23 Phone Calls were also received by City Staff, the majority of which were also in favor of the all-
way stop installation.
(spoke at last month's meeting)
(spoke at last month's meeting)
(spoke at last month's meeting)
(spoke at last month's meeting)
Public hearing closed.
Commission Discussion: Vice-Chair A1-Ghafry mentioned the fact that an improperly installed stop sign can
give a false sense of security. It can actually go so far as to increase speeds, once cars are through stop
sign, so as to make up for lost time. He did however say that City staff did a great job, and supported staffs
recommendation Commissioner Rosario stated that he was in favor of all-way stop installation.
Commissioner Perrett was also in favor of all-way stop, however held some misgivings about lane changes
and striping. He and Commissioner Gave were in favor of all-way stop the previous Commission Meeting as
well.
MSC (White/Rosario) to approve all-way stop installation (5-1-1) A1-Ghafry (no); Willett absent.
7. Report on Speed Limit Revision on Olvmpic Parkway between the 1-805 Northbound ramps and
Brandvwine Avenue.
Brief presentation by Principal Civil Engineer Rivera. Due to the recent completion of the roadway
improvements on Olympic Parkway, staff completed an Engineering and Traffic survey for this segment.
Based on the results of this speed survey and pursuant to the authority under the Chula Vista Municipai Code
Section 10.48.020, city staff has detemnined that the speed limit on Olympic Parkway between 1-805
Northbound ramps and Brandywine Avenue should be Increased from 35 mph to 45 mph.
Staff Recommendation: That Safety Commission concur with staffs recommendation to recommend to
Council to modify the survey's westerly boundary from Oleander Avenue to the 1-805 Northbound ramps, to
increase the existing speed limit of 35 mph to 45mph, and that Schedule X of the register maintained in the
office of the City Engineer be revised to include this revised speed limit.
Public hearing opened.
The following person spoke in opposition to staffs recommendation:
1) Richard Allshouse, 640 Rivera Street
Public hearing closed.
Commission Discussion: Vice-Chair A1-Ghafry stated that if you do not post the speed at the 85'" percentile,
it becomes a speed trap due to the inability by police to enforce it. Some discussion of noise ievels, as
mentioned by pubiic speaker, however, with lack of expert on regulations, discussion was nothing more than
conjecture.
5-8
Safety Commission Minutes
Mav 11. 2006
Pace 3
MSC (White/A1-Ghafry) to concur with staff's recommendation. (6-0-1) Willett absent.
8. A11-Wav Stop at the Intersection of Emerson Street and Del Mar Avenue
Brief presentation by Senior Civil Engineer Moneda. City Staff received a request from Sandra Sato Ii . gat
224 Emerson Street concerning excessive speeding along Emerson Street and requested an all- y stop
installation along Emerson Street to inhibit the fast fiow of traffic. Mer reviewing the location staff d ided that
the intersection at Del Mar Avenue would be the most viable location for an all-way stop install on. Staff is
forwarding this report to the Safety Commission for consideration. Staff also mentioned that th received no
calls on this item,.
Commission Discussion: With lack of public support, as shown by zero attendance for ublic hearing to be
held, it was simply mentioned that volumes are almost identical between Emerson nd Del Mar, and the
Raven Avenue item, however, they are worlds apart in terms of community outcry. Li e discussion based on
this.
March 2006
MSC (Gove/Rosario) to accept staff's recommendation (6-Q-1) Willett absen .
9. Traffic En ineerin CIP Pro'ect U
10. Traffic Accident Summary
No one from the Police Departm t as in attendance, which Ch White took great notice of. Felt it was
essential to have Police presenc 0 form Commission of Tr IC Accident information, and noted the
appropriate people about in e Pol e Department.
11. Action Summa U Staff Comments
October 13. 2005
. Speed Establishment at Rutgers Avenue-
speed establishment. It is scheduled to go to
mmission concurred with staff's recommended 35mph
ouncll on June 13, 2006:
March g, 2006
. Speed Establishment at Stone Gate eet - Commission concurred with staffs recommended 35mph
speed establishment, and work has b en completed.
. Left & U-Turn Restriction @ Ea J Street & Carla Avenue - Commission concurred with staff's
recommended prohibition ofU-tu s and left turns during peak school hours. No further status is available
at this time.
. Bay Blvd Parking Restri on (E Street to F Street) - Commission concurred with staff's
recommendation to restrict rking to allow for bike lanes. This item will be taken to Council on June 20"',
2006.
12. Potential Safe
.
Proposed Traffic Ignal at the Intersection of Second Avenue and Quintard Street.
Proposed AlI-W y Stop at First Avenue & Keamy Street - CONTINUED -
Automated Tr. ffic Signal Enforcement in the City of Chula Vista (Red Light Camera Program)
.
.
OTHER BUSINESS
n of Chair and Vice-Chair for FY06-07
MS hite/Gove} to table elections until next meeting/full quorum (4-Q-3) Willett absent; AI-
G afry/Perrettleft early.
5-9
Safety Commission Minutes
Mav 11.2006
Paoe 4
14. Commissioner Comments: None.
ADJOURNMENT AT 7:39 P.M. to the next regularly scheduled meeting of June 8, 2006.
Respectfully submitted,
.~ uJaJiw;
LindseyWalters, Recording Secretary
J:IEngineerISAFETY\200610511 06_MiN .doc
5-10
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ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA INCREASING THE SPEED LIMIT
ON OLYMPIC PARKWAY BETWEEN 1-805
NORTHBOUND RAMPS AND BARNDYWINDE
AVENUE FROM 35 MPH TO 45 MPH
WHEREAS, based on the provisions of the California Vehicle Code and pursuant
to authority under the Chula Vista Municipal Code, the City Engineer has determined that
the speed limit on Olympic Parkway between I-80S northbound ramps and Brandywine
Avenue be increased from 35 mph to 45 mph; and
WHEREAS, the prevailing speeds, accident history, roadway design
characteristics and land use justify a 45 mph posted speed limit; and
WHEREAS, the Engineering and Traffic Survey was prepared pursuant to all
provisions of the California Vehicle Code and the Manual on Uniform Traffic Control
Devices; and
WHEREAS, due to the recent completion of the roadway improvements on
Olympic Parkway near I-80S, the roadway configuration has changed from a two lanes
divided roadway to a six lane divided roadway; therefore, staff recommend to modify
existing westerly survey boundary from Oleander Avenue to Brandywine Avenue to
reflect uniform roadway characteristics; and
WHEREAS, this recommendation and other information in the City Engineer's
report has been fully considered by the City Council; and
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby
ordain as follows:
SECTION I: The speed limit on Olympic Parkway between I-80S northbound ramps
and Brandywine Avenue is hereby increased to 45 mph.
SECTION II: Schedule X of a Register of Schedules maintained by the City Engineer as
provided in Section 10.48.020 of the Chula Vista Municipal Code, "Established Speed
Limits in Certain Zones-Designated," is hereby amended to include the following
information:
Chula Vista Municipal Code Section 10.48.020 - Schedule X
Established Speed Limits in Certain Zones
Name of Street Beginning At Ending At Proposed Speed Limit
Olympic Parkway I-80S Northbound Brandywine 45 mph
Ramps Avenue
5-11
T
SECTION III: This ordinance shall take effect and be in full force on the thirtieth day
from and after its adoption.
Presented by
Approved as to form by
Scott Tulloch
Director of Engineering
Ann Moore
City Attorney
H :\ENGINEER\Ordinances\Ord2006\12~ 12"()6\Ordinance _Olympic PkwL Speed Est.doc
5-12
~
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA INCREASING THE SPEED LIMIT ON
OLYMPIC PARKWAY BETWEEN 1-805 NORTHBOUND
RAMPS AND BRANDYWINE AVENUE FROM 35 MPH
TO 45 MPH
WHEREAS, based on the provisions of the California Vehicle Code and pursuant
to authority under the Chula Vista Municipal Code, the City Engineer has deternlined that
the speed limit on Olympic Parkway between I-80S northbound ramps and Brandywine
Avenue should be increased from 35 mph to 45 mph; and
WHEREAS, the prevailing speeds, accident history, roadway design
characteristics and land use justify a 45 mph posted speed limit; and
WHEREAS, the Engineering and Traffic Survey was prepared pursuant to all
provisions of the California Vehicle Code and the Manual on Uniform Traffic Control
Devices; and
WHEREAS, due to the recent completion of the roadway improvements on
Olympic Parkway near I-80S, the roadway configuration has changed from a two lane
divided roadway to a six lane divided roadway; and
WHEREAS, this recommendation and other information in the City Engineer's
report has been fully considered by the City Council; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act (CEQA) and has
determined that the project (increasing the speed limit from 35 mph to 45 mph) qualifies
for a Class 1 categorical exemption pursuant to Section 15301(c) (Existing Facilities) of
the State CEQA Guidelines because it involves the ongoing operation of an existing
facility; thus, no further environmental review is needed.
NOW, THEREFORE, the City Council of the City of Chula Vista ordains as
follows:
SECTION I: The speed limit on Olympic Parkway between I-80S northbound ramps
and Brandywine Avenue is increased to 45 mph.
SECTION II: Schedule X of a Register of Schedules maintained by the City Engineer as
provided in Section 10.48.020 of the Chula Vista Municipal Code, "Established Speed
Limits in Certain Zones-Designated," is amended to include the following information:
5-:-13
Ordinance No.
Page 2
Chula Vista Municipal Code Section 10.48.020 - Schedule X I
Established Soeed Limits in Certain Zones I
Name of Street Beginning At Ending At Proposed Speed Limit
Olympic Parkway I-80S Northbound Brandywine 45 mph
Ramps Avenue
SECTION III: This ordinance shall take effect and be in full force on the thirtieth day
from and after its adoption.
Presented by
Approved as to form by
, 1;7 - 1 /l
~ () A/(., -0 _"'to-
Scott Tulloch
Director of Engineering
Ann Moore
City Attomey
H;\ENGIN EER\Ordinances\Ord2006\1 2-12-06\Ordinance_ Olympic Pkwy _Speed Est.doc
5-14
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COUNCIL AGENDA STATEMENT
/
Item ' /
Meeting Date: 12/12/06
ITEM TITLE:
Resolution approving the Final Map and associated agreements for
Chula Vista Tract No. 01-11, Otay Ranch Village II, Neighborhood R-18;
authorizing the Mayor to execute the agreements; acknowledging the
irrevocable offer of dedication offee interest granted on said map; accepting
on behalf of the City ofChula Vista the various public easements as granted
on said map; and vacating certain unneeded easements.
SUBMITTED BY:
Director of Enginyering -to ((
11 "-,,,,?
Interim City MalIJ.ager "\
(4/Sths Vote: Yes_NolO
REVIEWED BY:
Tonight, City Council will consider the approval of a Final Map and associated agreements for
Neighborhood R -18, a subdi vision of Otay Ranch Village II. Neighborhood R -18 will consist of a
112-unit residential condominium lot and one open space lot.
RECOMMENDATION:
That Council adopt the Resolution approving the Final Map and other associated agreements for
Chula Vista Tract No. 01-11, Otay Ranch Village II, Neighborhood R-18, acknowledging the
irrevocable offer of dedication of fee interest granted on said map and accepting on behalf of the City
of Chula Vista the various public easements as granted on said map.
BOARD/COMMISSIONS RECOMMENDATIONS: N/ A
DISCUSSION:
Otay Ranch Village II, with the marketing name of "Windingwalk," is generally located south of
Olympic Parkway, east of Eastlake Parkway and north of Hunte Parkway (see Attachment A). The
tentative map (Chula Vista Tract No. 01-11) was approved on October 23, 2001 by Resolution 200 1-
364. Neighborhood R-18, within Village II, is located south of Windingwalk Street, north of
Crossroads Street and east of Discovery Falls Drive (see Attachment B). The developer is Shea
Homes Limited Partnership.
The Final Map for Neighborhood R-18 and the associated agreements (see Exhibits 1-2) are now
before Council for consideration and approval.
Approval of the Final Map also constitutes acceptance of various public easements within the
subdivision including easements for the installation and maintenance of public sewers, perimeter
walls, landscape buffers and sidewalk.
The Final Map
The Final Map subdivides one existing parcel into one lot for 112 residential condominiums units
and one open space lot.
6-1
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Page 2, Item ltJ
Meeting Date 12/12/06
The Project's Homeowners' Association (HOA) will maintain all private improvements including the
streets and storm drains with the exception of the eight inch sewer mains within Lot I of said
subdivision.
Open Space Lot and Easement Vacations
The Village II HOA will maintain open space Lot "A". A pedestrian access easement through
the Lot "A" is being dedicated on the Map. The Map will also vacate and abandoned several
easements that are no longer needed or are being replaced.
Subdivision and Supplemental Subdivision Improvement Agreements (SIA & SSIA)
The SIA and SSIA for the Final Map outline the developer's requirements to construct the internal
subdivision improvements, including public sewer, and subdivision survey monumentation and to
comply with the development conditions for the project. The developer has complied with the
Municipal Code as it relates to bonding for subdivision improvements and survey monumentation.
Town Square Park
The original Tentative Map Conditions (No. 124) called for the one-acre Town Square Park to be
constructed prior to issuance of the 300th building permit within Phase Two of the Village II
Project. Due to a redesign of the Town Square / Community Purpose Facility site, the SSIA for the
final map revises this condition to require the developer to post a bond for the completion of the
Town Square and to complete the site by July 2007, or to the satisfaction of the Director of Planning
and Building and the Director of General Services. A bond in the amount of $416,000 has been
posted. Once the site plan has been finalized, the developer will bring an amended Tentative Map
and SPA plan before Council for their approval.
Parks
All required PAD fees have been collected for this Final Map.
ENVIRONMENTAL REVIEW: The Environmental Review Coordinator has reviewed the
proposed project for compliance with the California Environmental Quality Act and has determined
that the Final Map was adequately covered in previously adopted Final Second Tier EIR (EIR 01-
02), for the Otay Ranch General Plan AmendmentsIVillage II Sectional Planning Area Plan, and
Conceptual Tentative Map. Thus, no further environmental review or documentation is necessary.
DECISION MAKER CONFLICTS: Staff has reviewed the property holdings of the City
Council and has found no such holdings within 500' of the boundaries of the property that is the
subject of this action.
FISCAL IMP ACT: None to the General Fund. All staff costs associated with processing of the
improvement plans, final maps and associated agreements have been reimbursed from the
developer's deposits.
Attachments:
A. Plat for Otay Ranch Village II,
B. Plat for Otay Ranch Village 11, Neighborhood R-18
C. Developer's Disclosure Statement
Exhibits:
1. Subdivision Improvement Agreement
2. Supplemental Subdivision
Improvement Agreement
(J :\EngineerIAgenda\CAS2006\12.12-06\CAS R-18.doc)
(12/0512006: 2:46 PM; mji)
6-2
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RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FINAL MAP AND
ASSOCIATED AGREEMENTS FOR CHULA VISTA TRACT NO.
01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-18;
AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENTS; ACKNOWLEDGING THE. IRREVOCABLE
OFFER OF DEDICATION OF FEE INTEREST GRANTED ON
SAID MAP; ACCEPTING ON BEHALF OF THE CITY OF CHULA
VISTA THE VARIOUS PUBLIC EASEMENTS AS GRANTED ON
SAID MAP; AND VACATING CERTAIN UNNEEDED
EASEMENTS
WHEREAS, Shea Homes Limited Partnership (the developer) has submitted a final
condominium map for Otay Ranch Village 11, Neighborhood R-18 with a maximum of
112 units; and
WHEREAS, the developer has executed a Subdivision Improvement Agreement to install
public facilities (Sewer) associated with the project; and
WHEREAS, the developer has executed a Supplemental Subdivision Improvement
Agreement to satisfy remaining conditions of City Council Resolution No. 2001-364; and
WHEREAS, the blanket Pedestrian Access Easement being vacated is being replaced by
a new Pedestrian Access Easement within Open Space Lot "A" and is no longer needed, it will
be vacated and abandoned; and
WHEREAS, the portion of the Landscape Buffer Easement being vacated is no longer
needed due to driveway improvements.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby finds that certain map survey entitled Chula Vista Tract 01-11, Otay Ranch Village
11 Neighborhoods R -18 is made in the manner and form prescribed by law and conforms to the
surrounding surveys; and that said map and subdivision of land shown thereon is hereby
approved and accepted. The map is more particularly described as follows:
Being A Subdivision of Lot 8 ofChula Vista Tract No. 01-11 Otay Ranch Village 11 "A"
Map No.3, According To Map Thereof No. 15233, filed in the office of the County Recorder on
December 28, 2005, in the City of Chula Vista, County of San Diego, State of California.
Area: 9.142 Acres
Numbered Lots: 1
Open Space Lots: 1
No. of Lots: 2
Lettered Lots: 1
BE IT FURTHER RESOLVED that the City Council hereby acknowledges and rejects
pursuant to Section 66477.2 of the Subdivision Map Act and on behalf of the City ofChula Vista
the Irrevocable Offer of Dedication of Fee Interest in Lot "A" for open space and other public
purposes all as shown on Otay Ranch Village 11 Neighborhoods R-18 within said subdivision.
6-3
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Resolution
Page 2
BE IT FURTHER RESOLVED that the City Council hereby approves the vacation and
abandonment of the Blanket Pedestrian Access Easement and a portion of the Landscape Buffer
Easement granted per Map 15233 pursuant to Section 66434(g) of the Subdivision Map Act.
BE IT FURTHER RESOLVED that the City of Chula Vista hereby accept the various
easements all as shown on the Map.
BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is bereby
authorized and directed to endorse upon the map the action of the City Council; that the Council
has approved said subdivision map, and that the Irrevocable Offer of Dedication of Fee Interest
of Lot "A" for open space and other public purposes is acknowledged on behalf of the City of
Chula Vista.
BE IT FURTHER RESOL VED that the certain Subdivision Improvement Agreement and
Supplemental Subdivision Improvement Agreement for tbe project, copies of whicb are on tile in
the office of the City Clerk, are bereby approved.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said
map to the Clerk of the Board of Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is bereby
authorized and directed to execute said agreements for and on behalf of the City of Chula Vista.
Presented by
Approved as to form by
Scott Tulloch
Director of Engineering
H:\ENGINEER\RESOS\Resos2006\12-12-06\R-18 Map Reso.doc
(H:\ENGINEER\RESOS\Resas2006\ 12-] 2-06\R-18 Mop Resodac)
6-4
~
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROY AL BY
THE CITY COUNCIL
Dated:
il110 0
Subdivision Improvement Agreement
between the City of Chula Vista and
Shea Homes Limited Partnership for
Final Subdivision Map for
Otay Ranch Village 11, Neighborhood R-18
(CVT 01-11)
6-5
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Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
~
TillS AGREEMENT, made and entered into this 2.7 day of A/f)V~l1/kt 2006, by and
between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City",
and SHEA HOMES LIMITED PARTNERSillP, a California Limited Partnership, referred to
herein as "Subdivider", "Developer" or "Owner", with reference to the facts set forth below,
which Recitals constitute a part of this Agreement;
RECITALS:
WHEREAS, Subdivider is about to present to the City Council of the City ofChula Vista
for approval and recordation, a fmal subdivision map of a proposed subdivision, to be known as
OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-18 (CVT 01-11) pursuant to the
provisions of the Subdivision Map Act of the State of California, and in compliance with the
provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and
recordation of subdivision map; and
WHEREAS, the Code provides that before said map is fmally approved by the Council of
the City of Chula Vista, Subdivider must have either installed and completed all of the
improvements and/or land development work required by the Code to be installed in
subdivisions before final maps of subdivisions are approved by the Council for purpose of
recording in the Office of the County Recorder of San Diego County, or, as an alternative
thereto, Subdivider shall enter into an agreement with City, secured by an approved
improvement security to insure the performance of said work pursuant to the requirements of
Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at
Subdivider's OWTI expense, all of the improvements and/or land development work required in
said subdivision within a definite period of time prescribed by said Council; and
WHEREAS, Subdivider is willing in consideration of the approval and recordation of
said map by the Council, to enter into this agreement wherein it is provided that Subdivider will
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install and complete, at Subdivider's own expense, all the improvement work required by City in
connection with the proposed subdivision and will deliver to City improvement securities as
approved by the City Attorney; and
WHEREAS, a tentative map of said subdivision has her~tofore been approved, subject to
certain requirements and conditions, as contained in Resolution No. 2001-364, approved on the
23rd day of October, 2001 and revised on May 27, 2003 by Resolution 2003-231 ("Tentative
Map Resolution"); and
WHEREAS, complete plans and specifications for the construction, installation and
completion of said improvement work have been prepared and submitted to the City Engineer as
identified under permit number B06-01l0 & R-630I
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an obligation the burden of which
encumbers and runs with the land, agrees to comply with all of the terms, conditions and
requirements of the Tentative Map Resolution; to do and perform or cause to be done and
performed, at its own expense, without cost to City, in a good and workmanlike manner, under
the direction and to the satisfaction and approval of the City Engineer, all of the improvement
and/or land development work required to be done in and adjoining said subdivision, including
the improvements described in the above Recitals ("Improvement Work"); and will furnish the
necessary materials therefore, all in strict conformity and in accordance with the plans and
specifications, which documents have heretofore been filed in the Office of the City Engineer
and as described in the above Recitals this reference are incorporated herein and made a part
hereof.
2. It is expressly understood and agreed that all monuments have been or will be
installed within thirty (30) days after the completion and acceptance of the Improvement Work,
and that Subdivider has installed or will install temporary street name signs if permanent street
name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will cause all necessary
materials to be furnished and all Improvement Work required under the provisions of this
contract to be done on or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform said Improvement Work as
set forth hereinabove, or that portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to the issuance of any certificate of
clearance for utility connections for said buildings or structures in said subdivision, and such
certificate shall not be issued until the City Engineer has certified in writing the completion of
said improvements or the portion thereof serving said building or structures approved by the
City; provided, however, that the improvement security shall not be required to cover the
provisions of this paragraph.
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5. It is expressly understood and agreed to by Subdivider that, in the performance of said
Improvement Work, Subdivider will conform to and abide by all of the provisions of the
ordinances of the City of Chula Vista, and the laws of the State of California applicable to said
work.
6. Subdivider further agrees to furnish and deliver' to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of ONE
HUNDRED AND TWENTY THOUSAND DOLLARS AND 00 CENTS ($120,000.00) which
security shall guarantee the faithful performance of this contract by Subdivider as shown in
Exhibit" A" and which security is attached hereto, and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the City of Chula Vista
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of ONE
HUNDRED AND TWENTY THOUSAND DOLLARS AND 00 CENTS ($120,000.00) to
secure the payment of material and labor in connection with the installation of said public
improvements, as shown in Exhibit "A", and which security is attached hereto, and made a part
hereof.
8. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of TWO
THOUSAND DOLLARS AND NO CENTS ($2,000.00) to secure the installation of
monuments, as shown in Exhibit "A" and which security is attached hereto, and made a part
hereof.
9. It is further agreed that if the Improvement Work is not completed within the time
agreed herein, the sums provided by said improvement securities may be used by City for the
completion of the Improvement Work within said subdivision in accordance with such
specifications herein contained or referred, or at the option of the City, as are approved by the
City Council at the time of engaging the work to be performed. Upon certification of completion
by the City Engineer and acceptance of said work by City, and after certification by the Director
of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required
for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the
terms of the improvement security. Subdivider agrees to pay to the City any difference between
the total costs incurred to perform the work, including design and administration of construction
(including a reasonable allocation of overhead), and any proceeds from the improvement
security .
10. It is also expressly agreed and understood by the parties hereto that in no case will
the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be
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11122/2006
Municipal Code.
11. It is further understood and agreed by Subdivider that any engineering costs
(including plan checking, inspection, materials furnished and other incidental expenses) incurred
by City in connection with the approval of the Improvement. Work plans and installation of
Improvement Work hereinabove provided for, and the cost of street signs and street trees as
required by City and approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money
sufficient to cover said cost.
12. It is understood and agreed that until such time as all Improvement Work is fully
completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer lines within the proposed
subdivision. It is further understood and agreed that Subdivider shall guarantee all
improvements for a period of one year from date of [mal acceptance and correct any and all
defects or deficiencies arising during said period as a result of the acts or omission of Subdivider,
its agents or employees in the performance of this agreement, and that upon acceptance of the
work by City, Subdivider shall grant to City, by appropriate conveyance, the improvements
constructed pursuant to this agreement; provided, however, that said acceptance shall not
constitute a waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, as indemnitee, or any officer or employee
thereof, shall not be liable for any injury to person or property occasioned by reason of the acts
or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement.
Subdivider further agrees to protect and hold the City, its officers and employees, harmless from
any and all claims, demands, causes of action, liability or loss of any sort, because of or arising
out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this
agreement; provided, however, that the approved improvement security shall not be required to
cover the provisions of this paragraph. Such indemnification and agreement to hold harmless
shall extend to damages to adjacent or downstream properties or the taking of property from
owners of such adjacent or downstream properties as a result of the construction of said
subdivision and the improvements as provided herein. It shall also extend to damages resulting
from diversion of waters, change in the volume of flow, modification of the velocity of the
water, erosion or siltation, or the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of plans providing for any or
all of these conditions shall not constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of
the subdivision pursuant to said approved improvement plans. The provisions of this paragraph
shall become effective upon the execution of this agreement and shall remain in full force and
effect for ten (10) years following the acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents,
officers, and employees from any claim, action, or proceeding against the City or its agents,
officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory
agency, appeal board, or legislative body concerning a subdivision, which action is brought
within the time period provided for in Section 66499.37 of the Government Code of the State of
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California.
15. Assignability. Upon request of the Subdivider, any or all on-site duties and
obligations set forth herein may be assigned to Subdivider's successor in interest if the City
Manager in his/her sole discretion determines that such an assignment will not adversely affect
the City's interest. The City Manager in his/her sole discretion may, if such assignment is
requested, permit a substitution of securities by the successor in interest in place and stead of the
original securities described herein so long as such substituted securities meet the criteria for
security as set forth elsewhere in this Agreement. Such assignment will be in a form approved
by the City Attorney.
[NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES]
(C:\Documents and Settings\chrislilLocal Settings\Temporary Internet FiIes\OLK6B\SIA R-18 .doc)
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[pAGE ONE OF TWO SIGNATURE PAGES TO THE SUBDIVISION IMPROVEMENT
AGREEMENT FOR OTA Y RANCH VILLAGE ELEVEN, NEIGHBORHOOD R-IS,
CHULA VISTA TRACT NO. 01-11]
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA
Stephen C. Padilla
Mayor of the City of Chula Vista
ATTEST
City Clerk
Approved as to form by
Ann Moore
City Attorney
[NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES]
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[PAGE TWO OF TWO SIGNATURE PAGES TO THE SUBDIVISION IMPROVEMENT
AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, NEIGHBORHOOD R-17
CHULA VISTA TRACT NO. 01-11]
DEVELOPERS/OWNERS:
SHEA HOMES LIMITED PARTNERSHIP, a California Limited Partnership, its Sole Member
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authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
Place Notary Seal Above
OPTIONAL
Though the information below is not required by taw, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
o Individual
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Signer's Name:
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RIGHT THUMBPRINT
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Signer Is Representing:
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~ 2004 National Notary Association' 9350 De Solo Ave., P.O. 80ll 2402 . Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827
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EXHIBIT "A"
LIST OF SECURITIES
CVWONo. Description Bond $ Bonding Company Bond
illrawinl! #) Name number
$120,000
1 06407 Site Improvements (Sewer) Faithful Performance International Fidelity 0433637
$120,000 Insurance Company
Material & Labor
2 Per Map Monumentation $2,000 International Fidelity
Insurance Company
3
4
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+
RECORDING REQUEST BY:
City Clerk
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Above Space for Recorder's Use
OR-633F
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR OT A Y RANCH VILLAGE ELEVEN,
CHULA VISTA TRACT NO. 01-11
R-18 - B MAP
(Conditions 1-5, 8,13-17,22,27,35,45,48-51, 56b, 60, 69, 78, 84, 89, 92-94, 96, 114, 116, 118,
121-122,124,137,139,144-151,158,172-177,180-181, 183-184, 189-190, 193-200,202-203 of
Resolution 2001-364)
~s Supplemental Subdivision Improvement Agreement ("Agreement") is made this
'A 7 day of }/4U"I ~ ,2006, by and between THE CITY OF CHULA VISTA, California
("City") and the signatories to this Agreement, SHEA HOMES LINlITED PARTNERSHIP, a
California Limited Partnership ("Developer" or "Owner"), with reference to the facts set forth
below, which recitals constitute a part of this Agreement:
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista,
California, more particularly described on Exhibit "A" attached hereto and incorporated herein by
this reference ("Property"). The Property is Phase ill of approved Tentative Subdivision Map Chula
Vista Tract 01-11 Otay Ranch Village Eleven, commonly known as Windingwalk. For purposes of
this Agreement the term "Project" shall also mean "Property".
B. "Owner" or "Developer" means the person, persons or entity having a legal or an
equitable interest in the property or parts thereof and includes Owner's successors-in-interest and
assigns of any property within the boundaries of the Property.
C. Developer and/or Developer's predecessor in interest has applied for and the City
has approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 01-11
("Tentative Subdivision Map" or "Tentative Map") for the subdivision of the Property.
D. The City has adopted Resolution No. 2001-364 ("Resolution") pursuant to which it
has approved the Tentative Subdivision Map subject to certain Conditions of Approval
("Conditions") as more particularly described in the Resolution.
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E. Developer has requested the approval of a Final "B" Map for the Project ("Final
Map"). Certain Conditions of the Tentative Subdivision Map require Developer to enter into an
agreement with the City prior to approval of the Final Map for the Project.
F. City is willing, on the premise, security, terms and conditions herein contained to
approve the Final Map for which Developer has applied and Developer has agreed to the terms and
conditions set forth herein. :
G. All the terms of the Supplemental Subdivision Improvement Agreement for Otay
Ranch Village II, "A" Map No. l.adopted by Resolution 2003-075, the Supplemental Subdivision
Improvement Agreement for Otay Ranch Village Eleven "A" Map No.2, approved by Resolution
2004-107, and the Supplemental Subdivision Improvement Agreement for Otay Ranch Village
Eleven "A" Map No.3, approved by Resolution 2005-401 remain in full force and effect.
H. The following defined terms shall have the meaning set forth herein, unless
otherwise specifically indicated:
a. "Complete Construction" shall mean that the construction of the
improvements have been completed and have been inspected and accepted by the City.
b. "Guest Builder" means those entities obtaining any interest in the Property or
a portion of the Property, after the Final Map has been recorded.
c. "SPA Plan" means the Otay Ranch Village Eleven Sectional Planning Area
Plan as adopted by the City Council on October 17, 2001 pursuant to Resolution No. 2001-
363.
d. "PFFP" means the Otay Ranch Village Eleven Public Facilities Financing
Plan adopted by Resolution No. 2001-363, and as may be further amended from time to
time.
e. "FSEIR 01-02" means Final Subsequent Environmental Impact Report and
its attendant Addendum for the Otay Ranch General Development Plan
AmendmentsNillage Eleven Sectional Area Plan and Conceptual Tentative Map.
f. "Improvements " means all the onsite and offsite improvements required to
serve the lots created by the Final Map, in accordance with improvement plans to be
approved by the City. Said improvements shall include, but not limited to, asphalt concrete
pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed and potable water
utilities, drainage facilities, street lights, signage, landscaping, irrigation, fencing and fire
hydrants.
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as set forth below.
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1.
Agreement Applicable to Subsequent Owners.
a. Agreement Binding Upon Successors. This Agreement shall be binding
upon and inure to the benefit of the successors, assigns and interests of the parties as to any
or all of the Property as described on Exhibit" A" until released by the mutual consent of the
parties.
b. Agreement Runs with the Land. The burden of the covenants contained in
this Agreement ("Burden") is for the benefit of the Property and the City, its successors and
assigns and any successor in interest thereto. City is deemed the beneficiary of such
covenants for and in its own right and for the purposes of protecting the interest of the
community and other parties public or private, in whose favor and for whose benefit of such
covenants running with the land have been provided without regard to whether City has
been, remained or are owners of any particular land or interest therein. If such covenants
are breached, the City shall have the right to exercise all rights and remedies and to maintain
any actions or suits at law or in equity or other proper proceedings to enforce the curing of
such breach to which it or any other beneficiaries of this agreement and the covenants may
be entitled.
c. Developer Release on Guest Builder Assignments. If Developer assigns
any portion of the Project to a Guest Builder, Developer may request to be released from
Developer's obligations under this Agreement, that are expressly assumed by the Guest
Builder, provided Developer obtains the prior written consent of the City to such release.
Such assignment to the Guest Builder shall, however, be subject to this Agreement and the
Burden of this Agreement shall remain a covenant running with the land. The City shall not
withhold its consent to any such request for a release so long as the assignee acknowledges
that the Burden of the Agreement runs with the land, assumes the obligations of the
Developer under this Agreement, and demonstrates, to the satisfaction of the City, its ability
to perform its obligations under this Agreement as it relates to the portion of the Project
which is being acquired by the Assignee.
d. Partial Release of Developer's Assignees. If Developer assigns any
portion of the Project subject to the Burden of this Agreement, upon request by the
Developer or its assignee, the City shall release the assignee of the Burden of this
Agreement as to such assigned portion if such portion has complied with the requirements
of this Agreement to the satisfaction of the City and such partial release will not, in the
opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be
completed.
e. Release of Individual Lots. Upon the occurrence of any of the following
events, Developer shall, upon receipt of the prior written consent of the City Manager (or
Manager's designee), have the right to release any lot(s) from Developer's obligation under
this Agreement:
i. The execution of a purchase agreement for the sale of a residential
lot to a buyer of an individual housing unit;
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11.
m.
school district;
The conveyance of a lot to a Homeowner's Association;
The conveyance of a school site as identified in the SPA Plan to a
The City shall not withhold its consent to such release so long as the City finds in good faith that
such release will not jeopardize the City's assurance that the obligations set forth in this Agreement
will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall
execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or
Manager's designee), which confirms the release of such lot or parcel from the encumbrance of this
Agreement.
Notwithstanding the foregoing, at the close of an individual homeowner's escrow on any lot or
parcel encumbered by this Agreement, such lot or parcel shall be automatically released from the
encumbrance hereof.
2. Condition No.l- (Agreement to all terms, covenants and conditions). In
satisfaction of Condition No. I of the Resolution, Developer agrees to all of the terms, covenants
and conditions contained herein; Developer further agrees that said terms, covenants and conditions
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.
3. Condition No.2 - (Requirements and guidelines). In satisfaction of Condition
No.2 of the Resolution, Developer agrees to comply with all requirements and guidelines of the
City of Chula Vista General Plan; the City's Growth Management Ordinance; Chula Vista
Landscape Manual, Chula Design Plan; Otay Ranch General Development Plan, Otay Ranch
Resource Management Plan, Phase I and Phase 2; Ranch Wide Affordable Housing Plan; Otay
Ranch Overall Design Plan; FSEIR # 01-02; Otay Ranch Village Eleven Sectional Planning Area
(SPA) Plan and supporting documents including: Village Eleven Public Facilities Finance Plan;
Village Eleven Parks, Recreation, Open Space and Trails Plan; Village Eleven SPA Affordable
Housing Plan and the Non-Renewable Energy Conservation Plan as amended from time to time,
unless specifically modified by the appropriate department head, with the approval of the City
Manager. These plans may be subject to minor modifications by the appropriate department head,
with the approval of the City Manager, however, any material modifications shall be subject to
approval by the City Council.
4. Condition No.3 c (City's Right to Revoke or Modify Approvals). In satisfaction
of Condition No.3 of the Resolution, 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
pennits, 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 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.
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5. Condition No.4 - (Hold City Harmless). In satisfaction of Condition No.4 of
the Resolution, Developer agrees to indemnify, protect, defend and hold the City hannless from and
against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to
the Environmental Impact Report and subsequent environmental review for the Project and any or
all entitlements and approvals issued by the City in connection with the Project.
6. Condition No.5 - (Comply with SPA Conditions). In satisfaction of Condition
No.5 of the Resolution, the Developer agrees to comply with all applicable Village Eleven SPA
conditions of approval, (pCM 99-15) as may be amended from time to time. Developer further
agrees as follows:
a. To implement the final Otay Ranch Village Eleven Air Quality
Improvement Plan (AQIP) approved measures and include the measures as part of the
Project. The Developer further:
i. Agrees to comply and remain in compliance with the AQIP;
ii. Waives any claim that adoption of the final AQIP constitutes an
improper subsequent imposition of the condition;
iii. Acknowledges that the City Council may, from time-to-time,
modify air quality improvement and energy conservation measures related to new
development as various technologies and/or programs change or become
available; and
iv. Agrees prior to or concurrent with each Final Map for the Project
to modify the AQIP to incorporate those new measures, which are in effect at the
time. Developer further acknowledges that the new measures shall apply, as
applicable, to development within all future final map areas, but shall not be
retroactive to those areas which receive final map approval prior to effect of the
subject new measures.
b. To implement the fmal Otay Ranch Village Eleven Water Conservation
Plan (WCP) approved measures and include the measures as part of the Project. The
Developer further:
1. Agrees to comply and remain in compliance with the WCP;
ii. Waives any claim that the adoption of a final WCP constitutes an
improper subsequent imposition of the condition;
iii. Acknowledges that the City Council may, from time-to-time,
modify water conservation measures related to new development as various
technologies and/or programs change or become available; and
iv. Agrees prior to or concurrent with each final map for the Project to
modify the WCP to incorporate those new measures, which are in effect at the
time. Developer further acknowledges that the new measures shall apply to
development within all future fmal map areas, but shall not be retroactive to those
areas which received final map approval prior to effect of the subject measures.
7. Condition No. 8 - (Agreements). In satisfaction of Condition No. 8 of the
Resolution, the Developer agrees to the terms, conditions and time limits associated with this
tentative map which shall be consistent with the Land Offer Agreement approved by Resolution
No. 2000-116 by the City Council on April I!, 2000 ("Land Offer Agreement") and as amended
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on August 7, 2001. The Developer and City of Chula Vista hereby agree to comply with the
provisions of the Land Offer Agreement and all Amendments thereto, and to remain in
compliance with the entire Land Offer Agreement and Amendments for the life of the
Agreement. Prior to the first Final Map for the Project, Applicant shall convey all land in a
martner consistent with and in accordance with the Land Offer Agreement.
8. Condition No. 13 - (Environmental). In satisfaction of Condition No. 13 of the
Resolution, Developer hereby agrees, to implement, to the satisfaction of the Director of
Planning and Building, all environmental impact mitigation measures identified in Final EIR 01-
02 (SCH#2001031120), the candidate CEQA Findings and Mitigation Monitoring and Reporting
Program (Final EIR 01-02) for this Project.
9. Condition No. 14 - (Other Agencies). In satisfaction of Condition No. 14 of the
Resolution, Developer hereby agrees to comply with all applicable requirements of the California
Department of Fish and Game, the California State Water Resources Quality Control Board, the
U.S. Fish and Wildlife Service and the U.S. Army Corps of Engineers. Prior to any activity that
may potentially impact biological resources, such as clearing and grubbing, the Developer agrees
to comply with all applicable requirements prescribed in the Otay Ranch GDPNillage Eleven
Environmental Impact Report EIR 01-02 (SCH#2001031120), and Mitigation Monitoring and
Reporting Program.
10. Condition No. 15 - (U.S. Fish and WildlifelFish and Game). In satisfaction of
Condition No. 15 of the Resolution, Developer hereby agrees, to comply with the Project's take
permit/authorization from the U.S. Fish and Wildlife Service and California Department ofFish
and Game, and comply with the City of Chula Vista Multiple Species Conservation Program
(MSCP) Subarea Plan.
11. Condition No. 16 - (RMP). In satisfaction of Condition No. 16 of the
Resolution, Developer hereby agrees that prior to the approval of each Final "B" Map Developer
shall comply with all requirements and policies of the Otay Ranch Resource Management Plan
(RMP) as approved by City Council on October 28, 1993, and Otay Ranch, Phase 2 Resource
Management Plan (RMP2) as approved by City Council on June 4, 1996, and as may be amended
from time to time by the City.
12. Condition No. 17 - (preserve Conveyance Schedule). In satisfaction of
Condition No. 17 of the Resolution, Developer hereby agrees to comply with the requirements
and policies of the Otay Ranch Resource Management Plan "Preserve Conveyance Schedule" as
approved by City Council on June 4, 1996, as may be amended from time to time.
13. Condition No. 22- (preserve Management Plan). In satisfaction of Condition
No. 22 of the Resolution, Developer hereby agrees to convey fee title, or upon the consent of the
Preserve Owner/Manager (POM) and any lien holder, an easement restricting use of the land to
those permitted by the Otay Ranch Resource Management Plan (RMP), to the POM upon the
recordation of each [mal map for an amount of land equal to the [mal map's obligation to convey
land to the Preserve. Where an easement is conveyed, the Applicant shall be required to provide
subordination of any prior lien holders in order to ensure that the POM has a first priority interest
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in such land. Where consent and subordination cannot be obtained, the Applicant shall convey
fee title. Where fee title or an easement is conveyed, access to the satisfaction of the POM shall
also be conveyed, and each tentative map shall be subject to a condition that the Applicant shall
execute a maintenance agreement with the POM stating that it is the responsibility of the
Applicant to maintain the conveyed parcel until the Habitat Maintenance District has generated
sufficient revenues to enable the POM to assume maintenance responsibilities. Where an
easement is granted, each tentative map is subject to a condition that fee title shall be granted
upon demand by the POM. The Applicant shall irrevocably offer for dedication to the City or its
designee, fee title, upon the recordation of each [mal map for an amount of land equal to the [mal
map's obligation to convey land to the Preserve. The Applicant shall maintain and manage the
conveyed parcel until the Preserve Community Facilities District (CFD) has generated sufficient
revenues to enable the POM to assume maintenance and management responsibilities.
14. Condition No. 27 - (Multi-Family). In satisfaction of Condition No. 27 of the
Resolution, Developer agrees that the subsequent development of a multi-family lot which does
not require the filing of a Final "BOO Map shall meet, prior to issuance of a building permit for that
lot, all the applicable conditions of approval of the tentative map, as determined by the City
Engineer.
15. Conditions No. 35 - (PFFP). In satisfaction of Condition No. 35 of the
Resolution, Developer agrees to install public facilities in accordance with the Otay Ranch
Village Eleven SPA, Public Facilities Finance Plan (PFFP) as may be amended from time to time
or as required by the City Engineer to meet threshold standards adopted by the City of Chula
Vista. Developer acknowledge that the City Engineer and Director of Planning and Building
may, at their discretion, modify the sequence, schedule, alignment and design of improvement
construction should conditions change to warrant such a revision.
16. Condition No. 45 - (PFDIF). In satisfaction of Condition No. 45 of the
Resolution, Developer agrees to participate in the funding of revisions of the Public Facilities
Development Impact Fee (PFDIF) Program, which shall be prepared by the City, as directed and
requested by the City Manager or his designee and subject to the approval of the City Council
and Developer will receive appropriate credit for such participation.
17. Condition No. 48 - (Fire). In partial satisfaction of Condition No. 48 of the
Resolution, Developer agrees to comply with the Fire Department's codes and policies for Fire
Prevention, as may be amended from time to time. Developer further agrees that prior to the
issuance of any building perrnit(s) for the Project, or prior to delivery of combustible materials on
any construction site on the Project, whichever comes first, to provide, to the satisfaction of the
Fire Marshal, the following items:
a. Water supply consisting of fire hydrants as approved and indicated by the Fire
Department during plan check to the satisfaction of the Fire Department. Any temporary
water supply source is subject to prior approval by the Fire Marshal; and
b. Emergency vehicle access consisting of a minimum first layer of hard asphalt
surface or concrete surface, with a minimum standard width of 20 feet; and
c. Street signs installed to the satisfaction of the Director of Public Works.
Temporary street signs shall be subject to the approval of the Director of Public Works and
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Fire Marshall. Locations and identification of temporary street signs shall be subject to
review and approval by the Director of Public Works and Fire Marshall. Developer shall
install a lighted directory at every entrance to the project.
18. Condition No. 49 - (Construction Timing). In satisfaction of Condition No. 49
of the Resolution, Developer agrees to obtain the approval of the City's Fire Marshal for the
timing of construction of all internal streets in the Project. .
19. Condition No. 50 - (Fire Hydrants). In satisfaction of Condition No. 50 of the
Resolution, Developer agrees that in addition to those fire hydrants depicted on the tentative
map, the Developer shall install additional fire hydrants upon request and to the satisfaction of
the Fire Marshall.
20. Condition No. 51 - (Turnaround). In satisfaction of Condition No. 51 of the
Resolution, Developer agrees to construct a temporary turnaround or street improvements, upon
the request of and as determined necessary by the City Engineer and Fire Marshal, at the end of
temporarily stubbed streets greater than 150 ft. in length (as measured from the nearest street
centerline intersection).
21. Condition Nos. 56b and 179 - (No Protest BRT/LRT Assessment Formation).
In partial satisfaction of Condition Nos. 56 and 179 of the Resolution, Developer agrees to not
protest the formation of any future regional benefit assessment district to finance the MTDB San
Diego Trolley BRT or LRT System.
22. Condition No. 60 - (private water in public street). In satisfaction of Condition
No. 60 of the Resolution, Developer agrees to not install privately owned water, reclaimed water,
or other utilities crossing any public street. Developer further acknowledges and agrees that the
installation of sleeves for future construction of privately owned facilities may be allowed subject
to the review and approval of the City Engineer if the following is accomplished:
a. The Developer enters into an agreement with the City where the Developer
agrees to the following:
i. Apply for an encroachment permit for installation of the private facilities
within the public right-of-way; and,
ii. Maintain membership in an advance notice such as the USA Dig Alert
Service; and,
iii. Mark out any private facilities owned by the Developer whenever work
is performed in the area; and,
iv. The terms of this agreement shall be binding upon the successors and
assigns of the Developer.
b. Shutoff devices as determined by the City Engineer are provided at those
locations where private facilities traverse public streets.
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23. Condition No. 69 - (LOMR). In satisfaction of Condition No. 69 of the
Resolution, Developer agrees that prior to transfer of responsibility of maintenance of any basins
on the Project and release of the grading bond, to obtain a Letter of Map Revision (LOMR) from
the Federal Emergency Management Agency revising the current National Flood Insurance
Program Maps to reflect the effect of the drainage improvements. Developer acknowledges and
agrees that it shall be the responsibility of the Developer to revise the National Flood Insurance
Program Maps to reflect all modifications and to ensure that no 'proposed lot will be created in a
flood plain.
24. Condition No. 78 - (NPDES). In satisfaction of Condition No. 78 of the
Resolution, Developer agrees to comply with all applicable regulations established by the United
States Environmental Protection Agency (USEP A) as set forth in the National Pollutant
Discharge Elimination System (N.P.D.E.S.) permit requirements for urban runoff and storm
water discharge and any regulations adopted by the City of Chula Vista pursuant to the
N.P.D.E.S. regulations or requirements. Developer further agrees to file a Notice of Intent with
the State Water Resources Control Board to obtain coverage under the N.P.D.E.S. General
Permit for Storm Water Discharges Associated with Construction Activity and shall implement a
Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading
activities. The SWPPP shall include both construction and post construction pollution
prevention and pollution control measures and shall identifY funding mechanisms for post
construction control measures. The Developer further agrees to comply with all the provisions of
the N.P.D.E.S. and the Clean Water Program during and after all phases of the development
process, including but not limited to: mass grading, rough grading, construction of street and
landscaping improvements, and construction of dwelling units. The Developer shall submit a
Water Quality Technical Report prior to obtaining any commercial building permits. The
Developer shall design the Project's storm drains and other drainage facilities to include Best
Management Practices to minimize non-point source pollution, satisfactory to the City Engineer.
The San Diego Regional Water Quality Control Board has issued a Municipal Storm Water
Permit (Order No. 2001-01). The permit includes regulations such as implementation of Standard
Urban Storm Water Mitigation Plans (SUSMPS) and Numeric Sizing Criteria for new residential
development. The Developer agrees to comply with all relevant City regulations, when they
become effective, including but not limited to incorporation into the design and implementation
of the Project temporary and permanent structural Best Management Practices and non-structural
mitigation measures that would reduce pollution of storm water runoff to the maximum extent
practicable.
25. Condition No. 84 - (Erosion Control). In satisfaction of Condition No. 84 of
the Resolution, Developer agrees to mend the eroded open channel located west of the SDG&E
easement extending south from Hunte Parkway to the water quality basin to the satisfaction of
the City Engineer prior to September I, 2007. "Mending" includes the reconstruction of gabions,
rerouting of canyon drains to the by-pass pipe and other such improvements such that the
effective slope of the channel is lowered to non-erosive velocities and the daily runoff from the
project is routed thru the by-pass pipe. Developer further agrees not to seek release of any
grading bond until such mending has occurred.
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26. Condition No. 89 - (Wall Maintenance). In satisfaction of Condition No. 89 of
the Resolution, Developer agrees to provide a setback, as determined by the City Engineer based,
on Developer's Soils Engineer recommendations, between the property lines of the proposed lots
and the top or toe of any slope to be constructed where the proposed grading adjoins undeveloped
property or property owned by others. The City Engineer will not approve the creation of any lot
that does not meet the required setback.
..
27. Condition Nos. 92, 93 & 94 -(Dry weather flows). In partial satisfaction of
Condition Nos. 92,93 & 94 of the Resolution, Developer agrees to implement the dry weather
study titled "Otay Ranch, Village Eleven Dry Weather Runoff Analysis" dated July 6, 2001, as
amended from time to time, such that:
a. Dry weather flows detention period does not exceed 72 hrs.
b. Dry weather post-developed conditions for Salt Creek shall be the same as
pre-developed conditions.
28. Condition No. 96 - (permitting agencies). In partial satisfaction of Condition
No. 96 of the Resolution, Developer agrees to obtain approval from all applicable permitting
agencies, including but not limited to FEMA, prior to any work within each of the agencies
jurisdiction. Developer further acknowledges and agrees that all mitigation requirements will be
the responsibility of the Developer.
29. Condition No. 114 - (parks and Open Space). In partial satisfaction of
Condition No. 114 of the Resolution, Developer agrees that the Village Eleven Project shall
satisfy the requirements of the Park Land Dedication Ordinance (PLDO). The ordinance
establishes a requirement that the project provide three (3) acres of local parks and related
improvements per 1,000 residents. Local parks are comprised of community parks and
neighborhood parks. The Project's Neighborhood Park portion of the local park requirement
shall be satisfied through the provision ofa 7.0 net-acre Neighborhood Park (P-l). The remaining
requirement shall be satisfied in a future Community Park through the payment of fees,
dedication of land, or a combination thereof in a manner acceptable to the Director of General
Services.
30. Condition No. 116 - (pAD Fees). In satisfaction of Condition No. 116 of the
Resolution, Developer has paid all applicable Parkland Acquisition and Development fees in
effect at time of City Council approval to the City in accordance with C.V.M.C Chapter 17.10
prior to approval of each Final "B" Map.
31. Condition No. 118 - (park Site In partial satisfaction of condition No. 118 of the
resolution the Developer has commenced construction of the project's Neighborhood Park P-l.
The Developer shall complete construction of the park by December 1, 2006. The term complete
construction shall mean that the park construction has been completed according to the City
approved construction plans and accepted by the Director of General Services. The
maintenance/establishment period, while still the Developer's responsibility, is not part of the
work the Developer is required to do in order to achieve complete construction.
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The Developer further agrees that at any time the Director of General Services may, at his sole
discretion, modify the neighborhood development phasing and construction sequence for the
Project's park should conditions change to warrant such revision.
32. Condition No. 121 - (parks). In satisfaction of Condition No. 121 of the
Resolution, Developer agrees that at no time shall there be a deficit in "constructed neighborhood
parks". Developer further agrees that the City may withhold the issuance of building permits for
the Project, should such deficit occur. For purposes of this paragraph the term "constructed
neighborhood park" shall mean the construction of the park has been completed and accepted by
the City as being in compliance with the Park Master Plan, but prior to the City's required
mandatory maintenance period. This is not intended to supersede any of the City's maintenance
guarantee requirements.
33. Condition No. 122 - (Parks). In satisfaction of Condition No. 122 of the
Resolution, Developer agrees that all local parks shall be designed and constructed consistent
with the provisions of the Chula Vista Landscape Manual and related Planning and Building
Department specifications and policies.
34. Condition No. 124 - (Town Square P-4). In partial satisfaction of Condition
No. 124 of the Resolution, the Developer has secured the construction of the Town Square Park
as shown in Exhibit "B" and agrees to construct the Town Square Park by June 30, 2007, or to
the satisfaction of the Director of Planning and Building and the Director of General Services.
35. Condition No. 137 - (Regional Trails). In satisfaction of Condition No. 137 of
the Resolution, Developer shall obtain the approval of the Director of General Services for
appropriate signage indicating location of trail connections, handicap access, and bikeway
locations to the Regional Trail, Village Greenway, and Chula Vista Greenbelt. Said signage shall
be included on the Landscape and Irrigation Improvement Plan. Signage shall be installed upon
the request of the Director of General Services and Director of Planning and Building.
36. Condition No. 139 - (Accessibility Guidelines). In satisfaction of Condition No.
139 of the Resolution, Developer agrees to comply with the current Regulatory Negotiation
Committee Recommendations for Accessibility Guidelines: Outdoor Developed Areas Final
Report, as may be amended from time to time, developed for: U.S. Architectural and
Transportation Barriers Compliance Board when designing all trails and trail connections.
37. Condition No. 144 - (CC&R's). In satisfaction of Condition No. 144 of the
Resolution, Developer agrees that the Declaration of Covenants, Conditions, and Restrictions
(CC&R's) for the project shall include the following obligations of the Master Homeowners
Association:
a. A requirement that the MHOA shall maintain comprehensive general liability
insurance against liability incident to ownership or use of the following areas:
i. All open: space lots that shall remain private,
ii. Other Master Association property.
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b. The City shall review and may approve any revisions to provisions of the CC&R's
that affect the City before they can become effective. The MHOA 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 MHOA.
c. The MHOA shall indemnify and hold the City harinless from any claims, demands,
causes of action liability or loss related to or arising from the maintenance activities of the
MHOA.
d. The MHOA 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 MHOA.
e. The MHOA 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.
f. The CC&R's shall incorporate restrictions for each lot adjoining open space lots
containing walls maintained by the Open Space District to ensure that the property owners
know that the walls may not be modifIed or supplemented nor may they encroach on City
property.
g. The CC&R's shall include provisions assuring maintenance of all streets, driveways,
drainage and sewage systems which are private.
h. The CC&R's shall include provisions assuring MHOA membership in an advance
notice such as the USA Dig Alert Service in perpetuity.
i. 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 project.
j. 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.
k. The MHOA shall not dedicate or convey for public streets, land used for private
streets without approval of 100% of all the HOA members or holder of fIrst mortgages
within the MHOA.
1. The CC&R's shall prohibit "speed bumps" on private streets. The CC&R's shall
also include language which states that any proposal by the HOA to allow "speed bumps"
in the future shall require prior written approval of 100% of all the Homeowners
Association members.
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38. Condition No. 145 - (Homeowner Notification of MHO A Responsibilities). In
satisfaction of Condition No. 145 of the Resolution, Developer agrees that future property
owners shall be notified during escrow, by a document to be initialed by the owners, of the
maintenance responsibilities of the MHOA and their estimated annual cost. Developer shall
submit the document and obtain the approval of the City Engineer and Director of Planning and
Building prior to distribution through escrow.
39. Condition No. 146 - (HOA Responsibilities). In satisfaction of Condition No.
146 of the Resolution, Developer agrees that an HOA shall be responsible for the maintenance
and operation of all facilities within the common areaS and streets behind any gated entrances.
The facilities to be maintained include, but are not limited to: pavements, sidewalks, street trees,
street lights including power supply, street sweeping, private drainage facilities and landscaping
of private common areas.
40. Condition No. 147 - (HOA Responsibilities). In satisfaction of Condition No.
147 of the Resolution, Developer agrees to grade a level, clear area at least three feet wide (face
of wall to top of slope), along the length of any wall abutting an open space district lot, as
measured from face-of-wall to beginning of slope. Said area shall be as approved by the City
Engineer and the Director of Planning and Building.
41. Condition No. 148 - (Open Space Lot Walls). In satisfaction of Condition No.
148 of the Resolution, Developer agrees that prior to close of escrow all buyers of lots adjoining
open space lots containing walls maintained by the Open Space District sign a statement, when
purchasing their homes, stipulating that they are aware that the walls are on City property and
that they shall not modify or supplement the wall or encroach onto City property. These
restrictions shall also be incorporated in the CC&R's for all lots.
42. Condition No. 149 - (Open Space Lots). In satisfaction of Condition No. 149 of
the Resolution, Developer agrees that prior to approval of each Final Map, Developer shall
provide proof to the satisfaction of the City Engineer and Director of General Services that all
improvements located on open space lots will be incorporated into and maintained by a Home
Owner's Association or an Open Space District.
43. Condition No. 150 - (Maintenance District). In satisfaction of Condition No.
ISO of the Resolution, Developer agrees to not protest formation or inclusion in a maintenance
district or zone for the maintenance of landscaped medians and scenic corridors along streets
within or adjacent to the Project.
44. Condition No. 151 - (Landscape Funding Mechanism). In satisfaction of
Condition No. 151 of the Resolution, Developer agrees that prior to issuance of any grading
permit which includes Landscaping and Irrigation (L&1) improvements to be installed in an open
space lot to be maintained by the Community Facility District (CFD), the Developer shall place a
cash deposit, or other funding mechanism acceptable to the City, in the City's sole discretion,
with the City which will guarantee the maintenance of the L&I improvements until the City
accepts said improvements. Developer further acknowledges and agrees that in the event the
improvements are not maintained to City standards as determined by the City Engineer and the
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Director of General Services, the deposit shall be used to perform the maintenance. Developer
further agrees that the amount of the deposit shall be equivalent to the estimated cost of
maintaining the open space lots to City standards for a period of six months, ("Minimum Deposit
Amount"), as determined by the City Engineer. Developer further agrees that any unused portion
of said deposit may be incorporated into the CFD' s Reserve Account, or returned to the
Developer, according to the following:
a. If, six months prior to the scheduled date of acceptance of Landscape and
Irrigation improvements for maintenance by the CFD, the Reserve Account is less than the
Minimum Deposit Amount, the difference between these two amounts shall be incorporated
into the Reserve Account, or;
b. If the Reserve Account is at or above the Minimum Deposit Amount, the unused
portion of the deposit may be returned to the Developer in 6 equal monthly increments over
the last six months of the maintenance period if the maintenance is being accomplished to
the satisfaction of the Director of General Services.
45. Condition No. 158 - (Grant Easements). In satisfaction of Condition No. 158,
the Developer agrees to design Landscape and Irrigation Plans such that street tree placement is
not in conflict with the sight visibility of any traffic signage. The Developer shall be responsible
for the removal of any obstructions within the sight visibility of said traffic signs to the
satisfaction of the City Engineer.
46. Condition No. 172 - (Withhold Permits per PFFP). In satisfaction of
Condition No. 172 of the Resolution, Developer agrees:
a. That the City may withhold building permits for the subject subdivision if anyone
of the following occur:
i. Regional development threshold limits set by the Chula Vista
Transportation Phasing Plan, as amended from time to time, have been reached or in
order to have the Project comply with the Growth Management Program, as may be
amended from time to time.ii. Traffic volumes, levels of service, public utilities
and/or services either exceed the adopted City threshold standards or fail to comply
with the then effective Growth Management Ordinance, and Growth Management
Program and any amendments thereto. Public utilities shall include, but not be
limited to, air quality, drainage, sewer and water.
iii. The required public facilities, as identified in the PFFP or as amended or
otherwise conditioned have not been completed or constructed to the satisfaction of
the City. The Developer may propose changes in the timing and sequencing of
development and the construction of improvements affected. In such case, the PFFP
may be amended as approved by the City's Director of Planning and Building and
the Public Works Director. The Developer agrees that the City may withhold
building permits for any of the phases of development identified in the Public
Facilities Financing Plan (PFFP) for Otay Ranch Village Eleven SPA if the required
public facilities, as identified in the PFFP or as amended by the Annual Monitoring
Program have not been completed.
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b. 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, including approval
by its Planning Commission, City Councilor any approval by its agents, officers, or
employees with regard to this subdivision pursuant to Government Code Section 66499.37
provided the City promptly notifies the Developer of any claim, action or proceeding and on
the further condition that the City fully cooperates in the defense.
c. 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. Developer agrees that the City of Chula Vista may grant access to
cable companies franchised by the City of Chula Vista to place conduit within the City's
easement situated within the Project. Developer shall restrict access to the conduit to only
those franchised cable television companies who are, and remain in 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.
d. That the City may withhold the issuance of building permits for the Project,
should the Developer be determined by the City to be in breach of any of the terms of the
Tentative Map Conditions or any Supplemental Agreement. The City shall provide the
Developer of notice of such determination and allow the Developer reasonable time to cure
said breach.
e. To hold the City harmless from any liability for erosion, siltation or increase flow
of drainage resulting from this Project.
47. Condition No. 173 - (Previous Agreements). In satisfaction of Condition No.
173 of the Resolution, Developer agrees to:
a. Participate, on a fair share basis, in any deficiency plan or financial program
adopted by SANDAG to comply with the Congestion Management Program (CMP).
b. To not protest the formation of any future regional impact fee program or
facilities.
48. Condition No. 174 - (Previous Agreements). In satisfaction of Condition No.
174 of the Resolution, Developer agrees to comply with all previous agreements as they pertain
to the Tentative Map.
49. Condition No. 175 - (Street Sweeping). In partial satisfaction of Condition No.
175 of the Resolution, Developer agrees to cause street sweeping to commence immediately after
the final residence, in each phase, is occupied and shall continue sweeping until such time that
the City has accepted the street or 60 days after the completion of all punch list items, whichever
is shorter. The Developer further agrees to provide the City Special Operations Manager with a
copy of the memo requesting street sweeping service, which memo shall include a map of areas
to be swept and the date the sweeping will begin.
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50. Condition No. 176 - (Regional Impact Fees). In satisfaction of Condition No.
176 of the Resolution, Developer is required to equitably participate in any future regional
impact fee program for regional facilities should the region enact such a fee program to assist in
the construction of such facilities. The Developer agrees not protest the formation of any future
regional benefit assessment district formed to finance regional facilities.
51. Condition No. 177 - (Regional Impact Fees). 'In satisfaction of Condition No.
177 of the Resolution, Developer agrees to fund the cost of transit facilities. Said facilities,
including but not limited to "transit stops" shall be designed in the manner consistent with the
transit stop details as described in the Village Eleven Design Plan, as approved by the City's
Transit Coordinator and Director of Planning and Building
52 . Condition No. 180 - (Open Space Lots). In satisfaction of Condition No.180 of
the Resolution, Developer agrees to construct and secure open space landscape improvements
within the Final Map area as set forth on Exhibit "B".
53. Condition No. 181 - (Junior/High School Site). In partial satisfaction of
Condition No. 181 the Developer agrees to further subdivide parcel S-2 to provide the
Sweetwater Union High School District with a 25-net usable acre graded parcel with an all
weather access road for the HighlMiddle School and the City with the open space lots as shown
on the Tentative Map
54. Condition No. 183 - (PFFP). In satisfaction of Condition No. 183 of the
Resolution, Developer agrees to install all public facilities in accordance with the Village Eleven
Public Facilities Finance Plan (PFFP), or as required to meet the Growth Management Threshold
standards adopted by the City. Developer acknowledges and agrees that the City Engineer may
modify the sequence of improvement construction should conditions change to warrant such a
revision. The Developer further agrees to comply with Chapter 19.09 of the Chula Vista
Municipal Code (Growth Management Ordinance) as may be amended from time to time by the
City. Said Chapter includes but is not limited to Threshold Standards (19.09.040) Public
Facilities Plan Implementation (19.09.090) and Threshold Compliance Procedures (19.09.100).
55. Condition No. 184 - (Interim facilities). In satisfaction of Condition No. 184 of
the Resolution, Developer agrees that the maintenance and demolition of all interim facilities
(public facilities, utilities and improvements) is the Developer's responsibility, and that
construction and demolition bonds will be required to the satisfaction of the City Engineer.
56. Condition No. 189 - (Annual review). In satisfaction of Condition No. 189 of
the Resolution, Developer agrees that pursuant to the provisions of the Growth Management
Ordinance (Section 19.09 of the CYMC) and the Otay Ranch General Development Plan (GDP),
and as they may be amended from time to time, the Developer shall complete the following: (I)
Fund the preparation of an annual report monitoring the development of the community of Otay
Ranch. The annual monitoring report will analyze the supply of, and demand for, public
facilities and services governed by the threshold standards. An annual review shall commence
following the first fiscal year in which residential occupancy occurs and is to be completed
during the second quarter of the following fiscal year. The annual report shall adhere to those
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guidelines noted on page 353, Section D of the GDP/SRP; and (2) Prepare a five year
development phasing forecast identifying targeted submittal dates for future discretionary
applications (SPA's and tentative maps), Projected construction dates, corresponding public
facility needs per the adopted threshold standards, and identifying fmancing options for necessary
facilities.
57. Condition No. 190 - (project Manager). In satisfaction of Condition No. 190 of
the Resolution, the Developer shall be shall be responsible for retaining a project manager to
coordinate the processing of discretionary permit applications originating from the private sector
and submitted to the City of Chula Vista. The project manager shall establish a formal submittal
package required of each developer to ensure a high standard of design and to ensure consistency
with standards and policies identified in the adopted SPA Plan. The project manager shall have a
well-rounded educational background and experience, including but not limited to land use
planning and architecture.
58. Condition No. 193 - (phasing Plan). In satisfaction of Condition No. 193 of the
Resolution, Developer agrees that any proposals to modify the Village Eleven SPA approved
phasing plan, shall be submitted to the Director of Planning and Building for review and
approval prior to approval of the first Final "B" Map. The Developer further acknowledges and
agrees that the PFFP shall be revised where necessary to reflect the revised phasing plan.
59. Condition No. 194 - (phasing Plan). In satisfaction of Condition No. 194 of the
Resolution, Developer agrees that the phasing approved with the Village Eleven SPA Plan may
be amended subject to approval by the Director of Planning and Building and the City Engineer.
60. Condition No. 195 - (Phasing Plan). In satisfaction of Condition No. 195 of the
Resolution, Developer agrees that if phasing is proposed within an individual map or through
multiple Final Maps, the Developer shall submit and obtain approval for a development phasing
plan by the City Engineer and Director of Planning and Building prior to approval of any Final
Map. Developer further acknowledges and agrees that improvements, facilities and dedications
to be provided with each phase or unit of development shall be as determined by the City
Engineer and Director of Planning and Building. Developer acknowledges that the City reserves
the right to require said improvements, facilities and/or dedications as necessary to provide
adequate circulation and to meet the requirements of Police and Fire Departments, and that the
City Engineer and Director of Planning and Building may, at their discretion, modify the
sequence of improvement construction should conditions change to warrant such a revision. The
Developer further agrees that the City Engineer may change the timing of construction of the
public facilities.
61. Condition No. 196 - (Phasing Plan). In satisfaction of Condition No. 196 of the
Resolution, Developer agrees that the Public Facility Finance Plan or revisions thereto shall be
adhered to for the Village Eleven SPA and tentative map with improvements installed in
accordance with said plan or as required, to meet threshold standards adopted by the City of
Chula Vista. Developer acknowledges that the PFFP identifies a facility phasing plan based
upon a set of assumptions concerning the location and rate of development within and outside of
the Project area; that throughout the build-out of Village Eleven SPA, actual development may
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differ from the assumptions contained in the PFFP; and that neither the PFFP nor any other
Village Eleven SPA Plan document grant the Developer an entitlement to develop as assumed in
the PFFP, or limit the Village Eleven SPA's facility improvement requirements to those
identified in the PFFP. Developer acknowledges that compliance with the City of Chula Vista
threshold standards, based on actual development patterns and updated forecasts in reliance on
changing entitlements and market conditions, shall govern Village Eleven SPA development
patterns and the facility improvement requirements to serve 'such development. In addition,
Developer acknowledges and agrees that the sequence in which improvements are constructed
shall correspond to any future Chula Vista Transportation Phasing Plan or amendment to the
Growth Management Program and Ordinance adopted by the City and that the City Engineer may
modify the sequence of improvement construction should conditions change to warrant such a
revision.
62 . Condition No. 197 - (phasing Plan). In satisfaction of Condition No. 197 of the
Resolution, Developer agrees that prior to approval of any Final Map proposing the creation of
Multi-family housing for the Project including Planning Areas R-17, R-18, R-19, R-23, R-24, R-
25 or MU-l as a condominium Project, community apartment Project, or stock cooperative, as
defined in the applicable sections of the Government Code, Developer agrees to process a
subsequent tentative map for said proposed condominium, community apartment, or stock
cooperative Project in said Planning Area pursuant to Section 66426 of the Subdivision Map Act.
63. Condition No. 198 - (Code Requirements). In satisfaction of Condition No. 198
of the Resolution, Developer agrees to comply with all applicable sections of the Chula Vista
Municipal Code. Developer acknowledges and agrees that 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. Developer further agrees to
underground all utilities within the subdivision in accordance with Municipal Code requirements.
64. Condition No. 199 - (Code Requirements). In satisfaction of Condition No. 199
of the Resolution, Developer agrees to pay the following fees in accordance with the City Code
and Council Policy:
a. The Transportation and Public Facilities Development Impact Fees.
b. Signal Participation Fees.
c. All applicable sewer fees, including but not limited to sewer connection fees.
d. Salt Creek Sewer Basin DIP.
e. The Pedestrian Bridge DIP.
f. The FIND Model reserve Fund Fee.
The Developer shall pay the amount of the above fees that are in effect at the time of
issuance of building permits.
65. Condition No. 200 - (Code Requirements). In partial satisfaction of Condition
No. 200 of the Resolution, Developer agrees to comply with all relevant Federal, State, and Local
regulations, including the Clean Water Act. The Developer agrees to be responsible for
providing all required testing and documentation to demonstrate said compliance as required by
the City Engineer.
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66. Condition No. 202 - (Code Requirements). In partial satisfaction of Condition
No. 202 of the Resolution, Developer agrees to comply with Council Policy No. 522-02
regarding maintenance of natural channels within open spaces.
67. Condition No. 203 - (Code Requirements). In partial satisfaction of Condition
No. 203 of the Resolution, Developer agrees that all proposed development shall be consistent
with the Otay Ranch Village Eleven SPA Planned Community District Regulations.
68. Satisfaction of Conditions. City agrees that the execution of this Agreement
constitutes satisfaction or partial satisfaction of Developer's obligation of Condition Numbers 1-
5,8,13-17,22,27,35,45,48-51, 56b, 60, 69, 78, 84, 89,92-94,96,114,116,118,121-122,
124, 137, 139, 144-151, 158, 172-177, 180-181, 183-184, 189-190, 193-200, 202-2030f
Resolution 2001-364. Developer further understands and agrees that the some of the provisions
herein may be required to be performed or accomplished prior to the approval of subsequent
Final Maps for the Project.
69. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned,
that Developer shall comply with all unfulfilled conditions of approval of the tentative map,
established by Resolution No. 2001-364 and shall remain in compliance with and implement the
terms, conditions and provisions therein.
70 . Recording. This Agreement, or an abstract hereof shall be recorded
simultaneously with the recordation of the Final Map.
71 . Building Permits. Developer and Guest Builders understand and agree that the
City may withhold the issuance of building permits for the Project, should the Developer be
determined by the City to be in breach of any of the terms of this Agreement. The City shall
provide the Developer of notice of such determination and allow the Developer with reasonable
time to cure said breach.
72. Miscellaneous.
a. Notices. Unless otherwise provided in this Agreement or by law, any and all
notices required or permitted by this Agreement or by law to be served on or delivered to
either party shall be in writing and shall be deemed duly served, delivered, and received
when personally delivered to the party to whom it is directed, or in lieu thereof, when three
(3) business days have elapsed following deposit in the U.S. mail, certified or registered
mail, return receipt requested, first-class postage prepaid, addressed to the address indicated
in this Agreement. A party may change such address for the purpose of this paragraph by
giving written notice of such change to the other party.
CITYOFCHULA VISTA
276 Fourth Avenue
Chula Vista, CA. 91910
Attn: Director of Engineering
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DEVELOPER:
Shea Homes Limited Partnership
9990 Mesa Rim Road
San Diego, CA 92121-2910
Attn: Jim Kilgore,
Tel: (858) 549-3156
A party may change such address for the purpose of this paragraph by giving written notice
of such change to the other party in the manner provided in this paragraph.
b. Captions. Captions in this Agreement are inserted for convenience of reference
and do not define, describe or limit the scope or intent of this Agreement or any of its terms.
c. Entire Agreement. This Agreement contains the entire agreement between the
parties regarding the subject matter hereof. Any prior oral or written representations,
agreements, understandings, and!or statements shall be of no force and effect. This
Agreement is not intended to supersede or amend any other agreement between the parties
unless expressly noted.
d. Preparation of Agreement. No inference, assumption or presumption shall be
drawn from the fact that a party or his attorney prepared and! or drafted this Agreement. It
shall be conclusively presumed that both parties participated equally in the preparation
and! or drafting this Agreement.
e. Recitals; Attachments. Any recitals set forth above and exhibits attached hereto
are incorporated by reference into this Agreement.
f. Attorneys' Fees. If either party commences litigation for the judicial
interpretation, reformation, enforcement or rescission hereof, the prevailing party will 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.
[NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES]
20
(C:\Documents and Settingslchrisli\Local Setting~I~orary Internet FileslOLK6BISSIA R-18 Fina1.doc)
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[pAGE ONE OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, CHULA
VISTA TRACT NO. 01-11 R-18 - B MAP]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year fIrst hereinabove set forth.
CITY OF CHULA VISTA
Cheryl Cox
Mayor
Attest:
Susan Bigelow
City Clerk
Approved as to form:
Ann Moore
City Attorney
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[NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES]
[PAGE TWO OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR OTA Y RANCH VILLAGE ELEVEN, CHULA
VISTA TRACT NO. 01-11 R-18 - B MAP]
DEVELOPERS/OWNERS:
ia Limited Partnership, its Sole Member
(:
SHEA HOMES LIMITED PARTNERSHIP, a Califo
By:
Narr:~: ~1>=L L.. rG-I.t.r<'"'-rr'L_
(Attach Notary Acknowledgment and Company Signature Authority)
6-36
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he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the
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Though the information below is not required by law, it may prove valuable to persons relying on the document
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Description of Attached Document
litle or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
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C 2004 Natlona! Notary Association. 9350 De Soto Ave., P.O. Box 2402' Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827
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EXIDBIT "A"
PROPERTY DESCRIPTION
Lot 9 of Chula Vista Tract No. 01-11, Otay Ranch Village 11 "A" Map No.3 in the City ofChula
Vista, County of San Diego, State of California, according to Map thereof No. 15233, Filed in the
Office of the County Recorder of San Diego County on December 28, 2005 as File No. 2005-
1108998 of Official Records.
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EXHIBIT "B"
LIST OF SECURITIES
CV WO No. Description Bond $ Bonding Company Bond
IDrawin~ #) Name number
$416,000 Insurance Company of
1 Future Plans Village Square Park Landscape & Irrigation 2176553
Bond the West
Landscape & Irrigation for $4,801,968.15 Landscape Arch Insurance Company
2 04-092 Slopes (CFD, HOA, Private, & & Irrigation Bond SU5013327
T emoorarv) Missouri
3
4
5
6
7
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COUNCIL AGENDA STATEMENT
Item
Meeting Date
1
12/12/06
ITEM TITLE:
Resolution Authorizing the filing of a grant application to the Caltrans
Statewide Transit Planning Studies Grant Program for funds to conduct a
Transit Shuttle Feasibility Study; authorizing acceptance of the funds if
granted; and certifying the commitment of matching funds in the form of in-
kind services
SUBMITTED BY: Director ofEngineering'~ r/.
REVIEWED BY: Interim CitYManagerf~ (4/SthsVote:Yes_NoX)
BACKGROUND: The joint project would study the feasibility of operating frequent shuttle bus
service in both urban and suburban settings. Grant funding would support a series of studies to
determine how best to connect residential and community areas with local and regional transit
services and future bus rapid transit services.
RECOMMENDATION: That Council adopt the Resolution:
I. Authorizing the filing and, if awarded, acceptance of a grant application to the Caltrans
Statewide Transit Planning Studies grant program and certifying the commitment of
matching funds in the form of in-kind services thetefoT.
BOARDS/COMMISSIONS: N/A
DISCUSSION:
While northwest Chula Vista's existing transportation infrastructure is adequate to meet today's
demands overall, it was developed in an era that supported car-friendly development without major
consideration of transit, pedestrians, and bicyclists. With existing and planned development,
including the Urban Core and Bayfront projects, and the forecasted growth in population and
employment, the City's General Plan Update and SANDAG's Mobility 2030 Regional
Transportation Plan both call for an extensive transit network in the area to playa key role in
meeting mobility needs over the next 30 years.
The proposed project will be administered by SANDAG; jointly conducted by the City ofChula
Vista and the City of San Diego. The study would consider the operation of a frequent "loop" shuttle
bus service in both urban (northwest Chula Vista) and suburban (Rancho Bernardo) settings. The
urban model will determine the feasibility of establishing a neighborhood and community shuttle
route that provides a critical link between regional and corridor services into the community and
large employment areas within northwest Chula Vista. The proposed project site is generally
bounded by E and H Streets, Third Avenue, and the proposed Bayfront project to the west (see
Attachment 1).
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Page 2, Item I
Meeting Date 12/12/06
Major goals of the project are to analyze the feasibility of frequent shuttle service, determine the
potential for private sector funding and public/private partnership ventures, ridership and market
potential, and community involvement.
Project Costs: The total estimated costs for the joint project are $338,936, of which Chula Vista's
cost share (as a grant subrecipient) will be $200,000 to conduct a series of five studies, perform
public outreach, and provide project management and reporting (see Attachment 2). Staff proposes
applying for $177 ,000 in project funding from the Caltrans Statewide Transit Planning Studies grant
program to help meet those expenses. The grant program requires the commitment of a minimum
11.47% City match of total project costs. Staff therefore recommends a commitment of matching
funds in the form of in-kind services totaling $23,000.
ENVIRONMENTAL REVIEW: The Environmental Review Coordinator has reviewed the
proposed project for compliance with the California Environmental Quality Act (CEQA) and has
determined that the project falls under the statutory exemption for feasibility and planning studies in
accordance with to Section 15262 of the State CEQA Guidelines. Thus, no further environmental
review is necessary.
DECISION MAKER CONFLICTS: Staff has reviewed the property holdings ofthe City Council
and has found a conflict exists, in that Councihnember Castaneda and Councihnember Rindone have
property holdings within 500 feet of the boundaries of the property/study area that is the subject of
this action.
FISCAL IMPACT: There is no impact to the General Fund from this action. If the resolution is
approved, the City will apply for Caltrans grant funding in the amount of $177 ,000, and commit
matching funds of $23,000 in the form of in-kind staff services to meet the City's total project cost
share of $200,000. If the grant is awarded, staff will return to Council with a recommendation to
appropriate the grant funds.
Attachments:
I. Map of Proposed Shuttle Route - Urban Study Area
2. Cost Estimate - Transit Shuttle Feasibility Study
J:lEngineerIAGENDAICAS2006112-12-06ITransit Shuttle Grant 11-27-06 DEK.doc
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Attachment 1 - Proposed Shuttle Route (Urban Study Area)
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Attachment 2 - Estimated Project Costs and Funding
Transit Shuttle Feasibility Study - Urban Area
SANDAG (Lead) Grant Project $ 300,000 $ $ 338,936
Chula Vista
Ridership Study $ 17,700 $ 2,300 $ 20,000
Public Outreach $ 17,700 $ 2,300 $ 20,000
Operational Analysis $ 61,970 $ 8,030 $ 70,000
Financial Analysis $ 44,230 $ 5,770 $ 50,000
Phasing Plan $ 8,850 $ 1,150 $ 10,000
Marketing Plan $ 8,850 $ 1,150 $ 10,000
Project Management, Contract Admin., $ 17,700 $ 2,300 $ 20,000
Grant Management
Chula Vista (subrecipient) Totals $ 177,000 I $ 23,000 $ 200,000
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RESOLUTION 2006 -
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE
FILING OF A GRANT APPLICATION TO THE
CALTRANS STATEWIDE TRANSIT PLANNING
STUDIES GRANT PROGRAM FOR FUNDS TO
CONDUCT A TRANSIT SHUTTLE FEASIBILITY
STUDY; AUTHORIZING ACCEPTANCE OF THE
FUNDS IF GRANTED; AND CERTIFYING THE
COMMITMENT OF MATCHING FUNDS IN THE
FORM OF IN-KIND SERVICES
WHEREAS, the City's General Plan Update calls for an extensive transit network
to playa key role in meeting mobility needs over the next 30 years; and
WHEREAS, effective transportation planning should include major consideration
for public transit, pedestrians, and bicyclists; and
WHEREAS, a proposed study will consider the operation of a frequent "loop"
shuttle bus service in urbanized northwest Chula Vista, connecting residential and
community areas with local and regional transit services and future bus rapid transit
services; and
WHEREAS, the estimated costs for the planning project can be met through a
combination of Caltrans grant funds administered by the San Diego Association of
Govemments (SANDAG), and local matching funds; and
WHEREAS, City staff recommends that the City apply for a Caltrans Statewide
Transit Planning Studies grant; and
WHEREAS, grant requirements include Council certification that matching funds
are available and committed for the project; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
project for compliance with the Califomia Environmental Quality Act (CEQA) and has
detennined that the project falls under the statutory exception for feasibility and planning
studies in accordance with Section 15262 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 as follows:
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1. That it authorizes the filing of a grant application to the Caltrans Statewide
Transit Planning Studies grant program for funds to conduct a transit shuttle
feasibility study.
2. That it authorizes the acceptance of the funds if granted.
3. That is certifies the commitment of matching funds t'hrough in-kind services.
Presented by
Approved as to form by
,~ ti~~-h:--
Ann Moore
City Attorney
Scott Tulloch
Director of Engineering
H:\EN(-jINFER\RESOS\,ReSlls2l)()(J\11-12-(I()'Trunsit Shuttle (iro.nt Resu Revised.Joe
7-6
COUNCIL AGENDA STATEMENT
Item
Meeting Date
8
12/12/06
ITEM TITLE:
Resolution Authorizing the filing of a grant application to the Caltrans
Community-Based transportation planning' grant program for funds to assess
city infrastructure near Chula Vista Hills and Vista Square Elementary
Schools; authorizing acceptance of the funds if granted, and certifYing the
commitment of matching funds
Director of Engineering ,rtI i-
Interim City Manager i (
BACKGROUND: The City has undertaken an effort to create a master Infrastructure
Management Program to inventory, assess, and prioritize the city's missing infrastructure. This grant
funding would support the City in working with the South Bay Partnership, to enhance the
community input phase of this effort and support critical planning activities such as community-
based walking audits centered around the city's 37 public elementary schools. Because Decision-
maker Conflicts exist in relation to five of the 37 public elementary schools, this Agenda Statement
is a companion item relating only to Chula Vista Hills and Vista Square Elementary Schools.
SUBMITTED BY:
REVIEWED BY:
(4/5ths Vote: Yes _NoX)
RECOMMENDATION: That Council adopt the Resolution:
1. Authorizing the filing of a grant application to the Caltrans community-based transportation
planning grant program;
2. Authorizing acceptance of the funds if granted;
3. CertifYing the commitment of matching funds.
BOARDS/COMMISSIONS: N/A
DISCUSSION:
The City's existing and planned transportation facilities vary dramatically in condition and
availability from the newly developing areas of the City to the older aging pre-smart growth
neighborhoods. The City Council frequently receives competing requests from the public for local
infrastructure improvements. An overwhelming proportion of citizen requests directly correlate with
the City Council's desire to ensure safe routes to schools. Public infrastructure and land use patterns
in neighborhoods near schools strongly influence the health and safety of our school children. They
influence neighborhood walkability, pedestrian and bicyclist safety, traffic circulation patterns and
speeds, public transit systems, multimodal choices, and community character and pride. These
issues, combined with a limited pool ofresources for infrastructure improvements, now call for a
precise identification and prioritization of City pedestrian, bicycle, and traffic circulation
improvements through community-based master planning efforts.
J :\Engmeer\AGENDA \CAS2006\ 12-12-06\Transportation Plannmg Grant VISTA SQUARE CHULA VISTA
HILLS. doc
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Page 2, Item 8
Meeting Date 12/12/06
To establish a long-term plan for prioritizing and funding improvements to the entire integrated
network of pedestrian and bicycle facilities, the City has embarked on a major comprehensive
initiative to inventory, assess, and master plan the City's infrastructure needs. The City believes that
the answer to finding a comprehensive and balanced approach to addressing local transportation
planning needs and funding priorities lies within its communities.. Included in the project's goals are
the following:
(I) Inventory and assess pedestrian infrastructure near schools;
(2) Initiate a comprehensive community-based specific transportation planning effort;
(3) Prioritize infrastructure needs and deficiencies near schools;
(4) Establish a Citywide infrastructure management program; and
(5) Develop and implement traffic-calming and other pedestrian-friendly practices.
The proposed project to inventory and prioritize the City's infrastructure dovetails with the City's
new Southwest Community Improvement Strategy (SWCIS). The Planning and Building
Department has been working closely with Community Development, Engineering, and other City
Departments to develop the SWCIS, which will take a comprehensive approach to specific planning
in Southwest Chula Vista. Components of the planning approach will include land uses, zoning,
public safety, building and code enforcement, public infrastructure, redevelopment, housing,
economic development, parks and other public facilities, social services, health care, and community
engagement and outreach.
Beginning with the Southwest area and eventually incorporating the entire City, the project will
focus on the Y-,-mile "buffer zones" surrounding each of the City's 37 public elementary schools (as
shown on Attachment I). Observations are that parents residing within these zones are more apt to
allow their children to walk to school, particularly if safe and adequate facilities are available for
walking and biking. Therefore, the first stakeholders to gain benefits from this project will be the
City's schoolchildren, their families, and their neighbors. Ultimately, the project will have positive
impacts for all residents.
A unique aspect of this project is its community-directed focus. Stakeholder organizations
participating in this planning project will include Healthy Eating, Active Communities (HEAC) and
Walk San Diego who have partnered as the South Bay Partnership. This partnership actively works
at the community level to reduce childhood obesity by promoting walkability and reducing reliance
on cars. The South Bay Partnership will be the City's key planning partner on this project. Other
stakeholders will include the recently formed Southwest Chula Vista Civic Association, the
Environmental Health Coalition, the Northwest Civic Association, and Crossroads. Local schools
(where the community meetings will take place) and school districts, parent faculty groups and
homeowners associations will have critical involvement throughout the process. Jurisdictional
stakeholders such as City Councilmembers, the City's redevelopment agency, and impacted City
departments such as Public Works and Police will benefit from well-targeted planning outcomes and
directives from this project. A City interdepartmental project team will provide oversight, general
project management, technical advisement, analysis, and report preparation. But the success ofthis
fully collaborative effort, including design aspects, is predicated on the scope and depth of South Bay
J:\Engineer\AGENDA\CAS2006\12-12-06\Transportation Planning Grant VISTA SQUARE CHULA VISTA
HILLS.doc
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Page 3, Item h
Meeting Date 12/12/06
Partnership's community outreach, hands-on coordination of day-to-day community-level planning
activities, and ensuring that planned tasks are accomplished by the community.
Project Phasing and Planned Accomplishments: The planning project will be accomplished in
two phases. Phase I is not part ofthe grant proposal. It is an already-funded effort that is currently
underway. Phase I provides a technical baseline GIS-based assessment of the current state of the
City's pedestrian transportation infrastructure and preliminary cost estimates from the perspective of
elementary school attendance boundaries. City Council and City departments will receive a full
presentation of the infrastructure maps and estimated cost estimates for missing sidewalks, curbs,
gutters, ADA ped ramps, pavement and cross gutters, and other deficiencies. In addition, Phase I
will provide City Council with a fiscal analysis of current policy challenges; current prioritization
criteria and potential new considerations; current funding availability and allocations; alternate
applications of current revenue; and potential new revenue sources. Comments, concerns, and other
feedback from the initial presentations will be incorporated into the analyses. Alignment of the
proposed improvements with the principles of smart growth and sustainability will be emphasized
throughout all phases of the proj eel.
South Bay Partnership and other community-based organizations listed above will be presented with
the baseline technical report of missing pedestrian and other facilities, and an inter-group/City
dialogue initiated. Over the next several months, the process will generate valuable input, to be
discussed and incorporated into the design and protocols for Phase II planning. Phase I will be
completed by June 2007.
Phase II, for which the City seeks grant funding, marks the beginning of community engagement in
the transportation planning process. The now twice-improved infrastructure reports will be
presented at community meetings facilitated by the South Bay Partnership. Community meetings
will be held at each of the city's 37 neighborhood public elementary schools, beginning with
Southwest area schools. Residents will review the full range of infrastructure needs and share
thoughts regarding priorities in their neighborhoods given the overwhelming needs and limited
funding availability. The goal is to hear what missing infrastructure feels like to the people who live
in the area and whose children are trying to walk to school. This will allow the City Council to
consider how the community views and prioritizes missing sidewalks and other deficiencies as they
work through the tough financial decisions associated with infrastructure management choices.
These meetings would also explore community reaction to funding alternatives. Input from these
meetings will help form the framework for creating mutually agreed upon protocols for the next
infrastructure assessment step. Using the protocols, the South Bay Partnership will next work with
the City and each of the 37 neighborhoods to complete a series of detailed neighborhood walking
audits. Data from the audits, together with the GIS inventory, the community meetings, and lessons
learned, will ultimately provide the basis for sound, responsive Citywide planning efforts. This
community outreach component will be the most far-reaching step ofthe project and is scheduled for
completion by February 2008.
From February 2008 through May 2008, City staff will work with the South Bay Partnership to
collect and analyze the considerable amount of data from the community outreach activities,
J:IEngmeerIAGENDA\CAS2006\12-12-06Transportation Planning Grant VISTA SQUARE CHULA VISTA
HILLS.doc
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Page 4, Item n
Meeting Date 12/12/06
incorporate the new findings into an updated report and cost estimates, to be presented to City
Council and City departments. The report will also incorporate updated recommendations regarding
potential policy revisions; prioritization criteria and potential new considerations; funding
availability and allocations; alternate application of current revenue and potential new revenue
sources based on community input. City project management staff will await City Council direction
and feedback with regard to finalization of priority lists, refined project estimates, and
implementation of revenue strategies.
In the project's final step, the City would again work closely with the South Bay Partnership to return
to the community for final review and comment on the pedestrian infrastructure priority list and other
key aspects of the project. The additional community feedback will be incorporated before
publication ofthe final report and presentation to City Council for adoption and dissemination to the
public by December 2008. The City will then be well placed to implement the transportation
improvements, school zone by school zone, according to community-directed priorities.
Project Costs: The total estimated costs for the project are $302,000 (Attachment 2). Staff
proposes applying for $241,600 in project funding from the Caltrans Community-Based
Transportation Planning Grant Program to help meet those expenses. The grant program requires the
commitment of a minimum 20% City match ($60,400) oftotal project costs which staff recommends
providing as follows: half ($30,000) to come from Transportation Sales Tax (TransNet) funds
programmed within the School Zone Safety Program, and half ($30,400) provided in in-kind staff
services.
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 project is for funding purposes only; therefore, pursuant to Section
15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Although
environmental review is not necessary at this time, once projects have been defined, environmental
review may be required and a CEQA determination completed prior to commencing any
development of the improvements identified.
DECISIONMAKER CONFLICTS: Staff has reviewed the property holdings ofthe City Council
and has found that conflicts exist, in that Council Member Castaneda has property holdings within
500 feet of the boundaries ofthe y" mile buffer zone around both Chula Vista Hills and Vista Square
Elementary Schools which are the subject of this action.
FISCAL IMP ACT: There is no impact to the General Fund from this action. Ifthe resolution is
approved, the City will apply for Caltrans grant funding in the amount of $241 ,600, and commit
matching funds of$60,400 from a combination of Trans Net funds and in-kind staff services to meet
the City's total project cost of$302,000. If the grant is awarded, staff will return to Council with a
recommendation to appropriate the grant funds and the match.
Attachments:
J :IEngineerIAGENDAICAS200611 2-1 2-06lTransportatlOn Planning Grant VISTA SQUARE CHULA VISTA
HILLS.doc
8-4
~
Page 5, Item B
Meeting Date 12/12/06
1. City of Chula Vista Project Area
2. Cost Estimate - Community-Based Transportation Planning Grant
3. Letter of Support - South Bay Partnership
J:\Engmeer\AGENDA\CAS2006\12-12-06\Transportation Planning Grant VISTA SQUARE CHLLA VISTA
HILLS doc
8-5
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8-6
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Page 7, Item 8
Meeting Date 12/12/06
Attachment 2
Estimated Project Costs,
Community-Based Transportation Planning Grant Project
Working Group City Project Manager, $ $ 3,900 $ 7,800
South Bay Partnership
Public City Project Manager,
Outreach/Community South Bay Partnership, $ $ 0 $ 136,200
City Project Team
Walk Audits City Project Manager, $ 36,700 $ 0 $ 36,700
South Bay Partnership
Analysis of Findings City Project Team $ 30,000 $ 30,000 $ 60,000
Interim Report City Project Team $ 0 $ 11 ,300 $ 11,300
Final Community City Project Team, $ 34,800 $ 15,200 $ 50,000
Meetings and Re ort South Bay Partnership
Totals $ 241,600 $ 60,400 $ 302,000
J:\Engineer\AGENDA\CAS2006\12-12-06\TransportatlOn Planmng Grant VISTA SQUARE CHULA V1STA
HILLS.doc
8-7
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Attachment 3
Letter of Support - South Bay Partnership
Page 13, Item 8
Meeting Date 12/12/06
n \outh Bay
I'Ortnersh! p
2'iOI) E,>.ST Fo
;\.\T'O:\.iU en,
C\UFOR).'tA
91950-2099
(619, "~"72-,i6(
A (cmm!l!ljty (OIJiJDOrM]afi dim?J at im?rovlnQ
n~ulth :"lad well-being in SOtHO rtgwll OfSafl Diego
October II, 2006
Mayor Stephen C. Padilla
CityofChula Vista
276 Fourth A venue
Chula Vista, CA 91910
RE: Support for "Kids Walk and Bike to School- Phase II"
Dear Mayor Padilla,
The South Bay Partnership, a multi-level coalition focused on improving the health and quality of IiI',
of residents throughout lhe South Region of San Diego County since 1996, supports the City Chuh
Vista's efforts in applying for a California Depa1'trnent ofTransportalion Community-Based PlanninE
grant, The grant will help promote a strong and healthy community in Chula Vista by supportin~
innovative approaches to providing children and their families with easily accessible and highl)
efficient transportation options.
The proposed planning project would be conducted in coordination with the South Bay Partnership' f
Healthy Eating, Active Communities (HEAC) initiative and key partner organizations, like Walk Sat
Diego (WSD), The HEAC initiative and WSD offer an expertise in community-focused public healtl
related to the build environment and community design, Their innovative approach has a specia
emphasis on designing physical activity environments that are also pedestrian and bicycle-friendly
The intent of our unique collaboration related to this project is to learn about infrastructure need!
surrounding each of the city's elementary schools, through the lens of the stakeholders and residen
groups, Our successful collaboration will produce a series of comprehensive walking audits that coule
then be used as the framework for well-targeted infrastructure planning.
In recent years, the City of Chula Vista has worked closely ",ith other expert entities such as Caltran,
and the San Diego Association of Governments (SANDAG), to align infrastructure development wit!
smart grm.vth principles, which encourage and promote walkability and bike friendly routes nea:
schools, We applaud the City's efforts to work closely ",ith HEAC and WSD in providing'
comprehensive system of walkable corridors, which in turn will promote healthy lifestyles and reduce
childhood obesity.
We feel that this project will not only serve as a model for localized, child-focused transportatioI
planning for other communities throughout li1.e State, but will provide immeasurable benefits to the
families living in this commulllty.
J'incere~0(} I'
~ VI lv' tr1f2
na RiCh~S \, ~
- Director
8-8
T
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE
FILING OF A GRA.NT APPLICATION TO THE
C AL TRANS COMMUNFfY - BASED
TRANSPORTATION PLANNING GRANT PROGRAM
FOR FUNDS TO ASSESS CITY INFRASTRUCTURE
NEAR CHULA VISTA HILLS AND VISTA SQUARE
ELEMENTARY SCHOOLS; AUTHORIZING
ACCEPTANCE OF THE HINDS IF GRANTED, AND
CERTIFYING THE COMMITMENT OF MATCHING
FUNDS.
WHEREAS, the City's eXlstl11g and planned transportation facilities varv
dramatically in condition and availability from the newly developing areas of the City to
the older aging pre-smart growth neighborhoods; and
WHEREAS, the City receives frequent requests from residents for local
infrastructure improvements, an overwhelming proportion of which correlate with the
City Council's desire to ensure safe routes to school: and
WHEREAS, there is a limited pool of funding resources for infrastructure
improvements; and
WHEREAS, the proposed project would establish a long-teml plan for
prioritizing and funding improvements for the Ydllile walking zones sLln'ounding Chula
Vista Hills and Vista Square Elementary Schools; and
WHEREAS, the critical importance of community direction, ideas, and input is
recognized; and
WHEREAS, the South Bay Partnership will be the City's key planning partner on
the proposed project; and
WHEREAS, staff recommends applying for a grant from the Caltrans
Community-Based Transportation Planning Grant Program to help offset estimated
project costs; and
WHEREAS, grant requirements include City Council certilication that matching
funds are available and committed for the project; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
activity for compliance with the Califomia Environmental Quality Act (CEQA) and has
8-9
determined that the activity is not a ..Project" as detined under Section 15378 of the State
CEQA Guidelines because the project is for funding purposes only; therefore, pursuant to
Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA.
Although environmental review is not necessary at this time, once the project has been
defined, environmental review may be required and a CEQA determination completed
prior to commencing any development of the improvements identified.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Chula Vista as follows:
1. That it authorizes the filing of a grant application to the Caltrans Community-
Based Transportation Planning Grant Program for funds to assess City
infrastructure near Chula Vista Hills and Vista Square Elementary Schools.
2. That it authorizes the acceptance of the funds if granted.
3. That it certifies the commitment of matching funds.
Presented by
Approved as to fonn by
Leah Browder
Acting Engineering Director
0~ ()LL~-&;-
Ann Moore
City Attorney
Ann Hix
Acting Community Development Director
Jim Sandoval
Planning and Building Director
I-I\ENUINEER\rU:SOS\Resos200h\12-12-()()"TI-<ll1spOrlJtiol1 Plunnil1g Grant Reso Chub Vista Hills and Vista Square.doc
8-10
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COUNCIL AGENDA STATEMENT
Item
Meeting Date
q
12/12/06
ITEM TITLE:
Resolution Authorizing the filing of a grant application to the Caltrans
Community-Based transportation planning grant program for funds to assess
city infrastructure near Lauderbach and Montgomery Elementary Schools;
authorizing acceptance ofthe funds if granted, and certifying the commitment
of matching funds
Director of Engineering ,tb I\, t/
. C' 11 :{!
Intenm ltyManager 0' (4/5thsVote:Yes_No~
SUBMITTED BY:
REVIEWED BY:
BACKGROUND: The City has undertaken an effort to create a master Infrastructure
Management Program to inventory, assess, and prioritize the city's missing infrastructure. This grant
funding would support the City in working with the South Bay Partuership, to enhance the
community input phase of this effort and support critical planning activities such as community-
based walking audits centered around the city's 37 public elementary schools. Because Decision-
maker Conflicts exist in relation to five ofthe 37 public elementary schools, this Agenda Statement
is a companion item relating only to Lauderbach and Montgomery Elementary Schools.
RECOMMENDATION: That Council adopt the Resolution:
I. Authorizing the filing of a grant application to the Caltrans community-based transportation
planning grant program;
2. Authorizing acceptance of the funds if granted;
3. Certifying the commitment of matching funds.
BOARDS/COMMISSIONS: N/A
DISCUSSION:
The City's existing and planned transportation facilities vary dramatically in condition and
availability from the newly developing areas of the City to the older aging pre-smart growth
neighborhoods. The City Council frequently receives competing requests from the public for local
infrastructure improvements. An overwhelming proportion of citizen requests directly correlate with
the City Council's desire to ensure safe routes to schools. Public infrastructure and land use patterns
in neighborhoods near schools strongly influence the health and safety of our school children. They
influence neighborhood walkability, pedestrian and bicyclist safety, traffic circulation patterns and
speeds, public transit systems, multimodal choices, and community character and pride. These
issues, combined with a limited pool of resources for infrastructure improvements, now call for a
precise identification and prioritization of City pedestrian, bicycle, and traffic circulation
improvements through community-based master planning efforts.
J:\EngineerIAGENDAICAS2006\12-12-06\TransporlatlOn Planning Grant LAUDERBACH and
MONTGOMERY.doc
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Page 2, Item q
Meeting Date 12/12/06
To establish a long-term plan for prioritizing and funding improvements to the entire integrated
network of pedestrian and bicycle facilities, the City has embarked on a major comprehensive
initiative to inventory, assess, and master plan the City's infrastructure needs. The City believes that
the answer to finding a comprehensive and balanced approach to addressing local transportation
planning needs and funding priorities lies within its communities.. Included in the project's goals are
the following:
(I) Inventory and assess pedestrian infrastructure near schools;
(2) Initiate a comprehensive community-based specific transportation planning effort;
(3) Prioritize infrastructure needs and deficiencies near schools;
(4) Establish a Citywide infrastructure management program; and
(5) Develop and implement traffic-calming and other pedestrian-friendly practices.
The proposed project to inventory and prioritize the City's infrastructure dovetails with the City's
new Southwest Community Improvement Strategy (SWCIS). The Planning and Building
Department has been working closely with Community Development, Engineering, and other City
Departments to develop the SWCIS, which will take a comprehensive approach to specific planning
in Southwest Chula Vista. Components of the planning approach will include land uses, zoning,
public safety, building and code enforcement, public infrastructure, redevelopment, housing,
economic development, parks and other public facilities, social services, health care, and community
engagement and outreach.
Beginning with the Southwest area and eventually incorporating the entire City, the project will
focus on the 1-4-mile "buffer zones" surrounding each of the City's 37 public elementary schools (as
shown on Attachment I). Observations are that parents residing within these zones are more apt to
allow their children to walk to school, particularly if safe and adequate facilities are available for
walking and biking. Therefore, the first stakeholders to gain benefits from this project will be the
City's schoolchildren, their families, and their neighbors. Ultimately, the project will have positive
impacts for all residents.
A unique aspect of this project is its community-directed focus. Stakeholder organizations
participating in this planning project will include Healthy Eating, Active Communities (HEAC) and
Walk San Diego who have partnered as the South Bay Partnership. This partnership actively works
at the community level to reduce childhood obesity by promoting walkability and reducing reliance
on cars. The South Bay Partnership will be the City's key planning partner on this project. Other
stakeholders will include the recently formed Southwest Chula Vista Civic Association, the
Environmental Health Coalition, the Northwest Civic Association, and Crossroads. Local schools
(where the community meetings will take place) and school districts, parent faculty groups and
homeowners associations will have critical involvement throughout the process. Jurisdictional
stakeholders such as City Councilmembers, the City's redevelopment agency, and impacted City
departments such as Public Works and Police will benefit from well-targeted planning outcomes and
directives from this project. A City interdepartmental project team will provide oversight, general
project management, technical advisement, analysis, and report preparation. But the success ofthis
fully collaborative effort, including design aspects, is predicated on the scope and depth of South Bay
J:\EngineerIAGENDA\CAS2006\12-12-06\Transportation PlalUling Grant LAUDERBACH and
MONTGOMERY.doc
9-2
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Page 3, Item ~
Meeting Date 12/12/06
Partnership's community outreach, hands-on coordination of day-to-day community-level planning
activities, and ensuring that planned tasks are accomplished by the community.
Project Phasing and Planned Accomplishments: The planning project wiII be accomplished in
two phases. Phase I is not part of the grant proposal. It is an already-funded effort that is currently
underway. Phase I provides a technical baseline GIS-based assessment of the current state of the
City's pedestrian transportation infrastructure and preliminary cost estimates from the perspective of
elementary school attendance boundaries. City Council and City departments wiII receive a full
presentation of the infrastructure maps and estimated cost estimates for missing sidewalks, curbs,
gutters, ADA ped ramps, pavement and cross gutters, and other deficiencies. In addition, Phase I
will provide City Council with a fiscal analysis of current policy challenges; current prioritization
criteria and potential new considerations; current funding availability and allocations; alternate
applications of current revenue; and potential new revenue sources. Comments, concerns, and other
feedback from the initial presentations will be incorporated into the analyses. Aligrunent of the
proposed improvements with the principles of smart growth and sustainability will be emphasized
throughout all phases of the project.
South Bay Partnership and other community-based organizations listed above will be presented with
the baseline technical report of missing pedestrian and other facilities, and an inter-group/City
dialogue initiated. Over the next several months, the process will generate valuable input, to be
discussed and incorporated into the design and protocols for Phase II planning. Phase I will be
completed by June 2007.
Phase II, for which the City seeks grant funding, marks the beginning of commtmity engagement in
the transportation planning process. The now twice-improved infrastructure reports will be
presented at community meetings facilitated by the South Bay Partnership. Community meetings
will be held at each of the city's 37 neighborhood public elementary schools, beginning with
Southwest area schools. Residents wiII review the full range of infrastructure needs and share
thoughts regarding priorities in their neighborhoods given the overwhelming needs and limited
funding availability. The goal is to hear what missing infrastructure feels like to the people who live
in the area and whose children are trying to walk to school. This will allow the City Council to
consider how the community views and prioritizes missing sidewalks and other deficiencies as they
work through the tough financial decisions associated with infrastructure management choices.
These meetings would also explore community reaction to funding altematives. Input from these
meetings will help form the framework for creating mutually agreed upon protocols for the next
infrastructure assessment step. Using the protocols, the South Bay Partnership will next work with
the City and each of the 37 neighborhoods to complete a series of detailed neighborhood walking
audits. Data from the audits, together with the GIS inventory, the community meetings, and lessons
learned, will ultimately provide the basis for sound, responsive Citywide planning efforts. This
community outreach component will be the most far-reaching step ofthe project and is scheduled for
completion by February 2008.
From February 2008 through May 2008, City staff will work with the South Bay Partnership to
collect and analyze the considerable amount of data from the community outreach activities,
J:\EngineerIAGENDA\CAS2006\1 2-1 2-06\TransportatlOn Planning Grant LAUDERBACH and
MONTGOMER Ydoc
9-3
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Page 4, Item '1
Meeting Date 12/12/06
incorporate the new findings into an updated report and cost estimates, to be presented to City
Council and City departments. The report will also incorporate updated recommendations regarding
potential policy revisions; prioritization criteria and potential new considerations; funding
availability and allocations; alternate application of current revenue and potential new revenue
sources based on community input. City project management staff will await City Council direction
and feedback with regard to finalization of priority lists, refined project estimates, and
implementation of revenue strategies.
In the project's final step, the City would again work closely with the South Bay Partnership to return
to the community for final review and comment on the pedestrian infrastructure priority list and other
key aspects of the project. The additional community feedback will be incorporated before
publication ofthe final report and presentation to City Council for adoption and dissemination to the
public by December 2008. The City will then be well placed to implement the transportation
improvements, school zone by school zone, according to community-directed priorities.
Project Costs: The total estimated costs for the project are $302,000 (Attachment 2). Staff
proposes applying for $241,600 in project funding from the Caltrans Community-Based
Transportation Planning Grant Program to help meet those expenses. The grant program requires the
commitment of a minimum 20% City match ($60,400) oftotal project costs which staff recommends
providing as follows: half ($30,000) to come from Transportation Sales Tax (TransNet) funds
programmed within the School Zone Safety Program, and half ($30,400) provided in in-kind staff
services.
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 proj ect is for funding purposes only; therefore, pursuant to Section
15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Although
environmental review is not necessary at this time, once projects have been defined, environmental
review may be required and a CEQA determination completed prior to commencing any
development of the improvements identified.
DECISIONMAKER CONFLICTS: Staffhas reviewed the property holdings of the City Council
and has found that conflicts exist, in that Council Member Ramirez has property holdings within 500
feet of the boundaries of the Y, mile buffer zone around both Lauderbach and Montgomery
Elementary Schools which are the subject of this action.
FISCAL IMPACT: There is no impact to the General Fund from this action. If the resolution is
approved, the City will apply for Caltrans grant funding in the amount of$241,600, and commit
matching funds of$60,400 from a combination of Trans Net funds and in-kind staff services to meet
the City's total project cost of$302,000. Ifthe grant is awarded, staff will return to Council with a
recommendation to appropriate the grant funds and the match.
Attachments:
J:\EngineerIAGENDA\CAS2006\12-12-06\Transportation Planning Grant LAUDERBACH and
MONTGOMER Y.doc
9-4
Page 5, Item q
Meeting Date 12/12/06
1. City ofChula Vista Project Area
2. Cost Estimate - Community-Based Transportation Planning Grant
3. Letter of Support - South Bay Partnership
J :\EngineerIAGENDA \CAS2006\12-12-06\TransportatlOn Planmng Grant LAUD ERBACH and
MONTGOMERY.doc
9-5
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Page Z Item q
Meeting Date 12/12/06
Attachment 2
Estimated Project Costs.
Community-Based Transportation Planning Grant Project
Working Group City Project Manager, $ $ 3,900 $ 7,800
South Bay Partnership
Public City Project Manager,
Outreach/Community South Bay Partnership, $ 136,200 $ 0 $ 136,200
City Project Team
Walk Audits City Project Manager, $ 36,700 $ 0 $ 36,700
South Bay Partnership
Analysis of Findings City Project Team $ 30,000 $ 30,000 $ 60,000
Interim Report City Project Team $ 0 $ 11,300 $ 11 ,300
"......"--."--~---
City Project Team, $ 34,800 $ 15,200 $ 50,000
South Bay Partnership
Totals $ 241,600 $ 60,400 $ 302,000
J:IEngmeenAGENDAICAS2006112-12-06\Transportation Planning Grant LAUDERBACH and
MONTGOMER Ydoc
9-7
T
Attachment 3
Letter of Support - South Bay Partnership
page.B Item Cj
Meeting Date 12/12/06
n \outh Boy
I'clrtnersh! p
240u EA.':T F()
l':ATO:-;Al en,
C.\UFOR\-IA
91950-2099
(619-) 4:2-,i6(
A {omm\mitv mHabofdtion ~im~d at improvinq
health 311d w?ll-oRinq ill Soutn r~~ior. OfSdl'l Dirgu
October II, 2006
Mayor Stephen C. Padilla
City ofChula Vista
276 Fourth Avenue
Chula Vista, CA 91910
RE: Support for "Kids Walk and Bike to School- Phase II"
Dear Mayor Padilla,
The South Bay Partnership, a multi-level coalition focused on improving the health and quality of lif<
of residents throughout the South Region of San Diego County since 1996, supports the City Chul>
Vista's efforts in applying for a California Department of Transportation Community-Based Planninf;
grant. The grant will help promote a strong and healthy community in Chula Vista by suppomn,
innovative approaches to providing children and their families with easily accessible and highl)
efficient transportation options.
The proposed planning project would be conducted in coordination with the South Bay Partnership',
Healthy Eating, Active Communities (HEAC) initiative and key partner organizations, like Walk Sar
Diego (WSD). The HEAC initiative and WSD offer an expertise in community-focused public healtt
related to the build environment and community design. Their innovative approach has a specia
emphasis on designing physical activity environments that are also pedestrian and bicycle-friendly
The intent of our unique collaboration related to this project is to learn about infrastructure need,
surrounding each of the city's elementary schools, through the lens of the stakeholders and residen
groups. Our successful collaboration will produce a series of comprehensive walking audits that coul,
then be used as the framework for well-targeted infrastructure planning.
In recent years, the City of Chula Vista has worked closely with other expert entities such as Caltran,
and the San Diego Association of Govemments (SANDAG), to align infrastructure development wit!
smart growth principles, which encourage and promote walkability and bike friendly routes nea:
schools. We applaud the City's efforts to work closely with HEAC and WSD in providing,
comprehensive system of walk able corridors, which in turn "ill promote healthy lifestyles and reduc,
childhood obesity,
We feel that this project \ViII not only serve as a model for localized, child-focused transportatior
plarming for other communities throughout the Slate, but will provide immeasurable benefits to lh,
families living in this community.
J'ncere~, r,,'
0A .I
'IJJJ- ,I '1 ~'
na Rich s \ tzIf7.---
Director
9-8
T
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE
FlUNG OF A GRANT APPLICATION TO THE
CAL TRANS COMMUNITY - BASED
TRANSPORT A TION PLANNING GRA.NT PROGRAM
FOR FUNDS TO ASSESS CITY INFRASTRUCTURE
NEAR LAUDERBACH AND MONTGOMERY
ELEMENTARY SCHOOLS; AUTHORIZING
ACCEPT ANCE OF THE FUNDS IF GRANTED, AND
CERTIFYING THE COMMITMENT OF MATCHING
FUNDS.
WHEREAS. the City's eXlstll1g and planned transportation facilities vary
dramatically in condition and availability from the newly developing areas of the City to
the older aging pre-smart growth neighborhoods; and
WHEREAS, the City receives frequent requests from residents for local
infrastructure improvements, an overwhelming proportion of which correlate with the
City Council's desire to ensure safe routes to schooL and
WHEREAS, there is a limited pool of funding resources for infrastructure
i mprovel11ents; and
WHEREAS, the proposed project would establish a long-ternl plan for
prioritizing and funding improvements for the !4-mile walking zones sutTounding
Lauderbach and Montgomery Elementary Schools; and
WHEREAS, the critical importance of community direction, ideas, and input is
recognized; and
WHEREAS, the South Bay Partnership will be the City's key planning partner on
the proposed project; and
WHEREAS, staff recommends applying for a grant from the Caltrans
Community-Based Transpol1ation Planning Grant Program to help offset estimated
project costs; and
WHEREAS, grant requirements include City Council certification that matching
funds are available and committed for the project; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
activity for compliance with the California Environmental Quality Act (CEQA) and has
9-9
~
detem1ined that the activity is not a --Project" as detined under Section 15378 of the State
CEQA Guidelines because the project is for funding purposes only; therefore, pursuant to
Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA.
Although environmental review is not necessary at this time, once projects have been
defined, environmental review may be required and a CEQA determination completed
prior to commencing any development of the improvements identified.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Chula Vista as follows:
1. That it authorizes the tiling of a grant application to the Caltrans Community-
Based Transportation Planning Grant Program for funds to assess City
infrastructure near Lauderbach and Montgomery Elementary Schools.
7 That it authorizes the acceptance of the funds if granted.
3. That it certifies the commitment of matching funds.
Presented by
Approved as to form by
~~ ()~,--,~--:L
Ann Moore
City Attomey
Scott Tulloch
Engineering Director
Ann Hix
Acting Community Development Director
Jim Sandoval
Planning and Building Director
1-1:\ENCiIN EER\RESOS\Re~()s20()()\12-12-()()\Tral1spOnUlioll Plulll1ing Gt-:lllt Resu Lauderbuch and t'vlontgolllery.doc
9-10
T
COUNCIL AGENDA STATEMENT
Item
Meeting Date
\0
12/12/06
ITEM TITLE:
Resolution Authorizing the filing of a grant application to the Caltrans
Community-Based transportation planning grant program for funds to assess
city infrastructure near Halecrest Elementary School; authorizing acceptance
of the funds if granted, and certifYing the commitment of matching funds
Director ofEngineering~ b{
In . C. M ~~
tenm Ity anager jl
(4/5ths Vote: Yes_No.1l)
SUBMITTED BY:
REVIEWED BY:
BACKGROUND: The City has undertaken an effort to create a master Infrastructure
Management Program to inventory, assess, and prioritize the city's missing infrastructure. This grant
funding would support the City in working with the South Bay Partnership, to enhance the
community input phase of this effort and support critical planning activities such as community-
based walking audits centered around the city's 37 public elementary schools. Because Decision-
maker Conflicts exist in relation to five of the 37 public elementary schools, this Agenda Statement
is a companion item relating only to Halecrest Elementary School.
RECOMMENDATION: That Council adopt the Resolution:
I. Authorizing the filing of a grant application to the Caltrans community-based transportation
planning grant program;
2. Authorizing acceptance of the funds if granted;
3. Certifying the commitment of matching funds.
BOARDS/COMMISSIONS: N/A
DISCUSSION:
The City's existing and planned transportation facilities vary dramatically in condition and
availability from the newly developing areas of the City to the older aging pre-smart growth
neighborhoods. The City Council frequently receives competing requests from the public for local
infrastructure improvements. An overwhelming proportion of citizen requests directly correlate with
the City Council's desire to ensure safe routes to schools. Public infrastructure and land use patterns
in neighborhoods near schools strongly influence the health and safety of our school children. They
influence neighborhood walkability, pedestrian and bicyclist safety, traffic circulation patterns and
speeds, public transit systems, multimodal choices, and community character and pride. These
issues, combined with a limited pool of resources for infrastructure improvements, now call for a
precise identification and prioritization of City pedestrian, bicycle, and traffic circulation
improvements through community-based master planning efforts.
J :IEngineerIAGENDAICAS20061 12-12-06ITransportalion Plannmg Grant HALECREST.doc
10-1
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Page 2, Item \0
Meeting Date 12/12/06
To establish a long-term plan for prioritizing and funding improvements to the entire integrated
network of pedestrian and bicycle facilities, the City has embarked on a major comprehensive
initiative to inventory, assess, and master plan the City's infrastructure needs. The City believes that
the answer to finding a comprehensive and balanced approach to addressing local transportation
planning needs and funding priorities lies within its communities.. Included in the project's goals are
the following:
(1) Inventory and assess pedestrian infrastructure near schools;
(2) Initiate a comprehensive community-based specific transportation planning effort;
(3) Prioritize infrastructure needs and deficiencies near schools;
(4) Establish a Citywide infrastructure management program; and
(5) Develop and implement traffic-calming and other pedestrian-friendly practices.
The proposed project to inventory and prioritize the City's infrastructure dovetails with the City's
new Southwest Community Improvement Strategy (SWCIS). The Planning and Building
Department has been working closely with Community Development, Engineering, and other City
Departments to develop the SWCIS, which will take a comprehensive approach to specific planning
in Southwest Chula Vista. Components of the planning approach will include land uses, zoning,
public safety, building and code enforcement, public infrastructure, redevelopment, housing,
economic development, parks and other public facilities, social services, health care, and community
engagement and outreach.
Beginning with the Southwest area and eventually incorporating the entire City, the project will
focus on the !I.-mile "buffer zones" surrounding each of the City's 37 public elementary schools (as
shown on Attachment I). Observations are that parents residing within these zones are more apt to
allow their children to walk to school, particularly if safe and adequate facilities are available for
walking and biking. Therefore, the first stakeholders to gain benefits from this project will be the
City's schoolchildren, their families, and their neighbors. Ultimately, the project will have positive
impacts for all residents.
A unique aspect of this project is its community-directed focus. Stakeholder organizations
participating in this planning project will include Healthy Eating, Active Communities (HEAC) and
Walk San Diego who have partnered as the South Bay Partnership. This partnership actively works
at the community level to reduce childhood obesity by promoting walkability and reducing reliance
on cars. The South Bay Partnership will be the City's key planning partner on this project. Other
stakeholders will include the recently formed Southwest Chula Vista Civic Association, the
Environmental Health Coalition, the Northwest Civic Association, and Crossroads. Local schools
(where the community meetings will take place) and school districts, parent faculty groups and
homeowners associations will have critical involvement throughout the process. Jurisdictional
stakeholders such as City Councilmembers, the City's redevelopment agency, and impacted City
departments such as Public Works and Police will benefit from well-targeted planning outcomes and
directives from this project. A City interdepartmental project team will provide oversight, general
project management, technical advisement, analysis, and report preparation. But the success ofthis
fully collaborative effort, including design aspects, is predicated on the scope and depth of South Bay
J :\Engmeer\AGENDA\CAS2006\1 2-12-06\Transportation Planning Grant HALECREST.doc
10-2
Page 3, Item \ 0
Meeting Date 12/12/06
Partnership's community outreach, hands-on coordination of day-to-day community-level planning
activities, and ensuring that planned tasks are accomplished by the community.
Project Phasing and Planned Accomplishments: The planning project will be accomplished in
two phases. Phase I is not part ofthe grant proposal. It is an already-funded effort that is currently
underway. Phase I provides a technical baseline GIS-based assessment of the current state of the
City's pedestrian transportation infrastructure and preliminary cost estimates from the perspective of
elementary school attendance boundaries. City Council and City departments will receive a full
presentation of the infrastructure maps and estimated cost estimates for missing sidewalks, curbs,
gutters, ADA ped ramps, pavement and cross gutters, and other deficiencies. In addition, Phase I
will provide City Council with a fiscal analysis of current policy challenges; current prioritization
criteria and potential new considerations; current funding availability and allocations; alternate
applications of current revenue; and potential new revenue sources. Comments, concerns, and other
feedback from the initial presentations will be incorporated into the analyses. Aligrunent of the
proposed improvements with the principles of smart growth and sustainability will be emphasized
throughout all phases of the project.
South Bay Partnership and other community-based organizations listed above will be presented with
the baseline technical report of missing pedestrian and other facilities, and an inter-group/City
dialogue initiated. Over the next several months, the process will generate valuable input, to be
discussed and incorporated into the design and protocols for Phase II planning. Phase I will be
completed by June 2007.
Phase II, for which the City seeks grant funding, marks the beginning of community engagement in
the transportation planning process. The now twice-improved infrastructure reports will be
presented at community meetings facilitated by the South Bay Partnership. Community meetings
will be held at each of the city's 37 neighborhood public elementary schools, beginning with
Southwest area schools. Residents will review the full range of infrastructure needs and share
thoughts regarding priorities in their neighborhoods given the overwhelming needs and limited
funding availability. The goal is to hear what missing infrastructure feels like to the people who live
in the area and whose children are trying to walk to school. This will allow the City Council to
consider how the community views and prioritizes missing sidewalks and other deficiencies as they
work through the tough financial decisions associated with infrastructure management choices.
These meetings would also explore community reaction to funding alternatives. Input from these
meetings will help form the framework for creating mutually agreed upon protocols for the next
infrastructure assessment step. Using the protocols, the South Bay Partnership will next work with
the City and each of the 37 neighborhoods to complete a series of detailed neighborhood walking
audits. Data from the audits, together with the GIS inventory, the community meetings, and lessons
learned, will ultimately provide the basis for sound, responsive Citywide planning efforts. This
community outreach component will be the most far-reaching step oftheproject and is scheduled for
completion by February 2008.
From February 2008 through May 2008, City staff will work with the South Bay Partnership to
collect and analyze the considerable amount of data from the community outreach activities,
J:\Engllleer\AGE:'lDA\CAS2006\ 12-12-06\Transportation PlannIng Grant HALECREST.doc
10-3
T
Page 4, Item I 0
Meeting Date 12/12/06
incorporate the new findings into an updated report and cost estimates, to be presented to City
Council and City departments. The report will also incorporate updated recommendations regarding
potential policy revisions; prioritization criteria and potential new considerations; funding
availability and allocations; alternate application of current revenue and potential new revenue
sources based on community input. City proj ect management staff will await City Council direction
and feedback with regard to finalization of priority lists, refined project estimates, and
implementation ofrevenue strategies.
In the project's final step, the City would again work closely with the South Bay Partnership to retum
to the community for final review and comment on the pedestrian infrastructure priority list and other
key aspects of the project. The additional community feedback will be incorporated before
publication of the final report and presentation to City Council for adoption and dissemination to the
public by December 2008. The City will then be well placed to implement the transportation
improvements, school zone by school zone, according to community-directed priorities.
Project Costs: The total estimated costs for the project are $302,000 (Attachment 2). Staff
proposes applying for $241,600 in project funding from the Caltrans Community-Based
Transportation Planning Grant Program to help meet those expenses. The grant program requires the
commitment of a minimum 20% City match ($60,400) of total project costs which staff recommends
providing as follows: half ($30,000) to come from Transportation Sales Tax (TransNet) funds
programmed within the School Zone Safety Program, and half ($30,400) provided in in-kind staff
servIces.
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 project is for funding purposes only; therefore, pursuant to Section
15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Although
environmental review is not necessary at this time, once projects have been defined, environmental
review may be required and a CEQA determination completed prior to commencing any
development of the improvements identified.
DECISIONMAKER CONFLICTS Staff has reviewed the property holdings of the City Council
and has found that conflicts exist, in that Mayor Cox has property holdings within 500 feet of the
boundaries of the V. mile buffer zone around Halecrest Elementary School which is the subject of
this action.
FISCAL IMPACT: There is no impact to the General Fund from this action. If the resolution is
approved, the City will apply for Caltrans grant funding in the amount of $241,600, and commit
matching funds of$60,400 from a combination of Trans Net funds and in-kind staff services to meet
the City's total project cost of$302,000. If the grant is awarded, staff will return to Council with a
recommendation to appropriate the grant funds and the match.
Attachments:
J:IEngmeerIAGENDAICAS20061 12-12-06ITransportatlon Planmng Grant HALECREST.doc
10-4
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Page 5, Item lO
Meeting Date 12/12/06
1. City ofChula Vista Project Area
2. Cost Estimate - Community-Based Transportation Planning Grant
3. Letter of Support - South Bay Partnership
J\Engmeer\AGENDA \CAS2006\ 12-12-06\1 ransportatlOn Planning Grant HALECREST.doc
10-5
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10-6
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Page 7 Item ( 0
Meeting Date 12/12/06
Attachment 2
Estimated Project Costs.
Community-Based Transportation Planning Grant Project
Working Group City Project Manager, $ $ $ 7,800
South Bay Partnership
Public City Project Manager,
Outreach/Community South Bay Partnership, $ 136,200 $ $ 136,200
City Project Team
Walk Audits City Project Manager, $ 36,700 $ 0 $ 36,700
South Bay Partnership
Analysis of Findings City Project Team $ 30,000 $ 30,000 $ 60,000
Interim Report City Project Team $ 0 $ 11,300 $ 11,300
Final Community City Project Team, $ 34,800 $ 15,200 $ 50,000
Meetings and Report South Bay Partnership
Totals $ 241,600 $ 60,400 $ 302,000
J:\Engineer\AGENDA\CAS2006\ 12-12-06\Transportation Planmng Grant HALECREST.doc
10-7
Attachment 3
Letter of Support - South Bay Partnership
Page ~ Item \'0
Meeting Date 12/12/06
~ \outh Boy
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A wmmuility (1)1!~bordtjon ~jm<,d at impromq
he~lth dud 'Nrll-~1nq III South r~qior. ot~1l Ojpgn
Oerober 11, 2006
Mayor Stephen C. Padilla
City ofChula Vista
276 Fourth Avenue
Chula Vista, CA 91910
RE: Support for "Kids Walk and Bike to School- Phase Il"
Dear Mayor Padilla,
The South Bay Partnership, a multi-level coalition focused on improving the health and quality of lif,
of residents throughout the South Region of San Diego County since 1996, supports the City Chulf
Vista's efforts in applying for a California Department o/Tran.sportation Community-Based Plannill,
grant. The grant will help promote a strong and healthy community in Chula Vista by supportin~
innovative approaches to providing children and their families vvith easily accessible and highl)
efficient transportation options.
The proposed planning project would be conducted in coordination with the South Bay Partnership',
Healthy Eating~ Active Communities (HEAC) initiative and key partner organizations, like Walk Sa!
Diego (WSD). The HEAC initiative and WSD offer an expertise in community-focused public healll
related to the build environment and community design. Their innovative approach has a specia
emphasis on designing physical activity environments that are also pedestrian and bicycle-friendly
The intent of our unique collaboration related to this project is to learn about infrastructure need,
surrounding each of the city's elementary schools, through the lens of the stakeholders and residen
groups. Our successful collaboration will produce a series of comprehensive walking audits that couIc
then be used as the framework for well-targeted infrastructure planning.
In recent years, the City of Chula Vista has worked closely with other expert entities such as Caltrani
and the San Diego Association of Governments (SANDAG), to align infrastructure development witl
smart growth principles, which encourage and promote walkabihty and bike friendly routes nea:
schools. We applaud the City's efforts to work closely with HEAC and WSD in providing,
comprehensive system of walkable corridors~ which in turn \vill promote healthy lifestyles and reduc(
childhood obesity.
We feel that this project will not only serve as a model for localized, child-focused transportatior
planning for other communities throughout the State, but wi.ll provide immeasurable benefits to th(
families living in this community.
Jincere~ () I
.~"~~'th__
D1rector '
10-8
T
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE
FlUNG OF A GRANT APPUCATION TO THE
C AL TRi\NS COMMUNI'fY -BASED
TRANSPORTA TION PLANNING GRANT PROGRAM
FOR FUNDS TO ASSESS CITY INFRASTRUCTURE
NEAR HALECREST ELEMENTARY SCHOOL;
AUTHORIZING ACCEPTANCE OF THE FUNDS IF
GRANTED, AND CERTIFYING THE COMMITMENT
OF MATCHING F~'DS.
WHEREAS, the City's existing and planned transportation facilities vary
dramatically in condition and availability li'om the newly developing areas of the City to
the older aging pre-smart growth neighborhoods; and
WHEREAS, the City receives frequent requests from residents for local
infrastructure improvements, an overwhelming proportion of which correlate with the
City Council's desire to ensure safe routes to school; and
WHEREAS, there is a limited pool of funding resources for infrastructure
improvements; and
WHEREAS, the proposed project would establish a long-term plan for
prioritizing and funding improvements for the YHlli1e walking zones sUlTounding
Halecrest Elementary School; and
WHEREAS, the critical importance of community direction, ideas, and input is
recognized; and
WHEREAS, the South Bay Partnership will be the City's key planning partner on
the proposed project; and
WHEREAS, staff recommends applying for a grant from the Caltrans
Community-Based Transportation Planning Grant Program to help offset estimated
project costs; and
WHEREAS, grant requirements include City Council certification that matching
funds are available and committed for the project; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
activity for compliance with the Califomia Enviromnental Quality Act (CEQA) and has
determined that the activity is not a "Project" as detined under Section 15378 of the State
10-9
T
CEQA Guidelines because the project is for funding purposes only; therefore, pursuant to
Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA.
Although environmental review is not necessary at this time, once projects have been
defined, environmental review may be required and a CEQA determination completed
prior to commencing any development of the improvements identified.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Chula Vista as follows:
I. That it authorizes the filing of a grant application to the Caltrans Community-
Based Transportation Planning Grant Program for funds to assess City
infrastructure near Halecrest Elementary School.
2. That it authorizes the acceptance ofthe funds if granted.
3. That it certifies the commitment of matching funds.
Presented by
Approved as to fonn by
Scott Tulloch
Engineering Director
~j lL~~~
. '~~} I. ',-- /C.~-0
Ann Moore
City Attomey
Ann Hix
Acting Community Development Director
Jim Sandoval
Planning and Building Director
H:\ENGINEER\RESOS\Rcsns2()(J()\12-12-(J()",Tr:.lIlspnrlutiull ['l<lnning C;rUllt Reso HulecresuJoc
10-10
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COUNCIL AGENDA STATEMENT
Item
Meeting Date
\1
12/12/06
ITEM TITLE: Resolution authorizing the filing of a grant application to the
Caltrans community-based transportation planning grant program for funds to
assess city infrastructure near public elementary schools; authorizing
acceptance of the funds if granted; and certifying the commitment of
matching funds.
SUBMITTED BY: Director of Engineering~~ p'( #
Acting Community Developmen~ector
Planning and Building Director
~
REVIEWED BY: Interim City Manager d j (4/5ths Vote: Yes _No2L)
BACKGROUND: The City has undertaken an effort to create a master Infrastructure
Management Program to inventory, assess, and prioritize the city's missing infrastructure. This grant
funding would support the City in working with the South Bay Partnership, to enhance the
community input phase of this effort and support critical planning activities such as community-
based walking audits centered around the city's 37 public elementary schools. Because Decision
maker Conflicts exist in relation to five of the 37 public elementary schools, tonight's Agenda also
includes companion Agenda Statements addressing those five schools.
RECOMMENDATION: That Council adopt the Resolution:
I. Authorizing the filing of a grant application to the Caltrans community-based transportation
planning grant program;
2. Authorizing acceptance of the funds if granted;
3. Certifying the commitment of matching funds.
BOARDS/COMMISSIONS: N/A
DISCUSSION:
The City's existing and planned transportation facilities vary dramatically in condition and
availability from the newly developing areas of the City to the older aging pre-smart growth
neighborhoods. The City Council frequently receives competing requests from the public for local
infrastructure improvements. An overwhelming proportion of citizen requests directly correlate with
the City Council's desire to ensure safe routes to schools. Public infrastructure and land use patterns
in neighborhoods near schools strongly influence the health and safety of our school children. They
influence neighborhood walkability, pedestrian and bicyclist safety, traffic circulation patterns and
speeds, public transit systems, multimodal choices, and community character and pride. These
issues, combined with a limited pool of resources for infrastructure improvements, now call for a
J :\EngineerIAG ENDA \CAS2006\ 12-l2-06\Transportation Planning Grant.doc
11-1
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Page 2, Item---4--
Meeting Date 12/12/06
precise identification and pnontJzation of City pedestrian, bicycle, and traffic circulation
improvements through community-based master planning efforts.
To establish a long-term plan for prioritizing and funding improvements to the entire integrated
network of pedestrian and bicycle facilities, the City has embarked on a major comprehensive
initiative to inventory, assess, and master plan the City's infrastructure needs. The City believes that
the answer to finding a comprehensive and balanced approach to addressing local transportation
planning needs and funding priorities lies within its communities. Included in the project's goals are
the following:
(1) Inventory and assess pedestrian infrastructure near schools;
(2) Initiate a comprehensive community-based specific transportation planning effort;
(3) Prioritize infrastructure needs and deficiencies near schools;
(4) Establish a Citywide infrastructure management program; and
(5) Develop and implement traffic-calming and other pedestrian-friendly practices.
The proposed project to inventory and prioritize the City's infrastructure dovetails with the City's
new Southwest Community Improvement Strategy (SWCIS). The Planning and Building
Department has been working closely with Community Development, Engineering, and other City
Departments to develop the SWCIS, which will take a comprehensive approach to specific planning
in Southwest Chula Vista. Components of the planning approach will include land uses, zoning,
public safety, building and code enforcement, public infrastructure, redevelopment, housing,
economic development, parks and other public facilities, social services, health care, and community
engagement and outreach.
Beginning with the Southwest area and eventually incorporating the entire City, the project will
focus on the Y<-mile "buffer zones" surrounding each of the City's 37 public elementary schools (as
shown on Attachment I). Observations are that parents residing within these zones are more apt to
allow their children to walk to school; particularly if safe and adequate facilities are available for
walking and biking. Therefore, the first stakeholders to gain benefits from this project will be the
City's schoolchildren, their families, and their neighbors. Ultimately, the project will have positive
impacts for all residents.
A unique aspect of this project is its community-directed focus. Stakeholder organizations
participating in this planning project will include Healthy Eating, Active Communities (HEAC) and
Walk San Diego who have partnered as the South Bay Partnership. This partnership actively works
at the community level to reduce childhood obesity by promoting walkability and reducing reliance
on cars. The South Bay Partnership will be the City's key planning partner on this project. Other
stakeholders will include the recently formed Southwest Chula Vista Civic Association, the
Environmental Health Coalition, the Northwest Civic Association, and Crossroads. Local schools
(where the community meetings will take place) and school districts, parent faculty groups and
homeowners associations will have critical involvement throughout the process. Jurisdictional
stakeholders such as City Cauncilmembers, the City's redevelopment agency, and impacted City
departments such as Public Warks and Police will benefit from well-targeted planning outcomes and
J :\Engineer\AGENDA \CAS2006\ 12-12-06\ TransportatIOn Planning Grant.doc
11-2
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Page 3, Item \ \
Meeting Date 12/12/06
directives from this project. A City interdepartmental project team will provide oversight, general
project management, technical advisement, analysis, and report preparation. But the success of this
fully collaborative effort, including design aspects, is predicated on the scope and depth of South Bay
Partnership's community outreach, hands-on coordination of day-to-day community-level planning
activities, and ensuring that planned tasks are accomplished by the community.
Project Phasing and Planned Accomplishments: The planning project will be accomplished in
two phases. Phase I is not part of the grant proposal. It is an already-funded effort that is currently
underway. Phase I provides a technical baseline GIS-based assessment of the current state of the
City's pedestrian transportation infrastructure and preliminary cost estimates from the perspective of
elementary school attendance boundaries. City Council and City departments will receive a full
presentation of the infrastructure maps and estimated cost estimates for missing sidewalks, curbs,
gutters, ADA ped ramps, pavement and cross gutters, and other deficiencies. In addition, Phase I
will provide City Council with a fiscal analysis of current policy challenges; current prioritization
criteria and potential new considerations; current funding availability and allocations; alternate
applications of current revenue; and potential new revenue sources. Comments, concerns, and other
feedback from the initial presentations will be incorporated into the analyses. Alignment of the
proposed improvements with the principles of smart growth and sustainability will be emphasized
throughout all phases of the project.
South Bay Partnership and other community-based organizations listed above will be presented with
the baseline technical report of missing pedestrian and other facilities, and an inter-group/City
dialogue initiated. Over the next several months, the process will generate valuable input, to be
discussed and incorporated into the design and protocols for Phase II planning. Phase I will be
completed by June 2007.
Phase II, for which the City seeks grant funding, marks the beginning of community engagement in
the transportation planning process. The now twice-improved infrastructure reports will be
presented at community meetings facilitated by the South Bay Partnership. Community meetings
will be held at each of the city's 37 neighborhood public elementary scbools, beginning with
Southwest area schools. Residents will review the full range of infrastructure needs and share
thoughts regarding priorities in their neighborhoods given the overwhelming needs and limited
funding availability. The goal is to hear what missing infrastructure feels like to the people who live
in the area and whose children are trying to walk to school. This will allow the City Council to
consider how the community views and prioritizes missing sidewalks and other deficiencies as they
work through the tough financial decisions associated with infrastructure management choices.
These meetings would also explore community reaction to funding alternatives. Input from these
meetings will help form the framework for creating mutually agreed upon protocols for the next
infrastructure assessment step. Using the protocols, the South Bay Partnership will next work with
the City and each of the 37 neighborhoods to complete a series of detailed neighborhood walking
audits. Data from the audits, together with the GIS inventory, the community meetings, and lessons
learned, will ultimately provide the basis for sound, responsive Citywide planning efforts. This
community outreach component will be the most far-reaching step ofthe project and is scheduled for
completion by February 2008.
J :\Engineer\AGENDA \CAS2006\ 12-12-06\Transportation Plaruung Grantdoc
11-3
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Page 4, Item \ ~
Meeting Date 12/12/06
From February 2008 through May 2008, City staff will work with the South Bay Partnership to
collect and analyze the considerable amount of data from the community outreach activities,
incorporate the new findings into an updated report and cost estimates, to be presented to City
Council and City departments. The report will also incorporate updated recommendations regarding
potential policy revisions; prioritization criteria and potential new considerations; funding
availability and allocations; alternate application of current revenue and potential new revenue
sources based on community input. City project management staff will await City Council direction
and feedback with regard to finalization of priority lists, refined project estimates, and
implementation of revenue strategies.
In the project's final step, the City would again work closely with the South Bay Partnership to return
to the community for final review and comment on the pedestrian infrastructure priority list and other
key aspects of the project. The additional community feedback will be incorporated before
publication ofthe final report and presentation to City Council for adoption and dissemination to the
public by December 2008. The City will then be well placed to implement the transportation
improvements, school zone by school zone, according to community-directed priorities.
Project Costs: The total estimated costs for the project are $302,000 (Attachment 2). Staff
proposes applying for $241,600 in project funding from the Caltrans Community-Based
Transportation Planning Grant Program to help meet those expenses. The grant program requires the
commitment of a minimum 20% City match ($60,400) oftotal project costs which staff recommends
providing as follows: half ($30,000) to come from Transportation Sales Tax (TransNet) funds
programmed within the School Zone Safety Program, and half ($30,400) provided in in-kind staff
services.
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 proj ect is for funding purposes only; therefore, pursuant to Section
15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Although
environmental review is not necessary at this time, once projects have been defined, environmental
review may be required and a CEQA determination completed prior to commencing any
development of the improvements identified.
DECISIONMAKER CONFLICTS: Staff has reviewed the property holding of the City Council
and has found no property holding within 500 feet of the boundaries of the property that is the
subject ofthis action.
FISCAL IMPACT: There is no impact to the General Fund from this action. If the resolution is
approved, the City will apply for Caltrans grant funding in the amount of $241 ,600, and commit
matching funds of$60,400 from a combination of Trans Net funds and in-kind staff services to meet
the City's total project cost of$302,000. If the grant is awarded, staff will return to COlmcil with a
recommendation to appropriate the grant funds and the match.
J: IEngllleerlAGENDAICAS20061 12-12-06\Transporlation Planmng Grant.doc
11-4
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Attachments:
Page 5, Item \ \
Meeting Date 12/12/06
I. City of Chula Vista Project Area
2. Cost Estimate - Community-Based Transportation Planning Grant
3. Letter of Support - South Bay Partnership
J :\EngmeerIAGENDA \CAS2006\ 12-12-06\Transportation Plannmg Grant.doc
11-5
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11-6
T
Page 7 Item \ \
Meeting Date 12/12/06
Attachment 2
Estimated Project Costs.
Community-Based Transportation Planning Grant Project
Working Group City Project Manager, $ $ 3,900 $ 7,800
South Bay Partnership
Public City Project Manager,
Outreach/Community South Bay Partnership, $ $ 0 $ 136,200
City Project Team
Walk Audits City Project Manager, $ $ 0 $ 36,700
South Bay Partnership
Analysis of Findings City Project Team $ $ 30,000 $ 60,000
Interim Report City Project Team $ $ 11,300 $ 11,300
Final Community City Project Team, $ 34,800 $ 15,200 $ 50,000
Meetings and Re ort South Bay Partnership
Totals $ 241,600 $ 60,400 $ 302,000
J:\Engineer\AGENDA\CAS2006\12-12-06\Transportation Planmng Grant.doc
11-7
Attachment 3
Letter of Support - South Bay Partnership
Page B Item \ \
Meeting Date 12/12/06
r5~outh Bay
YOrtnersh!p
2'iC~") E\ST Po
[\,>{EO"i.c\L CT'
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919,){}-2')99
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A (cmmlJliHv wlldDoratian 3imeJ Jt improvinq
beilltnal1dweIHfinqm).}uthreqtOliafSallD'Ieqa
October II, 2006
Mayor Stephen C. Padilla
City ofChula Vista
276 Fourth Avenue
Chula Vista, CA 91910
RE: Support for "Kids Walk and Bike to Schoo/- Phase IF'
Dear Mayor Padilla,
The South Bay Partnership, a multi-level coalition focused on improving the health and quality of lif,
of residents throughout the South Region of San Diego County since 1996, supports the City Chuk
Vista's efforts in applying for a California Department of Transportation Community-Based Planninr,
grant. The grant will help promote a strong and healthy community in Chula Vista by supportin,
innovative approaches to providing children and their families with easily accessible and highl]
efficient transportation options.
The proposed planning project would be conducted in coordination with the South Bay Partnership',
Healthy Eating, Active Communities (HEAC) initiative and key partner organizations, like Walk Sat
Diego (WSD). The HEAC initiative and WSD offer an expertise in community-focused public healtl
related to the build environment and community design. Their innovative approach has a specia
emphasis on designing physical activity environments that are also pedestrian and bicycle-friendly
The intent of our unique collaboration related to this project is to learn about infrastructure need,
surrounding each of the city's elementary schools, through the lens of the stakeholders and residen
groups. Our successful collaboration will produce a series of comprehensive walking audits that coul,
then be used as the framework for well-targeted infrastructure planning.
1n recent years, the City of Chula Vista has worked closely with other expert entities such as Caltran:
and the San Diego Association of Governments (SANDAG), to align infrastructure development "it!
smart gro"\\w principles, which encourage and promote walkabiliry and bike friendly routes nea:
schools. We applaud the City's efforts to work closely with HEAC and WSD in providing,
comprehensive system of walkable conidors, which in turn \vill promote healthy lifestyles and redue,
childhood obesity.
We feel that this project "ill not only serve as a model for localized, child-focused transportatiol
planning for other communities throughout the State, but will provide immeasurable benefits to the
families living in this community.
Jm'~'I? /) I
a 4h~S~ ~ 'th____
_. Director
11-8
T
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE
FlLING OF A GRANT APPUCATION TO THE
CALTRANS COMMUNI'I'Y-BASED
TRANSPORT A TION PLANNING GRANT PROGRAM
FOR FUNDS TO ASSESS CITY INFRASTRUCTURE
NEAR PUBLIC ELEMENTARY SCHOOLS;
AUTHORIZING ACCEPTANCE OF THE FUNDS IF
GRANTED, AND CERTIFYING THE COMMITMENT
OF MATCHING FUNDS.
WHEREAS. the City's existing and planned transportation facilities vary
dramatically in condition and availability from the newly developing areas of the City to
the older aging pre-smart growth neighborhoods; and
WHEREAS, the City receives frequent requests from residents for local
infrastructure improvements, an overwhelming proportion of which correlate with the
City Council's desire to ensure safe routes to school; and
WHEREAS, there is a limited pool of funding resources for infrastructure
improvements; and
WHEREAS, the proposed project would establish a 10ng-tenTI plan for
prioritizing and funding improvements for the YH11ile walking zones surrounding public
elementary schools; and
WHEREAS, the critical importance of community direction, ideas, and input is
recognized; and
WHEREAS. the South Bay Partnership will be the City's key planning partner on
the proposed project; and
WHEREAS. staff recommends applying for a grant from the Caltrans
Community-Based Transportation Planning Grant Program to help offset estimated
project costs; and
WHEREAS, grant requirements include City Council certification that matching
funds are available and committed for the project; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
activity for compliance with the California Environmental Quality Act (CEQA) and has
determined that the activity is not a "Project" as defined under Section 15378 of the State
11-9
CEQA Guidelines because the project is for tlmding purposes only; therefore, pursuant to
Section 15060(c)(J) of the State CEQA Guidelines the activity is not subject to CEQA
Although environmental review is not necessary at this time, once projects have been
defined, environmental review may be required and a CEQA determination completed
prior to commencing any developlnent of the improvements identified.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Chula Vista as follows:
t. That it authorizes the filing of a grant application to the Caltrans Community-
Based Transportation Planning Grant Program for funds to assess City
infrastructure near public elementary schools.
2. That it authorizes the acceptance of the funds if granted.
3. That it certifies the commitment of matching funds.
Presented by
Approved as to fonn by
Scott Tulloch
Engineering Director
~p cl /1 ~-I---
~ ()I~--C~A_-u
Ann Moore
City Attorney
Arm Hix
Acting Community Development Director
Jim Sandoval
Planning and Building Director
II :\[NC-,1)\iEER\RESOS\Resos200()\ I ~-12-()()\TI':.ll1spl1rt:.lti(1I1 Planning (lr:lI1t R~sl1_doc
11-10
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COUNCIL AGENDA STATEMENT
Item:
Meeting Date:
)2.
12/12/2006
ITEM TITLE:
RESOLUTION ACCEPTING $3,900 FROM THE SAN
DIEGO COUNTY LAW ENFORCEMENT FOUNDATION
AND APPROPRIATING $3,900 TO THE FY2007 POLICE
DEPARTMENT SUPPLIES AND SERVICES BUDGET
BASED UPON UNANTICIPATED REVENUES.
Chief of pOlice!)~k of'"
/ yJ'LI' t:;
City Manager dJ (4/5ths Vote: YeslLNo _)
SUBMITTED BY:
REVIEWED BY:
The City Of Chula Vista Police Department was recently awarded a grant to
purchase a new handheld laser speed-measuring instrument by the San Diego
County Law Enforcement Foundation (SDCLEF).
RECOMMENDATION: That Council adopts the resolution accepting $3,900 from
the San Diego County Law Enforcement Foundation and appropriating $3,900 to
the FY 2007 Police Department Supplies and Services budget based upon
unanticipated revenues.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Each year, the San Diego County Law Enforcement Foundations (SDCLEF)
sponsors a grant program for the Police Departments in San Diego County to
purchase much needed equipment. This year, the Chula Vista Police Department
was awarded $3,900 to purchase a handheld laser speed-measuring instrument.
The Police Department currently utilizes both radar based and laser based speed
measuring devices. The laser based speed-measuring device offers Officers very
precise aiming capability which is valuable along some of the City's 3 lane
streets.
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.
12-1
-
FISCAL IMPACT:
The cost to purchase a new laser based speed-measuring device is $3,900,
including accessories. This cost will be fully offset by the SDCLEF grant funds,
therefore there is no impact to the General Fund.
12-2
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $3,900 FROM THE SAN DIEGO COUNTY LAW ENFORCEMENT
FOUNDATION AND APPROPRIATING $3,900 TO THE . FY2007 POLICE
DEPARTMENT SUPPLIES AND SERVICES BUDGET BASED UPON
UNANTICIPATED REVENUES.
WHEREAS, each year the San Diego County Law Enforcement
Foundation (SDCLEF) provides grant funds to San Diego County law.
enforcement agencies; and
WHEREAS, the City Of Chula Vista Police Department applied for a grant
to purchase a hand held laser based speed-measuring device; and
WHEREAS, the SDCLEF awarded a $3,900 grant to the Police
Department to purchase this device.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby accept $3,900 from the San Diego County Law
Enforcement Foundation and appropriate $3,900 to FY 2007 Police Department
Supplies and Services budget based upon unanticipated revenues.
Approved as to form by:
ichard P. Emerson
Police Chief
~ Mi /1
U-tl/\ "/: tL/i Jly---""
/ / ,
/Ann Moore
City Attorney
12-3
COUNCIL AGENDA STATEMENT
Item:
Meeting Date:
/3
12/12/06
ITEM TITLE:
RESOLUTION ACCEPTING $83,219 FROM
THE OFFICE OF EMERGENCY SERVICES AND
APPROPRIATING FUNDS THEREFOR, WAIVING THE
CONSULTANT SELECTION PROCESS AND APPROVING
THE CONTRACTUAL AGREEMENT WITH SOUTH BAY
COMMUNITY SERVICES TO PROVIDE SERVICES FOR
DOMESTIC VIOLENCE CASES.
REVIEWED BY:
Chief of Policej))J'1-s: f.pr;
City Manager r (4/5ths Vote:
YesLNo _)
SUBMITTED BY:
The Police Department and South Bay Community Services have been providing
Domestic Violence Response Team services for the past ten years. The
attached contract formally continues those services, which include
comprehensive assessments of children and families, immediate crisis
intervention, and follow-up services to the victim and children. The contract is a
standard two-party agreement that has been approved as to form by the City
Attorney.
RECOMMENDATION: That Council adopts the resolution accepting $83,219
from the Office of Emergency Services, appropriating said funds to the Police
Grant Fund supplies and services budget, waiving the consultant selection
process, and approving the contractual agreement with South Bay Community
Services to provide services for Domestic Violence cases.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
The Chula Vista Police Department (CVPD) has received continued funding for
the expansion of a successfully established domestic violence program. The
State of California Governor's Office of Emergency Services (OES) has awarded
the Police Department $83,219 during the final year of a 4-year grant program.
Since 1985, CVPD and South Bay Community Services (SBCS) have partnered
to address issues with juveniles. And since 1997, CVPD has been working in a
partnership with SBCS to provide direct services to domestic violence victims
13-1
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Page 2, Item: 13
Meeting Date: 12/12/06
and protect the children from abuse. The partnership between CVPD and SBCS
resulted in the formation of a 24-hourJ7-day per week Domestic Violence
Response Team (DVRT). In order to provide more consistent and intensified
follow-up services, the DVRT program was expanded in October 2003 with the
addition of two full-time SBCS Advocates working on site at CVPD. The OES
grant has funded advocacy services since FY 2003/20Q4, and the fourth and final
year award will continue to do so in FY 2006/2007. Continuing services of the
two additional Advocates beyond FY 2006/2007 is contingent upon additional
grant funding to support the program.
Because of the established working relationship with SBCS, CVPD is seeking to
waive the consultant selection process and approve the contractual agreement
with SBCS to provide services for domestic violence cases. SBCS has tailored
their programs to meet the needs of the City and their experience, qualifications
and community presence make them a unique service provider.
The Domestic Violence Response Team consists of detectives from the Family
Protection Unit of the Police Department and Advocates from South Bay
Community Services. The Advocates work closely with the Detectives, provide
more intensified follow-up services after the violent incident, and help prevent the
need for further intervention by law enforcement. SBCS' Advocates are
mandated to provide 24-hour immediate mobile crisis intervention in response to
911 calls to the CVPD on all family violence cases involving children. Immediate
response is construed to mean 20 minutes and current average response time is
19-22 minutes. SBCS emergency staff meets CVPD officers at the scene of
domestic violence crimes to assess for child abuse as well as offer services to
victims. Additionally, CVPD has dedicated personnel from the Family Protection
Unit to arrive in such cases. This dedicated staffing will allow both CVPD and the
SBCS Advocate to have increased access to victims after the incident. The
following business day, the Advocate will follow-up with victims (alone or with a
CVPD Detective), set up home visits with those not sheltered and provide case
management and additional services to those placed in shelter. These visits will
be coordinated with a Detective, depending on the severity of the abuse and if
the perpetrator is still at large. Other SBCS Advocate services include safety
planning, support groups and counseling, Temporary Restraining Order
information and assistance, and transportation to a domestic violence shelter.
FY 2006/2007 DVRT Obiectives
Investigate 1,200 cases of suspected domestic violence
Make contact and offer advocacy to 100% of victims with cases assigned
to the unit
Provide advocacy, including crisis intervention, resource and referral
assistance, emergency assistance, and/or restraining order assistance to
400 victims
Provide 4 training sessions reaching at least 100 law enforcement officers
13-2
Page 3, Item: 13
Meeting Date: 12/12/06
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:
The Office of Emergency Services grant of $83,219 will completely offset the cost
of subcontracting to SBCS for the services of two full-time Advocates.
Continuing services of the two Advocates beyond FY 2006/2007 is contingent
upon additional grant funding from the Office of Emergency Services to support
the program. This is a one-time appropriation. As additional grant funds are
secured, the Department will bring forward additional requests for further funding
of these positions.
Attachment: Agreement between City of Chula Vista and South Bay Community
Services for Domestic Violence Response and Advocacy Services
13-3
,
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $83,219
FROM THE OFFICE OF EMERGENCY SERVICES
AND APPROPRIATING FUNDS THEREFOR,
WAIVING THE CONSULTANT SELECTION
PROCESS AND APPROVING THE AGREEMENT
WITH SOUTH BAY COMMUNITY SERVICES TO
PROVIDE SERVICES FOR DOMESTIC VIOLENCE
CASES; AND AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT
WHEREAS, the Police Department was awarded $83,219 from the State
of California Governor's Office of Emergency Services to enhance domestic
violence response and advocacy services; and
WHEREAS, the Police Department is seeking to waive the consultant
selection process as South Bay Community Services has partnered with the
Police Department since 1985 and tailored their programs to meet the needs of
the City; and their experience, qualifications and community presence make
them a unique service provider; and
WHEREAS, acceptance of this grant will offset the cost of subcontracting
services of two South Bay Community Services advocates; and
WHEREAS, the enhanced Domestic Violence Response and Advocacy
Team will provide advocacy, crisis intervention, resource and referral assistance,
emergency assistance and/or restraining order assistance.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby accept $83,219 from the Office of Emergency Services,
appropriate said funds to the Police Grant Fund supplies and services budget,
waive the consultant selection process and approve the Agreement with South
Bay Community Services to provide services for domestic violence cases.
BE IT FURTHER RESOLVED THAT the Mayor of the City of Chula Vista
is hereby authorized to execute the Agreement on behalf of the City of Chula
Vista.
Presented by:
Approved as to form by:
~
Richard P. Emerson
Police Chief
H:\AttcrneyIFinal Resos\2006\12 12 06\DVRT1212Q6agendaCVPD.doc
13-4
T
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORiV1ALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
LltlcA1f/(( {i/t0
/ Ann Moore
;
J City Attorney
Dated:
iZ /\0 (6~
/ I
Agreement between
City of Chula Vista and
South Bay Community Services
for Domestic Violence Response
and Advocacy Services
13-5
T
Agreement between
City of Chula Vista
and
South Bay Community Services
for Domestic Violence Response and Advqcacy Services
This agreement ("Agreement"), dated 12/12/2006 for the purposes of reference
only, and effective as of the date last executed unless another date is otherwise
specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on
Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A,
paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as
Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose
place of business and telephone numbers are set forth on Exhibit A, paragraph 6
("Consultant"), and is made with reference to the following facts:
Recitals
Whereas, since 1997, the City has worked with South Bay Community Services
to provide Domestic Violence Response and Advocacy services; and,
Whereas, Consultant warrants and represents that they are experienced and
staffed in a manner such that they are and can prepare and deliver the services
required of Consultant to City within the time frames herein provided all in accordance
with the terms and conditions of this Agreement.
Page 1
13-6
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Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the servic~s described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant
shall also perform all of the services described in Exhibit A, Paragraph 8, entitled"
Scope of Work and Schedule", not inconsistent with the General Duties, according to,
and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such
Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth
therein, time being of the essence of this agreement. The General Duties and the work
and deliverables required in the Scope of Work and Schedule shall be herein referred
to as the "Defined Services". Failure to complete the Defined Services by the times
indicated does not, except at the option of the City, operate to terminate this
Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time
reduce the Defined Services to be performed by the Consultant under this Agreement.
Upon doing so, City and Consultant agree to meet in good faith and confer for the
purpose of negotiating a corresponding reduction in the compensation associated with
said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined Services
("Additional Services"), and upon doing so in writing, if they are within the scope of
services offered by Consultant, Consultant shall perform same on a time and materials
basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless
a separate fixed fee is otherwise agreed upon. All compensation for Additional
Services shall be paid monthly as billed.
Page 2
13-7
E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined
Services or Additional Services, sha[1 perform in a manner consistent with that leve[ of
care and skill ordinarily exercised by members of the profession currently practicing
under similar conditions and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and subconsultants employed
by it in connection with the Services required to be rendered, are protected against the
risk of loss by the following insurance coverages, in the fol[owing categories, and to the
limits specified, policies of which are issued by Insurance Companies that have a Best's
Rating of "A, Class V" or better, or shall meet with the approval of the City:
Consultant must procure insurance against claims for injuries to persons or
damages to property that may arise from or in connection with the performance of the work
under the contract and the results of that work by the consultant, his agents,
representatives, employees or subcontractors and provide documentation of same prior to
commencement of work. The insurance must be maintained for the duration of the
contract.
Minimum Scope of Insurance
Coverage must be at least as broad as:
1. Insurance Services Office Commercial General Liabi[ity coverage (occurrence
Form CG0001) in the amount set forth in Exhibit A, Paragraph 9.
2. Insurance Services Office Form Number CA 0001 covering Automobile Liability,
Code 1 (any auto) in the amount set forth in Exhibit A, Paragraph 9.
3. Workers' Compensation insurance as required by the State of California and
Emp[oyer's Liability Insurance in the amount set forth in the attached Exhibit A,
Paragraph 9.
4. Professional Liability or Errors & Omissions Liability insurance appropriate to the
consultant's profession. Architects' and Engineers' coverage is to be endorsed
to include contractual liability in the amount set forth in Exhibit A, Paragraph 9.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City.
At the option of the City, either the insurer will reduce or eliminate such deductibles or self-
insured retentions as they pertain to the City, its officers, officials, employees and
volunteers; or the consultant will provide a financial guarantee satisfactory to the City
Page 3
13-8
,
guaranteeing payment of losses and related investigations, claim administration, and
defense expenses.
Other Insurance Provisions
The general liability, automobile liability, and where appropriate, the worker's compensation
policies are to contain, or be endorsed to contain, the follo)Ning provisions:
,
1. The City of Chula Vista, its officers, officials, employees, agents, and volunteers
are to be named as additional insureds with respect to liability arising out of
automobiles owned, leased, hired or borrowed by or on behalf of the consultant,
where applicable, and, with respect to liability arising out of work or operations
performed by or on behalf ofthe consultant's including providing materials, parts
or equipment furnished in connection with such work or operations. The general
liability additional insured coverage must be provided in the form of an
endorsement to the consultant's insurance using ISO CG 20 10 11 85 or its
equivalent.
2. The consultant's insurance coverage must be primary insurance as it pertains to
the City, its officers, officials, employees, agents, and volunteer$. Any insurance
or self-insurance maintained by the City, its officers, officials, employees, or
volunteers is wholly separate from the insurance of the contractor and in no way
relieves the contractor from its responsibility to provide insurance.
3. Each insurance policy required by this clause must be endorsed to state that
coverage will not be canceled by either party, except after thirty (30) days' prior
written notice to the City by certified mail, return receipt requested.
4. Coverage shall not extend to any indemnity coverage for the active negligence
of the additional insured in any case where an agreement to indemnify the
additional insured would be invalid under Subdivision (b) of Section 2782 of the
Civil Code.
5. Consultant's insurer will provide a Waiver of Subrogation in favor of the City for
each required policy providing coverage during the life of this contract.
If Errors & Omissions coverage are written on a claims-made form:
1. The "Retro Date" must be shown, and must be before the date of the
contract or the beginning of the contract work.
2. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the contract work.
3. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a "Retro Date" prior to the contract effective
Page 4
13-9
date, the Consultant must purchase "extended reporting" coverage for a
minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City
for review.
Acceptability of Insurers
Insurance is to be placed with licensed insurers admitted to'transact business in the State
of California with a current AM. Best's rating of no less than A-V. Ifthe insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible
Surplus Lines Insurers (LESLI) and be AM. Best's rated A-V.
Verification of Coverage
Consultant shall 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 endorsements or policies conform to the contract
requirements. All certificates and endorsements are to be received and approved by the
City before work commences. The City reserves the right to require, at any time, complete,
certified copies of all required insurance policies, including endorsements evidencing the
coverage required by these specifications.
Subcontractors
Consultants must include all sub-consultants as insureds under its policies or furnish
separate certificates and endorsements for each sub-consultant. All coverage for sub-
consultants is subject to all of the requirements included in these specifications.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to
the commencement of services required under this Agreement, by delivery of
Certificates of Insurance demonstrating same, and further indicating that the policies
may not be canceled without at least thirty (30) days written notice to the Additional
Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary
Coverage and Cross-liability Coverage required under Consultant's Commercial
General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the
City demonstrating same, which shall be reviewed and approved by the Risk Manager.
Page 5
13-10
T
H. Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide a Performance Bond (indicated by a.check mark in the
parenthetical space immediately preceding the subparagraph entitled "Performance
Bond"), then Consultant shall provide to the City a performance bond in the form
prescribed by the City and by such sureties which are authorized to transact such
business in the State of California, listed as approved by the United States Department
of Treasury Circular 570, http://www.fms.treas.Qov/c570, and whose underwriting
limitation is sufficient to issue bonds in the amount required by the agreement, and
which also satisfy the requirements stated in Section 995.660 of the Code of Civil
Procedure, except as provided otherwise by laws or regulations. All bonds signed by
an agent must be accompanied by a certified copy of such agent's authority to act.
Surety companies must be duly licensed or authorized in the jurisdiction in which the
Project is located to issue bonds for the limits so required. Form must be satisfactory to
the Risk Manager or City Attorney which amount is indicated in the space adjacent to
the term, "Performance Bond", in said Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled "Letter of Credit"), then
Consultant shall provide to the City an irrevocable letter of credit callable by the City at
their unfettered discretion by submitting to the bank a letter, signed by the City
Manager, stating that the Consultant is in breach of the terms of this Agreement. The
letter of credit shall be issued by a bank, and be in a form and amount satisfactory to
the Risk Manager or City Attorney which amount is indicated in the space adjacent to
the term, "Letter of Credit", in said Paragraph 19, Exhibit A.
(3) Other Security.
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide security other than a Performance Bond or a Letter of Credit
(indicated by a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Other Security"), then Consultant shall provide to the City such
other security therein listed in a form and amount satisfactory to the Risk Manager or
City Attorney.
Page 6
13-11
I. Business License
Consultant agrees to obtain a business license from the City and to otherwise
comply with Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the
progress of the Defined Services and Schedule therein contained, and to provide
direction and guidance to achieve the objectives of this agreement. The City shall
permit access to its office facilities, files and records by Consultant throughout the term
of the agreement. In addition thereto, City agrees to provide the information, data,
items and materials set forth on Exhibit A, Paragraph 10, and with the further
understanding that delay in the provision of these materials beyond 30 days after
authorization to proceed, shall constitute a basis for the justifiable delay in the
Consultant's performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A. Paragraph 18, but in no event more frequently
than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall
compensate Consultant for all services rendered by Consultant according to the terms
and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing
compensation relationship indicated by a "checkmark" next to the appropriate
arrangement, subject to the requirements for retention set forth in paragraph 19 of
Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in
Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the City's account number indicated
on Exhibit A, Paragraph 18 (C) to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on
Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said
party to represent them in the routine administration of this agreement.
Page 7
13-12
4. Term.
This agreement shall terminate on June 30, 2007 provided however (a) the
effectiveness of this Agreement for the fiscal year commencing July 1, 2006 shall be
contingent upon City's appropriation, in its sole discretion, qf the necessary funds
therefore; and (b) Consultant's obligations under Section 7,'hereof shall survive such
termination.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in
Exhibit A, Paragraph 14.
It is acknowledged by both parties that time is of the essence in the completion
of this Agreement. It is difficult to estimate the amount of damages resulting from delay
in performance. The parties have used their judgment to arrive at a reasonable amount
to compensate for delay.
Failure to complete the Defined Services within the allotted time period specified
in this Agreement shall result in the following penalty: For each consecutive calendar
day in excess of the time specified for the completion of the respective work
assignment or Deliverable, the consultant shall pay to the City, or have withheld from
monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14
("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays
caused by the City, shall be requested in writing to the City's Contract Administrator, or
. designee, prior to the expiration of the specified time. Extensions of time, when
granted, will be based upon the effect of delays to the work and will not be granted for
delays to minor portions of work unless it can be shown that such delays did or will
delay the progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer",
Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act
conflict of interest and disclosure provisions, and shall report economic interests to the
City Clerk on the required Statement of Economic Interests in such reporting categories
as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as
determined by the City Attorney.
Page 8
13-13
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
shall not make, or participate in making or in any way attempt to use Consultant's
position to influence a governmental decision in which Consultant knows or has reason
to know Consultant has a financial interest other than the compensation promised by
this Agreement. :
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Fiier, Consultant
warrants and represents that Consultant has diligently conducted a search and
inventory of Consultant's economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices Commission, and has determined that
Consultant does not, to the best of Consultant's knowledge, have an economic interest
which would conflict with Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will not acquire, obtain, or assume an
economic interest during the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will immediately advise the City
Attorney of City if Consultant learns of an economic interest of Consultant's that may
result in a conflict of interest for the purpose of the Fair Political Practices Act, and
regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's
immediate family members, nor Consultant's employees or agents ("Consultant
Associates") presently have any interest, directly or indirectly, whatsoever in any
property which may be the subject matter of the Defined Services, or in any property
within 2 radial miles from the exterior boundaries of any property which may be the
subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in
Exhibit A, Paragraph 15.
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Consultant further warrants and represents that no promise of future
employment, remuneration, consideration, gratuity or other reward or gain has been
made to Consultant or Consultant Associates in connection with Consultant's
performance of this Agreement. Consultant promises to advise City of any such
promise that may be made during the Term of this Agreement, or for 12 months
thereafter.
Consultant agrees that Consultant Associates shall not acquire any such
Prohibited Interest within the Term of this Agreement, or for 12 months after the
expiration of this Agreement, except with the written permission of City.
Consultant may not conduct or solicit any business for any party to this
Agreement, or for any third party that may be in conflict with Consultant's
responsibilities under this Agreement, except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys fees) arising out of or alleged
by third parties to be the result of the negligent acts, errors or omissions or the willful
misconduct of the Consultant, and Consultant's employees, subcontractors or other
persons, agencies or firms for whom Consultant is legally responsible in connection
with the execution of the work covered by this Agreement, except only for those claims,
damages, liability, costs and expenses (including without limitations, attorneys fees)
arising from the sole negligence or sole willful misconduct of the City, its officers,
employees. Also covered is liability arising from, connected with, caused by or claimed
to be caused by the active or passive negligent acts or omissions of the City, its agents,
officers, or employees which may be in combination with the active or passive negligent
acts or omissions of the Consultant, its employees, agents or officers, or any third party.
With respect to losses arising from Consultant's professional errors or omissions,
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys fees) except for those claims
arising from the negligence or willful misconduct of City, its officers or employees.
Consultant's indemnification shall include any and all costs, expenses, attorneys fees
and liability incurred by the City, its officers, agents or employees in defending against
such claims, whether the same proceed to judgment or not. Consultant's obligations
under this Section shall not be limited by any prior or subsequent declaration by the
Consultant. Consultant's obligations under this Section shall survive the termination of
this Agreement.
Page 10
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For those professionals who are required to be licensed by the state (e.g. architects and
engineers), the following indemnification provisions should be utilized:
1. Indemnification and Hold Harmless Agreement.
With respect to any liability, including but not limitecl;to claims asserted or costs,
losses, attorney fees, or payments for injury to any person or property caused or
claimed to be caused by the acts or omissions of the Consultant, or Consultant's
employees, agents, and officers, arising out of any services performed involving this
project, except liability for Professional Services covered under Section X.2, the
Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents,
officers, or employees from and against all liability. Also covered is liability arising from,
connected with, caused by, or claimed to be caused by the active or passive negligent
acts or omissions of the City, its agents, officers, or employees which may be in
combination with the active or passive negligent acts or omissions of the Consultant, its
employees, agents or officers, or any third party. The Consultant's duty to indemnify,
protect and hold harmless shall not include any claims or liabilities arising from the sole
negligence or sole willful misconduct of the City, its agents, officers or employees. This
section in no way alters, affects or modifies the Consultant's obligation and duties under
Section Exhibit A to this Agreement.
2. Indemnification for Professional Services.
As to the Consultant's professional obligation, work or services involving this
Project, the Consultant agrees to indemnify, defend and hold harmless the City, its
agents, officers and employees from and against any and all liability, claims, costs, and
damages, including but not limited to, attorneys fees, losses or payments for injury to
any person or property, caused directly or indirectly from the negligent acts, errors or
omissions of the Consultant or Consultant's employees, agents or officers; provided,
however, that the Consultant's duty to indemnify shall not include any claims or liability
arising from the negligence or willful misconduct of the City, its agents, officers and
employees.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to
terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days before the effective date of
such termination. In that event, all finished or unfinished documents, data, studies,
surveys, drawings, maps, reports and other materials prepared by Consultant shall, at
Page 11
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the option of the City, become the property of the City, and Consultant shall be entitled
to receive just and equitable compensation for any work satisfactorily completed on
such documents and other materials up to the effective date of Notice of Termination,
not to exceed the amounts payable hereunder, and less any damages caused City by
Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the Consultants'
negligence, errors, or omissions in the performance of work under this Agreement has
resulted in expense to City greater than would have resulted if there were no such
negligence, errors, omissions, Consultant shall reimburse City for any additional
expenses incurred by the City. Nothing herein is intended to limit City's rights under
other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving
specific written notice to Consultant of such termination and specifying the effective
date thereof, at least thirty (30) days before the effective date of such termination. In
that event, all finished and unfinished documents and other materials described
hereinabove shall, at the option of the City, become City's sole and exclusive property.
If the Agreement is terminated by City as provided in this paragraph, Consultant shall
be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials to the effective date of such
termination. Consultant hereby expressly waives any and all claims for damages or
compensation arising under this Agreement except as set forth herein.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not
assign any interest in this Agreement, and shall not transfer any interest in the same
(whether by assignment or notation), without prior written consent of City.
City hereby consents to the assignment of the portions of the Defined Services
identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as
"Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans,
procedures, systems and any other materials or properties produced under this
Agreement shall be the sole and exclusive property of City. No such materials or
Page 12
13-17
properties produced in whole or in part under this Agreement shall be subject to private
use, copyrights or patent rights by Consultant in the United States or in any other
country without the express written consent of City. City shall have unrestricted
authority to publish, disclose (except as may be limited by the provisions of the Public
Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any
such reports, studies, data, statistics, forms or other materjals or properties produced
under this Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing the
services required under this Agreement. City maintains the right only to reject or accept
Consultant's work products. Consultant and any of the Consultant's agents, employees
or representatives are, for all purposes under this Agreement, an independent
contractor and shall not be deemed to be an employee of City, and none of them shall
be entitled to any benefits to which City employees are entitled including but not limited
to, overtime, retirement benefits, worker's compensation benefits, injury leave or other
leave benefits. Therefore, City will not withhold state or federal income tax, social
security tax or any other payroll tax, and Consultant shall be solely responsible forthe
payment of same and shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the
City unless a claim has first been presented in writing and filed with the City and acted
upon by the City in accordance with the procedures set forth in Chapter 1.34 of the
Chula Vista Municipal Code, as same may from time to time be amended, the
provisions of which are incorporated by this reference as if fully set forth herein, and
such policies and procedures used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for
the purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that
the prevailing party shall be entitled to a judgment against the other for an amount
equal to reasonable attorney's fees and court costs incurred. The "prevailing party"
shall be deemed to be the party who is awarded substantially the relief sought.
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16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Consultant
shall include, or cause the inclusion of, in said report or document, a statement of the
numbers and cost in dollar amounts of all contracts and subcontracts relating to the
preparation of the report or document. '
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no
authority to act as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their
principals is/are licensed with the State of California or some other state as a licensed
real estate broker or salesperson. Otherwise, Consultant represents that neither
Consultant, nor their principals are licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant
to this Agreement must be in writing. All notices, demands and requests to be sent to
any party shall be deemed to have been properly given or served if personally served or
deposited in the United States mail, addressed to such party, postage prepaid,
registered or certified, with return receipt requested, at the addresses identified herein
as the places of business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or
contemplated herein, embody the entire Agreement and understanding between the
parties relating to the subject matter hereof. Neither this Agreement nor any provision
hereof may be amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
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E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other
party that it has legal authority and capacity and direction from its principal to enter into
this Agreement, and that all resolutions or other actions have been taken so as to
enable it to enter into this Agreement.
F. Governing LawNenue
This Agreement shall be governed by and construed in accordance with the laws
of the State of California. Any action arising under or relating to this Agreement shall
be brought only in the federal or state courts located in San Diego County, State of
California, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista.
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Signature Page
to
Agreement between City of Chula Vista and South Bay Community Services
for Domestic Violence Response and Advocacy services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement
thereby indicating that they have read and understood same, and indicate their full and
complete consent to its terms:
Dated:
,2006
City of Chula Vista
by:
Cheryl Cox, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
Dated:
South Bay Community Services
Exhibit List to Agreement
(X) Exhibit A.
Page 16
13-21
Exhibit A
to
Agreement between
City of Chula Vista
and
South Bay Community Service?
1. Effective Date of Agreement: 07/01/2006
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of
California
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant: South Bay Community Services
5. Business Form of Consultant:
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
1124 Bay Blvd, Suite D
Chula Vista, California 91911
Voice Phone (619) 420-5094
Fax Phone (619) 420-8722
7. General Duties: Domestic Violence Response and Advocacy Services
8. Scope of Work and Schedule:
Detailed Scope of Work: The Operational Agreement (Exhibit B)
between South Bay Community Services and the Chula Vista Police
Department signed February 16, 2006 and Office of Emergency
Services grant #LE06046364 shall serve as scope of work for this
agreement.
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B. Date for Commencement of Consultant Services:
( ) Same as Effective Date of Agreement
(X) Other: 07/01/2006
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable NO.1:
The Operational Agreement (Exhibit B) betvveen South Bay Community
Services and the Chula Vista Police Department signed February 16,
2006 details time limits and deliverables for this agreement.
D. Date for completion of all Consultant services:
Upon compliance with all executory provisions herein.
9. Insurance Requirements:
1. General Liability:
(Including operations,
products and completed
operations, as applicable.)
2. Automobile Liability:
3. Workers' Compensation
Employer's Liability:
$1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability insurance with a
general aggregate limit is used, either the general aggregate limit
must apply separately to this project/location or the general
aggregate limit must be twice the required occurrence limit.
$1,000,000 per accident for bodily injury and property damage.
Statutory
$1,000,000 each accident
$1,000,000 disease-policy limit
$1,000,000 disease-each employee
4. Professional Liability or $ 500,000 each occurrence
Errors & Omissions Liability: $1,000,000 policy aggregate
10. Materials Required to be Supplied by City to Consultant:
None.
11. Compensation:
A. (X) Single Fixed Fee Arrangement.
Page 18
13-23
For performance of all of the Defined Services by Consultant as herein required,
City shall pay a single fixed fee in the amounts and at the times or milestones or for the
Deliverables set forth below:
Single Fixed Fee Amount: $78,256, payable as foll~ws:
Quarterlv installments of $19,564 each.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the
performance of services herein required, City shall pay Consultant at the rates or
amounts set forth below:
(X) None, the compensation includes all costs.
13. Contract Administrators:
City: Lieutenant Gary Ficacci, Investigations Division
Police Department
315 4th Avenue
Chula Vista, CA 91910 (619)585-5670
Consultant: Kathryn Lembo, Executive Director
1124 Bay Blvd, Suite D
Chula Vista, California 91911
14. Liquidated Damages Rate:
None.
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
Interest Code:
(X) Not Applicable. Not an FPPC Filer.
16. ( ) Consultant is Real Estate Broker and/or Salesman
Not Applicable
17. Permitted Subconsultants:
None.
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18. Bill Processing:
A. Consultant's billing to be submitted for the following period of time:
(X) Quarterly
,
B. Day of the period for submission of Consultant's billing:
(X) First of the Month
C. City's Account Number: 25203-6401
19. Security for Performance
None Required.
13-25
Page 20
COUNCIL AGENDA STATEMENT
Item
Meeting Date 12/12/06
)1
ITEM TITLE:
Resolution Approving Memorandum of Understanding between the
Metropolitan Transit System (MTS) and City Of Chula Vista for Regional Telephone
Information System (RTIS)
Director of pU70rks operatio~ /
City Manager {jl (4/5ths Vote: Yes_ No ~)
SUBMITTED BY:
REVIEWED BY:
This resolution would maintain Chula Vista Transit's (CVT) participation in the RTIS via an agreement. This
service provides CVT riders and persons throughout the region with telephone and online schedule
information both on CVT and on all fixed route transit systems operating in the County. This agreement for
Fiscal Year (FY) 2006-07 continues CVT's participation in this regional transit information system at a cost of
$54,713.80. It also includes automatic annual renewals through FY 201 0-11 at a three (3%) percent annual
cost increase.
RECOMMENDATION: That Council approve Resolution approving Memorandum of Understanding between
the Metropolitan Transit System and City of Chula Vista for Regional Telephone Information System for the
period FY 2006-07 and subsequent years.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
The following transit operators participate in the regional RTIS operated by MTS: MTS, North County Transit
District, National City Transit, Coaster, and CVT. City residents receive schedule and transfer information on
all systems operating in the County. The telephone information system is available 7 days a week between
the hours approximately 5:30 a.m. and 11 :00 p.m. There is also a 24 hour automated telephone information
system and an online transit information site.
The total system cost is allocated to each transit operator based on the percentage share of calls originating
from each operator's service area. These percent allocations are based on the previous three-year total calls
answered and are updated annually.
Decision Maker Conflicts: Not Applicable
Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and
consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable
to this decision.
FISCAL IMPACT: The City Of Chula Vista's share of the FY2006-07 RTIS costis $ 54,713.80. This cost is
contained in the Transit Division budget, which is funded by MTS Consolidated TDAArticle 4.0 funds. No City
Of Chula Vista's General Fund contributions support this agreement.
Attachment: Regional Telephone Information System Agreement
K:\Public Works Operations\Agenda Statements FY06\Agenda Statement - Regional Telephone Information MOU.doc
14-1
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE METROPOLITAN
TRANSIT SYSTEM (MTS) AND THE CITY OF CHULA VISTA
FOR REGIONAL TELEPHONE INFORMATION SYSTEM (RTIS)
WHEREAS, this resolution would maintain Chula Vista Transit's (CVT) participation in the
Regional Telephone Information System (RTIS) via an agreement; and
WHEREAS, this service provides CVT riders and persons throughout the region with
telephone and online schedule information both on CVT and on all fixed route transit systems
operating in the County of San Diego; and
WHEREAS, this agreement for Fiscal Year 2006-07 continues CVT's participation in this
regional transit information system at a cost of $54,713.80. It also includes automatic annual
renewals through FY 2010-11 at a 3 percent annual cost increase; and
WHEREAS, the cost of $54,713.80 is contained in the Transit Division budget, which is
funded by MTS Consolidated TDA Article 4.0 funds.
NOW, THEREFORE, BE IT RESOL VED the City Council of the City ofChula Vista does
hereby approve the Memorandum of Understanding between the Metropolitan Transit System
(MTS) and the City of Chula Vista for Regional Telephone Information System (RTIS).
Presented by
Approved as to form by
Dave Byers
Director of Public Works Operations
~1"~\'\~~,
Ann Moore
City Attomey
J:IAttomeyIRESOIMOUIMOU MTS 12 12 06.doc
14-2
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROY AL BY
THE CITY COUNCIL
~~~~,
Ann Moore
City Attorney
Dated:D~ ~N,;;+ i~'9
J
Memorandum of Understanding
between
METROPOLITAN TRANSIT SYSTEM (MTS)
and
CITY OF CHULA VISTA
for
REGIONAL TELEPHONE INFORMATION SYSTEM (RTIS)
14-3
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Memorandum of Understanding between
METROPOLITAN TRANSIT SYSTEM (MTS)
and
CITY OF CHULA VISTA (CITY)
for
REGIONAL TELEPHONE INFORMATION SYSTEM
This Memorandum of Understanding (MOU) is entered into on the day of November between
the Metropolitan Transit System (MTS), a California public agency, and the City of Chula Vista (City), a
general law city.
RECITALS
WHEREAS, MTS has maintained a telephone information system (TIS) providing information to
telephone callers about the respective operations, fares, routes, and other operational matters for
public transportation; and services operated in the County of San Diego and the City;
WHEREAS, such a relationship has benefited both MTS and the City in terms of effectiveness and
efficiency; and
WHEREAS, MTS and the City desire to continue this relationship.
NOW, THEREFORE, in consideration of the recitals and mutual obligation of the parties set forth,
herein, MTS and the City agree as follows:
SECTION ONE. OBLIGATIONS OF THE CITY
A. It is agreed that the City shall provide MTS information as to changes in operational information
on a timely basis and in such a form as MTS shall request.
B. The City agrees to pay MTS monthly for telephone information services. The amount will be
calculated annually and will be based upon a 3% increase over the prior fiscal year as detailed
within Exhibit A. Periodically, MTS and the City will review call activity to verify the materiality of
14-4
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Memorandum of Understanding
City of Chula Vista
Page 2
the fee projections. This service shall be funded by MTS's annual allocation to the City for its
transit operations. Payment is contingent upon receipt of these funds by the City.
C. Payment for this service will be broken into 12 monthly payments and paid no later than ten
days after receipt of invoice from MTS.
SECTION 2. OBLIGATIONS OF MTS
A. MTS agrees to the use of its TIS to disseminate rider information by telephone relating to transit
routes, trip times, fares, and other operational matters, and any other types of information which
the parties hereto may in the future mutually agree as being appropriate for dissemination
through the TIS.
B. Whenever a transit route, fare schedule, trip time or other aspect of operations is modified, MTS
agrees to update the TIS so that the changed operational information is disseminated to the
telephone callers within five days.
C. MTS agrees to submit an annual invoice to the City at the beginning of each fiscal year as
detailed within Exhibit A.
D. MTS agrees to notify the City within 15 days of any changes to the TIS that would directly
impact the service.
E. MTS and the City agree that this payment structure will continue for a period of five years
(FY07-FY11 ).
SECTION 3. INDEMNIFICATION
A. The City agrees to indemnify and hold free and harmless MTS and its authorized agents,
officers, and employees against acts or omissions caused by the City, its agents or employees,
and any costs or expenses incurred on account of any claim therefore, and MTS agrees to
indemnify and hold free and harmless the City and its authorized representative, officers, and
employees against acts or omissions caused by MTS, its agents or employees, and any costs
14-5
,.
Memorandum of Understanding
City of Chula Vista
Page 3
or expenses incurred on account of any claim therefore. Each party shall bear their own
attorneys fees and costs in the event of an act of concurrent negligence.
B. The City, their agents, officers, and employees, shall not be held liable for any claims liability,
penalties, fines or for damage to any goods, properties or effects of any person whatsoever, nor
for personal injuries to or death of them caused by or resulting from any negligent acts or
omissions of MTS, or its agents, employees, or representative, not including liability caused by
the sole negligence of the City, its agents, or employees; and MTS, its agents, officers and
employees, shall not be held liable for any claims, liability, penalties, fines or for damage to any
goods, properties or effects of any person whatsoever, nor for personal injuries to or death of
them, caused by or resulting from any negligent act or omissions of the City or its agents,
employees or representative, not including liability caused by the sole negligence of MTS, its
agents or employees. Neither the City nor MTS shall be obligated to indemnify the other if the
claim or liability alleges an act of concurrent negligence.
SECTION 4. CONFLICT OF INTEREST
A. No officer, employee or agent of either of the parties hereto have, nor shall they have, any
personal financial interest direct or indirect in this agreement.
B. Each party covenants that its officers or employees presently have no interest and shall not
acquire any interest, direct or indirect, in property, either real or personal, which would conflict in
any manner or degree wit the performance of this agreement.
SECTION 5. AUDIT
At any time during normal business hours and as reasonably necessary, MTS shall make available to
the City for examination all of its records with respect to all matters covered by this agreement and will
permit the City to audit, examine and make excerpts or transcripts to such records, and to perform audit
procedures as deemed necessary with respect to all invoices, payrolls, equipment. materials and other
data relating to matters covered by this agreement.
14-6
"
Memorandum of Understanding
City of Chula Vista
Page 4
SECTION 6. INDEPENDENT CONTRACTOR
MTS is, for all purposes arising out of this agreement, an independent contractor, and no employee of
MTS is, for purposes of this agreement, an employee of the City The City is, for all purposes arising
out of this agreement, an independent contractor, and no employee of the City is, for purposes of this
agreement, an employee of MTS.
SECTION 7. AMENDMENTS TO AGREEMENT
This agreement may be amended at any time by mutual written agreement of the parties hereto.
SECTION 8. NONASSIGNABILlTY
Neither party shall assign any interest in this agreement or transfer any interest in the agreement
without the prior written consent of the other party.
SECTION 9. WAIVER
In no event shall any payment by the City or acceptance of payment by MTS constitute, nor shall it be
construed to be a waiver by either party of any breach of conditions or any default which may exist, or
while any such breach or default shall exist, in no way impair or prejudice any right or remedy available
to either party with respect to such breach or default.
SECTION 10. TERM
This agreement shall automatically renew on an annual basis unless terminated by one party upon 30
days written notice or by mutual agreement.
Paul C. Jablonski
Chief Executive Officer
Metropolitan Transit System
Cheryl Cox
Mayor
City of Chula Vista
14-7
T
Memorandum of Understanding
City of Chula Vista
Page 5
Approved as to form:
By:
Office of General Counsel
Metropolitan Transit System
WCASSIDY/MOU
MOU-CH ULA VIST A.LMARIN IS I
11/6/06
14-8
T
By:
City Attorney
City of Chula Vista
-
I
~(f?
-.-
"--- ~ -
--- - ~
- -
DEC 1 1 2006
crlY OF
CHULA VISTA
City Of Chula Vista
Office of Budget & Analysis
276 Fourth Avenue
Chula Vista, Ca 91910
619.409.3597 - 619.585.5612 Fax
MEMO
DATE:
December 8,2006
TO:
FROM:
Honorable Mayor and Council .
Jim Thomson, Interim City Manager1
Ed Van Eenoo, Director of Budget and Analysis ("0./
VIA:
SUBJECT:
Fiscal Year 2007 Budget Update
Per a request from Council Member Castaneda's office, attached is a list of all
citywide vacancies as of December 4, 2006 and annual salary and benefit data.
These are positions that Council has previously authorized as permanent
benefited employees. Please note that some of these vacancies are being
backfilled with hourly staff. The positions in bold text are being held vacant
indefinitely due to the continued slow down in development activity. Other
vacancies are being reviewed on a case-by-case basis by City management to
determine whether or not they should be filled. Should you need any additional
information or clarification, please contact me at 3067.
,
I
" "t),~
Human Resources
Finance
General Services
Com Dev
RDA
Building & Planning
Engineering
Police
Fire
PW Ops
Recreation
Library
City of Chula Vista
Vacancy Listing
December 4, 2006
" I1iIcfiJ6!('i'h'i!'\"'~"'$;ii, ,Qsil"f jtl ',,"S~ila ' I ,Sala ,'&'8.el"1es
1.00 OFFICE SPECIALIST 34,314 54,150
0,50 PARKING METER TECHNICIAN. . .......,,,, 19,9~?" 29,680
'150" pUi'rCHASINi:r!IGENT""" 107,28615'S':230'
f55 SR AccoUNTANt' 86:657 115,823
0.50 ANiMAL CARE ASSISTANT ,17/18,6,.. 27,505
'''TOOANlMALCONTR''oL OF'FICER 41,965 "'64:167
~~'~(l50'^ ^' 'c(]sY661ANW"-'" .," ~._~~,~"-~"-,~" " '~1i:fE36" '" ,-, _w,w2Y;i62~ ,
T66 cUsTooiAN .,.". '35,272 55,404
6,50 'CUstODIAN 17,~(3, 27,702
"fOO"CUSTOoiA'N'"'' ""'" 35,272 " 'S'S'~464'
-T56~'--cUstot5fAFr'MWW'W' ,w'~~'_"'~m w,w_'~.'35'''272- 'ww n'--55~404~'
"'100 CUStO'OiAN''''3S)72Sf;',404
", 100' CUStOOIAN 35,272 55,404
"'1,00' cUStO'OIAN"""''''''~''''''''''3S',272 ". """(,5:404'
'0,50" OFFTCE'SPECIALIST''''''''''''1'7:f5r ""'27~075"
1,00 PRIN COMMUNITY DEV SPEC 90,521 128,737
1,00 SECRETARY 37,746 58,643
1,00 CHIEF EXEC OFFICER (CVRC) 150,352 222,539
1 ,00 A~.:>.?CIA TE.':~N,t:lER,,~"':':1. ,~,,':,6,3-,~,2~ 91,994
-"1:00' BUILDING INSPECTOR II 61,219 "'i!'!i,374"
0:50 OFFrCESPEC[A[isT'Tj).;:;~:rUi:v'l... '17;1'57 ''27;075''
1:00 .,. SRDEVELOPMNT SRVCS TECH j:1('j:j'e.<5IJ,301 ' """""""i5,()8IJ'
,,+~~ ~~~?~E~~~~~~~H II e;~I:~ir L"'}H~l--,,,,1f:-:~}~' ~~,;:"~
"'-1-:0Cr-~ OFFIcES-PEC1ALTsf~ ~1--'- e.e'-'34;314 '54;150"
1.00 - PRINCIPAL CIVIL ENGINEER D\V. HeAil01,557'" 143,184'.'.....0~,.
-1.00 sjGN~L SYSTEMSENC;lNEE'R I fu" ;;;;"63,983 ....""9~~:~~ SIGtl"'- T....,.....
, ::~~~~;~~~i~~~~~€r~lnr~~~~ ,"~~:m L"'''~~~~~m Puo ':'n"':; ,,_
1,00 CBAG BUDGET MANAGER 75,057 108,490 "" CIP.
1,00 CBAGPFfOGRAM ANAL ysY- "'-4T,469",m, ,- 64,439
1.00 FisCAL OFFICESPECIAUsTm,mm"'36,030' 'm~56,397
1.00 OFFICE SPECIALIST' , " ....m. 34)f4 5;1;1'56
1.00 POLICE DisPATCHER''-''"'' '''''5'1;498 """'76,64's'
1,00POUCE DISPATCH~"'--"--"51,491f -m76,64S"
1 .00 POLICE RECC5'RDSSPEC1ALlST 34,314'54,150'
100POUCERECORDS'SPECIALIst """ "34,314 . 54,150
1,00 POLICE RECORDS'SPECIALlST 34,314'~ 54-;150 "
100 POUCE RE"CORDS TRANSCRIPrm""34,314"""'54:150'
100 POUCE'SERVICES OFFICER""-""'''4'Cf61' "'-'''63:114'
1"00 poUcESERvfc"Es'oFFICER 41,161 63,114
1 "00 SECR'EtARY~--' """''''''''37,746'''' "-58,643"
1.00SECRETARY-~-""""""'~"37,746"" "", 58,643'
1,00 PUBLIC EDUCATION SPECIALIST 44,784 68,857
1,00 ADMINISTRATIVE TECHNICIAN 48,196, 72,325
1,00 GAROENER I ----,,,-,-,,-,, '''''35,272' m'-'''55,40r
1.00GAROEj\iE~~I~" . "3,5:272 ""55,404
1,00 GAR'DENER II 38,799 60,021
1.00 M-AINTENANCEWORI<EIT"'" """35,272: "'"'S'5',404
1.00 MAINTENANCE WORKERT" "M,~"m__._', '35.2ff'-' ,w"-55;404'
1 .00 OPENsPACEINSPECT6'R 55,654 62,088
1.00 OPENSPACETNSPECfoR" ". 55:654 m'''S2:GS8
1.00 PUBUCWORKS INSpr'c;:i.u~ N<<.'SS,654 ."""....82,088
1 ,00 PU~EI~W~~I<,S.TNS'=J'--!"1'C>W"'16~,219 89,37,4
0.50 SR PUB WORKS SPECIALIST 26,617 39,460
1,00 AQUATIC SUPV II 49,006 74,384
1.00 RECREATioN'SUPERVISOR III 56,357 84,008
1,00 EDUCATIONAL SVCS MGR 94,889 135,454
1.00 LlSADTMSPEC"'''''' 69,623 10T377
1 "00 UBRARIANjjj'" 55,921 82:438 "
050 UBRARYASSISTANT 16,621 26,373
100 SECREtARY 37,746 58,643
\c,
PAGE 1, ITEM NO.: . .J
MEETING DATE: 12/12/06
CITY COUNCIL AGENDA STATEMENT
ITEM TITLE:
PUBLIC HEARING TO PRESENT THE 2005/2006 CONSOLIDATED
ANNUAL PERFORMANCE EVALUATION REPORT (CAPER) AND
SOLICIT PUBLIC INPUT ON THE NEEDS AND FUNDING PRIORITIES
OF THE COMMUNITY FOR THE COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG); THE HOME INVESTMENT PARTNERSHIPS ACT
PROGRAM (HOME); AND THE EMERGENCY SHELTER GRANT (ESG)
ACTING DIRECTOR OF COM~NITY DEVELOPMENT
11.1
INTERIM CITY MANAGER Ii
SUBMITTED BY:
REVIEWED BY:
4/5THS VOTE: YES D NO 0
BACKGROUND
The City of Chula Vista receives three Federal entitlement grants from the Department of
Housing and Urban Development (HUD): Community Development Block Grant
(CDBG), HOME Investment Partnership Program (HOME), and Emergency Shelter Grant
(ESG). These funds are to be used for housing and community development projects the
benefit lower income persons. Annually, the City is awarded approximately $3,000,000
in these combined federal grant funds.
This item will address the following:
1. Past and Current Performance: This item will report on the City's past and current
administration performance under these grant programs as well as present a
funding timeline for the coming fiscal year (2007/2008); and,
2. Citizen Participation: This item complies with HUD Regulations by holding a public
hearing to solicit and consider public input on housing and community development
needs of lower income persons in Chula Vista.
RECOMMENDATION
Staff recommends that the City Council (1) Conduct the Public Hearing; and (2) Accept
report.
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable.
15-1
PAGE 2, ITEM NO.: \.5
MEETING DATE: 12/12/06
DISCUSSION
The CDBG, HOME and ESG Grants are used to benefit lower income persons by
providing affordable housing opportunities and community development projects and
programs. The City is awarded approximately $3,000,000 yearly in combined grant
funds; however, due to recent budget cuts at the Federal level the City is anticipating up
to a 15% reduction from last year.
Public HearinCl:
Federal Citizen Participation Regulations governing the grant programs require that the
City hold a minimum of two public hearings at different stages in the annual plan
process. This public hearing represents the first public hearing for this fiscal year, and is
being held to solicit input on low income housing and community development needs.
Another will be scheduled in February 2007 to solicit input on funding allocations.
Funding applications for the three grant programs are currently available to all interested
organizations and city departments. Staff will review all applications to determine
eligibility during the months of December and January. Staff will then return to Council
in February to determine application funding levels.
Past And Current Performance Evaluation:
The City's overall grant management performance is assessed based primarily on the
Consolidated Annual Performance Evaluation Report (CAPER) submitted by the City to
HUD at the conclusion of each fiscal year. In addition, consideration is also given to on
site monitoring conducted by HUD Staff.
. 2005/2006 CAPER: Staff submitted the 2005/2006 CAPER to HUD on September
28, 2006. The CAPER provided HUD with all the required financial and beneficiary
information for the CDBG, HOME and ESG grant programs. In summary, the
CAPER demonstrated that the City:
. Expended the grant funds in a timely manner;
. Funded only eligible projects, per HUD standards;
. Provided detailed accomplishment data for all grant-funded projects;
. Maintained its administration and public services expenditures within the
mandated caps; and
. Included a narrative describing how the City carried out its housing and
community development strategies, projects, and activities during the fiscal
year.
15-2
PAGE 3, ITEM NO.: i 5
MEETING DATE: 12/12/06
. 2005 Monitoring: In August of 2005, HUD conducted an extensive audit of the
City's overall grant management. The audit consisteq of documentation review as
well as City staff interviews with the Department of Community Development, Finance
and Office of Budget and Analysis. The HUD audit concluded that in past years, the
management of the grant programs was inadequate. A total of sixteen (16) findings
and six (6) concerns were identified. As a result of the negative findings, HUD
required that the City take corrective action and restructure the administration of the
grant programs. The City was also required to repay grant funds to HUD for funding
ineligible activities in past years. More importantly, HUD denied the City any
opportunity of submitting a $9.5 million Section 108 Loan Application to be used for
essential capital proiects.
In December of 2005, staff presented HUD with a Management Plan, which
addressed the actions the City would undertake to rectify prior year concerns while
managing the current grant programs in full compliance with federal regulations. In
February of 2006, HUD Staff recognized the improvement in the management of the
grant programs and allowed the City to initiate the Section 108 Loan Application
process.
HUD has recently notified staff that considerable progress has been made in the
management of the programs. The City is performing at or above the required level
and has been cleared off all audit findinqs and concerns. Furthermore, the Section
108 Loan in the amount of $9.5 million has been approved.
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
No expenditure or allocation of City funds is required; therefore, there is no fiscal impact.
Prepared by: Angelica Davis, Community Development Specialist II, Community Development Department
J:\COMMDEV\MASTERS\AGENDA STATEMENT - COUNCIL.doc
15-3
T
COUNCIL AGENDA STATEMENT
Item 10
Meeting Date 12/12/06
ITEM TITLE:
PUBLIC HEARING: Regarding the Proposed Assessment of
Certain Delinquent Sewer Service Charges as Recorded Liens Upon
the Respective Owner Occupied Parcels of Land and Placement of
Delinquent Charges on the Next Regular Tax Bill for Collection
REVIEWED BY:
RESOLUTION Assessing Certain Delinquent
Sewer Service Charges as Recorded Liens Upon the Respective
Owner Occupied Parcels of Land and Approving Placement of
Delinquent Charges on the Next Regular Tax Bill
Director of FinancefTreasure~
City Manager {
(4/5ths Vote: Yes _NoL)
SUBMITTED BY:
In order to adequately protect the City's interest in delinquent sewer service charges and
ensure that collection efforts are directed towards the responsible property owner in the
event of a change in ownership, staff is recommending approval of liens against affected
properties as a preliminary action to replacing the delinquencies on the property tax rolls if
they remain unpaid. Adoption of this resolution will enhance the collection process for
delinquent sewer service charges by ensuring that the correct property owners are
charged and that payments will be received on a timely basis. This is the identical
process approved by City Council since August 1998.
RECOMMENDATION:
That Council open the public hearing to consider assessing
delinquent sewer service charges as recorded liens on the
affected properties, consider all testimony and adopt the
resolution overruling all protests and assessing these charges
as liens upon the respective owner occupied parcels of land.
BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable.
DISCUSSION:
The Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service
charges to be assessed as recorded liens upon the affected properties and ultimately
placed on the property tax bills for collection. The ordinance states that upon notification
of the property owners, a public hearing is set for sewer service accounts which are over
sixty days delinquent. At the hearing, the City Council considers the delinquent accounts
together with any objections or protests by interested parties. At the conclusion of the
hearing, the City Council, may either approve the delinquency and amount owed on the
accounts as submitted or as modified or corrected by the City Council. Lastly, the City
16-1
Page 2, Item 10
Meeting Date 12/12/06
Council adopts a resolution assessing such amounts as recorded liens upon the
respective parcels of land, and the amounts are charged to the property owners on the
next regular property tax bill.
Because charges can only be submitted for placement on the property tax bills once a
year in August, staff is recommending assessing liens on the affected properties midyear
as to better ensure the City's chances for collection. If the City were to address these
delinquent charges only once a year in August, the effectiveness of using the property tax
bill as a means of collection would be significantly reduced as the owners of record in
August would not necessarily be the people responsible for the delinquent charges. In
cases where the properties are sold or transferred, assessing liens midyear holds the
correct parties responsible for the delinquent charges. In cases where the property
owners choose to refinance their mortgages, the midyear liens would ensure the City
receiving payments in a timely manner as the delinquent charges would be paid through
escrow during the refinancing process.
In July 2006, City Council approved liens for 113 delinquent sewer service accounts
valued at $48,200 to be forwarded to the County for collection on the next regular
property tax bill. Staff recently identified 334 owner occupied accounts totaling $98,500 as
being over 60 days delinquent and through preliminary collection efforts, 128 accounts
have been resolved, and the remaining 206 accounts valued at $69,800 are now being
submitted (listing available at the Finance Department). Many of these property owners
have gone through this lien process previously as they continue to leave their sewer
service accounts unpaid.
These property owners have been notified of their delinquencies within the last 60 days,
and two weeks ago, they were notified of the public hearing and were asked again to pay
their delinquent sewer service charges to avoid a lien being placed on their property.
Payment arrangements will be set up as needed, and staff will continue to update this list
as payments are received and accounts are cleared. A final list will be submitted to the
City Council for consideration on the day of the public hearing in order to reflect the most
current payment postings.
Staff is recommending that the City Council approve the final list of delinquent sewer
accounts as submitted, and that these charges be forwarded to the County and assessed
as liens on the respective owner occupied parcels of land and ultimately placed on the
next regular tax bill for collection.
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 properties that are subject to this action.
16-2
Page 3, Item I to
Meeting Date 12/12/06
FISCAL IMPACT:
By placing delinquent sewer service charges on the proPerty owner's regular tax bill,
$215,000 in additional sewer fund revenues was collected in FY05-06. From this action,
the City should realize approximately $70,000 in revenues.
16-3
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ASSESSING CERTAIN DELINQUENT
SEWER SERVICE CHARGES AS RECORDED LIENS UPON
THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND
AND APPROVING PLACEMENT OF :DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL
WHEREAS, Chula Vista Municipal Code section 13.14.150 allows delinquent sewer
service charges to be assessed as recorded liens upon the affected properties and ultimately
placed on the property tax bills for collection; and
WHEREAS, the ordinance states that upon notification of the property owners, a public
hearing is set for sewer service accounts which are over sixty days delinquent; and
WHEREAS, at the hearing, the City Council considers the delinquent accounts together
with any objections or protests by interested parties; and
WHEREAS, at the conclusion of the hearing, the City Council may either approve the
delinquency and amount owed on the accounts as submitted or as modified or corrected by the
City Council; and
WHEREAS, many of these property owners have gone through this lien process
previously as they continue to leave their sewer service accounts unpaid; and
WHEREAS, these property owners have been notified of their delinquencies within the
last sixty days, were notified of the public hearing and were again asked to pay their delinquent
sewer service charges to avoid a lien being placed on their property; and
WHEREAS, staff is recommending that the City Council approve the final list of
delinquent sewer accounts, as submitted, and that these charges be forwarded to the County and
assessed as liens on the respective owner occupied parcels of land and ultimately placed on the
next regular tax bill for collection.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby: (1) conduct the public hearing to consider assessing delinquent solid waste service
charges as liens on the affected properties; (2) ovemlle any and all protests or objections
presented at the public hearing; and (3) approve, with respect to the delinquent account list
16-4
T
Resolution No.
Page 2
submitted to the City Council and on file in the City Finance Department, assessing delinquent
solid waste service charges as liens upon the respective parcels ofland and the placement of such
delinquent charges as special assessments on the next corresponding regular tax bills, unless
cleared prior to transmittal of the delinquent account list to the O;>unty.
Presented by
Approved as to form by
Maria Kachadoorian
Director of Finance
J:\Attomey\RESO\FINANCE\Sewer Delinguency 12.12.06.DOC
16-5
COUNCIL AGENDA STATEMENT
Item 11
Meeting Date 12/12/06
ITEM TITLE:
PUBLIC HEARING: Regarding the Proposed Assessment of
Certain Delinquent Solid Waste ServiCe Charges as Recorded Liens
Upon the Respective Parcels of Land and Placement of Delinquent
Charges on the Next Regular Tax Bill for Collection
RESOLUTION Assessing Certain Delinquent
Solid Waste Service Charges as Recorded Liens Upon the
Respective Parcels of Land and Approving Placement of Delinquent
Charges on the Next Regular Tax Bill
REVIEWED BY:
Director of FinancefTreasure~
~
City Managerdi
(4/5ths Vote: Yes _NoLl
SUBMITTED BY:
In order to adequately protect the City's interest in delinquent solid waste service charges
and ensure that collection efforts are directed towards the responsible property owner in
the event of a change of ownership, staff is recommending approval for liens against
affected properties as a preliminary action to placing the delinquencies on the property
tax rolls if they remain unpaid. Adoption of this resolution will enhance the collection
process for delinquent solid waste service charges by reducing the amount of
uncollectible losses and ensure that payment will be received on a more timely basis.
This is the identical process approved by City Council on a regular basis since mid- 2001.
RECOMMENDATION:
That Council open the public hearing to consider assessing
delinquent solid waste service charges as recorded liens on
the affected properties, consider all testimony, and adopt the
resolution overruling all protests and assessing these charges
as liens upon the respective parcels of land.
BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable.
DISCUSSION:
In November 1998, City Council amended Municipal Code Section 8.24 to eliminate
suspension of solid waste service for nonpayment. To ensure that all residents pay their
fair share of the costs of this program, the ordinance allows delinquent solid waste service
charges to be assessed as recorded liens upon the affected properties and ultimately
placed on the property tax bills for collection. The ordinance states that upon notification
of the property owners, a public hearing is set for solid waste service accounts that are
over ninety days delinquent. At the hearing the City Council considers the delinquent
accounts together with any objections or protests by interested parties. At the conclusion
17-1
Page 2, Item (:f
Meeting Date 12/12/0S
of the hearing, the City Council, may either approve the delinquency and amount owed on
the accounts as submitted or as modified or corrected by the City Council. Lastly, the
City Council adopts a resolution assessing such amounts as recorded liens upon the
respective parcels of land, and the amounts are charged tb the property owners on the
next regular property tax bill. As these amounts are collected, the monies are remitted to
Allied Waste Services less the City's Franchise Fees, AB939 fees and late charges.
Because charges can only be submitted for placement on the property tax bills once a
year in August, staff is recommending assessing liens on the affected properties midyear
as to better ensure the City's chances for collection. If the City were to address these
delinquent charges only once a year in August, the effectiveness of using the property tax
bill as a means of collection would be significantly reduced as the owners of record in
August would not necessarily be the people responsible for the delinquent charges. In
cases where properties are sold or transferred, assessing liens midyear holds the correct
parties responsible for the delinquent charges. In cases where property owners choose
to refinance their mortgages, the midyear liens will ensure the City receiving payment in a
more timely manner as the delinquent charges would be paid through escrow during the
refinancing process.
In July 2006, City Council approved 198 delinquent accounts valued at $24,000 to be
placed on the property tax bills for collection. Since then, Allied Waste Services has
identified and submitted an additional 1,458 delinquent accounts valued at over $184,400
to the city for collection. Through the City's preliminary collection efforts, 892 accounts
have been resolved, and the remaining 566 accounts valued at $71,500 are now being
submitted (listing available at the Finance Department). The account status and property
ownership on these accounts have been verified by both Allied Waste and City staff.
Many of these delinquent accounts have gone through the lien process before as they
continue to remain unpaid.
These property owners were notified of their delinquencies through a series of past due
notices sent by Allied Waste until they were ultimately submitted to the City for collection.
City staff sent out past due letters within the past 60 days, and two weeks ago, these
property owners were notified of the public hearing and were asked to pay their
delinquent solid waste service charges prior to transmittal of the delinquent account list to
the County to avoid a lien being placed on their property. City staff has been working with
Allied Waste to resolve any customer disputes as they arise and payment arrangements
have been set up as needed. Staff will continue to update this list as payments are
received and accounts are cleared. A final list will be submitted to the City Council for
consideration on the day of the public hearing in order to reflect the most current payment
postings.
Staff is recommending that the City Council approve the final list of delinquent solid waste
accounts as submitted, and that these charges be forwarded to the County and assessed
as recorded liens on the respective parcels of land and ultimately placed on the next
17-2
Page 3, Item 11-
Meeting Date 12/12/06
regular tax bill for collection.
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 properties that are subject to this action.
FISCAL IMPACT:
By using the property tax bill as the ultimate collection method for delinquent solid waste
service charges, over $273,000 was collected for FY 05-06. These funds were
forwarded to Allied Waste Services less the city's Franchise Fees, AB939 fees and late
charges. The City realized approximately $24,800 in Franchise Fees, $6,100 in AB939
fees, and $19,400 in late charges for FY05-06.
From this action, the City should realize approximately $13,000 in revenues with $58,500
being forwarded to Allied Waste Services.
17-3
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID
WASTE SERVICE CHARGES AS RECORDED LIENS UPON
THE RESPECTIVE PARCELS OF LAND AND APPROVING
PLACEMENT OF DELINQUENT CHARGES ON THE NEXT
REGULAR TAX BILL
WHEREAS, in November 1998, the City Council amended Municipal Code section 8.24
to eliminate suspension of solid waste service for nonpayment; and
WHEREAS, to ensure that all residents pay their fair share of the costs of this program,
the ordinance allows for delinquent solid waste service charges to be assessed as liens upon the
affected properties and ultimately placed on the property tax bills for collection; and
WHEREAS, the ordinance states that upon notification to the property owners, a public
hearing is set for solid waste service accounts that are over ninety days delinquent; and
WHEREAS, at the hearing, the City Council considers the delinquent accounts together
with any objections or protests by interested parties; and
WHEREAS, at the conclusion of the hearing, the City Council may either approve the
delinquency and amount owed on the accounts as submitted or as modified or corrected by the
City Council; and
WHEREAS, the account status and property ownership on these accounts have been
verified by both Allied Waste and City staff; and
WHEREAS, property owners were notified of their delinquencies through a series of past
due notices sent by AlliedWaste until they were ultimately submitted to the City for collection;
and
WHEREAS, staff has notified the property owners of the public hearing and these owners
were asked to pay their delinquent solid waste service charges prior to transmittal of the
delinquent account list to the County to avoid a lien being placed on their property; and
WHEREAS, staff is recommending that the City Council approve the final list of
delinquent solid waste accounts, as submitted, and that these charges be forwarded to the County
and assessed as record liens on the respective parcels of land and ultimately placed on the next
regular tax bill for collection.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby: (1) conduct the public hearing to consider assessing delinquent solid waste service
charges as liens on the affected properties; (2) overrule any and all protests or objections
presented at the public hearing; and (3) approve, with respect to the delinquent account list
17-4
Resolution No.
Page 2
submitted to the City Council and on file in the City Finance Department, assessing delinquent
solid waste service charges as liens upon the respective parcels ofland and the placement of such
delinquent charges as special assessments on the next corresponding regular tax bills, unless
cleared prior to transmittal of the delinquent account list to the County.
Presented by
Approved as to form by
Maria Kachadoorian
Director of Finance
J:\Attomey\RESO\FINANCE\Solid Waste Delinguency 12-l2-06.DOC
17-5
COUNCIL AGENDA STATEMENT
Item I 5
Meeting Date 12/12/2006
ITEM TITLE:
Resolution authorizing the City Manager or Designee to act as
the Mayor's Voting Alternate on the Metro Commission.
Resolution authorizing the City of Chula Vista's representative
on the Metro Commission to vote in support of the City of San Diego's
strategy for concurrent initiation of an application to renew the waiver and
to begin negotiations with EP A for an agreement, or consent decree, to
comply with the requirements of OPRA at the upcoming Metro
Commission meeting.
SUBMITTED BY: Director of Engineering -MJ b{
~
REVIEWED BY: Interim City Manager 1 (4J5th Vote: Yes_ NolO
On October 10, 2006, staff from the City of San Diego Metropolitan Wastewater Department
presented an update to City Council regarding their current efforts to obtain the necessary
environmental permits required for the continued operation of the Point Lorna Treatment Plant.
In a recent development, the Metro Commission, scheduled a vote on December 14, 2006
regarding this issue. The Metro Commission is an advisory body created in 1997 as part of an
agreement with the City of San Diego to give the participating agencies (PAs) a means of
providing input on discussions related to the operation and maintenance of the Metropolitan
Sewerage System,
RECOMMENDATION: That the City Council approve the Resolutions:
1. Authorizing the City Manager or Designee to act as the Mayor's Voting Alternate on the
Metro Commission.
2. Authorizing the City of Chula Vista's representative on the Metro Commission to vote in
support of the City of San Diego's strategy for concurrent initiation of an application to
renew the waiver and to begin negotiations with EP A for an agreement, or consent decree, to
comply with the requirements of OPRA at the upcoming Metro Commission meeting.
BOARDS AND COMMISSIONS: N/A
DISCUSSION:
Chula Vista's sewage is transported to the City of San Diego's Metropolitan Wastewater System,
which serves the majority of jurisdictions in the San Diego region, and is ultimately conveyed to
the Point Lorna Wastewater Treatment Plant. At the plant, the wastewater is treated to a level
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Page 2, Item IS
Meeting Date: 12/12/06
termed "advanced primary treatment" before it is discharged 4.5 miles offshore in more than 320
feet of water. Due to the fact that it is generally agreed that the advanced primary treated water
discharged from the plant does not impact the ocean and marine environment, the City of San
Diego has been successful in the past in receiving "waivers" from the Environmental Protection
Agency (EPA) to the requirement mandated by the Ocean Pollution Reduction Act (OPRA), to
upgrade the plant to secondary treatment.
'.
The EP A waiver that allows San Diego to continue operating the Point Loma Treatment Plant at
the level of advanced primary treatment will expire in June 2008. In preparation for that
expiration, San Diego needs to file an application to renew the waiver and/or begin negotiations
with the EP A for a consent decree to comply with all of the conditions of OPRA. The consent
decree would be an agreement reached between the City of San Diego and the EP A to comply
with the terms of the OPRA and would involve setting a timeline and beginning the process of
constructing the required improvements necessary to upgrade the Point Loma Treatment Plant to
the level of secondary treatment.
At the City Council meeting of October 10, 2006, Alan Langworthy, Deputy Director of
Environmental Monitoring and Technical Services Division, City of San Diego Metropolitan
Wastewater Department, gave a presentation to the City Council on the history and issues
surrounding the secondary treatment/waiver process at the Point Loma Wastewater Treatment
Plant.
The following excerpts from the October 10, 2006 presentation made by Alan Langworthy
summarize the current situation.
The Point Loma Treatment plant currently operates under a waiver. During its operation over the
past five-year waiver period, the plant has consistently been in compliance with the waiver's
discharge requirements, and actually removes more pollutants than required by the waiver. From
an historical perspective, noted scientists, including some from Scripps Oceanography Institute,
have stated that the current advanced primary treatment level at the Point Loma sewer treatment
plant is not impacting the ocean. Additional sampling and research over the last several years
continue to confirm this opinion. . Based on this information and, given the many competing
demands faced by today's municipalities, there is a good foundation for questioning whether or
not additional treatment is the best use of taxpayers' money.
However, the political/environmental climate has put pressure upon governments and treatment
plant operators to eliminate waivers and to move towards secondary treatment. Coupled with
changes in discharge requirements at the State level, it appears that this may result in the
requirement for the City of San Diego to upgrade to secondary treatment as the only way to meet
future discharge requirements.
Technological advances in sewage treatment continue to reduce the costs of transitioning to
secondary treatment. The current one billion dollar estimate for secondary treatment is based on
new technology (Biological Aeration Filtration Process), and is significantly less than the two
billion dollar estimate which was projected 15 years ago. It is anticipated that emerging
technologies will further drive down this cost. Currently, the City of San Diego is evaluating a
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Page 3, Item 10
Meeting Date: 12/12/06
process that could reduce the costs of upgrading to secondary treatment to potentially below one-
half billion dollars. However, more time is needed to explore this option.
As the financial impact to the rate payers is significant, it behooves the City of San Diego and
the PA's to pursue implementation of the most efficient technology at the most reasonable price
for the rate payer.
:
Based on these factors, it is recommended that the City Council support the City of San Diego's
current strategy of concurrently initiating the waiver application and negotiating a consent
decree. Recent discussions at Metro Commission meetings indicate that most members are in
support of this approach and will be recommending that their agencies support San Diego in their
efforts. Thus far, the cities of Coronado and Imperial Beach have provided documentation of
their support for this approach as it provides the maximum amount of flexibility in order to
pursue the most reasonable solution.
The City of San Diego has pledged to continue working with the EP A, other environmental
resource agencies and stakeholder groups in researching, testing and evaluating various
technologies that would enable the City of San Diego to meet the aPRA requirements in a more
cost effective manner.
Designation of a Voting Alternate
Based on the provisions of Section 304 (b.5) of the City Charter-Duties of the Presiding
Officer, the Mayor is charged with the responsibility of representing the City in all regional
public agencies that require an elected City Official, unless otherwise determined by the City
Council. Although the Metro Commission only requires that each agency designate a
representative and not necessarily an elected official, the sitting Mayor has historically
represented the City. Therefore, the Mayor will be representing the City on the Metro
Commission. In addition, staff recommends that the City Manager or his/her Designee be
authorized to act as the Mayor's Alternate on the Metro CommissionlJP A to ensure coverage on
those occasions where schedule conflicts may make the Mayor unavailable.
CONCLUSION:
This issue will be discussed by the Participating Agencies (PAs) at the next regular Metro
CommissionlJPA meeting, scheduled for December 14, 2006. At that time, all of the
representatives of the various PAs are scheduled to vote on whether or not their agencies support
the City of San Diego's current strategy to concurrently initiate the waiver application and begin
negotiations for a consent decree. The outcome of that vote will determine if the Metro
Commission will issue a statement/letter of support to the City of San Diego. Staff is
recommending that Council authorize the City of Chula Vista's voting member to vote in support
of San Diego's current strategy.
ENVIRONMENT AL 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
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Page 4, Item ! 6
Meeting Date: 12/12/06
CEQA Guidelines because the agreement does not authorize any activity that will result in a
physical change to the environment. Therefore, pursuant to Section l5060(c)(3) of the State
CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is
necessary.
DECISION MAKER CONFLICTS: Staff has reviewed the decision contemplated by this
action and has determined that it is not site specific and, conseq~ently, the 500-foot rule found in
California Code of Regulations section l8704.2(a)(1) is not applicable to this decision.
FISCAL IMPACT: None directly related to this action.
J :\Engineer\AG ENDA \CAS2006\ 12-12-06\Point- Lorna- Trearnent-Plant- Upgrade. doc
18-4
RESOLUTION NO.
RESOLUTION AUTHORIZING THE CITY
MANAGER OR DESIGNEE TO ACT AS THE
MAYOR'S VOTING ALTERL'JATE ON THE
METRO COMMISSION.
..
WHEREAS, the City of Chula Vista's sewage is transported to the City of San
Diego's Metropolitan Wastewater System, which serves the majority of jurisdictions in
the San Diego region; and
WHEREAS, the Metro Commission was created in 1997 as part of an agreement
with the City of San Diego [San Diego] to give participating agencies, including the City
of Chula Vista [City], a means of providing input on discussions related to the operation
and maintenance of the Metropolitan Wastewater System; and
WHEREAS, Section 304(b)(S) of the City Charter says that the Mayor has the
duty to represent the City in all regional public agencies which require an elected City
official, unless otherwise determined by the City Council; and
WHEREAS, the Mayor has historically represented the City at Metro
Commission meetings, although not required by the Metro Commission; and
WHEREAS, the City wishes to authorize the City Manager or his/her Designee to
act as the Mayor's Voting Altemate on the Metro Commission to ensure coverage on
those occasions where the Mayor is unavailable.
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
activity for compliance with the Califomia Environmental Quality Act (CEQA) and has
determined that the activity is not a .'Projecf' as detinedunder Section 1 S3 78 of the State
CEQA Guidelines because the agreement does not authorize any activity that will result
in a physical change to the environment; therefore, pursuant to Section 1 S060( c )(3) ofthe
State CEQA Guidelines the activity 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 City Manager or Designee to act as the Mayor's Voting
Alternate on the Metro Commission.
Presented by
Approved as to form by
!-r:!i:--AA ) {~ ,j:~~
Ann Moore
City Attorney
Scott Tulloch
Director of Engineering
H:\ENGINEER\RESOS\Resos200()\12-12-()()\Point LlllllU Tn:::.!tll1~nt Planl Ugrade Reso-Alternule-Design:ltioll I'evised ec_doc
18-5
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE
CITY OF CHULA VISTA'S REPRESENTATNE
ON THE METRO COMMISSION TO VOTE IN
SUPPORT OF THE CITY OF SAN DIEGO'S
STRA. TEGY FOR CONCURRENT INITIATION
OF AN APPLICATION TO RENEW THE
WANER AND TO BEGIN NEGOTIATIONS
WITH EPA FOR AN AGREEMENT, OR
CONSENT DECREE, TO COMPLY WITH THE
REQUIREMENTS OF OPRA AT THE
UPCOMING METRO COMMISSION MEETING
WHEREAS, the City of Chula Vista's sewage is transported to the City of San
Diego's [San Diego] Metropolitan Wastewater System, which serves the majority of
jurisdictions in the San Diego region, and ultimately ends up at the Point Loma
Wastewater Treatment Plant; and
WHEREAS, at the Treatment Plant, the wastewater is treated to an "advanced
primary treatment" level before it is discharged into the ocean; and
WHEREAS, because there is general agreement that the advanced primary treated
water is not impacting the ocean and marine environment, San Diego has received a
waiver from the Environmental Protection Agency [EPA] to the requirement to go to
secondary treatment of wastewater as mandated by the Ocean Pollution Reduction Act
[OPRA]; and
WHEREAS, San Diego may have to transition to secondary treatment in the
future; and
WHEREAS, San Diego plans to concun'ently initiate an application to renew the
wai vel' and to begin negotiations with the EP A for an agreement, or consent decree, to
comply with the requirements of OPRA; and
WHEREAS, the Metro Commission was created in 1997 as part of an agreement
with San Diego to give participating agencies, including the City of Chula Vista, a means
of providing input on discussions related to the operation and maintenance of the
Metropolitan Wastewater System; and
WHEREAS, the Metro Commission has scheduled a vote on December 14, 2006
to consider San Diego's plans to concurrently initiate an application to renew the waiver
and to begin negotiations with the EP A for an agreement, or consent decree, to comply
with the requirements ofOPRA; and
WHEREAS, staff seeks City Council's authorization for Chula Vista's
representative on the Metro Commission to vote in support of San Diego's strategy for
18-6
concurrent initiation of an application to renew the waiver and to begin negotiations with
EPA for an agreement, or consent decree, to comply with the requirements of OPRA at
the upcoming Metro Commission meeting.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Chula Vista that it authorizes the City of Chula Vista's representative on the Metro
Commission to vote in support of the City of San Diego's strategy for concurrent
initiation of an application to renew the waiver and to begin negotiations with EP A for an
agreement, or consent decree, to comply with the requirements ofOPRA at the upcoming
Metro Commission meeting.
Presented by
Approved as to form by
y9y;~ ()J~
AIm Moore
City Attorney
Scott TLLlloch
Director of Engineering
1.1:\ENG1NEER\RESOS\Re~os2006\12-12-(J6\Pllillt Loma Tre;:!tlllt:nt Plant Ugrade Reso L1p(IUled et::.doc
18-7