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HomeMy WebLinkAboutRDA Packet 2000/09/26 ~~f? ~-- ~ CI1Y OF CHUiA VISTA TvDDAY, 511'\'-".26, 2000 COUNCIL CHAMII.. 6:00 .... PUIUC 51RV1CD BUILDING (,_\ATlLY POUOWING THE CITY COUNCIL MEmNG) ADJOURNED JOINT MEETING OF THE REDEVELOPMENT AGENCY / CITY COUNCIL OF THE CITY OF CHULA VISTA CALL TO ORDER ROLL CALL Agency/Council Members Davis, Moo!, Padilla, Solos, and Chair/Mayor Horton CONSENT ITEMS Itelfts' anel 2 The staff recommendations regarding the following item(s) listed under the Consent Calendar will be enaded by the Agency/City Council by one motion without discussion unless an Agency/Council member, a member of the public or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Form" available in the lobby and submit it to the Secretary of the Redevelopment Agency or the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. Items pulled by the public will be the first items of business. 1. APPROVAL OF MINUTES: November 30, 1999 !hrough September 12, 2000 2. COUNCIL WAIVING THE FORMAL PUBLIC BIDDING PROCESS; AUTHORIZING THE RESOLUTION MAYOR TO EXECUTE AN AGREEMENT WITH ECONOMICS RESEARCH AGENCY ASSOCIATES (ERA) FOR PROFESSIONAL SERVICES RELATED TO THE RESOLUTION PREPARATION OF A CHULA VISTA ECONOMIC DEVELOPMENT STRATEGIC PLAN AND ECONOMIC DEVELOPMENT ELEMENT OF THE UPDATED GENERAL PLAN; AND APPROPRIATING $121,025 FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND AND $40,000 FROM THE AVAILABLE FUND BALANCE OF THE OTAY VALLEY ROAD PROJECT FUND FOR THIS PURPOSE-On 05/12/2000, Council approved a contracl with Economics Research Associo!es (ERA) to develop an Economic Developmen! S!ra!egic Plan (EDS) scope of work. The scoping process has been comple!ed and i! is noW recommended !ha! ERA be hired !o prepare !he EDS. The developmen! of !he EDS will be coordina!ed wi!h !he City's General Plan upda!e and will ul!ima!ely include !he prepara!ion of an Economic Developmen! Elemen! of !he General Plan. [Community Developmen! Direclor] STAFF RECOMMENDATION: Council/Agency adop!!he resolu!ion. AGENDA .2. SEPTEMBER 26, 2000 ORAL COMMUNICATIONS This is an opportunity for the general public to address the Redevelopment Agency/City Council on any sub;ed matter within the Agency/City's jurisdiction that is !12t an item on this agenda. (State law, however, generally prohibits the Redevelopment Agency/City Council from taking action on any issues not included on the posted agenda.) If you wish to address the Agency/City on such a subjed, please complete the "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up adion. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been advertised and/or posted as public hearings as required by law. If you wish to speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the Redevelopment Agency or the City Clerk prior to the meeting. 3. PUBLIC TO CONSIDER SUPS 01-01 (PREVIOUS CASE PCC 00-59); SPECIAL USE HEARING PERMIT TO INSTALL, OPERATE AND MAINTAIN A WIRELESS COMMUNICATIONS FACILITY CONSISTING OF 9 PANEL ANTENNAS MOUNTED TO A 60-FT. MONOPALM, AND A 300 SQUARE FT. EQUIPMENT BUILDING-The proposed proied is a request for a Special Use Permit to construct and operate an unmanned cellular communications facility at 3554 Main Street, the site of the Otay Recreation Center. The projecl will consist of a fenced off equipment area measuring approximately 300 sq. ft., and a 60-foot high monopolm supporting a GPS antenna and nine panel antennas. The proied is a Class I Categorical Exemption from environmental review, minor alteration of an existing public facility, per the California Environmental Quality AcI (CEQA). [Community Development Director) STAFF RECOMMENDATION: Agency adopt the resolution. AGENCY TO APPROVE SPECIAL USE PERMIT 01-01 TO COX/SPRINT PCS TO RESOLUTION CONSTRUCT AN UNMANNED CELLULAR COMMUNICATIONS FACILITY AT 3554 MAIN STREET 4. PUBLIC TO CONSIDER GRANTING A SPECIAL USE PERMIT TO ALLOW A PEAK LOAD HEARING POWER PLAN ON THE PROPERTY LOCATED AT 3497 MAIN STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA-The proposed Peak Load Power Plant is an eleclrical power generation plant designed to meet the local and regional eleclricol requirements as well as providing for regional transmission system and local distribution grid support. The main funclion of a Peak Load plant is to produce additional eleclricol power during periods of high demand, and function as support for the regular power generation and distribution system. The applicant is requesting approval of a Special use Permit and design plans for the construclion of a plant which involves the installation of eleclrical general equipment of a 3.5 acre property located south of Main Street and Albany Avenue close to the Otoy River Valley. [Community Development Direclor] (CONTINUED FROM THE MEETING OF 9/12/00\ STAFF RECOMMENDATION: Agency adopt the resolutions. .. AGENDA .3. SEPTEMBER 26, 2000 a) AGENCY ADOPTING MITIGATED NEGATIVE DECLARATION 15-00-39 AND RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT TO ALLOW THE SITING OF A PEAK LOAD POWER PLANT AT 3497 MAIN STREET b) AGENCY APPROVING AN OWNER PARTICIPATION AGREEMENT WITH PG&E RESOLUTION DISPERSED GENERATING COMPANY, LLC FOR THE CONSTRUCTION OF A PEAK LOAD POWER PLANT AT 3497 MAIN STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT OTHER BUSINESS 5. DIRECTOR'S REPORT(s) 6. CHAIR'S REPORT(S) 7. AGENCY COMMENTS ADJOURNMENT The meeting will adjourn to the regular meeting of Redevelopment Agency on October 3, 2000 at 4:00 p.m., immediately following the City Council meeting, in the City Council Chambers. - MINUTES OF AN ADJOURNED MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA November 30, 1999 6:00 p.m. An Adjourned Meeting of the Redevelopment Agency of the City ofChu1a Vista was called to order by Chair Horton at 8:27 p.m. in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. 1. ROLL CALL PRESENT: Agency Members Davis, Moot, Padilla, Salas, Chair Horton ABSENT: Agency Members: None CONSENT CALENDAR 2. RESOLUTION NO. 1650, APPROVING AN AMENDED AND RESTATED OWNER PARTIClPATION AGREEMENT WITH THE GREENWALD COMPANY FOR THE DEVELOPMENT OF 76,885 SQUARE-FOOT BUILDING AT 690 OXFORD STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA On September 22, 1998, the Agency approved an Owner Participation Agreement (OPA) with the Greenwald Company for the development of a 76,885 square-foot building at 690 Oxford Street. The project is complete and is being occupied by the County of San Diego. The developer is in the process of obtaining permanent financing for the project and is proposing to make changes to some of the provisions in the OP A in order to expedite the lending process. The modifications are not substantial and will not affect the purpose and intent of the OPA. ACTION: Chair Horton offered the Consent Calendar, heading read, text waived. The motion carried 5-0. ORAL COMMUNlCATIONS There were none. OTHER BUSINESS 3. EXECUTIVE DIRECTOR'S REPORTS There were none. 4. CHAIR'S REPORTS There were none. - - OTHER BUSINESS (Continued) 5. AGENCY MEMBER COMMENTS There were none. ADJOURNMENT At 8:34 p.m., Chair Horton adjourned the meeting to the Regular Meeting of December 7, 1999, at 4:00 p.m., immediately following the City Council meeting. Respectfully submitted, ~tLLl~~ Susan Bigelow, CMC/AAE, City Clerk Page 2 - RDA Minutes 11/30/99 - - MINUTES OF A REGULAR MEETING OF THE REDEVELOPMENT AGENCY AND ADJOURNED MEETINGS OF THE HOUSING AUTHORITY AND CITY COUNCIL OF THE CITY OF CHULA VISTA December 7, 1999 4:00 p.m. A Regular Meeting of the Redevelopment Agency and Adjourned Meetings of the Housing Authority and City Council of the Ciry ofChula Vista were called to order by Mayor/Chair Horton at 5:15 p.m. in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chu1a Vista, California. CALL TO ORDER 1. ROLL CALL: PRESENT: CounciVAgency/Authority Members Davis, Moot, Padilla, Salas, and Mayor/Chair Horton ABSENT: CounciV Agency/Authority Members: None 2. APPROVAL OF MINUTES FOR JUNE 29, 1999 (HOUSING AUTHORlTY) ACTION: Mayor/Chair Horton moved to approve the Housing Authority minutes of June 29, 1999. CounciVAgency Member Davis seconded the motion, and it carried 5-0. ORAL COMMUNICATIONS There were none. PUBLIC HEARlNGS AND RELATED RESOLUTIONS AND ORDINANCES 3. CITY COUNCIL CONSIDERATION OF THE ISSUANCE OF TAX EXEMPT . OBLIGATIONS WITH RESPECT TO THE PROPOSED PEARTREE APARTMENT ACQUISITION AND REHABILITATION PROJECT A) HOUSING AUTHORlTY RESOLUTION REGARDING ITS INTENTION TO ISSUE TAX EXEMPT OBLIGATIONS FOR THE PEARTREE APARTMENT ACQUISITION AND REHABILITATION PROJECT B) COUNCIL RESOLUTION APPROVING THE ISSUANCE, SALE' AND DELlVERY OF MULTI-FAMlLY HOUSING REVENUE BONDS BY THE HOUSING AUTHORlTY OF THE CITY OF CHULA VISTA FOR THE PEARTREEAPARTMENT ACQUISITION ANDREHABll-ITATIONPROJECT Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. -- PUBLIC HEARINGS (Continued) Community Development Director Salomone explained the project and requested actions. Mayor/Chair Horton opened the public hearing and asked if anyone from the audience wished to speak. There was no response. She then closed the hearing. ACTION: Mayor/Chair Horton offered Housing Authority Resolution No. HA-11 Regarding Its Intention to Issue Tax Exempt Obligations for the Peartree Apartment Acquisition and Rehabilitation Project; and Council Resolution No. 19706, Resolution of the City Council of the City of Chula Vista Approving the Issuance, Sale and Delivery of Multi-Family Housing Revenue Bonds by the Housing Authority of the City of Chula Vista for the Peartree Apartment Acquisition and Rehabilitation Project, headings read, texts waived. The motion carried 5-0. 4. JOINT RESOLUTION APPROVING THE SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE WILSON GROUP, THE CITY OF CHULA VISTA, AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA FOR THE REMAINDER OF THE 2000 LEGlSLATNE SESSION, AND AUTHORIZING THE MAYOR/CHAIR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF CHULA VISTA AND REDEVELOPMENT AGENCY Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Intergovernmental Affairs Coordinator Kelly presented the item to the Council. Mayor/Chair Horton opened the hearing and asked if anyone from the audience wished to speak. There was no response. She then closed the hearing. ACTION; Mayor/Chair Horton offered Council Resolution No. 19707 and Redevelopment Agency Resolution No. 1655, Resolution of the City Council and the Redevelopment Agency of the City of Chula Vista Approving the Second Amendment to the Agreement Between the Wilson Group, the City of Chu1a Vista, and the Redevelopment Agency of the City of Chula Vista for the Remainder of the 2000 Legislative Session, and Authorizing the Mayor/Chair to Execute Said Agreement on Behalf of the City of Chula Vista and Redevelopment Agency, heading read, text waived. The motion carried 5-0. 5. AGENCY MEMBER COMMENTS There were none. ADJOURNMENT At 5:35 p.m., Mayor/Chair Horton adjourned the meeting to the Regular Meeting of December 14, 1999, immediately following the City Council meeting. Respectfully submitted, ~ ~ ~ d.L.f~ ~ Susan Bigelow, CMC/ , City Clerk Page 2 - Council/RDAlHousing Authority Minutes 12/07/99 - .. MINUTES OF AN ADJOURNED MEETING OF THE CITY COUNCIL, THE HOUSING AUTHORlTY AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA December 14, 1999 6:00 p.m. Adjourned meetings of the City Council, the Housing Authority and the Redevelopmep.t Agency of the City of Chula Vista were called to order at 6:52 p.m. in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chu1a Vista, California. 1. ROLLCALL: PRESENT: Agency/Council/Authority Members Davis, Moot, Padilla, Salas, Chair/Mayor Horton ABSENT: Agency/Council/Authority Members: None CONSENT ITEMS (Items 2 through 3) 2. AGENCY RESOLUTION NO. 1657 AND COUNCIL RESOLUTION NO. 19724, JOINT RESOLUTION OF THE REDEVELOPMENT AGENCY AND CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING 1998-1999 BLIGHT PROGRESS REPORT In 1998, the State Legislature adopted changes to the reporting requirements of local Redevelopment Agencies requiring the annual adoption of Blight Progress Reports (Health and Safety Code § 33080.1 (d). This is the first fiscal year in which these reports are due to the State Controller. The reports are in the form of a summary record of "major projects and expenditures" undertaken to eliminate blight in adopted redevelopment project areas. (Director of Community Development) Staff recommendation: The Agency and City Council adopt the resolution. 3. AGENCY RESOLUTION NO. 1658 APPROVING A CONTRACT WITH ECONOMICS RESEARCH ASSOCIATES AND TUCHSHER DEVELOPMENT ENTERPRlSES TO PROVIDE CONSULTING SERVICES FOR DOWNTOWN BUSINESS RECRUITMENT STRATEGY AND IMPLEMENTATION In July 1999, the Agency issued a Request for Proposals (RFP) for the development of a comprehensive business recruitment strategy and recruitment services for the Town Centre I Redevelopment Project Area. The RFP generated a total of eight proposals following distribution to over 100 consulting firms. Interviews of the eight respondents were conducted by a panel that included representatives ITom the Town Centre Project Area Committee, the Downtown Business Association, and the Community Development Department's Economic Development and Redevelopment Divisions. The selection panel unanimously recommended selection of the Economics Research Associates (ERA) and Tuchscher Development Enterprises team. (Director of Community Development) Staff recommendation: The Agency adopt the resolution. ACTION: Chair/Mayor Horton moved to approve staff recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0. - .. ORAL COMMUNlCATIONS There were none, PUBLIC HEARlNGS AND RELATED RESOLUTIONS AND ORDINANCES 4. PUBLIC HEARING: CITY COUNCIL CONSIDERA nON OF THE ISSUANCE OF TAX EXEMPT OBLIGATIONS BY THE HOUSING AUTHORITY WITH RESPECT TO SALT CREEK VILLAS AFFORDABLE HOUSING PROJECT A. HOUSING AUTHORlTY RESOLUTION NO. HA-12 REGARDING ITS lNTENTION TO ISSUE TAX EXEMPT OBLIGATIONS FOR SALT CREEK VILLAS B. COUNCIL RESOLUTION NO. 19725 APPROVING THE ISSUANCE, SALE AND DELIVERY OF MUL TI-F AMIL Y HOUSING REVENUE BONDS BY THE HOUSING AUTHORlTY OF THE CITY OF CHULA VISTA FOR SALT CREEK VILLAS The City has received a request ftom Chelsea Investment Corporation to issue an $8,000,000 Tax Exempt Multi-Family Revenue Bond to finance a proposed 15O-unit rental housing project, with a minimum of 40 percent of the units to be affordable to low income households. The project is to be known as "Salt Creek Villas," located west of the Olympic Training Center on Olympic Parkway within the EastLake II and III subdivisions of eastern Chula Vista. The City Council is being asked to hold a public hearing on the question of whether the Housing Authority should issue tax-exempt bonds for the financing of the project. Additionally, it is requested that the Housing Authority adopt a resolution expressing its preliminary intention to issue bonds and the Council adopt a resolution authorizing the issuance, sale and delivery of the bonds by the Authority. The requested actions are preliminary and do not commit the Authority to issue the bonds or to provide other financial assistance. Such preliminary actions are necessary in order to allow the project developer to submit an application to the State bonding authority. (Director of Community Development) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Authority/Agency/Council Member Salas asked Staff to ensure that adequate public transportation would be made available to the project. Chair/Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak. There was no response, and she closed the public hearing. ACTION: Deputy Mayor/Agency/Authority Member Moot offered Housing Authority Resolution No. HA-12, Resolution of the Housing Authority of the City of Chula Vista regarding its Intention to Issue Tax -Exempt Obligations for Salt Creek Villas; and Council Resolution No. 19725, Resolution of the City Council of the City of Chula Vista Approving the Issuance, Sale and Delivery of Multifamily Housing Revenue Bonds of the Housing Authority of the City of Chula Vista for Salt Creek Villas, headings read, texts waived. The motion carried 5-0. Page 2 - CouncillRDA/Housing Authority Minutes 12/14/99 - .. ACTION ITEMS 5. AGENCY RESOLUTION NO. 1659 AND COUNCIL RESOLUTION NO. 19726, JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING A CONCEPTUAL FINANCIAL PLAN FOR THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AND AUTHORlZING STAFF TO ASSEMBLE A FINANCIAL TEAM AND RELATED CONTRACTS AND DOCUMENTS TO PROCEED In May 1999, the Council and the Agency secured the services of Rod Gunn Associates (RGA) to analyze the Agency's fiscal condition. RGA is recommending a two-phased financial plan to meet specific Agency financial objectives. Phase I proposes the issuance of tax-exempt bonds from the OtayValleyRoad, Town Centre II and Southwest Project Areas to be used to repay some inter-fund loans, eliminate existing fund balance deficits in the Bayfront/Town Centre I and Southwest project areas, and provide funding for future Agency projects in order to take advantage of the development opportunities in the current growth economy. Phase II contemplates a financial merger of all of the project areas and subsequent issuance of more bonds before 2004, which is the last year to incur debt in the original areas of Bayfront/Town Centre I, Town Centre II and Otay Valley Road. Phase II is not recommended at this time since the tax increment revenue picture in the Bayfront project area is unclear. (Director of Community Development, Finance Director) Community Development Director Salomone presented the background of the Agency, the objectives of the Financial Plan, and recommended that the Council and Agency adopt the resolution and authorize Staff to assemble a financial team and related contracts and documents in order to proceed. ACTION: Chair/Mayor Horton offered Agency Resolution No. 1659 and Council Resolution No. 19726, Joint Resolution of the City Council and the Redevelopment Agency of the City of Chula Vista Approving a Conceptual Financial Plan for the Redevelopment Agency of the City of Chu1a Vista and Authorizing Staff to Assemble a Financial Team and Related Contracts and Documents to Proceed, heading read, text waived. The motion carried 5-0. OTHER BUSINESS 6. DIRECTOR'S REPORTS There were none. 7. MAYOR'S/CHAIR'S Reports There were none. 8. AGENCY/AUTHORITY/COUNCIL MEMBER COMMENTS There were none. At 7:25 p.m., Chair/Mayor Horton recessed the meeting to Closed Session. Page 3 - Council/RDAlHousing Authority Minutes 12/14/99 . .. CLOSED SESSION 9. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Agency-owned parcels at the northwest comer of Third Avenue and H Street Negotiating parties: Redevelopment Agency (Chris Salomone) and Chrismatt Corporation, a California Corporation, dba Pieri Company (James V. Pieri) Under Negotiation: Price and terms for disposition/acquisition Instructions were given to the Negotiator. 10. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTIClP A TED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c), INlTIATION OF LITIGATION One case Instructions were given to Counsel. ADJOURNMENT At 8:50 p.m., Chair/Mayor Horton adjourned the meeting. Respectfully submitted, ~ a..c..~ Susan Bigelow, CMC/AAE, City Clerk Page 4 - Counci1/RDAlHousing Authority Minutes 12/14/99 - .. MINUTES OF A REGULAR MEETING OF THE REDEVELOPMENT AGENCY AND AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA January 4, 2000 4:00 p.m. A Regular Meeting of the Redevelopment Agency and an Adjourned Regular Meeting of the City Council of the City ofChula Vista were called to order by Chair/Mayor Horton at 4:37 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. On roll call, there were: PRESENT: Agency/Council Members Davis, Moot, Padilla, Salas, Chair Horton ABSENT: Agency/Council Members: None ACTION ITEMS 2. AGENCY RESOLUTION NO. 1656 AND CITY COUNCIL RESOLUTION NO. 2000- 010, JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AMENDING THE FY 1999-00 BUDGETS FOR THE COMMUNlTY DEVELOPMENT DEPARTMENT AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA TO ADD TWO COMMUNlTY DEVELOPMENT SPECIALIST POSITIONS AND CONVERT A TEMPORARY, GRANT-FUNDED "BUSINESS RETENTION SPECIALIST" POSITION TO A COMMUNlTY DEVELOPMENT SPECIALIST II AND APPROPRlATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) The Community Development Department will assume a prominent lead role in several important, high profile, comprehensive efforts over the next few years, including the General Plan update for western Chula Vista, a City-wide Economic Development Strategy, the Business Response Team, and implementation of the Agency Financial Plan. The current growth economy will present the City and the Redevelopment Agency with tremendous opportunities, for both the short and long terms, to ensure that Chula Vista will have a strong, diversified and thriving local economy. Currently, the Department has a heavy project workload that requires a high level of project management/negotiation expertise, as well as a number of other high profile pending projects, including Crystal Bay, the auto park and water park expansions, EastLake Business Park, and various affordable housing negotiations. The Department is looking at reorganizing project management responsibilities and believes that additional staff are necessary in order to accomplish these goals. (Community Development Director) Community Development Director Salomone explained the proposed reorganization. ACTION: Mayor/Chair Horton offered Agency Resolution No. 1656 and Council Resolution No. 2000-010, headings read, texts waived. The motion carried unanimously. - .. --"---- ORAL COMMUNlCATIONS There were none. OTHER BUSINESS 6. DIRECTOR'S REPORTS There were none. 7. CHAIR'S REPORTS There were none. 8. AGENCY MEMBER COMMENTS There were none. ADJOURNMENT At 4:40 p.m., Chair/Mayor Horton adjourned the City Council to its Regular Meeting to be held on January 11, 2000; and the Redevelopment Agency to an Adjourned Meeting to be held on January 11, 2000, immediately following the City Council meeting. Respectfully submitted, ~Lu.tUJ ~g'~ Susan Bigelow, CMC/AAE, City Clerk Page 2 - Counci1/RDA Minutes 01/04/2000 - .. MINUTES OF AN ADJOURNED MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA January 11,2000 6:00 p.m. An Adjourned Meeting of the Redevelopment Agency of the City of Chula Vista was called to order by Deputy Chair Moot at 6:19 p.m. in the Council Chambers located in the Public Services Building. 276 Fourth Avenue, Chula Vista, California. 1. ROLL CALL: PRESENT: Agency Members Davis, Moot, Padilla, and Salas ABSENT: Chair Horton ORAL COMMUNlCA TIONS There were none. ACTION ITEMS 2. AGENCY RESOLUTION CONDITIONALLY APPROVING FINANCIAL ASSISTANCE IN THE FORM OF A RESIDUAL RECEIPT LOAN FROM THE LOW AND MODERATE INCOME HOUSING FUND IN AN AMOUNT NOT-TO-EXCEED $1,387,152 TO CHELSEA INVESTMENT CORPORATION FOR THE ACQillSITION AND REHABILITATION OF PEAR TREE MANOR APARTMENTS (4/5THS VOTE REQUIRED) ACTION: Agency Member Davis moved to continue this item to January 18, 2000. Agency Member Padilla seconded the motion, and it carried 4-0. OTHER BUSINESS 3. DIRECTOR'S REPORTS There were none. 4. CHAIR'S REPORTS There were none. 5. AGENCY MEMBER COMMENTS There were none. ADJOURNMENT At 6:26 p.m., Deputy Chair Moot adjourned the meeting to the Regular Meeting of January 18. 2000. Respectfully submitted, ;;;;;;;:it.ù ~~ ~ Susan Bigelow, CMC/AAE, City Clerk - - MINUTES OF A REGULAR MEETING OF THE REDEVELOPMENT AGENCY AND AN ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA January 18, 2000 6:00 p.m. A Regular Meeting of the Redevelopment Agency and an Adjourned Meeting of the City Council of the City of Chu1a Vista were called to order by Chair/Mayor Horton at 7:25 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. CALL TO ORDER 1. ROLLCALL: PRESENT: Agency/Council Members Davis, Moot, Padilla, Salas, and Chair/Mayor Horton ABSENT: Agency/Council Members: None CONSENT ITEMS 2. AGENCY RESOLUTION NO. 1660 AND /COUNCIL RESOLUTION NO. 2000-022, JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE ASSESSMENT DISTRICT NO. 90-2 REIMBURSEMENT AGREEMENT PROVIDING FOR REPAYMENT TO THE AGENCY OF AN OUTSTANDING $440,087 LOAN On March 9,1993, the City/Agency entered into an agreement with the Darling Delaware Company that deferred payment of the assessment fees for their property located on Otay Valley Road. The deferral was granted due to ongoing efforts to clean up the property and the resulting limitations on developabi1ity and sale of the property. The Agency loaned to Darling Delaware the assessment fee that was to be repaid to the Agency upon development or sale. In December 1999, Darling Delaware sold the property to LandBank. LandBank will, in turn, be selling the property to the end user, Investment Development Services (IDS). The property is presently in escrow, with the transaction scheduled to close in March 2000. LandBank has requested a deferral of the fees until after IDS closes the property. IDS has agreed to pay the assessment district fees after they purchase the property. (Community Development Director) ACTION: Chair/Mayor Horton offered Agency Resolution No. 1660 and Council Resolution No. 2000-022, heading read, text waived. The motion carried 5-0. ORAL COMMUNlCATIONS There were none. - - ACTION ITEMS 3. AGENCY RESOLUTION NO. 1661, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA CONDITIONALLY APPROVING FINANCIAL ASSISTANCE IN THE FORM OF A RESIDUAL RECEIPT LOAN FROM THE LOW AND MODERATE INCOME HOUSING FUND IN AN AMOUNT NOT-TO-EXCEED $1,387,152 TO CHELSEA INVESTMENT CORPORATION FOR THE ACQUISITION AND REHABILITATION OF PEAR TREE MANOR APARTMENTS (4/5TIIS VOTE REQUIRED; CONTINUED FROM THE MEETING OF JANUARY 11,2000) On December 7, 1999, the Council and Housing Authority held a public hearing to consider the issuance of tax-exempt obligations to finance the Chelsea Investment Corporation (Chelsea) acquisition and rehabilitation of a 119-unit complex known as Pear Tree Manor, located at 1025 Broadway. Chelsea is in the process of preparing an application for an allocation of the 2000 state ceiling on private activity bonds for multi- family rehabilitation projects 1Ìom the California Debt Limit Allocation Committee (CDLAC). The application process is competitive and needs to demonstrate readiness to complete the project and strong support 1Ìom the community. Staff has reviewed Chelsea's most recently submitted pro forma, which indicates an approximate financing gap of$1,387,152. Staff recommends approval of the resolution in order for Chelsea to submit an application to CDLAC by the February 15, 2000 deadline. (Community Development Director) Housing Coordinator Arroyo presented the item to Council. James Schmid, representing Chelsea Investment Corporation, spoke regarding the financing and stated that the company intends to upgrade the property and existing units. ACTION: Chair/Mayor Horton offered Agency Resolution No. 1661, heading read, text waived. The motion carried 5-0. OTHER BUSlNESS 4. DIRECTOR'S REPORTS There were none. 5. CHAIRS REPORTS There were none. 6. AGENCY MEMBER COMMENTS There were none. At 7 :49 p.m., Chair/Mayor Horton recessed the meeting to Closed Session Page 2 - Counci1/RDA Minutes 01/18/00 - .. CLOSED SESSION 7. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Agency-owned parcels at the northwest comer of Third Avenue and H Street Negotiating parties: Redevelopment Agency (Chris Salomone) and Chrismatt Corporation, a California Corporation, dba Pieri Company (James V. Pieri) Under Negotiation: Price and terms for disposition/acquisition Instructions were given to the Negotiator. 8. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: 1) 565-010-30 and 567-011-05 Midbayfront 96.57 acres 2) 567.010-28 Bayfront Park 4.94 acres 3) 567-011-01,565-01-12, SDG&E ROW 9.8 acres(appx) 565-010-15, ptn 565-010-18 4) 567-021-11, ptn 565-290-39 SD&AE ROW 2.3 acres(appx) 5) 565-310-09,565-310-25 Street Merziotis 6.35 acres 6) 567-011-04 Marina Motor Hotel 1.0 acres 7) 567-010-18 Cappos 2.01 acres 8) 567-010-19 Shangri La 2.73 acres 9) 567-021-32 Lagoon Drive Park 1.14 acres Negotiating Parties: Redevelopment Agency/City ofChula Vista (Chris Salamone); Chula Vista Capital, B.F. Goodrich, SDG&E, SD&AE, Tuchscher Development Enterprises, Inc. Under Negotiation: Price and terms for disposition/acquisition This item was not discussed. ADJOURNMENT At 9:50 p.m., Chair/Mayor Horton adjourned the meetings to a Regular Meeting of the City Council and an Adjourned Meeting of the Redevelopment Agency to be held January 25, 2000. Respectfully submitted, ~lUdLL~ fJ..&.- Susan Bigelow, CMC/ AAE, City Clerk Page 3 - Counci1/RDA Minutes 01/18/00 - . .. MINUTES OF AN ADJOURNED MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VlSTA JANUARY 25, 2000 6:00P.M. An Adjourned Regular Meeting of the Redevelopment Agency of the City of Chula Vista was called to order by Chair Horton at 8:45 p.m. in the Council Chambers, located in the Public Services Building 276 Fourth Avenue, Chula Vista, California. 1. ROLL CALL: PRESENT: Agency Members Davis, Moot, Padilla, Salas, and Chair Horton ABSENT: Agency Members: None ORAL COMMUNlCATIONS There were none. OTHER BUSINESS 2. DlRECTOR'S REPORTS There were none. 3. CHAIR'S REPORTS There were none. 4. AGENCY MEMBER COMMENTS There were none. At 9:00 p.m., Chair Horton recessed the meeting to Closed Session CLOSED SESSION 5. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: 1) 565-010-30 and 567-011-05 Midbayfront 96.57 acres 2) 567-010-28 Bayfront Park 4.94 acres 3) 567-011-01,565-01-12, SDG&E ROW 9.8 acres(appx) 565-010-15, ptn 565-010-18 4) 567-021-11, ptn 565-290.39 SD&AE ROW 2.3 acres(appx) 5) 565-310-09,565-310-25 Street Merziotis 6.35 acres 6) 567-011-04 Marina Motor Hotel 1.0 acres 7) 567-010-18 Cappos 2.01 acres 8) 567-010-19 Shangri La 2.73 acres 9) 567-021-32 Lagoon Drive Park 1.14 acres .. CLOSED SESSION (Continued) Negotiating Parties: Redevelopment Agency/City ofChula Vista (Chris Salomone); Chula Vista Capital, B.F. Goodrich, SDG&E, SD&AE, Tuchscher Development Enterprises, Inc. Under Negotiation: Price and terms for disposition/acquisition Instructions were given to the negotiator. Instructions were given to the negotiator. ADJOURNMENT At 9:55 p.m., Chair Horton adjourned the meeting to the Regular Meeting of February 1, 2000. Respectfully submitted, ~11.L~~J It) , Susan Bigelow, CMC/AAE, City Clerk Page 2 - RDA Minutes 01/25/00 - .. MINUTES OF A REGULAR MEETING OF THE REDEVELOPMENT AGENCY AND AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FEBRUARY 15,2000 6:00 P.M. A Regular Meeting of the Redevelopment Agency and an Adjourned Regular Meeting of the City Council of the City of Chu1a Vista were called to order by Chair/Mayor Horton at 6:26 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chu1a Vista, California. 1. ROLL CALL: PRESENT: Agency/Council Members Davis, Moot, Padilla, Salas, and Chair/Mayor Horton ABSENT: Agency/Council Members: None CONSENT CALENDAR 2. AGENCY RESOLUTION NO. 1662 AND COUNCIL RESOLUTION NO. 2000-061, JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWF;EN THE CITY OF SAN DIEGO AND THE CITY OF CHULA VISTA SELECTING SITE #1 AS THE PRIMARY SITE UNDER CONSIDERATION FOR THE LOCATION AND CONSTRUCTION OF A SOUTH BAY PUMP STATION NECESSARY TO THE METROPOLITAN SEWERAGE SYSTEM The City of San Diego's Metropolitan Wastewater Department (MWWD) is responsible for the Metropolitan Sewage System (Metro), which handles the wastewater of the City of San Diego and 15 member agencies, including the City of Chula Vista. MWWD is developing additional sewerage capacity to serve the South County and needs to develop a pump station in the vicinity of State Route 54 and Interstate 5. MWWD and the City have worked cooperatively to develop a Memorandum of Understanding that commits both parties to work towards the mutual goal of siting a pump station compatible with Metro's needs and Chula Vista's redevelopment efforts. Staff recommendation: The Agency/Council adopt the resolution. 3. ACCEPTANCE OF REPORT: AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED JUNE 30, 1999 The Audited Financial Statements for the fiscal year ended June 30, 1999, as prepared by the independent audit firm of Calderon, Jaham & Osborn, was presented for infonnation and acceptance. Both the City's and the Agency's Annual Financial Reports received unqualified (clean) opinions from the independent audit firm. Staff recommendation: The Agency/Council accept the report. ACTION: Chair/Mayor Horton moved to approve staff recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0. - - ORAL COMMUNlCATIONS There were none. OTHER BUSINESS 2. DIRECTOR'S REPORTS There were none. 3. CHAIR'S REPORTS There were none. 4. AGENCY MEMBER COMMENTS There were none. CLOSED SESSION 6. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: 1) 565-010-30 and 567-011-05 Midbayfront 96.57 acres 2) 567-010-28 Bayfront Park 4.94 acres 3) 567-011.01,565-01-12, SDG&E ROW 9.8 acres(appx) 565-010-15, ptn 565-010-18 4) 567-021-11, ptn 565-290-39 SD&AE ROW 2.3 acres(appx) 5) 565-310-09,565-310-25 Street Merziotis 6.35 acres 6) 567-011-04 Marina Motor Hotel 1.0 acres 7) 567-010.18 Cappos 2.01 acres 8) 567-010-19 Shangri La 2.73 acres 9) 567-021-32 Lagoon Drive Park 1.14 acres Negotiating Parties: Redevelopment Agency/City ofChu1a Vista (Chris Salamone); Chula Vista Capital, B.F. Goodrich, SDG&E, SD&AE, Tuchscher Development Enterprises, Inc. Under Negotiation: Price and terms for disposition/acquisition Closed Session was cancelled, and the above item was not discussed. ADJOURNMENT At 6:29 p.m., Chair/Mayor Horton adjourned the meeting to the Adjourned Regular Meeting to be held on February 22, 2000, at 6:00 p.m. Respectfully submitted, ~d.L~8"~ Susan Bigelow, CMC/AAE, City Clerk Page 2 - Counci1/RDA Minutes 02/15/00 - .. MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA FEBRUARY 22, 2000 6:00P.M. Adjourned Regular Meetings of the City Council and the Redevelopment Agency of the City of Chula Vista were called to order at 7:06 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Av.enue, Chula Vista, California. 1. ROLL CALL: PRESENT: Agency/Council Members Davis, Moot, Padilla, Salas, and Chair/Mayor Horton ABSENT: Agency/Council Members: None CONSENT CALENDAR 2. AGENCY RESOLUTION NO. 1663 AND COUNCIL RESOLUTION NO. 2000-067, JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA WAlVING THE FORMAL BID REQUIREMENTS AND AWARDING A PURCHASE AGREEMENT TO SAFEW A Y SIGNS FOR THE MANUFACTURE AND INSTALLATION OF CALTRANS SIGNS FOR MAIN STREET AND AUTO PARK DRlVE On October 5, 1999, the Council and Redevelopment Agency approved changing the name ofOtay Valley Road to Main Street from west of Interstate 805 easterly to SR-125, with an overlay of Auto Park Drive from Interstate 805 easterly to Brandywine. City staff and CalTrans intend to have the signs installed by mid-April 2000. Safeway Sign Company is the sole vendor used by CalTrans for the manufacturing of their signs. (Community Development Director) Staff recommendation: The Council! Agency adopt the resolution. ACTION: Chair/Mayor Horton offered the Consent Calendar, heading read, text waived. The motion carried 5-0. ORAL COMMUNICATIONS There were none. OTHER BUSINESS 2. DIRECTOR'S REPORTS There were none. OTHER BUSINESS (Continued) 3. CHAIR'S REPORTS There were none. 4. AGENCY MEMBER COMMENTS There were none. At 7:10 p.m., ChairlMayor Horton recessed the meeting to Closed Session. CLOSED SESSION 6. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: 1) 565-010-30 and 567-011-05 Midbayfi'ont 96.57 acres 2) 567-010-28 Bayfi'ont Park 4.94 acres 3) 567-011-01,565-01-12, SDG&E ROW 9.8 acres(appx) 565-010-15, ptn 565-010-18 4) 567-021-11, ptn 565-290-39 SD&AE ROW 2.3 acres(appx) 5) 565-310-09,565-310-25 Street Merziotis 6.35 acres 6) 567-011-04 Marina Motor Hotel 1.0 acres 7) 567-010-18 Cappos 2.01 acres 8) 567-010-19 Shangri La 2.73 acres 9) 567-021-32 Lagoon Drive Park 1.14 acres Negotiating Parties: Redevelopment Agency/City ofChula Vista (Chris Salomone); Chula Vista Capital, B.F. Goodrich, SDG&E, SD&AE, Tuchscher Development Enterprises, Inc. Under Negotiation: Price and terms for disposition/acquisition No action was taken. ADJOURNMENT At 7:40 p.m., ChairlMayor Horton adjourned the Council to a workshop in the Council Conference Room and the Redevelopment Agency to the Regular Meeting of March 7, 2000. Respectfully submitted, ~£Lu~å~ Susan Bigelow, CMC/ AAE, City Clerk Page 2 - Counci1/RDA Minutes 02/22/2000 - .. MINUrES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA MARCH 16,2000 4:00 p.m. Adjourned Regular Meetings of the City Council and the Redevelopment Agency of the City of Chu1a Vista were called to order by Mayor/Chair Horton at 4:08 p.m, in the Council Conference Room, located in the Administration Building, 276 Fourth Avenue,'Chula Vista, California. 1. ROLL CALL PRESENT: Agency/Council Members Davis, Moot, Padilla, Salas and Chair/Mayor Horton (Councilmember Salas arrived at 4:26 p.m.) ABSENT: Agency/Council Members: None ALSO PRESENT: City Manager Rowlands, Assistant City Attorney Googins, City Clerk Bigelow 2. WORKSHOP TO DISCUSS A CONCEPTUAL FINANCIAL PLAN FOR THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AND AUTHORIZE STAFF AND THE AGENCY FINANCIAL TEAM TO PREP ARE THE RELATED DOCUMENTS TO PROCEED In May 1999, Council and the Agency secured the services of Rod Gunn Associates (RGA) to analyze the Agency's fiscal condition. RGA is recommending a two-phased financial plan to meet specific Agency financial objectives. Phase I proposes the issuance of tax-exempt bonds ftom the Otay Valley Road, Town Centre II and Southwest Project Areas to be used to repay some inter-fund loans, eliminate existing fund balance deficits in the Bayftont/Town Centre I and Southwest project areas, and provide funding for future Agency projects in order to take advantage of the development opportunities in the current growth economy. Phase II contemplates a financial merger of all the project areas and subsequent issuance of more bonds before 2004, which is the last year to incur debt in the original areas of Bayfront/Town Centre I, Town Centre II and Otay Valley Road. It is recommended that Council approve, in concept, the revised plan and authorize staff and the Agency to prepare all the necessary bond documents for formal consideration by the Council/Agency at the earliest possible date. (Community Development Director and Finance Director) Community Development Director Salomone, Assistant Director Haynes, and representatives from RGA presented the proposed financial plan for Council consideration. ACTION: Councilmember Padilla moved conceptual approval of the revised plan and authorized staff and the Agency to prepare the necessary bond documents for formal consideration by the Council and Agency at the earliest possible date. Councilmember Davis seconded the motion, and it carried 4-0-1, with Councilmember Salas abstaining due to her late arrival atthe meeting. Page 1 - Council/RDA Minutes 03/16/2000 - .. ORAL COMMUNlCATIONS There were none. ADJOURNMENT At 4:43 p.m., Chair/Mayor Horton adjourned the meetings to Regular Meetings of the Council and the Agency on March 21, 2000. Respectfully submitted, ~lttuJ~r~ Susan Bigelow, CMC/AAE, City Clerk Page 2 - Council/RDA Minutes 03/16/00 - .. MINUTES OF AN ADJOURNED MEETING OF THE CITY COUNCIL AND A REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA MARCH 21, 2000 6:00 P.M. An Adjourned Regular Meeting of the City Council and a Regular Meeting of the Redevelopment Agency were called to order by Chair/Mayor Horton at 6:31 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chu1a Vista, California. 1. ROLL CALL: PRESENT: Agency/Council Members Davis, Moot, Padilla, Salas, and Chair Horton ABSENT: Agency/Council Members: None ORAL COMMUNICATIONS There were none. OTHER BUSINESS 2. DIRECTOR'S REPORTS There were none. 3. CHAIR'S REPORTS There were none. 4. AGENCY MEMBER COMMENTS There were none. At 6:33 p.m., Chair/Mayor Horton recessed the meeting to Closed Session. CLOSED SESSION 5. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 a. Property: 1) 565-010-30 and 567-011-05 Midbayfront 96.57 acres 2) 567-010-28 Bayfront Park 4.94 acres 3) 567-011-01,565-01-12, SDG&E ROW 9.8 acres(appx) 65-010-15, ptn 565-010-18 4) 567-021-11, ptn 565-290-39 SD&AE ROW 2.3 acres(appx) .. CLOSED SESSION (Continued) 5) 565-310-09,565-310-25 Street Merziotis 6.35 acres 6) 567-011-04 Marina Motor Hotel 1.0 acres 7) 567-010-18 Cappos 2.01 acres 8) 567-010-19 Shangri La 2.73 acres 9) 567-021-32 Lagoon Drive Park 1.14 acres Negotiating Parties: Redevelopment Agency/City ofChula Vista (Chris Salomone); Chula Vista Capital, B,F. Goodrich, SDG&E, SD&AE, Tuchscher Development Enterprises, Inc. Under Negotiation: Price and terms for disposition/acquisition The above item was not discussed. b. Property: 644-041-07 through 644-041-07 6.91 acres Negotiating Parties: Redevelopment Agency/City of Chula Vista (Chris Salomone/Sid Morris) and Landbank (Kyle Cascioli) Under Negotiation: Price and terms for acquisition Instructions were given to the Negotiator. ADJOURNMENT At 7:30 p.m., ChairlMayor Horton adjourned the meetings. Respectfully submitted, ~ ð-L ~ ...Lea-- Susan Bigelow, CMC/AAE, City Clerk Page 2 - Counci1/RDA Minutes 03/21/2000 - .. MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA MARCH 28, 2000 6:00P.M. Adjourned Regular Meetings of the City Council and the Redevelopment Agency of the City of Chula Vista were called to order by Deputy Chair/Deputy Mayor Moot at 6:58 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. 1. ROLL CALL: PRESENT: Agency/Council Members Davis, Moot, Padilla, Salas ABSENT: Chair/Mayor Horton BUSINESS 2. AGENCY RESOLUTION NO. 1664 AND COUNCIL RESOLUTION NO. 2000-100, JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE REIMBURSEMENT OF UP TO $150,000 TO HOUSE OF BLUES FOR LANDSCAPE MEDIAN IMPROVEMENTS ON MA1N STREET AND AUTHORlZING THE MAYOR TO EXECUTE A REIMBURSEMENT AGREEMENT IN A FORM APPROVED BY THE CITY ATTORNEY On November 7, 1995, the Council approved the construction of the Coors Amphitheatre. Staff has been working to construct landscape improvements in the median located east of Nirvana on Main Street (Otay Valley Road). The improvements are proposed to be constructed in two phases, at an estimated cost of $400,000. The first phase, consisting of palm trees, is planned for installation by April 20, 2000. The second phase is planned for October 2000 and will consist of additional trees, shrubbery and ground plantings. Phase One is estimated to cost $150,000. House of Blues will fund the improvements, subject to City reimbursement of up to $150,000. Staff proposes that the City's contribution be made from unanticipated revenue from the sale of property, as well as from Redevelopment Agency funds. (Community Development Director) ACTION: Agency/Council Member Salas offered Council Resolution 2000-100 and Agency Resolution No. 1664, headings read, texts waived. The motion carried 4-0. OTHER BUSINESS 3. DIRECTOR'S REPORTS There were none. - .. OTHER BUSINESS (Continued) 4. CHAIR'S REPORTS There were none. 5. AGENCY MEMBER COMMENTS There were none. ADJOURNMENT At 7:03 p.m., Deputy Chair/Deputy Mayor Moot adjourned the meetings to the Regular Meeting of the City Council and an Adjourned Regular Meeting of the Redevelopment Agency to be held on April 11, 2000. Respectfully submitted, ~d.u~~ Susan Bigelow, CMC/AAE, City Clerk Page 2 - Counci1/RDA Minutes 03/28/00 - .. MlNUTES OF A REGULAR MEETING OF THE REDEVELOPMENT AGENCY AND AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APRIL 18,2000 6:00 P.M. An Adjourned Meeting of the City Council and a Regular Meeting of the Redevelopment Agency of the City of Chula Vista were called to order at 10:20 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chu1a Vista, California. ROLL CALL: PRESENT: Agency/Council Members Davis, Moot, Padilla, Salas, and Chair/Mayor Horton ABSENT: Agency/Council Members: None ORAL COMMUNlCATIONS There were none. OTHER BUSINESS 1. DIRECTOR'S REPORTS There were none. 2. CHAIR'S REPORTS There were none. 3. AGENCY MEMBER COMMENTS A. Mary Salas: Letter to Port dated April 10, 2000 requesting modifications to RFQ process for BFG South Campus and other Port properties; request Agency develop a position on Port RFQ process and provide appropriate direction to staff, Councilmember Salas asked how the City could participate in the selection of the developer. Staff explained that the Port's RFQ process schedule calls for the developer to be selected by May 16th. City staff will join Port District staff in reviewing the proposals, and the Council will meet with the Port District Board to make recommendations regarding a developer. At 10:24 p.m., Chair/Mayor Horton recessed the meetillg to Closed Session. - .. ..,...--. CLOSED SESSION 4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: I) 565-010-30 and 567-011-05 Midbayfront 96.57 acres 2) 567-010-28 Bayfront Park 04.94 acres 3) 567-011-01,565-01-12, SDG&E ROW 09.8 acres(appx) 565-010-15, ptn 565-010-18 4) 567-021-11, ptn565-290-39 SD&AE ROW 02.3 acres(appx) 5) 565-310-09,565-310-25 Street Merziotis 06.35 acres 6) 567-011-04 Marina Motor Hotel 01.0 acres 7) 567-010-18 Cappos 02.01 acres 8) 567-010-19 Shangri La 02.73 acres 9) 567-021-32 Lagoon Drive Park 01.14 acres Negotiating Parties: Redevelopment Agency/City of Chula Vista (Chris Salomone); Chula Vista Capital, B.F. Goodrich, SDG&E, SD&AE, Tuchscher Development Enterprises, Inc. Under Negotiation: Price and terms for disposition/acquisition No action was taken. 5. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Agency v. Shinohara (Case No. GISO02460) This item was not discussed. At 11:10 p.m., Chair/Mayor Horton adjourned the meetings. Respectfully submitted, ~ð--U~'~~ Susan Bigelow, CMC/AAE, City Clerk Page 2 - Council/RDA Minutes 04/18/00 - .. MINUTES OF AN ADJOURNED MEETING OF THE CITY COUNCIL AND A REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA May 2, 2000 4:00 p.m. An Adjourned Meeting of the City Council and a Regular Meeting of the Redevelopment Agency of the City of Chula Vista were called to order by Mayor/Chair Horton at 7:38 p.m., immediately following the Regular Meeting of the City Council, in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. On roll call, there were: PRESENT: Agency/Councilmembers Davis, Moot, Padilla, Salas, Chair/Mayor Horton. ABSENT: None CONSENT CALENDAR (Items 1 and 2) 1. AGENCY RESOLUTION NO. 1665, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING NEGATIVE DECLARATION IS-00-09 AND APPROVING OWNER PARTICIPATION AGREEMENT WITH THE DAN COMPANY FOR THE DEVELOPMENT OF AN INDUSTRIAL BUILDING LOCATED AT 680 L STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA The Dan Company is proposing the construction of a 36,900 square-foot industrial building on a graded vacant lot at 680 L Street, located in the Southwest Redevelopment Project Area. The building will be used for the warehousing and distribution of commercial goods. (Community Development Director) Staff recommendation: The Agency adopt the resolution. 2. AGENCY RESOLUTION NO. 1666, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING A CONTRACT AMENDMENT FOR ON-CALL LEGAL SERVICES FOR THE GATEWAY CHULA VISTA PROJECT Gateway Chula Vista LLC has proposed to develop approximately 4.5 acres of property located at the northwest corner of Third Avenue and H Street. The Agency and the development team for Gateway have been negotiating the terms and conditions for a Disposition and Development Agreement for the project since early 1999. Additional consultant time, specifically, specialized legal services not to exceed $45,000, is needed to finalize the negotiations and prepare final documents for presentation to the Agency in May. (Community Development Director) Staff recommendation: The Agency adopt the resolution. ACTION: Chair/Mayor Horton moved to approve staff recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0. ORAL COMMUNlCATIONS There were none. - .. ACTION ITEMS 3. CONSIDERATION OF ADOPTION OF RESOLUTIONS APPROVING THE AGENCY FINANCIAL PLAN AND ASSOCIATED AGENCY BUDGET AMENDMENT, APPROVING THE SALE OF THREE SERIES OF REDEVELOPMENT AGENCY 2000 TAX ALLOCATION BONDS FOR THREE REDEVELOPMENT PROJECTS, AND AUTHORlZlNG THE EXPENDITURE OF LOW AND MODERATE INCOME HOUSING FUNDS OUTSIDE THE PROJECT AREA In May 1999, the services of Rod Gunn Associates (RGA) were secured to prepare an Agency Financial Plan to evaluate the Agency's financial status. As a result of their analysis, RGA is recommending the issuance of tax-exempt tax allocation bonds to be secured by property tax increment from the Otay Valley Road, Town Centre II and Southwest Project Areas. The bond proceeds would be used to repay some inter-fund loans and provide funding for future Agency projects over the next three to five years. ACTION: Chair/Mayor Horton offered the following resolutions, headings read, texts waived: A. AGENCY RESOLUTION NO. 1668, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE AGENCY FINANCIAL PLAN AND AMENDING V ARlOUS AGENCY PROJECT AREA FISCAL YEAR 2000 BUDGETS IN ACCORDANCE WITIl THE APPROVED AGENCY FINANCIAL PLAN AND AUTHORIZING THE V ARlOUS INTER-PROJECT AREA ADVANCES AND ADVANCE REPAYMENTS RELATED THERETO, AND AUTHORIZING THE EXPENDITURE OF LOW AND MODERATE INCOME HOUSING FUNDS OUTSIDE THE PROJECT AREA B. AGENCY RESOLUTION NO. 1667, RESOLUTION OF THE REDEVELOPMENT AGENCY OF TIlE CITY OF CHULA VISTA AUTHORIZING AND DlRECTING THE ISSUANCE AND SALE OF (I) NOT-TO-EXCEED $7,000,000 PRINCIPAL AMOUNT 2000 TAX ALLOCATION BONDS FOR THE TOWN CENTRE NO. II REDEVELOPMENT PROJECT, (II) NOT-TO-EXCEED $7,000,000 PRINCIPAL AMOUNT 2000 TAX ALLOCATION BONDS FOR THE OT A Y V ALLEY ROAD REDEVELOPMENT PROJECT, AND (ill) NOT- TO-EXCEED $4,000,000 PRINCIPAL AMOUNT 2000 TAX ALLOCATION BONDS FOR THE SOUTHWEST REDEVELOPMENT PROJECT, AND APPROVING AN OFFICIAL NOTICE OF SALE FOR EACH, A CONTINUING DISCLOSURE CERTIFICATE FOR EACH, APPROVING THE PREPARATION AND DISTRIBUTION OF A PRELlMINARY OFFICIAL STATEMENT AND FINANCING DOCUMENTS, AUTHORIZING THE SALE OF THE 2000 BONDS ON CERTAIN TERMS AND CONDITIONS, AUTHORIZING CERTAIN OTHER OFFICIAL ACTIONS AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO, AND APPROVING A CONTRACT WITH ROD GUNN ASSOCIATES FOR FINANCIAL ADVISOR SERVICES AND WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL Page 2 - Counci1/RDA Minutes 05/02/00 - '- ACTION ITEMS (Continued) C. COUNCIL RESOLUTION NO. 2000-142, JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING AND DIRECTING THE ISSUANCE AND SALE OF (I) NOT-TO-EXCEED $7,000,000 PRINCIPAL AMOUNT 2000 TAX ALLOCATION BONDS FOR THE TOWN CENTRE NO. II REDEVELOPMENT PROJECT, (II) NOT-TO- EXCEED $7,000,000 PRINCIPAL AMOUNT 2000 TAX ALLOCATION BONDS FOR THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT, AND (III) NOT. TO-EXCEED $4,000,000 PRINCIPAL AMOUNT 2000 TAX ALLOCATION BONDS FOR THE SOUTHWEST REDEVELOPMENT PROJECT, AND APPROVING AN OFFICIAL NOTICE OF SALE FOR EACH, A CONTINUING DISCLOSURE CERTIFICATE FOR EACH, APPROVING THE PREPARATION AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND FINANCING DOCUMENTS, AUTHORlZING THE SALE OF THE 2000 BONDS ON CERTAIN TERMS AND CONDITIONS, AUTHORlZING CERTAIN OTHER OFFICIAL ACTIONS AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO, AND APPROVING A CONTRACT WIlli ROD GUNN ASSOCIATES FOR FINANCIAL ADVISOR SERVICES AND WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL D. COUNCIL RESOLUTION NO. 2000-143, JOINT RESOLUTION OF THE CITY COUNCIL OF CHULA VISTA AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE AGENCY FINANCIAL PLAN AND AMENDING V ARlOUS AGENCY PROJECT AREA FISCAL YEAR 2000 BUDGETS IN ACCORDANCE WITH THE APPROVED AGENCY FINANCIAL PLAN AND AUTHORlZING THE V ARlOUS INTER-PROJECT AREA ADVANCES AND ADVANCE REPAYMENTS RELATED lliERETO, AND AUTHORlZING THE EXPENDITURE OF LOW AND MODERATE INCOME HOUSING FUNDS OUTSIDE lliE PROJECT AREA The motion carried unanimously. OTHER BUSINESS 4. DIRECTOR'S/CITY MANAGER'S REPORTS There were none. 5. CHAIR'SIMA YOR'S REPORTS There were none. 6. AGENCY/COUNCIL COMMENTS There were none. Page 3 - CounciI/RDA Minutes 05/02/00 - .. At 7:50 p.m., Chair/Mayor Horton recessed the meeting to Closed Session. CLOSED SESSION 7. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: 1) 565-010-30 and 567-011-05 Midbayftont 96.57 acres 2) 567-010-28 BayfrontPark 04.94 acres 3) 567-011-01,565-01-12, SDG&E ROW 09.8 acres(appx) 565-010-15, ptn 565-010-18 4) 567-021-11, ptn 565-290-39 SD&AE ROW 02.3 acres(appx) 5) 565-310-09, 565-310-25 Street Merziotis 06.35 acres 6) 567-011-04 Marina Motor Hotel 01.0 acres 7) 567-010-18 Cappos 02.01 acres 8) 567-010-19 Shangri La 02.73 acres 9) 567-021-32 Lagoon Drive Park 01.14 acres Negotiating Parties: Redevelopment Agency/City ofChula Vista (Chris Salamone); Chula Vista Capital, B.F. Goodrich, SDG&E, SD&AE, Tuchscher Development Enterprises, Inc. Under Negotiation: Price and terms for disposition/acquisition 8. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Agency v. Shinohara (Case No. GlSO02460) This item was not discussed ADJOURNMENT At 8:30 p.m., Chair/Mayor Horton adjourned the meeting to an Adjourned Redevelopment Agency Meeting to be held May 9, 2000, at 6:00 p.m., immediately following the City Council meeting. Respectfully submitted, ~ ¿1..Lt~~~~ Susan Bigelow, CMC/ AAE, City Clerk Page 4 - Counci1/RDA Minutes 05/02/00 - .. MINUTES OF AN ADJOURNED REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA MAY 9, 2000 6:00 P.M. An Adjourned Regular Meeting of the Redevelopment Agency of the City of Chula Vista was called to order at 7:02 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Agency Members Davis, Moot, Padilla, Salas, and Chair Horton ABSENT: Agency Members: None ORAL COMMUNlCATIONS There were none. OTHER BUSINESS 1. DIRECTOR'S REPORTS There were none. 2. CHAIR'S REPORTS There were none. 3. AGENCY MEMBER COMMENTS There were none. At 7:04 p.m., Chair Horton recessed the meeting to Closed Session. CLOSED SESSION 4. CONFERENCE WITH LEGAL COUNSEL REGARDlNG EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Agency v. Shinohara (Case No. GISO02460) Instructions were given to Counsel. ADJOURNMENT At 7:20 p.m., Chair Horton adjourned the meeting to the Regular Meeting of May 16, 2000. Respectfully submitted, ~tk ~~~ Susan Bigelow, CMC/AAE, City Clerk - .. MINUTES OF AN ADJOURNED MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA May 16, 2000 1 :00 p.m. An Adjourned Meeting of the City Council and the Redevelopment Agency of the City ofChula Vista, held concurrently with the Board of Port Commissions of the San Diego Unified Port District, was convened at 1 :02 p.m. at the Port District office located at 3165 Pacific Highway, San Diego, California. On roll call, there were: PRESENT: Agency/Councilmembers Davis, Moot, Padilla, Salas, Chair/Mayor Horton. ABSENT: None ORAL COMMUNICATIONS There were none. ACTION ITEMS 1. CONSIDERATION OF QUALIFICATIONS OF RESPONDENTS TO THE SAN DIEGO UNIFIED PORT DISTRlCT RFQ FOR THE DEVELOPMENT OF CHULA VISTA BA YSIDE COMMERCIAL PROPERTIES The Port of San Diego issued a RFQ for development of the Chula Vista commercial site. The Port received two responses, one ftom Lennar Partners and one ftom Koll Development Company. Port staff and City staff analyzed the responses and interviewed both candidates. City staff, in concurrence with Port staff, believes that both respondents are well-qualified and financially capable and reputable firms. (Community Development Director) Staff recommendation: The Redevelopment Agency/City Council deliberate on the qualifications ofthe respondents to the Port District RFQ and present their individual views and recommendations to the Port Commission. Deputy Mayor Moot noted that he would abstain ftom the discussion and left the dais. ACTION: Mayor Horton and Councilmembers Davis, Padilla and Salas presented their individual recommendations to the Board of Port Commissioners, which selected Lennar Partners as the successful developer for the project. ADJOURNMENT At 4:20 p.m., Chair/Mayor Horton adjourned the meeting. Respectfully submitted, ~ 1 6..u~~ Susan Bigelow, CMC/ AAE, City Clerk - - MINUTES OF AN ADJOURNED MEETING OF THE CITY COUNCIL AND A REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA MAY 16,2000 6:00P.M. An Adjourned Meeting of the City Council and a Regular Meeting of the Redevelopment Agency of the City of Chu1a Vista were. called to order at 6:50 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Agency/Council Members Davis, Moot, Padilla, Salas, and Chair/Mayor Horton ABSENT: Agency/Council Members: None ALSO PRESENT: City Manager/Executive Director Rowlands, City Attorney/ Agency Counsel Kaheny, and City Clerk Bigelow ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 1. CONSIDERATION OF ADOPTION OF A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND GATEWAY CHULA VISTA LLC FOR THE PURPOSE OF DEVELOPMENT A 304,000 SQUARE-FOOT MIXED OFFICE AND RETAIL DEVELOPMENT AND 1,015 SPACE PARKING STRUCTURE, ENTITLED THE GATEWAY CHULA VISTA PROJECT, ON A 16-PARCEL SITE AT THE NORTHWEST CORNER OF THIRD AVENUE AND H STREET IN DOWNTOWN CHULA VISTA, WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Chair/Mayor Horton opened the public hearing and asked if anyone ITom the audience wished to speak; there was no response. ACTION: Chair/Mayor Horton moved to continue the hearing to the meeting of May 23, 2000, at the recommendation of staff. Agency/Council Member Moot seconded the motion, and it carried 5-0. OTHER BUSINESS 2. DIRECTOR'S REPORTS There were none. - .. OTHER BUSINESS (Continued) 3. CHAIR'S REPORTS There were none. 4. AGENCY MEMBER COMMENTS There were none. CLOSED SESSION Closed Session was cancelled, and the following item was not discussed. 5. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Agency v. Shinohara (Case No. GISO02460) . ADJOURNMENT At 6:52 p.m., Chair/Mayor Horton adjourned the meetings. Respectfully submitted, ~ð-U~¿(~ Susan Bigelow, CMC/ AAE, City Clerk Page 2 - Council/RDA minutes 05/16/00 - .. MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND A REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA JUNE 6, 2000 4:00 p.m. An Adjourned Regular Meeting of the City Council and a Regular Meeting of the Redevelopment Agency of the City. of Chula Vista were called to order by Chair/Mayor Horton at 4:40 p.m., in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chu1a Vista, California. . ROLL CALL PRESENT: Agency/Council Members: Davis, Moot, Padilla, Salas, and Chair/Mayor Horton (Agency/Councilmember Salas arrived at 4:58 p.m.) ABSENT: Agency/Council Members: None ORAL COMMUNlCATIONS There were none. CONSENT CALENDAR (Items 1 thru 4) Chair/Mayor Horton noted that Consent Calendar Items #2 and #4 would be removed for separate consideration. 1. APPROVAL OF MINUTES of September 21, October 5, October 12, October 19, November 9, November 16, and November 30,1999 Staff recommendation: The Agency approve the minutes. 3. AGENCY RESOLUTION NO. 1669, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AN OWNER PARTICIPATION AGREEMENT WITH THE ORTIZ CORPORATION FOR THE DEVELOPMENT OF A GARAGE/WAREHOUSE AT 788 ENERGY WAY WITHIN THE OT A Y V ALLEY ROAD REDEVELOPMENT PROJECT AREA The Ortiz Corporation proposes to construct a 3,533 square-foot garage/warehouse at its existing construction yard located at 788 Energy Way, which is within the boundaries of the Otay Valley Road Redevelopment Project Area. The building will be used for minor repair and maintenance of vehicles and for storage. The proposed land use is allowed under the General Plan, the Otay Valley Road Redevelopment Plan, and the Zoning Ordinance. Staffrecommendation: The Agency adopt the Resolution. Page 1 - Council/RDA Minutes 06/06/2000 - .. CONSENT CALENDAR (Continued) ACTION: Chair/Mayor Horton moved to approve staff recommendations and offered Consent Calendar Items #1 and #3, headings read, texts waived. The motion carried 4-0, with Councilmember Salas not yet present. 2. AGENCY RESOLUTION ADOPTING NEGATIVE DECLARATION IS-OO-13, APPROVING COASTAL DEVELOPMENT PERMIT DRC-0038, AND APPROVING AN OWNER PARTICIPATION AGREEMENT WITH JACK-IN-THE-BOX INCORPORATED FOR THE DEVELOPMENT OF A GAS STATION WITH CONVENlENCE STORE AND DRlVE- THRU RESTAURANT WITHIN THE BA YFRONT REDEVELOPMENT PROJECT AREA Jack-in-the-Box Incorporated proposes to construct a gas station, convenience store and drive-through restaurant at the northeast corner of Bay Boulevard and J Street, which is within the boundaries of the Bayfront Redevelopment Project Area. The proposed land use is allowed under the General Plan and the Bayfront Specific Plan. Staff recommendation: The Agency adopt the Resolution. Mayor Horton expressed concerns about the amount of trash generated by this type of business and asked whether language could be incorporated into the permit to require the owner or lessee to make certain the area is regularly cleaned and maintained free of trash. She also expressed concern with the proposed project design, stating that it should fit in with what is proposed to be one of Chula Vista's signature developments. Staff responded by detailing the design structure and proposed signage. Mr. Carl Roy, representing Jack-In-The-Box Incorporated, stated that the proposed design is different than that of a regular Jack-In-The-Box, and an effort has been made to provide a design that conforms to the present look of the bayfront. He also asked Council to approve the proposed signage, once final approval has been received from the Design Review Committee. Mayor Horton asked if a freeway sign could be placed by Caltrans as an alternative to the proposed project signage. Staff responded that the applicant believed the project would be dependent upon its own signage. Mayor Horton stated that she could not support the proposed type of sign on the bayfront. Councilmember Padilla asked how critical the sign was to the success of the project. Mr. Hoy stated that he did not wish to sacrifice approval of the project as a whole because of the signage issues. Staff also commented that the signage would be brought back for Council consideration once approved by the Design Review Committee. Councilmember Salas asked about the proposed project landscaping. Staff responded that the project will have extensive landscaping, and the provisions of the landscape plan would be forwarded to Council. Page 2 - Council/RDA Minutes June 6, 2000 - .. CONSENT CALENDAR (Continued) Deputy Mayor Moot expressed concern about the type of proposed sign at a critical intersection on the bayftont and felt its approval could create problems over the longer term. Councilmember Padilla stated that the City should be selective about developments in the bayfront area and that he would oppose any pole signs along the bayftont. He also said that the project and its signage should be considered at the same time and suggested that the sign issue be resolved and then the whole project returned for Council consideration. Councilmember Davis was concerned that the project might be inappropriate for the area. ACTION: Councilmember Padilla moved to refer the project back to staff to be considered along with the signage. Deputy Mayor Moor seconded the motion, and it carried 5-0. 4. AGENCY RESOLUTION NO. 1670, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING NEGATlVE DECLARATION IS-00-12 AND APPROVING OWNER PARTIClPATION AGREEMENT WITH THE MAIN SQUARE CORPORATION FOR THE DEVELOPMENT OF AN lNDUSTRlAL BUILDING LOCATED AT THE SOUTHEAST CORNER OF MAIN STREET AND FOURTH AVENUE WITHIN THE SOUTHWEST REDEVELOPMENT PROffiCT AREA The Main Square Corporation proposes to construct a 22,640 square-foot industrial building at the southeast comer of Main Street and Fourth Avenue, which is within the boundaries of the Southwest Redevelopment Project Area. The building will be used for the establishment of automobile repair shops. Mayor Horton expressed support for revitalizing the area with new development but was concerned about the type of businesses allowed. Staff responded that the project will be well- designed and landscaped, and there will be no parking or work performed on the street. ACTION: Chair/Mayor Horton offered Agency Resolution No. 1670, heading read, text waived. The motion carried 5-0. ORAL COMMUNlCATIONS There were none. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 5. PUBLIC HEARING TO CONSIDER ADOPTION OF A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND GATEWAY CHULA VISTA LLC FOR THE PURPOSE OF DEVELOPING A 304,000 SQUARE-FOOT MlXED OFFICE AND RETAIL DEVELOPMENT AND 1,014-SPACE PARKING STRUCTURE, ENTITLED THE GATEWAY CHULA VISTA PROffiCT, ON A 16-PARCEL SITE AT THE NORTHWEST CORNER OF THIRD AVENUE AND H STREET IN DOWNTOWN CHULA VISTA, WITHIN THE TOWN CENTRE I REDEVELOPMENT PROffiCT AREA Page 3 - Council/RDA Minutes June 6, 2000 - ,. PUBLIC HEARINGS (Continued) The comer of Third Avenue and H Street represents a unique redevelopment opportunity that links the Third Avenue downtown shopping district with the South County Government Center and the Chu1a Vista Shopping Center. In order to activate this important location and strengthen the emerging Chula Vista office and retail market, Agency staff has been negotiating with the development team for the Gateway Chula Vista Project since June 1998, with the adoption by the Agency Board of a Semi-Exclusive Negotiating Agreement (SENA) with the Chrismatt Corporation. The SENA was extended for six months in June of 1999, with Gateway Chu1a Vista LLC as the new development entity, during which time the final terms of the business deal were negotiated. During the past several months, the specifics of the Disposition and Development Agreement (DDA) have been negotiated, including all aspects of the sale of Agency land and other terms and conditions of the development proposal. [Community Development Director; continued from the meeting of May 23, 2000] Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Community Development Director Salomone explained the proposed project to the Council and audience. Chair/Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak. There was no response, and she closed the hearing. ACTION: Chair/Mayor Horton offered the following Resolutions, headings read, texts waived: AGENCY RESOLUTION NO. 1671 AND COUNCIL RESOLUTION NO. 2000- 182, A JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA (A) APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT AND RELATED AGREEMENTS BETWEEN THE AGENCY AND GATEWAY CHULA VISTA, LLC FOR THE DEVELOPMENT OF A MIXED-USED COMMERCIAL/OFFICE PROJECT AT THE NORTHWEST CORNER OF . THIRD AND H STREET; (B) MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH; (C) AUTHORlZING EXECUTION OF SAID AGREEMENT; AND (D) APPROVING FUNDING OF THE PROJECT WITH VARlOUSAGENCYSOURCESANDCDBGFUNDS The motion carried (5-0). OTHER BUSINESS 6. DlRECTOR'S REPORTS There were none Page 4 - CouncillRDA Minutes June 6, 2000 - .. OTHER BUSINESS (Continued 7. CHAIR'S REPORTS There were none 8. AGENCY MEMBER COMMENTS There were none ADJOURNMENT At 6:30 p.m., Chair/Mayor Horton adjourned the City Council to an Adjourned Regular Meeting to be held June 12, 2000, at 6:00 p.m., and the Redevelopment Agency to an Adjourned Regular Meeting to be held June 13th, 2000 at 6:00 p.m. Respectfully submitted, /~ /' Lorraine Bennett, Deputy City Clerk Page 5 - Council/RDA Minutes June 6, 2000 - - MINUTES OF ADJOURNED REGULAR MEETINGS OF THE REDEVELOPMENT AGENCY AND CITY COUNCIL AND A SPECIAL MEETING OF THE HOUSING AUTHORlTY OF THE CITY OF CHULA VISTA JUNE 13, 2000 6:00P.M. Adjourned Regular Meetings of the City Council and the Redevelopment Agency and a Special Meeting of the Housing Authority of the City ofChula Vista were called to order at 8:44 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Agency/Authority/Council Members Davis, Moot, Padilla, Salas, and Chair/Mayor Horton ABSENT: Agency/Authority/Council Members: None CONSENT ITEMS Mayor Horton noted that Item #2 would be removed fìum the Consent Calendar and considered as an Action Item. 1. a. AGENCY RESOLUTION NO. 1677 AND COUNCIL RESOLUTION NO. 2000-194, JOINT RESOLUTION OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT TO DBX, INC. FOR THE "PARK WAY STREET LIGHT REPLACEMENT BETWEEN THIRD AND FOURTH AVENUES IN THE CITY OF CHULA VISTA, CA (RD-230)" PROJECT AND APPROPRlATING UNANTICIPATED REVENUES FROM THE BAYFRONT/TOWN CENTRE I REDEVELOPMENT FUND IN THE AMOUNT OF $97,619 AND RETURNING $57,003 IN APPROPRlATED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FROM THIS PROJECT TO THE CDBG FUND BALANCE (4/5THS VOTE REQUIRED) b. AGENCY RESOLUTION NO. 1678, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA REGARDING THE AGENCY'S INTENTION TO ISSUE TAX EXEMPT OBLIGATIONS TO FINANCE THE PARK WAY STREET LIGHT REPLACEMENT PROGRAM (RD-230) On April 26, 2000, the Director of Public Works received sealed bids from five electrical contractors for the Park Way street light replacement project between Third and Fourth Avenues (RD-230). A low bid of$84,116 was received from DBX Inc. of Temecu1a, CA. (Director of Public Works) ACTION: Mayor Horton offered Agency Resolutions Nos. 1677 and 1678, headings read, texts waived. The motion carried 5-0. - .. ACTION ITEMS 2. HOUSING AUTHORlTY RESOLUTION NO. HA-20, RESOLUTION OF THE HOUSING AUTHORlTY OF THE CITY OF CHULA VISTA AUTHORIZING THE ISSUANCE, SALE AND DELlVERY OF THE HOUSING AUTHORlTY OF THE CITY OF CHULA VISTA MULTI-FAMlLY HOUSING MORTGAGE REVENUE BONDS (pEAR TREE MANOR APARTMENTS), SERIES 2000 a, AND THE HOUSING AUTHORlTY OF THE CITY OF CHULA VISTA MULTI-FAMlLY HOUSING MORTGAGE REVENUE BONDS (pEAR TREE MANOR APARTMENTS) SERIES 2000 b, IN A COMBINED PRlNCIPAL AMOUNT NOT TO EXCEED $5,500,000; AUTHORIZING THE EXECUTION AND DELlVERY OF SUCH BONDS AND OTHER RELATED DOCUMENTS AND APPROVING OTHER RELATED ACTIONS IN CONNECTION WITH THE ISSUANCE OF THE BONDS The Pear Tree Manor apartment complex, located in the western portion of the City, consists of 119 units. Chelsea Investment Corporation plans to acquire and substantially rehabilitate the interior and exterior of the buildings. On April 26, 2000, the California Debt Limit Allocation Committee (CDLAC) awarded Chelsea over $5.2 million in Multi- Family Housing Mortgage Revenue Bonds for this project. On May 23, 2000, the Agency approved fmancial assistance and related loan agreements with St. Regis Park, LP in an amount not-to-exceed $1,387,152 for the acquisition and rehabilitation of Pear Tree Manor apartments. With the approval of the loan agreements and the CDLAC allocation in place, the next step in the process is for the Authority to approve the issuance of the bonds and the related bond documents. (Community Development Director) Community Development Specialist Atwood explained the proposed project. ACTION: Council/Agency/Authority Member Davis offered Resolution No. HA-20, heading read, text waived. The motion carried 5.0. ORAL COMMUNlCATIONS There were none. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 3. PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMlT FOR THE DEVELOPMENT OF A MIXED-USE PROJECT THAT INCLUDES 15,000 SQUARE FEET OF COMMERCIAL SPACE AND 106 AFFORDABLE HOUSING UNlTS AT THE NORTHEAST CORNER OF MAIN AND BROADWAY WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA AND GRANTING A TWENTY- FOUR PERCENT (24%) DENSITY BONUS AND OTHER ADDITIONAL INCENTIVES PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65915 The applicant, Avalon Communities, LLC, is requesting approval of a Special Use Permit for the construction of a mixed-use development that includes 106 affordable housing units and 15,000 square feet of retail commercial space on 4.54 acres located on the northeast corner of Main Street and Broadway, within the Southwest Redevelopment Project Area and the Montgomery Specific Plan area. The project is known as Main Plaza and is to be owned and operated by Avalon Communities. (Community Development Director) Page 2 - CouncillRDAlHousing Authority Minutes 06/13/00 - .. PUBLIC HEARINGS (Continued) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Senior Community Development Specialist Tapia presented the project proposal and benefits. Chair/Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak. There was no response, and she closed the hearing. ACTION: Chair/Mayor Horton offered Agency Resolution No. 1673, Agency Resolution No. 1674 and Council Resolution No. 2000-193, headings read, texts waived, as follows: AGENCY RESOLUTION NO. 1673, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA CONDITIONALLY APPROVING FINANCIAL ASSISTANCE NOT TO EXCEED $1,060,000 TO AVALON COMMUNITIES FOR THE DEVELOPMENT OF A MIXED USE PROJECT, INCLUDING 106 AFFORDABLE UNITS AGENCY RESOLUTION NO. 1674 AND COUNCIL RESOLUTION NO. 2000- 193, RESOLUTION OF THE REDEVELOPMENT AGENCY AND THE CITY COUNCIL OF THE CITY OF CHULA VISTA (A) ADOPTING NEGATIVE DECLARATION IS 00-47; (B) GRANTING SPECIAL USE PERMIT SUPS 00- 09; (C) APPROVING AN OWNER PARTICIPATION AGREEMENT WITH AVALON COMMUNITIES FOR THE DEVELOPMENT OF A MIXED-USE PROJECT THAT INCLUDES 15,000 SQUARE FEET OF RETAIL COMMERCIAL SPACE AND 106 AFFORDABLE HOUSING UNITS LOCATED AT THE NORTH EAST CORNER OF MAIN STREET AND BROADWAY WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA; AND (D) GRANTING A TWENTY FOUR PERCENT (24%) DENSITY BONUS, A REDUCTION IN THE REQUIRED PARKING FOR THE RESIDENTIAL UNITS AND THE COMMERCIAL USE, A REDUCTION IN OPEN SPACE FOR THE RESIDENTIAL UNITS, AN INCREASE IN THE NUMBER OF COMPACT SPACES ALLOWED FOR THE RESIDENTIAL UNITS, AND A REDUCTION IN THE REQUIRED LANDSCAPE BUFFER TO FACILITATE THE CONSTRUCTION OF THE PROJECT The motion carried 5-0. Councilmember Padilla requested additional information ¡rom the developer on the relocation process. ACTION ITEMS 4, AGENCY RESOLUTION NO. 1672, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING OWNER PARTICIPATION AGREEMENT WITH FSRV, LLC, FOR THE DEVELOPMENT OF A BEST BUY CONSUMER ELECTRONlCS SUPERSTORE AT 75 NORTH BROADWAY; AUTHORlZING EXPENDITURE OF AND APPROPRlATING FUNDS FROM THE TOWN CENTRE IT PROJECT AREA FUND FOR THE PURCHASE OF THE OPERATING COVENANT; AND AUTHORlZING CHAlR TO EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED) Page 3 - Counci1lRDAlHousing Authority Minutes 06/13/00 .. ACTION ITEMS (Continued) FSRV, LLC is proposing to develop a Best Buy consumer electronics superstore in the Broadway Plaza Shopping Center, adjacent to the existing Wa1*Mart store. The new store would occupy a 45,000 square-foot pad and represent the second anchor tenant in this North Chula Vista shopping facility. The site includes parking for 261 cars and conforms to the City's General Plan and zoning designations for the site. The proposed store is within the Town Centre II Redevelopment Project Area. (Community Development Director) ACTION: Chair/Mayor Horton offered Agency Resolution No. 1672, heading read, text waived. The motion carried 5-0. OTHER BUSlNESS 6. DIRECTOR'S REPORT(S) There were none. 7. CHAIR'S REPORT(S) There were none. 8. AGENCY COMMENTS There were none. ADJOURNMENT At 9:13 p.m., Chair/Mayor Horton adjourned the City Council and Redevelopment Agency to their Regular Meetings of June 20, 2000, and the Housing Authority to an Adjourned Regular Meeting on June 20, 2000 at 6:00 p.m., immediately following the City Council meeting. Respectfully submitted, ~ £Í..L- f3:g ~ Susan Bigelow, CMC/AAE, City Clerk Page 4 - CounciVRDNHousing Authority Minutes 06/13/00 - .. MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL AND THE HOUSING AUTHORlTY AND A REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA JUNE 20, 2000 6:00P.M. Adjourned Regular Meetings of the City Council and the Housing Authority and a Regular Meeting of the Redevelopment Agency of the City of Chu1a Vista were called to order at 7:55 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLLCALL PRESENT: Council! Agency/Authority Members Davis, Padilla, Salas, Mayor/Chair Horton ABSENT: Deputy Mayor Moot CONSENT CALENDAR 1. COUNCIL RESOLUTION NO, 2000-229, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE APPROPRlATIONS LIMIT FOR THE CITY OF CHULA VISTA FOR FISCAL YEAR 2000/2001 PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION Article XIIIB of the California Constitution, approved by the voters in 1979 and commonly referred to as the Gann Initiative, requires each local government to establish an appropriations limit by resolution each year at a regularly scheduled or noticed special meeting. The purpose of the limit is to restrict spending of certain types of revenues to a level predicated on a base year amount increased annually by an inflation factor. (Deputy City Manager Powell) ACTION: Mayor Horton offered the Consent Calendar, heading read, text waived. The motion carried 4-0. ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 2. PUBLIC HEARING: CONSIDERATION AND ADOPTION OF THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR THE CITY, AND THE OPERATING BUDGET FOR THE REDEVELOPMENT AGENCY AND THE HOUSING AUTHORlTY FOR FISCAL YEAR 2000-01 Council received the proposed FY 2000-01 operating budgets on May 23, 2000, and he proposed FY 2000-01 Capital Improvement Project budget on June 12, 2000. Subsequently, the Council conducted three work sessions to consider and deliberate not only on the recommendations contained in those initial documents, but also on a number of additional budget recommendations which came to light during that process. The budgets submitted for adoption represent the City Manager's initial spending plan as amended in accordance with tentative Council direction received during the budget work sessions. (Deputy City Manager Powell) Page 1 - Counci1/RDA/Housing Authority Minutes 06/20/00 - .. Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor/Chair Horton opened the public hearing and asked if anyone from the audience wished to speak. There was no response, and she closed the hearing. ACTION: Council! Agency/Authority Member Padilla offered Council Resolution No. 2000- 230, Agency Resolution No. 1676, and Housing Authority Resolution No. HA-14, headings read, texts waived: a. COUNCIL RESOLUTION NO. 2000-230, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING ADOPTION OF THE FINAL OPERATING AND CAPITAL BUDGETS OF THE CITY OF CHULA VISTA FOR THE FISCAL YEAR BEGINNING JULY 1,2000 AND ENDING JUNE 30, 2001 b. AGENCY RESOLUTION NO. 1676 AND HOUSING AUTHORITY RESOLUTION NO. HA-14, JOINT RESOLUTION OF THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY OF THE CITY OF CHULA VISTA ADOPTING THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY BUDGETS FOR FY 2000-01 AND APPROPRIATING FUNDS THEREFOR The motion carried 4-0. ACTION ITEMS 3. HOUSING AUTHORITY RESOLUTION NO. HA.15, RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA REGARDING ITS INTENTION TO ISSUE TAX EXEMPT OBLIGATIONS FOR THE SENIOR RENTAL HOUSING PROJECT WITHIN THE ROLLING HILLS RANCH MASTER PLANNED COMMUNITY The City of Chula Vista has received a request from Pacific Bay Homes, developer of the Rolling Hills Ranch master planned commuuity, to consider the issuance of tax-exempt obligations to finance the development of a 116-unit complex for low- and moderate- income senior citizens. The senior rental housing project will be located on the south side of MacKenzie Creek Road, where it intersects with Mount Miguel Road, within the Rolling Hills Ranch master planned community. (Community Development Director) ACTION: Council! Agency/Authority Member Davis offered Housing Authority Resolution No. HA-15, heading read, text waived. The motion carried 4-0. 4. HOUSING AUTHORITY RESOLUTION NO. HA.16, RESOLUTION OF THE HOUSING AUTHOITY OF THE CITY OF CHULA VISTA AMENDING IN PART RESOLUTION NO. HA-13 OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA TO INCREASE THE COMBINED PRINCIPAL AMOUNT OF CERTAIN MULTI-FAMILY BONDS FROM $5,500,000 TO $5,800,000 Page 2 - CouncillRDAlHousing Authority Minutes 06/20/00 - - ACTION ITEMS (Continued) On June 13, 2000, the Housing Authority approved the issuance of the Multi-Family Housing Mortgage Revenue Bonds for the Pear Tree Manor Apartments, Series 2000A and 2000B, in a combined principal amount not-to-exceed $5.5 million. The borrower is requesting that the maximum bond size be increased to $5.8 from the $5.5 million previously approved by the Authority. This amendment is possible under the TEFRA hearing conducted on December 7, 1999, which authorized the issuance of up to $6.5 million in private activity bonds. (Community Development Director) ACTION: Mayor/Chair Horton offered Housing Authority Resolution No. HA-16, heading read, text waived. The motion carried 4-0. OTHER BUSINESS 5. DIRECTOR'S REPORTS There were none. 6. CHAIR'S REPORTS There were none. 7. AGENCY COMMENTS There were none. At 8:02 p.m., Mayor/Chair Horton adjourned the City Council and Housing Authority and recessed the Redevelopment Agency to Closed Session. CLOSED SESSION 8. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: 320 Third Avenue (APN #568-270.22) Negotiating Parties: Redevelopment Agency (Chris Salomone), Cinema Star and World Harvest Church Under Negotiation: Price and terms for acquisition ACTION: Instructions were given to the negotiator. 9. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b), SIGNIFICANT EXPOSURE TO LITIGATION No action was taken. Page 3 - CouncillRDAlHousing Authority Minutes 06/20/00 - .- ADJOURNMENT At 8:35 p.m., Chair Horton adjourned the meeting to an Adjourned Meeting of the Redevelopment Agency to be held July 11, 2000 at 6:00 p.m., immediately following the City Council meeting. Respectfully submitted, ~ 1 ¿ð-L~~~ Susan Bigelow, CMC/AAE, City Clerk Page 4 - Council/RDAlHousing Authority Minutes 06/20/00 - - MINUTES OF AN ADJOURNED REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA July 11, 2000 6:00 p.m. An Adjourned Regular Meeting of the Redevelopment Agency of the City ofChula Vista was called to order by Chair Horton at 6:55 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLLCALL PRESENT: Agency Members Davis, Moot, Padilla, Salas, and Mayor Horton. ABSENT: Agency Members: None CONSENT CALENDAR (Items: 1) AGENCY RESOLUTION NO. 1682, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE DEVELOPMENT OF THE FORMER SDG&E SERVICE CENTER INTO THE CITY OF CHULA VISTA'S PRlMAR Y PUBLIC WORKS OPERATIONS FACILITY AND CORPORATION YARD BY EXP ANDING/REMODELING EXISTING STRUCTURES AND CONSTRUCTING A NEW MAINTENANCE BUILDING; AND ADOPTING NEGATIVE DECLARATION IS- 00-52 FOR THE DEVELOPMENT OF THE CITY'S PUBLIC WORKS OPERATIONS FACILITY AND CORPORATION YARD LOCATED AT 1800 MAXWELL ROAD, WITHIN THE OTA Y V ALLEY ROAD REDEVELOPMENT PROJECT AREA The existing Public Works facility consists of six acres and is located on Woodlawn, just north of F Street. The facility is not large enough to accommodate the expanding Public Works Operations division. The City purchased the SDG&E service center located at 1800 Maxwell Road in March 1999. The property is 25 acres and has several existing structures, including a 31,000 square-foot administration building. Public Works Operations requires all the existing space and more. The facility requires expansion and new construction to fully accommodate the expanding services to meet the demands of the growing City. (Community Development Director) ACTION: Chair Horton offered the Consent Calendar, heading read, text waived. The motion carried 5-0. ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 2. CONSIDERATION OF GRANTING A SPECIAL USE PERMIT FOR THE DEVELOPMENT OF A GAS STATION WITH ASSOCIATED FAST FOOD RESTAURANT, CAR WASH, AND FOOD MART LOCATED AT 3733 MAIN STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA - - PUBLIC HEARINGS (Continued) Worldwide Petroleum Company is proposing to develop the vacant parcel at the southeast comer of Main and Mace Streets with a service station, car wash, convenience store and fast food establishment. A variety oflandscape materials will be installed throughout the site, and all missing street improvements around the facility will be installed as part of the project. (Community Development Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Senior Community Development Specialist Tapia provided an overview of the project. Chair Horton opened the public hearing and asked if anyone from the audience wished to speak. Bob Faudoa, 4901 Morena Blvd, Suite 304, San Diego, Project Manager for Gary Engineering, provided Council with a presentation on the proposed project. He stated he had reviewed all conditions of approval and needed a sign that would be visible from both sides of the street, as well as positioned to compete with existing businesses in the area. A monument sign would not be appropriate due to the lack of visibility. Chair Horton asked staff about the landscaping features for the project and was assured by Mr. Ali Amani, President/CEO of Worldwide Petroleum Company, that first-class landscaping, to include flowers, would be provided and maintained. Agency Member Salas stated that the sign should be kept in good condition and directed staff to look for a way to clean up existing business signs. Agency Member Padilla stated that while he could not deny a sign, since there are eight existing signs in the area, he would like to see more aesthetically pleasing, smaller or lower signs. There being no one further wishing to speak, Chair Horton closed the hearing. ACTION: Deputy Chair Moot moved to approve Agency Resolutions Nos. 1683 and 1684, headings read, texts waived: A. AGENCY RESOLUTION NO. 1683, A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA GRANTlNG A SPECIAL USE PERMIT, SUP-00-05, TO WORLDWIDE PETROLEUM COMPANY, TO CONSTRUCT A GAS STATION WITH ASSOCIATED FAST FOOD RESTAURANT, CAR WASH, AND FOOD MART, LOCATED AT 3733 MAIN STREET B. AGENCY RESOLUTION NO. 1684, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTlNG NEGATNE DECLARATION IS 00-14 AND APPROVING OWNER PARTIClPATION AGREEMENT WITH THE WORLDWIDE PETROLEUM COMPANY FOR THE DEVELOPMENT OF A GAS STATION WITH ASSOCIATED FAST FOOD RESTAURANT, CAR WASH, AND FOOD MART LOCATED AT 3733 MAIN STREET, WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA. The motion carried 5-0. Page 2 - RDA Minutes 07/11/00 - .. OTHER BUSINESS 3. DIRECTOR'S REPORTS There were none. 4. MAYOR'S REPORTS There were none. 5. AGENCY MEMBER COMMENTS There were none. At 7:20 p.m., Chair Horton recessed the meeting to Closed Session. CLOSED SESSION 6. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Agency v. Shinohara (Case No. GISO02460) ACTION: Instructions were given to Counsel. AD J 0 URNME NT At 7:45 p.m., Chair Horton adjourned the meeting to an Adjourned Regular Meeting to be held July 18,2000, at 6:00 p.m., immediately following the City Council meeting. Respectfully submitted, ~tLU~~ Susan Bigelow, CMC/AAE, City Clerk Page 3 - RDA Minutes 07/11100 - ,. MINUTES OF AN ADJOURNED REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA JULY 25, 2000 6:00 P.M, An Adjourned Regular Meeting of the Redevelopment Agency of the City of Chu1a Vista was called to order at 6: 11 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Agency Members Davis, Moot, Padilla, Salas, and Chair Horton ABSENT: Agency Members: None PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 1. CONSIDERATION OF A REQUEST TO AMEND THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA IMPLEMENTATION PLAN AND DESIGN MANUAL ADDENDUM TO LIST A CONCRETE BATCH PLANT AS A USE ALLOWED BY SPECIAL USE PERMlT Superior Ready Mix Concrete requested an application for a special use permit for a concrete batch plant on property located at 1855 Maxwell Road, within the Otay Valley Road Redevelopment Project Area. The Otay Valley Road Redevelopment Project Area Implementation Plan and Design Manual Addendum, which govern the land use in the Otay Valley Road Project Area, do not allow concrete batch plants conditionally or by right. (Community Development Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak:; there was no response. ACTION: Mayor Horton moved to continue the public hearing to the meeting of August 1, 2000, as recommended by staff. Councilmember Davis seconded the motion, and it carried 5-0. OTHER BUSINESS 2. DIRECTOR'S REPORTS There were none. 3. CHAIR'S REPORTS There were none. 4. AGENCY MEMBERS' COMMENTS There were none. Page 1 - RDA Minutes 07/25/00 - ,. CLOSED SESSION Mayor Horton noted that Closed Session had been cancelled, and the following item was not discussed: 5. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) Agency vs. Shinohara [Case No. GISOO2460] ADJOURNMENT At 6:14 p.m., Mayor Horton adjourned the meeting to an Adjourned Regular Meeting to be held on August 1,2000 at 4:00 p.m., immediately following the City Council Meeting. Respectfully submitted, ~ð..L~~ Susan Bigelow, CMC/ AAE, City Clerk Page 2 - RDA Minutes 07/25/00 - .. MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL, A REGULAR MEETING OF THE REDEVELOPMENT AGENCY, AND A SPECIAL MEETING OF THE PUBLIC FINANCING AUTHORlTY OF THE CITY OF CHULA VISTA AUGUST 15,2000 6:00 P.M. An Adjourned Regular Meeting of the City Council, a Regular Meeting of the Redevelopment Agency, and a Special Meeting of the Public Financing Authority of the City of Chula Vista were called to order by Chair/Mayor Horton at 6:37 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Agency/Authority/Council Members Davis, Moot, Padilla, Salas, and Chair/Mayor Horton ABSENT: Agency/Authority/Council Members: None ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/Authority/ City Attorney Kaheny, City Clerk Bigelow ORAL COMMUNlCATIONS Pauline Marie, 659 Ash Avenue, stated her concems regarding the treatment of the J Street Marina boat residents by the Harbor Patrol. Ms. Marie commented that upon reporting her boat was taking on water, the Harbor Patrol had it towed away. She stated that the authorities should be more tourist mendly and that the restrooms should be open at all times. Christine Hanis, daughter of Pauline Marie, said that they were told to leave the boat even though it was sinking. Chair/Mayor Horton indicated that the matter would be referred to the Port Authority, since the Harbor Patrol does not fall under the City's jurisdiction. CONSENT CALENDAR (Items 1 and 2) 1. AGENCY RESOLUTION NO. 1687 / COUNCIL RESOLUTION NO. 2000-292, JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE 2000 HOLIDAY LIGHTING PROGRAM; AUTHORIZING WANING THE FORMAL BIDDING PROCESS AND AWARDING A PURCHASE AGREEMENT TO DEKRALITE INDUSTRlES; APPROPRlATING $20,848 FROM THE RESIDENTIAL CONSTRUCTION TAX FUND (RCT) AND $18,076 FROM THE FINE ARTS FUND; AND DIRECTING STAFF TO IMPLEMENT THE 2000 HOLIDAY LIGHTING PROGRAM (4/5THS VOTE REQUIRED) - Page 1 - Council/RDA Minutes 08/15/2000 - .. CONSENT CALENDAR (Continued) In 1998, the City initiated the holiday lighting program. A Request for Proposals was issued. From the respondents, a selection committee and interview panel selected DEKRALITE Industries due to its ability to meet the RFP's program goals, the excitement and quality of its design, and the project cost. In 1999, due to the limited market for this type of service, the company's past performance, and because the company had supplied the original holiday lights, displays, and banners, the City waived the formal bidding process and issued a purchase agreement to DEKRALITE. (Community Development Director) Staff recommendation: The Council and Agency adopt the resolution. 2. AGENCY RESOLUTION NO. 1688, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING $73,000 TO P ARTIALL Y COVER THE COST OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH AN ELEVEN (11) UNlT TRANSITIONAL HOUSING PROJECT KNOWN AS TROLLEY TRESTLE AND APPROPRlA TING SAID AMOUNT FROM THE REDEVELOPMENT AGENCY'S LOW AND MODERATE INCOME HOUSING SET-ASIDE FUND (4/5TH,S VOTE REQUIRED) - On June 22, 1999, the Agency approved a Disposition, Development and Housing Cooperation Agreement with South Bay Community Services (SBCS) for the development of an 11-unit transitional housing development for foster care graduates. The development is known as Trolley Trestle and is located at 746 Ada Street. The project is currently under construction and is scheduled for completion by October 1, 2000. The public improvement costs are higher than anticipated, and SBCS is requesting Agency fmancial assistance. (Community Development Director) Staff recommendation: The Agency adopt the resolution. ACTION: Chair/Mayor Horton moved to approve staff recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0. PUBLIC HEARlNGS AND RELATED RESOLUTIONS AND ORDINANCES 3. JOINT REDEVELOPMENT AGENCY/CITY COUNCIL PUBLIC HEARlNG ON THE PROPOSED AMENDMENTS TO THE REDEVELOPMENT PLANS FOR THE TOWN CENTRE NO. n REDEVELOPMENT PROJECT, THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AND THE SOUTHWEST REDEVELOPMENT PROJECT- The purpose of the proposed amendments to the Project Area Plans is to merge the Project Areas. The amendments will not enlarge the Project Areas, nor will they affect any of the properties in the proposed merged Project Area differently than if the Project Areas remained separate. The proposed amendments do not change any of the existing tax sharing agreements between the Agency and the taxing entities within the affected Projects Areas. The main purpose of the proposed merger of the Project Areas is for efficiency of administration and financing. Page 2 - Council/RDA Minutes 08/15/2000 - - PUBLIC HEARlNGS (Continued) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Chair/Mayor Horton opened the public hearing and asked if anyone fÌom the audience wished to speak. There was no response, and she closed the hearing. ACTION: Agency/Authority Member/Deputy Mayor Moot offered Ordinance Nos. 2817, 2818 and 2819 for first reading: COUNCIL ORDINANCE NO. 2817, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ADOPTING THE FOURTH AMENDMENT TO THE TOWN CENTRE NO. 11 REDEVELOPMENT PROJECT AREA PLAN AND THE MERGER OF THE TOWN CENTRE NO. II REDEVELOPMENT PROJECT AND THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT, AND THE SOUTHWEST REDEVELOPMENT PROJECT PURSUANT TO THE PROVISIONS OF THE COMMUNlTY REDEVELOPMENT LAW, HEALTH AND SAFETY CODE SECTION 33485 et seq. COUNCIL ORDINANCE NO. 2818, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ADOPTING THE SECOND AMENDMENT TO THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA PLAN AND THE MERGER OF THE OTA Y V ALLEY ROAD REDEVELOPMENT PROJECT, THE TOWN CENTRE NO. II REDEVELOPMENT PROJECT, AND THE SOUTHWEST REDEVELOPMENT PROJECT PURSUANT TO THE PROVISIONS OF THE COMMUNlTY REDEVELOPMENT LAW, HEALTH AND SAFETY CODE SECTION 33485 et seq. COUNCIL ORDINANCE NO. 2819, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ADOPTING THE THIRD AMENDMENT TO THE SOUTHWEST REDEVELOPMENT PROJECT AREA PLAN AND THE MERGER OF THE SOUTHWEST REDEVELOPMENT PROJECT, THE TOWN CENTRE NO. II REDEVELOPMENT PROJECT AND THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT PURSUANT TO THE PROVISIONS OF THE COMMUNlTY REDEVELOPMENT LAW, HEALTH AND SAFETY CODE SECTION 33485 et seq. The motion carried 5-0. ACTION ITEMS 4. a) AGENCY RESOLUTION NO. 1689, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AMENDING VARIOUS AGENCY PROJECT AREA FISCAL YEAR 2001 BUDGETS IN ACCORDANCE WITH THE APPROVED AGENCY FINANCIAL PLAN AND AUTHORIZING THE V ARlOUS INTER-PROJECT AREA ADVANCES AND ADVANCE REPAYMENTS RELATED THERETO, AND AUTHORIZING THE EXPENDITURE OF LOW AND MODERATE INCOME HOUSING FUNDS OUTSIDE THE PROJECT AREA - (4/5THS VOTE REQUIRED) Page 3 - Council/RDA Minutes 08/15/2000 - ,. ACTION ITEMS (Continued) b) AGENCY RESOLUTION NO. 1690, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZ1NG AND DIRECTING THE ISSUANCE AND SALE OF NOT TO EXCEED $17,000,000 PRlNCIPAL AMOUNT 2000 TAX ALLOCATION BONDS FOR THE MERGED REDEVELOPMENT PROJECT AND APPROVING AN OFFICIAL NOTICE OF SALE, A CONTINUING DISCLOSURE CERTIFICATE, A PRELIMINARY OFFICIAL STATEMENT AND FINANCING DOCUMENTS, AUTHORIZING THE SALE OF THE BONDS ON CERTAIN TERMS AND CONDITIONS, AUTHORIZING CERTAIN OTHER OFFICAL ACTIONS AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO c) COUNCIL RESOLUTION NO. 2000-293, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SALE OF REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA 2000 TAX ALLOCATION BONDS FOR THE MERGED REDEVELOPMENT PROJECT d) COUNCIL RESOLUTION NO. 2000-294, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VlSTA AUTHORIZING THE EXPENDITURE OF LOW AND MODERATE INCOME HOUSING FUNDS OUTSIDE OF THE PROJECT AREA Subject to the adoption of the Ordinances providing for the merged redevelopment project, the above resolutions authorize the issuance and sale of a single series of tax allocation bonds for the purpose of paying and repaying costs of redevelopment activity within the merged redevelopment project. Proceeds of the bonds will be used to 1) payor repay costs of redevelopment activity of the merged redevelopment project; 2) establish a reserve account for such bonds; and 3) pay a portion of the costs of issuing such bonds. ACTION: Chair/Mayor Horton offered Agency Resolutions Nos. 1689 and 1690 and Council Resolutions Nos. 2000-293 and 2000-294, headings read, texts waived. The motion carried 5-0. 5. COUNCIL RESOLUTION 2000-295, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAlVING THE COMPETITIVE BIDDING PROCESS AS IMPRACTICAL, AUTHORIZING THE MAYOR TO EXECUTE A SOLE SOURCE CONTRACT WITH MOTOROLA FOR 800 MHZ INFRASTRUCTURE COSTS, EQUIPMENT AND RELATED TRAINING, AND APPROPRlATING FUNDING THEREFOR FROM V ARlOUS SOURCES - (4/5 THS VOTE REQUIRED) On March 7, 2000, Council approved joining the Regional Communication System and directed staff to return to Council with the associated infrastructure and equipment costs required to convert to the system. The resolution approves a sole source agreement with Motorola for equipment, installation and training to support radio operations for police, fire, public works, parks, recreation, building and housing, and other related users, and an appropriation of the necessary funding from various funding sources, including the proceeds from a long-term debt issue. (police Chief, Fire Chief, Deputy City Manager Powell, Director of Management and Information Services) Agency/Authority/Council Member Salas asked if safeguards would be instituted to protect the privacy of communications. Police Chief Emerson responded affirmatively. Page 4 - Council/RDA Minutes 08/15/2000 - ., ACTION: Agency/Authority Member/Deputy Mayor Moot offered Resolution No. 2000-295, heading read, text waived. The motion carried 5-0. ACTION ITEMS (Continued) 6. a) COUNCIL RESOLUTION NO. 2000-296, RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNlA, AUTIIORIZING TIlE EXECUTION AND DELlVERY OF DOCUMENTS RELATING TO TIlE SALE AND DELlVERY OF NOT TO EXCEED $27,000,000 CERTIFICATES OF PARTICIPATION, SERIES A OF 2000 (2000 FINANCING PROJECT), AND AUTHORIZING CERTAIN DOCUMENTS AND DlRECTING CERTAIN ACTIONS IN CONNECTION TIlEREWITH - (4/5THS VOTE REQUIRED) b) COUNCIL RESOLUTION NO. 2000-297 APPROPRlATING $21,447,577 TO TIlE CORPORATION YARD PROJECT BASED ON ANTICIPATED PROCEEDS FROM TIlE ISSUANCE OF CERTIFICATES OF PARTICIPATION, APPROPRlATING AN ADDITIONAL $2,503,636 TO TIlE CORPORATION YARD PROJECT FROM UNANTICIPATED REVENUES IN TIlE TRANSIT FUND ($999,022) AND AVAILABLE FUND BALANCES IN THE TRANSIT FUND ($1 MILLION) AND TIlE SEWER SERVICE REVENUE FUND ($504,614), APPROPRlATING $454,438 FOR THE FIRST SEMI-ANNUAL DEBT SERVICE PAYMENT FOR TIlE CORPORATION YARD PROJECT FROM THE AVAILABLE BALANCE IN THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE (PFDIF) FUND, AND $26,539 FOR TIlE FIRST SEMI- ANNUAL DEBT SERVICE PAYMENT FOR THE 800 MHz PROJECT FROM TIlE AVAILABLE BALANCE IN TIlE RESIDENTIAL CONSTRUCTION TAX FUND c) PUBLIC FINANCING AUTIIORlTY RESOLUTION NO.3, RESOLUTION OF TIlE BOARD OF DlRECTORS OF TIlE CHULA VISTA PUBLIC FINANCING AUTHORlTY APPROVING A LEASE/PURCHASE AGREEMENT WITH TIlE CITY OF CHULA VISTA AND CERTAIN OTHER DOCUMENTS IN CONNECTION WITH TIlE EXECUTION AND DELlVERY OF TIlE CERTIFICATES OF PARTICIPATION, SERIES A OF 2000 (2000 FINANCING PROJECT) IN A PRINCIPAL AMOUNT NOT TO EXCEED $27,000,000 (4/5THSVOTE REQUIRED) Council previously approved a capital project to acquire and construct a new Corporation Yard and a second project to upgrade the existing 800 MHz communications system. Council directed staff to return with recommended financing for these projects. Adoption of the resolutions approves long-term borrowing by issuing Certificates of Participation in an amount not to exceed $27 million for the portion of these projects that will not be funded with existing resources. (Deputy City Manger Powell) Agency/Authority/City Attorney Kaheny read a correction to Resolution No. 2000-296, adding the following text to the end of Section 14: . . .'1n the event that it is determined by the Deputy City Manager, or his designee, that there are limitations or restrictions on the ability of the City to lease any portion of the site as contemplated by the site lease and the lease, the Deputy City Manager, or his designee, may designate other real property of the City to be leased pursuant to the site lease and the lease with such designation to be conclusively evidenced by the execution and delivery of the site lease and the lease by one or more of the authorized officers." Page 5 - Council/RDA Minutes 08/15/2000 - .. ACTION: Mayor Horton offered Council Resolutions Nos. 2000-296 and 2000-297 and Public Financing Authority Resolution No.3, headings read, texts waived. The motion carried 5-0. OTHER BUSINESS 7. DIRECTOR'S REPORTS There were none. 8. CHAIR'S REPORTS There were none. 9. AGENCY MEMBERS' COMMENTS There were none. At 6:57 p.m., Chair/Mayor Horton recessed the meeting to Closed Session. CLOSED SESSION 10. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) Agency vs. Rados Bros. [Case No. GlC734557-1] ACTION: Instructions were given to Counsel. 11. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) ACTION: Instructions were given to Counsel. ADJOURNMENT At 7:55 p.m., Chair/Mayor Horton adjourned the City Council and Public Financing Authority meetings; and she adjourned the Redevelopment Agency to an Adjourned Regular Meeting to be held on August 22, 2000, at 6:00 p.m., immediately following the City Council meeting. Respectfully submitted, ~ 4.~.:~ r; ~ Susan Bigelow, CMC/AAE, City Clerk Page 6 - Council/RDA Minutes 08/15/2000 - .. MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUGUST 22, 2000 6:00 P.M. Adjourned Regular Meetings of the City Council and the Redevelopment Agency of the City of Chu1a Vista were called to order at 7:36 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chu1a Vista, California, On roll call, there were: PRESENT: Agency/Councilmembers Davis, Moot, Salas, and Chair/Mayor Horton ABSENT: Agency/Councilmember Padilla ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/City Attorney Kaheny, City Clerk Bigelow CONSENT CALENDAR (Items 1 through 3) 1. AGENCY RESOLUTION NO. 1691/COUNCIL RESOLUTION NO, 2000-298, JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORlZING FILING AN APPLICATION FOR GRANT FUNDS FROM THE SOLID WASTE DISPOSAL SITE CLEAN UP TRUST FUND FOR THE CLEAN UP OF THE HOLDING SITE LOCATED AT 4075 OTAY VALLEY ROAD WITHIN THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA; AND CERTIFYING THE APPLICANT WILL HAVE MATCHING FUNDS FOR THE PROJECT; AND DISIGNATING THE EXECUTIVE DIRECTOR AS AGENT FOR THE PROJECT - The City of Chula Vista and the Redevelopment Agency are interested in expanding the Auto Park to generate additional jobs and revenue in an area currently blighted. A 1.6- acre site in this target area is unsuitable for development due to its use as a stockpile for contaminated burn-ash. A portion of the Otay Valley Landfill, owned by San Diego County and approved to receive the burn-ash, will be closed by year-end 2000, pending approval of a Closure Plan at a September San Diego County Board of Supervisors' meeting. As part of the plan, there will be no tipping fees (estimated at $2 million) to the City of Chula Vista, provided the burn-ash is received into the landfill in November 2000. The California Integrated Waste Management Board (CIWMB), through its Solid Waste Disposal Site Clean Up Trust Fund, provides matching grants to local governments with priority solid waste clean-up needs. Due to the short time remaining before the landfill closure, the CIWMB has allowed the City to submit an August 30 application, which will be reviewed at its Board meetings of September 18 and 19. (Community Development Director) Staff Recommendation: The Agency/Council adopt the resolution. Page 1 - Counci1/RDA Minutes 08/22/00 - .. CONSENT CALENDAR (Continued) 2, AGENCY RESOLUTION NO. 1692, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING NEGATIVE DECLARATION IS-00-28, APPROVING OWNER PARTIClPATION AGREEMENT WITH DESERT KING INTERNATIONAL FOR THE DEVELOPMENT OF AN 11,702 SQUARE FOOT CONCRETE BUILDING FOR WAREHOUSE, OFFICE, AND DISTRIBUTION CENTER WITHIN THE OTAY VALLEY REDEVELOPMENT PROJECT AREA AND AUTHORlZING THE CHAIR TO EXECUTE SAID AGREEMENT Desert King is a company that imports/exports natural plant extracts for such products as beverages, agricultural and industrial goods, etc. The proposed land use is consistent with the City's Municipal Code and General Plan, and the Otay Valley Redevelopment Plan and Implementation Plan/Design Manual Addendum. The proposed project has been reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA), and it is determined that there are no significant impacts. The Otay Valley Redevelopment Project Area Plan requires that Desert King enter into an Owner Participation Agreement, which includes the design plans and a list of conditions. (Community Development Director) Staff Recommendation: The Agency adopt the resolution. 3. a) COUNCIL ORDINANCE NO. 2817, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ADOPTING THE FOURTH AMENDMENT TO THE TOWN CENTRE NO. II REDEVELOPMENT PROJECT AREA PLAN AND THE MERGER OF THE TOWN CENTRE NO. II REDEVELOPMENT PROJECT AND THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT, AND THE SOUTHWEST REDEVELOPMENT PROJECT PURSUANT TO THE PROVISIONS OF THE COMMUNITY REDEVELOPMENT LAW, HEALTH AND SAFETY CODE SECTION 33485 et seq. (SECOND READING AND ADOPTION) - b) COUNCIL ORDINANCE NO. 2818, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ADOPTING THE SECOND AMENDMENT TO THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA PLAN AND THE MERGER OF THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AND THE TOWN CENTRE NO. II REDEVELOPMENT PROJECT, AND THE SOUTHWEST REDEVELOPMENT PROJECT PURSUANT TO THE PROVISIONS OF THE COMMUNITY REDEVELOPMENT LAW, HEALTH AND SAFETY CODE SECTION 33485 et seq. (SECOND READING AND ADOPTION) c) COUNCIL ORDINANCE NO. 2819, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ADOPTING THE THIRD AMENDMENT TO THE SOUTHWEST REDEVELOPMENT PROJECT AREA PLAN AND THE MERGER OF THE SOUTHWEST REDEVELOPMENT PROJECT AND THE TOWN CENTRE NO. II REDEVELOPMENT PROJECT, AND THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT PURSUANT TO THE PROVISIONS OF THE COMMUNITY REDEVELOPMENT LAW, HEALTH AND SAFETY CODE SECTION 33485 et seq. (SECOND READING AND ADOPTION) Page 2 - COIillcil/RDA Minutes 08/22/00 - .. CONSENT CALENDAR (Continued) Amendments to the Project Area Plans merge the Project Areas. The Amendments will not enlarge the Project Areas, nor will the Amendments affect any of properties in the proposed Merged Project Area differently than if the Project Areas remained separate. The proposed Amendments do not change any of the existing tax sharing agreements between the Agency and the taxing entities within the affected Projects Areas. The main purpose of the proposed merger of the Project Areas is for efficiency of administration and financing. (Community Development Director) Staff Recommendation: Council adopt Ordinance Nos. 2817, 2818 and 2819. ACTION: Chair/Mayor Horton moved to approve staff recommendations, including revisions to the Conditions of Approval on Item No.2, Desert King Owner Participation Agreement, as presented by staff at the meeting; and offered the Consent Calendar, headings read, texts waived. The motion carried 4-0. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 4. PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO ALLOW A PEAK LOAD POWER PLANT ON THE PROPERTY LOCATED AT 3497 MAIN STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA The proposed peak load power plant is an electrical power generation plant designed to meet the local and regional electrical requirements, as well as providing for regional transmission system and local distribution grid support. The main function of a peak load plant is to produce additional electrical power during periods of high demand and function as support for the regular power generation and distribution system. The applicant is requesting approval of a Special Use Permit and design plans for the construction of a plant, which involves the installation of electrical general equipment, on a 3.5-acre property located south of Main Street and Albany Avenue, close to the Otay River Valley. (Community Development Director) Staff Recommendation: The Agency continue the hearing to September 12, 2000. Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Horton opened the public hearing. With no members of the public wishing to speak, she then closed the hearing. ACTION: Chair/Mayor Horton moved to continue the public hearing to September 12, 2000., as requested by staff and the applicant. Agency/Councilmember Salas seconded the motion, and it carried 4-0. Page 3 - Council/RDA Minutes 08/22/00 - ,. ACTION ITEMS 5. AGENCY RESOLUTION NO. 1693, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AN AMENDED CONTRACT WITH ECONOMICS RESEARCH ASSOCIATES TO PROVIDE ADDITIONAL CONSULTING SERVICES FOR DOWNTOWN STRATEGIC PLANNING RELATING TO A PROPOSED CULTURAL ARTS CENTER; AUTHORlZING THE EXPENDITURE OF UP TO $51,000 FROM THE BAYFRONT/TOWN CENTRE I PROFESSIONAL SERVICES FUND; AND AUTHORlZING THE CHAIR TO EXECUTE SAID AGREEMENT - In December 1999, the Agency initiated a contract with Economics Research Associates to provide consulting services for downtown economic strategic planning. As an additional task, Agency and City staff m:e requesting an amendment of the existing contract's scope of work to conduct a feasibility analysis for a proposed downtown cultural arts center. The additional analysis will include a market analysis, needs assessment and concept development, facility W'chitectural review, and a financial feasibility analysis. (Community Development Director) Redevelopment Manager Estes explained the proposal to the Agency, Council and audience. Ron Bolles, 1648 Country Vistas Lane, employed by the School for Creative and Performing Arts, discussed the many advantages a new performing arts facility would have for youth in the South Bay. He stated that the school currently has 44 performance groups, and finding facilities for the various performances is extremely difficult. Mr. Bolles recommended that Council move forward with the proposed Cultural Arts Center and offered his expertise to serve on a committee that may be formed to explore converting the Cinema Star facility. India Coon, 94 I Street, representing the Christian Youth Theatre, spoke in support of the proposed Cultural Arts Center, explaining the ongoing problems associated with finding facilities for the group's various theatre performances. ACTION: Chair/Mayor Horton offered Agency Resolution No. 1693, heading read, text waived. The motion carried 4-0. OTHER BUSINESS 6. DlRECTOR'S REPORTS There were none. 7. CHAIR'S REPORTS There were none. 8. AGENCY MEMBERS' COMMENTS There were none. Page 4 - Council/RDA Minutes 08/22/00 - - ADJOURNMENT At 7:52 p.m., Chair/Mayor Horton adjourned the City Council and adjourned the Redevelopment Agency to an Adjourned Regular Meeting on September 12, 2000, at 6:00 p.m., immediately following the City Council meeting. Respectfully submitted, ~Â.J,.J~Lt.Q ..J Susan Bigelow, CMC/AAE, City Clerk Page 5 - Council/RDA Minutes 08/22/00 - .. MINUTES OF AN ADJOURNED REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA SEPTEMBER 12, 2000 6:00 p.m. An Adjourned Regular meeting of the Redevelopment Agency of the City of Chula Vista was called to order at 8:10 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Agencymembers Davis, Moot, Padilla, Salas, and Chair Horton. ABSENT: Agencymembers: None ALSO PRESENT: Executive Director Rowlands, Agency Attorney Kaheny, City Clerk Bigelow CONSENT CALENDAR (Items 1 through 3) 1. AGENCY RESOLUTION NO. 1694, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING FINAL CONTRACT AMENDMENT FOR LEGAL SERVICES IN THE COMMUNITY DEVELOPMENT DEPARTMENT FOR NEGOTIATIONS ON THE GATEWAY CHULA VISTA PROJECT The Redevelopment Agency completed negotiations for the development of approximately 4.5 acres of property located at the northwest comer of Third Avenue and H Street in June of this year. Adoption of the resolution fonnally amends the contract with Stradling Yocca Carlson and Rauth to provide for [mal payment for legal services rendered during the completion of the Disposition and Development Agreement approved by the Agency Board on June 6, 2000. The adopted Agency budget has sufficient funds for payment of the services; however, an amendment to the existing contract to cover the additional cost is necessary. (Community Development Director) Staff recommendation: The Agency adopt the resolution. 2. AGENCY RESOLUTION NO. 1695, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING NEGATIVE DECLARATION IS-00-22, APPROVING A COASTAL DEVELOPMENT PERMlT AND OWNER PARTICIPATION AGREEMENT WITH COMMUNITY HEALTH GROUP FOR THE DEVELOPMENT OF A 46-SPACE PARKING LOT WITHIN THE BA YFRONT REDEVELOPMENT PROJECT AREA Page I RDA Minutes 09/12/2000 - .. CONSENT CALENDAR (Continued) Community Health Group is proposing a 46-space parking lot to be located at the southeast comer of Bay Boulevard and J Street, across the street from its existing facility. The proposed land use as a parking lot is subject to a Design Review Committee recommendation and Agency approval. The proposed land use is consistent with the City's Municipal Code and General Plan, the Bayfront Specific Plan and Local Coastal Plan), and the Bayfront Redevelopment Plan and Implementation Plan. Pursuant to the provisions of the California Environmental Quality Act, it has been determined that there are no significant impacts. The Bayfront Redevelopment Plan requires that Community Health Group enter into an Owner Participation Agreement that includes the design plans and a list of conditions. (Community Development Director) Staff recommendation: The Agency adopt the resolution. 3. AGENCY RESOLUTION NO. 1696, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING A $10,000 REDEVELOPMENT AGENCY BUDGET AMENDMENT FOR DOWNTOWN BUSINESS ASSOCIATION PROMOTIONS AND ADVERTISING FROM UNAPPROPRIATED TAX INCREMENT REVENUE FROM THE BAYFRONT/TOWN CENTRE I PROJECT On March 21, 2000, the Council approved an increase of $5,000 for promotional activities and $5,000 for advertising for the Downtown Business Association's annual budget allocation for inclusion in the 2000-01 Redevelopment Agency budget for the Town Centre VBayfront Project Area. The change was inadvertently omitted from the final budget as adopted. Adoption of the resolution will rectifY the oversight and amend the budget accordingly. (Community Development Director) Staff recommendation: The Agency adopt the Resolution. ACTION: Chair Horton moved to approve staff recommendations and adopt the Consent Calendar, headings read, texts waived. The motion carried 5-0. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 4. CONSIDERATION OF A REQUEST TO AMEND THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA IMPLEMENTATION PLAN AND DESIGN MANUAL ADDENDUM TO LIST A CONCRETE BATCH PLANT AS A USE ALLOWED BY SPECIAL USE PERMIT Superior Ready Mix Concrete requested an application for a special use permit for a concrete batch plant on property located at 1855 Maxwell Road, within the Otay Valley Road Redevelopment Project Area. The Otay Valley Road Redevelopment Project Area Implementation Plan and Design Manual Addendum, which govern the land use in the Otay Valley Road Project Area, do not allow concrete batch plants conditionally or by right. (Community Development Director; continued from the meeting of 8/1/2000) Page 2 RDA Minutes 09/12/2000 - .. PUBLIC HEARlNGS (Continued) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Planning and Environmental Manager Hunter outlined the applicant's request to amend the Otay Valley Road Implementation Plan by listing concrete batch plants as a use allowed through the issuance of a Special Use Permit. Mr. Hunter stated that according to the Otay Valley Road Implementation Plan and Design Manual, the light industrial zone prohibits concrete batch plants. He added that the adopted Redevelopment Plan and corresponding Implementation Plan include a desire for developments that incorporate a high level of architectural and urban design principals and the phasing out of auto recycling operations. Chair Horton noted that the hearing was continued ftom the meeting of August 1, 2000, and asked if anyone ftom the audience wished to speak. Arnold Veldenkamp, representing Superior Ready Mix, explained what a batch plant facility is and the many advantages of having a plant in the City, such as lower construction costs and reduced transportation costs in a growing city. Mr. Veldenkamp stated that the proposed project is consistent with surrounding uses, and a concrete batch plant is permitted under the Chu1a Vista General Industrial (1) Zone. Jack Brouwer, representing Superior Ready Mix, asked Council to support the project. Fred Brouwer, representing Superior Ready Mix, stated that only one batch plant currently exists in Chula Vista, and competition would produce competitive pricing, thereby benefiting the City. Tom Lewis, representing Mueller Lewis Concrete, stated that there is only one ready mix concrete company in the South Bay area, and its prices have risen considerably. Mr. Lewis suggested that a new concrete batch plant in Chula Vista would save time and money and would produce competitive rates. David Shibley, representing the site's property owner, Arie de Jong, did not believe the plant would be incompatible with the existing environment, which is comprised of a school district bus yard and area landfill. He stated that the proposed batch plant would bring additional tax revenues to the City, and the Conditional Use Permit would provide adequate controls for the City. Kevin O'Neill, 621 Del Mar Avenue, stated that uses along the two sides of Main Street are very different, and he did not believe that the complexion'on the north side would change for many years to come. He stated that the proposed use was appropriate for the area, and he asked the Council to amend the plan to allow the applicant to submit an application. There being no other members of the public wishing to speak, Mayor Horton closed the hearing. Page 3 RDA Minutes 09/12/2000 - ,. PUBLIC HEARINGS (Continued) Agencymember Davis informed the Council that Fuller Ford had withdrawn its initial opposition to the batch plant. She believed there was a need for a batch plant in the City and that the City should take advantage ofthe sales tax revenues that would be generated. Agencymember Salas questioned the daily number of truck trips and also expressed concern about the impacts (including the cumulative traffic congestion) that the plant would have on future projects planned in the area. In addition, she asked the effects on the roadway caused by the weight of cement trucks. Community Development Director Salomone responded that large investments have been made in the Otay Valiey Project Area, including a six-lane road and extensive landscaping around the amphitheatre and water park. He expressed concern about Main Street truck traffic resulting from a batch plant facility and added that attempts are in progress to abate the auto-wrecking yard. Agencymember Padilia stated that the issue at hand was whether or not to amend the Implementation Plan for the area and whether or not the guidelines in the area are appropriate. Agencymember Moot commented on the City's high demand for cement to accommodate rapid construction and felt the denial of the opportunity to submit an application was fundamentally unfair, particularly with the City's reputation for its fair treatment of businesses in the City. Chair Horton stated that staff has followed the procedure that is in place, and in order to process a Special Use Permit for a batch plant, Council would have to make the findings that the project is in conformance with the Redevelopment Plan's goals and objectives. ACTION: Chair Horton moved to approve staffs recommendation to deny the request and offered Resolution No. 1670, heading read, text waived: AGENCY RESOLUTION NO. 1679, RESOLUTION OF THE REDEVELOP- MENT AGENCY OF THE CITY OF CHULA VISTA DENYING THE REQUEST FOR AN AMENDMENT TO THE OTAY VALLEY ROAD PROJECT AREA IMPLEMENTATION PLAN / DESIGN MANUAL ADDENDUM TO LIST A CONCRETE BATCH PLANT AS A USE ALLOWED BY A SPECIAL USE PERMIT Agencymember Salas seconded the motion, and it carried 3-2, with Agencymembers Moot and Davis opposing. 5. CONSIDERATION OF REQUEST TO GRANT A SPECIAL USE PERMIT TO ALLOW A PEAK LOAD POWER PLANT ON THE PROPERTY LOCATED AT 3497 MAIN STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA Page 4 RDA Minutes 09/12/2000 - .. PUBLIC HEARINGS (Continued) The proposed peak load power plant is an electrical power generation plant designed to meet the local and regional electrical requirements, as well as provide for a regional transmission system and local distribution grid support. The main function of a peak load plant is to produce additional electrical power during periods of high demand and to function as support for the regular power generation and distribution system. The applicant has requested approval of a Special Use Permit and design plans for the construction of a plant that involves the installation of electrical generating equipment on a 3.5-acre property located south of Main Street and Albany Avenue, close to the Otay River Valley. (Community Development Director; continued ITom the meeting of 8/22/2000) Chair Horton stated that the hearing had been continued ITom the meeting of August 22, 2000. She asked if there were anyone present who wished to speak; there was no response, ACTION: Agencymember Padilla moved to approve staffs recommendation to continue the hearing to September 26, 2000. Agencymember Davis seconded the motion, and it carried 5-0. ACTION ITEMS 6. REPORT ON THE STATUS ON THE GATEWAY MIXED USE DEVELOPMENT PROJECT The report provides an update to the Agency on the Gateway Chula Vista project design plans. The project's design process has been completed, and the overall development program has been submitted for review. The project's Specific Plan and/or associated General Plan amendment will be presented following the completion of the environmental review process. (Community Development Director) Project Architect McCabe updated the Council on the status ofthe project. No action was taken. OTHER BUSINESS 7. DIRECTOR'S REPORTS There were none. 8. CHAIR'S REPORTS There were none. 9. AGENCY COMMENTS There were none. At 9:32 p.m., Chair Horton recessed the meeting to Closed Session. Page 5 RDA Millutes 09/12/2000 - .- CLOSED SESSION 10. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) Agency v. Rados Bros. (Case No. GIC734557-1) ACTION: No action was taken ADJOURNMENT At 10:00 p.m., Chair Horton adjourned the Redevelopment Agency to an Adjourned Regular Meeting on September 26, 2000 at 6:00 p.m., immediately following the City Council meeting. Respectfully submitted, ~ tu. 6.J... ~ J; ~ Susan Bigelow, CMC/ , City Clerk Page 6 RDA Minutes 09/12/2000 - - JOINT REDEVELOPMENT AGENCY / CITY" COUNCIL AGENDA STATEMENT ITEM NO.: ¿;¿ MEETING DATE: 09/26/00 ITEM TITLE: JOINT RESOLUTION OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA WAIVING THE FORMAL PUBLIC BIDDING PROCESS; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH ECONOMICS RESEARCH ASSOCIATES (ERA) FOR PROFESSIONAL SERVICES RELATED TO THE PREPARATION OF A CHULA VISTA ECONOMIC DEVELOPMENT STRATEGIC PLAN AND ECONOMIC DEVELOPMENT ELEMENT OF THE UPDATED GENERAL PLAN; AND APPROPRIATING $121,025 FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND AND $40,000 FROM THE AVAILABLE FUND BALANCE OF THE OTAY VALLEY ROAD PROJECT FUND FOR THIS PURPOSE SUBMlnED BY: COMMUNITY DEVELOPMENT DIRECTOR ~ Co.> REVIEWED BY: CITY MANAGER Celt; ..')w ¡( 4/5THS VOTE: YESŒ]NOD BACKGROUND In accordance with previous Council workshop discussions, the City's Business Response Team (BRT) is charged with overseeing the development of a cilywide Economic Development Strategic Plan (EDS). The development of an Economic Development Strategy will be coordinated with the City's General Plan update and will ultimately include the preparation of an Economic Development Element of the General Plan. This process will ensure that these two strategic documents (the EDS and the General Plan) are consistent and mutually supportive. In May, a contract was awarded to ERA to assist staff to develop an EDS scope of work including: 1) clarification of the Strategy's relationship to the General Plan; 2) recommended structuring of the EDS process, including a public participation cornponent; and 3) quantification of the EDS budget and timetable. .The scoping process has been completed and the BRT is now recommending that Council hire Economics Research Associates (ERA) to prepare the EDS. ERA is an international consulting firm founded in 1958, concentrating in economic analysis related to urban real estate services, entertainment, leisure and recreation services, and economic policy and planning services. ERA is a leader in economic planning for major mixed-use development and planned communities across 011 major property sectors, including retail, office, industrial, hospitality, residential, and recreational. Based on an analysis of a community's economic base and competitive position, ERA helps cities, states and regions create strong and ~-/ . .. PAGE 2, ITEM NO.: MEETING DATE: 09/26/00 diverse local economies and successful public-private partnerships. ERA is also strong in the area of transportation and transit economics. Staff is recommending that Council woive the formal bidding process based on the following: 1) ERA is one of only 2 firms with these types of credentials and extensive experience with economic development strategies that has an office located in the San Diego region and the only firm available. (City staff contacted the other company, Keyser Marston and Associates; we were informed of a conflict of interest which would preclude them from consideration); and 2) ERA has a good understanding of both the San Diego region and the Chula Vista community based upon previous work performed for the Cities themselves as well as for private clients with projects in these areas. (Examples include an ongoing Infrastructure Strategic Plan for the San Diego/Tijuana area; and the ongoing Downtown Business Recruitment Strategy for Chu/a Vista.) RECOMMENDATION That Council adopt the resolution waiving the formal public bidding process; authorizing the Mayor to execute the contract with Economics Research Associates (ERA) for the preparation of a Chula Vista Economic Development Strategic Plan and Economic Development Element of the updated General Plan; and appropriating $161,025 for the consulting services, with $121,025 from the General Fund, and $40,000 from the unencumbered balance of the Otay Valley Road Project fund. BOARDS/COMMISSIONS RECOMMENDATION The Economic Development Commission has identified the development of an Economic Development Strategy (EDS) as a "Priority Project." As part of the Strategic Plan's scoping process, a workshop was conducted with the EDC to solicit their input regarding how the EDS would be best used and key items to cover. The EDC Chair will sit on the EDS Steering Committee, EDC members will be invited to participate in the Steering Committee's Focus Groups, and the EDC as a whole is proposed to participate in two EDS workshops with the City Council. DISCUSSION I. WHY IS AN ECONOMIC DEVELOPMENT STRATEGY NEEDED? A community's vibrancy and economic vitality is less a function of resources and geography than it is a result of sound strategy and strong leadership. An Economic Development Strategy (EDS) is a basic blue print for short and long range city development as relates to ensuring a balanced, fiscally strong community. It is intended to answer the questions of "Where are we now?" "Where do we want to be?" "How do we get there?" Criticol to the success of the EDS is the process itself. This process should involve the private sector and other local and regional public agencies from the very outset. 02-d... - .. PAGE 3, ITEM NO.: MEETING DATE: 09/26/00 Key components include: . Inc:lusion of community stakeholders - in order to ensure vital input and broad-based "buy-in" . Visioning - shaping the future rather than just preparing for it . Assessment of the community's strengths and weaknesses - in order to develop meaningful economic development goals . Development of Strategies - which facilitate the profitable operation of business and industry and promote a diversified local economic base . Prioritizing - confrontation of difficult choices related to the allocation of time and resources . Implementation - putting into effect the Plan's goals, action plans, policies . Evaluation - adjusting the Plan as needed Notable benefits include: . Increased community involvement; valuable input and synergistic efforts . Creation of a tool for use by Council ond staff; helps Council in decision- making and staff to understand citywide goals and priorities, and thus to operate as a team . Expanded local base of quality jobs, which leads to gains in real income and buying power and an overall increase in the standard of living for Chula Vista residents . Growing tax revenues to support City services such as police, fire, parks, streets, etc. . Increased efficiency in the use of the City's resources II. STAKEHOLDER PARTICIPATION A. Steerina Committee The most difficult part of any planning process is getting it underway. Experts contend that the economic development planning process is particularly challenging and requires community "champions" and strong local leadership. A universal theme is the need to actively involve "stakeholders", i.e. individuals with a long term interest or "stake" in the economic future of the community. As AEDC, a national economic development organization, puts it "The importance of stakeholders cannot be overemphasized. Their absence is likely to doom any formal economic development program." The support of the community is critical not only in terms of strategizing, but also in terms of the Plan's implementation, including forming critical public/private partnerships. Stakeholder involvement is typically obtained via the formation of a Steering Committee. The Committee's composition should include visionary community leaders, key decision-mokers and representation across a broad range of public and private sectors. Staff is recommending that an executive level EDS Steering Committee be formed with representation from the following sectors: ó2.-3 - - PAGE 4, ITEM NO.: MEETING DATE: 09/26/00 . Education . South County Economic Development . Utilities Council Chair . Transportation/transit . CV Chamber of Commerce Chair . Workforce Development . CV Economic Development . Lenders Commission Chair . Labor Unions . CV Planning Commission Chair . Tourism Industry . Chula Vista Mayor . Hitech Employers . Chula Vista City Manager . Light Industrial Employers . San Diego Unified Port District . Retail Employers Commission . Major Property Owners . San Diego County Board of . Developers Supervisors B. Business Response Team rBRT) The BRT will oversee the preparation of the Strategy. The BRT will receive monthly updates from the Economic Development Manager, project manager for the EDS, and from ERA, and will provide ongoing input to ERA, the Steering Committee and Subcommittees. The BRT will review all reports and recommendations prior to presentation to Council for adoption. III. WHAT ARE THE PRIMARY TASKS IN THE CONTRACT WITH ERA? The proposed contract includes the 10 major Tasks listed below: Task 1.0 DOCUMENT EXISTING ECONOMIC DEVELOPMENT POLICIES Task 2.0 INTERVIEW STAKEHOLDERS Task 3.0 PREPARE ECONOMIC BASE ANALYSIS Task 4.0 ASSESS MEXICAN IMPACT Task 5.0 FACILITATE CHULA VISTA ECONOMIC VISION Task 6.0 IDENTIFY KEY ISSUES AND BEGIN TO DEVELOP STRATEGIES Task 7.0 IDENTIFY TARGETED INDUSTRIES Task 8.0 DEVELOP WORKING PAPERS FOR SELECT COMPLEX AND/OR CONTROVERSIAL ISSUES Task 9.0 PREPARE DRAFT ECONOMIC DEVELOPMENT STRATEGY Task 10.0 DEVELOP FINAL ECONOMIC DEVELOPMENT STRATEGY AND ECONOMIC DEVELOPMENT ELEMENT OF THE GENERAL PLAN Task 11.0 PRESENT FINAL DRAFT EDS AND ECONOMIC ELEMENT FOR ADOPTION The full Scape of Work is included in the contract as Attachment 1 to Exhibit A of the contract. A brief outline of each task Is provided in Attachment 1 to this staff report. This autline olso highlights related public participation activities. d-'/- - ,. PAGE 5, ITEM NO.: MEETING DATE: 09/26/00 IV. EDS TlMELlNE AND BUDGET The contract provides for the Interim EDS to be completed in 12 months. The Final EDS and the Economic Development Element of the General Plan will be completed in conjunction with the General Plan update, which is anticipated to begin within the next few months, pending hiring of the General Plan Project Manager, and to be completed over a 2-3 year period. The EDS contract budget is $161,025. The budget breakdown is provided as Attachment 3. This cost covers all expenses, including professional time, travel, supplies, and all meetings. V. OTHER CONTRACTS WITH ERA ERA has been awarded 2 other contracts within the last year. In December 1999, the Redevelopment Agency issued an RFP for consulting services to create a business recruitment strategy and provide recruitment services for Downtown Chulo Vista. The selection committee chose the team of ERA and Tuchscher Development Enterprises at a cost of $60,000. This contract is currently being amended to include an Economic and Structural Feasibility Analysis for the Cinema Star theatre. Additionally, ERA has a contract in the amount of $56,500 for two services related to the EDS: 1) assisting staff to scope the EDS at a cost of $10,000 (see "Background" section); and 2) evaluating the City's retail market supply citywide, including analysis of existing and planned retail projects such as the future Eastern Urban Center and their inter-relationships. (These retail analyses ore essential to the EDS and General Plan Update. They are being conducted in advance to assist staff to respond in a timely fashion to on-going retail center proposals from a citywide strategic perspective.) FISCAL IMPACT The proposed contract will require a total appropriation of $161,025 with $121,025 from the General Fund and $40,000 from the Redevelopment Agency budget. This appropriation directly supports the General Pion Update. AnACHMENTS 1 - Summary of EDS Tasks, including public participation and Council meetings 2 - Contract 3 - Table 1 - Budget 4 - Table 2 - Schedule of Tasks, Meetings, and Deliverables H,\HOME\COMMDEV\ST AFF .REP\O8-22 -OO\ERA controct2 .doc ~-S- - - COUNCIL RESOLUTION NO. AND REDEVELOPMENT AGENCY RESOLUTION NO. JOINT RESOLUTION OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA WAIVING THE FORMAL PUBLIC BIDDING PROCESS; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH ECONOMICS RESEARCH ASSOCIATES (ERA) FOR PROFESSIONAL SERVICES RELATED TO THE PREPARATION OF A CHULA VISTA ECONOMIC DEVELOPMENT STRATEGIC PLAN AND ECONOMIC DEVELOPMENT ELEMENT OF THE UPDATED GENERAL PLAN; AND APPROPRIATING $121,025 FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND AND $40,000 FROM THE AVAILABLE FUND BALANCE OF THE OTAY VALLEY ROAD PROJECT FUND FOR THIS PURPOSE WHEREAS, an EDS is a basic blue print for short and long range city development as relates to ensuring a balanced, fiscally strong community; and WHEREAS, the City's Business Response Team (BRT) has adopted a Mission Statement "to help define and implement economic development strategies to ensure a vibrant local economy which supports the City's vision of a balanced community", and a goal "to oversee the development of a comprehensive Chula Vista Economic Development Strategic Plan" (EDS); and WHEREAS, the Mission Statement and Goals of the BRT have been presented to City Council in past Council Workshops; and WHEREAS, a Chula Vista EDS scope, including coordination with the City's General Plan update and resulting in an Economic Development Element of the updated General Plan, has been defined in conjunction with the City's BRT and Economic Development Commission; and WHEREAS, staff recommends that the firm of Economics Research Associates (ERA) be selected to prepare the City's EDS based upon the company's international scope and depth of expertise, extensive experience in the field of economic development planning and programming, their work with both public and private sector clients, including economic development strategies for cities and regional agencies, , and their familiarity with both San Diego County and the City of Chula Vista, including a San Diego office and a locally based project manager; and WHEREAS, staff recommends that Council waive the formal bidding process due to the fact that ERA is one of only 2 companies with offices in the San Diego area that carry these types of credentials, and that the other such company waived its right to bid due to a conflict of interest. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby the City Council of the City of Chula Vista does hereby find, order, determine, and resolve to waive the formal public bidding process; authorize the Mayor to execute an agreement with Economics Research Associates for the preparation of the City's Economic Development Strategic Plan; and appropriate $121,025 from the General Fund and $40,000 from the Otay Valley Road Project fund for this purpose. pre(?;:y ~ Approved as to form by Chris Salomone John M. Kaheny Director of Community Development City Attorney H: IHOMEICOMM OEVlRESOSIEDS. res. doc c::>.-~ - .. AnACHMENT 1 SUMMARY OF EDS CONTRACT TASKS (Public participation activities are Italicized) Task 1.0 DOCUMENT EXISTING POLICIES . Review existing local plans/policies for consistency and identification of issues that need to be addressed . Review existing regional plans/policies in terms of their relationship to and impact on Chula Vista Task 2.0 INTERVIEW STAKEHOLDERS . Meet with EOC to identify stakeholders . Interview 30 stakeholders (employers, brokers, education leaders, etc) . Interview J 0 companies that decided not to locate in Chula Vista or that relocated outside Chula Vista Task 3.0 PREPARE ECONOMIC BASE ANALYSIS . Conduct external assessment to understand Chula Vista's relationship to national and regional economies, trends, opportunities, constraints . Conduct internal assessment to identify strengths, weaknesses, opportunities, constraints (e.g. identify all local businesses, industry clusters and trends; analyze demographics and workforce; analyze City's competitiveness in terms of costs of doing business, workforce, housing, etc) . Conduct retail center land needs analysis (separate contract) . Establish local economic indicators to track progress . Estoblish local economic indicators to track progress Task 4.0 ASSESS MEXICAN IMPACT . Identify local businesses involved in import/export and maquila operations; Assess impact of Mexican national workforce on local economy; Identify border-reloted opportunities "" Conduct random telephone survey of J 00 local businesses "" Conduct 2 focus groups with local firms trading with Mexico . Assess the impact of Mexican national consumers on local retail businesses "" Conduct a retailer focus group "" Facilitate a citywide retail zip code survey . Assess impact of Mexican morket on locol real estate industry "" Conduct focus group with residential, commercial, industrial brokers I REPORT TO COUNCIL: ECONOMIC BASE ANALYSIS I 02-7 - ,. Task 5.0 FACILITATE CHULA VISTA ECONOMIC VISION . Hold workshop with EDS Steering Committee COUNCIL WORKSHOP #1: PRESENTATION OF EDs STEERING COMMITTEE'S RECOMMENDED ECONOMIC VISION AT JOINT MEETING WITH EDC AND PC; COUNCIL ADOPTION OF CHULA VISTA ECONOMIC VISION Task 6.0 IDENTIFY KEY ISSUES . Establish 3 EDS Steering Committee Subcommittees and hold focus groups on specific topics 1. Citywide (e.g. image; infrastructure; workforce; development review processing) 2. Industry specific (e.g. hightech/R&O; Healthcare; Retail) 3. Geographic based (e.g. Bayfront, Dr, Otay Ranch, Southwest) . EDC members and "experts" on the issues invited to participate on focus groups . Identify issues and opportunities and begin to develop strategies Task 7.0 IDENTIFY TARGETED INDUSTRIES . Based on Economic Base Analysis, Economic Vision and the Steering Committee and EOC input, identify industry clusters and types of jobs that City should target in terms of start-up assistance, business attraction, and business retention/expansion efforts over next 10 years . Identify land-use, infrastructure, workforce training and other significant requirements for these targeted clusters Task 8.0 DEVELOP ISSUE PAPERS . Prepare up to 10 Issue Papers for select complex and/or controversial issues that require more in-depth research and analysis in order to develop strategies . Present Issue Papers to Steering Committee Focus Groups . Present Issue Papers to Steering Committee as a whole COUNCIL WORKSHOP #2: PRESENT ISSUE PAPERS AND RELATED ALTERNATIVE STRATEGIES AND SOLICIT COUNCIL INPUT PRIOR TO PREPARING THE DRAFT EDS Task 9.0 PREPARE DRAFT ECONOMIC DEVELOPMENT STRATEGY . Vision Statement . Goals . Objectives .., Review Draft Goals and Ob¡ectives with Steering Committee ot 3 workshops . Action Plan .., Responsibility .., Time Frame .., Priority .., Funding Source .., Performance Monitoring .;¿-~ - - COUNCIL WORKSHOP #3: PRESENT PROPOSED INTERIM EDs FOR COUNCIL CONSIDERATION AND ADOPTION Task 10.0 PREPARE FINAL ECONOMIC DEVELOPMENT STRATEGY AND ECONOMIC DEVELOPMENT ELEMENT OF GENERAL PLAN . Review existing General Plan; identify issues related to Interim EDS "" Review with EDC and Planning Commission . Prepare community/neighborhood level economic development plans/strategies "" Part of General Plan Update cammunity workshops (TBD) . Prepare a jobs/housing balance analysis based upon Interim EDS . Prepare final EDS and proposed Economic Development Element of General Plan PRESENT FINAL EDS AND PROPOSED ECONOMIC DEVELOPMENT ELEMENT TO COUNCIL, EDC, AND PC FOR CONSIDERATION AND ADOPTION Task 11.0 FINAL DRAFT PRESENTATIONS c:J- q - - ATTACHMENT 2 Agreement between City of Chula Vista and Economics Research Associates for Economic Development Strategic Planning This agreement ("Agreement"), dated September 26, 2000, for the purposes of reference only, and effective as ofthe 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 the City wants to develop an Economic Development Strategic Plan as a basic blue print for short and long range city development to be coordinated with the City's General Plan update as relates to ensuring a balanced, fiscally strong community; and Whereas the Consultant is the only firm located in the San Diego area that is available and possesses extensive experience in developing economic strategies and a comprehensive understanding of both the Chula Vista community as well as the San Diego region, and their economies, based upon previous work performed directly for both Cities and for private entities with projects in these areas; 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 the City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; H:\HOMEICOMMDE\l\DYEIERA contract for EDS.doc Two Party Agreement September 15, 2000 Page 1 c:2 -(0 - .. Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of th~ essence of this agreement. The General Duties and the work and demverables 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, ifthey 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. H:\HOMEICOMMDEVlDYEIERA contract for EDS.doc Two Party Agreement September 15, 2000 Page 2 ~-I/ - .. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H:IHOME\COMMDEVlDYEIERA contract for EDS.doc Two Party Agreement September 15, 2000 Page 3 ~ -I d-- - .. 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 by a surety and in. a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that ExhibitA, 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. , 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 H:IHOMEICOMMDEVIDYEIERA contract for EDS.doc Two Party Agreement September 15, 2000 Page 4 c::.?-/3 - .. 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 there under is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. Except upon written agreement of the City, in no event shall the term of this Agreement extend beyond the final date of completion of the City's General Plan update. 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. H:IHOMEICOMMDEVIDYEIERA contract for EDS.doc Two Party Agreement September 15, 2000 Page 5 ~ -I ..¡ - - 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 con'sultant'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. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. H:IHOMEICOMMDEVlDYE\ERA contract for EDS.doc Two Party Agreement September 15, 2000 Page 6 ~-/~ - .. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's, which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated there under. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party 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 appoint officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the negligent acts, errors, omissions or willful misconduct of the Consultant, or any agent or employee, H:IHOMEICOMMDEV\DYEIERA contract for EDS.doc Two Party Agreement September 15, 2000 Page 7 ~-I'" - .. subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct ofthe City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants." 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, noUo 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. H:\HOMEICOMMDEVlDYEIERA contract for EDS.doc Two Party Agreement September 15,2000 Page 8 02-/7 - .. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in ExhibitA, 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 bethe sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. The City shall not distribute the Consultant's report in conjunction with any public or private offering of debt or equity securities without prior written consent of the Consultant, which consent shall not be unreasonably withheld or delayed. City further agrees that at any time City uses or distributes excerpts or abstractions of the report, City shall give Consultant an opportunity to review such excerpt or abstraction and shall indicate in writing that reference should be made to the entire study for a complete understanding thereof, and no reliance should be placed on the excerpt or abstraction alone. 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 for the payment of same and shall hold the City harmless with regard thereto. H:\HOMEICOMMDEVlDYEIERA contract for EDS.doc Two Party Agreement September 15, 2000 Page 9 .;2-1'6 . - 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. 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. H:\HOMEICOMMDEVlDYE\ERA contract for EDS.doc Two Party Agreement September 15, 2000 Page 10 c:2-/Cj - - C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties H:IHOMEICOMMOEVlOYE\ERA contract for EOS.doc Two Party Agreement September 15, 2000 Page 11 ¿;2-c::¿o - - 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. [NEXT PAGE IS SIGNATURE PAGE] H:\HOMEICOMMDEVlDYE\ERA contract lor EDS.doc Two Party Agreement September 15, 2000 Page 12 c:2 -.;1.1 - .. Signature Page to Agreement between City of Chula Vista and Economics Research Associates for Economic Development Strategic Planning 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: August 22, 2000 City of Chula Vista by: Shirley Horton, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: John M. Kaheny, City Attorney Dated: Economics Research Associates By:dLt¿L William Anderson, AICP Vice President Exhibit List to Agreement (X) Exhibit A. H:\HOMEICOMMDEV\DYEIERA contract for EDS.doc Two Party Agreement September 15, 2000 Page 13 ,;¿ - c2 d.... . - Exhibit A to Agreement between City of Chula Vista and Economics Research Associates 1. Effective Date of Agreement: August 22, 2000 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: Economics Research Associates 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 964 5th Avenue, Suite 214 San Diego, CA 92101 Voice Phone (619) 544-1402 Fax Phone (619) 544-1404 7. General Duties: Preparation of Chula Vista Economic Development Strategic Plan 8. Scope of Work and Schedule: A. Detailed Scope of Work: See Attachment 1 to this Exhibit A. H:\HOMEICOMMDEVlDYE\ERA contract for EDS.doc Two Party Agreement September 15, 2000 Page 14 0./-o.l3 - .. B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: DUE BY: Task 1 Memo report summarizing existing economic development 11/10/00 studies, plans, strategies, projects and policies. Task 2 Memo report describing input from stakeholder interviews 12/22/00 and presentation to BRT. Task 3 Compilation of data and research documenting Economic 2/2/01 Base Analysis. Task 4 Memo report summarizing impact of Mexico; Economic 3/16/01 Base Analysis Report and Presentations to EDC, BRT and City Council. Task 5 Facilitation of Steering Committee workshop; Written 4/27/01 summary of key discussions re: development of Economic Vision; Facilitation of City Council workshop with Steering Committee, Planning Commission and EDC; Written summary of key discussions and Economic Vision. Task 6 Facilitation of three subcommittees (focus groups); Written 7/13/01 summary of key discussion on specific-specific and geographic-oriented issues. Task 7 Written summary of focus group discussions re: 8/24/01 recommended industries and jobs to target, related issues and strategies; Presentation to BRT. Task 8 Issue papers (10) and presentations to Steering 10/5/01 Committee, BRT and City Council. Task 9 Written draft of "Interim Economic Development Strategy"; 12/28/01 Presentation of strategy goals and objectives to BRT and Steering Committee (two workshops); and Presentation to City Council. Task 10 Participate in ten communily.-Ievel and two citywide General General Plan workshops; Written jobs/housing analysis; Written Plan draft of Economic Development Element of General Plan Update and Presentations to EDC and BRT. Deadline Task 11 Final Economic Development Strategy and Economic General Development Element of General Plan; Presentations to Plan EDC, Planning Commission and City Council (for Update consideration and adoption). Deadline H:\HOMEICOMMDEVlDYE\ERA contract for EDS.doc Two Party Agreement September 18, 2000 Page 15 ~-.;:¿t../ - - Dates or time limits for delivery of deliverables are subject to change upon mutual written agreement of the City and consultant. D. Date for completion of all Consultant services: The date for completion of all Consultant services shall coincide with the date of completion of the City's General Plan Update process. 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Commercial General Liability Insurance: $1,000,000. () Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). (X) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: Various existing City plans and policies related to economic development. 11. Compensation: A. (X) Single Fixed Fee Arrangement. 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: $161,025, payable as follows: Milestone or Event or Deliverable Fixed Fee Task 1.0 Memo report summarizing existing economic development studies, $8,500 plans, strategies, projects and policies. Task 2.0 Memo report describing input from stakeholder interviews and $14,000 presentation to BRT. Task 3.0 Compilation of data and research documenting Economic Base $19,975 Analysis. Task 4.0 Memo report summarizing impact of Mexico. $27,500 Task 4.5-6 Economic Base Analysis Report and Presentations to EDC, BRT $4,250 and City Council. H:\HOMEICOMMDEVlDYE\ERA contract for EDS.doc Two Party Agreement September 15, 2000 Page 16 Cl -..¿ s.- - - Task 5.0 Facilitation of Steering Committee workshop; Written summary of key discussions re: development of Economic Vision; Facilitation of City Council workshop with Steering Committee, Planning $12,600 Commission and EDC; Written summary of key discussions and Economic Vision. Task 6.0 Facilitation of three subcommittees (focus groups); Written summary of key discussion on citywide, industry-specific and $8,400 geographic-oriented issues. Task 7.0 Written summary of focus group discussions re: recommended industries and jobs to target, related issues and strategies and $3,000 Presentation to BRT. Task 8.0 Issue papers (10) and presentations to Steering Committee, BRT $30,000 and City Council. Task 9.0 Written draft of "Interim Economic Development Strategy"; Presentation of strategy goals and objectives to BRT and Steering $10,000 Committee (two workshops); and Presentation to City Council. Task 10.0 Participate in ten community-level and two citywide General Plan workshops; Written jobs/housing analysis; Written draft of $16,100 Economic Development Element of General Plan and Presentations to EDC and BRT. Task 11.0 Final Economic Development Strategy and Economic Development Element of General Plan; Presentations to EDC, $4,200 Planning Commission and City Council (for consideration and adoption). 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 based on submitted invoices, not to exceed a maximum of $2,500. 13. Contract Administrators: City: Cheryl Dye, Economic Development Manager City of Chula Vista Community Development Department 276 Fourth Avenue Chula Vista, CA 91910 Consultant: William Anderson, AICP, Vice President Economics Research Associates 964 5th Avenue, Suite 214 San Diego, CA 92101 H:\HOMEICOMMDEVlDYE\ERA contract for EDS.doc Two Party Agreement September 15, 2000 Page 17 ~-.;¿~ - - 14. Liquidated Damages Rate: N/A 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: No 17. Permitted Subconsultants: None 18. Bill Processing: A. Consultant's billing to be submitted for the following period of time: ( ) Monthly ( ) Quarterly (X) Other: Upon completion of deliverables B. Day of the Period for submission of Consultant's billing: ( ) First of the Month ( ) 15th Day of each Month ( ) End of the Month (X) Other: Upon completion of deliverables C. City's Account Number: 33220-7998/41192930-400000 H:\HOMEICOMMDEVlDYEIERA contract for EDS.doc Two Party Agreement September 15, 2000 Page 18 02.-;)...7 - .. ATTACHMENT 1 CHULA VISTA ECONOMIC DEVELOPMENT STRATEGIC PLAN ERA SCOPE OF WORK AND EDS PROCESS OUTLINE Task 1.0 DOCUMENT EXISTING LOCAL AND REGIONAL ECONOMIC DEVELOPMENT RELATED STUDIES, PLANS, STRATEGIES AND POLICIES 1.1 Identify existing Chula Vista studies and adopted plans, policies and strategies related to the City's economic development, including those directly related to redevelopment, land use, and infrastructure. Prepare synopsis of each of these, review for consistency, and prepare summary of identified significant issues that need to be addressed to bring plans, policies, etc. into conformance and up.to-date. 1.2 Identify existing regional studies and adopted plans, policies, and strategies that are relevant to the City's economic development, including those prepared and/or implemented by SANDAG, San Diego Port District, San Diego Regional EDC, San Diego Dialogue, South County EDC, City of San Diego, Regional Technology Alliance, Cal Trade & Commerce Agency, etc. Prepare synopsis of each of these and describe how they affect Chula Vista. 1.3 Identify local and regional large-scale development projects, and/or economic development initiatives that have succeeded or failed during the last ten years, and those that are currently planned and proposed. 1.4 Identify major local and regional capital improvement projects that are underway or approved and which will enhance the City's economic development capacity. Task 2.0 INTERVIEW STAKEHOLDERS RE: LOCAL STRENGTHS AND WEAKNESSES, COMPANY AND INDUSTRY ISSUES, TRENDS AND OPPORTUNITIES 2.1 Develop informal interview format and provide to staff to review. 2.2 Meet with City staff to identify specific stakeholders in the City and South Bay region to interview regarding economic development issues in Chula Vista. 2.3 Meet with the EDC to interview the commission and to identify other community stakeholders to interview. 2.4 Interview up to 30 individuals representing government, major employers; older companies, newer companies, business associations, local start-up companies, work force training providers, community-based 02 -.;¿ ~ - - organizations, utility providers, financiers, commercial and industrial brokers, developers, education leaders, labor unions, etc. Interview them regarding Chula Vista's strengths and weaknesses, company and industry issues and trends, the City's economic future in the region and the issues and opportunities that the City faces. 2.5 Interview 5-10 companies that considered Chula Vista, but chose not to locate in the city, and companies that left Chula Vista, regarding why they decided to locate elsewhere. 2.6 Prepare a memorandum report describing the input received from the stakeholder interviews, and review it with the BRT. Task 3.0 PREPARE LOCAL ECONOMIC BASE ANALYSIS TO ASSESS THE CITY'S COMPETITIVE POSITION AND ECONOMIC POTENTIAL. 3.1 Conduct an external economic assessment in order to understand how Chula Vista's economy is interrelated with national and regional activity and trends, opportunities and constraints. 3.1.1 Describe the regional economy based on secondary data sources in terms of industry profiles, targeted clusters, employment lands, workforce characteristics. and demographic trends. 3.1.2 Analyze and summarize what the information "means" for Chula Vista's economic development. 3.2 Conduct an internal economic assessment of local activity and trends, strengths and weaknesses. 3.2.1 In order to identify all existing businesses within Chula Vista, the City will purchase 1999 business location data from Inside Prospects (SANDAG's source for data) and will request 1995 data from SANDAG for comparison. The City will cross-reference the 1999 data with its Business License data to determine if any other businesses need to be added to the list. 3.2.2 In order to identify local employment trends by industry type, as well as to identify existing and emerging clusters, if any, the City's GIS staff will map Chula Vista employment by industry type using detailed North American Industrial Classification System (NAICS) codes and by firm size (for 1995 and 2000 - the dates of available SANDAG data). ERA will analyze employment trends and identify economic clusters within the City, if any. ERA will compare the City's economic profile with the County as a whole and SANDAG's targeted cluster industries. C:;-.29 2 - .. 3.2.3 Prepare a Shift/Share analysis of San Diego County and Chula Vista to identify those potential industries for which the region and the City demonstrate a propensity and comparative advantage. 3.2.4 Document and analyze selected demographic and workforce characteristics and trends in South Bay and Chula Vista, compared to the County as a whole, to ascertain Chula Vista's workforce competitiveness and market attractiveness. Reference prior studies regarding employer needs compared to workforce skills. 3.3 Establish local economic indicators to track economic activity and to monitor EDS progress. 3.3.1 Document and analyze selected fiscal measures per unit in the City, including taxable retail and non-retail sales, transient-occupancy taxes, commercial and industrial assessed valuation, tax-increment, utility users taxes, and General Fund per capita expenditures. 3.3.2 Document and analyze selected real estate data, compared to the county as a whole, such as building permit trends, commercial and industrial land inventory, rents, occupancy rates, etc. 3.4 Analyze the City's competitiveness in terms of the cost of doing business and the cost of living. 3.4.1 Provide cost comparisons based upon secondary data sources, as available, for the following: . Utility costs (one-time and on-going) . Workforce (salaries and wages by type of employment) . Real Estate (land and buildings) . City Fees (one-time and on-going) . Housing (by type) 3.4.2 The City's TDIF Reduction Task Force will compare Chula Vista's commercial and industrial Transportation Development Impact Fees (TDIF), with other jurisdictions in San Diego County. 3.5 Conduct a citywide Retail Center land needs analysis. (This study is being conducted under a separate contract.) Task 4.0 ASSESS ECONOMIC IMPACT OF CHULA VISTA'S PROXIMITY TO MEXICO. 4.1 Summarize published data regarding trade between Tijuana and the San Diego region. Discuss how this data relates to Chula Vista. 4.2 Assess the types and extent of Chula Vista industrial businesses doing trade with Mexico, via importing and/or exporting goods or services. ~ -..3-0 3 - .- 4.2.1 Collect, assess and document existing data identifying local import/export companies. 4.2.2 Identify maquiladora headquarters in Chula Vista based on secondary data sources. 4.2.3 Conduct a random sample telephone survey of at least 100 local businesses within selected major industrial NAICS categories regarding the proportion of their trade associated with Mexico and their proportion of employees who are Mexican Nationals. 4.2.4 Conduct two focus groups with maquiladora firms and firms involved in cross-border trade regarding Chula Vista's advantages and disadvantages as a business location. 4.3 Assess the impact of Mexican National consumers on Chula Vista retail and wholesale businesses. 4.3.1 Conduct a focus group of major retailers to advise them of the City's efforts and goals, to solicit their support, and to seek specific input 4.3.2 Contact a larger range of Chula Vista merchants and retail center operators to obtain existing information regarding their proportion of customers who are Mexican Nationals 4.3.3 Facilitate a citywide zip code survey of retail customers in partnership with local merchants. ERA will provide the format and process for the survey. ERA and City staff will work together to identify a third party sponsor to administer the project (coordinate with local retailers) such as the Chamber of Commerce. 4.4 Assess impact of Mexican market on Chula Vista real estate industry. 4.4.1 Obtain County Assessor's information and/or County Recorder's Transfer Tax information identifying the home address of residential, commercial and industrial land and building purchasers 4.4.2 Hold a focus group with residential, commercial and industrial brokers to obtain information regarding the nature and proportion of land and building sales being made by Mexican Nationals 4.5 Prepare an Economic Base Analysis report integrating results of Tasks 1 - 4. Revise as needed and present to the EDC and the BRT. 4.6 ERA present Economic Base Analysis report to Council ~-.31 4 - .. 5.0 FACILITATE DEVELOPMENT OF A CHULA VISTA ECONOMIC VISION 5.1 ERA, in coordination with city staff, will establish an EDS Steering Committee. The Steering Committee's purpose is to: 1) involve key decision makers and civic leaders; 2) represent a cross-section of the community; 3) ensure the inclusion of the private sector from the inception of the planning process; 4) facilitate the development of meaningful public/private partnerships related to Plan implementation; and 5) help to convey and promote the Plan's Strategies to the community as a whole. The Steering Committee will be composed of executive level community leaders representing sectors critical to the City's economic development, including the following: 1) Education 2) Utilities 3) Major Property Owners 4) Major Commercial and Industrial Developers 5) Workforce Development 6) Lenders 7) Labor Unions 8) Chula Vista Chamber of Commerce 9) Tourism Industry 10) Large and Small Hightech Manufacturing Employers 11) Small Light Industrial Employers 12) R&D Employers 13) Large and Small Retail Employers 14) South County Economic Development Council 15) Chula Vista Planning Commission 16) Chula Vista EDC 17) San Diego Unified Port District 18) City Manager 19) Mayor 5.2 The EDS Steering Committee will hold a one day workshop to develop the Committee's recommended economic Vision for Chula Vista. ERA will prepare the format and appropriate materials for the workshop in coordination with City staff. ERA will provide an orientation for the workshop participants regarding the significance of an Economic Development Strategy, successful EDS models, and an overview of the Economic Base Analysis findings as developed in the preceding tasks. ERA will lead a discussion of the City's alternative economic visions and values for the next 20 years and facilitate the Committee reaching consensus on a Chula Vista vision. Public testimony will be taken. 5.3. ERA will prepare a written summary of the key discussions, the consensus reached regarding the City's economic vision, and the issues that the City faces to achieve the Vision as identified at this stage and present to the BRT. c.J-.3~ 5 - - 5.4. ERA and the EDS Steering Committee will present the Committee's recommended economic Vision to a joint EDC/PC/Council Workshop to help Council form and adopt a Chula Vista economic vision (#1) ERA will facilitate a Council workshop for presentation by the Steering committee of its recommended economic vision. ERA will prepare the format and appropriate materials for the workshop in coordination with city staff and will provide the same level of support as in item 5.2. The purpose of the workshop will be to reach a consensus with Council, Steering Committee, Planning Commission and EDC regarding the City's economic Vision. 5.5 ERA will prepare a written summary of the key discussions, the consensus reached regarding the City's economic vision, and the issues that the City faces to achieve the Vision as identified at this stage and present to the BRT. 6.0 IDENTIFY KEY ISSUES THAT MUST BE ADDRESSED TO FULFILL THE CITY'S ECONOMIC VISION 6.1 The ERA will facilitate the Steering Committee forming 3 subcommittees, each of which will hold focus groups (up to 12 total) on a series of topics pertinent to the EDS in order to identify issues and opportunities and to begin to develop strategies. ERA will facilitate the participation of EDC members in these Focus Groups. ERA will prepare a format and appropriate materials and facilitate these meetings in coordination with City staff. Public testimony will be taken. Focus Groups will be organized in three categories: 1) Citywide Issues (Examples: Image/Marketing; Transportationllnfrastructure; Land and Building Availability; Workforce; City Regulatory Environment/Permit processing/Fees) 2) Industry specific Issues (Examples: Hightech/R&D industry; Health Care Industry RetaillWholesale Trade) 3) Geoaraphic oriented Issues (Examples: Bayfront; Downtown; Newly developing Eastern areas/Otay Ranch; Older, more established areas in southwest and southeast) 6.2 ERA will prepare a summary of the key discussions at each meeting including possible strategies. 7.0 IDENTIFY TARGETED INDUSTRIES AND JOBS 7.1 Based on the Economic Base Analysis, the Economic Vision, and the Steering Committee and Focus Groups' input, ERA will identify industry clusters and jobs that the City of Chula Vista will want to target in terms of start- ~-33 6 - .. up business assistance, business attraction, retention and expansion efforts during the next 10 years. 7.2 Identify land-use, infrastructure, workforce training and other significant requirements for these clusters. 7.3 Present summary of Focus Group discussions (per Item 6.2), recommended targeted industries and jobs, and related issues and strategies to the BRT. 8.0 DEVELOP ISSUE PAPERS 8.1 The issues identified in the prior workshops and focus groups may require some further research, analysis and discussion in order to develop strategies. ERA prepare, in coordination with city staff, up to ten Issue Papers that discuss each issue, present data related to the issue, present alternative strategies for action, and discuss in qualitative terms the cosUbenefit of alternative strategies. 8.2 To the extent possible, the Issue Papers will be based on existing data and studies, and new information collected in preceding Tasks. Some issues, however, may require targeted research to address. The budget includes an allocation for three specific research efforts associated with the Issue Papers. The need for these efforts, their associated budget and time-frames will be determined at this time and approved by staff prior to proceeding. Examples of targeted research may include land use support analysis, City fee analysis and comparisons, development approval processes, public/private economic development service delivery management, etc. 8.3 Present and discuss these Issue Papers with the topical subcommittees of the Steering Committee. 8.4 After receiving input, discuss the Issue Papers with the Steering Committee as a whole. 8.5 Present Issue Papers to the BRT 8.5 Present the Issue Papers at a Council Workshop for input prior to preparing the Strategic Plan (#2) 9.0 PREPARE DRAFT "INTERIM ECONOMIC DEVELOPMENT STRATEGY" 9.1 Based on the input received in above tasks, prepare a draft strategy that identifies the following: ~ The overall economic development Vision Statement ~ Goals consistent with the vision statement ~ Measurable Objectives for achieving each goal 0"2-.34 7 - .- ~ Specified Actions for achieving each objective ~ For each action: . Responsibility . Time Frame . Priority . Funding Source . Performance Monitoring The economic development strategy will be presented in narrative and graphics, with a summary matrix. The Matrix will summarize the Economic Base Study findings, and will provide key recommendations re: 1) targeted industry clusters, 2) citywide ED strategies, 3) the City's Economic Development service delivery management plan, 4) amendments to existing City policies, and 5) new economic development policies for Council consideration. 9.2 Review the Draft Goals and Objectives with the BRT and Steering Committee over two workshops. 9.3 Present the proposed "Interim Economic Development Strategy" to Council at a Council workshop for their consideration and adoption (#3) 10.0 DEVELOP ECONOMIC DEVELOPMENT ELEMENT OF THE UPDATED GENERAL PLAN The Interim Economic Development Strategy will have a citywide focus, but will most likely address some community level economic development issues raised during the input process. Community-level economic development planning, however, will occur during the General Plan Update process. 10.1 Review the existing General Plan. Prepare a memorandum report that identifies the General Plan issues that the General Plan update should address related to the Interim Economic Development Strategy. Review this report with City staff, the EDC and the Planning Commission. 10.2 Participate in ten community.level General Plan workshops and two citywide workshops. Assist City staff in preparing community economic development sections in the respective community plans in an advisory capacity. City staff, or its General Plan consultants, will be responsible for any additional community-level research and data assembly that is required. 10.3 Prepare a jobs/housing balance analysis for Chula Vista that takes into account the existing and targeted industry clusters per the Interim Economic Development Strategy, the types of wages associated with the jobs, commercial and industrial supply under General Plan alternatives, and the type of housing under General Plan alternatives. 10.4 Assist staff to prepare the Economic Development Element of the General Plan. Present Draft Economic Development Element to EDC and BRT. ~ - 3s- 8 - .. Task 11.0 PRESENTATIONS Concurrent with the draft General Plan, present the final draft Economic Development Strategy and Economic Development Element of the General Plan to the EDC, Planning Commission, and City Council for final adoption. H:\HOME\COMMDEVlDYE\ERA SCOPE Outline 1.doc [8/14/00J ~ -.34 9 - - ATTACHMENT 3 Table I: BUDGET Tuk Hours Budget Task I: Document Research and Policies 80 S 8,500 Task 2: Interview Stakeholders 80 S 14,000 Task 3: Economic Base Analysis 3.1. EYfemal Economic Assessment 16 S 1,700 3.2. Internal Economic Assessment 92 S 9.775 3.3. Economic Indicators 40 S 4,250 3.4. Cost of Doing Business Analysis 40 S 4.250 Sub-total 188 S 19,975 Task 4: Assess Economic Impact of Mexico 4.1. Summarize Published Data 16 S 1,700 4.2. Assess Type & Ütent ofCV Industrial Business With Mexieo 40 S 5.000 Survey S 10,000 4.3. Assess Impact of-Hexiean Consumers on Retail & Servkes 60 S 7,500 4.4. Assess Impact of-\/e.yican Market on Real Estate Industry 40 S 5,000 Sub-total 140 S 27,500 Task 4.5-6: Economic Base Analysis Report 40 S 4.250 TaskS: Economic Vision 72 S 12,600 Task 6: Identify Key Issues 48 S 8.400 Task 7: Targeted Industries and Jobs 24 S 3,000 Task 8: Issue White Papers (10) 240 S 30.000 Task 9: Draft Economic Development Strategy 80 S 10.000 Task 10: General Plan Coordination 10.1: General Plan Review 12 S 2.100 10.2: CommunUy Workshops 30 S 5,250 10.3: JobsIHousing Analysis 24 S 2.550 lOA: CoordinaJionMeetings 12 S 2,100 10.5: Amend Economic Development Strategy 16 S 2,000 10.6: GeneralPlanworkshops 12 S 2,100 Sub-total 106 S 16.100 Tuk II: Adoption H<1Irings 24 S 4.200 Total Professional Time 1,122 158.525 Direct Costs Data S 1,500 '~vel S 500 VŠupplies $ 500 Sub-total S 2,500 Total Budget S 161,025 07-3. 7 - - 0 ' .. N !z ~ :J: 0> ~ - " '" " ~ l' I ~ 1'1 .. 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U~mh¡~n~~iH!:~! ~~~æ'Ë!ð ~~ HH'Ø~'Øð 1M gS~~~:¡:¡.~.~OII~~~:O:' ~nijE.~ ~E .. 0"",-<"-"""",-,,", ø c'-'-...""< C=.-,c..- , '" .> ~> -">"00.> "cc~~~~~~~- """""""""""Z".~I'",.,.'.,-. _m.c m. ..Cmm-NM"~"""" ~ !2:::::::::~;::ti~o:~,go: ~"-O::¡¡§':;~ ~~¡¡:¡¡:wwww ; :l U~~~UU~; 1M g~g,ô~~g~U.~ .: h~ I- 1->->->->->->->->->->->-:lEw",w,O", $w",>-","'", "::;0", REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM NO.. 3 MEETING DATE. 9/26/00 ITEM TITLE. PUBLIC HEARING TO CONSIDER SUPS 01-01 (PREVIOUS CASE PCC 00-59); SPECIAL USE PERMIT TO INSTALL, OPERATE AND MAINTAIN A WIRELESS COMMUNICATIONS FACILITY CONSISTING OF 9 PANEL ANTENNAS MOUNTED TO A 65-FT. MONOPOLE, AND A 300 SQUARE FT. EQUIPMENT BUILDING AGENCY RESOLUTION TO APPROVE SPECIAL USE PERMIT 01.01 TO COX/SPRINT PCs TO CONSTRUCT AN UNMANNED CELLULAR COMMUNICATIONS FACILITY AT 3S54 MAl STR ET SUBMlnED BY. COMMUNITY DEVELOPMENT DIRECTOR ¡..: DIRECTOR OF PLANNIN AND BUILDING REVIEWED BY. EXECUTIVE DIRECTOR 4/STHS VOTE. YESDNO~ BACKGROUND The proposed project was submitted as a request to construct a 65-foot monopole to operate an unmanned cellular communications facilily at 3554 Main Street, the site of the Otay Recreation Center. The originally proposed project consisted of a fenced off equipment area measuring approximately 300 square feet, and a 65-foot high monopole supporting a GPS antenna and nine panel antennas. The monopole location was proposed behind the Otay Recreation Center, in the northeast corner of the property. The Environmental Review Coordinator has concluded that this project is a Class I Categorical Exemption from environmental review, minor alteration of an existing public facilily, per the California Environmental Qualily Act. RECOMMENDATION That the Redevelopment Agency adopt the Attached Resolution SUPS 01-01 approving the wireless telecommunications facilily subject to all conditions contained in the Resolution and the findings contained therein. ...3-1 - .. PAGE 2, ITEM NO.1 MEETING DATEI 09/26/00 BOARDS/COMMISSIONS RECOMMENDATION The Planning Commission recommended that the Redevelopment Agency approve a monopalm antenna rather than the originally proposed monopole at a reduced height (60 ft.) at their August 9, 2000 meeting subject to the conditions listed in the attached Resolution of Approval. As a separate motion, the Planning Commission recornmended that the City Council consider using the funds generated from this facility to augment existing revenues that are used to fund and staff the Otay Recreation Center. The Finance Department expressed concerns that due to the administrative burden involved in earmarking specific revenues for specific purposes and the loss of Council discretion in allocating unrestricted funding for any City purpose, they do not support, nor recommend that Council give positive consideration to this Planning Commission recommendation. DISCUSSION The project site consists of the recently constructed Otay Recreation Center, including a plaza, and a parking lot west of the building. There is 30-40 foot landscape buffer between the front of the building and the sidewalk along Main Street. The building is set back approximately 15 feet from the rear property line, where a chain link fence separates the parcel from the adjacent recreation area of the Otay Elementary School. There is a row of ten palm trees between the fence and the building. The parcel is in the midst of an IL zone, and is directly south of the Otay Elementary School. Cox/Sprint proposes to construct an unmanned cellular communications facility at 3554 Main Street. The originally proposed 65-foot high monopole consisted of a pole that supported nine panel antennas (each of which is approximately six feet long and eight inches wide) and a GPS oval antenna, approximately four inches in diameter. The portion of the pole below the Recreation Center's roofline would be painted red to match the building. The upper portion of the pole, which would rise twenty feet above the building, would be painted light gray to blend with the sky. Telephone, electrical and radio equipment would be placed in cabinets near the base of the monopole, and a chain link fence with redwood slats to match the building's exterior color scheme would be installed to screen the equipment. The proposed site would provide service to the southern portion of Third Avenue, commercial areas along Main Street, and nearby residential areas in all directions. The proposal would require relocating two existing palm trees behind the building in the northeast corner. On July 26, 2000 the Planning Commission reviewed the proposal for an unmanned cellular facility consisting of the 65-foot monopole supporting nine antennas, and a 300-square foot equipment area. A copy of the staff report from that meeting is attached as well as draft minutes from the meeting (Attachment 3). At the public hearing the Commission expressed concern regarding the lack of community response to the project and requested that it be continued to August 9, 2000 so that: 3-.;). - .. PAGE 3, ITEM NO.1 MEETING DATEI 09/26/00 1. The radius of adjacent land owners noticed regarding the public hearing for the proposal could be expanded to include residents to the north; 2. Notification of the public hearing could include a photo simulation of the proposed monopole; and 3. Notification, including a photo simulation, could be posted at the atay Recreation Center. In response to the Commission's concern the notification for the August 9 Planning Commission hearing was expanded from 300 feet to approximately 950 feet, which included nearly 100 residents to the north and west. In addition, the notice was sent to both residents and owners of the properties. A copy of the notice and a diagram of the sites notified are attached (Attachment 5). Notification included a photo simulation of the proposed monopole. Additionally, at the July meeting, the Planning Commission suggested that perhaps a monopalm rising above the building would be more aesthetically appropriate than the proposed monopole. At the hearing on August 9, the applicant provided photo simulations of a monopalm behind the Recreation Center. The monopalm was approximately 60 feet in height, five feet shorter than the originally approved monopole. The Direclor of Parks and Recreation is in support of the 60 ft. monopalm design. Several residents, whose names were read into the record at the August 9 hearing were supportive of the monopalm design and opposed to the monopole design. No other opposition to the project was received either via correspondence or at the meeting. The Planning Commission recommended approval of the monopalm rather than the monopole as originally proposed by the applicant. FISCAL IMPACT The operation of the telecommunication monopalm is not expected to generate any costs to the City. The City will generate fee revenues between $1,450 and $1,600 per month as outlined in the master license agreement established by Council. The license agreement allows the City the option of accepting some in kind telephone services in-lieu of a portion of the monthly fee. These funds were not appropriated as part of the current fiscal year budget. ATTACHMENTS 1. Locator Map 2. Planning Commission Resolution PCC-00-59 3. Planning Commission staff report and Minutes of July 26, 2000 4. Planning Commission staff report and Minutes of August 9,2000 ..3-3 . ,. PAGE 4, ITEM NO.1 MEETING DATEI 09/26/00 5. Copy of notice and diagram of sites notified 6. Photo simulation of proposed monopole behind Otay Recreation Center 7. Photo simulation of proposed monopalm behind Otay Recreation Center H, \HOME\PLAN NING\BEV\CommDev\OtayRec Cente,F;nal.doc .3-4 . ,. RESOLUTION NO. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA GRANTING A SPECIAL USE PERMIT, SUPS 01-01, TO COX/SPRINT PCS TO CONSTRUCT AN UNMANNED CELLULAR COMMUNICATIONS FACILITY AT 3554 MAIN STREET. A. RECITALS 1. Project Site WHEREAS, the parcel which is the subject matter of this resolution is represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description is located at the Otay Recreation Center, 3554 Main Street ("Project Site"); and 2. Project Applicant WHEREAS, on May 12, 2000 a duly verified application for a Special Use Permit SUP-01-01 (formerly PCC-00-59) was filed with the City ofChula Vista Planning Division by Cox/Sprint PCS (Applicant); and 3. Project Description; Application for Special Use Permit WHEREAS, Applicant requests permission to construct an unmanned cellular communications facility consisting of a 60-foot high monopalm supporting nine panel antennas, and a 300-square-foot fenced off equipment area on the Project Site; and 4. Planning Commission Record on Application WHEREAS, the Planning Commission scheduled and advertised a public hearing on the Project for July 26, 2000; and WHEREAS, at the July 26, 2000 meeting, the Planning Commission continued the Project to August 9, 2000 in order to expand the public hearing notice radius and to consider a monopalm in lieu of a monopole; and WHEREAS, at the August 9,2000 meeting, the Planning Commission approved the revised monopalm design; and 5. Redevelopment Agency Record of Application WHEREAS, a duly called and noticed public hearing on the Project was held before the Redevelopment Agency of the City of Chura Vista on September 26, J-S"' . .. Resolution No. Page #2 2000 to receive the recommendation of the Planning Commission, and to hear public testimony with regard to same. NOW, THEREFORE BE IT RESOLVED that the Redevelopment Agency does hereby find, determine and resolve as follows: B. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearings on this Project held on July 26, 2000 and August 9, 2000 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. C. ENVIRONMENTAL DETERMINATION The Environmental Review Coordinator has concluded that the project is a Class 1 Categorical Exemption from environmental review pursuant to Sections 15303 and 15311 of the California Environmental Quality Act. D. CERTIFICATION OF COMPLIANCE WITH CEQA The Redevelopment Agency does hereby find that the environmental determination of the Environmental Review Coordinator was reached in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Chula Vista. E. SPECIAL USE PERMIT FINDINGS The Redevelopment Agency of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of special use permits, as herein below set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be made. 1. That the proposed use at the location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed cellular facility is necessary to provide and maintain a quality cellular phone system in southern Chula Vista, specifically providing service for the southern portion of Third A venue, commercial areas along Main Street, and nearby residential areas in all directions. The cellular facility will contribute to the general well being of the community by facilitating telephonic communication in the area surrounding said facility. 2. That such use will not under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or ..3 - r:c . .. Resolution No. Page #3 working in the vicinity or injurious to property or improvements in the vicinity. Emissions from cellular antennas have been shown to be below any levels that would cause hazardous biological effects. In addition, cellular antenna emissions are so far below all recognized safety standards that they constitute no hazard to public health or safety. The project has been conditioned that the applicant prove compliance with the accepted ANSI standards for emissions control. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. Special Use Permit SUP 01-01 requires the permittee to comply with all the applicable regulations and standards specified in the Municipal Code for such use. The conditioning of SUP 01-01 is approximately proportional both in nature and extent to the impact created by the proposed development in that the conditions imposed are directly related to and are of a nature and scope related to the size and impact of the project. 4. That the granting of this conditional use permit will not adversely affect the general plan of the City or the adopted plan of any government agency. The granting of SUP 01-01 will not adversely affect the Chula Vista General Plan in that said project is proposed in a limited industrial area. With the exception of the elementary school, the site is adjacent to industrial uses, said uses conforming to the General Plan. F. TERMS OF GRANT OF PERMIT The Redevelopment Agency hereby grants Special Use Permit SUP 01-01 subject to the following conditions whereby the applicant and/or property owner shall: 1. Construct the Project as described in the application, except as modified herein to allow for the monopalm and storage/equipment area. The project consists of a monopalm approximately 60 feet in height located behind the Otay Recreation Center. The telephone, electrical and radio equipment shall be placed in cabinets near the base of the monopalm, and a chain link fence with redwood slats to match the building's exterior color scheme shall be installed to screen the equipment. 2. Cooperate in good faith with other communications companies in co-locating additional antenna on pole structures and/or on the tops of buildings, provided said co-locates have received a conditional use permit for such use at said site from the City. Permittee shall exercise good faith in co-locating with other communications companies and sharing the permitted site, provided such shared use does not give rise to a substantial technical level- or quality-of-service impairment of the permitted use (as opposed to a competitive conflict or financial burden). In the event a dispute arises as to whether permittee has exercised good faith in ....1 - 7 . ,. Resolution No. Page #4 accommodating other users, the City may require a third party technical study at the expense of either or both the permittee and applicant. 3. Comply with ANSI standards for EMF emissions. Within six (6) months of the Building Division final inspection of the project, the Applicant shall submit a project implementation report to the Director of Planning and Building which provides cumulative field measurements of radio frequency (EMF) power densities of all antennas installed at subject site. The report shall quantify the EMF emissions and compare the results with currently accepted ANSI standards. Said report shall be subject to review and approval by the Director of Planning and Building for consistency with the project proposal report and the accepted ANSI standards. 1f on review the Agency in its discretion finds that the Project does not meet ANS1 standards, the Agency may revoke or modify this special use permit. 4. Ensure that the project does not cause localized interference with reception of area television or radio broadcasts. If on review the Agency, in its discretion, finds that the project interferes with such reception, the Agency may revoke or modify the special use permit. 5. Provide one 2A: lOBC fire extinguisher at a location satisfactory to the Fire Marshal upon completion of construction. 6. Obtain all necessary permits from the Chula Vista Building Department and Fire Department. 7. Comply with the City's Municipal Code noise standards. Within three (3) months of the Building Division's final inspection, the applicant shall submit a report to the Director of Planning and Building which provides cumulative field measurements of facility noises. The report shall quantify the levels and compare the results with current standards specified in the Municipal Code for limited industrial uses. Said report shall be subject to review and approval by the Director of Planning and Building for consistency with the project proposal dated May 12, 2000 and Municipal Code noise standards. If on review the Agency finds that the project does not meet the Municipal Code noise standards, the Agency may revoke or modify the permit. 8. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the Agency shall impose after advance written notice to the Permittee and after the Agency has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source, which the Permittee can not, in the normal operation of the use permitted, be expected to economically recover. 3-<6 ,. ,. Resolution No. Page #5 9. This Special Use Permit shall become void and ineffective if not utilized or extended within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. 10. Remove the monopalm and equipment area and return the site back to its original condition within ninety (90) days of cessation of use of the monopole. 11. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Redevelopment Agency members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Special Use Permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and c) Applicant's installation and operation of the facility permitted hereby, including, without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this Special Use Permit where indicated, below. Applicant's/operator's compliance with this provision is an express condition of this Special Use Permit and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. 12. Prior to issuance of a building permit, the applicant shall submit a site plan which identifies any and all existing site features which are anticipated to be disturbed/disrupted by construction activity related to the project and appropriate notes and construction details which describe the construction methods and materials to be utilized to restore site features to original condition. Said site plan is subject to the review and approval by the Director of Public Works and the Director of Parks and Recreation or their designees prior to issuance of building permit. 13. Project site shall be inspected six months subsequent to the issuance of building permits to check conformance with project plans and conditions of approval. 14. Project site shall be regularly maintained and kept free of graffiti. Anti-graffiti paint shall be applied to all structures associated with this project. 15. The power source for the project shall be independent of existing site facilities. Electrical service connections and the locations of related components such as meters and transformers shall be coordinated with SDG&E and City of Chula Vista Electrician prior to issuance of building permit. Disruption of existing site improvements and facilities, including site landscaping improvements, resulting from the installation of said electrical services shall be replaced/repaired in kind subject to the approval of the Director of Public Works, Director of Planning and Building, and Director of Parks and Recreation or designees. ..3 -9 . ,. Resolution No. Page #6 16. Damage of existing park grounds and/or facilities resulting from the installation and/or maintenance of the antenna including but not limited to turf areas, walkways, irrigation systems, any and all site utilities and fixtures shall be replaced in kind and under the authority and supervision of the Director of Public Works and Director of Parks and Recreation or designees. 17. Installation and scheduled maintenance of the antenna and related components shall be coordinated with parks operation personnel and on-site recreation staff prior to commencement of work to minimize the potential for conflicts with recreation programs occurring at the site. 18. Any disruption or interruption of site service resulting from the installation of and/or continued maintenance of the antenna and related components shall be mitigated to the satisfaction of the Director of Public Works and Director of Parks and Recreation or Designees. G. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and applicant have each read, understood and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy returned to the Planning Department. Failure to return a signed and stamped copy of this recorded document within ten days of recordation to the City Clerk shall indicate the property owner/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk' Office and known as Document No. - Signature of Representative of Date Cox/Sprint PCS H. ADDITIONAL TERM OF GRANT This permit shall expire ten (10) years after the date of its approval by the Redevelopment Agency. After the first five (5) years, the Zoning Administrator shall review this Special Use Permit for compliance with the conditions of approval, and shall determine, in consultation with the Applicant, whether or not the structure can be lowered. I. NOTICE OF EXEMPTION ..3-10 . ,. Resolution No. Page #7 The Redevelopment Agency directs the Environmental Review Coordinator to post a Notice of Exemption and file the same with the County Clerk. J. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Redevelopment Agency that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by ~1::Ðr~ Robert A. Leiter Director of Planning and Building City Attorney ~~/ Chris Salomone Community Development Director II,IHOMEIPLANNINGlBEVICommDevIOt,y Rec Cente, CC Rew.doc J-tI . ~ ATTACHMENT 1 .. .. - [[J]J OIIIJI[[JJ TREMONT STREET IillJ ITIIIIIDJJ [[[[] [[[[[[[]] o:rïJJ°MERY STREET ~ OTAV ELEMENTARY III] 8IIillIOIIJJ ~ SCHOOL ZENITH STREET mrn ITTIIIIIIIE ~ liNCOLN BUSINESS mID ITII!IIIIIIJ 5 CENTER MAIN STREET tJ [[J]JITIJ ~I I I BRITTON STREET / I- UJ UJ c:: I- CIJ UJ 0 <{ :::E LOCATOR ~~~~I~: COX/SPRINT PROJECT DESCRIPTION: ø CONDITIONAL USE PERMIT PROJECT Chula Vista Recreation Center ADDRESS: 3554 Main Street Request: Proposed wireless telecommunications facility consisting of (9) panel antennas mounted to a 65 foot monopole, along with SCALE: I FILE NUMBER: associated radio, power and telephone equipment located NORTH No Scale PCC - 00-59 adjacent to the base of the monopole. C:lmyfilesllocatorsIPCCO059.cdr OS/24/00 ..3-1;). . ,. ATTACHMENT 2 RESOLUTION NO. PCC-OO-59 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE REDEVELOPMENT AGENCY GRANT A SPECIAL USE PERMIT, SUP-Ol-Ol (FORMERLY PCC-OO-59, TO COX/SPRINT PCS TO CONSTRUCT AN UNMANNED CELLULAR COMMUNICATIONS FACILITY AT 3554 MAIN STREET. WHEREAS, a du1y verified application for a Special Use Pennit was filed with the City of Chu1a Vista Planning Department on May 12, 2000 by Cox/Sprint PCS; and WHEREAS, said application requests pennlsslOn to construct an unmanned cellular communications facility consisting of a 65-foot high monopole and 300 square foot eqnipment area behind the Otay Recreation Center located at 3554 Main Street; and WHEREAS, the Environmental Review Coordinator has concluded that the project is a Class I Categorical Exemption from environmental review pursuant to the California Environmental Quality Act; and WHEREAS, the Planning Director set the time and place for a hearing on said Special Use Pennit and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circu1ation in the city and its mailing to property owners and residents within 300 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was scheduled and advertised for July 26, 2000 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission; and WHEREAS, at the July 26, 2000 meeting, the Planning Commission continued the project to August 9, 2000 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue in order to expand the mailing radius and to consider a revised desigu; and WHEREAS, at the August 9, 2000 the Planning Commission reviewed a revised monopalm design; and WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearings with respect to subject application. NOW, THEREFORE, BE IT RESOLVED THAT TIlE PLANNING COMMISSION does hereby recommend that the Redevelopment Agency approve Special Use Pennit SUP 01-01 in accordance with the findings and subject to the conditions and findings contained in the attached Redevelopment Agency Resolution. BE IT FURTIlER RESOLVED THAT a copy of this resolution be transmitted to the Redevelopment Agency. PASSED AND APPROVED BY TIlE PLANNING COMM1SSION OF CHULA VISTA, CALIFORNIA, this 9th day of August 2000 by the following vote, to-wit: AYES: NOES: ABSTAIN: ABSENT: Bob Thomas, Chair ..3-/3 ~ . ~ ATTEST: Diana Vargas, Secretary H:\HOMEIPLANNINGIKIM\Planning Commission ResolutionsIPCC-OO-59 Cox Sprint doc ..3 -1'-:1 . ,. ATTACHMENT 3 PLANNING COMMISSION AGENDA STATEMENT Item: Meeting Date: 7/26/00 ITEM TITLE: Public Hearing: PCC-OO-59; Conditional Use Permit to install, operate and maintain a 65-foot high monopole, supporting nine panel antennas; and an associated equipment area at 3554 Main Street. Applicant: Cox/Sprint PCS Cox/Sprint PCS is requesting a Conditional Use Permit to construct and operate an unmanned cellular communications facility at 3554 Main Street, the site of the Otay Recreation Center. The project will consist of a fenced off equipment area measuring approximately 300 square feet, and a 65-foot high monopole supporting a GPS antenna and nine panel antennas. The monopole location is proposed behind the Otay Recreation Center, in the northeast corner of the property. The Environmental Review Coordinator has concluded that this project is a Class I Categorical Exemption from environmental review, minor alteration of an existing public facility, per the California Environmental Quality Act. RECOMMENDATION: That the Planning Commission adopt the attached Resolution PCC-00-59 recommending that the City Council approve the Conditional Use Permit based on the attached draft City Council Resolution and the conditions and findings contained therein. DISCUSSION: 1. Site Characteristics The project site consists of the recently constructed Otay Recreation Center, including a plaza, and a parking lot west of the building. There is 30-40 foot landscape buffer between the front of the building and the sidewalk along Main Street. The building is set back approximately 15 feet from the rear property line, where a chain link fence separates the parcel from the adjacent recreation area of the Otay Elementary School. There is a row of ten palm trees between the fence and the building. The parcel is in the midst of an IL zone, and is directly south of the Otay Elementary School (see Locator, Attachment 1). ..3-/S . ~ Page 2, Item: Meeting Date: 7/26/00 2. General Plan, Zoning, and Land Use General Plan ZoIring Current Land Use Site: Research & IL-Limited Industrial Chula Vista Recreation Center Limited Industrial North: Public & Quasi-Public IL-Limited Industrial alay Elementary School South: Research & IL-Limited Industrial ALLPRO Paint & Body Shop Limited Industrial East: Research & IL-Limited Industrial Vacant Limited Industrial West: Research & IL-Limited Industrial SDG&E Substation Limited Industrial 3. Proposal Cox/Sprint proposes to construct an unmanned cellular communications facility at 3554 Main Street. The 65-foot high monopole would consist of a pole that would support nine panel antennas (each of which is approximately six feet long and eight inches wide) and a GPS oval antenna, approximately four inches in diameter. The portion of the pole below the Recreation Center's roofline would be painted red to match the building. The upper portion of the pole, which would rise twenty feet above the building, would be painted light gray to blend with the sky. Telephone, electrical and radio equipment would be placed in cabinets near the base of the monopole, and a chain link fence with redwood slats to match the building's exterior color scheme would be installed to screen the equipment. The proposed site would provide service to the southern portion of Third Avenue, commercial areas along Main Street, and nearby residential areas in all directions. The proposal would require relocating two existing palm trees behind the building in the northeast corner. In accordance with Section 19.48 (Unclassified Uses), Conditional Use Permits are required for uses listed in this section of the Zoning Code, and shall be considered by the City Council upon recommendation by the Planning Commission. 4. Analysis The City encourages applicants of wireless telecommunications facilities to co-locate with other companies whenever possible in order to keep the number of new poles and structures to a minimum. The applicant for this project investigated several sites on or near Main Avenue, including a SDG&E high voltage transmission line approximately five blocks north, where a Pacific Bell facility is situated. It was determined that this site was too far away to accomplish Cox/Sprint's intended radius of transmission expansion. ..3-Ife. . .. Page 3, Item: Meeting Date: 7/26/00 As another possible site, the applicant investigated the SDG&E substation directly west of the Recreation Center, where there are several tall utility poles. SDG&E would not allow antennas within the fenced area of the substation, but possibly outside the fenced area approximately 75 feet away, where it would be much more conspicuous than in a cluster of the existing poles. Because the Chula Vista Recreation Center is the tallest building in the vicinity, the applicant chose that site so that more than two thirds of the proposed monopole could be hidden behind or blended into the building. With the attached conditions of approval, the proposal is consistent with the City of Chula Vista Municipal Code and the General Plan. CONCLUSION: Staff recommends approval of the proposed conditional use permit in accordance with the attached Planning Commission Resolution. Attachments 1. Localm Map 2. Planning Commission Resolution 3. Draft City Council Resolution 4. Disclosure Statement 5. Sire Plan ..3-17 - ,. ATTACHMENT 3 MINUTES OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA Council Chambers 6:00 p.m. Public Services Building Wednesday, 276 Fourth Avenue, Chula Vista ROLL CALLI MOTIONS TO EXCUSE: Present: Chair Thomas, Commissioners Castaneda, Hall, Willett, Cortes, and O'Neill Staff Present: Jim Sandoval, Assistant Director of Planning and Building Kim Vander Bie, Associate Planner Luis Hernandez, Senior Planner Stan Donn, Temporary Expert Professional Michael Meacham, Conservation Resource Manager Elizabeth Hull, Deputy City Attorney PLEDGE OF ALLEGIANCE/SILENT PRAYER INTRODUCTORY REMARKS: Read into the record by Chair Willett ORAL COMMUNICATIONS: 1. PUBLIC HEARING: PCC-OO-59; Conditional Use Permit to install, operate and maintain a 65-foot high monopole, supporting nine panel antennas; and an associated equipment area at 3554 Main Street. Cox/Sprint PCS Background: Kim Vander Bie, Associate Planner reported that Cox/Sprint PCS is requesting a conditional use permitto construct and operate an unmanned cellular communications facility at 3554 Main Street, the site of the Otay Recreation Center. The project consists of a fenced off equipment area measuring approximately 300 sf and a 65-foot high monopole supporting a GPS antenna and 9 panel antennas. The portion of the pole below the recreation center's roofline would be painted red to match the building and the upper portion of the pole would rise 20 ft. above the building and would be painted gray to blend in with the sky. Telephone, electrical and radio equipment would be placed in cabinets near the base of the monopole and a chainlink fence with redwood slats to match the building's exterior color scheme would be installed to screen the equipment. The City encourages applicants of wireless communications facilities to co-locate with other companies. The applicant investigated several site on or near Main Street including the SDG&E substation, where there are several tall utility poles. SDG&E does not allow antennas within the fenced area of the substation, but possible outside the fenced area approximately 75 feet away. ...3-/f' , ,- Planning Commission Minutes - 2 . July 26, 2000 The applicant chose the recreation center building because it is the tallest building in that vicinity so that more than 2/3rds of the monopole could be hidden or blended into the building. A monopalm was not considered because it would rise considerable higher than the existing palm trees. Staff recommendation: That the Planning Commission adopt Resolution PCC-00-59 recommending that the City Council approve the Conditional Use Permit based on the conditions and findings contained in the resolution. Commission Discussion: Commissioner Hall inquired if Cox/Sprint would pay a fee for the usage of the building and, if so, how much is that fee and where does it go. Michael Meacham, Conservation Resource Manager, responded thatthe City Council approved a Master Lease Agreement with Cox/Sprint PCS for sites on City facilities which range in monthly payments from $1,400 to $1,600 per month, and the money is typically General Fund revenue. However, there have been exceptions when it made sense from a construction stand point to build in a benefit to the existing or adjacent site. For example; there is a proposal to install a communications antenna on the light pole of an existing park site and there is a field adjacent to this park that has no light poles. Staff recommended that the monies be paid upfront in order to pay for the installation of light poles in the adjacent field in lieu of monthly payments, therefore the residents would reap the benefits of having a lit field. Commissioner Hall inquired if it would be possible to redirect a portion, if not all, of these monthly rental fees back into the recreation center. Elizabeth Hull, Deputy City Attorney responded that the Planning Commission could not make this a condition of approval, however, staff could include it as a recommendation from the Planning Commission to the City Council. Chair Thomas asked if there was anything the City could do, i.e., conditioning a CUP stating, "If approached by another company, co-location will be accepted." Elizabeth Hull, Deputy City Attorney, stated that the Commission's jurisdiction within the Condition Use Permit would be to condition it to encourage the applicant to work with other companies, however, it would be very difficult to make it a requirement because previous testimony from other applicants has revealed that when they looked into co-locating, it was not feasible because of physical constraints, not a lack of interest from either party. Mr. Meacham further stated that co-location is a common practice when it is technologically and geographically feasible. The incentive to the companies is that by sub-leasing with another company they can help defray some of the costs. Commissioner Willett reminded the Commission that the Planning Department is currently working on a study that will identify the location and type of cellular antenna facility that is currently in the City. ~-/9 . .. Planning Commission Minutes - 3 - July 26, 2000 Commissioner Cortes stated that he is encouraged to hear that staff is working on a comprehensive plan and hopes it will include guidelines that can assist the Commission in making a more informed decision. Ms. Hull stated that the City can establish guidelines for a Citywide policy for the overall placement of facilities. Public Hearing Opened 6:36 Michael Sloop, Sprint, 9665 Chesapeake Drive, Suite 320, San Diego, stated they looked at various locations in the surrounding area of Third and Main Street in an attempt to find an optimal location to get good coverage for that area of the City. The only feasible location that was found, because of the building height, was the recreation center. Mr. Sloop reaffirmed that co-location is desirable when optimal physical conditions exist, and as long as the competitor's equipment does not hinder or adversely affect an existing facility, it is economically desirable because sub-leasing helps defray some of the costs. Commissioner Castaneda stated that at a previous Planning Commission meeting when a similar request was being made, the applicant submitted renderings of different innovative designs that can be integrated into with the architecture of the building, and was wondering if the applicant had looked into other designs. Mr. Sloop responded that they did look into such possibilities, however, the unique sloping of the recreation center roof-line precluded the use of an alternative design. Additionally, the monopalm was also considered, but was rejected because even at maturity, the existing palm trees that are part of the landscaping at the rec center, would be considerable shorter than the 65 feet, which is the height of the monopole. Cmr. Castaneda stated that a tremendous amount of time, effort and money was expended to bring to fruition the recreation center, which has brought a sense of pride and ownership to the surrounding community, and he is reluctant in making a hasty decision that could diminish the aesthetics of this building. Commissioner O'Neill stated that he supports the project at this location and is encouraged that the City or the rec center will reap the benefits of the revenue it produces. Commissioner Hall stated that although he shares some of Cmf. Castaneda's concerns with the diminished aesthetics of the building, he would support approving the proposal with a recommendation to the City Council that the revenues it would generate would be diverted back into the recreation center. Chair Thomas stated that regardless of the revenue this facility would generate, he is not convinced that this is the best location for it because of the previously stated comments on the building aesthetics. ..3-~o . .. Planning Commission Minutes - 4 - July 26, 2000 Commissioner Willett inquired about the scope of information that the comprehensive plan will contain. Beverly Blessent, Senior Planner, responded it would contain the name of the provider, what type of facility it is, i.e. monopole/monopalm, or a stealth facility. Cmr. Willett recommended that the range and frequency of each of these locations be included in the plan as well as the elevation above sea level and the topography. Public Hearing Re-Opened 7:40. Commissioner Hall inquired of the applicant if he had any information that he could share with the Commission with respect to future technological advances in this industry that would render this type of facility obsolete. Mr. Sloop responded that the technology would be satellite personal communication and in his opinion, it would take a quantum leap in technology before satellites can handle the total number of phone calls. This is what makes cellular systems work, the fact that you can decentralize the antennas and repeat the use of either frequencies or codes. Public Hearing Closed 7:45. Commissioner Hall stated that since public hearing notices can oftentimes be overlooked as junk- mail, and the apparent lack of community participation at tonight's hearing would indicate that perhaps the community is not fully aware of what is being proposed and conceivable there could be a negative community response once the facility is built. Cmr. Hall asked how extensive was the noticing effort. Director Sandoval responded that a 10 day notice was placed in the newspaper and the mail noticing radius is 500 ft. to the surrounding neighbors. Commissioner Castaneda stated he concurs with Cmr. Hall's previous comments and as stated earlier, "a picture is worth a thousand words", therefore, he would make the following motion: MSC (Castaneda/Thomas) (5-1-0-0) that this item be continued to the August 9th Planning Commission meeting and direct staff to re-notice along with a copy of the simulated photograph that was presented to the Commission tonight and that the notice and photograph be posted at various locations at the recreation center. Motion carried with Commissioner O'Neill voting against. ..3-e2( - .. ATTACHMENT 4 PLANNING COMMISSION AGENDA STATEMENT Item: Meeting Date: 8/9/00 ITEM TITLE: Public Hearing: PCC-00-59; Special Use Permit to install, operate and maintain a cellular communications facility consisting of a 65-foot high monopole supporting nine panel antennas; and an associated equipment area at 3554 Main Street. (Continued from Planning Commission hearing July 26, 2000.) Applicant: Cox/Sprint PCS The proposed project is a request for a Special Use Permit to construct and operate an unmanned cellular communications facility at 3554 Main Street, the site of the Otay Recreation Center. The project will consist of a fenced off equipment area measuring approximately 300 square feet, and a 65-foot-high monopole supporting a GPS antenna and nine panel antennas. The monopole location is proposed behind the Otay Recreation Center, in the northeast corner of the property. The Environmental Review Coordinator has concluded that this project is a Class I Categorical Exemption from environmental review, minor alteration of an existing public facility, per the California Environmental Quality Act. RECOMMENDATION: That the Planning Commission adopt the attached Resolution PCC-00-59 (Attachment 2) recommending that the Redevlopment Agency approve the Special Use Permit based on the attached draft Redevelopment Agency Resolution and the conditions and findings contained therein. DISCUSSION: On July 26, 2000, the Planning Commission reviewed the proposal for an unmanned cellular facility consisting of a 65-foot-high monopole supporting nine antennas, and a 300-square-foot equipment area. A copy of the staff report (without attachments) from that meeting is attached (Attachment 4), as well as draft minutes from the meeting (Attachment 5). The Commissioners requested that the project be continued to August 9, 2000 so that: 1. The radius of adjacent land owners noticed regarding the public hearing for the proposal could be expanded to include residents to the north; 2. Notification of the public hearing could include a photo simulation of the proposed monopole; and 3. Notification, including a photo simulation, could be posted at the Otay Recreation Center. J -c2.;;}. 1 " Page 2, Item: Meeting Date: 8/9/00 The notification radius for the August 91h Planning Commission hearing was expanded from 300 feet to approximately 950 feet, which includes nearly 100 residents to the north and west. 1n addition, the notice was sent to both residents and owners of the properties. A copy of the notice and a diagram of the sites notified are attached (Attachment 6). Notification included a photo simulation of the proposed monopole (Attachment 7). A photo simulation and a copy of the notification were posted at the Otay Recreation Center on Wednesday, August 2, 2000. The Planning Commission suggested that perhaps a monopalm rising above the building would be more aesthetically appropriate than the proposed monopole. There is currently a row of palm trees approximately twenty feet high behind the building where the monopole is proposed. According to the City Landscape Planner, palm trees characteristically grow about one foot per year. At that rate, it would be approximately 45 years before the trees would be as high as a 65- foot monopalm, and 25 years before the trees would rise above the roofline of the Recreation Center and be visible from Main Street. Until the existing palms grow several more feet, a monopalm would appear to be standing alone, rather than in a cluster of trees. At the public hearing, the applicant will provide a photo simulation of a monopalm, instead of a monopole, behind the Otay Recreation Center. CONCLUSION: Staff recommends approval of the proposed conditional use permit in accordance with the attached Planning Commission Resolution. Attachments 1. Locator Map 2. Planning Commission Resolution PCC-00-59 3. Draft Redevelopment Agency Resolution 4. Staff Report (without attachments) from July 26, 2000 Planning Commission meeting 5. Draft minutes from July 26, 2000 Planning Commission meeting 6. Copy of notice and diagram of sites notified 7. Photo simulation of proposed monopole behind Otay Recreation Center .,.3-023 - ,. DRAFT ATTACHMENT 4 MINUTES OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA Council Chambers 6:00 p.m. Public Services Building Wednesday, August 9, 2000 276 Fourth Avenue, Chula Vista ROLL CALU MOTIONS TO EXCUSE: Present: Chair Thomas, Commissioners Castaneda, Hall, Willett, Cortes, and O'Neill Absent: Commissioner McCann Staff Present: Jim Sandoval, Assistant Director of Planning and Building Steve Power, Associate Planner Jeff Steichen, Associate Planner Brian Hunter, Planning and Environmental Manager Rich Whipple, Associate Planner Kim Vander Bie, Associate Planner Ann Moore, Assistant City Attorney PLEDGE OF ALLEGIANCE/SILENT PRAYER INTRODUCTORY REMARKS: Read into the record by Chair Thomas APPROVAL OF MINUTES: July 26, 2000 MSC (Willett/Castaneda) (6-0) to approve minutes as submitted. Motion carried. ORAL COMMUNICATIONS: No public input. 1. PUBLIC HEARING: PCC-00-59;Conditional Use Permit to install, operate and maintain a 65-foot high monopole, supporting nine panel antennas; and an associated equipment area at 3554 Main Street - Cox/Sprint PCS. Background: Kim Vander Bie, Associate Planner reported that on July 26, 2000 after the Commission's review of the proposed unmanned cellular facility at the Otay Recreation Center located at 3554 Main Street, the Planning Commission continued this item for the following reasons: 1. To expand the noticing radius to include residents to the north 2. Notification of the public hearing would include a photo simulation of the proposed monopole, and 3. A copy of the public notice with a photo simulation would be posted at the Otay Recreation Center. .3-..2c.f 1 ,.. Planning Commission Minutes - 2 - August 9, 2000 Ms. Vander Bie stated that the Planning Commission favored the monopalm design as being more aesthetically appropriate, and provided photo simulations of what a monopalm would look like. Presently there is a row of natural palm trees measuring approximately 20 feet high behind the building where the rnonopole is proposed. According to the City Landscape Planner, palm trees grow approximately 1 foot per year and at that rate, it would take approximately 45 years before the trees would be as high as the 65 foot monopalm, and 25 years before the trees would rise above the roofline. It is, therefore, staff's opinion that until the existing palm trees grow several more feet, a monopalm would appear to be standing alone, rather than in a cluster of trees. Staff is recommending that public testimony be taken tonight and that this item be continued to allow staff time to review in more detail some of the issues. Staff Recommendaiton: That the Planning Commission adopt the resolution recomrnending that the Redevelopment Agency approve the Special Use Permit based on the draft Redevelopment Agency resolution and the conditions and findings contained therein. Chair Thomas read into the record the names of people who oppose staff's recommendation, but support the project with a monopalm design; they are: Yolanda Ramos Steve Palma submitted a letter with 30 signatures of individuals who also support the monopalm design Mr. & Mrs. Walter Roberts Peter Ponte Silas Pectal Public Hearing Opened 6:20. Mike Sloop, 9665 Chesapeake Road, San Diego, representing Sprint stated he was there to answer any questions from the Commission and present also at the hearing is a Radio Engineer. Mr. Sloop further stated that since the consensus is leaning toward the monopalm design, he has no problem going with either the monopole or monopalm, and therefore urged the Commission to move forward and make a recommendation tonight. Commissioner Castaneda asked for further clarification on the reason staff is recommending a continuation of this item. Director Sandoval stated that the reason for the continuance was simply to allow staff time to sift through some administrative details and go over the comments and concerns that have been received, however, if the Commission feels comfortable with the project, action could be taken tonight. Public hearing closed 6:25 ..3-.:<..S'" . .. Planning Commission Minutes - 3 - August 9, 2000 MSC (Castaneda/Willett) (6-0-1-0) that the Planning Commission adopt the resolution recommending that the Redevelopment Agency approve the Special Use Permit based on the draft Redevelopment Agency resolution and the conditions and findings contained therein with an amendment to the resolution to approve a monopalm instead of a monopole and direct staff to make all of the appropriate changes to reflect that change. Motion carried. MSC (Castaneda/Hall) (5-2-1-0) recommend that the City Council consider using the funds generated from this facility to augment existing revenues that are used to fund and staff the Otay Recreation Center. Motion carried with Commissioners O'Neill and Willett voting against it. Commissioner O'Neill stated that whatever revenue this project generates will go into the General Fund or Parks & Recreation budget, and in his opinion, staff is in a better position to know where these funds should go; perhaps to buy equipment or staff time in another recreation center that needs it more. Therefore, he does not support the second motion. Commissioner Willett concurs with Cmf. O'Neill's comment. 2. PUBLIC HEARING: ZA V-00.14; An appeal of the Zoning Administrator's decis' to deny a variance request to maintain a fence with a maximu eight of 6/6" within the front yard setback. A maximum fenc eight of 3/6" is permitted in the front yard setback. The site' located in the R-1 Zone, with a General Plan designation of R dential. Background: Steve Power, Associate Planner reported that the licant is appealing the Zoning Administrator's decision to deny a variance request to ntain a fence that exceeds the allowable 3' 6" in height for a front yard fence. The Zon' g Administrator denied the variance request based upon the findings that there are no speci ircumstances or hardships applicable to the property. Fence pilasters ranging in height from 5'8" to 6" have been constructed with a low block wall ranging in height from 2' to 3'4" which sit etween the pilasters. A wrought iron fence would be placed between the pilasters and on p of the low block wall. One of the two sections in the M Icipal Code that applies to this project is Section 12.12.130 which states that any wall or d se vegetation within 5 ft. of a driveway or 5 ft. from the front property line cannot excee '6" high. Anything over 2'6" high would have to be at least 50% open and not more than in width. It should be noted at Section 12.12 is part of the Sidewalks and Streets Section of Municipal Code and the ref e, a variance cannot be obtained. The other de section that applies is 19.58.150 of the Zoning Ordinance, which states that no be over 3'6" high within a front yard setback. Thi variance request was denied by the Zoning Administrator because no applicable special J--2~ - ,. r 'Jø ~~ft- r"C, .', ~ -~-:; . .. Cl1\' OF CHUIA VISTA ?LANr'W-'¡G AI'-E) 3UILDING DE:?ARïME:Nï ."'.ugust 2. 2000 Re: PCC-00-59 Cox/Sp~irl! PCS J\1onopole ,,( OlC.y Recre,,(ion Center - 3554 J\1"in Slreet Dear Neighbor: Cox/Sprint PCS is proposmg to install a 65-foot-high monopole for wire1ess ¡e1ecOmmlli-llCations behind the Olay Recreation Center at 3554 Main Street The p01e, as simulated in me enclosed phOiograph, ,\ill rise 20 feet above the building's northeast comer. TDe bottom ponion of the p01e ,\il1 be painted to match the building. The top ::>onion of the p01e "ill be paiTlted to b1end will me s1:)'. The proposal also includes a :300-square-foot equipment area at the base of me pole, wìrich ,\-ill be sUlTounded by chain link fencing wim slats matcìring me c01or of the recreation building. Tr.is proposal \\'(~nt before me City of Chula Vista Plam1Ì."1g Commission on July 26,2000 2.:1d was comimled to: DALë.: ìVednescizy, August 9. 2000 TIJ\E: 6:00 p.æ. PL"_C:::: Cifv Cou.-¡cjJ Charnbe~5 in L'1e Public Services Buildi..."lg Chu1a ViS1Z Ci,'jc Cemer 2ï6 Fo~Ò -".venæ YO:..J are ic"lvi:ei lO anend :he pubiic near'Lilg and/or submit âllY wrinen CommenTS 0:- pe:itions TO üie Pla.'1!J.Ìng Col:Th-mssion via me PJa.'1IÙng Department no later man noon 0:1 Lie date of me hearing. Please direct any quesrions or comments to Kimberly Vander Bie, Associate Planner, Planning Department, Public Services Building, Chula Vista C¡,ic CenTer. 2ï6 Founh Avenue, Chula ViS12., CA 91910, or call (619) 691-5105. Please note Case Number PCC-00-59 in all coITespondence. 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"".~'.'."....:.~. :., ,..¿ :' .I- PROJECT LOCATIONJ ' . ' '~I'I' IIII:!- ,Loo..,."......,,:..,........., .':'1' ',' ',i,' , . , ", '. , " . MAINST ~~- "".(:.1..' ',,'.' """1,' ,--c--':'--',~ :: i£~~~~ . 6 " ' -~.. . ' ~-'--' - ,- . - SR, , ,ON ST -'----;-- ~i:~L:.' '"".", - .." :.:.".~ ..," '<-,- ~ " I " ,NOTJCING"BYRESID~NTS . - ~, . ::::?:=;~ I pcçOCJ:;5.g~$ç9~QNICAl1<5N~_~ACIU1Y' I ,~;- 'I,i,~: '/A!?PElc,A.N:r:..:COx/SPRlNT,,-, I I,'¡ : 1 SITFADDRESS:;-3554-MAJN STREff .. ~ I "~ '.~ ~': , - -'f, -~ ; ~ , ...3 -.,;¿ '6 - :~~~,'~ T¿,' '-~ ~ 'i~ .~- ATTACHMENT 6 'tI :I: 0 -I 0 en §: C r :Þ -I Õ Z Õ ~ ~ 5 0 - 0 ~ ~ ~ en ro ~ ~ ~ ~ ~ w - Ò 'tI ~ 0 ~ en g ~ 0 0 a ~ ~ 0 ~ ~ ~ ~ !!'. ¡þ I 0 ::T c: iii" < ¡¡ï ¡¡¡ :II CD n ~ CD ! õ' :J 0 CD :J ¡þ ... J -« 9 ...-..- -~ ATTACHMENT 7 ." :J: 0 - 0 en i c: ç - Õ z .... 0 ... 0 0 55 't:I ... :1 .... ." 0 en ." a 't:I 0 UI CD Q, en it I 0 :T c: iii < ¡¡i Ii!' :;u CD n iiI 1\1 .... õ' ~ 0 CD ~ .... CD ... J-3D REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM NO.: 4- MEETING DATE: 09/26100 ITEM TITLE: PUBLIC HEARING: TO CONSIDER GRANTING A SPECIAL USE PERMIT TO ALLOW A PEAK LOAD POWER PLANT ON THE PROPERTY LOCATED AT 3497 MAIN STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION 15-00-39 AND APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT TO ALLOW THE SITING OF A PEAK LOAD POWER PLANT AT 3497 MAIN STREET. RESOLUTION OF THE REDEVELOPMENT AGENCY APPROVING AN OWNER PARTICIPATION AGREEMENT WITH PG&E DISPERSED GENERATING COMPANY, LLC FOR THE CONSTRUCTION OF A PEAK LOAD POWER PLANT AT 3497 MAIN STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR L-~~C> REVIEWED BY: EXECUTIVE DIRECTOR lø¡[Qi"" 4/STHS VOTE: YES D N00 BACKGROUND The applicant, PG&E Dispersed Generating Company, LLC, is requesting approval of a Special Use Permit, design plans and an Owner Participatian Agreement ("OPA") for the construction of a Peak Load Power Plant. The Project involves the installation of electrical generating equipment, on a 3.5 acre property located south of Main Street and Albany Avenue close to the Otay River Valley (see Locator Map attached to OPA). The Planning and Environmental Manager of the Community Development Department prepared an Initial Study and determined that proiect specific mitigation measures are required to reduce potentiol environmental impacts identified in the Initial Study to a less than significant level. A Mitigated Negative Declaration (copy attached) was prepared In accordance with the requirements of the California Environmental Quality Act This project was originally presented to the Agency on August 22, 2000. The Agency continued the item to allow staff odditional time to research the issues surrounding rising regionol energy 4-( - '" PAGE 2, ITEM NO.: MEETING DATE: 09/26/00 costs and evaluate any opportunities presented by the proposed plant. Staff's preliminary analysis of the general regional energy cost and reliability issue has been presented under a separate report (see City Council Item No. 15) with respect to the PG&E Peak Load Plant, staff is still recommending Agency approval. However, staff has negotiated additional provisions into the OPA that will be discussed later in the report. RECOMMENDATION It is recommended that the Redevelopment Agency hold the required public hearing, take public testimony, if any, and adopt the Negative Declaration, grant the Special Use Permit, and approve the Owner Participation Agreement for the construction of the proposed Peak Load Power Plant. BOARDS/COMMISSIONS RECOMMENDATION On July 17, 2000, the Resource Conservation Commission reviewed and unanimously recommended certification of Mitigated Negotive Declaration IS-00-39 (see Attachment 1). At its meeting of August 7, 2000, the Design Review Committee reviewed the proposed project and recommended that the Redevelopment Agency approve it, subject to conditions (see Attachment 2). The proposal was also presented to the Planning Commission at its meeting of August 9, 2000. The Commission recommended the Agency grant the Special Use Permit (see Attachment 3). DISCUSSION Site Charocteristics The project site is located at 3497 Main Street in the Southwest Redevelopment Area in the City of Chula Vista. The property consists of one parcel of approximately 3.52 acres that has no frontage on Main Street. The property is approximately 835 feet south of Main Street. A 20 foot wide private easement road provides access to the site. The site is currently vacant and essentially level. 11 was used most recently as an operation and storage yard for three businesses; a house moving company, a sandblasting company, ond an auto towing company. These businesses had moved out of the site by the time the application for the proposed project was submitted to the City for consideration. The site drains to the south and west into the Otay River and the future Otay Valley Regional Park. 4-d.- - .. PAGE 3, ITEM NO.: MEETING DATE: 09/26/00 Nature of the Proiect The proposed Peak Load Power Plant is an electrical power generation plant powered by natural gas. The plant has a 49.5 megawatt maximum electricity generation capacity, and the County Air Pollution Control District has lirnited the plant to 4,800 hours per year of operation and no more than 16 hours on any given day. Peak Load plants' are designed to produce and sell electrical power during periods of high demand when electricity prices are high enough to support their relatively high operating costs. The plant is not designed to provide large amounts of low cost power. However, by producing additional electricity at peak load periods, the plant does serve to enhance local grid system reliability. During periods of low demand, peak load plants typically do not operate as it is not economically advantageous to do so. If the goal of the Council is to provide low cost reliable electrical supply to the community, a peaker plant designed to produce electricity at relatively high costs to sell at the highest possible rates during peok periods will not produce the solution Council is seeking. The project is also limited in its ability to sell electricity directly to the City or other end users. Detailed Proiect Description The planned facility consists of one natural gas twinpak combustion turbine, gas compressor, electrical generator, and associated equipment (see copy of design plans attached to OPA). An underground gas pipeline in the access road will connect to the existing gas pipeline in Main Street. No fuel will be stored on site. The site is not proposed to be paved. The entire properly is proposed to be surrounded by a 10' high chain link fence with opaque screening slats and landscaping on the outside. The air cooled gas turbine (approximately 70 feet in length, 15 feet wide, and 11 feet high) is proposed to be within an enclosure 100 feet in width, 80 feet long, and 25 feet high. Water use will be limited to on-site domestic use, inlet chilling and combustor water injection (if utilized). Small cooling towers will be required for the inlet chilling system. The turbine will be fitted with air pollution control equipment, noise suppression devices and exhaust stack. The Selective Catalytic Reduction air pollution control equipment will use ammonia injection and will be approximately 70 feet in length, 35 feet wide, and 40 feet high. The exhaust stack will be 15 feet wide, 20 feet long, and 45 feet high. A nuisance fluid (turbine and gear box seepage) collection system and storage vault will be locoted within the turbine enclosure. The fluids will be removed by a licensed disposal firm on an as-needed basis. An onsite electrical substation will transform the electrical output to 69,000 volts. The facility will tap into the existing 69,000 volt line along the eastern edge of the site. This overhead 69,000 volt transmission line will require upgrading with larger, higher capacity wires and the addition of three additional wires. The facility will be unmanned and remotely operated by PG&E. PG&E personnel or a local subcontractor will routinely inspect, service, and maintain the facility. It is anticipated that operoting and maintenance personnel will visit the facility 2 to 3 times per week. Vehiculor traffic 4-3 - - PAGE 4, ITEM NO.: MEETING DATE: 09/26/00 will be limited to operating and maintenance vehicles. Major overhauls of the turbine generators and pollution control equipment will occur every two yeors and require 2 to 3 weeks to cornplete by a crew of 10 to 15 technicians. Land Use Desianation The zoning on the currently vacant site (Limited Industrial) allows public and quasi public uses, like a peak load power plant, through a Special Use Permit. The properties to the north and east are occupied by auto storage and dismantling activities. A vacant lot is located to the west and was previously used as a troiler storage yard. The Otay River is located to the south. With the approval of the Speciol Use Permit (and the conditions listed in the Agency Resolution) the proposed project is determined to be consistent with the Zoning Ordinance, the Montgomery Specific Plan, and the General Plan of the City of Chula Vista. Landscapina and Screeninq As the site is located over BOO feet south of Main Street, its visibility from a public viewpoint is limited by distance. Additionally, the applicant is proposing a 10 foot chain link fence with opaque screening around the project and a landscape screen of Brisbane Box (tristania conferata) trees immediately adjacent on the exterior. The Engineering Division has noted the existence of a sewer easement near the north property line and has conditioned the plan to not plant immediately upon that easement. The applicant is aware of this condition and will comply. Prior to issuance of a building permit, a landscape plan addressing the above issue will be submitted to the City Landscape Planner for review and approval. Architecture The Chula Vista Design Manual page IV-B states, "The architecture should consider compatibility with surrounding character, including harmonious building style, color, material and roofline. In developed areas, new projects should meet or exceed the standards of quality which have been set by surrounding development." The Design Review Committee recommended that the components of the facility, namely the building enclosure and the Selective Catalytic Reduction equipment, be painted with earth tones, such as light browns and greens, to blend with the landscape materials to be planted. The proposed steel building will be compatible with ond meet or exceed the standards of quality of the surrounding development. Public Review As part of the processing of the proposed project, Community Development staff and the Applicant held a public forum at the Otay Community Center building (located next to Otay Elementary School and the Otay Recreation Center) to present the proposed project to the community and hear comments or concerns. Notice (in English and Spanish) of the forum was sent two weeks in advance to all property owners and tenants within an approximate radius of 900 feet from the subject site (the legal requirement is for a 300 feet radius). Only one person who lives on L Street attended the meeting. No correspondence or inquiries have been received by staff on this project. Also, the public hearings by the Design Review Committee, Planning Commission, and Redevelopment Agency were published in the Star News and the notice was sent to the property owners and tenants in the area. 4-t/ - .. PAGE 5, ITEM NO.: MEETING DATE: 09/26/00 OPA Provisions As a result of Agency direction, staff was able to negotiate additional benefits from the project. The applicant has agreed to provide $20,000 as "seed money" for the purposes of constructing a photovoltaic power generating facility (solar panels) at the Otay Recreation Center or at another site, or for another energy related purpose. Additionally, if the City does proceed with development of the solar facility, the developer has agreed to provide up to $10,000 of consulting services to facilitate the development. Additionally, the developer has agreed to a "meet and confer" provision whereby, at the City's request, they will meet to discuss acquisition or lease of this facility as well as a "right of first negotiation" if the developer elects to sellar lease the facility to another third party. The OPA also includes a "most favored nation" clause that requires the developer to provide the City with additional payments if it makes a higher public benefit contribution in connection with the development of a similar facility in San Diego County. CONCLUSION Based on the previous discussion, staff's conclusion is that the proposed project will represent an improvement for the area. The project has been designed to minimize its impacts and provide significant landscape enhancements to the site. It is staff's opinion that the construction of the proposed project will be beneficial for the City for the following reasons: it will generate additional electricity for the grid and provide enhanced system reliability during periods of peak demand. It will also put a vacant porcello a higher and better use and bring new development to the orea; it will enhance a site surrounded by auto dismantling and storage uses by providing an adequate combination of trees, shrubs, and ground covers; and it will contribute to the elimination of blighting influences, which furthers the goals and objectives of the Southwest Redevelopment Plan. FISCAL IMPACT The total estimated project valuation is approximately $15,000,000. This will generote tax increment revenues of approximately $150,000, which will be distributed as follows: Twenty percent ($30,000) for the Housing Set-Aside fund; of the remaining $120,000, fifty three percent ($63,600) will be allocated to other taxing entities as part of the tax sharing pass thru agreements; the rest ($56,400) will accrue to the Southwest Redevelopment Project Area fund. The proposed power plant is subject to the Utilities Users Tax with current revenue estimates ranging from $60,000 to $120,000 in annual taxes to the General Fund. 4-s- - '. PAGE 6, ITEM NO.: MEETING DATE: 09/26/00 AnACHMENTS 1. Resource Conservation minutes dated 7/17/00 2. Design Review minutes dated 8/7/00 3. Planning Commission minutes dated 8/9/00 4. Negative Declaration 15-00-39 5. Owner Participation Agreement with the following: Exhibit A - Design Plans Exhibit B - Conditions of Approval Exhibit C - Locator Map H:\HOME\COMMDEV\ST AFF. REP\O9 - 26-00\power plant. doc 4-~ - .. RESOLUTION NO, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION IS-00.39 AND APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT TO ALLOW THE SITING OF A PEAK LOAD POWER PLANT AT 3497 MAIN STREET, A. RECITALS 1, Project Site WHEREAS, the parcel which is the subject matter of this resolution is represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description is located at 3497 Main Street ("Project Site"); and, 2, Project Applicant WHEREAS, on March 21, 2000 a duly verified application for a special use permit to allow the siting of a Peak Load Power Plant (SUPS-OO-OB) ("Project") was filed with the City of Chula Vista Community Development Department by PG&E Dispersed Generation, LLC ("Applicant"); and 3. Project Description; Application for Special Use Permit WHEREAS, Applicant requests permission to site the Project at the Project Site, The Project consists of one natural gas twinpak combustion turbine, gas compressor, electrical generator, and associated equipment within the perimeter of the property fenced and screened by landscaping; and, 4, Planning Commission Record on Application WHEREAS, the Planning Commission held a duly noticed Public Hearing to consider the Project application on August 9, 2000, and after considering all evidence and testimony presented recommended by a vote of 6-0 that the Redevelopment Agency approve a Special Use Permit for the Project; and, 5, Redevelopment Agency Record of Application WHEREAS, a duly called and noticed public hearing on the Project was held before the Redevelopment Agency of the City of Chula Vista on September 12, 2000 to receive the recommendation of the Planning Commission, and to hear public testimony with regard to same, NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency does hereby find, order, determine and resolve as follows: 4-7 . ,. S. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on this project held on August 9, 2000 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. C. ENVIRONMENTAL DETERMINATION The Planning and Environmental Manager prepared an Initial Study, and determined that project specific mitigation measures are required to reduce potential environmental impacts identified in the initial study to a less than significant level. A Mitigated Negative Declaration was prepared; and, D. CERTIFICATION OF COMPLIANCE WITH CEQA The Redevelopment Agency finds that the Mitigated Negative Declaration has been prepared in accordance with the requirements of the California Environmental Quality Act, and the Environmental Review Procedures of the City of Chula Vista. The Redevelopment Agency finds that the Mitigated Negative Declaration reflects the independent judgement of the Redevelopment Agency of the City of Chula Vista and hereby adopts the Mitigated Negative Declaration. E. SPECIAL USE PERMIT FINDINGS The Redevelopment Agency of the City of Chula Vista does hereby make the findings required by the Agency's Rules and Regulations for the issuance of special use permits, as herein below set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be made. 1. That the proposed use at the location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed peak load power plant is desirable because it enhances the reliability of the electricity distribution system in the region by more efficiently using the existing energy resources to generate electricity during peak demand periods. 2. That such use will not under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. An environmental analysis was performed for the project site in accordance with the provisions of the California Environmental Quality Act. As a result of that environmental analysis specific mitigation conditions have been placed upon the project. Said conditions are included in the Mitigated Negative Declaration for the project and are incorporated herein as conditions of approval for SUPS-DO-DB. q-? - .. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. Special Use Permit SUPS-DO-DB requires the permittee to comply with all the applicable regulations and standards specified in the Municipal Code for such use. The conditioning of SUPS-DO-DB is approximately proportional both in nature and in extent to the impact created by the proposed development in that the conditions imposed are directly related to and are of a nature and scope related to the size and impact of the project. 4. That the granting of this special use permit will not adversely affect the general plan of the City or the adopted plan of any government agency. The granting of SUPS-OO-OB will not adversely affect the Chula Vista General Plan in that said project is in conformance with the City Zoning Ordinance and General Plan. The site is in an area that is characterized by commercial and industrial uses, and as previously noted in Finding 2, has been conditioned to mitigate potential impacts. F. CONDITIONS OF APPROVAL The Redevelopment Agency hereby grants Special Use Permit SUPS-OO-OB subject to the following conditions whereby the applicant and/or property Owner shall: Planning and Building Department Conditions: 1. Prior to the issuance of building permits, the project landscape and irrigation plan shall be reviewed and approved by the City Landscape Planner. 2. Prior to the issuance of a Certificate of Occupancy for the new structures, all landscaping shall be installed in accordance with the approved landscaping plan. 3. Any designated parking areas On the site shall provide a landscape treatment of 10% minimum per the Chula Vista Landscape Manual. The site plan does not at this time identify any designated parking areas. However, if in the future parking areas are created then this will be a requirement. 4. If at any point in the future the designated easement becomes a designated street and right-of- way, then additional landscaping may be required within the right-of-way. 5. Opportunities for vine pocket plantings should be looked at by the Landscape Architect. There should be isolated pockets of vine plantings along the proposed fencing. 6. Provide some vine plantings along the proposed fencing. 7. A water management plan shall be provided at the building permit stage, per requirements of the City Landscape Manual. 4-9 - ,. 8. At the building permit stage, a complete planting and irrigation plan per the City Landscape Manual will be required. 9. Construct the project as submitted, unless otherwise modified herein. 10. All mitigation measures identified within the Mitigated Negative Declaration for the project shall be complied with to the satisfaction of the Director of Planning and Building in perpetuity. Public Works Department Conditions 11. Developer shall dedicate land for street right-of-way, including tumaround, sufficient to construct half of an industrial street in accordance with the City's adopted street standards at the time of dedication. Such dedication shall be made upon Developer or Developers successor in interest acquiring a fee interest in the Property and the request of the Agency. 12. The following fees will be required if appropriate or if applicable, including but not limited to those fees identified below, based on the final building plans submitted. a. Sewer capacity and connection fees. b. Development Impact Fees c. Traffic Signal Fees 13. The Engineering Division will require the applicant to obtain a construction permit to perform any work in the City's right of way or easements. 14. A grading permit will be required prior to issuance of any building permit. Specific means of handling storm runoff will be addressed at the time of the grading plan review. All runoff will be subject to NPDES regulations. Hazardous materials will not be allowed to drain onto surrounding property. 15. Existing public sewer lines shall remain protected and driveable access shall be provided to all sewer manholes located on the property. Sewer easements shall be granted for all existing sewer lines on the property not within an existing easement. Fire Department Conditions 16. A 20' minimum width Fire access is required with an all weather driving surface. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City and Redevelopment Agency, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and b) Applicant's installation and operation of the facility permitted hereby. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this Special Use Permit where indicated below. Applicant/operator's compliance with this provision is an express condition of this Special Use Permit and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. 4-10 - .. G. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The applicant shall execute this document by signing the lines provided below, said execution indicating that the applicant has read, understood and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Recorder's Office of the County of San Diego, and a signed, stamped copy returned to the Community Development Department. Failure to sign this document within ten days of approval shall indicate the applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the Community Development Department's files and known as Document No. - Signature of Representative of PG&E Date Presented by: Approved as to form by: Chris Salomone John M. Kaheny Community Development Director City Attorney " ,"O"""""""'"O""," p", """"'-""'",-,"""'.000 4-11 - .. RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING OWNER PARTICIPATION AGREEMENT WITH THE WITH PG&E DISPERSED GENERATING COMPANY, LLC FOR THE CONSTRUCTION OF A PEAK LOAD POWER PLANT AT 3497 MAIN STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT WHEREAS, PG&E Dispersed Generating Company, LLC leases the property at the southeast corner of Main Street and Mace Street, which is diagrammatically shown in the Locator Map attached to the Owner Participation Agreement and incorporated herein by reference; and, WHEREAS, PG&E Dispersed Generating Company has presented development plans for the construction of a Peak Load Power Plant and associated site improvements located at 3497 Main Street ("Prajecf'); and WHEREAS, the site for the proposed Project is located within the Southwest Redevelopment Project Area under the jurisdiction and control of the Redevelopment Agency of the City of Chula Vista; and, WHEREAS, the Design Review Committee and the Planning Commission reviewed and recommended that the Redevelopment Agency approve the proposed Project subject to the conditions listed in Exhibit B of the Owner Participation Agreement; and, WHEREAS, the Redevelopment Agency of the City of Chula Vista has been presented an Owner Participation Agreement, said agreement being an file in the Office of the Secretary to the Redevelopment Agency and known as document RACO 00-_, approving the construction of the Project located 3497 Main Street, as depicted in Exhibit A (design plans) and subject to conditions listed in Exhibits B of said agreement NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does hereby find, order, determine and resolve as fallows: 1. The proposed project is consistent with the Southwest Redevelopment Plan and shall implement the purpose thereof; the project shall assist with the elimination of blight in the Project Area by putting to productive use a previously undeveloped and underutillzed parcel and by generating significant tax increment revenues that can be used to find other blight eliminating programs and projects. 2. Redevelopment Agency of the City of Chula Vista hereby approves, in the form presented, the Owner Participation Agreement with PG&E Dispersed Generating Company, LLC for the construction of a Peak Load Power Plant and associated site improvements located at 3497 Main Street, within the Southwest Redevelopment Project Area in accordance with plans attached thereto as Exhibit A and subject to conditions listed in Exhibits B of said agreement 3. The Chairman of the Redevelopment Agency Is hereby authorized to execute the subject Owner Participation Agreement between the Redevelopment Agency and PG&E Dispersed Generating Company, LLC, in the farm presented, with such minor modifications as may be approved or required by the Agency Attorney. 4. The Secretary of the Redevelopment Agency is authorized and directed to record said Owner Participation Agreement in the Office of the County Recorder of San Diego, California. Presented by: Approved as to form by: Chris Salomone John Kaheny Community Development Director Agency Attorney H:\HOME\COMMDEVIRESOSIPG&E PEAK LOAD GENERATION PLANT RESO 2.doc 4-/~ - ,. ATTACHMENT 1 RESOURCE CONSERVATION COMMISSION MINUTES JULY 17,2000 Public Services Building Conference Room 1 CALLING MEETING TO ORDER: Chairperson Burrascano called the meeting to order at 6:30 p.m. ROLL CALL/MOTIONS TO EXCUSE: RCC MEMBERS PRESENT: Chair, Cindy Burrascano Mr. Charles Bull Mr. Juan Diaz Ms. Teresa Thomas GUESTS Mr. Philip Hinshaw, Peak Load Power Plant Mr. Dale Mesple, Peak Load Power Plant Mr. Steve Thomas, newly appointed RCC Mr. Glen Coming, Friendship Board & Care STAFF PRESENT Marilyn Ponseggi, Environmental Coordinator Ben Guerrero, Community Development Brian Hunter, Community Development Jim Sandoval, Assistant Director of Planning Leilani Warren, Recording Secretary NEW BUSINESS: 1. Review of Negative Declaration 18-00-48, Friendship Board & Care, 247-249 Fourth Avenue. Chairperson, Burrascano requested the agenda be taken out-or-order and that they start with the review of the Friendship Board & Care. Marilyn Ponseggi presented an overview of the project. Commissioner Thomas questioned if the project met American Disability Association (ADA) standards. Mr. Coming stated that the building was formerly used as an educational center and has already been approved by the City ofChu1a Vista and meets ADA standards. A motion was made that the Initial Study was adequate and the Negative Declaration be adopted. VOTE: MSC (Thomas/Bull) approved 4-0-0 4-/3 - .. RCC Minutes Page 2 July 17, 2000 APPROVAL OF MINUTES: November 15, 1999 Minutes. The Commissioners discussed the following corrections, and requested staff listen to the recording ofthe meeting to verify the accuracy ofthe minutes: Page 3 (Question 1) Q: Is there someone on staff who is a biological and landscape expert? (Question 5) Correction of spelling of the word "effects" Q: What measures are being taken to monitor the upstream/downstream effects on the Willowy Monardella? Burrascano stated that, as far she knows CBI is not doing any studies by Otay Lakes. (Question 8) Clarification was requested for the percentages stated in the "Level of Conservation" portion for the Snake cholla. Page 4. (Question 2) Light-footed clapper rail Burrascano - the concern was that light-footed clapper rails have been reported from the upper drainage area in non-typical habitat and how they were dealing with that (Question 4) Change the word "Brach" to "BRAC" Marilyn Ponseggi stated that the tapes would be reviewed and if the minutes don't convey what is actually on the tapes, those changes would be made and the minutes would be resubmitted for approval. April 17, 2000 Minutes Page 4. Change the word "surface" to "service". Page 1. Change "Theresa" to "Teresa" A motion was made to approve the minutes as amended. VOTE: MSC (BulVThomas) approved 4-0-0 June 5, 2000 Minutes Page 1 Change "Theresa" to "Teresa" Page 5 Change to "San Diego County Solid Waste Hearing Panel" Page 5 Change "ECO-Mundo" to "EcoMundo" and add, "in the fall 2000 semester and that it is a part of the Baja Study Certificate Program." q-/Ý - ,. RCC Minutes Page 3 Julyt7,2000 A motion was made to approve the minutes as amended. VOTE: MSC (Bull/Diaz) approved 4-0-0 June 26, 2000 MINUTES Page I Change "Theresa" to "Teresa" Page 2 Change all "MND" to "ND" A motion was made to approve the minutes as amended. VOTE: MSC (Bull/Diaz) approved 4-0-0 NEW BUSINESS: - continued 2. Review of the Mitigated Negative Declaration, IS-OO-OO, Peak Load Power Plant 3497 Main Street. Commissioner Thomas distributed information taken /Tom the PG&E Corporation Web Page. Ben Guerrero, Community Development, gave an overview of the project. Commissioner Bull suggested a change on the bottom of the page 12, under NOISE, the last paragraph, the word "mitigation" be changed to "specific" so as to read. "A final set of specific measures cannot be defined at this time and a six-step mitigation program has been prepared that assures compliance." The Commission discussed drainage /Tom the site and its potential impact on the Otay River. In addition, the Commission was concerned about potential impacts to the river related to possible hazardous material spills on the site. The applicant addressed the Commissions concerns. A motion was made to accept the staffs recommendation to adopt the MND. VOTE: MSC (Bull/Diaz) approved 4-0-0 OLD BUSINESS: Review of the Negative Declaration, IS-Ot-Ot, Superior Ready Mix Concrete (Amendment to the Otay Valley Road Project Area Implementation Plan/Design Manual Addendum to Permit Concrete Batch Plants) Brian Hunter, Community Development, addressed some of the Commissioner's concerns and questions regarding this Initial Study/Negative Declaration that were raised at the last RCC meeting. He has expanded the discussion in the ND q-IS - .. RCC Minutes Page 4 July 17, 2000 to give the Commission a better understanding of the project per the requirements of CEQA. He also added an explanation of the definition of a batch plant. He stated that his staff was recommending that the amendment not be approved. The project was discussed at length by the RCC. A motion was made to recommend against approving the amendment to the Otay Valley Road Project Area Implementation PlanlDesign Manual Addendum to permit Concrete Batch Plants. VOTE: MSC (Bull/Thomas) approved 4-0-0 A motion was made to approve the Negative Declaration as recommended by the staff. VOTE: MSC (Bull/Burrascano) approved 4-0-0 ENVIRONMENTAL REVIEW COORDINATOR'S COMMENTS: Marilyn Ponseggi reminded the RCC that they all met Steve Thomas prior to the meeting. Mr. Thomas is the newest appointment to the RCC. The City Clerk will swear in Mr. Thomas tomorrow night and he will be at the next RCC meeting. Mr. Thomas is a traffic engineer with Traffic Design Consultants. The mayor is continuing to interview additional candidates. There are still two vacancies on the Commission to be filled. Ms. Ponseggi will be on vacation the first part of August and her associates Edalia Olivo- Gomez and Marisa Lundstedt will be representing her at the RCC meetings and will be available to answer any questions that should arise. CHAIRMAN'S COMMENTS: None COMMISSIONERS COMMENTS: None ADJOURNMENT: The meeting adjourned at 8:20 p.m. to a Regular Meeting on Monday, July 31,2000, at 6:30 p.m. in Conference Room 1 (subject to change) of the Public Services Building, 276 Fourth Avenue, Chula Vista, CA. Respectfully submitted, Leilani Warren Recording Secretary c/-If:o - ,. ATTACHMENT 2 Design Review Committee Minutes - 10 - August 7, 2000 E. PUBLIC HEARING ITEMS (Cont'd): 2. DRC-00-60 PG&E Electrical Power Plant 4397 Main Street Siting ofa peak load power plant Staff Presentation Mr. Brian Hunter (Planning & Environmental Manager) passed around photos of the site prior to everything being removed. The 10-acre site is now vacant. There is a 20-foot wide easement that comes down from Main Street to the project. The project is a peak load power plant proposed by PG&E in the southwest redevelopment area. That is a natural gas twin pack combustion turbine. The turbine itself is enclosed in a metal enclosure. There is a selective catalytic reduction air pollution control device and exhaust stack. All of the setbacks that are required in this zone are easily maintained. The height on this is to 45 feet; however, Section 19.16.040 of the Chula Vista Municipal Code exempts electrical power plants from any height limitations. A power plant is mechanical equipment and so, from a design standpoint, what is looked for is screening of the equipment. A lO-foot high chain link fence with opaque slating is proposed. Landscaping is also proposed all the way around the outside. The site has been conditioned so that the landscape plan has to be approved by the City Landscape Planner prior to issuance of any permits. It has been through preliminary review by him, and he has placed conditions that are in the report. The easement may turn out to be a public street, and there may be a requirement for dedication. Presently, there is no requirement for that, but staff has conditioned it in case that happens in the future. This project goes on to the Planning Commission and then to the Redevelopment Agency. There is no architecture; it is mechanical equipment that is screened with a combination of fencing and fairly bland coloring so it will blend in and/or be certain not to stand out. Member Araiza wanted the City Landscape Planners' opinion on the landscape plan as shown whether, in fact, there is adequate screening. If what is rendered is really the intent across the whole site? Mr. Garry Williams (Landscape Planner) indicated that the trees that have been selected are Justanias, which have a big broad tall round tent. This will achieve complete screening around the perimeter and not create any sort of hard edge. Additional pockets of plants were brought in. What is seen on the rendering is the screening fence and then the head of the trees. The trees are not going to ultimately reach the height of the equipment. Potentially, the trees get 30-40 feet in height over time. There is nothing staff could approach on the interior of the site because it is left open for operation. There are no designated parking areas. 4-17 - ,. Design Review Committee Minutes - 11 - August 7, 2000 Member Araiza asked if what is specified will do the job? Mr. Williams responded in the affirmative. Chair Aguilar asked how are the properties surrounding it eventually going to be developed or are they going to stay in the current use? Mr. Hunter stated that the property zoning in this area is limited industrial. Chair Aguilar asked if there would be any residential around here in the future? Mr. Hunter responded in the negative. Residential is not the future of this area. Applicant Presentation Mr. Dale Mesple (PG&E Dispersed Generation, 100 Pine Street, Suite 2860, San Francisco, CA 94111) gave some background on why PG&E is in Chula Vista and what the project is intended to do. At the Otay substation, which is about 800 feet north of this site, there is a demand of about 400 mega watts. There are a number of ways in which to get power into the local area. One is to have big transmission lines that bring the power in that have generating facilities out in the boondocks, or you can have localized, small facilities that provide the power at the center of where the load is needed. The latter is more efficient. PG&E tries to locate adjacent to a substation as well as a high-pressure gas line. That way it minimizes the amount of infrastructure that is required. All that needs to be added is three wires to the existing transmission line that already goes along the frontage of the property. The natural gas pipeline is in Main Street. It will be extended down to the site. In terms of regulatory guidelines, PG&E is serious about meeting all of the environmental issues. They already have the authority to construct from the San Diego County Air Pollution District. It will be the cleanest peak load power plant of its type with knox emissions at 5 ppm, which is as low as any other plant in the nation. All other requirements of the City Code have been met. No variances have been requested on this project. The purpose of the plant is to support two things: a) high demand periods of electrical needs, and b) to support the transmission and distribution system. Typically, it would operate ftom 10:00 a.m. until 7:00 or 8:00 p.m. during the peak periods. In San Diego, that is July, August, September and sometimes October. It will be permitted, from an air pollution standpoint, to operate more than that. It can operate up to 3,000 to 4,000 hours a year. It will probably operate 1,000 to 1,500 hours a year. It also meets the peak demand and supports the transmission system. There are four major environmental issues: noise, air, traffic and storm runoff. Noise - A survey was done, and there is potential for sensitive species of birds to exist in the Otay River bottom. PG&E has designed the project to meet the most stringent requirement, which is 60 dba at the property line. That also answers the question about the nearby residential area. The noise generators are 100 feet away 4-1? - ,. Design Review Committee Minutes - 12 - August 7, 2000 from the southern property line, and the residential properties are about 450 feet away. Air - PG&E has applied the best available control technology, which is selective catalytic reduction. That reduces the knox emissions down to 5 parts per million. Traffic - is not an issue with this facility as it is an unmanned facility. Operators will be going between this power plant and several others that are planned in the area. During the wintertime, when the plant is not running, operators will be there twice a week for security reasons and make sure everything is okay. During the peak season, operators will visit the site once a day. Storm runoff - There are two areas in the facility that have oil and ammonia in them: a) a transformer with about 1,500 gallons of oil that is used for insulation and cooling, and b) a 12,OOO-gallon ammonia tank, which is used in the emissions control system. In case there is a spill, they are piped into a second containment area. Storm runoff will go into the sewer. From the design standpoint, the architect came up with a metal plaid building that has some lines and some setbacks and jogs in it that breaks up the view of the equipment. The pollution control for the selective catalytic reduction system is being modified so that it is closer to the ground. It will be about 33 feet high depending on the foundation setting. The exhaust stack is trying to hold to 35 feet. The only issue that will cause the stack to be higher is if for some reason an additional silencer has to be added to the exhaust stack. There is one other possibility in terms of monitoring the emissions; there must be a continuous monitoring system. That may require a 2- or 3-foot spool extension of the stack to put in the probes. PG&E would seek the advice of the DRC as to what colors to use on the building and the equipment. The last item is outdoor lighting. There will be security lighting on the building. It will be designed such that it will not be intrusive on the neighbors. Committee Discussion/Recommendations Chair Aguilar stated that, in her view, it was important to keep the building as simple as possible. In terms of color, she thought an earth tone color would be best. Member Araiza felt that the earth tones were right but not yellow. Chair Aguilar and Member Mestler agreed. Member Araiza thought the important thing is that you see the trees and lose the building. That way when you look at this site, you will see the mountains in the background and the trees and the building will disappear. 4-1 c¡ - ,. Design Review Committee Minutes - 13 - August 7, 2000 Member Alberdi agreed with Member Araiza. It should look like a functional building and it should not try to look like something else. He agreed that the building should try to blend with the landscaping color-wise so it just disappears. MSC (Aguilar/Araiza) to approve the project with the conditions outlined in the staff report. Vote: (4-0-0-1) with Morlon absent. 4-~D - .. ATTACHMENT 3 Planning Commission Minutes - 6 - August 9, 2000 4. PUBLIC HEARING: Consideration of the following application files by PG&E Dispersed Generation, LLC for 3497 Main Street - Special Use Permit to allow a Peak Load Power Plant. Background: Brian Hunter, Planning and Environmental Manager, reported that the applicant has submitted an application for a Special Use Permit to allow the siting of a Peak Load Power Plant at 3497 Main Street, a site located 800 feet south of Main Street adjacent to the Otay River. The project consists of one natural gas twinpak combustion turbine, gas compressor, electrical generator, and associated equipment. Along the eastern boundary is an access road, which would contain an underground gas pipeline that would connect to the existing gas pipeline on Main Street. No fuel would be stored on site and the site is not proposed to be paved. The entire property would be surrounded by a 10 foot high chain link fence with opaque screening slats and landscaping on the outside. An air-cooled gas turbine would be contained within an enclosed structure and the turbine would be fitted with air pollution control equipment, noise suppression devices and an exhaust stack. The height of the exhaust stack is 45 feet and although the height limit for this zone is 45 ft., there is no height limit per the Municipal Code for electrical power plants. There is an electrical substation that is located to the north of the generator that would convert the electrical output to 69,000 volts and would tap into the existing 69,000 volt line that runs along the eastern edge of the site and goes back up to Main Street. The site would be unmanned and would be remotely operated. Staff Recommendation: That the Planning Commission adopt the resolution recommending that the Redevelopment Agency adopt the Mitigated Negative Declaration and approve the Special Use Permit in accordance with the Redevelopment Agency Resolution based on the findings of fact and subject to the conditions contained therein. Commission Discussion: Chair Thomas asked if street improvements could be incorporated as a condition to the project. Mr. Hunter responded that it is not a street, but rather, an access easement. A condition has been included which addresses what will happen in the future if there is a need for a dedication, as determined by the City Engineer. The access easement will be improved to the requirements of the Fire Department in that it will be an all-weather, 20 foot wide access road. Commissioner Castaneda inquired if a condition could be made directing the applicant to incorporate landscaping improvements on the northerly property that abuts Main Street. Elizabeth Hull, Deputy City Attorney responded that staff could take that under advisement and will look into it before this item goes to the Redevelopment Agency, and if possible and appropriate, will include a condition to that effect. 4-~( - ,. Planning Commission Minutes - 7 - August 9, 2000 Public Hearing Opened 7:45 Dale Mesley, 100 Pine Street, San Francisco, representing PG&E National Energy Group, stated that the purpose of this facility is to generate electricity to meet peak load periods during the summer. It is anticipated that it will operate a maximum of 16 hours a day from June through October. The other reason for the facility is to support the transmission and distribution system. With an increase in electric use, the transmission lines become over-loaded and to alleviate that, you either need to add more transmission lines, or you can add localized generation to offset that need, which is what this facility is intended for. It is also intended to provide voltage support to the system because when the system becomes overloaded, the voltage starts to diminish and can actually cause brown-outs. The criteria for siting these facilities are that it be located inside the load center as close to a substation as possible and as close to a high pressure natural gas line, which are met for this proposal. All regulatory requirements must be met, and this project requires an Air Pollution Control authorization to construct, which has been issued by the APCD. This facility is not required to be licensed by the Energy Commission as their threshold is 50 megawatts and above; this facility will be approximately 44 megawatts. Noise and run-off water are the two major environmental issues that have been identified. The river basin supports several sensitive species and the OVRP Plan contains guidelines indicating that noise levels shall not exceed 60 dba at the property line. The applicant intends to fully adhere to these standards. As it relates to air emissions, the facility would utilize state-of-the-art technology known as Best Available Control Technology. This facility will be the cleanest plant of its type in the State of California. As previously stated, this will be an unmanned facility and they will have inspector s going from site to site inspecting other facilities throughout San Diego County to ensure that everything is working properly. During the peak season, the inspections take place every day; during the off- season they occur 2 to 3 times per week. As it relates to storm run-off, the site is sloped to the south and currently drains into the river bottom. This is proposed to continue, with grading directing run-off into a catch basin at the southwest corner, which will go through a filtering system. The transformer contains approximately 15,000 gallons of transformer oil, which could potentially leak or break if an earthquake were to occur, therefore, the containment area is design to contain 150% of the oil with a back-up containment basin. If there is oil or contamination within the containment, a pump truck would be called in and it would be cleaned out according to DEH procedures. When there is a rainstorm and the containment area is filled with rain water that is released into the catch basins, the procedures from DEH are that it be inspected and if it is clear, it can then be released, but if you are releasing to the river bottom you need to take a sample and have it tested. They plan to modify the design so that the secondary containment go into the sewer system. 4 -d d..- - .. Planning Commission Minutes - 8 - August 9, 2000 Public Hearing Closed 8:05. MSC (Willett/O'Neill) (6-0-1-0) that the Planning Commission adopt the resolution recommending that the Redevelopment Agency adopt the Mitigated Negative Declaration and approve the Special Use Permit in accordance with the Redevelopment Agency Resolution based on the findings of fact and subject to the conditions contained therein. Motion carried. 5. PUBLIC HEARING: PCS-00-03; Tentative Subdivision Map knows as Eastlake Trails North Chula Vista Tract 00-03 for a 207 lot subdivision on 30.6 acres at the southeast corner of Otay lakes Road and Hunte Parkway. Eastlake Company. Background: Jeff Steichen, Associate Planner reported that the applicant submitted a request for approval of a Tentative Subdivision Map within the Eastlake Trails Master Planned Community. The project site is 30.6 acres and is located at the southeast corner of Otay Lakes Road and Hunte Parkway. The proposal is to subdivide the site into 207 single family and 4 open space lots. To the north, across Otay Lakes Road is the future site of Eastlake Woods, which is part of the Eastlake III development currently being planned. To the west, across Hunte Parkway is the existing Eastlake Greens development. To the south and east, is the remaining portion of Eastlake Trails, most of which was recently developed. On May 4, 1999, the City Council approved the Master Tentative Map for the entire Eastlake Trails development. This Map created 749 individual single family lots as well as 4 super lots. The 4 super lots will add an additional 394 units for a total of 1,143 units. The first of the two super lots (TS-7 and TN-7) will be developed with multi-family products. TS-7 is currently being developed for 96 condominium unts and TN-7 will accommodate 90 future multi-family units. The remaining two super lots are identified as parcels as TN-5 and TN-6. These two parcels together constitutes the project site earmarked for a total of 207 of the 394 additional units anticipated by the Master Tentative Map. The Site Utilization Plan for Eastlake Trails identifies the area in proximity to the project as Parcel R-4. This entire parcel is targeted to accommodate 533 units. The project site is a portion of Parcel R-4 and it proposes 207 units, which when added to the 325 units previous approved, adds up to just 1 less than the 533 target units, thus the proposed Tentative Map is consistent with the Site Utilization Plan. Staff Recommendation: That the Planning Commission approve Resolution PCS-00-03 recommending that the City Council approve Tentative Subdivision Map Chula Vista Tract 00-03 in accordance with the City Council Resolution. MSC (Willett/Thomas) (6-0-1-0) That the Planning Commission approve Resolution PCS-00-03 recommending that the City Council approve Tentative Subdivision Map Chula Vista Tract 00- 03 in accordance with the City Council Resolution. Motion carried. 4- d- 3 - ,. PG&E D;sversed GeneraNon LLC Peak Load Power Plant Mitigated Negative Declaration ATTACHMENT 4 PROJECT NAME: PEAK LOAD POWER PLANT PROJECf LOCATION: 3497 Main Street, Chula Vista, CA ASSESSOR'S PARCEL NO.: 629-06-204 PROJECT APPLICANT: PG&E Dispersed Generation, LLC CASE NO.: IS-00-39 DATE: June 23, 2000 (Revised 7/20/00 to reflect comments trom RCC meeting of 7/17/00) A. PROJECT SETTING The project site is located at 3497 Main Street in the City of Chula Vista, CA. The property consists of one legal parcel (APN 629-062-04-00) that has no frontage on Main Street. The property is approximately 835 feet south of Main Street. A 20':!: private easement road provides access to the site. The road is partially paved. On-Site Land Use The site is culTently used as an operation and storage site hy three small businesses - a house moving equipment company, a sandblasting equipment company, and an auto towing company. Structures on-site include (1) a high-bay steel garage 43' x 14' x 18' rugh, (2) a 10' x 10' office/toilet building, and (3) a small 10' x 15' x 9 high portahle, wooden office building on the southern portion of the property. A security fence sulTounds the property. The entire site has been graded and some areas improved with pea gravel or coarse sand. The southern portion of the site bas been f¡]led with imported soils. The site drains to the south into the Otay River, and to the west into" drainage swale that empties into the Otay River. A 20':!: sewer easement crosses the northern end of the site. A covered manhole is located near the western property line. Water from the Sweetwater Authority is available in the access road a few feet south of Main Street. A north-south 69 kV power line is located along the eastern property line. SulTounding Land Uses The properties to the north and east are occupied by auto storage and wrecking yards. The property to the west is vacant, but was previously used as a trailer storage yard. The SUlTounding area south of Main Street is characterized by similar auto storage and dismantling activities. A single-family home residential area is located across the vacant lot to the west. The Otay River is located along the property's southern boundary. B. PROJECT DESCRIPTION The planned facility would consist of one natural gas twinpak combustion turbine, gas compressor, electrical generator, and associated equipment. An underground gas pipeline in the access road would cOlmect to the existing gas pipeline in Main Street. No fuel would be stored on site. The site is not proposed to be paved. The air-cooled gas turbine (approximately 70 feet in length, 15 feet wide and 11 feet high) would be within an enclosure 100 feet in width, 80 feet long and 25 feet high. Water use would be limited to on-site domestic use, inlet chilling and combustor water injection (if utilized). Small cooling towers would be required for the inlet chilling system. The turbine would be fitted with air pollution control equipment, noise suppression devices and exhaust stack. The Selective Catalytic Reduction (SCR) air pollution control equipment would use ammonia injection and be approximately 70 feet in length, 35 feet wide and 40 feet high. The exhaust stack would be 15 wide, 20 long and 45 feet high. A nuisance fluid (turbine and gear box seepage) collection system 1 4 -.::2 cf 06/23/00 - ,. PG&E D;sversed Genera,;on LLC Peak Load Power Plant and storage vault would be located within the turbine enclosure. The fluids would be removed by a licensed disposal fmn on an as-needed basis. An on-site electrical substation would transfonn the electric output to 69,000 volts. The facility would tap into the existing 69,000-volt line along the eastern edge of the site. This overhead 69,000-volt transmission line may require upgrading with larger, higher capacity, wires. If required, San Diego Gas and Electric would be responsible for the re-wiring. The facility would be unmanned and remotely operated by PG&E Dispersed Generating Company control center personnel. PG&E DG personnel or a local subcontractor would routinely inspect, service and maintain the facility. It is anticipated that operating and maintenance personnel would visit the facility 2 to 3 times per week. Vehicular traffic would be limited to operating and maintenance vehicles. Major overhauls of the turbine generators and pollution control equipment would occur every two years and require 2 to 3 weeks to complete by a crew of 10 to 15 technicians. GradinQ and Drainage The project site is a graded pad adjacent to the atay River. Finish grading required for the project involves 2,578 cu.yds of earthwork. The maximum cut slope height would be four feet at the project site entrance. Existing on-site drainage pattern flows southerly to the property line and westerly into a drainage swale that empties into the atay River. The existing drainage swale is part of the City of Chula Vista stonn drain system that conveys runoff from north of Main Street to the atay River. This stonn drain system would remain in its current condition with no alterations. The proposed grading would direct surface runoff to a catch basin with a built-in filtration system in the southwest corner of the site. An 18-inch RCP stonn drain would convey surface runoff to a headwall and energy dissipator located in an existing drainage swale inunediately southwest of the project site. Development of the site would result in a negligible increase in the rate of surface runoff. The site would not be paved with impervious sunaces. Stonnwater ManaQement The facility will have two containment areas and a containment pond to minimize the potential release of non- stann water materials (transfonner oil, aqueous ammonia) into the atay River. The aqueous ammonia tank and electrical switchyard containment areas would be sized to hold 150% of the tank volume of ammonia and electrical transfonner oil, respectively. The containment areas would also be sized to hold 150% of the rainfall falling within a containment area during a 100-year stonn event. The switchyard facility, containing transfonners filled with non-PCB oil, would be surrounded by a containment dike. In the event that an oil leak occurs, all oil would be contained within the diked area. The 12,000-gallon aqueous ammonia tank would also be enclosed within a containment dike. In the event of an ammonia tank leak, all ammonia would be contained within the diked area. The plant operatorlmaintenance personnel would inspect the containment areas during their nonnal plant inspections. In the event of an oil or ammonia leak, the containment basins would be pumped out and disposed of as required County of San Diego Departtnent of Environmental Health (DEH) and Regional Water Quality Control Board (RWQCB) regulations. The switchyard and ammonia tank containment areas would be connected to a containment pond designed to prevent the release of non-stonn water materials into the stann water drain system. The plant operator/maintenance personnel would inspect the switchyard and aqueous ammonia containment areas during and after rainstonns. If oil or ammonia are not present, the stonn water in the containment areas would be released into the containment pond. Stonn water collected in the diked containment areas would be pumped into a tank truck forremoval from the site as required by City, DEH, and RWQCB regulations. After stonn water is transferred to the containment pond it would be inspected a second time for oil, ammonia or other contaminants. If none are present, the operator/maintenance personnel would open the valves releasing the stonn water into the sewer system. If contaminants are present, the containment pond would be pumped out and the materials disposed of as required by City, DEH, and RWQCB regulations 4 -dS- 2 06/23/00 - ,. PG&E DisDersed GeneratiDn LLC Peak Load Power Plan! The facility will be required to obtain a State Industrial Activities Stonn Water General Pennit as required by Federal Regulations (40CFR, Parts 122,123, and 124) that implement the Clean Water Act of 1987. The goal of the penn it is to reduce or eliminate stonnwater pollution and other impacts to surface waters from industrial sites. The stonnwater pennit requires operators of industrial facilities to develop a Stormwater Pollution Prevention (SWPP) Plan. The Plan would identify existing and potential sources of stonnwater pollution, and describe how the tàcility would reduce or eliminate the potential for stonnwater pollution. 111e SWWPP Plan would outline the facilities stonnwater contaminant assessment (high quantities of suspended solids). The plan would display a stonnwater site map identifying drainage pattenlS, discharge structures and points, paved areas and buildings, areas of pollutant contact, and areas with soil erosion potential. The plan would include Best Management Practices (BMP's) to reduce the potential for stonnwater pollution that include good housekeeping, preventive maintenance, spilJ clean-up procedures. stonnwater flow control features, and employee training. 111e plan would identify practices and facility features designed to control ponution at its source. Another requirement is the development and implementation of a stomlwater-monitoring plan in conjunction with the SWPP plan. PG&E Dispersed Generating Company would work closely with the Regional Water Quality Control Board (RWQCB) to detennine BMP's and identify the most effective way to design features to control potential stonn water contamination. C. COMPLIANCE WITH ZONING AND PLANS The facility is designed to be consistent with an governmental codes and regulations, including the Chula Vista IL industrial zone, conditions that may be included in the Conditional Use Pennit, the conditions of the San Diego Air Pollution Control District Authority to Construct and Pennit to Operate, and San Diego County Department of Environmental Health Pennit for the ammonia storage tank. D. IDENTIFICA nON OF ENVIRONMENTAL EFFECTS An Initial Study conducted by the City of Chula Vista (including the attached Environmental Checklist fonn) detennined that the proposed project will have significant environmental biological resources and noise effects that can be mitigated to a less than significant level, and the preparation of an Environmental Impact Report will not be required. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. Biol02ical Resources The project site was surveyed by Vincent N. Scheidt, biological consultant, on March 21 and April 29, 2000. The site and adjacent areas were surveyed each day, with particular attention given to areas where riparian birds were most likely to be found. The site is devoid of vegetation except for exotic plant material located in the drainage swale along the western property boundary. No animal species are present on-site. The site has not served as a wildlife dispersal corridor because the property has been fenced for several years. The area inunediately south of the project site is a heavily vegetated riparian habitat associated with the Otay River. The Otay Valley Regional Park Concept Plan and the City of Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan identifies the adjacent area as "open spacelpreserve area." Riparian woodland vegetation is present inunediately beyond the southern fence line of the property. Indicators in this habitat include Black and Arroyo Willow (Sala gooddingii, S. lasiolepis), Mule Fat (Baccharis glutinosa), San Diego Marsh Elder (Iva hayesiana), American Bulrush (Scirpus olneyi), and Cattails (Typha loti/alia). Also present in and along the periphery of the riparian area are noxious and weedy species, including Castor Bean (Ricinus communis), Tamarisk (Tamara), Giant Wild Reed (Arundo donax), Indian Rice Grass (Oryzopsis miliacea), and others. These have degraded the riparian habitat to a degree, although this wetland is still of regional significance to area wildlife. The only animals associated with the project site itself are locally cornman species, such as Housefmch (Carpodacus mexicanus), English Sparrows (Passer domesticus), House Mouse (Mus musculus), Western Fence Lizards (Sceloporus occidentalis) and other vertebrates that are tolerant of or dependent upon development. The riparian area, however, supports a diversity of native species, including Song Sparrows (Melospiza melodia), Yellow Warblers (Dendraica petechia), Least Bell's Vireos (Vireo bellii pusillus), and others. 4-;¿Co 3 06123100 - .. PG&E Ð;sDersed Generahon LLC Peak Load Power Plant Utilization of the site will have no direct, adverse impacts to area wildlife or sensitive species. Only insignificant impacts, as defmed by CEQA, to locally common species and weeds will result from site development. However, indirect impacts are considered potentially adverse and significan~ as defmed by CEQA. A number of obligate riparian songbirds were detected during the surveys for this report, including several sensitive species, and others are anticipated to OCcur in this area. These species could be adversely affected by noise created by the construction of the proposed power generating facility. Mitigation measures listed in the attached Mitigation Monitoring and Reporting Program would reduce the potential impacts to a less than significant level. Noise Noise sources associated with the proposed project can be identified within three categories: (1) construction noise; (2) mobile noise sources, generally consisting of noise from cars and trucks; and (3) stationary mechanical equipment operation. The Chula Vista Municipal Code exempts construction and demolition activities from its exterior noise level limitations. However, most municipalities consider construction activities on Sunday or Nighttime as intrusive. Construction noise will usually exceed typical background noise levels but will generally be for a short term and will generally Occur during daytime hours on weekdays and Saturdays. Mobile noise sources after construction is completed will consist of operations and maintenance vehicles that will contribute negligible overall noise to the area and will not further be considered. Noise from the stationary mechanical equipment will come from five dominant sources: . The two separate engine air intakes and single turbine exhaust. Full acoustic data is not currently available for these engines; however, initial engineering estimates are for each of these three openings generate about 140 dB(A) directly at the opening. . Direct noise radiation from the equipment, a currently unknown sound level, is estimoted to be a maximum of 105 to 115 dB(A). . The high pressure reciprocating natural gas compressor is estimated to operate at 100 dB(A) at a distance of 10 feet from the unit. This is based on data taken at other natural gas compressors. The manufacturer will supply actual data at the time of unit specification. . The high volume air blower for generator cooling is estimated it to operate at 100 dB(A) at intake and exhaust openings. Full acoustic data is not currently available for the blower. . Noise data for the absorption chillers and pumps, to be located inside the turbine enclosure, is not currently available. The manufacturer will supply sound data at the time of unit specification. The stationary mechanical equipment could produce noise levels as high as 130 dB(A) at the property line if noise control measures are not included in the plant design. Precise noise data for each component in the plant is not available at this time because specific pieces of equipment to be installed have not been selected. Consequently, it is not possible to provide a fmal noise control system design at this time. A variety of conventional noise reduction tecbniques would be included in the plant design. Noise reduction techniques would be installed, as needed, to reduce noise levels to 60 dB at the property line. Noise reduction techniques that would be utilized have noise reduction characteristic as follows: Technioue Noise Reduction In Line Silencer 2 to 5 dB per foot Louvers 10 to 20 dB per unit Lined Right Angle Turns in Ducts 4 to 8 dB per turn Lined Covers at InletlExhaust 4 to 8 dB (one per unit) Noise Containment Walls 6 to 18 dB per unit cf-d.- 7 4 06123/00 - - 07/29/00 SAT 13: 11 FAX 925 672 7504 Dale E. Mesp I I4J 004 Jul-28-00 10:46P A_D_HINSHAW ASSOC- 619 280 1637 P-O3 I'~~!!!I~~C -- I'.ck'.oad I'cwo'?'a,,! /'/0"" Tlt. actM! vaWes almond re<Úu;rion an:l"'l'æTIC)' and "'Iii tlep""dcnl. T1I~c valu,," are intmd,,{ Im(v tIC, <III a",,\';"w of«pabilitic<. As = be =n from the above lis~ 20 feet "f silence< at 3 dB per fO<Jl (60 dB) plus (WO righl angle '= (6 dB I lum). . loova- (15 dß). and a cover (6 dB). p"wide.appro~imolcly 93 dB ",ducrion in ]]oi$O. Therefore. noise from caehoflW" combustion engine inlets at 140 dß(A) should be reduced to 47 dB(A). While this i'rcblively qWe~ it sbould be noted dlal i[.IIafd,e individual noise gmerating ("'Dponents are >ummed afu:rrcducrion to IUJ equivaknl lev.! for the five kllov.:n listed noise itlJerating eO1T1 >Oncnls listed above, the sum of dle no"," would equal almost 57 dB(A). 'fhi, analysis is 1101 intended a., . fin.l description of techniqlles fnr this I'roje<L The final """lysis would include 'pecific deraiJs incll1ð,ingfull fu:q\lency alUllysi5 for each sysrem eomp<>nent. Portions of !he project require spocial cousid"",tion f"f the noise mitigativn system,. These include: . The 9OQ--degnoe (Fahrenheit) sY>ttm exl",';,t. This will requite silencing SYSlem.< designed to om"" ongoing sy<tem fnnetionality. . Tho hi£h-prcssuro nao11:11 g.. e<>l!l JroiSOr. The .5= of Califomio ImIndares open-air ventilJtion requirem",,!>; Ibese must be maintained by Ihe noise quic1ing system. A si>:-stq> miTigariQn pro~ ¡,.,. been praparM thaI asS\1Ce5 compliance with the City of Chul. Vis.. Noise Ordinance ""mdards and the 60 dB(A) guideline CQlHained in tho City of Chub Vis", draft MSCI' Sub.:1rca Plan. Th. six-skI' mirigatioo rrogmll is contained in Ill. .<bched Noise Mitigation and M"nitoring ProGram. A flfu,1 ,et ofmiligl"ion me,ISU"" ",ill b. fconmulaled dul;ng lite' design aod consl11Jcrion rhase '0 odd...., pred,e I1<.>ise datI lrom each componeDr picco of equipmenr to I>c ÍI151.lIed. Tm~IcInCnlllli')1I of the specific no;« attenuation mirigari'>n ¡rrogrdttl would rcdu"" noise imracts 10 60 <ID(A) at thc propeny line .",j "",..,.1t in a 1= mao significant level ofuoi.. impact. E. MJTIc;ATfON NECF.<:;SARVTO Avpm Src;NrFIC.}N.T JMPACTS Ptoject-specifie mitigation UJe<!Sures arc "'quit"" to reduce polential environm"",a! impact< idrntified in t11< Tnitial Study 10 . Ie" than .ignificant level. 111e mitig.tion measures ...ill be made a eondi,i= of apT'","aJ, as wcU .. r<:< lIiremeol< of the .""cited Mitigation Munitoring and Reporting Progr:uJ1 (AlTaehmen, "A'ì. T agree to implem<nt the mitigation m",,-,ure, requitt:d as st;J<eò in the Mitigati"ß Monitoring aDd Rc¡>ortÍJ1g ~~ '" .. M',...... """".. D<""O"o . . ./f.4¡",r.iL ¡IJ - ~ Name, Title Date 5 4 -;¿?; (}6I2J1OO - - PG&E D;sDersed Generation LLC Peak Load Power Plant F. CONSULTATION 1. City of Chula Vista: Bryon Estes, Redevelopment Coordinator Miguel Tapia, Senior Community Development Specialist Benjamin Guerrero, Environmental Projects Manager Marilyn R. F. Ponseggi, Environmental Review Coordinator Captain Edward Thomas, Fire Marshall Samir Nuhaily, Engineering Department Beverly Blessent, Planning Division Ralph Leyva, Engineering Department MJ. Donnelly, Engineering Department Scott Harris, Plans Examiner Elizabeth W. Hull, Deputy City Attorney Applicant's Agent: Dale Mesplé. Biological Consultant Vincent N. Scheidt (Douglas Eilar and Associates) Acoustician Charles Terry (Douglas Eilar and Associates) 2. Documents Chula Vista General Plan (1989) and EIR (1989) Title 19, Chula Vista Municipal Code Biological Survey Report, (May 2000) Vincent N. Scheidt, Biological Consultant Noise Impact Analysis, (May 24, 2000) Douglas Eiler & Associates, Env'l & Acoustical Consultants G. INITIAL STUDY This environmental detennination is based on the attached Initial Study, any comments received on the Initial Study and any comments received during the public review period for this negative declaration. The report reflects the independent judgement of the City of Chula Vista. Further infonnation regarding the environmental review of this project is available from the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 91910. g~ (Ç,-<--=s- 00 Date: Brian Hunter Planning & Environmental Manager, CD 4-29 6 06/23/00 - - Case No.IS-OO-39 ENVIRONMENTAL CHECKLIST FORM 1. Name of Proponent: PG&E Dispersed Generation, LLC 2. Lead Agency Name and Address: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 3. Address and Phone Number of Proponent: 100 Pine St., Ste. 2860 San Francisco, CA 94111 (415) 675-6472 4. Name of Proposal: Peak Load Electrical Power Plant 5. Date of Checklist: June 23, 2000 (Revised 7/20/0000 reflect comments from RCC meeting of 7/17/00) Po"nliaO, Pnt..ria!I, Signifiant """"n Si",ifianl Unl= S",,"fian< No 1m,." "iii""" 1m,." 1m,." 1. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? 0 0 0 ø b) Conflict with applicable environmental plans or 0 0 0 ø policies adopted by agencies with jurisdiction over the project? c) Affect agricultural resources or operations (e.g., 0 0 0 ø impacts to soils or fannlands, or impacts from incompatible land uses)? d) Disrupt or divide the physical arrangement of an 0 0 0 ø established community (including a low-income or minority community)? Comments: The project site is located at 3497 Main Street in the City of Chula Vista, CA. The property consists of one legal parcel (APN 629-062-04-00) that has no frontage on Main Street. The property is approximately 835 feet south of Main Street. A 20'i: private easement road provides access to the site. The road is partially paved. On-Site Land Use Th~ site is currently used as an operation and storage site by three small businesses - a house moving equipment company, a sandblasting equipment company, and an auto towing company. Structures on-site include (1) a high-bay steel garage 43' x 14' x 18' high, (2) a 10' x 10' office/toilet building, and (3) a small 10' x 15' x 9 high portable, wooden office building on the southern portion of the property. A security fence surrounds the property. 4-3b 1 7/20/00 - - P.!..<iaUy Pot..!bUy S;gnifioot 1.="". S;gull","'! Uol~ Signifio.! N. 1m.." Miti,.!", Im.." 1m.." portion of the site has been filled with imported soils. The site drains to the south into the Otay River, and to the west into a drainage swale that empties into the Otay River. A 20':!: sewer easement crosses the northern end of the site. A manhole is located near the western property line. Water ITom the Sweetwater Authority is available in the access road a few feet south of Main Street. A north south 69 kV power line is located along the eastern property line. Surrounding Land Uses The properties to the north and east are occupied by auto storage and wrecking yards. The property to the west is vacant, but was previously used as a trailer storage yard. The surrounding area south of Main Street is characterized by similar auto storage and dismantling activities. A single-family home residential area is located across the vacant lot to the west. The Otay River is located along the property's southern boundary. Proiect Description The facility is designed to be consistent with all governmental codes and regu]ations, including the Chula Vista IL industrial zone, conditions that may be included in the Conditional Use Pennit, the conditions of the San Diego Air Pollution Control District Authority to Construct and Pennit to Operate, and San Diego County Department of Environmental Health Pennit for the ammonia storage tank. The planned facility would consist of one natura] gas twinpak combustion turbine, gas compressor, electrical generator, and associated equipment. An underground gas pipeline in the access road would connect to the existing gas pipeline in Main Street. No fuel would be stored on site. The site is not proposed to be paved. The air-cooled gas turbine (approximately 70 feet in length, 15 feet wide and I I feet high) would be within an enclosure ]00 feet in width, 80 feet long and 25 feet high. Water use would be limited to on-site domestic use, inlet chilling and combustor water injection (if utilized). Small cooling towers would be required for the inlet chilling system. The turbine would be fitted with air pollution control equipment, noise suppression devices and exhaust stack. The Selective Catalytic Reduction (SCR) air pollution control equipment would use arnmonia injection and be approximately 70 feet in length, 35 feet wide and 40 feet high. The exhaust stack would be 15 wide, 20 long and 45 feet high. An on-site electrical substation would transfonn the electric output to 69,000 volts. The facility would tap into the existing 69,000-volt line along the eastern edge of the site. This overhead 69,000-volt transmission line may require upgrading with larger, higher capacity, wires. If required, San Diego Gas and Electric would be responsible for the re-wiring. The facility would be unmanned and remotely operated by PG&E Dispersed Generating Company (pG&E DG) control center personnel. PG&E DG personnel or a local subcontractor would routinely inspect, service and maintain the facility. It is anticipated that operating and maintenance personnel would visit the facility 2 to 3 times per week. Vehicular traffic would be limited to operating and maintenance vehicles. Major overhauls of the turbine generators and pollution control equipment would occur every two years and require 2 to 3 weeks to complete by a crew of 10 to 15 technicians. II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local 0 0 0 181 population projections? 2 Lf-3! 7/20/00 . ,. Pot,"~lly Potwt~lly S¡"nifk,," [.."than "....""nt Val"" Sign¡¡-""" No Impact >fitig"'" Impact Impact b) 1nduce substantial growth in an area either 0 0 0 0 directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable 0 0 0 0 housing? Comments: Implementation of the project would 'not create any additional employment opportunities or housing units in the area. The facility would be unmanned and remotely operated by PG&E DG control center personne1. There are no housing units located on the property. No significant population or housing impacts would result fTom construction and operation of the facility. III. GEOPHYSICAL. Would the proposal result in or expose people to potential impacts involving: a) Unstable earth conditions or changes in geologic 0 0 0 0 substructures? b) Disruptions, displacements, compaction or 0 0 0 0 overcovering of the soil? c) Change in topography or ground surface relief 0 0 0 0 features? d) The destruction, covering or modification of any 0 0 0 0 unique geologic or physical features? e) Any increase in wind or water erosion of soils, 0 0 0 0 either on or off the site? t) Changes in deposition or erosion of beach sands, 0 0 0 0 or changes in siltation, deposition or erosion which may modifY the channel of a river or stream or the bed of the ocean ot any bay inlet or lake? g) Exposure of people or property to geologic 0 0 0 0 hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? Comments: The site is underlain with stream-terrace deposits (QT) that occur locally as a thin veneer along larger drainage courses. The deposits include unconsolidated sand and gravel derived locally fTom the sedimentary, igneous, and metamorphic rocks of the area. The southern portion of the site has been filled with material fTom an unknown source. The site has been graded to a level pad. The soils on the site consist ofHuerhuero loam (HrC) with a 2-9% slope. These soils are noted as having a very slow infiltration rate when thoroughly wetted, consisting chiefly of (I) clay soils with a high swelling potential, (2) soils with a high permanent water table, (3) soils with claypan or clay layer at or 3 L/ -32 7120/00 - - P",..'ially P"'~'ially S~""., L= tJwo Sign"""., UnI= S",nif~, N. 1m"", Mi'""", 1m"", 1m"", near the surface, and (4) shallow soils over nearly impervious materials. These soils are also rated as having a moderate erosion hazard. Gradin~ and Draina~e The project site is a graded pad adjacent to the Otay River. Finish grading required for the project involves 2,578 cu.yds of earthwork. The maximum cut slope height would be four feet at the project site entrance. The existing on-site drainage pattern is to the southern property line and the Otay River and to the west where runoff flows from the property into the Otay River. The existing drainage swale is part of the City ofChula Vista stonn drain system that conveys runoff from north of Main Street to the Otay River. The existing stonn drain system would remain in its current condition with no alterations. The proposed grading would direct surface runoff to a catch basin with a built-in filtration system in the southwest comer of the site. An IS-inch RCP stonn drain would convey surface runoff to a headwall and energy dissipator located in an existing drainage swale immediately southwest of the project site. Development of the site would result in a negligible increase in the rate of surface runoff. The site would not be paved with impervious surfaces. No significant impacts to water resources have been identified and no mitigation measures are required. No significant geophysical impacts would result from the construction and operation of the plant. The Engineering Department as a standard requirement of grading permit approval would require a soils report and compliance with the applicable recommendations. Source: Michael P. Kennedy and Siang S. Tan, Geolo"" of National City Imperial Beach and Otav Mesa OuadraneJes Southern San Diego Metropolitan Area California, 1977 Source: U.S. Department of Agriculture, Soil Conservation Service, Soil Survev San Die~o Area California, December 1973. IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, 0 0 II! 0 or the rate and amount of surface runoff? b) Exposure of people or property to water related 0 0 0 II! hazards such as flooding or tidal waves? c) Discharge into surface waters or other alteration 0 0 II! 0 of surface water quality (e.g., temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any 0 0 0 II! water body? e) Changes in currents, or the course of direction of 0 0 0 II! water movements, in either marine or fresh waters? t) Change in the quantity of ground waters, either 0 0 0 II! through direct additions or withdrawals, or through interception of an aquifer by cuts or 4 4-33 7120/00 . - P"','~Uy Pnt""~Uy Signifiant 1.=.",. Signifia., 0.1= SI..ifiant N. Im",ct Milign"" Im",ct ImpRct excavations? g) Altered direction or rate of flow of groundwater? 0 0 0 ø h) Impacts to groundwater quality? 0 0 0 ø i) Alterations to the course or flow of flood waters? 0 0 0 ø j) Substantial reduction in the amount of water 0 0 0 ø otherwise available for public water supplies? Comments: The only portions of the site that would be paved are the turbine and equipment enclosure and the electrical substation. The paved area would include approximately 14,000 sq. ft. (8-percent of the 3.g-acre site). A negligible increase in the rate and volume of runoff would occur as a result of the proposed development. . The existing drainage pattern would be maintained (see Section I above). Development of the project would result in a less than significant increase in the rate and volume of surface runoff. The containment system described in Section I above would reduce the potential for contaminants in the stonn water runoff to a less than significant level. The Federal Emergency Management Administration (FEMA) floodplain maps show the site as being within a 1O0-year floodplain. However, the FEMA maps were prepared prior to the filling of the site that occuITed several years ago. The FEMA maps indicate the 1 DO-year floodplain level at the site is 44 feet Above Mean Sea Level (AMSL). However, the site has been filled to a minimum elevation of 55 feet AMSL. Thus, the site is 10 to 1 I feet above the 100-year floodplain level. The project would result in a less than significant impact to the Otay River valley floodplain and downstream waters. No groundwater extraction is proposed. The containment system described in Section I above would reduce the potential for groundwater contamination to a less than significant level. Stonnwater Mana!!ement The facility will have two containment areas and a containment pond to minimize the potential release of non-stonn water materials (transfonner oil, aqueous ammonia) into the Otay River. The aqueous ammonia tank and electrical switchyard containment areas would be sized to hold 150% of the tank volume of ammonia and electrical transfonner oil, respectively. The containment areas will also be sized to hold 150% of the rainfall falling within a containment area during a 100-year stonn event. The switchyard facility, containing transfonners filled with non-PCB oil, would be sU1Tounded by a containment dike. In the event that an oil leak occurs, all oil would be contained within the diked area. The 12,000-gallon aqueous ammonia tank would also be enclosed within a containment dike. In the event of an ammonia tank leak, all ammonia would be contained within the diked area. The plant operator/maintenance personnel would inspect the containment areas during their nonnal plant inspections. In the event of an oil or ammonia leak, the containment basins would be pumped out and disposed of as required County of San Diego Department of Environmental Health (DEH) and Regional Water Quality Control Board (RWQCB) regulations. The switchyard and ammonia tank containment areas would be connected to a containment pond designed to prevent the release of non-stonn water materials into the stonn water drain system. The plant operator/maintenance personnel would inspect the switchyard and aqueous ammonia containment areas during and after rainstonns. Stonn water collected in the diked containment areas would be pumped into a tank truck for removal from the site as required by City, DEH, and RWQCB regulations. If oil or ammonia are not present, the stonn water in the containment areas would be released into the containment 5 4-3</ 7/20/00 - .. Pot'nt~U, Po"nt~U, Signifl",nl ¡..,.tI"" Si,nifi"," UnI", 5"ognñ~nl No Imp," Mil""'" 1m"", 1m"," pond. After storm water is transferred to the containment pond it would be inspected a second time for oil, ammonia or other contaminants. If none are present, the operator/maintenance personnel would open the valves releasing the storm water into the sewer system. If contaminants are present, the containment pond would be pumped out and the materials disposed of as required by City, DEH, and RWQCB regulations. Back up warning devices on the valves will warn operators if the valves are inadvertently left open. The facility will be required to obtain a State Industrial Activities Storm Water General Permit as required by Federal Regulations (40CFR, Parts 122,123, and 124) that implement the Clean Water Act of 1987. The goal of the permit is to reduce or eliminate stormwater pollution and other impacts to surface waters ¡¡-om industrial sites. The stormwater permit requires operators of industrial facilities to develop a Stormwater Pollution Prevention (SWPP) Plan. The' Plan would identify existing and potential sources of storm water pollution, and describe how the facility would reduce or eliminate the potential for stormwater pollution. The SWWPP Plan would outline the facilities stormwater contaminant assessment (high quantities of suspended solids). The plan would display a storm water site map identifying drainage patterns, discharge structures and points, paved areas and buildings, areas of pollutant contact, and areas with soil erosion potential. The plan would include Best Management Practices (BMP's) to reduce the potenrial for storm water pollution that include good housekeeping, preventive maintenance. spill clean-up procedures. stormwater flow control features, and employee training. The plan would identify practices and facility features designed to control pollution at its source. Another requirement is the development and implementation of a stormwater-monitoring plan in conjunction with the SWPP plan. PG&E Dispersed Generating Company would work closely with the Regional Water Quality Control Board (RWQCB) to determine BMF's and identify the most effective way to design features to control potential storm water contamll1atlOn. V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to 0 0 0 ! an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? 0 0 0 ! c) Alter air movement, moisture, or temperature, or 0 0 0 ! cause any change in climate, either locally or regionally? d) Create objectionable odors? 0 0 0 ! e) Create a substantial increase in stationary or non- 0 0 0 ! stationary sources of air emissions or the deterioration of ambient air quality? Comments: The power plant consists of a simple cycle, natural gas-fired turbine operating at not more than 15,600 BtulkW-hrwith a net output not greater than 49.5 MW and heat input of 764.4 MMBtu/hr. The turbine would operate not more than 15.75 hours/day and not more than 4,980 hours/year. Startup and shutdown of the units would be limited to ensure operation would not exceed Air Quality Impact Analysis (AQIA) threshold levels. A Selective Catalytic Reduction (SCR) unit with an ammonia injection grid would be installed for control of oxides of nitrogen (NOx) emissions. A high temperature SCR system would be used to control NOx emissions to not more that 5 ppm @ 15% 02. Ammonia slip would be limited to 10 ppm @ 15% 02. Natural gas fuing and good, efficient combustion practices would be used to minimize particulate matter (PMlO), oxides of sulfur (SOx), and volatile organic compounds 6 L/ -3S- 7/20/00 - ,. Pot,n",U, I'o<utiaUy Signi(~nt 1.= than Signifient Un!", Signif~' No 1m"", Mitig.t'" 1m"", 1m"," (VOC) emissions. Gas turbine operations would comply with Rule 69.3.1, as well as with other Air Pollution Control District (APCD) rules associated with fossil fuel fired operations. A Best Available Control Technology (BACT) evaluation was prepared in fulfillment of the current San Diego APCD Regulation II, Rules 20.1 through 20.9, New Source Review (NSR). The BACT evaluation addressed control of NO x, VOC, PMIO, S02 and NH3 emissions from the proposed turbine. Annual NOx emissions iTom the site would be below major stationary source and AQIA thresholds. The BACT Evaluation submitted to the APCD demonstrated that the proposed turbine installation would be in compliance would all applicable emission rules, and that the emissions would be below the standards established by the APCD. No significant air quality impacts would result iTom the operation of the proposed turbine facility. Source: PG&E Dispersed Generating Comp.any, LLC, Application for Authoritv to Construct Chula Vista Power Plant Submitted to San Diego Air Oualitv Pollution Control District, January 6, 2000. VI. TRANSPORT A TION/CIRCULA TION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? 0 0 0 Ii! b) Hazards to safety from design features (e.g., 0 0 0 Ii! sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? c) Inëdequate emergency access or access to nearby 0 0 0 Ii! uses? d) Insufficient parking capacity on-site or off-site? 0 0 0 Ii! e) Hazards or barriers for pedestrians or bicyclists? 0 0 0 Ii! t) Conflicts with adopted policies supporting 0 0 0 Ii! alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? 0 0 0 Ii! h) A "large project" under the Congestion 0 0 0 Ii! Management Program? (An equivalent of 2400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips.) Comments: The facility would be unmanned and remotely operated by PG&E DG control center personne1. PG&E DG personnel or a local subcontractor would routinely inspect, service and maintain the facility. It is anticipated that operating and maintenance personnel would visit the facility 2 to 3 times per week. Vehicular traffic would be limited to operating and maintenance vehicles. Aqueous ammonia would be delivered by tanker truck as needed. During the peak operating period of May through October one to two tånker trucks per week would be required. In the winter season few, if any, deliveries would be required. Major overhauls of the turbine generators and pollution control equipment would occur every two years and require 2 to 3 weeks to complete by a crew of 10 to 15 technicians. Access to the site would be iTom Main Street via an existing access road located within a private easement. The access road would be improved as per City of Chula Vista requirements. No hazards to pedestrians or bicyclists would be created. The proposed electrical plant facility would be consistent with 7 4-3~ 7120100 . - Potmtially P""ot~lly S;g.ifi=t I.=t"'o S"ognir~ot Vol", Signifiaot No 1m,." Mlüg"", 1m,." 1m,." all local transportation policies, including parking, and would not result in impacts to rail, water, or air traffic. No significant transportation/circulation impacts would occur. VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, sensitive species, species of concern 0 ¡¡;¡ 0 0 or species that are candidates for listing? b) Locally designated species (e.g., heritage trees)? 0 0 0 ¡¡;¡ c) Locally designated natural communities (e.g., 0 0 0 0 oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian and vernal 0 0 0 ¡¡;¡ pool)? e) Wildlife dispersal or migration corridors? 0 0 0 0 t) Affect regional habitat preservation planning 0 0 0 ¡¡;¡ efforts? Comments: The site is devoid of vegetation except for exotic plant material located in the drainage swale along the western property boundary. No animal species are present on-site. The site has not served as a wildlife disperoal corridor because the property has been fenced for several yearo. The area immediately south of the project site is a heavily vegetated riparian habitat associated with the Otay River. The Otay Valley Regional Park Concept Plan and the City o;Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan identifies the adjacent area as "open space/preserve area." Vincent N. Scheidt conducted a focused biological survey of the adjacent area to the south in March and April 2000. Riparian woodland vegetation is present immediately beyond the southern fence line of the property. Indicators in this habitat include Black and ArToyo Willow (Salix gooddingii, S. lasiolepis} , Mule Fat (Baccharis glutinosa), San Diego Marsh Elder (Iva hayesiana), American Bulrush (Scirpus olneyi), and Cattails (Typha loti/alia). Also present in and along the periphery of the riparian area are noxious and weedy species, including Castor Bean (Ricinus communis), Tamarisk (Tamarix), Giant Wild Reed (Arundo donax), Indian Rice Grass (Oryzopsis miliaeea), and others. These have degraded the riparian habitat to a degree, although this wetland is sti1I of regional significance to area wildlife. The only animal species associated with the project site itself are locally common species, such as Housefinch (Carpodacus mexicanus), English Sparrows (Passer domesticus), House Mouse (Mus musculus), Western Fence Lizards (Seeloporus occidentalis) and other vertebrates that are tolerant of or dependent upon development. The riparian area, however, supports a diversity of native species, including Song Sparrows (Melospiza melodia), Yellow Warblers (Dendroica petechia), Least Bell's Vireos (Vireo bellii pusillus), and others. Utilization of the site will have no direct, adverse impacts to area wildlife or sensitive species. Only insignificant impacts, as defined by CEQA, to locally common species and weeds will result from site development. However, indirect impacts are considered potentially adverse and significant, as defined by CEQA. A number of obligate riparian songbirds were detected during the surveys for this report, including several sensitive species, and othero are anticipated to occur in this area. These species could be adversely affected by noise created by the construction of the proposed power generating facility. Mitigation measures listed in the attached Mitigation Monitoring and Reporting Program would reduce the potential 8 4- -3 7 7/20/00 - - P"""", Po..o"'., Sig."""" "","U. """""<0" UnI= "ognifiao.. No Imp", Mit"""" 1m"", 1m"," impacts to a less than significant level. Noise produced by the operation of the plant could result in adverse impacts to sensitive species occupying the riparian habitat south of the project site. An analysis of plant operation noise is contained in Section X of this Initial Study. Sources: City ofChula Vista, Otay Vallev Re?ional Park Concept Plan February 21, 1997, p. 37. City of Chula Vista, Multiole Species Conservation Pro!!ram Subarea Plan, January 4, 2000 (Administrative Draft). Scheidt, Vincent N. A Biolo!!ical Resources Survey Report for the Prooosed PG&E Disoersed Generatin!! Companv Power Generatin? Plant, May 2000. VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? 0 0 0 ø b) Use non-renewable resources in a wasteful and 0 0 0 ø inefficient manner? c) If the site is designated for mineral resource 0 0 0 ø protection, would this project impact this protection? Comments: The proposed facility is an electrical power generation plant designed to meet the local and regional electrical requirements as well as providing for regional transmission system and local distribution grid support. Providing transmission and distribution grid support as well as additional electrical capacity would enhance the reliability of electrical service to the San Diego region. The project site does not contain any known mineral resources. No significant energy or mineral resource impacts would occur and no mitigation measures are required. IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of 0 0 ø 0 hazardous substances (including, but not limited to: petroleum products, pesticides, chemicals or radiation)? b) Possible interference with an emergency 0 0 0 ø response plan or emergency evacuation plan? c) The creation of any health hazard or potential 0 0 ø 0 health hazard? d) Exposure of people to existing sources of 0 0 ø 0 potential health hazards? e) Increased fire hazard in areas with flanunable 0 0 0 ø brush, grass, or trees? 9 4- 3 8'" 7/20/00 - - Po'm,laU, PO<omiaIJy S;g.w=o, '-'" ',"0 5""""", Uol= S;g.if=o' No Im- Mi"""" Imp'" imp'" Comments: Main Street is identified as an Evacuation Route in the City's General Plan (p. 8-6). The unmanned power plant, located south of Main Street, would not result in a significant impact to the City's emergency response plan or emergency evacuation plan because the plant would not require evacuation. Traffic congestion would not occur as a result of the plant's operation and maintenance. A Hazardous Materials Business Plan would be prepared in accord with the requirements of the County Department of Environmental Health requirements. The Business Plan would identify emergency response coordination with the City's emergency responders, emergency drills, and associated training. Hazardous materials that would be used at the proposed plant include transformer oil, lubrication oil, cleaning fluids, and aqueous ammonia used in the control of NOx turbine emissions. The aqueous ammonia is the primary hazardous material of conGern for accidental release. The aqueous ammonia would be in a 19% concentration, and would be stored in a single l2,000-gallon tank. A Risk Management Plan (RMP) that identifies safety procedures, accident prevention, analysis of external events, and emergency response procedures would be submitted to the County of San Diego, Department of Environmental Health, Hazardous Materials Division for approval as required by the California Accidental Release Program (CalARP). The RMP would identify the potential effects of accidental releases and design features to minimize risk. The design features would include containment berms and secondary containment as shown on the project site plan, emergency shutdown procedures, ammonia sensors, training procedures, emergency response, and other safety procedures required by CaIARP. Preliminary modeling prepared for the project indicates no adverse health affects would be experienced under reasonable accident scenarios utilizing on-site control features required by the RMP. Final modeling results would be submitted to the County Department of Environmental Health (DEH). The DEH would issue the RMP for public review and comment; public review is anticipated to occur in July 2000. Natural gas used to fuel the turbine would be delivered to the site by an extension of the existing underground natural gas line in Main Street. Natural gas from the underground line would be injected directly into the turbine and would not be stored on-site. Automatic shutoff valves would close the gas line in the event of a plant malfunction or ground shaking activity that could allow natural gas to escape to the atmosphere. An automatically operated fire suppression system would be installed at the facility to extinguish gas or electrical fires. Flammable brush, grass, and trees are not present on-site or on the adjacent properties. The project would not result in a significant fire hazard X. NOISE. Would the proposal result in: a) Increases in existing noise levels? 0 ø 0 0 b) Exposure of people to severe noise levels? 0 ø 0 0 Comments: The project site is suITounded by industrial land uses to the north, east, and west. The adjacent area to the south, within the City of San Diego, is designated as "open spacelhabitat preserve." The nearest residential property line is 360 feet west of the project site. The City of Chula Vista MSCP Subarea Plan requires that excessively noisy uses Or activities adjacent to breeding areas, including temporary grading activities, must incorporate noise reduction measures or be curtailed during the 10 1-3f) 7/20/00 . ,. Pot".'bU, P.,".tiaU, Sigoifio.' 1.="",. S,,"ifio.t U.I= Siguifico.t N. ImP'" M;d,..", Imp'" Imp'" breeding season of sensitive bird species. The applicable noise standards are: . The City ofChula Vista Municipal. Code (§ 19.68.030) noise standard for light industrial land use areas is 70 dB during the hours of7:00 A.M. and 10:00 P.M. on weekdays (8:00 A.M. to 10:00 P.M. on weekends) and 70 dB during the hours of 10:00 P.M. and 7:00 A.M. on weekdays (10:00 P.M. to 8:00 A.M. on weekends). . The City of Chu1a Vista Municipal. Code (§ 19.68.030) noise standard for residential land use areas is 55 dB during the hours of7:00 A.M. and 10:00 P.M. on weekdays (8:00 A.M. to 10:00 P.M. on weekends) and 45 dB during the hours of 10:00 P.M. and 7:00 A.M. on weekdays (10:00 P.M. to 8:00 A.M. on weekends). . The City of Chula Vista MSCP Subarea Plan (p.64) states that, "Construction noise within 500 feet of an occupied nest for the coastal California gnatcatcher, least Bell's vireo and raptors should not exceed 60 dB during the following periods: February IS through August 15 for the coastal California gnatcatcher, March 1 through September IS for the least Bell's vireo, and December 1 through June 31 for raplors. If grading activities are proposed within 500 feet of an occupied nest identified in a pre-construction survey during the applicable breeding season(s), noise reduction techniques, such as temporary noise walls or berms, shall be incorporated into the construction plans to reduce noise levels below 60 dB Leq. Outside the bird breeding season(s), no restrictions shall be placed on temporary construction noise. Noise sources associated with the proposed project can be identified within three categories: (1) construction noise; (2) mobile noise sources, generally consisting of noise ITom cars and trucks; and (3) stationary mechanical equipment operation. The Chula Vista Municipal Code exempts construction and demolition activities ITom its exterior noise level limitations. However, most municipalities consider construction activities on Sunday or Nighttime as intrusive. Construction noise will usually exceed typical background noise levels but will generally be for a short term and will generally.occur during daytime hours on weekdays and Saturdays. Mobile noise sources after construction is completed wil1 consist of operations and maintenance vehicles that will contribute negligible overall noise to the area and will not further be considered. Noise ITom the stationary mechanical equipment wil1 come ITom five dominant sources: . The two separate engine air intakes and single turbine exhaust. Full acoustic data is not cuITently available for these engines; however, initial engineering estimates are for each of these three openings generate about 140 dB(A) directly at the opening. . Direct noise radiation from the equipment, a cuITently unknown sound level, is estimated to be a maximum of 105 to 115 dB(A). . The high pressure reciprocating natural gas compressor is estimated to operate at 100 dB (A) at a distance of 10 feet ITom the unit. This is based on data taken at other natural gas compressors. The manufacturer will supply actual data at the time of unit specification. . The high volume air blower for generator cooling is estimated it to operate at 100 dB(A) at intake and exhaust openings. Full acoustic data is not currently available for the blower. . Noise data for the absorption chillers and pumps, to be located inside the turbine enclosure, is not cuITently available. The manufacturer will supply sound data at the time of unit specification. 11 Lf-40 7120/00 . " P"""'ially P~.n'ially ".gnifkant L= 'han ","";nun, U""" "ognifk>nt Nn Impa« MiUga'od Impa« Im",,« The stationary mechanical equipment could produce noise levels as high as 130 dB(A) at the property line if noise control measures are not included in the plant design. Precise noise data for each component in the plant is not available at this time because specific pieces of equipment to be installed have not been selected. Consequently, it is not possible to provide a final noise control system design at this time. A variety of conventional noise reduction techniques would be included in the plant design. Noise reduction techniques would be installed, as needed, to reduce noise levels to 60 dB at the property line. Noise reduction techniques that would be utilized have noise reduction characteristic as follows: Technioue Noise Reduction In Line Silencer 2 to 5 dB per foot Louvers 10 t020 dB per unit Lined Right Angle Turns in Ducts 4 to 8 dB per turn Lined Covers at InletlExhaust 4to8dB(oneperunit) Noise Containment Walls 6 to 18 dB per unit Note: The actual values oJsound reduction areJrequellCY and unit dependent. These values are ill/ended only as all overview oj capabilities. As can be seen crom the above list, 20 feet of silencer at 3 dB per foot (60 dB) plus two right angle turns (6 dB / turn), a louver (IS dB), and a Cover (6 dB), provide approximately 93 dB reduction in noise. Therefore, noise crom each of two combustion engine inlets at 140 dB(A) should be reduced to 47 dB(A). While this is relatively quiet, it should be noted that if all of the individual noise generating components are summed after reduction to an equivalent level for the five known listed noise generating components listed above, the sum of the noise would equal almost 57 dB(A). This analysis is not intended as a fmal d,-scription of techniques for this project. The final analysis would include specific details including full crequency analysis for each system component. Portions of the project require special consideration for the noise mitigation systems. These include: . The 900-degree (Fahrenheit) system exhaust. This will require silencing systems designed to ensure ongoing system functionality. . The high-pressure natural gas compressor. The State of California mandates open-air ventilation requirements; these must be maintained by the noise quieting system. A six-step mitigation program has been prepared that assures compliance with the City of Chula Vista Noise Ordinance standards and the 60 dB(A) guideline contained in the City of Chula Vista draft MSCP Subarea Plan. The six-step mitigation program is contained in the attached Noise Mitigation and Monitoring Program. A final set of mitigation measures will be fonnulated during the design and construction phase to address precise noise data from each component piece of equipment to be installed. Implementation of the specific mitigation program would reduce noise impacts t060 dB(A) at the property line and result in a less than significant level of noise impact. XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any oflhefollowing areas: a) Fire protection? 0 0 0 0 12 q-cf I 7/20100 - ~ ...,..iaUy PoI..'iaUy Signifi"n' L= 'han Signifi"n' Un!", """",,,n' Kn rmpnct >fitignto! Impnct rmpnct b) Police protection? 0 0 0 c;: c) Schools? 0 0 0 c;: d) Maintenance of public facilities, including roads? 0 0 0 c;: e) Other governmental services? 0 0 0 c;: Comments: No new or altered governmental services would be required to serve the project. The Fire Department has specified that the existing access road be improved to a minimum 20-foot wide an weather driving surface between Main Street and the project site. No impact to schools would occur because the project would not generate any students. School fees would be paid as required by the school districts. Development impact fees and traffic signal fees would be paid as required by the City of Chula Vista fee schedule. Fire and police protection can be adequately provided to the site. XIT. Thresholds. Will the proposal adversely impact the 0 0 0 c;: City's Threshold Standards? As described below, the proposed project does not adversely impact any of the Threshold Standards. a) Fire/EMS 0 0 0 c;: The Threshold Standards requires that fire and medical units must be able to respond to calls within 7 minutts or less in 85% of the cases and within 5 minutes or less in 75% of the cases. The City af Chula Vista has indicated that this threshold standard would be met, since the nearest fire station is three miles away and would be associated with a six-minute response time. The proposed project would comply with this Threshold Standard. Comments: The fire/EMS threshold would be met as reported by the Fire Department. b) Police 0 0 0 c;: The Threshold Standards require that police units must respond to 84 % of Priority I calls within 7 minutes or less and maintain an average response time to all Priority I cans of 4.5 minutes or less. Police units must respond to 62.10 % of Priority 2 calls within 7 minutes or less and maintain an average response time to all Priority 2 cans of 7 minutes or less. The proposed project would comply with this Threshold Standard. Comments: The police threshold would be met as reported by the Police Department. c) Traffic 0 0 0 c;: The Threshold Standards require that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections. Intersections west of 1-805 are not to operate at a LOS below their 1987 LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hour. 1ntersections of arterials with freeway ramps are exempted from this Standard. The proposed project would comply with this Threshold Standard. Comments: As indicated by the Traffic Section of the City's Engineering Division comments, the traffic threshold would be met because the project would result in only two or three trips per week. 0 0 0 c;: 13 4 - <j d-.-. 7120/00 . '. -.. P","iaDy P""",Dy Sl",ificon, """"n Signlficont Un"" Slgnlfio" No Impact Mill",.. Impact Imp'ct d) Parks/Recreation The Threshold Standard for Parks and Recreation is 3-acres/l,000 population. The proposed project would not result in additional population. Comments: No additional park and recreation facilities would be required because the project would not increase the population of the City of Chula Vista. e) Drainage 0 0 0 0 The Threshold Standards require that stonn water flows and volumes not exceed City Engineering Standards. Individual projects would provide necessary improvements consistent with the Drainage Master Plan(s) and City Engineering Standards. The proposed project would .comply with this Threshold Standard. Comments: The project is designed to comply with a1l of the City Engineering Standards, Drainage Master Plan requirements, and RWQCD regulations. Section I above describes the proposed on-site drainage facilities. The project design would be consistent with the drainage threshold standard. f) Sewer 0 0 0 0 The Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects would provide necessary improvements consistent with Sewer Master Plan(s) and City Engineering Standards. The proposed project would comply with this Threshold Standard. Comments: No sewer facilities are proposed to be insta1led at the power plant facility. g) Water 0 0 0 0 The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and those water quality standards are not jeopardized during growth and construction. The proposed project would comply with this Threshold Standard. Applicants may also be required to participate in whatever water conservation or fee off-set program the City of Chula Vista has in effect at the time of building permit issuance. Comments: Potable water would be extended to the site from the existing water main in Main Street. Potable water would be used only for the drinking needs of operating personnel and equipment maintenance. The natural gas turbine and other equipment would be air-cooled and would not require water for cooling purposes or operation. However, the plant may choose to use water injection for a more efficient p01lution control. Inlet chilling may be used to minimize power output degradation due to high ambient temperature. These uses, if utilized, would range /Tom 3,000 ga1l0nslhr to 6,000 ga1l0nslhr. The operation of the power plant facility would not result in a significant impact to the City of Chula Vista water system. XIII. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new :;ystems, or substantial alterations to the following utilities: a) Power or natural gas? 0 0 0 0 b) Communications systems? 0 0 0 0 14 4-43 7/20/00 ~ - Pot""'"y Pa"a"'Uy Sign"""" '=tIu. Signif=ot U"'"'" Signif=a. Na 1m.." Mitig."" 1m.." 1m.." c) Local or regional water treatment or distribution 0 0 0 ø facilities? d) Sewer or septic tanks? 0 0 0 ø e) Storm water drainage? 0 0 0 ø f) Solid waste disposal? 0 0 0 ø Comments: Electrical service would be obtained /Tom circuits located on the existing 69 kV electrical transmission line along the eastern property line. An underground natural gas line would be extended to the site /Tom the existing natural gas line in Main Street. An underground telephone line would be extended to the site /Tom the nearest available service. Water service would be extended to the site /Tom the existing water main in Main Street. Sewer service is not proposed to be installed at the facility; however, it should be noted that an existing sewer line crosses the property in and east-west direction along the northern property line. The project site would be graded to drain to a new catch basin at the southwest corner of the site. This catch basin would discharge into an existing drainage swale that is part of the City of Chula Vista stonn drain system. A negligible quantity of solid waste would be generated by the unmanned power plant. New services systems, or substantial alteration of existing systems, would not be required for the operation and maintenance of the power plant. XIV. AESTHETICS. Would (he proposal: a) Obstruct any scenic vista or view open to the 0 0 0 ø public or would the proposal result in the creation of an aesthetically offensive site open to public view? b) Cause the destruction or modification of a scenic 0 0 0 ø route? c) Have a demonstrable negative aesthetic effect? 0 0 ø 0 d) Create added light or glare sources that could 0 0 0 ø increase the level of sky glow in an area or cause this project to fail to comply with Section 19.66.100 of the Chura Vista Municipal Code, Title 19? e) Reduce an additional amount of spill light? 0 0 0 ø Comments: The project site is not located in the viewshed of an identified scenic route, vista, or view. The site is located in an industrially zoned area and is surrounded on the north and east by existing industrial development. The currently vacant property to the west was previously used for an industrial activity, and is planned for reuse as an industrial activity. An existing single-family residential area is located westerly of the vacant property. The project site is screened from westerly views by mature vegetation along the drainage swale that parallels the western property line and by fencing along the drainage swale. Single-family residences are located 1,350 feet to the south across the Otay River valley. These residences are elevated approximately 40 feet above the projec; site, and have a distant downward 15 L/-~f 7120100 - - Pot"",,", Pot..",", SI",,1ficmt L= tm S¡""Uk..t U""" Signil"=a< N. Impa« ......,...... Impa« Impa« view across the project site. The distant southerly views of the site are partly obscured by mature trees along the southern property line. The proposed power plant project would not result in a significant impact to views ITom the north, east, west, or ITom the distant southerly views. The Otay Valley Regional Park is located immediately south of the project site. The dense riparian vegetation aJong the river channel extends to the southern boundary of the site. This vegetation completely screens the site ITom view to hikers using the existing trails along the river channel. Consequently, the proposed power plant would not result in a significant visual impact to trail users. The Otay Valley Regional Park Concept Plan shows a conceptual trail along both sides of the river channel. However, the alignment of the trails is at a concept stage and an exact alignment has not been identified. Given the location of the existing trail along the north side of the channel, and the configuration of properties abutting the park, the future trail alignment is likely to be located near the existing trail. Thus, it is anticipated that the power plant would not have' a demonstrable negative aesthetic effect on future trail or park users. No night lighting of the facility is proposed except for required safety lighting. 1mplementation of City Code standards would reduce light and glare produced by the installation of safety lights to a less than significant level. The project landscape plan proposes a ten-foot high chain-link fence with opaque screening slats around the perimeter of the site. Tristania conferta and Pinus canariensis trees in 15-gallen and 24-inch boxes are proposed to be planted along both sides of the fence with grouping of trees in seJected locations. The existing slopes along the eastern property boundary would be planted with one-gallon Cotoneaster dammeri, four-feet on center. The proposed fencing and landscaping would further screen the power plant from off-site views. XV. CULTURAL RESOURCES. Would the proposal: a) Will the proposal result in the alteration of or the 0 0 0 ø destruction or a prehistoric or historic archaeological site? b) Will the proposal result in adverse physical or 0 0 0 ø aesthetic effects to a prehistoric or historic building, structure or object? c) Does the proposal have the potential to cause a 0 0 0 ø physical change which would affect unique ethnic cultUral values? d) Will the proposal restrict existing religious or 0 0 0 ø sacred uses within the potential impact area? e) Is the area identified on the City's General Plan 0 0 0 ø EIR as an area of high potential for archeological resources? Comments: There are no known cultural resources on the project site, or in the immediate surrounding area. The site has been previously fined with imported material ITom an unknown source. Consequently, the proposed project would not result in a significant impact to cultural resources. XVI. PALEONTOLOGICAL RESOURCES. Will the 0 0 0 ø 16 L/- - t./S- 7120/00 . - P"""bUy P",..!bUy Signifiao! """"'0 S¡..ifia.. U""" Si..ifico.. No Impact Mitiga!oI Impact Impact proposal resul¡ in ¡he al¡erarion of or ¡he des¡ruc¡ion of paleonlological resources? Comments: The site has been graded and imported fill material placed on-site. Adjacent areas to the east and west have been similarly graded and filled. There are no known paleontological resources on the site or in the adjacent area. The extent of proposed grading is limited; therefore no potential impacts to paleontological resources are anticipated. XVlI. RECREATION. Would ¡he proposal: a) 1ncrease the demand for neighborhood or 0 0 0 c;¡ regional parks or other recreational facilities? b) Affect existing recreational opportunities? 0 0 0 c;¡ c) Interfere with recreation parks & recreation plans 0 0 0 c;¡ or programs? Comments: There are no recreational facilities in the vicinity of the site other than the Otay Valley Regional Park located to the south. The proposed power plant would not result in significant impacts to the park as discussed in Section XIV (Aesthetics) above. Existing and/or future uses of the park would not be significantly impacted by the power plant. XVlII. MANDATORY FINDINGS OF SIGNIF1CANCE: See Negarive Declaralionfor mandatory findings of significance. If an EIR is needed, this seclion should be completed. a) Does the project have the potential to degrade the 0 c;¡ 0 0 quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods or California history or prehistory? Comments: A number of obligate ripaniparian sds were detected, including several sensitive species, and others are anticipated to occur in this area. All of these could be adversely affected by noise created by the proposed power generating facility. Such effects can be mitigated to a less than significant level through the implementation of mitigation measures included in the attached Mitigation Monitoring and Reporting Program. b) Does the project have the potential to achieve 0 0 0 c;¡ short-term, to the disadvantage of long-tenn, environmental goals? Comments: The construction and operation of Peak Load Power Plant at this location would not result in a significant impact to adopted long-tenn environmental goals of the City of Chula Vista as stated in the General Plan and other adopted planning documents. c) Does the project have impacts that are 0 0 0 c;¡ individually limited, but cumulatively 17 4-4~ 7/20100 - - Potu,;"U, PotU!"'U, Signifi",n! l=tban S¡,nifi",n' UnJ", S"ignifi=t Nn 1m"." MIti""" Impa" Impa" considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) Comments: There are no recently completed projects, current applications, or reasonably foreseeable applications in the vicinity of the project site. d) Does the project have environmental effects 0 0 I! 0 which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: No substantial adverse effects on human beings would result from installing a gas turbine Peak Load Power Plant at the proposed project site. Please see Section IX for a discussion of potential hazards associated with the project. XIX. PROJECT REVISIONS OR MITIGATIOì\ MEASURES: The following project revisions have been incorporated into the project and would be implemented during the design, construction or operation of the project: None. The mitig:!ion measures listed in the attached Mitigation Monitoring and Reporting Program have been incorporated into the project and would be implemented during the design, construction or operation of the project: 18 4-47 7120100 - - xx. AGREEMENT TO IMPLEMENT MITIGATION MEASURES By signing the line(s) provided below, the Applicant(s) and/or Operator(s) stipulate that they have each read, understood and have their respective company(s) authority to and do agree to the mitigation measures conrnined herein, and would implement same to the satisfaction of the Environmenrnl & Planning Manager for the Community Development Department. Failure to sign the line(s) provided below prior to posting of this [Mitigated] Negative Declaration with the County Clerk shall indicate the Applicant(s) and/or Operator(s) desire that the Project be held in abeyance without approval and that Applicant(s) and/or Operator(s) shaH apply for an Environmental Impact Report. Printed Name and Title of Authorized Representative of [property Owner's Name] Signature of Authorized Represenrntive of Date [Property Owner's Name] Printed Name and Title of [Operator if different from Property Owner] Signature of Authorized Representative of Date [Operator if different from Property Owner] 19 4- "¡q 7/20/00 - - XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. 0 Land Use and Planning 0 Transportation/Circulation 0 Public Services 0 Population and Housing . Biological Resources 0 Utilities and Service Systems 0 Geophysical 0 Energy and Mineral Resources 0 Aesthetics 0 Water 0 Hazards 0 Cultural Resources 0 Air Quality . Noise 0 Recreation 0 Paleontology . Mandatory Findings of Significance XXII. DETERMINATION: On the basis of this initial evaluation: 1 find that the proposed project COULD NOT have a significant effect on the environment, 0 and a NEGATIVE DECLARATION will be prepared. I fmd that although the proposed project could have a significant effect on the environment, . there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an 0 ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but 0 at least one effect: I) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impacts" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because aU potentially significant effects 0 (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. 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G) ro ::J ro ~ 5- <C 0 0 3 " OJ ::J '< 1:) ro OJ " r 0 OJ C. 1:) 0 " ro f-S ;2, ~ ;? ATTACHMENT 5 Recording Requested By: CHULA VISTA REDEVELOPMENT AGENCY 276 Fourth Avenue Chula Vista, CA 91910 When Recorded Mail To: CHULA VISTA REDEVELOPMENT AGENCY 276 Fourth Avenue Chula Vista, CA 91910 Attn: Judi Bell (Space Above This Line For Recorder) APN: 629-062-04 OWNER PARTICIPATION AGREEMENT PG&E Dispersed Generating Company, LLC 3497 Main Street THIS AGREEMENT (the "Agreement") is entered into by the REDEVELOPMENT AGENCY OF THE City OF CHULA VISTA, a public body corporate and politic (hereinafter referred to as "AGENCY"), and PG&E Dispersed Generating Company, LLC, a Delaware limited liability company, (hereinafter referred to as "DEVELOPER") effective as of September 26, 2000. WHEREAS, the DEVELOPER desires to develop real property within the SOUTHWEST REDEVELOPMENT PROJECT AREA (the "Project Area") which is subject to the jurisdiction and control of theAGENCY and the City of Chula Vista (collectively, the "City"); and, WHEREAS, the DEVELOPER has presented plans for development to the Planning Commission (the "Commission") and the Design Review Committee (the "Committee") for the construction of a 49 megawatt electrical generating facility (the "Project"); and, WHEREAS, said plans for development have been recommended for approval by the Commission and the Committee; and, WHEREAS, the AGENCY has considered the recommendations ofthe Commission and the Committee and has approved the Project and design plans subject to certain terms and conditions; and, WHEREAS, the AGENCY desires that said Project be implemented and completed as soon as it is practicable in accordance with the terms of this Agreement. NOW, THEREFORE, the AGENCY and the DEVELOPER agree as follows: 1. The property to be developed is described as Assessor's Parcel Number 629.062-04 located at 3497 Main Street, in Chula Vista, California, shown on locator map attached hereto as Exhibit "C" and by this reference incorporated herein (the "Property"). The Property is leased by DEVELOPER pursuant to that certain unrecorded Ground Lease and Grant of Easements dated March 28, 2000, between DEVELOPER, as Tenant, and John S. Marquez and Carole G. Marquez, Trustees U.D.T., March 20, OC_DOCS\355597.7 [W97] 4-S3 - ,. 1991, as Landlord, a short form memorandum of which has been recorded in the office of the County Recorder, San Diego, California on April 12, 2000, as Document No. 2000-0187125 (the "Lease"). 2. The term of this Agreement shall be from the date the AGENCY approves this Agreement until expiration of the Lease, including all extensions thereof, or earlier termination of the Lease. 3. The DEVELOPER covenants and agrees by and for himself, his heirs, executors, administrators and assigns and all persons claiming under or through them the following: A If DEVELOPER develops the Property and the Project it shall be in accordance with the AGENCY approved development proposal attached hereto as Exhibit "A" B. DEVELOPER shall obtain all necessary federal, state and local governmental permits and approvals and abide by all applicable federal, state and local laws, regulations, policies and approvals in connection with the development of the Project. DEVELOPER further agrees that this Agreement is contingent upon DEVELOPER securing said permits and approvals. DEVELOPER shall be responsible for all applicable development impact and processing fees. C DEVELOPER shall use commercially reasonably efforts to: (i) obtain building permits within one year from the date of this Agreement; (ii) commence development of the Project promptly upon receipt of the last required permit; and (iii) diligently pursue the Project to completion, which in any event shall be completed within two (2) years from the date of issuance of the last required building permit. In the event DEVELOPER fails to meet these deadlines, approval of DEVELOPER's development proposals shall be void and this Agreement shall have no further force or effect and DEVELOPER shall have no liability to the AGENCY or the City under this Agreement; provided, however, if DEVELOPER is using good faith efforts to satisfy each of the foregoing requirements, then DEVELOPER shall have such additional time to meet the targets as is reasonably necessary and the approval of the development proposals and this Agreement shall continue in full force and effect. D. In all instruments granting or conveying an interest in the Property, the following language shall appear: "The grantee herejn covenants by and for hjmse/~ his heirs, executors, administrators and assjgns, and all persons claimjng under or through them, that there shall be no djscrimjnation agajnst or segregatjon o~ any person or group of persons on account of race, color, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premjses herein conveyed, nor shall the grantee hjmself or any persons clajmjng under or through him establish or permjt any such practice of discrimination or segregatjon with reference to the selection, locatjon, number, use or occupancy of tenants, lessees, 2 oc - DOCS\355597. 7 [W97] 4-~--y - ,. subtenant lessees, or vendees in the premises herejn conveyed. The foregoing covenants shall run with the land." E. In all leases demising an interest In all or any part of the Property, the following language shall appear: "The lessee herein covenants by and for himse/~ his heirs, executors, admjnistrators and assjgns, and all persons claimjng under or through him, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimjnation against or segregation o~ any person or group of persons, on account of race, color, creed, national orjgin, or ancestry, in the leasing, subleasing, transferring use, occupancy, tenure, or enjoyment of the premises herejn leased, nor shall the lessee himself or any persons claimjng under or through hjm, establish or permit any such practices of discrjmination or segregation wjth reference to the selection, location, number or use, or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased." 4. The Property shall be developed subject to the conditions Imposed by the Commission, the Committee and the AGENCY as described in Exhibit "B" attached hereto and incorporated herein by this reference. DEVELOPER acknowledges the validity of and agrees to accept such conditions. 5. Upon the completion of the Project, if at all, DEVELOPER agrees as follows: A. DUTY TO MAINTAIN GOOD CONDITION. Subject to Subsections C, D & E below, DEVELOPER shall, at DEVELOPER's sole cost and expense, maintain the Property which includes all improvements thereon in good condition and repair, consistent with the nature and use of the Property as an electrical generating facility, and in accordance with all applicable laws, permits, licenses and other governmental authorizations, rules, ordinances, orders, decrees and regulations now or hereafter enacted, issued or promulgated by federal, state, county, municipal, and other governmental agencies, bodies and courts having or claiming jurisdiction and all their respective departments, bureaus, and officials. B. GOOD CONDITION DEFINED. Good condition and repair, means maintenance which is necessary to keep the Property in an efficient and attractive condition and substantially equal in quality to the condition which exists when the Project has been completed in accordance with the approved plans, excepting normal wear and tear. C. In order to enforce the maintenance provisions in Subsection A above, the parties agree that: (i) the City's Community Development Director (the "Director") is empowered to make reasonable determinations as to whether the Property is in good condition. If he determines it is not, he: (1) will notify DEVELOPER in writing, and (2) extend a reasonable time to cure, provided, however, such cure period shall not be less than forty-five (45) days. In addition, if such cure cannot reasonably be effectuated within such time period, DEVELOPER shall have such additional time as may be necessary to effectuate such cure; provided, thatDEVELOPER commences such cure within such time period and thereafter diligently proceeds the same to 3 OC_DOCS\355597.7 [W971 4-5S- - ,. completion. If a cure or a diligent effort to cure has not been made within the applicable time (as the same may be extended), the Director is authorized to effectuate the cure by City forces or otherwise, the cost of which will be promptly reimbursed by the DEVELOPER; and (ii) AGENCY or its agents shall have the right to go on the Property and perform the necessary maintenance and the cost of said maintenance shall become a lien against the leasehold estate of the Lease (the "Leasehold Estate"). AGENCY shall have the right to enforce this lien by foreclosing on the Leasehold Estate; provided, however, unless DEVELOPER is the owner of the Property, In no event shall such lien or foreclosure thereof affect the fee simple title to the Property. (iii) Notwithstanding anything herein to the contrary, in the event that there shall be a dispute among the parties arising out of or relating to the maintenance provisions of this Section 5, or the breach thereof, the parties agree that the City Manager or his designee shall resolve such dispute; provided, however, any decision made by the City Manager may be appealed to the AGENCY, and any such decision made by the AGENCY may be appealed to a court of competent jurisdiction. All City action to cure shall be suspended pending the outcome of such an appeal to the City Manager, or an appeal to AGENCY, or an appeal to a court of competent jurisdiction. In the event that the Director decides without dispute, or the City Manager decides in dispute, that the City has to cure and the amount of the cure, then DEVELOPER shall reimburse the City within forty-five (45) days of receipt of a written demand. If not reimbursed, such cost shall constitute a lien and the City is authorized to record said lien with the County Recorder, against the Leasehold Estate, as provided in Clause (II) of Subsection 5.C. above. D. If the Property or any improvement thereon shall be damaged by fire, flood, tornado, by the elements, or otherwise, DEVELOPER shall, either repair said damage and restore the Property and any improvements to their previous or like condition or raze such improvements, provided that DEVELOPER leaves the Property in a clean and safe condition. E. DEVELOPER, may In its sole discretion, at any time, raze any improvements on the Property, provided that DEVELOPER leaves the Property in a clean and safe condition. F. In the event that DEVELOPER or its successor acquires in fee the Property for the continued operation of the Project beyond the lease term and extensions thereof, and in the event that Albany Avenue is extended and widened south of Main Street to the Property, DEVELOPER agrees to dedicate up to 36 feet from the eastern boundary of the Property as may be necessary for the widening and improvement of Albany Avenue; provided, further, DEVELOPER agrees to dedicate additional necessary land for the construction of a cul-de-sac at the end of Albany Avenue (in accordance with the City's standards). 6. DEVELOPER shall have the following additional obligations: A. DEVELOPER agrees to meet and confer with the City from time to time as the City may reasonably request in connection with exploring agreements, contracts or other arrangements with respect to the City's acquisition or lease of the Project; provided, however, that neither party shall be required or obligated to enter into any such 4 OC_DOCS\355597.7 [W971 4 -~-Co - ,. agreements, contracts or other arrangements except upon such terms and conditions as are satisfactory to each party In its sole and absolute discretion. B. DEVELOPER agrees that the City shall have a right of first negotiation with regard to a proposed transfer, sale or lease of the Project by DEVELOPER; provided, however, that such right of first negotiation shall be inapplicable to any Exempt Transaction, as the term is defined in Subsection 6.C. below. Such right of first negotiation shall be upon the following terms and conditions: (i) Prior to the transfer, sale or lease of the Project to a third party, DEVELOPER will notify the City in writing of such proposed transaction. (ii) The City shall have twenty (20) days from the receipt of the notice of such proposed transaction to negotiate the basic terms on an agreement for the transfer, sale or lease of the Project to the City; provided, however, that such terms shall be satisfactory to each party in its sole and absolute discretion. (iii) If the parties agree in writing upon the basic terms of an agreement within such twenty (20) day period, then they shall in good faith negotiate the terms of a definitive agreement within twenty (20) days after the end of such twenty (20) day period. (iv) If the parties fail to agree in writing upon the basic terms on an agreement within such twenty (20) day period or if they fail to enter into a definitive agreement within such subsequent twenty (20) day period, then DEVELOPER shall be free to pursue such proposed transfer, sale or lease to such third party, or with any other party, and upon terms and conditions satisfactory to DEVELOPER whether or not more or less favorable to DEVELOPER. C. EXEMPT TRANSACTION DEFINED. Exempt Transaction means, at any time after the execution of this Agreement: (i) any sale, lease, transfer or other conveyance of the Project or any portion thereof or interest therein by DEVELOPER or any Affiliate of DEVELOPER, as the term is defined in Subsection 6.0. below, to another Affiliate of DEVELOPER; (ii) a sale or transfer of all or substantially all of the outstanding stock, membership interest or other equity interests of DEVELOPER or of any Affiliate of DEVELOPER, as applicable, or a sale or transfer of all or substantially all of the assets of DEVELOPER or of any Affiliate of DEVELOPER; (ili) a merger, consolidation or stock or equity exchange to which DEVELOPER or any Affiliate of DEVELOPER is a party; or (iv) any sale, transfer or other conveyance of the Project or any portion thereof or interest therein pursuant to a transaction involving one or more electrical generating facilities in addition to the Project located outside the City. D. AFFILIATE DEFINED. Affiliate means any entity or individual which, directly or indirectly (including through one or more intermediaries), controls or is controlled by or is under common control with any entity or individual. For purposes of this definition, the term "control" (including the correlative meanings of the terms "controlled bv" and "under common control with"), as used with respect to any entity or individual, shall mean the possession, directly or indirectly (including through one or more intermediaries), of the power to direct or cause the direction of the management and policies of such entity or individual, through the ownership or control of voting securities, membership interests, 5 OC_DOCS\355597.7 [W97] 4 -~-7 - .. partnership interests or other equity interests, by contract or otherwise. E. Upon the completion of the Project, if at all, DEVELOPER agrees to contribute Twenty Thousand Dollars ($20,000) to the City for the purposes of constructing a photovoltaic energy system development at the City's Otay Gymnasium and Recreation Center or at another site designated by the City, or for such other energy related purpose the City deems appropriate. If the City does proceed with the development of a photovoltaic energy system, then DEVELOPER agrees to provide, at no cost to the City, up to Ten Thousand Dollars ($10,000) of consulting services to facilitate such development, such $10,000 fee to be calculated at a rate of One Hundred Twenty-Five Dollars ($125) per hour of consulting services, without regard to whether such services are provided by an outside third party or by an employee of DEVELOPER or any Affiliate of DEVELOPER. Such services shall be provided by a qualified consultant designated by DEVELOPER and reasonably approved by the City. DEVELOPER's obligation to provide any consulting service under this Section shall terminate one year after the completion of the Project. F. DEVELOPER agrees to pay, to the same extent applicable to all other users, the City's utility user's tax imposed pursuant to Chula Vista Municipal Code Chapter 3.44 with respect to inbound natural gas or electricity used by the Project. Such tax is currently collected by SDG&E, the City's franchised natural gas/electricity provider. G. DEVELOPER agrees that if (a) DEVELOPER obtains approval for the development of a project similar to the Project within one (1) year of the execution of this Agreement, (b) such project is not an Exempt Project, as the term is defined in Subsection 6.H below, (c) as a condition of such approval DEVELOPER must provide services or make a payment of cash to the local permitting authority in connection therewith (the "Other Agency Contribution"), and (d) such Other Agency Contribution Is, In the aggregate, greater in value than those services provided or cash payments made to the City under Subsection 6.E. above (the "City Contribution"), then DEVELOPER shall offer to the City, on the same terms as provided to such other local permitting authority, the incremental difference in value between the Other Agency Contribution and the City Contribution; provided, however, that in calculating the value of any Other Agency Contribution, (i) the value of any cash payments to be made or services to be provided by DEVELOPER shall be reduced by the value of any assistance provided to DEVELOPER by such local permitting authority in whatever form, and (Ii) the Other Agency Contribution shall not include any Exempt Fees, as the term is defined in Subsection 6.1. below; provided, further, that DEVELOPER's obligation to provide any services or to make any cash payments to the City under this Subsection 6.G shall not exceed, in the aggregate, One Hundred Twenty Thousand Dollars ($120,000). H. EXEMPT PROJECT DEFINED. An Exempt Project shall mean any of the following: (i) any development by DEVELOPER outside of San Diego County, California; (ii) any development by any Affiliate of DEVELOPER whether or not outside San Diego County, California; (Iii) any development of an electrical generating facility which operates under different circumstances or serves a different function than the Project (i.e., does not operate as a Peaker plant); (iv) the development of any electrical generating facility or facilities, In a single project, which generates, in the aggregate, more electric capacity than 49 megawatts; or (v) any development of an electrical generating facility which is not substantially the same as the Project. 6 OCDOCS\355597.7 [W97] 4-~~ . ,. I. EXEMPT FEE DEFINED. An Exempt Fee shall mean the providing of services or cash payments by DEVELOPER for any of the following: (i) any and all locally Imposed taxes, assessments, impact or processing fees or any other charges in whatever form, imposed with respect to such similar project as generally applied to other developments within such other jurisdiction; or (il) any Other Agency Contribution mandated by either state or local law which is in enacted prior to DEVELOPER's submission of such project for approval to such local permitting authority. 7. AGENCY and DEVELOPER agree that the covenants of the DEVELOPER expressed herein shall run with the Leasehold Estate. DEVELOPER shall have the right, without prior approval of AGENCY, to assign its rights and delegate its duties under this Agreement and DEVELOPER shall thereupon be relieved, released and discharged from its duties under this Agreement. 8. AGENCY and DEVELOPER agree that the covenants of the DEVELOPER expressed herein are for the express benefit of the AGENCY and for all owners of real property within the boundaries of the Project Area as the same now exists or may be hereafter amended. AGENCY and DEVELOPER agree that the provisions of this Agreement may be specifically enforced in any court of competent jurisdiction by the AGENCY on Its own behalf or on behalf of any owner of real property within the boundaries of the Project Area. Except for the AGENCY, however, no owner of real property within the boundaries of the Project Area shall have the right to enforce any of the provisions of this Agreement independently. 9. AGENCY and DEVELOPER agree that this Agreement may be recorded by AGENCY in the Office of the County Recorder of San Diego County, California. 10. DEVELOPER shall and does hereby agree to indemnify, protect, defend and hold harmlessAGENCY and the City of Chula Vista, and their respective Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and reasonable attorneys' fees incurred by the AGENCY arising, directly or indirectly, from (a) AGENCY's approval of this Agreement, and (b) AGENCY's or the City of Chula Vista's approval or issuance of other permits or actions, whether discretionary or non-discretionary, in connection with the Project contemplated herein, and DEVELOPER's construction and operation ofthe Project permitted hereby. 11. In the event of any dispute between the parties with respect to the obligations under thisAGREEMENT that results in litigation, the prevailing party shall be entitled to recover its reasonable attorneys' fees and court costs from the non-prevailing party. 12. Time is of the essence for each and every obligation hereunder. 13. If DEVELOPER fails to fulfill its obligations hereunder after due notice and reasonable opportunity to cure, which in no event shall be less than forty-five (45) days, unless a cure cannot reasonably be effectuated within such time period, in which case such additional time as may be necessary to cure shall be granted, DEVELOPER shall be in default hereunder, and in addition to any and all other rights and remedies AGENCY may have, at law or in equity, AGENCY shall have the right to terminate its approval of the Project and this Agreement; provided, however, if litigation has commenced between DEVELOPER and any party in connection with the rights and obligations under this Agreement, AGENCY may not terminate its approval of the Project and this Agreement until the completion of such litigation, including any appeals thereof. 7 OCDOCS\355597.7 [W97] ~-s1 - .. 14. No breach of any provision of this Agreement shall defeat or render invalid the lien of any mortgage now or hereinafter affecting any portion of the Leasehold Estate. In particular, any lien Imposed against the Property or the Leasehold Estate under this Agreement shall be subject and subordinate to any mortgage encumbering any portion of the Property or the Leasehold Estate; provided, however, that the rights of any mortgagee are subject to all of the provisions of this Agreement, and if any portion of the Property or the Leasehold Estate subject to such mortgage is sold under a foreclosure of any mortgage or is conveyed to the mortgagee or any other person in lieu of foreclosure, any purchaser at such sale or any grantee and the successors and assigns of any such purchaser or grantee shall hold any and all property so purchased and acquired subject to all of the provisions of this Agreement 15. The use of the masculine pronoun includes the feminine and neutral genders; the use of the singular form of a pronoun includes the plural and vice-versa. 16. This Agreement, together with the Exhibits hereto and such other documents as are contemplated hereunder, constitutes the entire agreement of the parties in respect of the subject matter hereof, and may not be changed except by an agreement in writing signed by the parties. 17. The City shall, upon reasonable request of DEVELOPER, furnish an estoppel statement stating whether or not the City knows of any default under this Agreement, and if so, specifying the nature of such default with particularity. [Signature Page Follows] 8 OC_00C5\355597.7 [W971 4-bO - - Signature Page IN WITNESS WHEREOF THE PARTIES HAVE ENTERED INTO THIS AGREEMENT EFFECTIVE AS OF THE DATE FIRST WRITTEN ABOVE. "AGENCY" REDEVELOPMENT AGENCY OF THE City OF CHULA VISTA DATED: By: Shirley Horton, Chairman "DEVELOPER" PG&E Dispersed Generating Company, LLC, a Delaware limited liability company DATED: By: Print Name: Title: NOTARY: Please attach acknowledgment card. APPROVED AS TO FORM BY: John M. Kaheny, Agency Attorney H:\home\attorney\agree\PG&E clean OC_DOCS\355597.7 IW97] 1-101 - .. STATE OF COUNTY OF r ] On , before me, , Notary Public, personally appeared and , .. personally known to me OR .. proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary oc - DOCS\355597.7 [W971 4-(;,2- - ,. EXHIBIT A Design Plans OWNER PARTICIPATION AGREEMENT PG&E Dispersed Generating Company, LLC 3497 Main Street REDUCED COPIES OF DESIGN PLANS OC DOCS\355597.6 [W97! "'OM"'O"O,""A""O""'O" "A' COAO O,""","N ,~"' 0", 000 4- ~3 I I'!. "11" I'll! I .. ð .i'lI, 'I Ii " , II ¡ ,. _I!, I , I~. ~-~ I, "ll!: I! . I! : 1:'1,; I,' ¡ Ir II ~I ! 'I " i '~ ~ I~:"" I: I I " ,i'.111 I" , - ",' . I 'I ¡;q: " I I i 1!lIi ¡ II : , ¡'¡,, ;1 I 1 I'-'~-~ Illil!1 U I¡I'I'I ~ ' I . ~ I II ' ,I .. I'" 1111 II! I II "III ; ~I .II. I! ø-- 1,' " I' I, I "I .1 ! II , II' "Ii I' þ ! ,i II ¡; ,! '~7'1' .-- ð Iii .~II! II " -. ~ ~;I ¡'II I, :-- ~ I!: II !i " ¡--- II ill ,""",., 0 iv,. "',.". [þ'oGG ......, IUII llil::!IiUlliI IUYIUYIUY" UYlliI iUYIIIYllIgIUgIUgllil llIglllilJII:I:II~ !III:I!II:I!!!!! ;j! ¡:h~¡I:lli~!~:!ii¡¡:i!!I:!;;!I: !iljl:I!IIII:i!r.:ii!!I::lml¡:ml':¡ill':íèl':!lmi:!i!ir:!i! iidl'II~!I: ¡ d!!I¡II~~1 :illll!I' IIII'!I:il!~I :~lil:I¡II;!'I¡I~li¡ ii"i',¡lil:¡'!!¡',il li!¡!il,-lill:!1!I~ij!I~:!I!I~~ijl!l;ij.II~;i'II.'!I¡:li-I!! ! ,:!I:;I','IIIII " 'i " ,Ialll! II!!II!!'" olll! ¡I!I ., ai!! -¡I' 11.,1," II' Ii" "s!.:, ':1 :,11' I 1'1 Ii G I ' 0 ill "!' ;!II:I'I;!III.I~II:"'III¡IIIJ¡;!!JjI;~PI II"ìllll ¡I,"ii Ipl :'IIjI!'II!I!!¡: II:i'¡II.¡ill~¡11 :i,¡ld:'¡I'¡II¡ì;IIIII¡ .!ill~ì:ilII:¡ilmllil¡:ili~'iI'::!¡ !q¡I'I'1 : II: 1111,1 ¡[¡'Ii l.j':,i¡i~¡;:ljjjl'i ¡.Ii,: ji,PH'i!!'i:¡'¡i:¡i'¡i':i¡:¡nli;il": l'I'I.i-IL, !i¡! ¡!!!I¡!il ll~iljnll'llll '¡i'¡I!lilllll 'i ln illn!IIIIIII,IIn¡,II,III!!!!!;:I:!' :1' 111'jllin'¡ 'I I I' " 1 In I, I II:: I, I II ,:i I' I, I, Iii i Ii! 1::1 ' . I ,", !!': !'!!!!!'!I!!lpi!!!h!ill!I!!!!!b!I!I!!lii!! ilq¡I!!¡ I ¡ 1,1 I I I I' I I iJ! I ¡ II I !! I' I: I: I ,: I ' I ' ' I 1 I ¡! I'! I , . 1! ¡'2m,'pl'¡o,I,: i"llill!!!¡'ie! ¡ ! , ", I I,' !I. "'I ,hl:llil:lili iq~ 1~1!lï!n III I III' 1'1 ,', I: ! 'i! I¡!, ,¡ !- ! E lIIi lii'I!!!!II'iilll!~!¡lil¡'! 1!:1;lm!I~I~ì j¡'lii !¡I'I!III"p¡¡II¡nlil¡P!~ ! 'I :.1'" ., 1:1: h'.. ;' , ,Ii I;' II , Îllilol¡I!¡¡!,,: Iii I!! 'i¡l¡ 1~1!1!lliil 1'1'1111 .1 ' 'I' .. i I' I I j , II I jll!'1I i'i ~ '.:I:p! i I .'1 Iii ,I ~ d! 11 i !'! I !ill I ' i II ¡ 5 i! 1/1 " II :1' ! _;:1, 1~3 ! ~ .. í' i I ! I ill'll II I !IJ ""III , ¡I I! !I II: I . 1'1 11.11" I II" I I' 'II ' ; II I' e I ~.. I I I I I~I ~ ,ill.',!II"' ií Ii I'~' Iii III 4- b c.J - -- I I ' PROJEcT DATA. BOUNDARY P a and E I . ÞN:) TOPOORAPHY DISPERSED Gel3'lAlTON, LLC ... "'" ,.-".,.. 'T1<C . - .... "'" """"'" - -~ '-,~:::... .: ,':':'~"~~ "::.~'::"""m:~"i,m" -, -"""'-------- --"--- ..- ----,-,------- --- I; ¡ -z- il¡;I! !IIII!I/!!'!!!! III I¡!!!!!!!! ¡!! I :! s 'I Ii ¡ II - Ii, "I ~ ¡ ¡II!II¡!¡ I:! II., '~i .,!!I¡ljP I ,. ! 1'11'111'" I I ¡Ii i' ,j ! . ¡¡rlll¡i I iÍ Ihl ! t ,,!II , i UmjlU í I i¡llli J .i ~ " I ri/¡I -<1 I' ":-' :! 11,1 <4 -fo~ - - . 2 -- . SITE PLAN . ~ ,n - ~- uw;,;;; ::::~~ "';'-~~"'- - ,. I 1 + -t m ~ Pi ~ ~ > ~ I ,... G) I ~ m ~ > ~ ~ ~ ~ ~ IT! 0 en ,... '" a IT! ,"'0 co ~ ,§; ;! :! "z: p! 0 m Z ~ Õ z: I m . f;; K <> . ;¡: n ~ en c: '" en ;! ~ ~ ~ 0 ~ z ~ !~ m Iz .. '" ~ m r ~ Õ z 4 -Co Go, . . PLANS AN.:> P a and E . B..EVATIONS 0EN3'IA11ON, ,". "'" '"-~""'I'T1<C - - ,-~ - "':~~ --,- I,' , "111 " ¡! 51 j, ",00, Iii "! ~ i! i :J> Iii U : 0'1.1 ; § -j ,. z I! Ii Z II II ~. i ~ , 0 i ~! m . -< I . (¡') m ¡ ¡!11 , c I 4-~7 -: - -. CONCEP'IUAL l..AIoÐ6CAf'E PI..AN - - P G and E I I I . DISPERSED 0ENERA11ON, LLC ,.. """ ......... "n<c .~ ~. ,,",..,~: ~~c. Cê::" ~..;:::g.~ '~~~"~~ -~.- --. - ",- EXHIBIT B Conditions of Approval OWNER PARTICIPATION AGREEMENT PG&E Dispersed Generating Company, LLC 3497 Main Street CONDITIONS OF APPROVAL 1. Prior to the issuance of building permits, the project landscape and irrigation plan shall be reviewed and approved by the City Landscape Planner. 2. Prior to the issuance of a Certificate of Occupancy for the new structures, all landscaping shall be installed in accordance with the approved landscaping plan. 3. Any designated parking areas on the site shall provide a landscape treatment of 10% minimum per the Chula Vista Landscape Manual. The site plan does not at this time identify any designated parking areas. However, if in the future parking areas are created then this will be a requirement. 4. If at any point in the future the designated easement becomes a designated street and right-of-way, then additional landscaping may be required within the right-of-way. 5. Opportunities for vine pocket plantings should be looked at by the Landscape Architect. There should be isolated pockets of vine plantings along the proposed fencing. 6. Provide some vine plantings along the proposed fencing. 7. A water management plan shall be provided at the building permit stage, per requirements of the City Landscape Manual. 8. At the building permit stage, a complete planting and irrigation plan per the City Landscape Manual will be required. 9. Construct the project as submitted, unless otherwise modified herein. 10. All mitigation measures identified within the Mitigated Negative Declaration for the project shall be complied with to the satisfaction of the Director of Planning and Building in perpetuity. 11. Developer shall dedicate land for street right-of-way, including turnaround, sufficient to construct half of an industrial street in accordance with the City's adopted street standards at the time of dedication. Such dedication shall be made upon Developer or Developer's successor in interest acquiring a fee interest in the Property and the request of the Agency. 12. The following fees will be required if appropriate or if applicable, including but not limited to those fees identified below, based on the final building plans submitted. a. Sewer capacity and connection fees. b. Development Impact Fees c. Traffic Signal Fees oc DOCS\355597.6 [W97] ',"O""'O"""'A"^,OeA"""" """ co^, O""A"ON "AN' OeADDO 4-b~ EXHIBIT B Conditions of Approval OWNER PARTICIPATION AGREEMENT PG&E Dispersed Generating Company, LLC 3497 Main Street 13. The Engineering Division will require the applicant to obtain a construction permit to perform any work in the City's right of way or easements. 14. A grading permit wiil be required prior to issuance of any building permit. Specific means of handling storm runoff wiil be addressed at the time of the grading plan review. Ail runoff wiil be subject to NPDES regulations. Hazardous materials will not be ailowed to drain onto surrounding property. 15. Existing public sewer lines shail remain protected and driveable access shail be provided to ail sewer manholes located on the property. Sewer easements shail be granted for ail existing sewer lines on the property not within an existing easement. 16. A 20' minimum width Fire access is required with an ail weather driving surface. END OF CONDITIONS OF APPROVAL OC_DOCS\355597.6 [W97j 10 "'"OM"COMO""A""O,."""" "" lOAO O"""'ON >'lAN' 0,. DOC q-6c, . .. EXHIBIT C Property OWNER PARTICIPATION AGREEMENT PG&E Dispersed Generating Company, LLC 3497 Main Street SITE LOCATOR MAP OC_DOCS\355597.6 [W97] 4- 7() . - -~.- Proposed Peak Load Generating Facility LocatorlVlap - I~ !~ ': I ' !, ì, ~. ! I " : ~ smær ~ I I ' 1 ISuqect~ILJ~.."".! i~Y ! ' . i', i'. ¡ ¡~ I I I ,¡--- I : !!:,,';' , ~ , ", ',', ,,',! " !"".' --~ ) 1\ 1111"""", ~ 0 ~~ Proposal to be revievved by: N Design Review Committee * Planning Commission W E Redevelopment Agency S C¡-7(