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HomeMy WebLinkAboutAgenda Packet 2001/03/27 CITY COUNCIL AGENDA March 27, 2001 6:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista CI'IY OF CHULA VISTA City Council City Manager Patty Davis David D. Rowlands, Jr. Stephen C. Padilla City Attorney Jerry R. Rindone John M. Kaheny Mary Salas City Clerk Shirley A. Horton, Mayor Susan Bigelow The City Council meets regularly on the first calendar Tuesday at 4:00 p.m. and on the second, third and fourth calendar Tuesdays at 6:00 p.m. Regular meetings may be viewed at 7:00 p.m. on Wednesdays on Cox Cable Channel 24 or Chula Vista Cable Channel 47 AGENDA March 27, 2001 6:00 P.M. CALL TO ORDER ROLL CALL: Councilmembers Davis, Padilla, Rindone, Salas, and Mayor Horton. PLEDGE OF ALLEGIANCE TO TItE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF TIlE DAY · OATHS OF OFFICE: BRYAN DENNIS EHM AND EDWARD NAGORSKI - BOARD OF APPEALS AND ADVISORS · PRESENTATION OF THE CITY OF CHULA VISTA BUSINESS RECYCLING AWARD TO THE FOLLOWING CHULA VISTA BUSINESSES: TEAM .-- WHOLESALE, CHILI'S GRILL AND BAR, GARDEN FARMS, AM/PM VISTA MARKET, AND NYPRO CONSENT CALENDAR (Items 1 through 7) The Council will enact the staff recommendations regarding the following items listed under the Consent Calendar by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak"form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. Items pulled by the public will be the first items of business. 1. WRITTEN COMMUNICATIONS A. Letter from the City Attomey stating that to the best of his knowledge from observance of actions taken in Closed Session on March 20, 2001, there were no actions taken which are required under the Brown Act to be reported. Staffrecommendation: The letter be received and filed. B. Memorandum from Councilmember Jerry Rindone requesting that his absence at this meeting be excused. Staffreconunendation: The absence be excused. C. Letter of resignation from Francisco Gonzales, member of the Board of Ethics. Staff recommendation: The resignation be accepted with regret and the City Clerk be directed to post immediately in accordance with the Maddy Act. D. Letter from Donald Whitacre, President of the Mother Goose Parade, requesting a contribution of $2,000.00 to assist with the parade costs, and inviting the City to participate in the Mother Goose Parade City Float Competition. Staff recommendation: The request be denied. Chula Vista has its own major parade, the Star Light Yule Parade, one week following the Mother Goose Parade, and the City's resources are already committed to support this local event. 2. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 19.04, DEFINITIONS, AND CHAPTER 19.48, P-C PLANNED COMMUNITY ZONE, OF THE CHULA VISTA MUNICIPAL CODE (2ND READiNG AND ADOPTION) The application submitted by the EastLake Company and co-sponsored by the City proposes to amend the Municipal Code, Chapters 19.04 (Definitions) and 19.48 (P-C Planned Community Zone), in order to increase the allowable pementage of Community Purpose Facility (CPF) acreage that can be utilized for ball fields from 25% to 35%, and establish special findings to allow for-profit day care uses in the CPF land use districts, subject to a conditional use permit. This ordinance had its first reading on March 20, 2001. (Director of Planning and Building) Staff recommendation: Council place the ordinance on second reading for adoption. 3 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROViNG FiNAL MAP OF CHULA VISTA TRACT NO. 99-03, EASTLAKE TRAILS NORTH, NEIGHBORHOODS TN-3 AND TN-7, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE VARIOUS PUBLIC STREETS AND EASEMENTS, ALL AS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND ACKNOWLEDGING ON BEHALF OF THE CITY OF CHULA VISTA THE IRREVOCABLE OFFERS OF DEDICATION OF FEE INTEREST OF FIVE LETTERED LOTS FOR OPEN SPACE PURPOSES, ALL AS SHOWN ON SAID MAPS WITHIN SAID SUBDIVISION, AND APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND AUTHORIZiNG THE MAYOR TO EXECUTE SAiD AGREEMENT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROViNG SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 99-03, EASTLAKE TRAILS NORTH, NEIGHBORHOODS TN-3 AND TN-7, REQUIRING THE EASTLAKE COMPANY TO COMPLY WITH CERTA1N UNFULFILLED CONDITIONS OF RESOLUTION NO. 19447, AND AUTHORIZiNG THE MAYOR TO EXECUTE SAID AGREEMENT On May 4, 1999 Council conditionally approved the Tentative Subdivision Map for Chula Vista Tract No. 99-03, EastLake Trails. The Final Map, Subdivision Improvement Agreement and Supplemental Subdivision Improvement Agreement for EastLake Trails North, neighborhoods TN-3 and TN-7 (total of 142 single-family residences) are now before Council for consideration and approval. (Director of Public Works) Staff recommendation: Council adopt the resolutions. Page 2 - Council Agenda 03/27/01 4A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE F1NAL "B" MAP FOR OTAY RANCH, VILLAGE ONE WEST, NEIGHBORHOOD R-49A, CHULA VISTA TRACT NO. 98-06, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA, THE ASSIGNABLE AND IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENTS, AND THE WALL EASEMENTS, ALL AS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING THE SUBDWISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE "B" MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH, VILLAGE ONE WEST, NEIGHBORHOOD R-49A, PORTION OF VILLAGE ONE WEST, OTAY RANCH SPA ONE, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 19572 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT On August 17, 1999, Council approved a Tentative Subdivision Map for Chula Vista Tract 98-06, Otay Ranch, SPA One, Village One West. On August 22, 2000, Council approved Village One West "A" Map No. 1. On October 24, 2000, Council approved four Final "B" Maps within Village One West. Adoption of the resolutions will approve one additional Final "B" Map within Village One West. (Director of Public Works) Staff recommendation: Council adopt the resolution. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE PARKING LOT REPAIR AT PARKWAY GYM IN THE CITY OF CHULA VISTA (PROJECT PR-233) On February 28, 2001, the Director of Public Works received sealed bids for the parking lot repair at Parkway Gym. The work to be done includes mobilization, excavation and grading, removal and disposal of existing improvements, installation of asphalt-concrete pavement, crushed aggregate base, rubberized emulsion aggregate slurry seal, curb modifications, cold planing, saw cutting, installation of Portland Cement Concrete (P.C.C.) curb outlet and P.C.C. swale, pavement striping, installation of 4" PVC conduit pipe, installation of root barrier, traffic control, protection and restoration of existing improvements. The work also includes all labor, material, equipment and transportation necessary for the project. (Director of Public Works) Staff recommendation: Council adopt the resolution and award the contract to Frank & Son Paving, Inc. of Chula Vista, in the amount of $48,024.09. Page 3 - Council Agenda 03/27/01 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CITY'S FORMAL BIDD1NG PROCESS, APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CRITERION PLANNERS/ENGINEERS, INC. FOR CONSULTING SERVICES TO EVALUATE TRANSPORTATION AND ENERGY EFFICIENT LAND USE PLANNING AND BUILDING CONSTRUCTION MEASURES FOR NEW DEVELOPMENT, TO PREPARE A CUSTOMIZED COMPUTER MODEL AND RELATED REPORTS TO ANALYZE THREE PENDING DEVELOPMENT PROJECTS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT In November 2000, Council adopted the Carbon Dioxide (CO2) Reduction Plan, which included implementing measures regarding transportation and energy efficient land use planning and building construction measures for new development. Staff is in the process of formulating related guidelines for the preparation and implementation of Air Quality Improvement Plans (AQIPs) required under the City's Growth Management Ordinance. This effort involves the development of a computer model for analyzing the relative effectiveness and costs of applying various design and energy conservation features in three pending development projects, and preparation of the required AQIPs for those projects. Specialized consultant services are needed to accomplish these tasks. (Director of Planning and Building) Staffrecommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROViNG THE CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION'S 2001 BUDGET AND DEFERRING THE DOWNTOWN BUSINESS ASSOCIATION'S REQUEST FOR STAFF SERVICES, TOWN MANAGER AND PROMOTION ASSISTANCE FOR CONSIDERATION WITH THE FISCAL YEAR 2001/2002 BUDGET SESSION In accordance with the Municipal Code, the Chula Vista Downtown Business Association ("DBA") is required to submit an annual budget in March for Council approval. The DBA's budget is funded by a special assessment applied to each business located within the District's boundary and any income the District earns from promotional activities and other contributing sources. This year's budget will continue to support enhanced marketing and special events, including the Cinco de Mayo and Lemon Festivals, Starlight Yule Parade, Thursday afternoon Farmer's Market, Wednesday Classic Cars events, and Taste of Downtown. (Director of Community Development) Staff recommendation: Council adopt the resolution. ORAL COMMUNICATIONS Persons speaking during Oral Communications may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. Page 4 - Council Agenda 03/27/01 PUBLIC HEARINGS The following items have been advertised and/or posted as public hearings as required by law. If you wish to speak on any item, please fill out a "Request to Speak"form (available in the lobby) and submit it to the City Clerk prior to the meeting. 8. CONSIDERATION OF APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW FOR TWO "MONOP1NE" ANTENNA STRUCTURES WITH EQUIPMENT ENCLOSURES AT 88 L STREET Sprint, Cingular (formerly PacBcll), and Vcrizon (formerly AirTouch) request permission to install, operate, and maintain an unmanned cellular communication facility at the San Diego Country Club service yard. Thc permit will allow for two antenna arrays on each of two "monopincs' (faux pine trees), so that a future fourth carrier can be installed per specifications of the conditions. A 30-feet by 53-feet equipment compound area would be installed between the two "monopincs". A conceptual landscape plan includes trees, shrubs, and planting material to surround thc equipment area and to screen views of thc entire golf course service yard along north side of Naples Street. (Director of Planning and Building) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A CONDITIONAL USE PERMIT, PCC 00-27-47-53, FOR SPRINT, CINGULAR, AND VERIZON COMMUNICATIONS TO CONSTRUCT AN UNMANNED CELLULAR COMMUNICATIONS FACILITY LOCATED AT 88 L STREET ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussion and deliberation by the Council, staff, or members of the public. The items will be considered individually by the Council, and staff recommendations may, in certain cases, be presented in the alternative. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 9 CONSIDERATION OF ACCEPTANCE OF A REPORT ON THE COMMUNICATIONS AUDIT AND ADOPTION OF A RESOLUTION ACCEPTING STAFF RECOMMENDATIONS REGARDING THE AUDIT, AMENDING THE FISCAL YEAR 2000/2001 PUBLIC iNFORMATION BUDGET TO ADD 1.0 FULL- TIME EQUIVALENT (FTE) COMMUNICATION SPECIALIST, 1.0 ADMINISTRATIVE OFFICE ASSISTANT II, AND 0.5 FTE WEB MASTER, AND FOR CONSULTANT SERVICES, FURNISHINGS AND EQUIPMENT; AND APPROPRIATING $100,000 FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND AND $32,250 FROM THE AVAILABLE FUND BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND Page 5 - CouncilAgenda 03/27/01 In 2000 the City commissioned an audit of its internal and external communications. A steering committee, made up of executive and senior managers reviewed the consultant's findings, and as a result, recommends the expansion of the City's communication program through a variety of strategies. (Deputy City Manager Palmer Staff recommendation: Council accept the report and adopt the following resolution: A. REPORT ON COMMUNICATIONS AUDIT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING STAFF RECOMMENDATIONS REGARDING THE COMMUNICATIONS AUDIT, AMENDiNG THE FISCAL YEAR 2000/2001 PUBLIC INFORMATION BUDGET TO ADD 1.0 FULL-TiME EQUIVALENT (FTE) COMMUNICATION SPECIALIST, 1.0 ADMINISTRATIVE OFFICE ASSISTANT II, AND 0.5 FTE WEB MASTER, AND FOR CONSULTANT SERVICES, FURNISHINGS AND EQUIPMENT; AND APPROPRIATiNG $100,000 FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND AND $32,250 FROM THE AVAILABLE FUND BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND (4/5THS VOTE REQUIRED) 10. CONSIDERATION OF ADOPTION OF A RESOLUTION ACCEPTING THE TEAM POLICING REPORT AND RECOMMENDATION TO ADD SIX OFFICERS AND ONE LIEUTENANT FOR TEAM POLICiNG, TRAINING, AND TO IMPROVE RESPONSE TIMES IN THE EAST; ACCEPTING THE COPS UNIVERSAL HIRE PROGRAM GRANT TO PARTIALLY FUND THE ADDITIONAL OFFICERS OVER A THREE-YEAR PERIOD; APPROPRIATING $21,614 1N UNANTICIPATED REVENUE FOR SALARIES AND BENEFITS; AMENDING THE FISCAL YEAR 2000/2001 POLICE BUDGET TO ADD ONE LIEUTENANT AND SIX OFFICERS; APPROPRIATING REVENUES FROM STATE COPS '01 iN THE AMOUNT OF $31,092 FOR SALARIES, BENEFITS, TRAINING, AND RELATED EQUIPMENT, AND $36,192 FOR A VEHICLE FROM DEVELOPMENT IMPACT FEES Traditionally, the Police Department has used a nationally recognized patrol staffing formula based on call-for-service workload and officer-initiated activity to determine an appropriate patrol staffing level. The study has identified the need for additional officers based on workload, and factoring the following new components implementing team policing, enhancing training and improving response times in the east. In addition, the Patrol Staffing Committee is also recommending the addition of a Lieutenant to implement team policing. Staff is proposing that the cost of the officers be paid from acceptance of the 2000 Universal Hire Program Grant. The related services and supplies and equipment are proposed to be paid for from LLEBG and State COPS '01. A vehicle for Patrol is proposed to be paid from development impact fees. (Chief of Police) Staffrecommendation: Council adopt the following resolution: Page 6 - Council Agenda 03/27/01 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE TEAM POLICING REPORT AND RECOMMENDATION TO ADD SIX OFFICERS AND ONE LIEUTENANT FOR TEAM POLICING, TRAINING, AND TO IMPROVE RESPONSE TIMES IN THE EAST; ACCEPTING THE COPS UNIVERSAL HIRE PROGRAM GRANT TO PARTIALLY FUND THE ADDITIONAL OFFICERS OVER A THREE-YEAR PERIOD; APPROPRIATING $21,614 1N UNANTICIPATED REVENUE FOR SALARIES AND BENEFITS; AMENDING THE FISCAL YEAR 2000/2001 POLICE BUDGET TO ADD ONE LIEUTENANT AND SIX OFFICERS; APPROPRIATING REVENUES FROM STATE COPS '01 IN THE AMOUNT OF $31,092 FOR SALARIES, BENEFITS, TRAINING, AND RELATED EQUIPMENT, AND $36,192 FOR A VEHICLE FROM DEVELOPMENT IMPACT FEES (4/5THS VOTE REQUIRED) ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 11. CITY MANAGER'S REPORTS A. Scheduling of meetings. 12. MAYOR'S REPORTS A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA OPPOSING PENDING ACTION BY THE STATE OF CALIFORNIA FOR THE PURCHASE OF ELECTRICAL TRANSMISSION LINES 13. COUNCIL COMMENTS CLOSED SESSION 14. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) · One Case 15. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) · Cowan v. City of Chula Vista (USDC 99CV05165LAB) · Tuchscher Development, Inc. v. Lennar (GIC 758620) ADJOURNMENT to the Regular Meeting of April 3, 2001, at 4:00 p.m. in the Council Chambers. Page 7 - Council Agenda 03/27/01 Cl'ff OF CHULA VISTA OFFICE OF THE CITY A'I-rORNEY Date: March 21, 2001 To: The Honorable Mayor and City Council Kaheny, City Attorney ~ From: John M. Re: Report Regarding Actions Taken in Closed Session for the Meeting of 3/20/01 The City Council of the City of Chula Vista met in Closed Session on 3/20/01 to discuss: · CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A): Tuchscher Development, Inc. v. Lennar (GIC 758620) The Redevelopment Agency of the City of Chula Vista did not meet in Closed Session on 3/20/01. The City Attorney hereby reports to the best of his knowledge from observance of actions taken in the Closed Session in which the City Attorney participated, that there were no reportable actions which are required under the Brown Act to be reported. JMK:lgk 276 FOURTH AVENUE · CHULA VISTA · CALIFORNIA 91910 · (619) 691-5037 · FAX (619)~ 409-5823 MEMO TO: Mayor Horton and Councilmembers FROM: ~Terry R. Rindone, Councilmember 5UB~TECT: ANNUAL VACATION LEAVE For your information, I will be on vocation leave beginning Friday, March 16 through and including Wednesday, March 28th, 200~. To that end, Z respectfully request excused absences from the regular Council meetings of March ~0th and March ;~7th respectively. Thank You. Cc: City Manager City Attorney City Clerk 276 FOURTH AVENUE "CHULA VISTA · CALIFORNIA 91910 · (619) 691-5044 ', FAX (619) 476 5379 Findone@ci chula vista.ca.us 03/14/01 To Carmen Sandoval, I am writing this letter to formally announce my resignation from the Chula Vista Board of Ethics Committee. After being appointed a member, I never anticipated having to resign from this honorable post. My wife and I recently purchased a home in Rancho Del Rey and in order to do so, my work hours were altered. This prevents me from attending monthly meetings. I would like to give my appreciation to the City Council Members of Chula Vista for electing me to the Board of Ethics and although it was a brief tenure, the experience is something I will remember for the rest of my life. Hopefully sometime in the future I will be able to serve the city of Chula Vista in another capacity. Eternally grateful, Francisco Gonzales Februury 23, 2001 [10 N ~ ~ ~ Mayor Shirley Horton and City Councilpersons City of Chula Vista 276 Fourth Avenue Chnla Vista, CA 91912-1087 Dear Mayor I-Iorton and City Councilpersons: The Mother Goose Parade is the second largest parade west of the Mississippi and will celebrate its 55th consecutive year on November 18, 2001. The United States of America celebrates the 225th anniversary of the sigmng of the Declaration of Independence and the association has decided the theme for this year's parade will be "Mother Goose Salutes America's Military" from 1775 to present. The parade was incepted as a gift to children of all ages in San Diego County and our military men and women have given the supreme girl of their lives to protect those children and their families. We look for a huge attendance at this year's parade because of the many distinguished guests and celebrities who will be with us. Each year, we try to improve the parade by having better-quality participants, more floats and exciting units in the parade. We are grateful and appreciative of the many donations and volunteer services we receive but that help and our fund-raising activities still do not provide enough revenue to cover the enormous parade costs. We have been assisted by only two local government agencies - San Diego County and the City of El Cajon - and, even with their contributions, we haven't been able to provide amenities for the audience we know could greatly enhance the pamde We have entries in the parade from all over San Diego County and Mother Goose and our Queen and Court make numerous appearances throughout the county during the year which add to our expenses. We request your city's assistance by providing a small contribution of $2,000 to the Mother Goose Parade Association from your TOT or other fund rewarding those who provide community enhancement and family-oriented enjo3unent to tourists and residents of San Diego County. You are also invited to enter and participate in the Mother Goose Parade City Float Competition with your city's float. Thank you for your consideration of this request. We hope to see you with us November 18. Sincerely, MOTHER GOOSE PARADE ASSOCIATION BOARD OF DIRECTORS President 480 N MAGNOLIA, SOIIE 11l§. [[ CAJOO, CA §ZOZO §1§ 444-811Z FA]( G]~ 444-3~TI ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTERS 19.04, DEFINITIONS, AND 19.48, P-C PLANNED COMMUNTIY ZONE OF THE .~1~ CHULA VISTA MUNICIPAL CODE A. Application for Discretionary Approval WHEREAS, a duly verified application for an amendment to the Chula Vista Municipal Code was filed with the Planning Department of the City of Chula Vista on November 13, 2000, as a co-sponsored application between The EastLake Company and the City of Chula Vista ("Applicant"); and, WHEREAS, said application requests certain amendments to Chapter 19.04, Definitions, and 19.48, P-C Planned Community Zone; specifically modification of Section 19.04.055, to modify "community purpose facility" definition, modification of Chapter 19.48, P-C Planned Community Zone, Section 19.48.025 to consolidate and add language related to daycare facilities, and modification to Section 19.48.040 to increase percentage of ball fields permitted ("Zoning Ordinance Amendment"); and, B. Environmental Determination WHEREAS, the Environmental Review Coordinator has determined that, as a procedural amendment, the project is exempt from the California Environmental Quality Act (CEQA) under the General Role Exemption section 15061(b)(3)(Review for Exemptions); and C. Planning Commission Record of Application WHEREAS, the Planning Commission held an advertised public hearing on said Project on, and voted to recommend that the City Council approve the Project, based upon the findings listed below. D. City Council Record of Applications WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on March 6, 2001, on the Discretionary Approval Application, received the recommendations of the Planning Commission, and heard public testimony with regard to same; and NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, detennme and resolve as follows: 2-! II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public '~'dt, tla/,~p,,,g, on this project held on February 14, 2001, and the minutes and resolutions resulting thelqz'~r~l~e hereby incorporated into the record of this proceeding. 111. CERTIFIC~ OF COMPLIANCE WITH CEQA The Environmental Review Coordinator has determined that, as a procedural amendment, the project is exempt from the California Environmental Quality Act (CEA) under the General Rule Exemption section 15061 (b)(3)(Review for Exemptions). IV. FINDINGS The City Council hereby finds that the proposed amendments to the Chula Vista Municipal Code will address a need for additional facilities for non-profit sports leagues within the eastern territories of the City, further the goals and objectives of the Child Care Element of the Chula Vista General Plan by providing for additional sites to accommodate for-profit day care facilities and provide additional flexibility for developers in marketing their Community Purpose Facility sites. The proposed amendments are consistent with the City of Chula Vista General Plan and public necessity, convenience, general welfare, and good zoning practice support the amendments. V. APPROVAL Based on the above, the City Council hereby approves the proposed amendments to the Chula Vista Municipal Code, specifically to Chapter 19.04 and Chapter 19.48 as depicted in Exhibit "A", attached hereto. This ordinance shall take effect and be in full force and effect on the thirtieth day from and after its adoption. Presented by Approved as to form by Robert A. Leiter Joidff{(~(/l(/~ahen~ ~ Planning & Building Director City Attorney H :\HOME\PLANNING\JEFF\ORDINANC\Ord PC CommunityZone.doc EXHIBIT "A" Community Purpose Facilities - Proposed Amendment Text TEXT LEGEND: New Text Chapter 19.04 DEFINITIONS 19.04.055 Community purpose facility. "Community purpose facility" means a structure or site for childcare, certain non- profit assembly, or recreation purposes, as well as ancillary uses such as a parking lot, within a planned community. Typical uses include: Boy Scouts, Girl Scouts and other similar organizations, social and human services such as Alcoholics Anonymous, services for homeless, services for military personnel during the holidays, senior or child care and recreation, and worship, spiritual growth and development and teaching of traditional family values, and recreational ball fields. See Section 19.48.025(C) for a complete listing of Community Purpose Facility uses. (Ord 2732 §5 (part), 1998; Ord 2452A §1, I991). Chapter 19.48 P-C - PLANNED COMMUNITY ZONE 19.48.025 Community purpose facilities-Minimum acreage required-Permitted uses. A. All land in each P-C zone, or any section thereof, shall provide adequate land designated as "Community Purpose Facilities (CPF)", AS DEFINED IN SECTION 19.05.055. B. A total of 1.39 acres of net usable land (including setbacks) per 1,000 population shall be so designated for such facilities in any planned community, and shall be so designated in the Sectional Planning Area (SPA) Plan(s) and Planned Community District Regulations of each planned community. This total acreage requirement may be reduced only if the City Council determines, in conjunction ~vith its adoption of a SPA Plan, that a lesser amount of land is needed, based on availability of shared parking with other facilities, or other community purpose facilities that (R n/O0) 7 ¢ 1 are guaranteed to be made available to the community. Any shared parking arrangements pursuant to this section shall be guaranteed regardless of any future changes in occupancy of facilities. C. The required CPF acreage shall have a CPF, Community Purpose Facilities, land use designation. All uses shall require a conditional use permit; the following land uses can be considered as conditionally permitted uses: 1. Boy Scouts, Girl Scouts, and other similar organizations; 2. Social and human service activities, such as Alcoholics Anonymous; 3. Services for homeless; 4. Services for military personnel during the holidays; 5. Senior care and recreation; 6. Worship, spiritual growth and development, and teaching of traditional family values; 7. Non-profit or for-profit day care facilities that are ancillary to any of the above or as a primary use. For-profit facilities as primary use are subject to further requirements and additional criteria as outlined in Section (F) below. 8. Private schools that are ancillary to any of the above; 9. Interim uses, subject to the findings outlined in 19.48.025 (E). 10. Recreational facilities, such as ball fields, for non-profit organizations serving the local communiiy, subject to the requirements outlined in 19.48.004(B)(6)(d). D. Criteria outlining the siting, property development standards, auld operational paran~eters such as location building setbacks, maintenance and design, and hours of operation, shall be incorporated into the SPA's Planned Contrnunity District Regulations. E. Findings. Approval of interim uses on CPF-designated sites shall require that the approval authority make certain findings, as outlined herein: Conditional Interim Uses Permitted After five Years. The city council, upon receiving the advice and recommendation of the planning commission may, after five years of non-use as a community purpose facility after the issuance of the first certificate of occupancy on a structure in SPA Plan areas, in accordance with the (R 11/00) 2 procedures for issuance of conditional use permits contained in Chapter 19.14 of this Code, conditionally permit interim, non-permanent non-residential uses which are not community purpose facility uses that council finds (1) the interim use to be compatible with the surrounding land uses (2) that the commumty purpose facility use is not imminently likely; and (3) that denial of an interim use would constitute a further hardship to the landowner. If an interim use is permitted by the city council, it shall in no event be terminable within said five year period except upon one year's advance notice of intent to terminate said conditional use permit by the city council. City council shall give such one year notice upon being advised of a sale or lease by at the owner to purchaser or tenant for use as a community-purpose facility. F_. Findings. Approval of for-profit daycare facilities as a pdmary use shall be based upon evidence determined to be sufficient by the City indicating that the CPF site has been marketed for a period of 5 years for CPF land uses (other than for-profit day care) as defined in Section 19;48.025 (C). The Director of Planning and Building may waive this time restriction if the remaining CPF acreage within the same SPA plan consists of at least 4 contiguous acres. _GLO. Review by City Council. For each approved sectional planning area plan on which is designated one or more community purpose facility uses, the City Council shall review said plan annually for the purpose of determining the actual market interest in the purchase or lease of said land so designated and the marketing activity associated therewith. (Ord 2732 §5 (part), 1998). 19.48.040 Application-General development plan required-Contents required. A. The application shall include a general development plan which shall consist of a plan diagram and text. The application shall be accompanied by the Required Fee(s). The plan diagram shall show the following: 1. The topographic character of the land; 2. Any major grading intended; 3. The general location of all existing and proposed uses of the land; 4. The approximate location of all traffic ways; except those solely serving abutting uses; 5. Any public uses, such as schools, parks, playgrounds, open space and undisturbed natural land; and, (R 11/00) 3 6. The approximate location of different residential densities of dwelling types. B. The application shall include a text which indicates: l. Description of the project, including the boundaries and names of proposed sectional plamfing areas; 2. The anticipated sequential development of each section of the development for which specific uses are intended or for which sectional planning area plans will be submitted; 3. The approximate area of each sectional plamfing area of the development and the area of each separate land use; 4. For residential development or residential areas of any P-C zone development: a. The approximate number of dwelling units proposed by type of dwelling. This may be stated as a range with maximum and minimum number of units of each type, b. The approximate total population anticipated in the entire development and in each sectional plaiming area. This may be stated as a range with a maximum and minimum number of persons, c. The general criteria relating to height, open space, and building coverage, d. The number of dwelling units per gross acre proposed for each sectional planning area of the development, e. The approximate land area and number of sites proposed for public use of each type, f. Where appropriate, the approximate retail sales area space in square feet and gross area in acres proposed for conunercial development with standards of off-street parking and landscaping and circulation for vehicles and pedestrians; 5. For commemial or industrial areas of any proposed P-C zone: a. Types of uses proposed in the entire area and each sectional planning area thereof, (R 4 b. Anticipated employment in the entire development and in each sectional planning area thereof. This may be stated as a range, c. Methods proposed to control or limit dangerous or objectionable elements, if any, which may be caused or emitted by proposed uses. Such dangerous or objectionable elements may include fire, explosion, noise or vibration, smoke, dust, odor, or other fom~ of air pollution, heat, cold, dampness, electric or other disturbance, glare, liquid or solid refuse or waste or other substance, condition or element which might adversely affect the surrounding area, d. The approximate standards of height, open space, buffering, landscaping, pedestrian and vehicular circulation, off-street parking and loading proposed for the intended structures or uses; 6. For institutional, recreational or other nonresidential uses of any P-C zone: a. Approximate types of uses proposed in the entire area and each sectional planning area thereof, b. Significant applicable information with respect to enrollment, residence, employment, patients, attendance, and other pertinent social or economic characteristics of development, c. The approximate standards of height, open space, buffering, landscaping, pedestrian and vehicular circulation, off-street parking and loading, proposed for the intended structures or uses. d. Determination of the amount of acreage required to be designated for "community purpose facilities" pursuant to Section 19.48.020(c). Where recreational ball fields are desired as a conditional use in CPF land use districts, a "CPF Master Plan," showing the specific boundaries of the plan and existing and proposed distribution of CPF uses within a SPA, GDP or overall Planned Community shall be considered and approved by the Director of Planning and incorporated as part of the Planned Community's General Development Plan(s), Ball fields shall not utilize more than 25°,/0 35% of the overall SPA, GDP or Planned Community CPF acreage requirement. No park credit shall be granted for recreational ball fields in developments utilizing this option. The CPF Master Plan boundaries may be the SPA, GDP or Pla~med Community boundaries (more than one GDP as deemed appropriate by the Director of Planning. (R ""7 5 (Ord 2732 §5 (part), 1998; Ord 2506 §1 (part), 1992; Ord 2452A §3, 1991; Ord 1854 §5 (part), 1979; Ord 1826 §1 (part), 1978} Ord 1281 §2 (part), 1970; Ord 1212 §1 (part), 1969; prior code §33.520(C)(1)). (r~ ~/oo) '2 ~,~& COUNCIL AGENDA STATEMENT Item ~ Meeting Date 3/27/01 · ITEM TITLE: A) Resolution Approving Final Map of Chula Vista Tract No. 99-03, Eastlake Trails North Neighborhoods TN-3 & TN-7, accepting on behalf of the City of Chula Vista the various public streets and easements, all as granted on said map within said subdivision, and acknowledging on behalf of the City of Chula Vista the irrevocable offers of dedication of fee interests of five lettered lots for open space purposes all as shown on said map within said subdivision, and accepting on behalf of the City of Chula Vista the offsite easements for the public access over Salt Creek future bridge from lot P-2 to the easterly subdivision boundary, and approving the Subdivision Improvement Agreement for the completion of improvements required by said subdivision and authorizing the Mayor to execute said agreement. B) Resolution Approving Supplemental Subdivision Improvement Agreement for Chula Vista Tract No.99-03, Eastlake Trails North Neighborhoods TN-3 & TN-7 requiring The Eastlake Company to comply with certain unfulfilled conditions of Resolution 19447 and authorizing the Mayor to execute said agreement. SUBMITTED BY: Director of Public Works/~ ~2 REVIEWED BY: City Manager ~I~0- (4/Sths Vote: Yes No X ) On May 4, 1999, by Resolution 19447, Council conditionally approved the Tentative Subdivision Map for Chula Vista Tract No. 99-03, Eastlake Trails (see Exhibit 1). The Final Map, Subdivision Improvement Agreement and Supplemental Subdivision Improvement Agreement (see Exhibit 2 and 3) for Eastlake Trails North Neighborhoods TN-3 & TN-7 (total of 142 single family residences) are now before Council for consideration and approval. RECOMMENDATION: That Council adopt the resolutions: (A) Approving the Final Map, and Subdivision Improvement Agreement; and (B) Approving the Supplemental Subdivision improvement Agreement for Eastlake Trails North Neighborhoods TN-3 & TN-7. BOARD/COMMISSIONS RECOMMENDATIONS: Not Applicable DISCUSSION: The project site is irregular in shape and represents a portion of the northwestern area of the EastLake Trails subdivision (see Exhibit 4). The subdivision consists of 141 single family residential lots on 39.714 acres, as follows: Number of Number of Number of private . · Total Number Residential Lots Multifamily Lot open space lots Streets Total of Lots Acreage 147 141(22.186 Ac.) 1(7.02 Ac.) 5(1.519 Ac.) 8.989 Ac. 39.714 Ac. Page 3 Meeting Date 3/27/01 The final map has been reviewed by the Department of Public Works and found to be in substantial conformance with the approved Tentative Map. Approval of the map constitutes acceptance by the City of all easements within the subdivision. Neighborhood TN-7 One lot of this final map is a future condominium site. The Eastlake Company will bring a subsequent map before council to further entitle TN-7 for a condominium development. Open Space The Developer has made irrevocable offers of dedication of fee interests for all the internal open space lot (five lettered lots). The City does not accept these lots because the Home Owner's Association will maintain them. Offsite Easements The Developer has granted, by separate document, the easement necessary for access across the future Salt Creek Bridge crossing from lot P-2 to the easterly subdivision boundary. See Exhibit 5) Satisfied Conditions and Agreements The applicable conditions of Resolution 19447 have been satisfied through the design, grading and improvement plans, the bonding of work, the payment of all applicable fees, granting of easements, and by entering into the proposed Supplemental Subdivision Improvement Agreement (SSIA) and Subdivision Improvement Agreement (SIA). The Developer has executed the SSIA in order to satisfy the outstanding Tentative Map Conditions. The SSIA requires Eastlake to construct a future community trail over salt creek to connect to the adjacent community to the east, Eastlake Vistas. The developer has already provided separate security bonds for the construction of this improvement and it should be completed within two years form the approval date of the agreement. The developer has also agreed to submit plans for the design and construction of the bridge structure and obtain approval of the City Engineer and the Director of Parks and Recreation within 120 days of the approval of this agreement. The Developer has also executed a Subdivision Improvement Agreement (SIA) and has provided bonds to guarantee the installation of surveying monuments and all the onsite facilities (i.e. street, sewer, drainage, etc) serving the proposed subdivision. FISCAL IMPACT: None to the General Fund. Developer deposits will cover all staff costs associated with processing subject final map and agreements. Exhibits: 1 ) Resolution 19447 (Tentative Map Conditions) 2) Subdivision Improvement Agreement (SIA) 3) Supplemental Subdivision Improvement Agreement (SSIA) 4) TN-3 & TN-7, Vicinity Map 5) Offsite Easement Location 6) Developer's Disclosure Statement H:\ HOM E\ENG INEER\LAN DDEV\Trails North\3-7\CASFMTn37_a3 my.doc RESOLUTION NO. 19447 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND ADDENDUM TO FSEIR 97-04 (EASTLAKE TRAILS/GREENS RE-PLANNING PROGRAM), INDEMNIFICATION AGREEMENT AND ESTABLISHING CONDITIONS OF THE TENTATIVE SUBDIVISION MAP FOR EASTLAKE TRAILS, CHULA VISTA TRACT 99-03. I. RECITALS A. Project Site WHEREAS, the area of land which is the subject matter of this resolution is diagrammatically represented in Exhibit A-1 through A-5,.copies of which are on file in the Office of the City Clerk, incorporated herein by this reference, and commonly known as Eastlake Traits Tentative Subdivision Map, Chula Vista Tract 99-03; and for the purpose of general description herein consists of 322.8 gross acres located on the east side of Hunte Parkway between Otay Lakes Road and the future alignment of Olympic Parkway, within the Eastlake Planned Community ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on October 8, 1998, The Eastlake Company ("Developer") filed a tentative subdivision map application with the Planning and Building Department of the City of Chula Vista requesting approval of the Tentative Subdivision Map for Eastlake, Trails, Chula Vista Tract 99-03 in order to subdivide the Project Site into seven hundred forty nine (749) residential lots; four super Jots with capacity for 394 dwelling units; three (3) open space lots (OS-1 through OS~3), three (3) park Jots (P-1 through P-3), school site (S-1); community purpose facility site (CPF); and various special lots (i.e. slope lots) throughout the subdivision ("Project"); and C. Prior Discretionary Approvals WHEREAS, the development of. the Project Site has been the subject matter of various entitlements and agreements, including: 1 ) a General Development Plan, Eastlake II (Eastlake I Expansion) General Development Plan previously approved by City Council Resolution No. 15198 ("GDP") and amended by City Council Resolution No. 19275 on November 24, 1998; 2) the Eastlake Trails Sectional Planning Area Plan ("SPA"); 3) Eastlake Trails Air Quality Improvement Plan (AQIP); 4) Eastlake Trails Water Conservation Plan (WCP); 5) Eastlake Trails Planned Community District Regulations; 6) Eastlake Trails Design Guidelines; 7) Eastlake Trails Public Facilities Financing Plan; and 8) Eastlake Comprehensive Affordable Housing Program, all previously approved by City Council Resolution No. 19275, and Ordinance 2765 on November 24, 1998; 8) Eastlake III Development Agreement, approved on February 27, 1999; and 9) Eastlake Park Agreement, approved on August 8, 1998; 10) Escrow Agreement, approved on March 26, 1996; and D. Planning Commission Record on Application Res¢~tion 19447 Page 3 The City Council finds that Addendum to FSEIR-97-04 reflects the independent judgment of the City Council of the City of Chula Vista and hereby adopts the Addendum to FSEIR 97-04 (Eastlake Trails/Greens Replanning Program). VI. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the S~Jbdivision Map Act, the City Council finds that the Tentative Subdivision Map as conditioned herein for Eastlake Trails, Chula Vista Tract No. 99-03 is in conformance with the elements of the City's General Plan, based on the following: a. Land Use The Eastlake Trails Sectional Planning Area (SPA) plan provides for Low (0-3 du/ac), Low Medium (3-6 du/ac), and Medium (6-11 du/ac) residential densities, as well as Parks (P), Open Space (OS),. Public Quasi-public support (PQ) land uses for 1143 dwelling units (5.1 du/ac.). The proposed subdivision incorporates a variety of lot sizes within the density range allowed by the SPA and other lots to satisfy the park dedication and Community Purpose Facilities (CPF) requirements. Thus, the Project as conditioned, is in substantial compliance with the Eastlake II GDP and Eastlake Trai!s SPA. b, Circulation All on-site and off-site public streets required to serve the subdivision will be constructed or DIF fees paid by the developer in accordance with the Eastlake Trails Public Facilities Financing Plan. The public streets within the Project will be designed per City design standards and/or requirements, The westerly .adjoining street system was designed to handle the anticipated flow of traffic from this and other area projects. The required and anticipated off-site improvements would be designed to handle this Project and future proiects in the area. The Eastlake Comprehensive Affordable Housing Program has been adopted and incorporated into the Eastlake Trails SPA Plan to ensure that a minimum ef ten percent affordable housing is provided. In addition, a mix of housing types and lot sizes for single-family, townhouses, condominium and various apartment densities will also be provided for persons of various incomes. d. Conservation The Environmental Impact Report FSEIR-97-04 and Addendum addressed the goals and policies of the Conservation Element of the General Plan and found the development of this site to be consistent with these goals and policies. Resolution 19447 Page 5 C. The configuration, ori0ntation and topography of the site partially allows for the optimum setting of lots for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. D. Tho site is physically suitable for residential development and the proposal conforms to all standards established b¥ the Cit¥ for such proiects. F. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by tho proposed development. BI: IT FURTHI:R RI:SOLVED that the City Council does hereb¥ approve the Proioct subiect to the general and special conditions set forth below. VII. GENERAL CONDITIONS OF APPROVAL A. Project Site is Improved with Project Developer, or their successors in interest, shall improve the Project Site with the Project as described in Tentative Subdivision Map, Chula Vista Tract 99-03 and FSEIR-97-04 and Addendum, except as modified by this Resolution. B. Implement Mitigation Measures Developer shall diligently implement, or cause the implementation of all mitigation measures pertaining to the Project identified in the Final Subsequent Environmental Impact Report for Eastlake Trails, FSEIR-97-04 and Addendum. Any such measures not satisfied by a specific condition of this Resolution or by the project design shall be implemented to the satisfaction of the Director of Planning and Building. Mitigation Measures shall be monitored via the Mitigation Monitoring Program approved in conjunction with the FSEIR and Addendum. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning and Building should changes in the circumstances warrant such revision. C. Implement previously adopted conditions of approval pertinent to project Unless otherwise conditioned, comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of this Tentative Map, of: 1) The Eastlake II General Development Plan (GDP); 2) Eastlake Trails Sectional Planning Area (SPA) Plan; 3) Eastlake Trails Planned Community District Regulations; 4) Eastlake Trails Design Guidelines; 5) Eastlake Trails Public Facilities Financing Plan; 6) Eastlake Trails Water Conservation Plan; 7) Eastlake Trails Air Quality Improvement Plan; 8) Eastlake Trails Sub-area Water Master Plan; and 9) Eastlake Trails Waste Water Master Plan, all approved by the Council on November 24, 1999, Resolution No. 19275 ("Plans"), prior to approval of the corresponding Final Map. As an alternative, the Developer shall entered into an agreement with the City, providing the City with such security (including recordation of covenants running with the land) and implementation procedures as the City may require. Aisc assuring that, after approval of the Final Map, the developer wilt continue to comply, remain in compliance, and" implement such Plans. The Developer shall also agree to waive any claim that the adoption Resolution 19447 Page 7 -~, .-J TABLE A STREET IMPROVEMENTS I Clubhouse Hunte Parkway to Street "A" First Final Map Drive Initial Phase 2 Clubhouse Street "A" to easterly terminus with First Final Map Drive Street "B" Initial Phase 3 Hunte Otay Lakes Road to Clubhouse First Final Map Parkway Drive Remaining Phase 4 Hunte Clubhouse Drive to Oak Springs First Final Map Parkway Drive Initial Phase 5 Hunte Oak Springs Orive to Olympic First Final Map Parkway Parkway Initial Phase 6 Olympic SR-125 to Hunte Parkway First Final Map Parkway Initial Phase 7 Olympic Hunte Parkway to Wueste Road Under construction. Completion Parkway date February 2001 $ Otay Lakes Hunte Parkway to easterly First Final Map Road subdivision boundary Remaining Phase 9 Street"A" Clubhouse Drive to Street "L" First Final Map Initial Phase 10 Street "A" Hunte Parkway to Street "A" First Final Map Initial Phase a. FACILITY NO. 1 Construct Clubhouse Drive to the designed full-width street improvements, as approved by the City Engineer, and include an 8-foot meandering decomposed granite walkway on the north side of the street and an 8-foot meandering concrete walkway on the south side of the street. The timing for completion of improvement construction shall be prior to the opening of the p~'oposed Eastlake Trails elementary school site which is scheduled to open the first quarter of the Year 2000. (Engineering) b. FACILITY NO. 2 Construct Clubhouse Drive to the designed full-width street improvements, as approved by the City Engineer, and include an 8-foot meandering decomposed granite walkway on the north side of the street and an 8-foot meandering concrete walkway on south side of the street. (Engineering) Resolution 19447 Page 9 street improvements was posted by American Casualty Company of Reading, Pennsylvania on May 21, 1998, and the bond number issued to the securities is 158541752. An approved set of improvement plans for the subject ultimate street improvements does not currently exist, however, approval of such plans is anticipated in the near future. Due to the absence of approved plans, a cont:ingency factor of 50% was added to the estimated cost of the subject street improvements and this contingency was accounted for in the posted bond amount. (Engineering) g. FACILITY NO. 7 Olympic Parkway was initially designed, as an interim condition, to be a four- lane roadway from Hunte Parkway to Wueste Road. Construction security for material and labor and faithful performance for the four-lane improvements was posted by American Casualty Company of Reading, Pennsylvania on July 23, 1998, and a Construction Permit for the improvement work of the interim condition was issued on November 6, 1998. The City of Chula Vista drawing numbers corresponding to said securities and Construction Permit are 91-44 through 91-57 and the bond number issued to the securities is 158541783. Subsequent to the interim four-lane roadway design approval; but prior to commencement of any fourJane improvement work, a Construction Change was performed on the aforementioned drawings that resulted in the ultimate design of Olympic Parkway as a six-lane prime arterial. The additional costs associated with constructing the six-lane roadway was secured separately by the same surety company on February 4, 1999. The bond number corresponding to the material and labor and faithful performance of the additional improvement work is 158541878. It is anticipated that a Construction Permit for the six-lane improvement work will be issued in the near future. Any right-of-way needed to construct this portion of Olympic Parkway shall be granted to the City on the first Final Map of the Initial Phase. The meandering decomposed granite walkway proposed along the frontage of the Eastlake Trails southern boundary (northern side of the Olympic Parkway centerline) shall be lO-feet wide. (Engineering) h. FACILITY NO. 8 Construct Otay Lakes Road as a full-width six lane prime arterial along the entire frontage of the Eastlake Trails northern subdivision boundary with transitions to the existing roadway easterly of the eastern subdivision boundary. All off-site and on-site right-of-way needed to construct the eastbound transition and the ultimate street improvements, respectively, shall be granted prior to approval of the Remaining Phase first Final Map. The schedule for construction of the above improvements shall be determined or approved by the City Engineer prior to approval of the aforementioned final map. Resolution 19447 Page 11 d. Paved roadways along the entire perimeter of the proposed elementary school site to allow for two-way traffic and comply with the Fire and Police Department requirements. (Engineering) 8. Obtain approval from the City Engineer for street light locations. (Engineering) 9. Construct sidewalk widths and pedestrian ramps on all walkways to meet or exceed the "Americans with Disabilities Act" (ADA) and City standards. (Engineering 10. Obtain approval from the City Engineer for the design and construction of raised medians on Otay Lakes Road, Clubhouse Drive, King Creek Way and Oak Springs Drive in conjunction with improvement plans for each of these streets. (Engineering) 11. Provide a letter from the Otay Water District indicating that the subdivision will be provided with adequate water service and long term water storage facilities. (Engineering, Planning) 12. Design and construct all street intersections that are at or near horizontal and vertical curves to meet the sight distance requirements prescribed in the City standards. (Engineering) 13. Provide minimum 5-foot wide bicycle lanes on the following streets: a. Oak Springs Drive - from Hunte Parkway to Street "A." b. King Creek Way - from Hunte Parkway to Street "BB" / Street "CC." c. Clubhouse Drive - from Hunte Parkway to easterly terminus at Street "B." (Engineering) 14. Acquire and then grant to the City all off-site rights-of-way necessary for the installation of required street improvements for the affected phase prior to approval of the corresponding Final Map./Engineering) 15. Notify the City at least sixty days prior to City Council consideration of the affected Final Map, if off-site right-of-way cannot be obtained as required above (Only off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition). After said notification and prior to the approval of the affected Final Map, the developer shall: a. Pay the full cost of acquiring off-site right-of-way or easements required by the Tentative Map conditions of approval. b. Deposit with the City the estimated cost of acquiring said right-of-way or easements. The amount of the deposit is subject to the approval of the City Engineer. c. Prepare and submit all easement and/or right-of-way documents, plats and appraisals necessary to commence condemnation proceedings. Resolution 19447 Page 13 24. Accomplish storm drain design on the basis of the requirements of' the Subdivision Manual and the Grading Ordinance ( #1797 as amended). (Engineering) 25. Provide graded access to all storm drain clean outs or as otherwise approved by the City Engineer. (Engineering) 26. Design the storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution; satisfactory to the City Engineer. (Engineering) 27. Designate on the plans as private, to the point of connection with the public system, all storm drain systems that collect water from private property. (Engineering) 28. Design and construct storm drain cleanouts to not be located on slopes or in inaccessible areas for maintenance equipment. (Engineering) 29. Designate as private and maintain by a Home Owner's Association the storm drain between lots 117 and 118 in neighborhood TN-3. Include in the CC&R's conditions and restrictions to assure proper maintenance. (Engineering) 30. Design and construct all public storm drains as close to perpendicular to the slope contours as possible but in no case greater than 15 degrees from perpendicular to the contours· (Engineering) 31. Designate as private and maintain by a Home Owner's Association all storm drain clean outs carrying private property water and determined by the City to be in areas inaccessible for maintenance equipment. Include in the CC&R's conditions and restrictions to assure proper maintenance· (Engineering) 32. Design and construct brow ditches to not flow over a slope greater than ten-feet in height and steeper than a 3:1. Drainage shall be collected in an inlet and carried to the bottom of the slope in an underground storm drain.: (Engineering) 33. Provide runoff detention facilities or demonstrate the adequacy of existing detention facilities, to be approved by the City Engineer, to assure that the maximum allowable discharges after development do not exceed pre-development discharges. The developer also needs to provide for the future maintenance of the facilities via the landscaping maintenance district. (Engineering) 34. Design and construct local storm drain system to prevent discharge into the proposed private park lake (lot P-2). (Engineering) 35. Provide energy dissipators at all storm drain outlets as required by the City Engineer to maintain non-erosive flow velocities. (Engineering) · ~ 36. Request, if necessary, that the Federal Emergency Management Agency (FEMA) revise ·" the effective Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) report for the area influenced by the Eastlake Trails project. A revision may be warranted for the project area due to improvements to Salt Creek and the possibility of proposed" residential units for the project currently being shown within a flood zone. (Engineering) Resolution 19447 Page 15 b. The installation of an approved special slope planting program and irrigation system; and c. A "Minor Slope" is defined as a slope four (4) feet or less in vertical dimension in either cut or fill, between single family lots and not parallel to any roadway. (Engineering) 46. Enter into an agreement with the City wherein the City is held harmless from any liability from erosion, siltation or increase in flow of drainage resulting from this project.(Engineering, Planning) SEWER 47, Design all sewer access points (manholes) to be located at street centedine or at the center of a travel lane or as otherwise approved by the City Engineer. (Engineering) 48. Provide a sewer profile study for all deep "Local" and "Trunk" sewer lines (15-feet in depth or greater) which indicates that no other feasible alternative exists except for deep sewer lines, If the profile study is approved by the City Engineer, the deep sewer lines will be permitted for construction. (Engineering] 49. Install parallel sewer lines for sewer lines greater than 15-feet in depth if lateral lines are to be connected to these lines unless otherwise approved by the City Engineer. For sewer lines greater than 20-feet in depth, C900 P.V.C. shall be used from manhole to manhole. (Engineering] 50. Submit a letter of credit, prior to recordation of the subdivision Final Map for said lot, for all sanitary sewer facilities required for development of any lot subiect to Telegraph Canyon Sewer Pumped Flows DIF. (Engineering) 51. Pay in full, prior to recordation of the subdivision Final Map for said lot, all sanitary sewer facilities required for development of any lot subject to Salt Creek Sewer Basin DIF, (Engineering) 52. Provide improved access to all sewer manholes to withstand H-20 wheel load or other loading as approved by the City Engineer. (Engineering) 53. Design and construct sewer access points to not be located on slopes or in inaccessible areas for maintenance equipment. (Engineering) 54. Provide sewer manholes at all changes of alignment of 'grade. Sewers serving ten or less equivalent dwelling units shall have a minimum grade of 1 percent. (Engineering) 55. Design and construct all sewers ending in a cul-de-sac with a manhole placed at the center of the cul-de-sac, unless otherwise approved by the City Engineer. (Engineering) 56. Provide for the costs associated with the maintenance and the potential upgrading of the sewer pump station located at 2660 Otay Lakes Road in accordance with the agreement between the City, Pacific Bay Homes and The Eastlake Company, dated January 20, 1998. (Engineering] Resolution 19447 Page 17 preclude interior noise levels over 45 dBA and exterior noise exposdre over 65 dBA. The developer shall implement all mitigation measures recommended in the noise study to reduce noise impacts. (Planning) 63. Agree to participate in a regional or sub-regional multi-species coastal sage scrub conservation plan prior to approval of the Initial Phase first Final Map. /Planning) 64. Enter into an agreement with the City to provide affordable housing units as specified in the adopted Eastlake Comprehensive Affordable Housing Program prior to approval of the first Final Map. (Community Development) OPEN SPACE/ASSESSMENTS 65. Grant Irrevocable Offers of Dedication (IOD) on the Final Map for Open Space lots within the subdivision. (Engineering) 66. Either a Home Owner's Association (HOA) or a Community Facilities District shal~ maintain street medians and environmental open space lots. If the formation of a Community Facilities District (CFD) is selected for the maintenance of street medians and/or environmental open space lots (OS-1), Developer shall request that the City form a Community Facilities Oistrict, prior to approval of the first Final Map of the Initial phase, and submit an application packet for the formation of said The Packet shall include, but is not limited to, associated diagrams, cost estimate, description of work and a deposit in the amount determined by the City Engineer at the time of submittal for processing the formation of the Community Facilities District. If the HOA is formed to provide maintenance to the environmental lot OS-1 and other lots, structure the HOA maintenance program, including maintenance crew qualifications and other contractual arrangements to the satisfaction of the Director of Planning and Building. (Engineering, Planning) 67. Pay for all costs associated with the preparation of an Engineer's Report and establishment of a Community Facilities District ! Open Space Maintenance District for the maintenance of all open spaces which will not be maintained by private property owners or a Home Owner's Association. /Engineering, Planning) 68. Provide a plan for the City's approval that includes the acreage, landscaping code for each open space area, the proposed means of maintaining the area and the cost per year for the perpetual maintenance of maintaining improvements within CFD maintained open space lots. (Engineering, Planning) 69. Conform to the design elements of the City's Landscape Manual for all landscaping which falls within the maintenance responsibility of the Community Facilities District. /Engineering, Planning) 70. Establish a Home Owner's Association (HOA) t(J provide for the perpetual maintenance '~ of, but not limited to, private open space lots, slope areas, landscape and irrigation , ~ including perimeter wall within open space ~ots, public street improvements and medians and parkways on Clubhouse Drive, King Creek Way and Oak Springs Drive prior to the approval of the associated Final Map. (Engineering, Planning) Resolution 19447 Page 19 77. Submit all Special Tax and Assessment disclosure forms for each ~odel size or EDU for the approval of the City Engineer. /£ngineering) 78. Comply with the terms and conditions of the Acquisition/Financing Agreement for Assessment District 94-1, CO 94-064, approved by Council Resolution 17483 as said terms and conditions may be applicable to this development. (Engineering) 79. Design and construct all of the utilities that service open space within the limits of the open space or dedicated City right-of-way. (Engineering). 80. Agree that walls which are located within open space shall have owners of adjoining lots sign a statement when purchasing their homes that they are aware that the wall is on Open Space property and that they may not modify or supplement the wall or encroach onto Open Space property. These restrictions shall be reflected in the project CC&R's, and a copy of said restrictions shall be provided to the City for its approval. (Engineering, Planning) 81. Prior to the issuance of the 50th building permit for the Project, enter into the City's standard three party Agreement with the City of Chula Vista and a landscape architecture consulting firm for the preparation and processing of the Project's Community Park Master Ptan (P-1 & P-3.). (Planning) 82. Prior to the issuance of the 350~h building permit for the Project, prepare, submit and obtain the approval from the Director of Planning and Building for the Project's Community Park Master Plan (P-1 and P-3.) The Community Park Master Plan shall include facilities and amenities prescribed in the forthcoming City-wide Parks Master Plan as adopted by City Council. In the event that the forthcoming City-wide Parks Master Plan is not adopted before the community park design begins, the Director of Planning and Building shall determine the appropriate park facilities for the community park. (P/arming! 83. Design, construct and dedicate park facilities as prescribed in the following park development phasing program: a. Obtain the necessary City approvals and complete park master plan construction documents prior to approval of the 600th building permit b. Select contractors, as approved by the Director of Planning and Building, and begin grading and construction of the community park, including all facilities and amenities, prior to the issuance of the 650th building permit. c, All improvements to the community park, as defined by the Approved construction documents, shall be completed to the satisfaction and approval of the Director of Planning and Building prior to the issuance of the 780th building permit. d. Provide maintenance of the completed community park for a period of one-year from the completion of the park to acceptance of the facility by the City Resolution 19447 Page 21 90. Pay the land acquisition portion of the PAD fee for the Initial Phase of the Eastlake Trails subdivision, which consists of 626 dwelling units, prior to the recordation of the first final map for the Initial Phase (approximately $1,315,530). Developer also shall pay the Eastlake III Development Agreement advance PAD fee of $1, 522,000 (Adjusted by ENR index from the effective day of the Agreement to the time of payment) prior to the recordation of the first final map for the Initial Phase. The land acquisition portion of the PAD fee ($1,315,530) shall be decreased so that the sum of the park land acquisition portion of the PAD fee and the advance PAD fee stipulated in the above mentioned Eastlake III Development Agreement, does not exceed the total PAD fees required for the number of units in the Initial Phase. However, the applicant may elect to make an irrevocable offer to dedicate the community park parcels P-1 and P-3 as depicted in the tentative map, Chula Vista Tract 99-03, in lieu of the above park land acquisition fee stipulated above. (Planning). EASEMENTS 91. Grant on the corresponding Final Map minimum 15-foot wide easements to the City of Chula Vista, as required by the City Engineer, for construction and maintenance of sewer facilities. IEngineering) 92. Grant on the corresponding Final Map minimum 15-foot wide easements to 'the City of Chula Vista, as required by the City Engineer, for construction and maintenance of storm drain facilities. (Engineering) 93. Grant on the corresponding Final Map lO-foot wide general utility easements, as required by the City Engineer, along street right-of-way adjacent to open space lots. (Engineering) 94. Grant easements for all off-site public storm drains and sewer facilities prior to approval of any Final Map requiring those facilities. The easements shall be the size as required by City standards unless otherwise approved. IEngineering) 95. Grant 20-foot landscape buffer easements adjacent to Otay Lakes Road and Olympic Parkway. (Engineering) 96. Grant to the City on the corresponding Final Map easements along all public streets within the subdivision as shown on the tentative map and in accordance with City standards unless otherwise approved by the City Engineer and the Director of Planning and Building. (Engineering, Planning) 97. Dedicate for public use all the streets shown on the subject tentative map within the subdivision boundary, except private streets. (Engineering) 98. Grant to the City a drainage and access easement, as determined by the City Engineer, across the proposed private access that connects lot P-2 (Private Park) to the easterly subdivision boundary. (Engineering) Resolution 19447 Page 23 .) 8b 8' meandering D.G. walkways on N. side of Clubhouse Dr. Approved None and E. side of "B" / "BB" Streets and 10' meaodering D.G. Walkway on N. Side of Olympic Parkway. 9 Medians on Clubhouse Dr., King Creek Way and Oak Approved None Springs Dr. 10 Street intersections within horizontal curves or within 100' *Approved None tangents of horizontal curves. 11 Sewer Laterals Deeper Than 15' in Depth. Not May be approved 13,/ Approved City Engineer at the time that impzovement plans are submitted for 12 Slope Rounding and Bench Per Detail on Tentative Map and Approved None 3' Bench with No Slope Rour~ding at Slopes North of Oak Springs Dr. and North of Olympic Parkway. 13 Maximum height from top of wood fence to top of wall Approved None footing is 8.5' if on property li~e. If greater than 8.5', a 4' separation between wood fence and wall is required. The following lots are exceptions: TS2-10, TS3-121, TS6-5 and 46. * The City's approval of the waiver request is contingent upon submittal of a letter from applicants Engineer-of-Work explaining that. in their professional opinion, no public safety issues will be compromised. (Engineering, Planning) 100. Submit "as-built" improvement and grading plans as required by the City Subdivision Manual. Additionally, provide the City said plans in a digital D.X.F. fife format. (Engineering) 101. Submit a copy of each subdivision in a digital D.X.F. file format prior to approval of its associated Final Map or as requested by the City Engineer. The digital file shall be based on accurate coordinate geometry calculations and the NAD 83 State Plane Coordinate System. The digital file shall specifically include each of the following items in a separate drawing layer: a. Lot Boundaries, b. Lot Numbers, c. Subdivision Boundary, d. Right-of-Way, e. Street Centerlines, and f. Approved Street Names. Submit the digital file in accordance with City Guidelines for Digital Submittal on 3 ¼" .~ disks or as otherwise approved by the City Engineer. In addition, submit as-built grading and improvement plans in a digital D.X.F. file format. Provide security to guarantee the ultimate submittal of grading and improvement digital files. Update ' electronic files after any construction pen and ink changes to the grading or improvement plans and resubmit to the City. (Engineering) Resolution 19447 Page 25 1 I 1. The Developer agrees that the City may withhold building permits for l)ny of the phases of development identified in the Public Facilities Financing Plan (PFFP) if the required public facilities, as identified in the PFFP or as amended or otherwise conditioned, have not been completed or constructed to satisfaction of the Director of Planning and Building and City Engineer. The property owner may propose changes in the timing and sequencing of the development and the construction of improvements affected. In such cases, the PFFP may be amended az approved by the Director of Planning and Building. (Engineering, Planning) 112. Provide the City with a copy of the disclosure to homeowners of cost associated with Mello-Roos assessment and open space districts as require by Ordinance 2275, prior to approval of the first Final Map. (Planning) 113. Submit and obtain Design Review approval for neighborhoods TS-4, TS-5, and TS-6 prior to approval of the Final Map containing these neighborhoods. The following minimum lot dimension and lot area are established for these neighborhoods. Minor deviations may be made during the Design Review process provided the minimum standards are maintained as an avera§e: TS 4 TS-5 TS-6 Min. lot width: 50 ft. 45 ft. 50 ft. Min. lot depth: 90 ft- 90 ft 55 ft. Min. lot area 4,500 sq. fr. 3,150 sq. fr. 2,750 sq. ft. Cul-de-sac lot 35 fr 35 ft. N/A width (Planning) 114-, Contract with the City's current street sweeping franchisee, or other server approved by the Director of Public Works to provide street sweeping for each phase of development on a frequency and level of service comparable to that provided for similar areas of the City. The developer shall cause street sweeping to commence immediately after the final residence, in each phase, is occupied and shall continue sweeping until such time that the City has accepted the street or sixty days after completion of all punch list items, whichever is shorter. The developer shall also provide the City Conservation Coordinator with a copy of the memo requesting street sweeping service, The memo shall include a map of areas to be swept and the date the sweeping will begin. (Engineering/Conservation Coordinator) 115. Provide the Initial Cycle of fire management/brush clearance within ~ots adjacent to natural open space areas subject to approval by the Fire Marshal and Director of Planning and Building. (Fire) " 116. Install fire hydrants every 500-feet for single family residential units and every 300 ft. for multi-family residential units. Install and make operable the hydrants and 20-foot . fire access roads prior to delivery of combustible building materials. (Fire) Resolution 19447 Page 27 Prior to issuance of the first building permit: The Transportation and Public Facilities Development Impact Fees. a. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees· d. SR-125 impact fee. e. Telegraph Canyon Pump Sewer Fee. f, Salt Creek Sewer Basin Fee. (Planning, Parks & Engineering) 124. Comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The developer shall be responsible for providing all required testing and documentation to demonstration said compliance as required by the City Engineer. (Engineering, Planning) 125. Design all dwelling units to preclude interior noise levels over 45 dBA and shield all exterior private open space to limit noise exposure to 65 dBA. (Planning) 126. Comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA) as set forth in the National Pollutant Discharge Elimination System (N.P.D.E.S.) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the N.P.D.E.S. regulations or requirements. Further, the applicant shall file notice of intent with the State Water Resources Control Board to obtain coverage under the N.P.D.E.S. General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. (Engineering) IX. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. Resolution 19447 Page 29 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 4"~ day of May, 1999, by the following vote: AYES: Councilmembers: Davis, Moot, Padilla, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Shirley HorJ~n, Mayor ATTEST: Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 19447 was duly passed, approved, and adopted bY the City Council at a regular meeting of the Chula Vista City Council held on the 4'h day of May, 1999. Executed this 4~ day of May, 1999. Susan Bigelow, City Clerk 3/7/0] RECORDING REQUEST BY: City Clerk WHEN RECORDED MAIL TO: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Developer Above Space for Recorder's Use SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 99-03 EASTLAKE TRAILS NEIGHBORHOODS TN-3 & TN-7 (Conditions 9,17, 18, 21,22,29, 31,36, 37, 46, 57, 58, 59, 60, 62,69,70, 71,73, 74, 78, 79, 80, 81, 82, 83, 86, 89, 100, 103, 104, 105, 106, 108, 111,114, 115, 116, 118, 121,123, 124 and 126 of Resolution 19447 for Chula Vista Tract No. 99-03, Eastlake Trails) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this day of ,2000, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for recording purposes only) and THE EASTLAKE COMPANY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ("Developer" or "Grantor"), with reference to the facts set forth below, which recitals constitute a par[ of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" and as shown on Exhibit "B" attached hereto and incorporated herein ("Property"). The Property is referred to as EastLake Trails Neighborhoods TN-3 & TN-7, Chula Vista Tract No. 99-03. For purposes of this Agreement the term "Project" shall mean "Property". For the purposes of this agreement, "Eastlake Trails Development" shall refer to the Tentative Map for Eastlake Trails C.V.T. 99-03, approved by City Council on May4, DRAFT 3/'7/01 1999 by Resolution 'i9447. B. Developer is the owner of the Property. G. Developer has applied for and the Gity has approved a Tentative Subdivision Map commonly referred to as (:;hula Vista Tract No. 99~03, Eastlake Trails, ("Tentative Subdivision Map") for the subdivision of the Property. D. The Gity has adopted Resolution 19447 ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. E. Gity is willing, on the premises, security, terms and conditions herein contained to approve the final map for which Developer has applied ("Final Map") as being in substantial conformance with the Tentative Subdivision Map described in this Agreement. Developer understands that subsequent final maps may be subject to the same conditions. F. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: a. "Gomplete Gonstruction' means when construction of required improvements has been completed and accepted by the Git¥. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Agreement Applicable to Subsequent Owners. 1.1 Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property until released by the mutual consent of the parties. 1.2 Agreement Runs with the [.and. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this agreement and the covenants 2 DRAFT 3/7/01 may be entitled. a. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project, Developer may have the right to obtain a release of any of Developer's bbligations under this Agreement, provided Developer obtains the prior written consent of the City to such release. Such assignment shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the reasonable satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. b. Partial Release of Developer's Assignees. If Developer assigns any portion of the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement and such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. c. Implement Mitigation Measures. Developershalldiligentlyimplement, or cause the implementation of all mitigation measures pertaining to the Project identified in the Final Subsequent Environmental Impact Report for the EastLake Trails/Greens Replanning Program, EIR #97-04. Any such measures not satisfied by a specific condition or by the project design shall be implemented to the satisfaction of the Director of Planning and Building. Mitigation Measures shall be monitored via the Mitigation Monitoring Program approved in conjunction with the Mitigated Negative Declaration and Addendum. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning and Building should changes in the circumstances warrant such revision. d. Implement Previously Adopted Conditions of Approval Pertinent to Project. Unless otherwise conditioned, comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of this Agreement, of 1) a pdor General Development Plan resulting in the current land use designations as shown on the EastLake II General Development Plan, previously approved by City Council Resolution No. 15198; 2) The EastLake Trails Sectional Planning Area (SPA) Plan, previously approved by Resolution 19275 on November 24, 1998, 3) EastLake II (EastLake I expansion) Planned Community District Regulations and Land Use District Map, previously approved by Ordinance No. 2765 on December 8, 1998 and 4) EastLake Trails Master Tentative Subdivision Map (TSM 99-03) which was approved by DRAFT 3/7/01 Resolution No. 19447 on May 4, 1999. e. Implement the Public Facilities Financing Plan. Developer shall install public facilities in accordance with the EastLake Trails SPA Public Facilities Financing Plan, approved by Resolution No. 19666 as amended or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Planning and Building Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. 2. Condition No. 9 of Resolution 19447 (ADA Standards). In satisfaction of Condition No. 9 of Resolution 19447, the Developer Agrees to construct sidewalk widths and pedestrian ramps on all walkways to meet or exceed the "Americans with Disabilities Act"(ADA) and City Standards. 3. Condition No. 17 of Resolution 19447 (Deceleration Lane). In satisfaction of Condition No. 17 of Resolution 19447, the Developer agrees to provide an interim eastbound deceleration lane along Otay Lakes Road for the entrance to park site (P-3) concurrent with the completion of P-3 if the ultimate south half street improvements for Otay Lakes Road are not completed at that time. 4. Condition No. 18 of Resolution 19447 (Greenbelt Trail Traffic Device). In satisfaction of Condition No. 18 of Resolution 19447, the Developer agrees to provide interim traffic control devices, as required by the City Engineer, to detour pedestrian traffic to the nearest street crossing if signalized pedestrian crossing is not available when the greenbelt trail is completed and connected to Otay Lakes Road and Olympic Parkway. 5. Condition No. 21 of Resolution 19447 (Street Lights on Traffic Signal Poles). In satisfaction of Condition No. 21 of Resolution 19447, the Developer agrees to install upon the request and to the satisfaction of the City engineer, steet lights on traffic signal poles at the intersection of Hunte Parkway with Clubhouse Drive, King creek Way and Oak Springs Drive. 6. Condition No. 22 of Resolution 19447 (Traffic signal standards). In satisfaction of Condition No. 21 of Resolution 19447, the Developer agrees to Design and construct underground traffic signal equipment and traffic signal standards at the location determined by the City Engineer 7. Condition No. 29 of Resolution 19447 (Private Storm Drain). In satisfaction of Condition No. 29 of Resolution 19447, the Developer agrees to designate as private and maintain by a HOA the storm drain between lots 117 and 118 in Neighborhood TN-3. Developer further agrees to include in the CC&R's conditions and restrictions to assure proper maintenance. 4 DRAFT 3/7/01 8. Condition No. 31 of Resolution 19447 (Private Storm Drain Clean Outs). In satisfaction of Condition No. 31 of Resolution 19447, the Developer agrees to designate as private and maintain by a Home Owner's Association all storm drain clean outs carrying private property water and determined by the City to be in areas inaccessible for maintenance equipment. Developer further agrees to include in the CC&R's conditions and restrictions to assure proper maintenance. Condition No. 36 of Resolution 19447 (FEMA). In satisfaction of Condition No. 36 of Resolution 19447, the Developer agrees to request that the Federal Emergency Management Agency (FEMA) revise the effective Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) report for the Salt Creek area influenced by the Eastlake Trails Development, all at its own expense, without any cost to the City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer. Developer further agrees to submit the application at the request and to the satisfaction of the City Engineer and to finalize the process, for this amendment within the time frame set forward by the City Engineer. Developer shall conform to and abide by all of the provisions of the ordinances, standards and policies of the City of Chula Vista, the laws of the State of California and federal law as applicable to said work. in partial satisfaction of the condition the developer has posted a $5,000.00 cash bond for application fees and has submitted a Letter of Credit in the amount of $20,000.00 to secure the engineering fees required to prepare said application. Condition No. 37 of Resolution 19447 (Access Over Salt Creek). In satisfaction of Condition No. 37 of Resolution 19447, the Developer agrees to design and construct the improved access extending easterly from lot P-2 to the easterly subdivision boundary so that access is not impeded for pedestrians and vehicles due to upstream runoff. Potential solutions may include a bridge over the creek or an adequately sized drainage pipe under the improved access or any other solution satisfactory to the City Engineer. Applicant shall submit plans for the design and construction of the bridge structure and obtain approval of the City Engineer and the Director of Parks and Recreation within 120 days of the date of approval of this agreement and shall Complete Construction of improvement within two years from the of the approval of this agreement. The City Engineer, in his/her sole discretion, may extend the Complete Construction date up to one (1) year provided that Developer, in the opinion of the City Engineer, has diligently pursued completion of the improvements. It is expressly understood and agreed to by Developer that, in the performance of construction of said Offsite Improvements, Developer shall conform to and abide by all of the previsions of the ordinances, standards and policies of the City of Chula Vista, the laws of the State of California and federal law as applicable to said work. DKAFT 3/7/01 Bonding. i. Developer agrees to furnish and deliver to the City, simultaneously with the execution of this Agreement, and to thereafter maintain until City acceptance of the work referenced herein, an approved improvement security from a sufficient surety (A.M. Best's rating of A, V or better), whose sufficiency and form have been approved by the City Attorney in the sums of $67,000.00, for Faithful Performance in connection with the installation of said Improvements. ii. Developer agrees to furnish and deliver to the City simultaneously with the execution of the Agreement, and to thereafter maintain until City acceptance of the work referenced herein, an approved improvement security from a sufficient surety (A.M. Best's rating of A, V or better), whose sufficiency and form have been approved by the City Attorney in the sums and $67,000.00 for Labor and Material in connection with the installation of said Improvements. iii. Developer acknowledges and agrees that if the Improvements are not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvements as mentioned above. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to the Developer, or its successors in interest, pursuant to the terms of the improvement security. Developer agrees to pay to the City any difference between the total costs incurred to perform the work, including limited and reasonable design and administration of construction in substantial conformance with the approved plans (including a reasonable allocation of overhead), and any proceeds from the improvement security. Developer's Costs and Expenses. It is also expressly agreed and understood by the parties hereto that in no case will the City, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall the City or the City's officer, sureties or bondsmen, be liable for the payment of sum or sums for said work or any materials furnished therefore. Plan Check Fees and Additional Costs. It is further understood and agreed by Developer that any engineering costs (including plan checking, inspection, 6 DRAFT 3/7/01 materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvements plans and installation of the Improvements described above, as required by City and approved by the City Engineer shall be paid by the Developer, and the Developer shall deposit, prior to recordation Final Maps, with City a sum of money sufficient to cover said cost. 11. Condition No. 46 of Resolution 19447 (Erosion). In satisfaction of Condition No. 46 of Resolution 19447, the Developer agrees to defend, indemnify, and hold harmless the City, and its agents, officers or employees, from any claim, action or proceeding against the City, or its agents, officers or employees, related to erosion, siltation or increased flow of drainage resulting from the Eastlake Trails Development. City agrees to reasonably cooperate with the Developer in the defense of any such action, claim or proceeding. 12. Condition No. 56 of Resolution 19447 (Pump Maintenance). In satisfaction of Condition No. 56 of Resolution 19447, the Developer shall provide the cost associated with'the maintenance and the potential upgrading of the sewer pump station located at 2660 Otay lakes Road in accordance with the agreement between the City, Pacific Bay Homes and The Eastlake Company dated January 20, 1998. The Developer further agrees on or before May 1, 2001 to negotiate in good faith with the City Engineer regarding the plans and schedule for the upgrades to the pump station. Furthermore the developer agrees to contribute its fair share of the Dismantling of the pump station. 13. Condition No. 57 of Resolution '19447 (Withhold Permits). In partial satisfaction of Condition No. 57 of Resolution 19447, the Developer understands and agrees that the performance of Developer's obligations hereunder is required for the health and safety of the residents of its Project. Therefore Developer agrees: a. That the City may withhold building permits for any and all buildings within the Project if any one of the following occurs: i. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan, as amended from time to time, have been reached or in order to have the Project comply with the Growth Management Program as may be amended from time to time. ii. Traffic volumes, levels of service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with the then effective Growth Management Ordinance and Growth Management 7 DRAFT 3/7/01 Program and any amendments thereto. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. iii. The Developer does not comply with the terms of the Reserve Fund Program. b. That the City may withhold building permits for any of the phases of development identified in the PFFP, if the required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program or otherwise conditioned have not been completed or constructed to satisfaction of the City. c. That the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. 14. Condition No. 58 of Resolution 19447 (Indemnification). In satisfaction of Condition No. 58 of Resolution 19447, the Developer agrees to defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers, or employees, to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. 15. Condition No. 59 of Resolution 19447 (Cable Television). In satisfaction of Condition No. 59 of Resolution 19447, the Developer agrees to permit all cable television companies franchised by the City of Chula Vista equal opportunity to place conduit to and provide cable television service for each lot or unit within the Tentative Map area. Developer further agrees to grant, by license or easement, and for the benefit of, and to be enforceable by, the City of Chula Vista, conditional access to cable television conduit within the properties situated within the final map only to those cable television companies franchised by the City of Chula Vista the condition of such grant being that (a) such access is coordinated with Developer's construction schedule so that it does not delay or impede Developer's construction schedule and does not require the trenches to be reopened to accommodate that placement of such conduits; and (b) any such cable company is and remains in compliance with, and promises to remain in compliance with the terms and conditions of the franchise and with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be, issued by the City of Chula $ DRAFT 3/7/01 Vista. Developer hereby conveys to the City of Chula Vista the authority to enforce said covenant by such remedies as the City determines appropriate, including revocation of said grant upon determination by the City of Ghula Vista that they have violated the conditions of grant. 115. Condition No. 60 of Resolution 10447 {No Protest). in satisfaction of Condition No. 60 of Resolution 19447, the Developer agrees to not protest formation of a district for the maintenance of the drainage channel in Salt Greek or for the maintenance of landscaped medians, open space, and parkways along streets within and adjacent to the subdivision. This agreement to not pretest shall not be deemed a waiver of the ri§hr to challenge the amount of any assessment, which may be imposed due to the addition of these improvements and shall not interfere with the right of any person to vote in a secret ballot election. 17. Condition No. g2 and 125 of Resolution 19447 {Noise Study). in satisfaction of Conditions No. 62 and 125 of Resolution 19447, the Developer agrees to provide a noise study prior to issuance of the first building permit to identify noise impacts generated by surrounding streets and determine the necessary mitigation measures to insure that all dwellin§ units will be designed and constructed to preclude interior noise levels over 45 dBA. Developer further agrees to implement all mitigation measures recommended in the noise studies for compliance with interior noise levels over 45 dBA and exterior noise exposure over 65 dBA. 18. Condition No. 69 of Resolution 19447 (Open Space Landscaping). In satisfaction of Condition No. 69 of Resolution 19447, the Developer agrees to Conform to the design elements of the City's Landscape Manual for all landscaping which falls within the maintenance responsibility of the Open Space District. 19. Condition No. 70 of Resolution 19447 (Perpetual Maintenance). In satisfaction of Condition No. 70 of Resolution 19447, the Developer agrees to establish a Home Owner's Association (HOA) to provide for the perpetual maintenance of, but not limited to, private open space lots, slope areas, landscape and irrigation, including perimeter wall within open space lots, public street improvements and medians and parkways on Clubhouse Drive, King Creek Way and Oak Springs Drive prior to the approval of the associated Final Map. 9 DRAFT 3/7/01 20. Condition No. 71 of Resolution 19447 (Trail Maintenance). In satisfaction of Condition No. 71 of Resolution 19447, the Developer agrees to maintain all decomposed granite (D.G.) walkways by a Home Owner's Association or Eastlake maintenance district. All proposed decomposed granite (D.G.) walkways including, but not limited to, the walkways proposed along the north side of Clubhouse Drive and north of Olympic Parkway, shall not have vertical obstacles and obstructions such as public utility vaults, boxes, etc. constructed within them. 21. Condition No. 73 of Resolution 19447 (Public Maintenance Agreement). In satisfaction of Condition No. 73 of Resolution 19447, the Developer agrees to, within 60 days of approval of this Agreement, enter into a maintenance agreement and grant easements as necessary for landscaping maintained by a HOA within City right-of-way or such other areas as required by the City. 22. Condition No. 74 of Resolution 19447 (Private Utilities). In satisfaction of Condition No. 74 of Resolution 19447, the Developer agrees to not install privately owned water, reclaimed water, or other utilities crossing any public street and that this shall include the prohibition of the installation of sleeves for future construction of privately owned facilities. The City Engineer may waive this requirement if the following is accomplished: a. The developer enters into an agreement with the City where the developer agrees to the following: 1. Apply for an encroachment permit for installation of the private facilities within the public right-of-way. 2. Maintain membership in an advance notice such as the USA Dig Alert Service. 3. Mark out any private facilities owned by the developer whenever work is performed in the area. 4. The terms of this agreement shall be binding upon the successors and assigns of the developer. b. Shutoff devices as determined by the City Engineer are provided at those locations where private facilities traverse public streets 10 DRAFT 3/7/01 23. Condition No. 78 of Resolution 19447 (Assessment District). In satisfaction of Condition No. 78 of Resolution 19447, the Developer agrees to comply with the terms and conditions of the Acquisition/Financing Agreement for Assessment District 94-1, CO 94-064, approved by Council Resolution 17483 as said terms and conditions may be applicable to this development. 24. Condition No. 79 of Resolution 19447 (Open Space/R.O.W.). In satisfaction of Condition No. 79 of Resolution 19447, the Developer agrees to design and construct all of the utilities that service open space within the limits of the open space or dedicated City right-of-way. 25. Condition No. 80 of Resolution 19447 (Open Space Walls). In satisfaction of Condition No. 80 of Resolution 19447, the Developer agrees that walls which are located within open space shall have owners of adjoining lots sign a statement when pumhasing their homes that they are aware that the wall is on Open Space property and that they may not modify or supplement the wall or encroach onto Open Space property. Developer further agrees that such statement is subject to the City's approval. 26. Condition No. 81 of Resolution 19447 (Park Agreement). In satisfaction of Condition No. 81 of Resolution 19447, the Developer agrees to enter into the City's standard three party Agreement with the City of Chula Vista and a landscape architecture consulting firm for the preparation and processing of the Project's Community Park Master Plan prior to the issuance of the 50th building permit for the Eastlake Trails Development. 27. Condition No. 82 of Resolution 19447 (Park Plan). In satisfaction of Condition No. 82 of Resolution 19447, the Developer agrees to prepare, submit and obtain the approval from the Director of Parks and Recreation for the Project's Community Park Master Plan (P-1 and P-3.) prior to the issuance of the 350th building permit for Eastlake Trails Development. The Community Park Master Plan shall include facilities and amenities prescribed in the forthcoming City-wide Parks Master Plan as adopted by City Council. In the event that the forthcoming City-wide Parks Master Plan is not adopted before the community park design begins, the Director of Parks and Recreation shall determine the appropriate park facilities for the community park. 28. Condition No. 83 of Resolution 19447 (Park Phasing). In satisfaction of Condition No. 83 of Resolution 19447, the Developer agrees to design, construct and dedicate park facilities as prescribed in the following park development phasing program: a. Obtain the necessary City approvals and complete park construction 11 DRAFT 3/7/01 documents prior to approval of the 600th building permit of the Eastlake Trails Development. b. Select contractors, as approved by the Director of Planning and Buildin§, and begin grading and construction of the community park, including all facilities and amenities, prior to the issuance of the 6§0th building permit of the Eastlake Trails Development. c. All improvements to the community park, as defined by the Approved construction documents, shall be completed to the satisfaction and approval of the Director of Plannin§ and Building prior to the issuance of the 780th building permit of the Eastlake Trails Development. d. Provide maintenance of the completed community park for a period of one-year from the completion of the park to acceptance of the facility by the City. e. Fiaal alignment, desi§n (including signs), width and construction specifications for the greenbelt trail along the east edge of the Salt Creek open space corridor shall be approved by the Planning and Building Director in conjunction with and subject to the development phasing of the overall community park design. f. The Director of Planning and Building may, at his discretion, delay the park development phasing and construction sequence should conditions change to warrant such delay. If, in the opinion of the City, delay is caused by the City, the Developer may be allowed to delay construction of the park. I2 DRAFT 3/'7/01 29. Condition No. 86 of Resolution 19447 (Landscape and Irrigation Plan). In satisfaction of Condition No. 86 of Resolution 19447, the Developer agrees: a) as to Neighborhood TN-3, to within 30 days of City Council approval of this agreement, to prepare, submit and obtain approval by the Director of Planning and Building for detailed landscape and irrigation plans, including water management guidelines in accordance with the Chula Vista Landscape Manual and Section 11.4, Design Guidelines, of the Eastlake Trails SPA for the associated landscaped areas. Developer further agrees if Poplus species trees are incorporated in the Eastlake Trails Landscape theme, appropriate installation methods acceptable to the Director of Planning and Building shall be prescribed in the landscape improvement plans. b) As to Neighborhood TN-7, contemporaneous with the submittal application for Design Review Comity (DRC) to prepare, submit and obtain approval by the Director of Planning and Building for detailed landscape and irrigation plans, including water management guidelines in accordance with the Chula Vista Landscape Manual and Section 11.4, Design Guidelines, of the Eastlake Trails SPA for the associated landscaped areas. Developer further agrees if Poplus species trees are incorporated in the Eastlake Trails Landscape theme, appropriate installation methods acceptable to the Director of Planning and Building shall be prescribed in the landscape improvement plans. 30. Condition No. 89 of Resolution 19447 (Relocate Utilities). In satisfaction of Condition No. 89 of Resolution 19447, the Developer agrees to relocate at Developer's own expense, the necessary above and underground utilities serving individual homes to accommodate the required street trees with the street tree planting easement if determined necessary by the City Engineer. 31, Condition No. 100 of Resolution 19447 ("As-Built"). In satisfaction of Condition No. 100 of Resolution 19447, the Developer agrees to submit "as-built' improvement and grading plans as required by the city Subdivision Manual and to provide the City said plans in digital D.X.F. file format. 32. Condition No. 103 of Resolution 19447 (NAD 83). In satisfaction of Condition No. 103 of Resolution 19447, the Developer agrees to Tie the boundary of the subdivision to the California System - Zone VI (1983). 33. Condition No. 104 of Resolution 19447 (Public Facilities in Open Space). In satisfaction of Condition No. 104 of Resolution 19447, the Developer agrees to include in the H.O.A. CC&R's that the maintenance of all public facilities and improvements within open space areas and Right of Way are managed by Home Owner's Association if, in fact, the H.O.A. has such responsibility. Developer shall submit to and gain approval of said CC&R's by the Director of Planning prior to approval of the associated Final Map. 13 3/7/01 34. Condition No. 105 of Resolution 19447 (Private Facilities Maintenance). In satisfaction of Condition No. 105 of Resolution 19447, the Developer agrees to include in the Declaration of Covenants, conditions and restricting provisions assuring maintenance of private facilities including the private streets, sewer and drainage systems the maintenance of all public facilities and improvements within open space areas and R.O.W. Name the City of Chula Vista as party to said Declarations authorizing the City to enforce the terms and conditions in the Declarations in the same manner as any owner within the subdivision. 35. Condition No. 106 of Resolution 19447 (Notice to Owners). In satisfaction of Condition No. 106 of Resolution 19447, the Developer agrees that future property owners shall be notified during escrow by a document to be initialized by the owners, and approved by the City Engineer and Director of Planning and Building of the maintenance responsibility of the HOA and their estimated annual cost. 36. Condition No. '108 of Resolution 19447 (Water Conservation). In satisfaction of Condition No. 108 of Resolution 19447, the Developer agrees to modify the Eastlake Trails Water Conservation Plan to incorporate all new water conservation policies adopted by the City Council and Further agrees to comply and remain in compliance with said policies once they are adopted. 37. Condition No. 111 of Resolution 19447 (Withhold Permits). In satisfaction of Condition No. 111 of Resolution 19447, the Developer agrees that the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) if the required public facilities, as identified in the PFFP or as amended or otherwise conditioned, have not been completed or constructed to satisfaction of the Director of Planning and Building and City Engineer. The property owner may propose changes in the timing and sequencing of the development and the construction of improvements affected. In such cases, the PFFP may be amended as approved by the Director of Planning and Building. 38. Condition No. 114 of Resolution 19447 (Street Sweeping). In satisfaction of Condition No. 114 of Resolution 19447, the Developer agrees to contract with the City's current street sweeping franchisee, or other server approved by the Director of Public Works to provide street sweeping for each phase of development on a frequency and level of service comparable to that provided for similar areas of the City. The developer shall cause street sweeping to commence immediately after the final residence, in each phase, is occupied and shall continue sweeping until such time that the City has accepted the street or sixty days after completion of all punch list items, whichever is shorter. The developer further agrees to provide the City Conservation Coordinator with a copy of the memo requesting street sweeping service, which memo shall include a map of areas to be swept and the date the sweeping will begin. 14 DRAFT 3/7/01 30. Condition No. 115 of Resolution 19447 (Brush Clearance). In satisfaction of Condition No. 115 of Resolution 19447, the Developer agrees to provide the Initial Cycle of Fire managementIbrush clearance within lots adjacent to natural open space areas subject to approval by the Fire Marshal and director of Planning and Building. 40. Condition No. 116 of Resolution 19447 (Fire Hydrants). In satisfaction of Condition No. 116 of Resolution 19447, the Developer agrees to install and make operable the hydrants and 20-foot wide fire access roads prior to delivery of combustible building materials. 41. Condition No. 118 of Resolution 19447 (Water). In satisfaction of Condition No. 118 of Resolution 19447, the Developer agrees to install potable and recycled water infrastructure improvements as prescribed in the Eastlake Trails Sub- area Water Master Plan prepared by John Powell and Associates, September, 1998, including but not limited to the following improvements: a. Provide a letter from OWD confirming that upon completion of the potable and recycled water infrastructure facilities, the Developer shall dedicate the improvements to the Otay Water District. b. Extend the existing potable and recycled water mains in Hunte Parkway south to Olympic Parkway, and construct mains in Olympic Parkway from Hunte parkway to the Olympic Training Center. c. Remove the temporary 12" pipeline that crosses the Eastlake Trails project after the water lines prescribed in the Sub-area Water Master Plan are installed. 42. Condition No. 121 of Resolution 19447 (Code Compliance). In satisfaction of Condition No. 121 of Resolution 19447, the Developer agrees to comply with all applicable sections of the Chula Vista Municipal Code. Developer further agrees that preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 43. Condition No. 123 of Resolution 19447 (Code Compliance). in satisfaction of Condition No. 123 of Resolution 19447, the Developer agrees to pay all applicable fees in accordance with the City Code and Council .Policy, including, but not limited to, the following: 1. The Transportation and Public Facilities Development Impact Fees. 15 DRAFT 3/7/01 2. Signal Participation Fees. 3. All applicable sewer fees, including but not limited to sewer connection fees. 4. SR-125 impact fee. 5. Salt Creek Sewer Basin Fee. 44. Condition No. 124 of Resolution 19447 (Clean Water). In satisfaction of Condition No. 124 of Resolution 19447, the Developer agrees to comply with all relevant Federal, State, and Local regulations; including the Clean Water Act and shall provide all required testing and documentation to demonstrate said compliance as required by the City Engineer. 45. Condition No. 126 of Resolution 19447 (Urban Runoff). In satisfaction of Condition No. 126 of Resolution 19447, the Developer agrees to comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA) as set forth in the National Pollutant Discharge Elimination System (N.P.D.E.S.) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the N.P.D.E.S. regulations or requirements. 46. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction or partial satisfaction of Developer's obligation for this Project of 9,17, 18, 21,22,29, 31, 36, 37, 46, 57, 58, 59, 60, 62,69,70, 71,73, 74, 78, 79, 80, 81,82, 83, 86, 89, 100, 103, 104,105,106, 108,111,114, 115, 116, 118, 121, 123, 124 and 126 of Resolution 19447 for the EastLake Trails Project. 47. Multi-family Lot. Developer hereby agrees that the subsequent development of a multi-family lot which may not require the filling of a "B" map shall meet, prior to issuance of a building permit for that lot, all the applicable condition of approval of the tentative map, as determined by the City Engineer. Improvements for the lot will be required to be constructed under the Municipal Code provision requiring construction of all improvements under the design review and building issuance permit processes. 48. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the EastLake Trails, Chula Vista Tract No. 99-03 Tentative Map (adopted by Resolution 19447) and shall remain in compliance with and implement the terms, conditions and provisions of the Resolution. 49. Recording. This Agreement, or an abstract hereof prepared by either or both parties, may be recorded by either party. 16 DRAFT 3/7/01 50 Assignability. Upon request of the Developer, any or all on-site duties and obli§ations set forth herein may be assigned to subdivider's successor in interest if the City Mane§er in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole cliscrotion may, if such assi§nment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein, so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. 5'1. Building Permits. Developer understands and a9rees that the City may withhold the issuance of build ing permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer with reasonable time to cure said breach. 52. Miscellaneous. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writin§ and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Attn: Director of Public Works Developer: The Eastlake Company 900 Lane Avenue, Suite 100 Chula Vista, California 91914 Attn: Curt Smith 17 DRAFT 3/7/01 A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. b. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. d. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitals; Exhibits. Any recitals set forth above and exhibits referenced herein are incorporated by reference into this Agreement. f. Attorneys' Fees. If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. (NEXT PAGE IS SIGNATURE PAGE) 18 SIGNATURE PAGE TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT EASTLAKE TRAILS NEIGHBORHOODS TN-1 & TN-2 CHULA VISTA TRACT NO. 99-03 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULAVISTA THE EASTLAKE COMPANY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY By: By: Mayor of the City of Chula Vista William T. Ostrem Its: President ATTEST By: City Clerk Curt Smith Its: Vice President Approved as to form by City Attorney (Attach Notary Acknowledgment) H:~IOME~ENGINEER~LAND DEV~Tr ails North~3 -7\TN037F-SSIA-2,doc 19 List of Exhibits Exhibit "A" Legal Description Exhibit "B" Plat of Property 2o EXHIBIT "A" LEGAL DESCP, J~TION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STAGE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS; LOTS 1 THROUGH __; TOGETHER WITH LOTS "A" THROUGH .... OF MAP No. FILED IN THE OFFICE OF THE COUNTY OF SAN DIEGO; ON 21 GROUP EXHIBIT ~' ~ SC~££. ~'-- 200' EXHIBIT .... _ _ i:SXHiBiT/,,'~ ~ 0 ~ ~ ~> East_Lake Trails North Pla~g C~ss~on a~ ~ o~e~ o~c~ bo~ of ~c ~, a S~ of dhclos~ of cc~ own~m~ o~ m~i ~ l. Lht ~ ~ of ~ pe~so~ ~v~ a ~ ~t M ~ propm~ ~ i~ ~e ~hjeot of the app~on or ~ ~e Eas~ake Co~y. ~C If auy p~rson* ide~/Sed purm~,m to (l) above ~ a c~rporafion or pa~nemh~. 1~ the name~ of M1 in~idu~ ~ Slo00 ~v~m=m M ~ b~ (corpor~m~p~rm~ah~) ~n~y. Boswell Properties. Inc. ~e Tulagol. Com~.any Please iden~f~ ~Vecy person, im¢ludh~g any ~=~, ~ploye~, co~, or ~ep~d~ come.ors y~ ~% C~:t ~th-~e East!~ke C~apy. ~C Bill Ost=em-~e EastLake Comply. ~C ~an ~o~is-Ha7 G~o~, Inc. H~ ~y pCS~* ~SO~ W~ ~ C~ bad ~ fln~nci~ d~gs wi~ ~ o~1'* of ~ ~ of ~ V~ ~ k rcla~ to ~ ~n~a~ with~ ~ p~ 1~ m~. Y~' No X Hav~ you mad~ a co~nq~'iou u~ mo~ ~ V~ ei~ Co~H~ No ~ Y~ - 7. ~w you or ~y m~b~ o~ yo~ ~ove~ ~ ~.e. ~o~ Bo~d ~ D~~v~, no~oS~ ~o~ ofD~rs ~ ~udo~ to~i~ mo~ Ch~z Vista C~ Co~cR? Ycs No If Y~, w~ ~o~ ~e p~t ~clvc (12) mo~b~? ~ ~,~ bofi~ a so~ of ~mc, mon~ ~ r~ ~ lcE~ debt, ~, lo~ ~.) Y~ No X ~ Y~s, w~uh o~c~l~" ~d what w~ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAP OF CHULAVISTA TRACT NO. 99-03, EASTLAKE TRAILS NORTH, NEIGHBORHOODS TN-3 AND TN-7, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE VARIOUS PUBLIC STREETS AND EASEMENTS, ALL AS GRAI~TED ON SAID MAP WITHIN SAID SUBDIVISION, AND ACKNOWLEDGING ON BEHALF OF THE CITY OF CHULA VISTA THE IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST OF FIVE LETTERED LOTS FOR OPEN SPACE PURPOSES, ALL AS SHOWN ON SAID MAPS WITHIN SAID SUBDIVISION, AND APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that that certain map survey entitled Chula Vista Tract NO. 99-03, EASTLAKE TRAILS NORTH NEIGHBORHOODS TN-3 AND TN-7, and more particularly described as follows: Being a subdivision of a portion of Parcel 3 of Parcel Map No. 18211, and a portion of Lot 538, of Map No. 13812, all in the City of Chula vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, February 26, 1999 as File No. 1999-0121253 and June 18, 1999 as File No. 99-0416070, respectively, all of official Records. Area: 39.714 No. of Lots: 147 Numbered Lots: 142 Lettered Lots: 5 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted upon receipt by the City of Chula vista of all improvement securities described in the Subdivision Improvement Agreement. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the public streets, to-wit: North Creekside Drive, Granite Springs Drive, Poplar Spring Road, Silver Sage Road and Noble Canyon Road and said streets are hereby declared to be public streets and dedicated to the public use. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the 5.50 foot sidewalk within Lots 21 through 54, 61, 62, 108 through 121, 131, A, B and E as shown on said map within said subdivision. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the 5.50 street tree planting and maintenance easement as shown on said map within said subdivision. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the 10-foot General Utility Easements within Lots C, D and E as shown on said map within said subdivision. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the 15-foot storm drain easement within Lot 9 as shown on said map within said subdivision. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the 20-foot storm drain easement within Lots 142 and E as shown on said map within said subdivision. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the visibility easement as shown on said map within said subdivision. BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the City of Chula Vista the Irrevocable Offer of Dedication of the Fee Interest of five lettered lots as shown on said map within said subdivision. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets are accepted on behalf of the public as therefore stated and that those certain 2 easements for sidewalk, street tree planting, general utility, sewer, storm drain and visibility, as granted thereon and shown on said map within said subdivision are accepted on behalf of the City of Chula Vista as hereinbefore stated. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said map tQ the Clerk of the Board of Supervisors of the County of San Diego only upon the acceptance by the City of Chula Vista and its City Attorney of the improvement securities described in the Subdivision Improvement Agreement. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the __ day of 2001 for the completion of improvements in said subdivision, a copy of which is on file in the office of the City Clerk is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt, Director of Jo~. Kaheny, City Attorney Public Works H ~ \home\attorney\reso\ELTP~AILS north TN3&7 . FM 3 Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 2001, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and THE EASTLAKE COMPANY, LLC, 900 Lane Avenue, Suite 100, Chula Vista, CA 91914, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as EASTLAKE TRAILS NORTH, NEIGHBORHOODS TN-3 AND TN-7, pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council; and 1 WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public .improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 19447, approved on the 4th day of May, 1999 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 00105-01 through 00105-12 inclusive, on file in the office of the City Engineer; and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of THREE MILLION FIVE HUNDRED NINETY-EIGHT THOUSAND SIX HUNDRED DOLLARS AND NO CENTS ($3,598,600.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision, including the improvements described in the above Recitals ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and as described in the above Recitals this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement 2 Work required under the provisions of this contract to be done on or before the second anniversary date of Council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of ONE MILLION SEVEN HUNDRED NINETY-NINE THOUSAND THREE HUNDRED DOLLARS AND NO CENTS ($1,799,300.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of ONE MILLION SEVEN HUNDRED NINETY-NINE THOUSAND THREE HUNDRED DOLLARS AND NO CENTS ($1,799,300.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of ELEVEN THOUSAND FOUR HUNDRED DOLLARS AND NO CENTS ($11,400.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said 3 improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 4 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. 15. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein may be assigned to Subdivider's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. (NEXT PAGE IS SIGNATURE PAGE) 5 SIGNATURE PAGE EASTI~kKE TRAILS NORTH NEIGHBORHOODS TN-3 ~ TN-7 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA THE EAS~LAKE CO~gPD/~Y, LLC W~i 'am T. Ostrem, Presi~enE ATTEST Curt ~m~Ith, Vice President City Clerk Approved as to form by ci~,6orney ~-/ (Attach Notary Acknowledgment) STATE OF CALWORNLA SS, COUNTY OF SAN D~GO Onflfis 15th dayof March .,2001 ,beforeme, Denise Ii. Smith _, a Notary Public in and for said State, personally appeared William T. Ostrem , personally known to me (or proved to me on the basis of satisfactory evidence) to be the v_erson(~) whose name0rJ(~lare subscribed to the within instrument and acknowledged to me that h~.~she/they executed the same in~qaer/their authorized capacity(~, and that b)(!fi~her/their signature(~r) on the instrument the person0;), or the entity upon behalf of wtfieh the person00 acted, executed the instrument. WITNESS my hand and official seal. NOTARY PUBLIC STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) On this _lo_t2~ day of Ma,:ch ,20 01, before me, Denise 1~. Smith , a notary Public in and for said State, personally appeared Curt Smith ., personally known to me (?~r proved to me on the basis of satisfactory evidence) to be the p~rson0r) whose name(xJ0_~e sub__scribed to the within instrument and acknowledged to me that h~she/they executed the same in(~.~er/their authorized capacity0~, and that byl~er/their signature~r) on the instrument the person(x)', or the entity upon behalf of which the person0r) acted, executed the instrument. WITNESS my hand and official seal. ~~m~s~ ~ -" ~ --w--" SAN DIEGO C "'"' v'O OU LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $1,799,300 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $1,799,300 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $11,400 Securities approved as to form and amount by //~ (~ C~ty Atto~ey Improvement Completion Date: Two (2) years from date of City Council approval of the Subdivision Improvement Agreement. H: ~Home~At torney~S IA\Trail sTN3 &TN7 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TP~ACT NO. 99-03, EASTLD~kLE TRAILS NORTH NEIGHBORHOODS TN-3 AND TN-7 REQUIRING THE EASTLAKE COMPANY TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 19447 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the developer has executed a Supplemental Subdivision Improvement Agreement to satisfy remaining conditions of City Council Resolution No. 19447. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 99-03, Eastlake Trails North Neighborhoods TN-3 and TN-7, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said Agreement on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt John uS.~K~he'ny Director of Public Works City Attorney [H:\HOME~ATTORN EY~RESO\ssia EL Trails TN-3 & TN7 (March 21,2001 (9 34AM)] RECORDING REQUEST BY: City Clerk WHEN RECORDED MAIL TO: CITY OF CHULA VISTA 276 Four[h Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency of Bess than a fee interest for which no cash consideration has been paid or received. Developer Above Space for Recorder's Use SUF~PLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 99~03 EASTLAKE TRAILS NEIGHBORHOODS TN-3 & TN-7 (Conditions 2,9,17, 18, 21,22,29, 31, 36, 37, 46, 57, 58, 59, 60, 62,69,70, 71,73, 74, 78, 79, 80, 8t, 82, 83, 86, 89, 100, 103, 104, 105, 106, 108, 111, 114, 115, 116, 118, 121, 123, 124 and 126 of Resolution 19447 for Chula Vista Tract No. 99-03, Eastlake Trails) This Supplemental Subdivision Improvement Agreement ("Agreement")is made this __day of ,2000, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for recording purposes only) and THE EASTLAKE COMPANY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ("Developer" or "Grantor"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" and as shown on Exhibit "B" attached hereto and incorporated herein ("Property"). The Property is referred to as EastLake Trails Neighborhoods TN-3 & TN-7, Chula Vista Tract No. 99-03. For purposes of this Agreement the term "Project" shall mean "Property". For the purposes of this agreement, "Eastlake Trails Development" shall refer to the Tentative Map for Eastlake Trails C.V.T. 99-03, approved by City Council on May 4, 1999 by Resolution 19447. B. Developer is the owner of the Property. C. Developer has applied for and the City has approved a Tentative Subdivision Map commonly referred to as Chula Vista Tract No. 99-03, Eastlake Trails, ("Tentative Subdivision Map") for the subdivision of the Property. D. The City has adopted Resolution 19447 ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. E. City is willing, on the premises, security, terms and conditions herein contained to approve the final map for which Developer has applied ("Final Map") as being in substantial conformance with the Tentative Subdivision Map described in this Agreement. Developer understands that subsequent final maps may be subject to the same conditions. F. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: a."Complete Construction" means when construction of required improvements has been completed and accepted by the City. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Agreement Applicable to Subsequent Owners. 1.1 Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property until released by the mutual consent of the parties. 1.2 Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this agreement and the covenants 2 may be entitled. a. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project, Developer may have the right to obtain a release of any of Developer's obligations under this Agreement, provided Developer obtains the prior written consent of the City to such release. Such assignment shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the reasonable satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. b. Partial Release of Developer's Assignees. If Developer assigns any portion of the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement and such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. c. Implement Mitigation Measures. Developer shall diligently implement, or cause the implementation of all mitigation measures pertaining to the Project identified in the Final Subsequent Environmental Impact Report for the EastLake Trails/Greens Replanning Program, EIR #97-04. Any such measures not satisfied by a specific condition or by the project design shall be implemented to the satisfaction of the Director of Planning and Building. Mitigation Measures shall be monitored via the Mitigation Monitoring Program approved in conjunction with the Mitigated Negative Declaration and Addendum. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning and Building should changes in the circumstances warrant such revision. d. Implement Previously Adopted Conditions of Approval Pertinent to Project. Unless otherwise conditioned, comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of this Agreement, of 1) a prior General Development Plan resulting in the current land use designations as shown on the EastLake II General Development Plan, previously approved by City Council Resolution No. 15198; 2) The EastLake Trails Sectional Planning Area (SPA) Plan, previously approved by Resolution 19275 on November 24, 1998, 3) EastLake II (EastLake I expansion) Planned Community District Regulations and Land Use District Map, previously approved by Ordinance No. 2765 on December 8, 1998 and 4) EastLake Trails Master Tentative Subdivision Map (TSM 99-03) which was approved by Resolution No. 19447 on May4, 1999. e. Implement the Public Facilities Financing Plan. Developer shall install public facilities in accordance with the EastLake Trails SPA Public Facilities Financing Plan, approved by Resolution No. 19666 as amended or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Planning and Building Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. ~. 2. Condition No. 2 of Resolution 19447 (Offsite Improvements). In partial satisfaction of Condition No. 2 of Resolution 19447, the Developer agrees to underground and secure the existing overhead utilities fronting the Eastlake Trails Development in the Otay Lakes Road Right of Way in accordance with Chapter 18.16 of the Municipal Code and contemporaneous with the full width six-lane arterial widening of Otay Lakes Road by Developer. It is expressly understood and agreed to by Developer that, in the performance of construction of said Offsite Improvements, Developer shall conform to and abide by all of the provisions of the ordinances, standards and policies of the City of Chula Vista, the laws of the State of California and federal law as applicable to said work. a. Bonding. i. Developer agrees to furnish and deliverto the City, simultaneously with the execution of this Agreement, and to thereafter maintain until City acceptance of the work referenced herein, an approved improvement security from a sufficient surety (A.M. Best's rating of A, V or better), whose sufficiency and form have been approved by the City Attorney in the sum of $481,475.00 (bond no. 929147217 form American Casualty Company of Reading, PA.), which security shall guarantee the faithful performance in connection with the undergrounding. ii. Developer agrees to furnish and deliver to the City simultaneously with the execution of the Agreement, and to thereafter maintain until City acceptance of the work referenced herein, an approved improvement security from a sufficient surety (A.M. Best's rating of A, V or better), whose sufficiency and form have been approved by the City Attorney in the sum of $481,475.00 (bond no. 929147217 form American Casualty Company of Reading, PA.), to secure the payment of material and labor in connection with the undergrounding. 4 iii. Developer acknowledges and agrees that if the undergrounding is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the undergrounding. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to the Developer, or its successors in interest, pursuant to the terms of the improvement security. Developer agrees to pay to the City any difference between the total costs incurred to perform the work, ,. including limited and reasonable design and administration of construction in substantial conformance with the approved plans (including a reasonable allocation of overhead), and any proceeds from the undergrounding security. b. Developer's Costs and Expenses. It is also expressly agreed and understood by the parties hereto that in no case will the City, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall the City or the City's officer, sureties or 'bondsmen, be liable for the payment of sum or sums for said work or any materials furnished therefore. c. Plan Check Fees and Additional Costs. It is fur[her understood and agreed by Developer that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Undergrounding Improvements plans and the undergrounding as described above, as required by City and approved by the City Engineer shall be paid by the Developer, and the Developer shall deposit, prior to recordation Final Maps, with City a sum of money sufficient to cover said cost. 3. Condition No, 9 of Resolution 19447 (ADA Standards). In satisfaction of Condition No. 9 of Resolution 19447, the Developer Agrees to construct sidewalk widths and pedestrian ramps on all walk-ways to meet or exceed the "Americans with Disabilities Act"(ADA) and City Standards. 4. Condition No. 17 of Resolution 19447 (Deceleration Lane), In satisfaction of Condition No. 17 of Resolution 19447, the Developer agrees to provide an intedm eastbound deceleration lane along Otay Lakes Road for the entrance to park site (P-3) concurrent with the completion of P-3 if the ultimate south half street improvements for Otay Lakes Road are not completed at that time. 5. Condition No. 18 of Resolution 19447 (Greenbelt Trail Traffic Device). In satisfaction of Condition No. 18 of Resolution 19447, the Developer agrees to provide interim traffic control devices, as required by the City Engineer, to detour pedestrian traffic to the nearest street crossing if signalized pedestrian crossing is not available when the greenbelt trail is completed and connected to Otay Lakes Road and Olympic Parkway. 6. Condition No. 21 of Resolution 19447 (Street Lights on Traffic Signal Poles). In satisfaction of Condition No. 21 of Resolution 19447, the Developer agrees to install upon the request and to the satisfaction of the City engineer, steet lights on traffic signal poles at the intersection of Hunte Parkway with Clubhouse Drive, King ,. creek Way and Oak Springs Drive. 7. Condition No. 22 of Resolution 19447 (Traffic signal standards). In satisfaction of Condition No. 21 of Resolution 19447, the Developer agrees to Design and construct underground traffic signal equipment and traffic signal standards at the location determined by the City Engineer a. Bonding. iv. Developer agrees to furnish and deliverto the City, simultaneously with the execution of this Agreement, and to thereafter maintain until City acceptance of the work referenced herein, an approved improvement security from a sufficient surety (A.M. Best's rating of A, V or better), whose sufficiency and form have been approved by the City Attorney in the sum of $115,000.00 (bond no. 929147218 form American Casualty Company of Reading, PA.), which security shall guarantee the faithful performance in connection with the undergrounding. v. Developer agrees to furnish and deliver to the City simultaneously with the execution of the Agreement, and to thereafter maintain until City acceptance of the work referenced herein, an approved improvement security from a sufficient surety (A.M. Best's rating of A, V or better), whose sufficiency and form have been approved by the City Attorney in the sum of $115,000.00 (bond no. 929147218 form American Casualty Company of Reading, PA.), to secure the payment of material and labor in connection with the undergrounding. vi. Developer acknowledges and agrees that if the undergrounding is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the undergrounding. Upon certification of completion by the City Engineer and acceptance of said work by City, and after cer[ification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to the Developer, or its successors in interest, pursuant to the terms of the improvement security. Developer agrees to pay to the City any difference between the total costs incurred to perform the work, including limited and reasonable design and administration of construction in substantial conformance with the approved plans (including a reasonable allocation of overhead), and any proceeds from the undergrounding security. b. Developer's Costs and Expenses. It is also expressly agreed and understood by the parties hereto that in no case will the City, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall the City or the City's officer, sureties or bondsmen, be liable for the payment of sum or sums for said work or any materials furnished therefore. c. Plan Check Fees and Additional Costs. It is further understood and agreed by Developer that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Undergrounding Improvements plans and the undergrounding as described above, as required by City and approved by the City Engineer shall be paid by the Developer, and the Developer shall deposit, prior to recordation Final Maps, with City a sum of money sufficient to cover said cost. 8. Condition No. 29 of Resolution 19447 (Private Storm Drain). in satisfaction of Condition No. 29 of Resolution 19447, the Developer agrees to designate as private and maintain by a HOA the storm drain between lots 9 and 10 in Neighborhood TN- 3. Developer further agrees to include in the CC&R's conditions and restrictions to assure proper maintenance. 9. Condition No. 31 of Resolution 19447 (Private Storm Drain Clean Outs). In satisfaction of Condition No. 31 of Resolution 19447, the Developer agrees to designate as private and maintain by a Home Owner's Association all storm drain clean outs carrying private property water and determined by the City to be in areas inaccessible for maintenance equipment. Developer further agrees to include in the CC&R's conditions and restrictions to assure proper maintenance. ]0. Condition No. 36 of ResolutiOn 19447 (FEMA). In satisfaction of Condition No. 36 of Resolution 19447, the Developer agrees to request that the Federal Emergency Management Agency (FEMA) revise the effective Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) report for the Salt Creek area influenced by the Eastlake Trails Development, all at its own expense, without any cost to the City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer. Developer further agrees to submit the application at the request and to the satisfaction of the City Engineer and to finalize the process, for this amendment within the time frame set forward by the City Engineer. Developer shall conform to and abide by all of the provisions of the ordinances, standards and policies of the City of Chula Vista, the laws of the State of California ,. and federal law as applicable to said work. In partial satisfaction of the condition the developer has posted cash bonds as follows: $5,000.00 for application fees and $20,000.00 to secure the engineering fees required to prepare said application. 11. Condition No. 37 of Resolution 19447 (Access Over Salt Creek). In satisfaction of Condition No. 37 of Resolution 19447, the Developer agrees to design and construct the improved access extending easterly from lot P-2 to the easterly subdivision boundary so that access is not impeded for pedestrians and vehicles due to upstream runoff. Potential solutions may include a bridge over the creek or an adequately sized drainage pipe under the improved access or any other solution satisfactory to the City Engineer. Applicant shall submit plans for the design and construction of the bridge structure and obtain approval of the City Engineer and the Director of Parks and Recreation within 120 days of the date of approval of this agreement and shall Complete Construction of improvement within two years from the of the approval of this agreement. The City Engineer, in his/her sole discretion, may extend the Complete Construction date up to one (1) year provided that Developer, in the opinion of the City Engineer, has diligently pursued completion of the improvements. It is expressly understood and agreed to by Developer that, in the performance of construction of said Offsite Improvements, Developer shall conform to and abide by all of the provisions of the ordinances, standards and policies of the City of Chula Vista, the laws of the State of California and federal law as applicable to said work. a) Bonding. vii. Developer agrees to furnish and deliver to the City, simultaneously with the execution of this Agreement, and to thereafter maintain until City acceptance of the work referenced herein, an approved improvement security from a sufficient surety (A.M. Best's rating of A, V or better), whose sufficiency and form have been approved by the City Attorney in the sum of $135,000.00 (bond no. 929147216 form American Casualty Company of Reading, PA.), for Faithful Performance in connection with the installation of said Improvements. viii.Developer agrees to furnish and deliver to the City simultaneously with the execution of the Agreement, and to thereafter maintain until City acceptance of the work referenced herein, an approved improvement security from a sufficient surety (A.M. Best's rating of A, V or better), whose sufficiency and form have been approved by the City Attorney in the sum and $135,000.00 (bond no. 929147216 form American Casualty Company of Reading, PA.), for Labor and Material in connection with the installation of said ,. Improvements. ix. Developer acknowledges and agrees that if the Improvements are not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvements as mentioned above. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to the Developer, or its successors in interest, pursuant to the terms of the improvement security. Developer agrees to pay to the City any difference between the total costs incurred to perform the work, including limited and reasonable design and administration of construction in substantial conformance with the approved plans (including a reasonable allocation of overhead), and any proceeds from the improvement security. b) Developer's Costs and Expenses. It is also expressly agreed and understood by the parties hereto that in no case will the City, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall the City or the City's officer, sureties or bondsmen, be liable for the payment of sum or sums for said work or any materials furnished therefore. c) Plan Check Fees and Additional Costs. It is further understood and agreed by Developer that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvements plans and installation of the Improvements described above, as required by City and approved by the City Engineer shall be paid by the Developer, and the Developer shall deposit, prior to recordation Final Maps, with City a sum of money sufficient to cover said cost. d) Prior to City's release of bonding for the improved access, Developer shall grant on easement for public access across and over the bridge of like structure in a form acceptable to the City Engineer and City Attorney. 12. Condition No. 46 of Resolution 19447 (Erosion). In satisfaction of Condition No. 46 of Resolution 19447, the Developer agrees to defend, indemnify, and hold harmless the City, and its agents, officers or employees, from any claim, action or proceeding against the City, or its agents, officers or employees, related to erosion, siltation or increased flow of drainage resulting from the Eastlake Trails Development. City agrees to reasonably cooperate with the Developer in the defense of any such action, claim or proceeding. 13. Condition No. 56 of Resolution 19447 (Pump Maintenance). In satisfaction of Condition No. 56 of Resolution 19447, the Developer shall provide the cost associated with the maintenance and the potential upgrading of the sewer pump station located at 2660 Otay lakes Road in accordance with the agreement between the City, Pacific Bay Homes and The Eastlake Company dated January 20, 1998. The Developer further agrees to remain in compliance with said agreement including, to negotiate in good faith with the City Engineer regarding the plans and schedule for the pump station upgrades. Furthermore the developer agrees to contribute its fair share of the Dismantling of the pump station. 14. Condition No. 57 of Resolution 19447 (Withhold Permits). In partial satisfaction of Condition No. 57 of Resolution 19447, the Developer understands and agrees that the performance of Developer's obligations hereunder is required for the health and safety of the residents of its Project. Therefore Developer agrees: a. That the City may withhold building permits for any and all buildings within the Project if any one of the following occurs: i. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan, as amended from time to time, have been reached or in order to have the Project comply with the Growth Management Program as may be amended from time to time. ii. Traffic volumes, levels of service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with the then effective Growth Management Ordinance and Growth Management Program and any amendments thereto. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. iii. The Developer does not comply with the terms of the Reserve Fund Program. l0 -// b. That the City may withhold building permits for any of the phases of development identified in the PFFP, if the required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program or otherwise conditioned have not been completed or constructed to satisfaction of the City. c. That the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. 15. Condition No. 58 of Resolution 19447 (Indemnification). In satisfaction of Condition No. 58 of Resolution 19447, the Developer agrees to defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers, or employees, to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. 16. Condition No. 59 of Resolution 19447 (Cable Television). In satisfaction of Condition No. 59 of Resolution 19447, the Developer agrees to permit all cable television companies franchised by the City of Chula Vista equal opportunity to place conduit to and provide cable television service for each lot or unit within the Tentative Map area. Developer further agrees to grant, bylicense or easement, and for the benefit of, and to be enforceable by, the City of Chula Vista, conditional access to cable television conduit within the properties situated within the final map only to those cable television companies franchised by the City of Chula Vista the condition of such grant being that (a) such access is coordinated with Developer's construction schedule so that it does not delay or impede Developer's construction schedule and does not require the trenches to be reopened to accommodate that placement of such conduits; and (b) any such cable company is and remains in compliance with, and promises to remain in compliance with the terms and conditions of the franchise and with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be, issued by the City of Chula Vista. Developer hereby conveys to the City of Chula Vista the authority to enforce said covenant by such remedies as the City determines appropriate, including revocation of said grant upon determination by the City of Chula Vista that they have violated the conditions of grant. 17. Condition No. 60 of Resolution 19447 (No Protest). In satisfaction of Condition No. 60 of Resolution 19447, the Developer agrees to not protest formation of a district for the maintenance of the drainage channel in Salt Creek or for the maintenance of landscaped medians, open space, and parkways along streets within and adjacent to the subdivision. This agreement to not protest shall not be deemed a waiver of the right to challenge the amount of any assessment, which may be imposed due to the addition of these improvements and shall not interfere with the right of any person to vote in a secret ballot election.. 18. Condition No. 62 and 125 of Resolution 19447 (Noise Study). In satisfaction of Conditions No. 62 and 125 of Resolution 19447, the Developer agrees to provide a noise study prior to issuance of the first building permit to identify noise impacts ,. generated by surrounding streets and determine the necessary mitigation measures to insure that all dwelling units will be designed and constructed to preclude interior noise levels over 45 dBA. Developer further agrees to implement all mitigation measures recommended in the noise studies for compliance with interior noise levels over 45 dBA and exterior noise exposure over 65 dBA. 19. Condition No. 69 of Resolution 19447 (Open Space Landscaping). In satisfaction of Condition No. 69 of Resolution 19447, the Developer agrees to Conform to the design elements of the City's Landscape Manual for all landscaping which falls within the maintenance responsibility of the Open Space District. 20. Condition No. 70 of Resolution 19447 (Perpetual Maintenance), In satisfaction of Condition No. 70 of Resolution 19447, the Developer agrees to establish a Home Owner's Association (HCA) to provide for the perpetual maintenance of, but not limited to, private open space lots, slope areas, landscape and irrigation, including perimeter wall within open space lots, public street improvements and medians and parkways on Clubhouse Drive, King Creek Way and Oak Springs Drive prior to the approval of the associated Final Map. 21. Condition No. 71 of Resolution 19447 (Trail Maintenance). In satisfaction of Condition No. 71 of Resolution 19447, the Developer agrees to maintain all decomposed granite (D.G.) walkways by a Home Owner's Association or Eastlake maintenance district. All proposed decomposed granite (D.G.) walkways including, but not limited to, the walkways proposed along the north side of Clubhouse Drive and nor[h of Olympic Parkway, shall not have vertical obstacles and obstructions such as public utility vaults, boxes, etc. constructed within them. 22. Condition No. 73 of Resolution 19447 (Public Maintenance Agreement). In satisfaction of Condition No. 73 of Resolution 19447, the Developer agrees to, within 60 days of approval of this Agreement, enter into a maintenance agreement and grant easements as necessary for landscaping maintained by a HCA within City right-of-way or such other areas as required by the City. 23. Condition No. 74 of Resolution 19447 (Private Utilities). In satisfaction of Condition No. 74 of Resolution 19447, the Developer agrees to not install privately owned water, reclaimed water, or other utilities crossing any public street and that this shall include the prohibition of the installation of sleeves for future construction of privately owned facilities. The City Engineer may waive this requirement if the following is accomplished: a.The developer enters into an agreement with the City where the developer agrees to the following: 1. Apply for an encroachment permit for installation of the private facilities within the public right-of-way. 2. Maintain membership in an advance notice such as the USA Dig Alert Service. 3. Mark out any private facilities owned by the developer whenever work is performed in the area. 4. The terms of this agreement shall be binding upon the successors and assigns of the developer. b, Shutoff devices as determined by the City Engineer are provided at those locations where private facilities traverse public streets 24. Condition No. 78 of Resolution 19447 (Assessment District). In satisfaction of Condition No. 78 of Resolution 19447, the Developer agrees to comply with the terms and conditions of the Acquisition/Financing Agreement for Assessment District 94-1, CO 94-064, approved by Council Resolution 17483 as said terms and conditions may be applicable to this development. 25. Condition No. 79 of Resolution 19447 (Open Space/R.O.W.). In satisfaction of Condition No. 79 of Resolution 19447, the Developer agrees to design and construct all of the utilities that service open space within' the limits of the open space or dedicated City right-of-way. 26. Condition No. 80 of Resolution 19447 (Open Space Walls). In satisfaction of Condition No. 80 of Resolution 19447, the Developer agrees that walls which are located within open space shall have owners of adjoining lots sign a statement when purchasing their homes that they are aware that the wall is on Open Space property and that they may not modify or supplement the wall or encroach onto Open Space property. Developer further agrees that such statement is subject to the City's approval. 27. Condition No. 81 of Resolution 19447 (Park Agreement). In satisfaction of Condition No. 81 of Resolution 19447, the Developer agrees to enter into the City's standard three party Agreement with the City of Chula Vista and a landscape amhitecture consulting firm for the preparation and processing of the Project's Community Park Master Plan prior to the issuance of the 50th building permit for the Eastlake Trails Development. 28. Condition No. 82 of Resolution 19447 (Park Plan). In satisfaction of Condition No. 82 of Resolution 19447, the Developer agrees to prepare, submit and obtain the approval from the Director of Parks and Recreation for the Project's Community Park Master Plan (P-1 and P-3.) prior to the issuance of the 350th building permit ,. for Eastlake Trails Development. The Community Park Master Plan shall include facilities and amenities prescribed in the forthcoming City-wide Parks Master Plan as adopted by City Council. In the event that the forthcoming City-wide Parks Master Plan is not adopted before the community park design begins, the Director of Parks and Recreation shall determine the appropriate park facilities for the community park. 29. Condition No. 83 of Resolution 19447 (Park Phasing). In satisfaction of Condition No. 83 of Resolution 19447, the Developer agrees to design, construct and dedicate park facilities as prescribed in the following park development phasing program: a. Obtain the necessary City approvals and complete park construction documents prior to approval of the 600th building permit of the Eastlake Trails Development. b. Select contractors, as approved by the Director of Planning and Building, and begin grading and construction of the community park, including all facilities and amenities, prior to the issuance of the 650th building permit of the Eastlake Trails Development. c. All improvements to the community park, as defined by the Approved construction documents, shall be completed to the satisfaction and approval of the Director of Planning and Building prior to the issuance of the 780th building permit of the Eastlake'Trails Development. d. Provide maintenance of the completed community park for a period of one-year from the completion of the park to acceptance of the facility by the City. e. Final alignment, design (including signs), width and construction specifications for the greenbelt trail along the east edge of the Salt Creek open space corridor shall be approved by the Planning and Building Director in conjunction with and subject to the development phasing of the overall community park design. f. The Director of Planning and Building may, at his discretion, delay the park development phasing and construction sequence should conditions change to warrant such delay. If, in the opinion of the City, delay is caused by the City, the Developer may be allowed to delay construction of the park. 30. Condition No. 86 of Resolution 19447 (Landscape and Irrigation Plan). In satisfaction of Condition No. 86 of Resolution 19447, the Developer agrees: a) as to Neighborhood TN-3, to within 30 days of City Council approval of this agreement, to prepare, submit and obtain approval by the Director of Planning and Building for detailed landscape and irrigation plans, including water management guidelines in accordance with the Chula Vista Landscape Manual and Section 11.4, Design Guidelines, of the Eastlake Trails SPA for the associated landscaped areas. Developer further agrees if Poplus species trees are incorporated in the Eastlake Trails Landscape theme, appropriate installation methods acceptable to the Director of Planning and Building shall be prescribed in the landscape improvement plans. b) As to Neighborhood TN-7, contemporaneous with the submittal application for Design Review Comity (DRC) to prepare, submit and obtain approval by the Director of Planning and Building for detailed landscape and irrigation plans, including water management guidelines in accordance with the Chula Vista Landscape Manual and Section 11.4, Design Guidelines, of the Eastlake Trails SPA for the associated landscaped areas. Developer further agrees if Poplus species trees are incorporated in the Eastlake Trails Landscape theme, appropriate installation methods acceptable to the Director of Planning and Building shall be prescribed in the landscape improvement plans. 31. Condition No. 89 of Resolution 19447 (Relocate Utilities). In satisfaction of Condition No. 89 of Resolution 19447, the Developer agrees to relocate at Developer's own expense, the necessary above and underground utilities serving individual homes to accommodate the required street trees with the street tree planting easement if determined necessary by the City Engineer. 32. Condition No, 100 of Resolution 19447 ("As-Built"). In satisfaction of Condition No. 100 of Resolution 19447, the Developer agrees to submit "as-built" improvement and grading plans as required by the city Subdivision Manual and to provide the City said plans in digital D.X.F. file format. 33. Condition No. 103 of Resolution 19447 (NAD 83). In satisfaction of Condition No. 103 of Resolution 19447, the Developer agrees to Tie the boundary of the subdivision to the California System - Zone VI (1983). 34. Condition No. 104 of Resolution 19447 (Public Facilities in Open Space). In satisfaction of Condition No. 104 of Resolution 19447, the Developer agrees to include in the H.O.A. CC&R's that the maintenance of all public facilities and improvements within open space areas and Right of Way are managed by Home Owner's Association if, in fact, the H.O.A. has such responsibility. Developer shall submit to and gain approval of said CC&R's by the Director of Planning prior to approval of the associated Final Map. 35. Condition No. 105 of Resolution 19447 (Private Facilities Maintenance). In · . satisfaction of Condition No. 105 of Resolution 19447, the Developer agrees to include in the Declaration of Covenants, conditions and restricting provisions assuring maintenance of private facilities including the private streets, sewer and drainage systems the maintenance of all public facilities and improvements within open space areas and R.O.W. Name the City of Chula Vista as party to said Declarations authorizing the City to enforce the terms and conditions in the Declarations in the same manner as any owner within the subdivision. 36. Condition No. 106 of Resolution 19447 (Notice to Owners). in satisfaction of Condition No. 106 of Resolution 19447, the Developer agrees that future property owners shall be notified during escrow by a document to be initialized by the owners, and approved by the City Engineer and Director of Planning and Building of the maintenance responsibility of the HOA and their estimated annual cost. 37. Condition No. 108 of Resolution 19447 (Water Conservation). In satisfaction of Condition No. 108 of Resolution 19447, the Developer agrees to modify the Eastlake Trails Water Conservation Plan to incorporate all new water conservation policies adopted by the City Council and Further agrees to comply and remain in compliance with said policies once they are adopted. 38. Condition No. tll of Resolution 19447 (Withhold Permits). In satisfaction of Condition No. 111 of Resolution 19447, the Developer agrees that the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP)if the required public facilities, as identified in the PFFP or as amended or otherwise conditioned, have not been completed or constructed to satisfaction of the Director of Planning and Building and City Engineer. The property owner may propose changes in the timing and sequencing of the development and the construction of improvements affected. In such cases, the PFFP may be amended as approved by the Director of Planning and Building. 39. Condition No. 114 of Resolution 19447 (Street Sweeping). In satisfaction of Condition No. 114 of Resolution 19447, the Developer agrees to contract with the ]6 City's current street sweeping franchisee, or other server approved by the Director of Public Works to provide street sweeping for each phase of development on a frequency and level of service comparable to that provided for similar areas of the City. The developer shall cause street sweeping to commence immediately after the final residence, in each phase, is occupied and shall continue sweeping until such time that the City has accepted the street or sixty days after completion of all punch list items, whichever is shorter. The developer further agrees to provide the City Conservation Coordinator with a copy of the memo requesting street sweeping service, which memo shall include a map of areas to be swept and the date the sweeping will begin. ,. 40. Condition No. 115 of Resolution 19447 (Brush Clearance), In satisfaction of Condition No. 115 of Resolution 19447, the Developer agrees to provide the Initial Cycle of Fire management/brush clearance within lots adjacent to natural open space areas subject to approval by the Fire Marshal and director of Planning and Building. 41. Condition No. 116 of Resolution 19447 (Fire Hydrants). In satisfaction of Condition No. 116 of Resolution 19447, the Developer agrees to install and make operable the hydrants and 20-foot wide fire access roads prior to delivery of combustible building materials. 42. Condition No. 118 of Resolution 19447 (Water). In satisfaction of Condition No. 118 of Resolution 19447, the Developer agrees to install potable and recycled water infrastructure improvements as prescribed in the Eastlake Trails Sub- area Water Master Plan prepared by John Powell and Associates, September, 1998, including but not limited to the following improvements: a. Provide a letter from OWD confirming that upon completion of the potable and recycled water infrastructure facilities, the Developer shall dedicate the improvements to the Otay Water District. d. Extend the existing potable and recycled water mains in Hunte Parkway south to Olympic Parkway, and construct mains in Olympic Parkway from Hunte parkway to the Olympic Training Center. e. Remove the temporary 12" pipeline that crosses the Eastlake Trails project after the water lines prescribed in the Sub-area Water Master Plan are installed. 43. Condition No. 121 of Resolution 19447 (Code Compliance). In satisfaction of Condition No. 121 of Resolution 19447, the Developer agrees to comply with all applicable sections of the Chula Vista Municipal Code. Developer further agrees that preparation of the Final Map and all plans shall be in accordance with the 17 provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 44. Condition No. 123 of Resolution 19447 (Code Compliance). In satisfaction of Condition No. 123 of Resolution 19447, the Developer agrees to pay all applicable fees in accordance with the City Code and Council Policy, including, but not limited to, the following: 1. The Transportation and Public Facilities Development Impact Fees. 2. Signal Participation Fees. 3. All applicable sewer fees, including but not limited to sewer connection fees. 4. SR-125 impact fee. 5. Salt Creek Sewer Basin Fee. 45. Condition No. 124 of Resolution 19447 (Clean Water). In satisfaction of Condition No. 124 of Resolution 19447, the Developer agrees to comply with all relevant Federal, State, and Local regulations; including the Clean Water Act and shall provide all required testing and documentation to demonstrate said compliance as required by the City Engineer. 46. Condition No. 126 of Resolution 19447 (Urban Runoff). In satisfaction of Condition No. 126 of Resolution 19447, the Developer agrees to comply with all applicable regulations established bY the United States Environmental Protection Agency (USEPA) as set forth in the National Pollutant Discharge Elimination System (N.P.D.E.S.) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the N.P.D.E.S. regulations or requirements. 47. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction or partial satisfaction of Developer's obligation for this Project of 2, 9,17, 18, 21,22,29, 31,36, 37, 46, 57, 58, 59, 60, 62,69,70, 71,73, 74, 78, 79, 80, 81,82, 83, 86, 89, 100, 103, 104,105,106, 108, 111,114, 115, 116, 118, 121, 123, 124 and 126 of Resolution 19447 for the EastLake Trails Project. 48. Multi-family Lot. Developer hereby agrees that the subsequent development of a multi-family lot which may not require the filling of a "B" map shall meet, prior to issuance of a building permit for that lot, all the applicable condition of approval of the tentative map, as determined by the City Engineer. Improvements for the lot will be required to be constructed under the Municipal Code provision requiring construction of all improvements under the design review and building issuance permit processes. 49. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the EastLake Trails, Chula Vista Tract No. 99-03 Tentative Map (adopted by Resolution 19447) and shall remain in compliance with and implement the terms, conditions and provisions of the Resolution. 50. Recording. This Agreement, or an abstract hereof prepared by either or both parties, may be recorded by either party. 51. Assignability. Upon request of the Developer, any or all on-site duties and obligations set forth herein may be assigned to subdivider's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein, so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. 52. Building Permits. Developer understands and agrees that the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer with reasonable time to cure said breach. 53. Miscellaneous. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the partyto whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Attn: Director of Public Works Developer: The Eastlake Company 900 Lane Avenue, Suite 100 Chula Vista, California 91914 Attn: Curt Smith A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. b. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. d. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitals; Exhibits. Any recitals set forth above and exhibits referenced herein are incorporated by reference into this Agreement. f. Attorneys' Fees. If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. (NEXT PAGE IS SIGNATURE PAGE) 20 SIGNATURE PAGE TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT EASTLAKE TRAILS NEIGHBORHOODS TN-1 & TN-2 CHULA VISTA TRACT NO. 99-03 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULAVISTA THE EASTLAKE COMPANY, LLC, A CALIFORNIA LIMITED LIABILITY COMPA/~/~ . ~-- By: By://u~-~'~ ~(/~/'~- - Mayor of the City of Chula Vista ~William T. Ostrem Its: President ATTEST By: _~~ City Clerk Cu~ Smith Its: Vice President Approved as to form by City fLCtbr~y ~ (Attach Notary Acknowledgment) H:~HOME~ENGINEER~LANDDEVXTrails North~3-7\TN037F-SSIA-3.doc 21 STATE OF CALEFOKNIA SS. COUNTY OF SAN Onthis 15th dayof March ,2001 _, before me, Dem~.se Il. Smith , a Notary Public in and for said State, personally appeared William T. Ostrem personally known to me (or proved to me on the basis of satisfactory evidence) to be the p_e. rson(~) whose name~are sub_scribed to the within instrmnent and acknowledged to me that hh~shefthey executed the same in(~aer/their authorized eapacity(~, and that bs~her/their signatureCs') on the instrument the person(~f), or the entity upon behalf of which the pcTson(~) acted, executed the instrument. WITNESS my hand and official seal. NOTARY PUBLIC STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DI~GO ) On this j_SJ:l~ day of__ March ,20 01 beforeme, Denise M. Smith ., a notary Public in and for said State, personally appeared Curt Smith ., personally known to me (or proved to me on the basis of satisfactory evidence) to be the p~rson~ whose name(~r)'(~_.~are sub_scribed to the within instrument and acknowledged to me that ~)she/they executed the same in~.~)her/their authorized capacity(j.~P~, and that by(!~er/their signature0r) on the instrument the person(x)', or the entity upon behalf of which the person0r) acted, executed the instrument. WITNESS my hand and official seal. i ~ ~ ~-,~F' -~,e~ COMM. #1238358 ~.}~m"~t;~ NOTARY PUItLIC-CAUFORNIA ~ ~,,~!~/~/ SAN o~sGo coumY ~ ~' · ~....~"~J My Commission Expires v/_ 'sE, z", OCTOBER Signature List of Exhibits Exhibit "A" Legal Description Exhibit "B" Plat of Property EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREiN IS SITUATED iN THE STAGE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS; LOTS 1 THROUGH __; TOGETHER WITH LOTS "A" THROUGH "__" OF MAP No. , FILED IN THE OFFICE OF THE COUNTY OF SAN DIEGO; ON 23 COUNCIL AGENDA STATEMENT Item '4 Meeting Date 3-27-01 .ITEM TITLE: Resolution Approving the Final "B" Map for Otay Ranch Village One West, Neighborhood R-49A, Chula Vista Tract No. 98-06. Accepting on behalf of the City of Chula Vista, Assignable and Irrevocable General Utility and Access Easements, and wall easements granted on said Map within said Subdivision, approving the Subdivision Improvement Agreement for the completion of improvements required by said subdivision, and authorizing the Mayor to execute said agreement. Resolution Approving the "B" Map Supplemental Subdivision Improvement Agreement for Otay Ranch Village One West, Neighborhood R-49A, Portion of Village One West, Otay Ranch SPA One, requiring Developer to comply with certain unfulfilled conditions of Resolution No. 19572 and authorizing the Mayor to Execute Said Agreement SUBMITTED BY: Director of Public WorksA~ Manager ~/~9,~'~ (4/5tbs Vote: Yes No X ) REVIEWED BY: City On August 17, 1999, by Resolution No. 19572, the City Council approved a Tentative Subdivision Map for Chula Vista Tract 98-06, Otay Ranch, SPA One, Village One West. On August 22, 2000 by Resolution 2000-301, the Council approved Village One West "A" Map No. 1. On 10/24/00 by Resolution 2000-373, the Council approved four Final "B" Maps within Village One West. The Council will consider the approval of one additional Final "B" Map within Village One West. RECOMMENDATION: That Council adopt the following: 1. Resolution approving the Final "B" Map & Subdivision Improvement Agreement. 2. Resolution approving the "B" Map Supplemental Subdivision Improvement Agreement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: The project is generally located south of Telegraph Canyon Road and west of Paseo Ranchero within the area of Otay Ranch Village One designated as Otay Ranch Village One West. The "B" map consists of 56 numbered lots and 4 lettered lots with a total area of 9.193 Acres (see Attachment 1). The final map has been reviewed by the Public Works Department and found to be in substantial conformance with the approved Tentative Map. Approval of the map constitutes acceptance by the City of all assignable and irrevocable general access and utility easements within the Subdivision. The developer has executed an "A" Map Supplemental Subdivision Improvement Agreement, which addresses several on-going conditions of the tentative map. Page 2, Item __ Meeting Date 3/27/01 The Developer has paid its share of the development portion of the Park Acquisition and Development (PAD) fees for SPA One neighborhood and community parks. The Developer has provided an Irrevocable Offer of Dedication of Fee Interest for its portion of the land acquisition obligation for neighborhood and community parks with the approval of the first "A" Map in Village One West. The Telegraph Canyon Dr~iinage Basin DIF in the amount of $42,094.75 has been paid. The Developer has bonded for and agrees to complete all on and off-site street improvements required for the approval of this "B" Map within two years following map approval, or sooner if construction permits for the required improvements have been issued. FISCAL IMPACT: None to the City. Developer has paid all costs associated with the proposed "A" Map and agreements. Attachments: Attachment 1: Plat - Chula Vista Tract 98-06, Otay Ranch, Village One West, Neighborhoods R-49A Attachment 2: Minutes of 8/17/99 (Resolution No. 19572) Attachment 3: Developer's Disclosure Statement RT File No. 0600-80-OR312F, H:\HOME\ENGINEER\AGENDA\ R-49Aa113.doc CITY OF CHULA VISTA TRACT NO. 98-06 0TAY RANCH VILLAGE 1 WEST NEIGHBORHOOD R-49A AT Y A(~-~ I'~EN--[ · ~ (~) INDICATES STRAWBERRY CREEK (~ INDICATES McCAIN VALLEY CT, (~ INDICATES SANTA OLIVIA D v/'~Y OF cHULA VISTA TRACT NO, ,ICH WEGT NO. 1 MAP NO, :2 ~5 F 4 K 7 CITY OF cHULA VJBTA TRACT NO. OTAY RANCH VILLA~3E I WEST "A" MAP NO, 'J MAP NC), 14029 L HUNSAKER & ASSOCIATES r~: \ O I 701&MAP \ R-4 9A \ LD TRANS EX - W.O. 25-295 Sul~vn'lNC eH(,S,)SS~5OO. FX(,S,)SSS-I~.!~ ATTACHMENT Page 3 - Council Minutes 08/17~99 CONSENT CALENDAR (Continued) ACTION: Mayor Horton moved to approve staff recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0, except with regard to Item #10, which carried 4-0-I, with Councilmember Moot absta/ning. ORAL COMMUNICATIONS Mr. Walter Thatcher, 730 Glover Street, spoke in opposition to the Planning Commission's approval of a large day care home across the street from his residence and'objected to the $I,000 fee to app ~efd the Commission's decision to the Council. Mr. Thatcher was advised to contact the City. Manager to obtain a waiver of the appeal fee, and Mayor Horton asked that the matter be brought before the Council for consideration. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 11. PUBLIC HEARING PCS 98-06; CONSIDERATION OF A TENTATIVE SUBDIVISION MAP FOR VILLAGE ONE WEST OF OTAY RANCH SECTIONAL PLANNING AREA ONE PLAN, TRACT 9g-06; APPLICANT: THE OTAY RANCH COMPANY RESOLUTION 10572, APPROVING A TENTATIVE SUBDIVISION MAP FOR VILLAGE ONE WEST OF THE OTAY RANCH SECTIONAL PLANNING AREA ONE PLAN, TRACT 9g-06, AND MAKING THE NECESSARY FINDINGS The Otay Ranch Company has applied to subdivide Village One West of the Otay Ranch Sectional Planning Area One Plan into 774 lots on 275 acres. The application proposes 684 single-family residential lots, a 6-acre neighborhood park, a 1 O-acre elementary school site, right-of-way reservation for the future Metropolitan Transit Development Board Light Rail Transit System, and open space lots. Included in the application is an "Alternative Map," which includes properties identified as "Out-Parcels," that subdivides approximately 294 acres into a total ofg01 lots.' Notice of the heating was given in accordance ~4th legal requirements, and the hearing was held on the date and at the time specified in the notice. Principal Planner Rosaler made a slide presentation explaining the proposed subdivision. Mayor Horton opened the public hearing. Kent Aden, representing The Otay Ranch Company, stated that one of the primary issues concerns the level of development which will trigger the construction of the P-13 neighborhood park. Staff would like consl~ucfion of the park to commence with the issuance of the 300t~ building permit for the project, and his company would like to commence the park!s construction when the 400~ permit is issued. He also spoke regarding the grid street system for Neighborhoods R-55 and R-58, stating that the company prefers the design recommended by the Planning Commission, rather than the Page 4 - Council Minutes 08/17/99 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDiNANCES (Continued) proposed by staff, to allow view lots and less grading. He also commented on the proximity of some lots to the trolley line and stated that potential noise levels will be disclosed to furore buyers, and the noise will be mitigated by ~g air condifi0ning'~ystems and soilnd Walls~: ,He asked the Council to approve the proposed subdivision, the alternative map, ahd~ the Planning Commission's recommendations for the project. ACTION: Following Council discussion, Councilmember Moot moved to delete Lots #36 and #43 in Neighborhood R-50, Lot #8 in Neighborhood 5lA, and Lot #45 in Neighborhood 52A f~om the Alternative Map to mitigate future light rail noise impacts to single-family homes and to include the tot area in Open Space Lots #29 and: #30.: .' Mayor' Horton:seconded the motion, and' it: carried 4-1, with Councilmem, ber Davis voting in opposition. ACTION: Mayor Horton moved to require construction of Park P-13 commencing with the issuance of the building permit for the 400~ dwelling unit. Councilmember Davis seconded the motion, and it carried 5-0. ACTION: Councilmember Moot moved to approve the applicant's proposed lot configuration as shown on the Alternative Map and to adopt Resolution Nol 19572, heading read, text waived. Councilmember Padilla seconded the motion, and it carried 5-0. 12. PUBLIC HEARING REGARDiNG CONSIDERATION OF DECLARATION OF INTENTION TO FORM AND ESTABLISH COIvfMUNITY FACILITIES DISTRICT 99-1 (OTAY RANCH SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE FIVE, ANrD VILLAGE ONE WEST); AND DECLARATION OF NECESSITY TO INCUR A BONDED INDEBTEDNESS, PURSUANT TO THE PROVISIONS OF THE "MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982", FOR THE PURPOSE OF ACQUISITION OF CERTAIN PUBLIC FACILITIES THROUGH THE ISSUANCE OF BONDS SECURED BY SPECIAL TAXES On July 13, 1999, Council approved a resolution of intention to form Community Facilities District No. 99-1 and set the public hearing for August 17, 1999: The district will fund the construction of public facilities serving the Otay Ranch SPA One, portions of Village One, Village Five and Village One West. The action proposed at this meeting will continue the formal proceedings leading to the establishment of Community Facilities District No. 99-1. Recommendation: The public hearing be continued to August 24, 1999. (Director of Public Works) 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. ACTION: Mayor Horton moved to continue the hearing to August 31, 1999, as recommended. Councilmember Davis seconded the motion, and it carried 5-0. - CITY OF CHULA VISTA DISCLOSU~RE STATES{ENT You are reqUa'ed to file a Statement of Disclosure Of certala ownership or financial interests, payments, or campaign contributions on all matters which will require discretionary action on the part of the City Council, planning Commission, and all other official bodies. The following information must be disclosed: 1. List the narn~ of all persons having a financial interest in the property which is the subject of the application or the Cunn-act, e.g., owner, applicant, Con~'actor, subcontractor, material supplier, etc. If any person* identified pursuant to (1) above is a corporation or parmerskip, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the parmership. 3. If any person* identified pursuant to (1) above is a non-profit or?niza[ion or a trast, list the names of any person serving as director of the non-profit orga~Zation or as trustee or beneficiary, or tmstor of the trust. 4. Have you had more than $250 worth of business transacted with any member of the City staff, Bo~ds, Commissions, Committees, and Council within the past twelve months? Yes_.._ No.._.~ If yes, please indicate person(s):_ 5. Please identify each and every person, including agents, employees, consultants, or independent Contractors who you have assigned to represent you before the City in this matter. 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Council member i~ the current or preceding election period? Yes__ No.~ If yes, state which Council member(s): * * * (NOTE: Attach Additional Pages ns Necessary) * * * St'gn~ture 5f Co'ntractor/Applicunt ' Printed or Typed Name of Contractor/Applicant * Person is defined'as: "Any individual, firm, co-parmership, join: venture, association, social club, paternal organizalion, corporation, estate, trust, receiver, syndicate, this and any other count).,, city, or courar),, ciO, municipality, district, or other political subdivision, or arty other group or combination acting as a unit. ' H: kH OME\ENGINEERkLANDD EV\FO RM S\ DISCLOS E.FRM ~7~ ~-~ RESOLUTION NO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL "B" MAP FOR OTAY RANCH, VILLAGE ONE WEST, NEIGHBORHOOD R-49A, CHULA VISTA TRACT NO. 98-06, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE ASSIGNABLE AND IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENTS, AND THE WALL EASEMENTS, ALL AS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION AND APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that certain map survey entitled Chula Vista Tract 98-06 OTAY RANCH, SPA ONE WEST, VILLAGE ONE WEST, NEIGHBORHOOD R- 49A, and more particularly described as follows: Lot 5 according to map thereof No. 14029, Chula Vista Tract No. 98-06 Otay Ranch, Village One West in the City of Chula Vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on August 30, 2000. Area: 9.193 Acres No. Of Lots: 60 Numbered Lots: 56 Lettered Lots: 4 Open Space Lots: 0.125 Acres is made in the manner and form prescribed by la~v and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City of Chula Vista the two foot wall easements, the sixty-two (62) foot wide general utility and access easements within over and around Lots "A, and B" for installation of public utilities, noting that use of said general utility and general access easements by others is subject to written permission and issuance of an Encroachment Permit from the City of Chula Vista. 1 BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that those certain easements with the right of ingress and egress for general utility, and general access, as granted thereon and shown on said map within said subdivision, are accepted on behalf of the City of Chula Vista as herein above stated. BE IT FURTHER RESOLVED that City Clerk be and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego upon the acceptance by the City of Chula Vista and its City Attorney of the improvement securities described in the Subdivision Improvement Agreement. BE IT FURTHER RESOLVED BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the for the completion of improvements in said subdivision, a copy of which is on file in the office of the City Clerk, is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt Jol~ ~. Kaheny Director of Public Works City Attorney H:\home~attorney\rs\OR Village I West 49A Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 2001, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and RWR OTAY INVESTOR 49A, LLC, 3130 Bonita Road, Suite 200B, Chula Vista, CA 91910, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the city of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as OTAY RANCH, VILLAGE ONE WEST, NEIGHBORHOOD R-49A, pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council; and 1 WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public · improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 19572, approved on the 27th day of August, 1999 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 00137-01 through 00137-05 inclusive, on file in the office of the City Engineer; and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of FIVE HUNDRED SEVENTY-EIGHT THOUSAND EIGHT HUNDRED TEN DOLLARS AND NO CENTS ($578,810.00) . NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision, including the improvements described in the above Recitals ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the office of the City Engineer and as described in the above Recitals this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement 2 Work required under the provisions of this contract to be done on or before the second anniversary date of Council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of TWO HUNDRED EIGHTY-NINE THOUSAND FOUR HUNDRED FIVE DOLLARS AND NO CENTS ($289,405.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of TWO HUNDRED EIGHTY-NINE THOUSAND FOUR HUNDRED FIVE DOLLARS AND NO CENTS ($289,405.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the city of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of EIGHT THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($8,500.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said 3 improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of I~provement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 4 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. 15. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein may be assigned to Subdivider's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. (NEXT PAGE IS SIGNATURE PAGE) 5 SIGNATURE PAGE OTAY RANCH, VILLAGE ONE WEST, NEIGHBORHOOD R-49A IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first herelnabove set forth. THE CITY OF CHULA VISTA RWR OTAY INVESTOR 49A, LLC Mayor of the City of Chula Vista ATTEST city Clerk Approved as to form by Cl~rney ~/ (Attach Notary Acknowledgment) 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT } x State of California County of ~ personally appeared ~-~ evidence I to be the pers____Ort(s) whose name(s) Es/ace subscribed to the within instrument and acknowledged to me that~he/sl:~Lt~ey executed '~ the same in . hi~s/baC, hek authorized ,~'~ ~ ,capacity(les), and that by h~is/hcr/their si n~e~) on the instrument the E.erson(.s), or the entity upon behalf of which the,person(s) acted, executed the instrument. ~ WITNE~ my hand and official seal. OPTIONAL Though the information below is not required by/aw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachrnent of this form to anolher document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: [] Individual Top of thumb here [] Corporate Officer-- Title(s): [] Partner-- E3 Limited [] Attorney in Fact E3 Trustee [] Guardian or Conservator [] Other: Signer Is Representing: LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $289,405 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $289,405 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $8,500 Securities approved as to form and amount by City Attorney Improvement Completion Date: Two (2) years from date of City Council approval of the Subdivision Improvement Agreement. H: \Home\At t ~rney\ S IA\ORV1WNR- 49A 7 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE "B" MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY P3kNCH, VILLAGE ONE WEST, NEIGHBORHOOD R-49A, PORTION OF VILLAGE ONE WEST, OTAY R3kNCH SPA ONE, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 19572 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the developer has executed a Supplemental Subdivision Improvement Agreement to satisfy remaining conditions of City Council Resolution No. 19572. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve the "B" Map Supplemental Subdivision Improvement Agreement for Otay Ranch, Village One West, Neighborhood R-49A, Portion of Village One West, Otay Ranch SPA One, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said Agreement on behalf of the City of Chula vista. Presented by Approved as to form by John P. Lippitt John~.UK~eny Director of Public Works City Attorney [H:/HOME~A~FORN EY~RESO\ssia OR Village One R~49A (March 21,2001 (9:47AM)] March 12, 2001 RECORDING REQUEST BY: City Clerk WHEN RECORDED MAIL TO: CITY OF CRTJLAVISTA 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or'received. Developer Above Space for Recorder's Use SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE FINAL "B" MAP OF NEIGHBORHOOD R-49A, IN V1LLAGE ONE WEST, SPA ONE OF THE OTAY RANCH PROJECT (Conditions: 1, 3, 4, 5, 8, 9, 10, 11, 94, 96, 126, 129, 130, and 138 of Resolution No. 19572) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this day of March, 2001, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for recording purposes only) and the signators of this Agreement, OTAY PROJECT L.P., a California Limited Parmership, RWR Otay Investors 49A LLC, a Delaware limited liability company ("Developer" or "Grantor"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concems and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is part of the Otay Ranch, Village One West, SPA One, a master planned development. For purposes of this Agreement the term "project" shall also mean "Property". Developer has applied for final map for the Property, more specifically known as Neighborhood R-49A. B. Otay Project L.P. conveyed title to Planning Areas R-49A to RWR Otay, and RWR Otay Investors 49A LLC on December 28, 2000. C. Developer and/or Developer's predecessor in interest has applied for and the City has approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 98-06 ("Tentative Subdivision Map") for the subdivision of the Property. D. The City has adopted Resolution No. 19572 ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. The conditions are attached hereto as Schedule "1 ." E. City is willing, on the premises, security, terms and conditions herein contained to approve final map of the property known as Neighborhood R-49A, as being in substantial conformance with the Tentative Subdivision Map described in this Agreement. Developer understands that subsequent final maps may be subject to the same security, terms and conditions contained herein. F. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: 1. For the purposes of this Agreement, "Final Map" means the final map for Neighborhood R-49A of Otay Ranch Village One West, SPA One. 2. "commencing construction" means when a construction permit or other such approval has been obtained from the City or a construction contract has been awarded for the improvement, whichever occurs first. 3. "complete construction" means when construction on said improvement has been completed and the City accepts the improvement. 4. "Owner or Developer" means the person, persons or entity having a legal or an equitable interest in the property or parts thereof and includes Owner's successors-in-interest and assignors of any property within the boundaries o f the map. This includes Otay Project, L.P. and any and all owners of real property within the boundaries of the Property, and all signatories to this Agreement including: i) Otay Project, L.P. ii) RWR Otay Investors 49A LLC 5. "guest builder" means those entities obtaining any interest in the Property or a portion of the Property, after the Final Map has been recorded. 6. "PFFP" means the SPA One Public Facilities Finance Plan adopted by Resolution No. 18286 as maybe amended fi-om time to t/me. 7. "RMP 2" means the Otay Ranch Resource Management Plan, Phase 2, 2 approved by the City Council on June 4, I996, as may be amended from time to time. 8. '~'A' Map Agreement" means the Supplemental Subdivision Improvement Agreement for the Village One West "A" Map No. 1, map number thereof 14029, adopted by Resolution No. 2000-301. 9. "Community Association" means the Otay Ranch Village One Community Association as defined in the Declaration of Covenants, Conditions and Restrictions of Otay Ranch Village One (C,C&R's) recorded on January 2, 1998 as Document No. 1998-0000749 and all Supplementary Declarations thereto. 10. "Community Common Area" means real property, and improvements situated thereon, owned in fee or leased by the Community Association for the common use and enjoyment of the Owners as further defined in said C,C&R's. 11. "Preserve/Owner Manager" is the entity or entities defined by the RMP 2 with the duties and responsibilities described therein. 12. "SPA One Plan" means the Otay Ranch Sectional Planning Area Plan as adopted by the City Council on June 4, 1996 pursuant to Resolution No. 18286 and amended on February 16, 1999 by Resolution No. 19376. 13. "Olympic Parkway Agreement" means the Agreement for the Financing and Construction of Olympic Parkrway and Related Roadway Improvements approved by the City Council on April 20, 1999 by Resolution No. 19410. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Performance Obligation. Otay Project, L.P., signator to this Agreement, represents to the City that it is acting as the master developer for this Project and expressly assumes performance of the obligations set forth in paragraphs 7, and 8 of this Agreement. Notwithstanding the foregoing, all parties to this agreement acknowledge and agree that all such obligations remain a covenant running with the land as set forth more particularly in paragraph 2 below. The City in its discretion will make a good faith effort to execute on bonds securing the obligations contained herein to the extent necessary to complete any tmfulfilled obligations of the master developer. 2. Agreement Applicable to Subsequent Owners. a. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property until released by the mutual consent of the parties. b. Agreement Runs with the Land. The burden of the covenants contained in th/s Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own fight and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to mainta'm any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. c. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project to a guest builder, Developer may request to be released fi-om Developer's obligations under this Agreement, that are expressly assumed by the guest builder. Developer must obtain the written consent of the City to such release. Such assigmnent to the guest builder shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. d. Partial Release of Developer's Assignees. If Developer assigns anyportion of the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement to the satisfaction of the City and such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. e. Release of Individual Lots. Upon the occurrence of any of the following events, Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's designee), have the right to release any lot(s) fi-om Developer's obligation under this Agreement: i. The execution of a purchase agreement for the sale ora residential lot to a buyer of an individual housing unit; ii. The conveyance of a lot to a Homeowner's Association. The City shall not withhold its consent to such release so long as the City finds in good faith that such release will not jeopardize the Cit,fs assurance that the obligations set forth in tlfis Agreement will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or Manager's designee which confirms the release of such lot or parcel fi:om the encumbrance of this 4 Agreement. Notwithstanding the foregoing, i) at the close of an individual homeowner's escrow, or ii) conveyance to a homeowner's association of any Itt or parcel encumbered by this Agreement, such lot or parcel shall be automatically released fi.om the encumbrance hereof. 3. Condition No. 1 - (General Preliminary In partial satisfaction of Condition 1 of the Resolution, Developer hereby agrees, to comply with the requirements and guidelines of the Otay Ranch General Development Plan (GDP), the SPA One Parks, Recreation, Open Space and Trails Plan, the Public Facilities Financing Plan ("PFFP"), Ranch-Wide Affordable Housing Plan, SPA One Affordable Housing Plan, and the SPA One Non-Renewable Energy Conservation Plan, as may be amended from time to time, and shall remain in compliance with and implement the terms, conditions and provisions of said documents. 4. Condition No. 3 - (General Preliminary). In partial satisfaction of Condition No. 3 of the Resolution, Developer agrees that if any of the terms, covenants or conditions contained within the Resolution shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the fight to deny the issuance of building permits for the Project, deny, or further condition the subsequent approvals that are derived fi.om the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The applicant shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable period of time. 5. Condition No. 4 - (General Preliminary). In partial satisfaction of Condition No. 4 of the Resolution, Developer hereby agrees to indemnify, protect, defend and hold the City harmless fi.om and against any and all claims, liabilities and costs, Including attorney's fees, arising from challenges to the Environmental Impact Report for the Project and/or any or all entitlements and approvals issued by the City in connection with the Project. 6. Condition No. 5 - (General Preliminary). In partial satisfaction of Condition No. 5 of the Resolution, Developer hereby agrees, that Developer shall comply with all the applicable SPA One conditions of approval. 7. Condition Nos. 8, 10 and 11 - (Conveyance Obligation). In partial satisfaction of Condition Nos. 8, 10, and 11, the Developer agrees as follows: a. The Developer provided the City with Irrevocable Grants of Fee Title, of approximately 797.14 acres of real property in accordance with the RMP 2, a portion of which (46.972 acres) is intended to satisfy the particular acreage conveyance obligation of the Final Maps at a rate of 1.188 acres of conveyance per acre of area within the Final Maps, as of the date of this Agreement. But such obligation may be subject to change in accordance with paragraph c below. Any remaining mount shall be credited towards any future map obligations. b. That such dedicated property shall be granted in fee title to the City and County of San Diego as joint tenants and subject to the approval of the Preserve Owner/Manager. Should the Preserve OwnerFManager not approve this conveyance, Developer agrees to convey equivalent real property that complies with this provision. c. That Developer shall convey additional real property if necessary in order to comply with the conveyance formula described in RMP 2, as may be amended by City. Developer acknowledges that the amended RMP 2 may conta'm a conveyance formula greater than 1.188 acres per developable acre. d. That all land to be conveyed as described above shall be free and clear of liens and encumbrances except for easements for existing public infrastructure and other easements approved by the City or for planned public infrastructure as permitted in the RMP, Phase 2. Developer further agrees to pay all taxes and assessments as they came due as to the land to be conveyed until title has legally transferred to the City and County of San Diego. e. Developer acknowledges that property within the boundaries of the "A" Map which will be the subject of future final maps may have conveyance obligations to fulfill for all development areas, including applicable streets, open space lots, paseos, pedestrian parks and slope areas shown on the "A" Map. 8. Condition No. 9 - (CEQA). In partial satisfaction of Condition No. 9 of the resolution, the Developer shall implement all apphcable mitigation measures identified in EIR 95-01, subsequent EIR 9%03, the CEQA Findings of Fact for this Project (on file in the City Clerk's Office as Document No. CO96-056 and No. 18286) and the Mitigation Monitoring and Reporting Program (on file in the City Clerk's Office as Document No. CO96~057 and Nos. 18284 and 18285). 9. Condition No. 94 - (MHOA Maintenance Responsibilities). In satisfaction of Condition No. 94 of the Resolution, Developer agrees to notify future property owners at escrow, by a document to be initialed by the property owner, of the maintenance responsibilities of the MHOA and the estimated annual cost of those maintenance responsibilities. 10. Condition No. 96 - (Walls on City Property). In satisfaction of Condition No. 96 of the Resolution, Developer agrees to have each purchaser of homes adjoin/ng open space lots containing walls maintained by the Open Space District sign a statement stipulating that they are aware that the walls are on City Property and that the purchasers shall not modify or supplement the wall or encroach onto City Property. 11. Condition No. 126 - (Acoustic Analysis). In partial satisfaction of Condition No. 126, the Developer agrees to notify during escrow by a document to be initialed by future property owners within 200 feet of the centerline of the MTDB San Diego Trolley (the "Future Lightrail Easement" depicted on the "A" Map), that an acoustical analysis for the Trolley was prepared and will be made available for the future owners to review. 12. Condition No. 129. - (PFFP). In partial satisfaction of Condition No. 129 of the Resolution, Developer agrees to adhere to the PFFP and any amendments thereto, approved by the City Council, including but not limited to the, SPA and tentative map improvements installed in accordance with said Plan or as required to meet threshold standards adopted by the City. Developer and City acknowledge that the PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area. Throughout the build-out of SPA One, actual development may differ fi.om the assumptions contained in the PFFP (i.e., the development ofEastLake m). Developer understands that neither the PFFP nor any other SPA One document grant the Developer an entitlement to develop as assumed in the PFFP, or limit the SPA One's facility improvement requirements to those identified in the PFFP. Developer acknowledges that compliance with the City's threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern SPA One development patterns and the facility improvement requirements to serve said development. In addition, the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. Developer understands and agrees that the City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. Developer agrees that concurrent with the approval of the first final map approved after a Public Facility Financing Plan has been approved for the EastLake m GDP Area, the Developer shah update, at Developer's sole expense and subject to a Reimbursement Agreement, the SPA 1 PFFP and agrees that the City Engineer may change the timing of construction of the public facilities, including without limitation, the nature, sizing, extent and timing for the construction of public facilities caused by SPA One, shall become a condition for all subsequent SPA One entitlements, including tentative and final maps. 13. Condition No. 130. - (Code Requirements). In partial satisfaction of Condition No. 130 of the Resolution, Developer agrees to comply with all applicable sections of the Chula Vista Municipal Code. 14. Condition No. 138 - (Planned Community District Regulations). In partial satisfaction of the Condition No. 138 of the Resolution, the Developer agrees that all proposed development shall be consistent with the Otay Ranch SPA One Planned Community District Regulations. 15. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes partial satisfaction of Developer's obligation of Conditions: 1, 3, 4, 5, 8, 9, 10, 11,126, 129, 130, and 138 of Resolution No. 19572 and satisfaction of Condition Nos. 94 and 96 of the Resolution. Developer further understands and agrees that some of the provisions herein may be 7 required to be performed or accomplished prior to the approval of other final maps for the Project, as may be appropriate. 16. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Tentative Map, established by the Resolution and shall remain in compliance w/th and implement the terms, conditions and provisions therein. 17. Previous Agreements. The Developer acknowledges that nothing in this Agreement shall supersede, nullify or otherwise negatively impact the terms of the "A" Map Agreement, unless specifically noted herein. Tiffs Agreement affirms and reflects the terms, conditions and provisions of the "A" Map Agreement, and of the Tentative Map 98-06 conditions applicable specifically to the Final Maps for the Property. 18. Recording. This Agreement, or an abstract hereof shall be recorded~ simultaneously with the recordation of the Final Maps. 19. Building Permits. Developer understands and agrees that the City may withhold the issuance of building permits and all other permits for the entire SPA One project area, should the Developer be determined by the City to be in breach of any of the terms of this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. Developer further acknowledges and agrees that the City may withhold building perm/ts within the Final Map as defined herein if the required public facilities for SPA One, as defined in the PFFP or as amended by the Annual Monitoring Program or otherwise conditioned, have not been completed or constructed to the satisfaction of the City. 20. Miscellaneous. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duty served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first- class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA. 91910 Atto: Director of Public Works Otay Project, LLC 8 350 West Ash Street, Suite 730 San Diego, CA 92101 Atto: Kim John Kilkenny Fax (619) 234-4088 RWR Companies 3130 Bonita Road Suite 200B Chula Vista, CA 91910 Attention: Don McClean A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. b. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or whtten representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. d. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitals; Exhibits. Any recitals and exhibits set forth above are incorporated by reference into this Agreement. f. Attorneys' Fees. If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment aga'mst the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. [NEXT PAGE IS PAGE ONE OF SIGNATURE PAGES] [PAGE ONE OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT NEIGHBORHOODS R-49AOF THE OTAY RANCH, VILLAGE ONE WEST, SPA ONE] CITY OF CHULA VISTA Mayor of the City of Chula Vista Attest: Susan Bigelow City Clerk Approved as to Form: Jol~ ~VI~.' ~r/aheny City Attorney DATED: ,2000 [NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES] l0 5:¢ [PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR NEIGHBORHOOD R-49A OF THE OTAY RANCH, VILLAGE ONE WEST, SPA ONE] DEVELOPERS/OWNERS: OTAY PROJECT, L.P., a California limited partnership By: Otay Project, LLC, a California limited liability company, General Partner By: Otay Ranch Development, LLC, a Delaware limited liability company, Authorized Member By: RWR Otay Investors 49A LLC, a Delaware limited liability company (ATTACH NOT~Y AC~O~EDG~NTS) ill CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~,~'~ personally appeared _ % & % ~ ~V%Name{s) fSigner(s) L~ personally known to me ~ed to me on the basis of satisfactow evidence to be the cers~) whose name) is~  subscribed to the within instrument and acknowledged to me that ~/%he/they executed the same in hi~/~ authorized ~i~), and that by hi./her/their J ~ ~ ~ ~ ~ ~r~) on the instrument the~n~ or ~ the entity upon behalf of which the perso~ acted, executed the instrument. W~my hand and o~cial seal. Description of ~ttach~d Document Title or lypo of Document: ~ocument Date: ~umber o~ Signor(s) Other Than ~amed Above: Capacit~{i~s) Claimed by $i~ner ~ Corpomto Officer ~ ~tle(s): ~ ~a~ner ~ ~ Umited ~ Genoral ~ A~orney in ~act ~ Other: Si~ner Is ~eprosent~n~: [PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR NEIGHBORHOOD R-49A OF THE OTAY RANCH, VILLAGE ONE WEST, SPA ONE] DEVELOPERS/OWNERS: OTAY PROJECT, L.P., a California limited partnership By: Otay Project, LLC, a California limited liability company, General Partner By: Otay Ranch Development, LLC, a Delaware limited liability company, Authorized Member By: ~ RWR Otay Investor 49A LLC, a Delaware limited liability company By: .LB/L-RWR Master LLC,a Delaware limited liability company, its Member By: LB/Lakeside Capital Partners LLC, a Delaware limited liability company, its Managing Member By: (ATTACH NOTARY ACKNOWLEDGMENTS) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California '~ ss, County of personally appeared ~ ~ Name(~) of Signer(s) I ~rsonally known to me E~ proved to me on the basis of satisfacto~ evidence ] -~ %.;[;6;~O~1; i to be the person~ whose name(~ is/ar~ ~ N~b~-ColJf~ ~ subscribed to the within instrument and ~ S~ ~ ~ [ acknowledged to me that he/~y executed ~ ~C~m.~l~.~ the same in his/~r/th~h~ authorized ............ capacitg(~), and that s~nature(~ on the instrument the person~ or the entity upon behalf of which the Oerson(~ actod, oxoculed the instrument. OPTIONAL Doscription of ~ttached Documont litle or lype o[ Documeat: ~4r~ - Documont Date: ~umbor of Si~ner(s) Other lhan ~amoO Above: Capacity{ios) Claimod b~ Si~ner's ~ame: ; Individual Tap of thumb here ~ ~ Corporate Officer-- Title(s): L Pa~ner~, I Limited ~ !General ~ A~orney in Fact [;3 Trustee ~ Guardian or Conse~ator ~] Other: Signer Is Representing: List of Exhibits Extfibit A Legal Description of Property EXHIBIT "A" DESCRIPTIONS OF PROPERTY OF FINAL MAPS FOR NEIGHBORHOOD R-49A LOT 5 OF OTAY RANCH, VILLAGE ONE WEST "A" MAP NO. 1, CHULA VISTA TRACT NO. 98-06, ACCORDING TO MAP THEREOF NO. 14029 FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 30, 2000 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. H:~IO M E~EN GiN EE R~,i-&N D D EVXOTAY RN C H W ! W-R49ASS[A.doc COUNCIL AGENDA STATEMENT Item Meeting Date: 3/27/01 ITEM TITLE: Resolution Accepting bids and awarding contract for the "Parking Lot Repair at Parkway Gym in the City o£ Chula Vista, California (PR-233)" Project. SUBMITTED BY: Director of Public Works~ REVIEWED BY: Ci-- Maria er~'/~ ~ (4/Sths Vote: Yes No X) ~Y g On February 28, 2001, the Director of Public Works received sealed bids for the "Parking Lot Repair at Parkway Gym in the City of Chula Vista, California (PR-233)" Project. The work to be done, includes mobilization, excavation and grading, removal and disposal of existing improvements, installation of A.C. pavement, crushed aggregate base, rubberized emulsion aggregate slurry seal, curb modifications, cold planing, saw cutting, installation of P.C.C. concrete curb outlet and P.C.C. concrete swale, pavement striping, installation of 4" PVC conduit pipe, installation of root barrier, traffic control, protection and restoration of existing improvements. The work also includes all labor, material, equipment and transportation necessary for the project. RECOMMENDATION: That Council accept bids and award the contract for the "Parking Lot Repair at Parkway Gym in the City of Chula Vista, California (PR-233)" to Frank & Son Paving, Inc. of Chula Vista, California, in the amount of $48,024.09. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: This project provides for the repair of the existing parking lot at Parkway Gym on the comer of Fourth Avenue and Park Way. The parking lot is badly deteriorated and needs to be reconstructed due to damage caused by tree roots and standing water. The large trees located along Fourth Avenue have cracked the existing pavement and need root pruning and root barriers to prevent future pavement problems. A P.C.C. concrete swale is required to convey water off the pavement. ADA curb modifica[ions are required also for handicap parking areas to provide access to the building. The general scope of the project involves the excavation and grading, removal and disposal of existing improvements, installation of AC pavement, crashed aggregate base, rubberized emulsion aggregate slurry seal, curb modifications, cold planing, saw cutting, installation of root barrier, installation of 4" PVC conduit pipe, P.C.C. concrete curb outlet, P.C.C. concrete swale and pavement striping. The work also includes all labor, materials, equipment, transportation, protection of existing improvements and traffic control necessary for the project and other work necessary to perform the new improvements complete and workable. Engineering Staff prepared plat and specifications and advertised the project. Staff received and opened bids for the project on February 28, 2001. Page 2, Item Meeting Date: 3/27/01 The City received bids from five contractors as follows: CONTRACTOR BID AMOUNT 1. Frank & Son Paving, Inc., Chula Vista, California $48,024.09 2. Nickell Engineering, Chula Vista, California $57,501.00 3. American Asphalt & Concrete, Inc., Spring Valley, California $64,612.79 4. Angus Asphalt, Inc., Santee, California $68,108.00 5. Kirk paving, Inc., La Mesa, California $69,989.50 The low bid by Frank & Son Paving, Inc. is below the Engineer's estimate of $67,665 by $19,640.91 or approximately 29%. Staff's bid estimate was based on average prices for similar type of work completed during the last three years. Engineering staff has verified the references provided by the contractor and their work has been satisfactory. The Contractor's License No. 612545 is current and active. Staff has reviewed the low bid and recommends awarding the contract for $48,024.09 to Frank & Son Paving, Inc. of Chula Vista, California. Disclosure Statement Attached is a copy of the contractor's Disclosure Statement. Environmental Status The Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section 15301, Class 1 (c) of the California Environmental Quality Act (Existing Facilities). Wage Statement Contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this project. No special minority or women owned business requirements were necessary as part of the bid documents. Disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various trade publications. Fiscal Impact FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount (Frank & Son Paving, Inc.) $48,024.09 B. Contingencies (approximately 15%) $7,200.00 C. Staff Costs (Design, Survey & Inspection) $8,775.91 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $64,000.00 FUNDS AVAILABLE FOR CONSTRUCTION A. RCT $64,000.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $64,000.00 Upon completion of the project, only routine maintenance will be required. Attachment: Contractor's Disclosure Statement H:\HOME\ENGINEERkAGENDA\PR233 Al 13 CM.doc THE CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-01, prior to any action upon matters which will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following iuformation must be disclosed: 1. List the names of all persons having a financial interest in tile property that is the subject of the applicatiou or the contract, e.g:, owner, applicant, contractor, subcontractor, material supplier. Fransisco Vasquez Alicia Vasquez 2. If any person* identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. Fransisco Vasquez Alicia Vasquez 3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list tile names of an3' person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. Nor~ 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. Fransisco Vasquez President Alicia Vasquez Treasurer Rud¥ Gutierrez Chief Estimator H:\HOME\ENGINEER~ADM IN~CONTR ACT~PR233 CNT.DOC 5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chula Vista as it relates to this contract within the past 12 months? Yes No X ' If Yes, briefly describe the nature of the financial interest the official** may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? Yes No X If Yes, which Council member? 7. Have you or any member of your governing board (i.e. Corporate Board of Directors/Executives, non-profit Board of Directors ~nade contributions totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes No X If Yes, which Council member? 8. Have you provided more than $300 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes __ No X If Yes, which official** and what was the nature of item provided? Date: 2-28-01 / 'A~can Signature'~' i~o~tr-a~,¢ t Alic~ Va~ aez Print or type nt(me of't ontractor/Applicant * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. 15 H:\HOME\ENG INEER~ADM IN~CONTRACT'tPR233 CNT.DOC RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "PARKING LOT REPAIR AT PARKWAY GYM IN THE CITY OF CHULA VISTA, CALIFORNIA (PR-233)" PROJECT WHEREAS, on February 28, 2001, the Director of Public Works received the following five sealed bids for the Parking Lot Repair at Parkway Gym: CONTRACTOR BID AMOUNT 1. Frank & Son Paving, Inc., Chula Vista, California $48,024.09 2. Nickell Engineering, Chula Vista, California $57,501.00 3. American Asphalt & Concrete, Inc., Spring Valley, California $64,612.79 4. Angus Asphalt, Inc., Santee, California $68,108.00 5. Kirk Paving, Inc., La Mesa, California $69,989.50 WHEREAS, the low bid by Frank & Son Paving, Inc. is below the Engineer's estimate of $67,665 by $19,640.91 or approximately 29% and Engineering staff has verified the references provided by the contractor and their work has been satisfactory; and WHEREAS, staff has reviewed the low bid and recommends awarding the contract for $48,024.09 to Frank & Son Paving, Inc. of Chula Vista, California; and WHEREAS, the Environmental Review Coordinator has revie~ved the work involved in this proje, ct and has determined that the project is exempt under Section 15301, Class I (c) of the California Environmental Quality Act (Existing Facilities); and WHEREAS, contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this project and no special minority or women oxvned business requirements were necessary as part of the bid documents, however, disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various trade publications. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept bids and award the contract for the "Parking Lot Repair at Parkway Gym in the City of Chula Vista, California (PR-233) to Frank & Son Paving, Inc. of Chula Vista, California, in the amount of $48,024.09. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby attthorized and directed to execute said contract on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt John M. Kaheny Director of Public Works City Attorney [[:~,homc~,attorney\rs\parkway gym bid COUNCIL AGENDA STATEMENT ! Item No.: Meeting Date: 3/27/01 TITLE: Resolution Waiving the City's formal bidding process, approving an Agreement between the City of Chula Vista and Criterion Planners/Engineers Inc. for consulting services to evaluate transportation and energy efficient land use planning and building construction measures for new development, to prepare a customized computer model and related reports to analyze three pending development projects, and authorizing the Mayor to execute said Agreement. SUBMITTED BY: Director of Planning and Building REVIEWED BY: City Manager ~a~% iv (4/5th Vote: Yes No X ) On November 14, 2000, the City Council adopted the Carbon Dioxide (CO2) Reduction Plan, which included implementing measures regarding transportation and energy efficient land use planning and building construction measures for new development. Council directed that the land use and construction oriented measures be folded into a program to be implemented primarily by the Planning and Building Department. The Department is embarking on a program that will ensure that air quality and energy conservation measures are implemented at the Sectional Planning Area (SPA) site planning level, and building construction level. Part'of this effort involves development of a computer model for analyzing the relative effectiveness and costs of applying various site design and energy conservation features in three pending new development projects; EastLake III, and Otay Ranch Village 6 and Village 11. This report requests City Council approval of a proposed Agreement between the City and Criterion Planners/Engineers Inc. (who prepared the CO2 Reduction Plan) for $57,790 to provide consulting services to prepare the computer model and related reports, and to analyze the three development projects. RECOMMENDATION: That the City Council approve the Resolution. BOARDS/COMMISSIONS RECOMMENTATION: N/A DISCUSSION: Background The Growth Management Ordinance requires that all major development projects (50 dwelling units or greater) prepare an Air Quality Improvement Plan (AQIP) in conjunction with Sectional Planning Area (SPA) Plan preparation. To date there have been no formal adopted guidelines for Page 2, Item No.: Meeting Date: 3/27/01 preparation of these plans, and project applicants have prepared the required AQ1Ps primarily to address State and Federal mandates. Council's adoption of the Carbon Dioxide (CO2) Reduction Plan on November 14, 2000, provides for further consideration of land use and energy efficient measures in new development to reduce CO2 emissions, energy consumption and air pollution. CO2 Reduction Plan The recently adopted Carbon Dioxide (CO2) Reduction Plan recommends that the Growth Management Ordinance be strengthened by folding the various land use and development-related measures from this Plan into a future "City of Chula Vista Sustainable Development Program". In this Plan, it was recognized that the City's efforts to reduce carbon dioxide emissions from new development are directly related to energy conservation efforts; therefore, the Sustainable Development Program looks at both issues simultaneously. In addition, the Sustainable Development Program will also address water conservation and other land use related environmental considerations. Implementation will fall under three tiers: 1. Citywide (General Plan) Level - The feasibility of the land use measures will be reviewed as a part of the upcoming General Plan update. The final work program for the General Plan update is being developed and will go forward to the City Council for review and approval in the near future. As part of this work program, staff will be proposing a Citywide "Land Use Distribution Study" which will evaluate possible locations for development near transit stations or other major activity centers, where mixed uses and higher density residential development will be considered. 2. Site Planning (SPA Plan) Level - "Sustainable Development" planning concepts will be developed and implemented in new SPA Plans through updating the guidelines for preparation of Air Quality Improvement Plans which are required to be prepared for all new projects at the SPA plan level of review. The land use measures listed in the CO2 Plan will be required to be addressed in the AQIP's and applied at the SPA Plan level wherever feasible. 3. Individual Proiect (Building Permit) Level - At the time of preparation of AQIP's, the project applicant will also be required to address project-level conservation measures that could be implemented at the time of building permit issuance for individual projects. These construction level measures could include specific building insulation and window glazing requirements, solar heating and water heating systems, and other similar measures that can be incorporated at the time the project is developed. It should be noted that the CO2 Reduction Plan identifies project-level "Energy Efficient Building Programs" as a specific implementation measure (Measure 18), and establishes a goal for reducing emissions "by developing building programs that are a minimum of 20% more energy efficient than Title 24 Energy Code requirements." This goal referred to the Title 24 requirements that were in existence at the time the CO2 Plan was adopted, and which will remain in effect until June 2001, at which time they will be replaced with more stringent requirements. Page 3, Item No.: Meeting Date: 3/27/01 GreenStar EPA Grant The City was previously awarded an $80,000 grant from the Environmental Protection Agency (EPA) to develop the GreenStar Building Incentive Program (GreenStar). The program was originally designed to encourage green building and energy efficient building practices at the construction level only. However, with the adoption of the CO2 Reduction Plan, and recognizing that the City's planning process requires new development projects to be reviewed for air quality improvements and energy efficiency at both the site planning and construction level, the GreenStar program has been expanded to include the identification of air quality/energy conservation measures at both the SPA plan (site planning) level and individual project (construction) level. It is being proposed that a portion of the grant be used to fund a consultant prepared "pilot study" that will utilize a specific computer model to evaluate the effectiveness of various air quality/energy conservation measures for three new development projects, and to use the information gained from this pilot study to develop guidelines to be applied to other new development projects. Proposed Pilot Study Program and Contract As indicated above, in order to implement the CO2 Plan and the GreenStar Program, staff is developing a "pilot study" program that will be applied to three pending SPA Plans (EastLake III, Otay Ranch Village 6 and Village 11), with the cooperation of the developers, EastLake Development, McMillin Communities and Brookfield/Shea Otay. The Pilot Study program and proposed contract with Criterion Planning/Engineers Inc. involves the following main components: 1. The consultant (Criterion Planning/Engineers Inc.) and staff will conduct research and prepare a menu of site planning level and construction level measures taken from the CO2 Reduction Plan and other sources, which are determined to be feasible and reasonable to implement for these projects. Staff is in the process of researching and evaluating the following additional information for consideration in the pilot study: · Programs available through the San Diego Regional Energy Office. · Information on available Solar Photo Voltaic (PV) electric production systems and solar water heaters. Staff has collected initial information on these systems and has spoken with a representative of Shea Homes regarding their Scripps Ranch project. · Energy Efficient Building Programs including the Community Energy Efficiency Program (CEEP), ComfortWise and Home Energy Partnership (HEP). Page 4, Item No.: Meeting Date: 3/27/01 2. The consultant will utilize their existing computer model called INDEX, which will be customized to incorporate specific regional climatic and other conditions for Chula Vista, to analyze the three development projects relative to air quality and energy conservation. The following tasks will be included in the project-level studies: · Compare the proposed development projects to a "baseline" project which was designed and built prior to current Federal and State energy conservation standards; · Evaluate the effectiveness of incorporating various site planning and construction level energy conservation measures, using the INDEX model; · Prepare cost effectiveness and feasibility analyses of the various measures under consideration; · Recommend which, if any, additional measures should be included in each of the three pending projects; · Prepare final draft AQIP's for each of the three projects, to be considered by the Planning Commission and City Council prior to tentative map approval. It should be noted that the AQIPs are normally required to be reviewed in conjunction with SPA Plans. However, in order to allow time for completion of the pilot study, and incorporation of results into the documents, staff intends to bring the AQIPs forward for consideration with the projects' tentative subdivision maps. Sole Sourcing of Contract The scope of the pilot project requires a consultant with specialized expertise to establish a set of site planning and construction features, and to develop a customized computer model for analyzing development projects relative to air quality and energy conservation. As was previously noted, Criterion Planning/Engineers was the City's consultant for the preparation of the CO2 Reduction Plan and is familiar with the City's goals and implementation measures resulting from adoption of that Plan. Furthermore, they have developed a computer program called INDEX which measures the attributes and perfom~ance of land use plans and building design features, and which can be customized to incorporate specific climatic and other local conditions. The INDEX model is successfully in use by more than 75 organizations in 25 states. Pursuant to provisions of the City's purchasing regulations (CVMC Section 2.56.070.B.4), staff has found Criterion to be uniquely qualified and capable of performing the work, and is proposing to sole source the consulting contract for the pilot study to them. Staff rcceived a bid of $57,790 from Criterion for their services. Page 5, ltem No.: Meeting Date: 3/27/01 FISCAL IMPACT: As noted, the City was awarded an $80,000 grant from the Environmental Protection Agency (EPA) to develop the "Carbon Dioxide Reduction Plan: GreenStar Building Incentive Program." A portion of the grant provides for contractual services to design software for menu driven options to enhance energy efficiency in new construction and develop air quality standards. Criterion's cost to prepare the customized computer model, analyses and associated reports is $57,790, which will be paid from the EPA grant. In the original grant, however, only $30,000 was earmarked for consulting services. Staff has spoken with EPA who has agreed to allow expenditure of the $57,790 for Criterion's contract. In order to accomplish this, the net difference of $27,790 must be drawn away from other areas of the grant; namely funds used to support a contract planner to design and implement related programs. The Planning and Building Department has sufficient funds within its current, adopted budget (from salary savings) to cover the net $27,790 replacement cost for these staff services. Attachments A. Two-Party Agreement B. Resolution H:\HOM E\PLANN1NG~vlARYVXCRITERION-Revised-A 113 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CITY'S FORMAL BIDDING PROCESS, APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CRITERION PLANNERS/ENGINEERS 1NC. FOR CONSULTING SERVICES TO EVALUATE TRANSPORTATION AND ENERGY EFFICIENT LAND USE PLANNING AND BUILDING CONSTRUCTION MEASURES FOR NEW DEVELOPMENT, TO PREPARE A CUSTOMIZED COMPUTER MODEL AND RELATED REPORTS TO ANALYZE THREE PENDING DEVELOPMENT PROJECTS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. WHEREAS, the City of Chula Vista's Growth Management Ordinance requires that all major development projects prepare an Air Quality Improvement Plan (AQIP) at the time of Sectional Planning Area (SPA) Plan preparation; and WHEREAS, on November 14, 2000, the City Council adopted the Carbon Dioxide (CO2) Reduction Plan which provides for consideration of land use and energy efficient measures in new development to reduce CO2 emissions, energy consumption and air pollution, and expects AQIP's to include implementation of applicable measures identified in the CO2 Reduction Plan; and WHEREAS, there are three SPA Plans under preparation and review (EastLake III, and Otay Ranch Village Six and Village Eleven) which must prepare AQIP's assessing the benefits of specific project design features and energy conservation measures; and WHEREAS, it is now necessary for the City to evaluate specific site design and energy conservation measures for new developments to prepare AQIPs consistent with the CO2 Reduction Plan; and WHEREAS, the knowledge and experience necessary to study and prepare guidelines and make recommendations for the three SPA Plan AQIPs requires the hiring of a consultant with particular expertise; and WHEREAS, pursuant to Chula Vista Municipal Code Section 2.56.070.B.4, staffhas determined that the Agreement meets the criteria for sole sourcing as follows: 1. Criterion Planners/Engineers Inc. served as the City's consultant in the preparation of the CO2 Reduction Plan and is very familiar with the Plan and its implementation measures. 2. Criterion Planners/Engineers Inc. has unique expertise in computer modeling, and has developed a model (called INDEX) which evaluates the effectiveness of incorporating various land use, site planning and construction level energy conservation measures in development projects. The INDEX model is in use in over seventy-five organizations in twenty-five states. 3. Staff has reviewed Criterions cost proposal and found it to be reasonable; and WHEREAS, Criterion Planners/Engineers Inc. warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Consultant to City within the time fi:ames, and pursuant to the scope of services herein provided all in accordance with the terms and conditions of the Agreement; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby waive the formal bidding process. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby approve an Agreement with Criterion Planners/Engineers Inc. for professional services including the preparation of a customized computer model, reports relative to air quality and energy conservation for three development projects, and the required AQIPs for those projects. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said Agreement for and on behalf of the City Council of the City of Chula Vista. Presented by Approved as to form by Robert A. Leiter Qfohn/~l. Kaheny ~) Director of Planning and Building Cjl, y'Attorney (H:\home\planning\maryv\crit.revised.reso,doc) Agreement between City of Chula Vista and Criterion Planners/Engineers Inc. for Consulting Services to evaluate transportation and energy efficient land use planning and building construction measures for new development, to prepare a customized computer model and related reports to analyze three pending development projects This agreement ("Agreement"), dated for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 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 of Chula Vista's Growth Management Ordinance requires that all major development projects prepare an Air Quality Improvement Plan (AQIP) at the time of Sectional Planning Area (SPA) Plan preparation; and Whereas, the City Council recently adopted the Carbon Dioxide (CO2) Reduction Plan which provides for consideration of land use and energy efficient measures in new development to reduce C02 emissions, energy consumption and air pollution, and expects AQIP's to include implementation of applicable measures identified in the CO2 Reduction Plan; and Whereas, it is necessary to establish standards, guidelines and a model by which to accordingly evaluate SPA Plans and implement measures through required AQIP's; and Whereas, there are three major SPA Plans under preparation and review (EastLake III, and Otay Ranch Village Six and Village Eleven) which must prepare AQIP's assessing the benefits of specific project design features and energy conservation measures; and 2ptyl3.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 1 WHEREAS, it is now necessary for the City to evaluate specific site design and energy conservation measures for new developments to prepare AQIPs consistent with the CO2 Reduction Plan; and WHEREAS, the knowledge and experience necessary to study and prepare guidelines and make recommendations for the three SPA Plan AQIPs requires the hiring of a consultant with particular expertise; and WHEREAS, pursuant to Chula Vista Municipal Code Section 2.56.070.B.4, staff has determined that the Agreement meets the criteria for sole sourcing as follows: 1. Criterion Planners/Engineers Inc. served as the City's consultant in the preparation of the C02 Reduction Plan and is very familiar with the Plan and its implementation measures. 2. Criterion Planners/Engineers Inc. has unique expertise in computer modeling, and has developed a model (called INDEX) which evaluates the effectiveness of incorporating various land use, site planning and construction level energy conservation measures in development projects. The INIDEX model is in use in over seventy-five organizations in twenty-five states; and Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are, and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; 2ptyl3.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 2 NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. 2ptyl3.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 3 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 categor- ies, 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 t~ demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required 2ptyl3.w-p Standard Form Two Party Agreement (Thirteenth Revision May 25, 1999 Page 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. 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 Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City 2ptyl3.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 5 A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consult- ant 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 sufYicient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages 2ptyl3.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 6 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 per- formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. 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. 2ptyl3.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 7 Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this 2ptyl3.w~p Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 8 Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, 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 of the 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 expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions 2ptyl3.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 9 In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material Ail reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, 2ptyl3.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 10 studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 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 2ptyl3.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 11 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, Consult- ant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. 2ptyl3.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 12 F. Governing Law/Venue 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. 2ptyl3.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 13 Mst 22 O1 11:48a Criterion Inc. (503)224-8?02 p. 1 Signature Page to Agreement between City of Chula Vista and Criterion Planners/Engineers Inc. for Consulting Services IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: 2001 City of Chula Vista by: Shirley Horton, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: 'e~,hh- M. raheny, C~y At¢orney Dated: Criterion Planners/Engineers By: J Eli t~/A. llen, AICP Principal By: [name of person, title] Exhibit List to Agreement (×) Exhibit A. ( ×) Exhibit B - Consultant's submitted work program, budget and schedule. 2ptyl3.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page ]4 Exhibit A to Agreement between City of Chula Vista and Criterion Planners/Engineers Inc. 1. Effective Date of Agreement: 2001 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California ( ) Industrial Development Authority of the City of Chula Vista, a ( ) Other: , a [insert business form] ("City") 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Criterion Planners/Engineers Inc. 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 725 NW Flanders St., Suite 303 Portland, OR 97209-3539 Voice Phone (503) 224-8606 Fax Phone (503) 224-8702 2ptyl3.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 15 7. General Duties: The Consultant shall prepare an evaluation of preliminary construction level features and site design measures included in the CO2 Reduction Plan, and other sources as provided by the City, and report on the relative effectiveness, costs and issues (including policy and regulatory issues) associated with implementation. The Consultant will develop a final list of construction level and site design features based on the City's review. The Consultant shall conduct research, perform analyses, prepare reports and develop a computer model to analyze CO2 emissions, criteria air pollutants and energy conservation measures in proposed development projects. The computer model will define a "baseline traditional subdivision project" to be compared to a master planned project that incorporates land use design, energy conservation, C02 Reduction Plan, and State and Federal mandates into the project. The Consultant shall prepare an analysis of three SPA Plan projects as proposed in comparison to the baseline project, using the Consultant's INDEX modeling software, and prepare a summary report of the outcomes. A second comparative assessment of amending the project site design and adding construction level features identified by the evaluation and selected by the City will be prepared by the Consultant using the INDEX model, along with a summary report of the outcomes. The Consultant shall prepare a final draft Air Quality Improvement Plan (AQIP) for each of the three proposed SPA Plan projects based upon a content outline to be provided by the City. 8. Scope of Work and Schedule: A. Detailed Scope of Work: The following tasks are the scope of services required to evaluate the relative effectiveness and cost/benefit of transportation and energy efficient land use/site planning and building construction measures for new development, to prepare a customized INDEX computer model to analyze three pending development projects, and to present the conclusions 2ptyl3.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 16 in draft Air Quality Improvement Plan reports for each of the three projects. Task A: Meetings and conversations with City staff to discuss the INDEX model as necessary. Kickoff meeting with City staff. Task B: Gather and review all available data to be considered in the development of a list of site planning level and construction level measures and indicators. Data includes information taken from the C02 Reduction Plan, energy features and calculation methods and other sources determined by City staff for consideration in the pilot study, including regulatory and policy issues. Task C: Prepare cost effectiveness and feasibility analyses of the various indicators. Task D: Prepare preliminary report on draft indicators including site planning level and construction level measures identified and evaluated in Tasks B and C for review and comment by City staff. Task E Revise accordingly and circulate report on draft indicators for review and comment by City. Meet with City staff to discuss and review draft indicators report on Task D revised results. Task F Discussions with City staff as necessary. Finalize indicators and obtain acceptance from City. Task G Modify INDEX computer model to incorporate the final indicators and also modify INDEX to calibrate its "3D" elasticities to Chula Vista using the SANDAG transportation demand model. Task H: Prepare and define baseline levels for indicators. Task I: Circulate baseline profile for review and comment; conduct review meeting with City staff on Task H results. Task J: Finalize baseline indicator profile. Task K: Obtain GIS versions of three SPA plan proposals to be provided from the affected developers. 2ptyl3.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 17 Task L: Using INDEX, model the three SPA plan proposals, compare to baseline and submit report on each SPA plan to the City. Task M: Conduct presentation/briefing on Task L results with City. Select additional site design and energy conservation features to be further evaluated by INDEX for each of the three SPA plans based on City input. Final selection of site design and energy conservation features will be determined by the City based upon Consultant recommendation. Task N: Model three modified SPA plans, compare to baseline and original plans. Prepare and submit report including an evaluation of the effectiveness and feasibility of incorporating various site planning and construction level energy conservation measures. Recommend which, if any, additional measures should be included in each of the three SPA plans. Task O: Prepare final draft AQIP's for each of the three SPA plans. Task P: Conduct summary presentation/briefing with City staff on Task O results. Task Q: Attend one meeting of the City Planning Commission and one meeting of the City Council if determined necessary by the City. If the meetings are determined necessary, Consultant will bill the City for time and materials. B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No. 1: Ten (10) copies of the preliminary report on draft indicators including site planning level and construction level measures, and related information identified in Task B, C and D. 2ptyl3.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 18 Due date: One week after the City's authorization to proceed. Deliverable No. 2: Ten (10) copies of the revised report on draft indicators identified in Task E and presented at on-site meeting with City staff. Due date: two weeks after the date of Deliverable No.1. Deliverable No. 3: Ten (10)copies of the report of final indicators identified in Task F. Due date: two weeks after Deliverable No.2. Deliverable No. 4: Ten (10) copies of the preliminary baseline indicator profile identified in Tasks H and I and presented at an on-site meeting with City staff. Due date: One week after Deliverable No.3. Deliverable No. 5: Ten (10) copies of the final baseline indicator profile identified in Task J. Due date: Two weeks after Deliverable No.4. Deliverable No. 6: Ten (10) bound copies of the preliminary SPA plan reports identified in Task L and presented at an on-site meeting with City staff. Due date: Three weeks after Deliverable No.5. Deliverable No. 7: Ten (10) bound copies of the modified SPA plan reports identified in Task N, including recommendations on additional measures if necessary. 2ptyl3.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 19 Due date: Three weeks after' Deliverable No.6. Deliverable No. 8: Ten (10) copies of the preliminary draft AQIP's for each of the three SPA plans. Due date: Same as Deliverable No.7. Deliverable No. 9: Ten (10) bound copies of the final draft AQIP's for each of the three SPA plans identified in Task O and presented at an on-site meeting with City staff. Due date: One week after Deliverable No.8. D. Date for completion of all Consultant services: Thirteen weeks from the effective date of agreement or as extended by the Director of Planning and Building in the Director's sole discretion. 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. ( ) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). ( ) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: Growth Management Ordinance, sample existing Air Quality Improvement Plan, draft SPA plans for each of the three projects (EastLake III, Otay Ranch Village 6 and Village 11), draft lotting and grading studies for each of the three projects, Chula Vista Landscape Manual, CO2 Reduction Plan, City's GIS data dictionary, GIS versions of existing subdivision for baseline profile, SA_NDAG transportation demand model for Chula Vista, list of additional site planning and construction level measures to be included in the study. 11. Compensation: A. (X) Single Fixed Fee Arrangement. 2ptyl3.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 20 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: $57,790 , payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee (X) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. ( ) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City 2ptyl3.wp Standard Form Two Party Agreement 'Thirteenth Revision) May 25, 1999 Page 21 shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth . Consultant shall not'commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. $ 2. $ 3. $ ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. c. ( ) Hourly Rate Arrangement 2ptyl3.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 22 For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule herein below according to the following terms and conditions: (1) ( ) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation"). (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any addi- tional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Rate Schedule Cat~gory of Employee Hourly of Consultant Name Rate _Principal _$110/hr_ Sr. Associate _$100/hr_ Associate __$95/hr_ _Project Tech __$75/hr_ _Secretary __$45/hr_ ) Hourly rates may increase by 6% for services rendered after December, 2001 , if delay in providing services is caused by City. 12. Materials Reimbursement Arrangement 2ptyl3.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 23 For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (X) None, the compensation includes all costs. Cost or Rate Reports, not to exceed $ : Copies, not to exceed $ : Travel, not to exceed $ : Printing, not to exceed $ : Postage, not to exceed $ : Delivery, not to exceed $ : Long Distance Telephone Charges, not to exceed $ Other Actual Identifiable Direct Costs: , not to exceed $ : , not to exceed $ : 13. Contract Administrator: City: Edgar Batchelder Principal Planner City of Chula Vista Planning & Building Department 276 Fourth Avenue Chula Vista, CA 91910 Consultant: Criterion Planners/Engineers 725 NW Flanders St., Suite 303 Portland, OR 97209-3539 Voice Phone (503) 224-8606 Fax Phone (503) 224-8702 14. Liquidated Damages Rate: N/A ( ) $ per day. ( ) Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: ( ) Not Applicable. Not an FPPC Filer. (X) FPPC Filer ( ) Category No. 1. Investments and sources of income. 2ptyl3.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 24 ) Category No. 2. Interests in real property. X) Category No. 3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. X) Category No. 4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ) Category No. 5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ) Category No. 6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ) Category No. 7. Business positions. (X) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: None 16. ( ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: Fehr Peers Associates 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: 2ptyl3.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 25 (X) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: (X) First of the Month ) 15th Day of each Month ) End of the Month ) Other: C. City's Account Number: 28530-6301 19. Security for Performance Performance Bond, $ Letter of Credit, $ Other Security: Type: Amount: $ (X Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: (X) Retention Percentage: 15 % ( ) Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services (X) Other: AcceDtance of final reports by City. 2ptyl3.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 26 Exhibit B ION CRITERIO PLANNER ENGINEERS March 5, 2001 Mary Venables Planning Department 276 4~h Avenue Chula Vista, CA 91910 Dear Mary: This is to submit the attached proposal for customization and pilot application of the INDEX software for three air quality improvement plans. As indicated in the attached budget, the total cost for this work will not exceed $57,790. We appreciate this opportunity to offer our services, and look forward to working with you. S!ncerely Eliot Allen, AICP Principal r:A:kc Enc. 725NWFlandersStreet, Suite303 · Portland, OR97209-3539 · Tel503.224.8606 · Fax503.224.8702 · www.crit.com CHULA VISTA INDEX WORK PROGRAM 1. Kick-off meeting. 2. Prepare draft indicators (energy features and calculation methods). 3. Circulate indicators for review and comment; conduct review meeting with staff and developers. 4. Finalize indicators. 5. Modify INDEX to incorporate Task 4 indicators. Also, modify INDEX to calibrate its "3D" elasticities to Chula Vista using the SANDAG transpodation demand model. 6. Define baseline levels for indicators. 7. Circulate baseline profile for review and comment; conduct review meeting with staff and developers. 8. Finalize baseline profile. 9. Obtain GIS versions of three original SPA plans. 10. Model three original SPA plans, compare to baseline, and submit report. 11. Conduct presentation/briefing on Task 10 results, and select additional energy features for SPA plans with staff and developers. 12. Model three modified SPA plans, compare to baseline and original plans, and submit report. 13. Conduct summary presentation/briefing with staff and developers. 709/005 1 3/5/01 CITY COUNCIL AGENDA STATEMENT ITEM NO.: MEETING DATE: 03/27/01 ITEM TITLE: RESOLUTION APPROVING THE CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION'S 2001 BUDGET AND DEFERRING THE DBA'S REQUEST FOR STAFF SERVICES, TOWN MANAGER AND PROMOTION ASSISTANCE FOR CONSIDERATION WITH THE FY 2001-2002 BUDGET SESSION SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR ~_~ , REVIEWED BY: CITY MANAGER ~ ~ ~ 4/STHS VOTE: YES ~ NO ~ BACKGROUND In accordance with the Chula Vista Municipal Code, the Chula Vista Downtown Business Association ("DBA") is required to submit an annual budget in March for City Council's approval. The DBA's budget is funded by a special assessment applied to each business located within the District's boundary and any income the District earns from promotional activities and other contributing sources. This year's budget will continue to support enhanced marketing and special events, including the Cinco de Mayo and Lemon Festivals, the Starlight Yule Parade, the Thursday afternoon Farmer's Market, the Wednesday Classic Cars events, and the Taste of Downtown. The City, working with the DBA, are also assessing the feasibility of transitioning the DBA from a business-based improvement district to a property-based improvement district ("PBID") this year. The PBID process is being coordinated by a consultant firm, with the formal petition drive set to begin in April. If successful and confirmed by a Proposition 218 vote in June, City assistance to the new PBID could take the form of a direct assessment of City and Redevelopment Agency properties held within the PBID boundaries. This proposed assessment is estimated to be approximately $42,000 annually and would replace the current direct subsidy of the DBA. RECOMMENDATION Adopt a resolution: 1} Approving the Chula Vista Downtown Business Association's 2001 budget; and 21 Deferring the DBA's request for staff services, Town Manager and advertising and promotional assistance for consideration in the FY 2001-2002 budget session PAGE 2, ITEM NO.: MEETING DATE: 03/27/01 BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION The Downtown Business Association was established in 1971 to promote business activities in Downtown Chula Vista and to aid in efforts to revitalize the area. The City Council resolution establishing the Downtown Business Improvement District requires that the Association submit their budget to the City Council in March of each year for approval. A copy of the 2001 budget and transmittal letter are attached as Exhibit A. The Chub Vista Downtown Business Association (DBA), a non-profit organization, was formed to administer the District's business. Generally, the DBA receives about $20,000 per year in revenue from the District's special assessment which is used to conduct its activities. Income from promotional activities has been limited but is increasing each year. In the past, the Redevelopment Agency and the City have contributed financial assistance to the DBA for advertising and promotional activities, as well as to maintain a full-time Town Manager position. The DBA's budget is based on the calendar year as are other non-profit organizations. The DBA Board approves their budget in January and submits it to the City Council for approval in March in accordance with the Municipal Code. Calendar year versus fiscal year makes it difficult to coordinate funding requests from the City and Redevelopment Agency. Because of IRS rules, the DBA cannot easily switch to the City's fiscal year. As a result, the DBA accommodates the City's fiscal year by submitting their funding requests for activities planned between July 1 and June 30 of the forthcoming year and will reflect those requests in their annual budget. 2001 Budget Request for Funding Assistance The DBA is requesting funding assistance for their 2001-2002 promotional events and advertising program which includes: 1. The Lemon Festival on August 19, 2001 2. Starlight Yule Parade and Holiday Lights on December 1, 2001 3. Jingle Trail Run/Walk on December 8, 2001 4. The Cinco de Mayo Celebration in May 2001 5. "Taste of Downtown" on Third Avenue in June 2001 6. Weekly Farmer Markets on Thursdays throughout the season 7. Classic Cars on Wednesdays from April to October The DBA has requested $15,000 for assistance in advertising and promoting the business district and $15,000 to aid in the operation and promotion of the activities. In addition, the DBA has requested the assistance of City staff (Public Works, Police and Parks} to support the 2001 Lemon PAGE 3, ITEM NO.: MEETING DATE: 03/27/01 Festival, the 2001 Yule Parade, and the 2002 Cinco de Mayo celebration. Traditionally, the City and Redevelopment Agency have assisted with the promotion of the Downtown area. In August of 1991, the Redevelopment Agency entered into a contract with the DBA to hire a Town Manager for the Downtown area. The Agency funded the position for three years at $50,000 per year beginning December 1991. Funds were exhausted in FY 1994/95. The DBA then funded the position on a part-time basis until 1998 when the Agency agreed to subsidize the position and make it full-time. The past three year's experience with a fulldime Town Manager have been very successful. The manager was able to reinforce the Association's committee concept and to recruit more volunteers to participate in the Association's business. There has been a focus on new promotional activities, including lunch time concerts in the park, the Taste of Downtown on Third Avenue, the very successful Blast from the Past car shows, and the Cinco de Mayo Celebration. This latter event has now become the most popular street festival in Downtown, with attendance of over 50,000 in its second year. Increased exposure and word of mouth have resulted from these events - and as a result, new restaurants and retailers have begun to locate Downtown. The goals for the DBA in the coming year reflect a continuation of these successful promotions. The DBA also requests that the City continue with the current level of assistance with the Town Manager position by providing a $20,000 subsidy to enable the position to continue to function full-time during 2001-2002. Staff recommends that the DBA's request for staff services, as well as the Town Manager position and promotions assistance be submitted for consideration during the 2001-2002 budget session. The DBA's funding request reflects approximately 30% of the DBA's proposed $220,909 budget for 2001. Revenues from the DBA's fees and programs will fund 70% of the proposed budget. A 1997 survey conducted by California Main Street (a program of the California Trade and Commerce Agency) showed that of the 31 Main Street Cities surveyed, an average of 37% of budget revenues were derived from City contributions. Business District fees accounted for about 25% of revenues and District Programs contributed 24%. Donations, membership fees and grants made up the balance. Properly-Based Business Improvement District Staff, in cooperation with the DBA, is also assessing the feasibility of adopting a property-based business improvement district ('PBID") this year. PBIDs have been successfully adopted in many California business districts during the past several years. The City of San Diego has adopted over a dozen PBIDs, including successful districts in.Little Italy, Downtown San Diego, Hillcrest- Uptown and Adams Avenue. Property-based districts provide a more reliable revenue stream for business district management - which may then be utilized for better maintenance and promotional adivities for the districts. In turn, the increased revenue permits more professional management of the business districts, allowing them to compete on a more equal footing with the shopping malls and "big box" retailers. PAGE 4, ITEM NO.: MEETING DATE: 03/27/01 Because the PBID requires a successful Proposition 218 election, staff will not be certain if the PBID has been successfully adopted until June and assessments will not begin to be generated until January 2002. If the PBID is successfully implemented, the City will retain a pro-rata share of this years direct DBA subsidy to be used for the City's share of the PBID assessment. In addition, the existing Lighting and Landscape Maintenance District may be incorporated into the new PBID structure to provide a single entity responsible for Downtown maintenance, management and promotion. This will require cooperative planning between the various City Departments, working in concert with the DBA and the Town Centre Project Area Committee. Redevelopment Agency staff will act in a proactive role to coordinate the various parties involved. Staff will continue to update the Council as the process proceeds. FISCAL IMPACT The DBA has requested $30,000 for advertising and promotions, as well as $20,000 to subsidize the Town Manager position. Last year, the Redevelopment Agency fully funded the financial assistance requested by the DBA which included $20,000 to subsidize the full-time Town Manager position, and $30,000 for advertising and promotions. The mentoring services program has now been discontinued. This year's request reflects no net increase over last year's level of subsidy. Staff recommends that the DBA's current request be considered for funding during the regular 2001-2002 budget process. Available balances in the Town Centre I Project Area Fund will be ' more clear as the budget process is undertaken. A table of City/Agency funding assistance to the DBA for the past several years has been included for your information. The DBA's Work Plan and Budget are also included for comparison purposes. CURRENT REQUEST AND PAST FUNDING ASSISTANCE DBA REQUEST 2000/01 1999/00 1998199 2001/02 PromotionalActivities FY2001/02 $15,000 $15,000 $10,000 $10,000 · Taste of Summer Nights · Lemon Festival, Starlight Yule Parade · Cincode Mayo Advertising $15,000 $15,000 $10,000 $10,000 · Thursday Farmer's Market · Starlight Yule Parade · Lemon Festival, Cincode Mayo General Advertising TOTAL PROMOTIONS AND ADVERTISING ASSISTANCE $30,000 $30,000 $20,000 $20,000 Town Manager Subsidy $20,000 $20,000 $20,000 $20,000 Mentor Resources $0 $0 $5,000 TOTAL TOWN MANAGER AND MENTOR ASSISTANCE $20,000 $20,000 $20,000 $25,000 Police services for crowd and traffic control for Cinco de Mayo, Lemon Festival, and Starlight Yule Parade $9,300 $9,300 $6,200 Public Works barricades, traffic control equipment, deliver and removal for Cinco de Mayo, Lemon Festival and Starlight Yule Parade ($1,400 per event) 4,200 4,200 2,800 Parks and Recreation personnel trash clean up; portable stage; PA system; folding chairs and tables; delivery, set-up, removal for Cinco de Mayo, Lemon Festival and Starlight Yule Parade ($510 per event) 1,530 1,530 1,020 TOTAL CITY STAFF SERVICES $ 5050 $15,030 $15,030 $10,020 Promotions and Advertising $30,000 Town Manager 20,000 City Staff Services $~15~030 GRAND TOTAL J:\COMMDEV~STAFF.REP~03-27-01 \DBA2001 BUDGET.doc 2001 Budget Downtown Business Association OTHER [~B]~[~[~ DBA SOURCES Total Assesrnents 20000,00 20000.00 Classic Car 5000.00 (city) 4000~00 9000.00 Farmers Market 17000.00 17000.00 Holiday Lights (city 1000.00 1000.00 Lemon Festival 45000,00 45000.00 Tow~ Manager (city) 20000.00 20000,00 Promotion (city) 8500.00 8500.00 Advertising (city) 13500.00 13500.00 Cinco fest 42000.00 42000,00 Yule Parade 5000.00 (city)1500.00 6500.00 Associate Dues 600.00 600.00 Quarterly Training (city) 1500.00 1500.00 Grants (county) 2500.00 2500,00 Carry Over 33809.00 33809.00 TOTAL REVENUE 168409.00 52500.00 220909.00 DBA EXPENSES Insurance 5000.00 5000.00 Utilities 4500.00 4500.00 Accounting 4000.00 4000.00 Advertising 3000,00 3000.00 Bank Charge 500.00 500.00 Banner s 4000.00 4000.00 Board Planning 2500~00 2500,00 Cinco lest 31000,00 31000.00 Classic Cars 8000,00 8000.00 Design Committee 1200.00 1200.00 Economic Committee 750.00 750.00 Election 500.00 500.00 Farmers Market 10000.00 10000.00 Holiday Lights/Snow 5000.00 5000.00 Lemon Festival 35000.00 35000.00 Newsletter 1500.00 1500.00 Office Expense 4000.00 4000.00 Organzational Committee 750.00 750.00 Staff (part time) 5000.00 5000.00 Repeirs 2000.00 2000.00 Storage 1200.00 1200.00 Subscriptions 500.00 500.00 T/M Conferences 3000,00 3000.00 T/M Payroll 50000.00 50000,00 Employee Taxes 5000.00 5000,00 Employee Banitits 4800.00 4800.00 Promotional Committee 1200.00 1200.00 Starlight Yule Parade 3500,00 3500.00 Taste Promo 500.00 500.00 Jingle Bell Run 1500,00 1500.00 Halk)ween 1000.00 1000.00 PBID 2000.00 2000.00 Miss. Events 18509.00 18509.00 TOTAL EXPENSES 220909.00 220909.00 COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION'S 2001 BUDGET AND DEFERRING THE DBA'S REQUEST FOR STAFF SERVICES, TOWN MANAGER AND PROMOTION ASSISTANCE FOR CONSIDERATION WITH THE FY 2001-2002 BUDGET SESSION WHEREAS, the Chula Vista Municipal Code requires the City Council to review the Chula Vista Downtown Business Association's annual budget and to authorize the disbursement of funds received through the Business Improvement District assessment; and WHEREAS, the Chula Vista Downtown Business Association has submitted a budget for 2001 activities and a request for assistance with funding the 2001-2002 promotional activities and advertising and subsidy for the Town Manager position; and WHEREAS, the City Council has reviewed the Chula Vista Downtown Business Association's 2001 budget and request for funding; and WHEREAS, the City Council desires that the Chula Vista Downtown Business Association conduct quality promotional activities and advertising to promote the Downtown area in accordance with the Town Centre I Five-Year Implementation Plan and shall assist in the elimination of blight as stated in said plan; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the Chula Vista Downtown Business Association's 2001 budget and defers the Downtown Business Association's Request for Staff Services, Town Manager and Promotion assistance for consideration with the FY 2001-2002 budget session. Presented by Approved as to form by Director of Community Development ~neY ~ ~ J:\COMMDEV~RESOS\dba2001 reso.doc COUNCIL AGENDA STATEMENT Item: ~ Meeting Date: 03/27/01 ITEM TITLE: Public Hearing: Conditional Use Permit (PCC 00-27, PCC 00-47, and PCC 00-53), proposal to allow for two (77-fi. and 72-ft.) "Mono-pine" antenna structures with equipment enclosures at 88 L Street. Applicant - Sprint, Cingular, and Verizon. Resolution: of the Chula Vista City Council granting a Conditional Use Permit, PCC 00-27-47-53, for Sprint, Cingular, and Verizon Communications to construct an unmanned cellular communications facility located at 88 L Street. SUBMITTED BY: Director of Planning and Building ,/~/~__~ REVIEWED BY: City Manager (~,~1)'~~'/~ (4/5ths Vote: Yes No X) Sprint, Cingular (formerly PacBell) and Verizon (formerly AirTouch) request permission to install, operate, and maintain an unmanned cellular communication facility at the San Diego Country Club service yard. The permit will allow for two antenna arrays on each of two mono-pines (faux pine trees), so that a future fourth carrier can be installed per specifications of the conditions. A 30-fi. by 53-ft. equipment compound area would be installed between the two mono-pines. A conceptual landscape plan includes trees, shrubs, and planting matehal to surround the equipment area and to screen views of the entire golf course service yard along north side of Naples Street. The Environmental Review Coordinator has concluded that this project is a Class 3(c) categorical exemption from environmental review (CEQA Section 15303 (c) --- new construction of small structures). RECOMMENDATION: That the City Council approve the attached resolution approving PCC- 00-27, 47, and 53. BOARDS/COMMISSIONS RECOMMENDATION: On February 14, 2001 the Planning Commission voted (6-0-0-1) to adopt Resolution PCC-00-27, 47 and 53 recommending that the City Council approve the proposed cellular facility. The Planning Commission added conditions to ensure the proposed landscaping and irrigation would be installed simultaneously with the mono-pines (condition No. 2), and the artificial pine tree branches on the two mono-pines would extend beyond the antenna panel arms on all sides to screen or camouflage the antenna arrays (condition No. 3). DISCUSSION: Site Characteristics The site currently consists of a vacant area located within the service yard area of the San Diego Country Club golf course. The area has a gentle slope or berm from Naples Street up to where the Page 2, Item: Meeting Date: 03/27/01 equipment compound will be located. The project site is level with no elevation changes proposed. The entry to the site is a service driveway with a screening fence located in front of the project site. A vacant shopping center property is adjacent to the east. The golf course is to the west and north. Residential dwellings are to the south. General Plan, Zoning and Land Use GENERAL PLAN ZONING CURRENT LAND USE Site: Low Medium R1 Golf Course Service Yard North: Low Medium R3P 14 Golf Course Service Yard South: Low Medium R15P Single Family Residential East: Retail Commercial CN Commercial Shopping Center West: Low Medium RI Golf Course Proposal Sprint, Cingular and Verizon propose to construct an unmanned cellular communication facility in the southeasterly corner of the subject property. The facility would consist ora 72-ft. and 77-ft. high mono-pine and a 1600-sq. ft. enclosure compound that could include radio equipment for four different operators in four individual buildings. Each mono-pine will consist ora set of two antenna arrays, and each array consists of three antenna arms with three or four antennas on each, for a total of up to 12 panel antennas. The aesthetic treatment includes a faux pine tree design, complete with shaped pine arms and a pinnacle peak and faux wood "trunk." Four (4) 24-inch box new real pine trees will surround the mono-pines, and new shrubbery will screen the equipment buildings as well as the views of the compound along the existing fencing located on Naples Street. Wireless communication facilities, when not integrated into an existing building or facility, are considered to be an "unclassified use" (Section 19.54.020N of the Chula Vista Municipal Code). Such uses shall be considered by the City Council upon recommendation by the Planning Commission. The height limitation in the R-1 zone is 28-ft. or two and one-half stories; however, the height limitation may be adjusted through the conditional use permit process. Analysis All telecommunication providers are encouraged to attach their facilities to existing structures. However, because of the low-rise nature of development in Chula Vista, there are alimited number of locations in our City that reach the heights necessary to cover a provider service area. Therefore, the need for new facilities to meet the customer demand for telecommunication facilities continues to arise. As a result, there are a number ofmonopole facilities currently in Chula Vista. In conformance with City policy, the applicants were requested to investigate options for co-location with other telecommunication facilities. The applicants have investigated nearby competitor sites approximately 1-mile south of the proposed site. The radio frequency engineers for these applicants disapproved the candidate sites because either 1) they could not meet their service area objectives, or 2) they would duplicate some of the coverage currently being provided their own existing facilities that was nearby. Page 3, Item: Meeting Date: 03/27/01 Since this application is actually a co-location proposal, staffhelieves this is a positive effort from the three applicants to work together on behalf of the City's co-location goals. Also through this permit application there is the potential to locate a fourth telecommunication operator in this one location. The proposed facility is located in an R- 1 zone. Although such facilities are typically not encouraged near residential uses (the facility is within 150-ft. of residential homes), it is also located in an underdeveloped "leftover" portion of the property owned by the San Diego Country Club golf course, which has only been used as a service yard area. It is also near a derelict vacant portion of an adjacent shopping center. On October 1 t, 2000 a preliminary presentation was made to the Planning Commission, proposing a~ (1) triple-level monopole with three antenna arrays, (2) an elongated faux water tank enclosing the three antenna arrays, (3) three individual mono-palms, or (4) two mono-pines. The mono-pines received the greatest support, under the condition that superior landscaping be included to screen the service yard area. The conceptual landscape plan provided shows an abundance of planting, including 24-in. box pine trees to offset the mono-pines. The shrubs and groundcover specified should enhance the site to a level previously unseen at this location. Previously, the only other mono-pine approved in December 2000 was for a salvage yard on Energy Way. The only other camouflaging technique used has been the mono-palm The first mono-palm approved in July 2000 was for the Hilkop Baptist Church. Another mono-palm was approved in September 2000 for the Otay Recreation Center. As seen in the exhibit photos, the area of this proposal is very green with golf course fairways, shrubbery, and eucalyptus trees to the north and west with residential and commercial uses to the south and east. In addition, it appears that the design of these mono-pines will better mesh with the eucalyptus trees than would a mono-palm or an elongated water tank for the three carriers. If approved, conditions of approval will include a requirement that the applicant inspect, repair and otherwise maintain the mono-pines. In addition, the landscaping and irrigation for the real pine trees and the additional shrubbery and groundcover will require periodic maintenance to ensure that the entire facility will be well kept. As a condition of approval, the applicants or the landlord (San Diego Country Club) shall be required to provide a maintenance agreement. CONCLUSION: Based on the location and its context, as well as the surrounding land uses, the mono-pines would have less visual impact than a water-tank, mono-palms, or a monopole. Therefore, staff is recommending approval of the mono-pine design as presented along with the entire landscape treatment. FISCAL IMPACT: The three applicants have paid all processing fees. ATTACHMENTS: 1. Planning Commission Resolution and Minutes of Planning Commission 2. Locator Map 3. Application description with 3 Disclosure Statements 4. Photo-simulations of Mono-pines 5. Landscape Plan H:~IOME~PLANNING~[ IAROLD\CC-00-27-47-53.doc RESOLUTION NO. P00-00-27-47-53 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL GRANT A CONDITIONAL USE PERMIT, PCC-00-27 (SPRINT), PCC-00-47 (CI~NGULAR), AND PCC-00-53 (VERIZON) TO CONSTRUCT AN UNMANNED CELLULAR COMMUNICATIONS FACILITY AT 88 L STREET (SAN DIEGO COUNTRY CLUB). WHEREAS, duly verified applications for a conditional use permit were filed by Sprint, Cingular, and Verizon with the City of Chula Vista Planning Department in January, April and May 2000; and WHEREAS, said applicants request permission to construct an unmanned cellular communications facility, including two mono-pines and equipment buildings, at 88 L Street (San Diego Country Club); and WHEREAS, the Environmental Review Coordinator has concluded that the project is a Class 3 {c} 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 conditional use permit and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners and residents within 300-f~. of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely February 14, 2001 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to subject application. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby recommend that the City Council approve Conditional Use Permit PCC 00-27-47-53 in accordance with the findings and subject to the conditions and findings contained in the attached City Council Resolution. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALWOKNIA, this 14th day of February, 2001, by the following vote, to-wit: AYES: THOMAS, HALL, WlLLETT, CORTES, CASTENEDA, MCCANN NOES: ABSTAIN: ABSENT: O'NIELL Robert Thomas, Chair ATTEST: Diana Vargas, Secretary 7 Planning Commission Minutes - ? - February 14, 2001 3. PUBLIC HEARING: PCC-00-27, PCC-00-47, and PCC-00-53; Conditional Use Permit proposal to allow for two (77 ft. and 72 ft.) "Mono-pine" antenna structures with equipment enclosures at 88 L Street. Background: Beverly Blessent, Principal Planner reported that three carriers (Sprint, Cingular and Verizon) are requesting permission to install, operate and maintain an unmanned cellular communication facility at the San Diego Country Club service yard (located on the north side of Naples) to allow two antenna arrays on each of two mono-pines, which would allow a fourth carrier to be installed at some point in the future. The facility would consist of a 72 ft. high and a 77 ft. high mono-pine, each consisting of a set of 2 antenna arrays, and each array would consist of 3 antenna arms with 3 or 4 antennas on each of those, for a total of 12 panel antennas in the future. This application consists of 9 antennas because the fourth carrier has not yet been identified. Additionally, a 30 ft. by 53 ft. equipment compound area would also be installed surrounded by trees, shrubs and planting material. The entrance to the site is a service driveway, opposite Dickson Drive which is surrounded by a chain-linked fence with slats. A vacant shopping center is adjacent to the east and the golf course is located to the west and north, and residential dwellings to the south. Since this application is a co-location proposal, staff believes it's a positive effort from the three applicants to work together on behalf of the City's co-location goals Staff recommendation: That the Planning Commission adopt Resolution PCC-00-27-47-53 recommending that the City Council approve the Conditional Use Permit and the conditions and findings contained therein for two monopine antenna structures with equipment enclosures at 88 L Street. Commission Discussion: Commissioner Cortes asked what process the fourth applicant would need to go through. Ms. Blessent responded that a fourth carrier could be administrative approved and would not need to come back to the Planning Commission nor to City Council, however, the proposal would still need to be noticed in the mail. Commissioner McCann inquired if the landscaping would be automatically irrigated and if there is a condition in place that would require its upkeep. Elizabeth Hull, Deputy City Attorney, responded that Condition #4 requires the applicant to maintain the landscape element. Planning Commission Minutes - 8 - February 14, 2001 Public Hearing Opened 7:20. Mark Pusco, 7747 Opportunity Road, Verizon Wireless addressed the Commission, presented additional photo simulations and briefly described the planting materials. He clarified that although the report indicates that the tree height would be starting at 35 to 40 feet; these will be 15 gallon trees and most likely will not be that tall. Robert Medina~ 302 State Place, Escondido, Cingular Wireless stated he spoke with Planner Phelps who relayed the Commission's concerns in terms of the stealth quality of the finished product and also discussed the desired height of the trees. Additional, Mr. Medina asked for clarification on Condition #7 under the Terms of Grant of Permit contained in the resolution, which reads, "...applicant agrees and acknowledges that five years is sufficient time to amortize expenses incurred by the applicant." Ms. Hull clarified that the statement is designed to insure that the applicant is aware that they are expending a certain amount of money, that this is a CUP that is only good for five years and is subject to review at the end of that term, and would not be entitled to any reimbursement or damages against the City if they were not to be granted an extension after the five year period. The five year period simply allows the City the flexibility to review at the end of the term. Ms. Sandoval further clarified that although the applicant is seeking more positive wording that would somewhat guarantee the applicant that the CUP would be renewed at the end of five years, if all of the conditions are met, the property has been maintained, technology hasn't changed, and they've been "good neighbors", then the CUP extension would most likely be granted. Mr. Sandoval further stated that in order to provide the applicant with a greater comfort level, staff would be willing to include in their report to Council wording that explains this condition and expounds on the above-mentioned criteria. Mike Sloop, 9665 Chesapeake Road~ San Diego, Sprint reviewed the other sites that were considered like the top of the clubhouse, the Presbyterian Church, and the mental health facility further down the street on Third Avenue. Based on topographic constraints and/or lack of interest on the part of the property owners, this location within the San Diego Country Club grounds offered optimal coverage and met their needs. Public Hearing Closed 8:00. The Commission consensus and direction to the applicant and staff is to ensure that this project utilizes state-of-the-art products and design of the mono-pine ensuring that the antenna arrays are stealth and do not protrude beyond the faux pine limbs. Additionally, staff is to ensure that future applicants proposing cellular facilities that will utilize faux pine trees or palm trees are to submit simulated photos taken from various angles and distances that are to scale to what the actual end- product will look like. Planning Commission Minutes ~ 9 - February 14, 2001 MSC (Thomas/Castaneda) (6-0-0-1) that: · the Planning Commission adopt Resolution PCC-00-24-47-53 recommending that the City Council approve the Conditional Use Permit and the conditions and findings contained therein for two (77-ft. and 72-ft.) "mono-pine" antenna structures with equipment enclosures at 88 L Street, · further directs the applicant to implement and install the landscaping plan at the inception of the project, ensuring that the boxed trees are as mature and tall as possible, and · that staff incorporate into their report to Council wording which elaborates the criteria that is generally used to determine whether a CUP is granted an extension at the end of the first five-year term. Motion carried. LOCATOR MAP Public Hearing: Conditional Use Permit (PCC 00-27, PCC 00-47, and PCC 00-53), proposal to allow for two (77-ft. and 72-ft.) "Mono-pine" antenna structures with equipment enclosures at 88 L Street. PROJECT DESCRIPTION for PROPOSED MULTI-CARRIER WIRELESS COMMUNICATION FACILITY at San Diego Country Club INTRODUCTION Sprint PCS, Cingular (£ormer]y Pacific Bell Wireless), a~d Verizon (formerly Air Touch Cellular) are each a provider of Personal Communications Services (PCS) or Cellular Services and each is licensed by the Federal Communications Commission to operate a wireless communications network throughout the United States. Each o[ these companies operates a network in San Diego, Orange, and Los Angeles Counties for its Southern California subscribers. These networks transmit and receive calls by radio waves operating in the 800 MHz or 1850-1990 1VIHz spectrums. Telecommunications technology has existed for many years and, in particular, PCS and Cellular technology is emerging as a necessary emergency service and business tool as well as being convenient for personal al~d family use. The high quality and convenience of these networks has created increasingly strong demand for their services. In order to meet this demand, to improve the quality, and to expand the footprint of these services into areas that are not currently served, the applicants propose to constxuce a multi-cartier fadlity at the southeast corner of the San Diego Country Club property. PROJECT GOALS The goal of the proposed ~ Diego Counlx'y Club multi-carrier facility is to provide continuous PCS and Cellular service (as provided by Sprint, Cingular and Verizon)/or personal, business and emergency purposes to nearby commercial areas along Third Avenue, nearby residential areas west of Third Avenue, along Hilltop Drive and Naples 03/12/01 14:19 FAX 8582443038 SS WFI LUCENT WIRELE ~003 Project Description for Proposed Page 2 Multi-carrier Wireless Communication Facility at San Diego Country Club Drive and nearby residential areas surrounding this site. This location is necessary to complete continuous service to this area where there ate currently gaps in the coverage networks, and/or to augment exlsfi.ng service, which will soon decrease in quality below acceptable standards. The applicants intend to work with the City of Chula Vista and to ensure that this project is consistent with local ordinances and zoning regulations while providing PCS/Cellular coverage critical for emergency, business and personal use. PROJECT DESIGN The proposed telecommunication site is designed to blend with the existing area and with adjacent land uses while still meeting the radio coverage objectives necessary to provide PCS/Cellular service to the area. Originally each of the applicants individually applied for a Conditional Use Permit on this site. At City staff's request, a multi-carrier site was designed andj'ointly.propos~..d which., would accommodate the three carriers, as well as a fourth carrier in the future. In order to obtain the necessary height to provide the desired radio coverage to the community, the proposed site would utilize two faux pine trees (monopines), each of which would hold the antenna arrays for two carriers (for a total of four carriers). The monopine tree arrangement was chosen due to this site's dose proximity to the golf cottrse with its abundance of trees and their ability to be configured to hold a total of four carriers without radio interference. The placement of the antenna arrays on each monopine as well as the placement of the two monopines was selected to avoid radio interference between the carriers. The Sprint antenna array would consist of tkree sectors of three antennas each for a total of nine antennas, Each antenna would measure approximately 6' high by 8" wide, The Cingular antenna array would consist of three sectors o£ two antennas each for a total of six antermas. Each anterma would measure approximately 56" high by 8" wide. The Verizon antenna array would consist of three sectors of four antertnas each for a total of twelve antennas. Each antenna would be approximately 4' high by 1' wide. Space would be reserved for future fourth carrier to have three sectors of three antennas each for a total of nine antennas. Each of the future antennas should not exceed 6' high by 8" wide. 03/12/01 14:19 FAX $58244303~.. SS WFI LUCENT WIRELE ~004 Project Description for Proposed Page 3 Multi-carrier Wireless Communication Facility at San Diego Country Club Telephone, electrical and radio equipment would be placed in four parallel equipment areas at the base of the two monopines. These equipment areas would be surrounded by chain link fencing, which in turn are inside fencing at the perimeter of this lot The Sprint, Cingular and "fourth carrier" would use multiple equipment cabinets approximately b-Va' to 6~' high, by 3' to 42/2' wide, by 21/2' to 3' deep set on concrete pads. The Verizon area would use a prefabricated equipment building approximately 20' long, by 12' wide, by 10' high. Extensive landscaping would be placed outside of the equipment area fence to screen the equipment from view. Included are 24" box "real" pine (and other) trees near the base of the monopines to integrate the rnonopines into the additional proposed landscaping. In addition, extensive landscaping is proposed near the southern lot line along Naples Street and along the southern half of the eastern lot line to help screen the to whole lot from public view. ~.%\I f/~.. Development Processing ~ c~ ox cma.^ V~ST^ Application Form - Type A Plann~g & Builc~.g Dep~ent OlV Ol: 276 Fourth Avenue [~lcje One O..IUIJk V]~Clk (619)691-5101 ~PLIC~ ~O~ON ~ No~ Co~Spd~t PCS ~. P~ ~' (925) ~8-7800 ~~ 4683 Ch3bot Ddve, Suite ~00, ~ie~sa~to~, CA~588 on ~h~/~ WFI (a~n: Michael Sl~p) ~ ~' (858) 2~-2006 (o~) (619) ~3-8164 (Michael Sloop) 9665 Chesapeake D~ve, Suite 320, San Dido, CA 92123 San Diego Count~ Club PCS Telecommunication Site PCS tele~mmunication site wi~ antennas a~ched to a faux palm tree and radio equipment lo.ted on the ground ne~ to the antenna structure (see a~ment for ~11 descdp~on). ~~ A~ 88 L S~eet, Chula Vis~ (Club O~s); Site on East Naples S~eet 3.02 acres (~is parcel) 619-100-12 cu~ ~nd ~ Vaunt / Golf Coume Maintenance Development Processing ~ CITY OF CHULA VISTA Application Form Planning & Building Department tiff O~ 276 Fourth Avenue Page Two CHUIA VISIA (619)691-51 O1 I~ 7 ,PROPOSED PROJECT... (aH types) tYPe of Use ProposeO ~ndscape Coverage (% o~ tm) r-IResicienfic~[ [KICoram. I:llnd. I:lOlher BuldngC:overage(%oftat) RESIDENTIAL PROJECT SIJ1VIMARY Type of Dwelling Unh'fsl Number of Lol~ No. of Dwa411ng Unlls Pro~ 28R 3+8R Denslb, [PUs/acre] Mc~mum 8ullcling I'-~ght Minimum Lof Size Average Lo1, Size ~ ToRll q)ff-~fl~ [Type of I::~lkJng Required Dy' Code: Open SI:race Description [,a. cre~ eoe_~ ot~'~,ui~, corrrnon, cfm' O -m s rxri PROJeCT ~'oss Hoot ~ 1~1 Proposed ~ Building Height Approximate lease area = 400 sq. ft. Top of antennas = 45 ft. Hours of Operation [Days & Hours] 24 hours per day - unmanned - visited once every 1 to 2 months for routine maintenance Anticipated Total # Emplc~GC.~NA Mc~ # of Employees2 crt any one time parking Spaces Required Spaces Provided - Type of porldng (size] NA NA NA # ot' Stuclents/CI311clren [~ ap~acat~e! Age or sluaents/cni~oren Iff cc¢~:a~e} ~Secrlmg Mapacm/ NA NA NA Michael Sloop for WFI /) J2/2~/99 Print Applicant or Agent Name Applicant ~r.~gent ~/;~naluj~ Date Gerald S. Davee, President (see authorization letter) (10/19/99) Print Owne~ Name Owner Signature* Date /Requ/red #App~/oont/s not Owner] * Letterofownerconsentrnaxbe'usedln lieu ofslgnolure. FORM A-PA~E 2 OF 2 Appendix B THE CITY OF CHULA VISTA DISCLOSURE STATEMENT You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having financial interest in the property which is the subject of the application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier. San Diego Country Club Cox/Sprint PCS 2. If_ any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 3. If any person* identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve months? Yes __ No. X If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. Wireless Facilities Incorporated (WFI) 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election pedod? Yes __ No X If yes, state which Councilmember(s): Date: ' "&--/'2 ~/ <~? ~ ( ( SJgnaturfof ~nt~ctor/ap~t Print or ~¢e name of ~nt~°r/applicant * Per, on ¢ defined ~: "~ J~i~i~al, firm, ¢~parmer~hip, jotul venture. ~oeiatio~ ¢~ial club. freater~l APPENDIX C (l of 3~ DEVELOPMENT PERMIT .PROCESSING AGREEMENT Permit Applicant: Cox/Sprint PCS Applicant's Address: 46~3 Chabot Drive, Suite 100. pleasanton. CA 94588 Agreement Date: Deposit Amount: ~ .~ (")}'hfS, This Agreement ("Agreement') between the City of Chula Vista, a chartered municipal corporation ('City') and the forenamed applicant for a development permit ("Applicant"), effective as of the Agreement Date set forth above, is made with reference to the following facts: Whereas, Applicant has applied to the City for a permit of the type aforereferenced ('Permit") which the City has required to be obtained as a condition to permitting Applicant to develop a parcel of property; and, Whereas, the City will incur expenses in order to process said permit through the various departments and before the various boards and commissions of the City (uProcessing Services"); and, Whereas the purpose of this agreement is to reimburse the City for all expenses it will incur in connection with providing the Processing Services; Now, therefore, the parties dc hereby agree, in exchange for the mutual promises herein contained, as follows: 1. Applicant's Duty to Pay. Applicant shall pay all of City's expenses incurred in providing Processing Services related to Applicant's Permit, including all of City's direct and overhead costs related thereto. This duty of Applicant shall be referred to herein as 'Applicant's Duty to Pay.' 1.1. Applicant's Deposit Duty. As partial performance of Applicant's Duty to Pay, Applicant shall deposit the amount aforereferenced ('Deposit"). 1.1.1. City shall charge its lawful expenses incurred in providing Processing Services against Applicant's Deposit If, after the conclusion of processing Applicant's Permit, any portion of the Deposit remains, City shall return said balance to Applicant without interest thereon. If, dudng the processing of Applicant's Permit, the amount of the Deposit becomes exhausted, or is imminently likely to become exhausted in the opinion of the e City, upon notice of same by City, Applicant shall forthwith provide such additional deposit as City shall calculate as reasonably necessary to continue Processing Services. The duty of Applicant to initially deposit and to supplement said deposit as herein required shall be known as "Applicant's Deposit Duty'. 2. City's Duty. City shall, upon the condition that Applicant is no in breach of Applicant's Duty to Pay or Applicant's Deposit Duty, use good faith to provide processing services in relation to Applicant's Permit application. 2.1. City shall have no liability hereunder to Applicant for the failure to process Applicant's Permit application, or for failure to process Applicant's Permit within the time frame requested by Applicant or estimated by City. . APPENDIX C (2 ofF1 2.2. By execution of this agreement Applicant shall have no right to the Permit for which Applicant has applied. City shall use its discretion in valuating Applicant's Permit Application without regard to Applicant's promise to pay for the Processing Services, or the execution of the Agreement. 3. Remedies. 3.1. Suspension of Processing In addition to all other fights and remedies which the City shall otherwise have at taw or equity, the City has the right to suspend and/or withhold the processing of the Permit which is the subject matter of this Agreement, as well as the Permit which may be the subject matter of any other Permit which Applicant has before the City. 3.2. Civil Collection in addition to alt other rights and remedies which the City shall otherwise have at law or equity, the City has the fight to collect all sums which are or may become due hereunder by civil action, and upon instituting litigation to collect same, the prevailing party shall be entitled to reasonable attorney's fees and costs. 4. Miscellaneous. 4.1 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 prep'aid, registered or certified, with return receipt requested at the addresses identified adjacent to the signatures of the parties represented. 4.2 Governing Law/Venue. 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. 4.3. Multiple Signatories. If there are multiple signatories to this agreement on behalf of Applicant, each of such signatories shall be jointly and severally liable for the performance of Applicant's duties herein set forth. 4.4. Signatory Authority. This signatory to this agreement hereby warrants and represents that he is the duly designated agent for the Applicant and has been duly authorized by the Applicant to execute this Agreement on behalf of the Applicant. Signatory shall be personally liable for Applicant's Duty to Pay and Applicant's Duty to Deposit in the event he has not been authorized to execute this Agreement by Applicant. APPENDIX C (3 of 3) 4.5 Ho~d Handless. Applicant shall defend, indemnify and hold harmless the City, its elected and appointed officers and err,ployees, from and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense (including without limitation attorneys' fees) arising out of City's actions in processing or issuing Applicant's Permit, or in exercising any discretion related thereto including but not limited to the giving of proper environmental review, the holding of public hearings, the extension of due process rights, except only for those claims, suits, actions or proceedings arising from the sole negligence or sole willful conduct of the City, its officers, or employees known to, but not objected to, by the Applicant. Applicant's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same p~oceed to judgement or not. Further, Applicant, at its own expense, shall, upon written request by'the City, defend any such suit or action brought against the City, its officers, agents, or employees. Applicant's indemnification of City shall not be limited by any pdor or subsequent declaration by the Applicant. At its sole discretion, the City may participate at its own expense in the defense of any such actin, but such participation shall not relieve the applicant of any obligation imposed by this condition. 4.6 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 of Chula Vista and acted upon by the City of Chula Vista 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. Now therefore, the parties hereto, having read and understood the terms and conditions of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. Dated: City of Chula Vista 276 Fourth Avenue Chula Vista, CA By: Dated: t 2--/~-, /~ WFI 9665 Chesapeake Drive, Suite 320 8Y Ill the global leader IN ~ ~LECOM OUTSOURCING Qctober 19, 1999 SUBJECT: Real Property located at 88 L Street, Chula Vista, CA (APN# 610-100-12) To whom it may concern: I am authorized to represent the San Diego Country Club, Inc. who is the owner of the referenced property. This letter shall serve as notice that Cox/Sprint PCS and their agent, WFI, Inc., are authorized to sign, submit and process all necessary permit applications for a telecommunications facility on the referenced property. (print name) cc: WFI, Inc. Sprint ~ ~lc~iou llpri.t PCS Sixc D~ol~me~t ~68~ (:habca ~riv~, Suite 100 l~;~x 925 46~ 781o l~etter 9 f Authorization To Whom it May Concern: Sprint Spectrum L.P., a Delaware limited partnership and thc parent entity of Cox PCS A~sets, L.L.C., a Delaware limit~ partnership (collectively, "Sprint PCS"). has entered into a contract with Lucent Teclmologies, Inc., a Delaware corpoi'ation ("Lueant'), whereby Lucent will replace portions of Sprint PCS' telecomraan/cations network in thc San Diego and Los Angola ar, s. In connection with such r~laceanent, Lucent will perform, among other thingS, certain site acquisition and zon{ng services for Sprint PCS. Lucent has informed Sprint PCS that it has retained the site acquisition consulting firm of WFI, Inc. to perform a portinn oftl~ site acquisition services and zoning services. Part of Wl~I's responsibilities include filing zoning applications and applications for building permits for Sprint PCS with governmental entities in accordance with the reqttirements of tach governmental entities. Please be advised that WFI is presently authorized to file such applications for Sprint PCS. If you have any que~tiom or need additional information, please eentavt Jason Garland, Senior Propea~3, Speeiali~ for Sprint PCS at (925) 468-7346. Thank you for your eonsidea'afion. CONDITIONAL USE PERMIT A.P -LICATION Case No. , fi~'--~-¥F Filed: ~/~ ~_/ 3=~.~ city of Chula Vista Rece.ipt# - ' /~r~cT-/~- Planning Department Zone. ~/~ -~2~, ~ ~-~-~ Z.A. P.O. ANY PROPOSED CONTACT WITH PLANNING COMMISSION MEMBERS OUTSIDE OF THE SCHEDULED PUBLIC HEARINGS MUST BE DIRECTED THROUGH THE pLaNNING COMMISSION SECRETARY AT 691-5101. Project Location: 88 1. Street. Ch,,l~ V~ta. CA glg]l Assessor ' s No. ~19-100-12 Name of Applicant: Pacific Bell Wireless (Susan GreK~> Applicant's Address: 5]70 Cornerstone Ct.~ Suite 180~ San Die~o~ Ca 92121 Contact Person: ~usan GreKK Phone: (858> 6&2-9444 Applicant's Interest: ~Own ~Lease ~In Escrow ~Option to purchase Existing Use of Property: ~ n{~n ~n~,~try C],,B Proposed Use of Property (Describe in detail) T~ ~.~r~ql ~ mnanr~i~ ~ w~r~qe~ eomm,,n~c~tion facSlitv to orovide Personal Communication Services (PCS) services to the surrounding area. Please see attached project description for additional detail. Print Name-~f Applicant/Agent Signature ~ Date Nme: In order to gram · conditional u~ permit, thc foUowin~ findings must bc flmdc by the ~ Ad~r or ~--i-~ ~on: 1) That the p ropo~t usc at thc particular location is no. chary or dcai~ble to provldc · ~crvice or facility xvhich contfibut~ to ~ ~cnentl w~ll-bein~ st Ih~ n~ighborhood or tb~ community. ! FACT SHEET - CONDITIONAL USE PERMIT Type of Project: []]Residential [~]Commercial ~-]Industrial []]Other (explain) Project Location: ~s l, Street. Chula Vista, CA 91911 Project A~eac.,Ap?rnw. .300 . sq..ft ..... ,0 acres .... RESIDENTIAL: Number Density 1 BR 2 BR 3+BR Apartments units du's/acre Single Family Attached units du's/acre Other units du's/acre Parking: Total on-site:, Total on-street: Total: Ratio: per unit. Garages: Carports Open Open Space: sq.ft,/unit. Patios: sq.ft. Balconies: sq.ft. Storage Areas: cu.ft./unit Total Building coverage % NON-RESIDENTIAL: Please refer to attached project description. Hours of Operation: a.m. to p.m. through a.m. to p.m. through. Number of Shifts: Employees/Shift Total Employees Gross Floor Area: sq.ft. Existing: sq.ft. Proposed: sq.ft. Parking Spaces: spaces Ratio: /sq.ft. or Employee Seating Capacity Number of Students/Children If applicable When applicable Building Coverage % Landscaping % of the site NOTE: FAILURE TO USE A PERMIT - Failure to use a conditional use permit within one (I) year after the effective date ~e,~nit Al~iicint: Pacifin Bell Wireless ~[{clnt'l ~ress: 6J70 r ...... ~ ~_ ~,,~te ]RD. San ~ego 92121 for~ ~t for I ~i~t ~m~t ("~t"), ~fKtl~ ~ ~.~ M~t DiCe ~t f~ ~ Il ~ Math referee to the fotL~(~ facts: ~ere~s, ~tlc~t hes ~tl~ to the City for I ~mft of the ~ mfo~f.~ (~emSt") ~1~ ~ City bas r~lr~ to ~ ~tBt~ es i r~ltlm to ~mlttl~ ~tl~t to,~i~ · ~r~l of ~rty; ~, ~lrles, the City ~Lt Im~ ~es In ~r to ~-~ ~ld ~mlt ~ ~l ~rl~ ~r~tl ~ ~forl thw vlrl~ ~ ~ c~l~sl~ Of the City ("P~essl~ Se~l~"); ~, pr~Idl~ the Pr~eesf~ Se~lges; e~, the~fore, ~e.~rtt~ ~ her~ egrff, In ~ for t~ ~[ ~ie~ ~veln ~til~, ~ foltM: ~[trant's O~y to Pay. ~llcint shirt ~y itt of City's e~es f~r~ In pr~fdl~ Pr~sl~ Se~te~ ~tit~ to ~tl~t's Pemit, ~[~l~ iii of C~tyil direct ~ M~eid ~tl ~tit~ ~to. Thll ~y of ~[l~t ~ltt ~ ~f~r~ Oe~slt. If, 'after the c~L~S~ of ~esst~ ~[tcet'l Pemlt, ~ ~rtim of the D~lt rml~, City ~it ret~ said hi~e to ~Llcant ~Sth~ Interest the~. If, ~l~ the ~s~ of ~tl~t's Pemit, ~ ~t of the O~slt ~s e~a~t~, or Is t~[Mntty [Ikety to ~ ~a~t~ In the ~lnim of ~ City, ~ ~tl~ of City, ~[Iclnt ~lti forthu~th provl~ I~h ~itS~i ~sft ~ CIW ~it~ ~t~tite ~ ~[y ~ to c~ti~ to provi~ Pr~essS~ Services. The ~ty of ~[~t to Initially ~lt ~ to ~[~t slid ~lt shall ~ ~ as "~tlc~t's D~slt O~. 2. City's O~y. City ~lit, ~ the c~ltl~ that ~tfc~t Ii mt In ~el~ of ~ll~t's O~y to Pay ~ ~ti~t'l O~it Duty, me IO~ faith to provf~ prKessi~ services in ~[Itlm to ~ii~t'l ~mit 2.1. City ~alt have ~ Liability her~r to ~lJcant for ~e fa~t~ to ~l ~Lic~'t or for failure to process ~ttcant~s Pe~St elthin ~e tim rrm ~t~ ~ ~tlc~t or ~timt~ ~ City. . ~.Z. ay exec~l~ of this alr~t, ~(l~t ~atl hw M ri~t to ~ Pemlt f~ ~i~ 3,1. ~ of In ~ttl~ to ~tL other rl~ts ~ ~lfl ~1~ the Cl~ ~tL Khe~l~ ~ et L~ ~ GltY, ~ C{~ ~ls the rf~t to s~ ~or ult~o~-tht.~t~ the Pe~t ~l~ fl et ~jKt Itter ~ ~ll M~t, N wLI ~ the 3.~. Civil ~, the ~alti~ ~rty ~att ~ ~tit[~ to ~u~te atto~,8 fm ~ 1 &.¶ Idol Sees. Alt notices, deamnds'or requests p~ovl~ for or ~tt~ to ~ gl~ ~s~t to ~[I ~t ~t ~ In This Agr~t shat[ ~ ~ ~ K ~t~ In accost utth the lin of the State of ~Hfo~l. C~ty, SteLe of ~tlfomie, ~ if ~tlc~ie, the City of ~u[I Vista, ~ ~ cite ~ereto M ~llbte. Vm for Agree, ~ ~rfo~e her~r, ~at[ M the City of ~utl Vista. 4.3 ~[Ipte Sl~torf,. if there I~ ~ttlpte sl~torl~ to this agr~t ~ ~atf of ~lt~t, ~ of ~ l(~t~i~ ~tt ~ jolfltty ~ sMr2Lty ~l~te for the ~rfo~e of ~[Ic~tal ~ ~reifl let forth. &.& S~co~ A~hority. ~ltt M ~rihtty tlabte for A~t~cant's Duty to Pay ~ ~tlc~t's P~y to D~slt in the Wt he his ~t ~ i~horlz~ to exKute this Agr~nt ~ 8~ egoist iW claJ~, lo,ts, ict~ or ~e~J~s, j~iciat or ~fn~strati~, for ~Jts, o~, inj~tJ~ or other ~e;llq or llsu;~ ~Hcint's Pemlt, or ~n Ixfrc~s;q ~ d;scretlm ~(it~ ~e~to i~L~i~ ~ mt Iillt~ to the Ilvi~ of ~r ~;r~ntat ~vS~, the hotdi~ of ~tic hearSeS, the Utnl~ d ~ ~l ri~tl, ~c~t ~ty for officers, or ~t~l k~ to, ~ ~t ~ject~ to, ~ the ~t;c~t. ~tlc~t'8 f~lfi~tim ~tt f~t~ ~ IglJ~t S~h cLBJ~, ~ether the s~ prKe~ to J~nt or ~t. F~ther, ~LJc~t, It itl ~ Me, ~ltt, ~ ~ticant'a l~tflcati~ of City sheet mt ~ tlnit~ ~ ~ ~lor or ~t ~liratl~ ~ ~l ~tic~t. At Itl sole discretJ~f the City my ~rtJcJ~te it its ~ ~e in the ~f~l of ~ ~ Kt[~, ~ ~L~ ~rtlgl~tJ~ mt relieve the ~LJco~t of ~ ~[lOstim Im~ ~ this c~ltl~. i.6 ~infstrmtJve C[ii~ I~J~tl ~ lo Suit ~ I~ltritl~ ~BL[ b br~t srisl~ ~ of thll I~t, IBmiMt the CI~ mia · ct[Ia his first ~ Ffsent~ in Fltlq ~ flt~ vlth the City of ~uil Vista ~ ~tH W ~ be Clq of ~utm VilLi In ~=M ulth the ~==~ let forth in ~ipter 1.~ of the ~u[i Vlstt ~l;l~t ~. n m my fw tim to tim h ~, the City In the I~[mntitim of ~. ~ ~st ~ City, ~utt~t ~t[ mt ~ ~fer In K fli~ ilth City for e~ess their ~t tO the te~ her.f ~ 8ettl~ their ~ he.to m the ~te set for~ ~j~ ~ereto, City of ~utl Vista ZT6 F~th A~ Dat~: ~-~/-~ Pacific Bell Wireless ~vn rn ..... +~o ~ qte. 180 ! 'I CFFY OF CHULA. VISTA DISCLOSL'i You arc required to file a Statcmcnl of Disclosure of ~rtain ownership or financial in[crests, payments, or campaign conlributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and · all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property which is thc subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. P~F'i{in Bell Wir~les~ S~D Di~n Cmlnrry Club 2. If any person* identified pursuant to (1) above is a corporation of partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 3. If any person' identified pursuant to (1) above is non-profit organization or a trust, list the names of any pemon serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Have you had more than 5250 worth of business transacted with any member of the City staff, Boards, Commissions, Committee.s, and Council within the past twelve months? Yes No × If yes, please indicate person(s): 5. Please identify each hnd every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. ~n~n Cr~_~ for PacifSc Bell Wire]ess 6. Have you and/or your-officers or agents, in the aggregate, contributed more than $I,000 to a Councilmember in the current or pre. c~ing election period? Yes No ~ If yes, state which Councilmember(s): · · · (NOT~ Atlaeh additional pages ~ ~_~,~) Date: =-~/- d-'~ Signalurc of mnt~/applimnt Su~an Gr~ for Pacific Bell Wireless Print or ~e name of mntmctor/applimnt ~ P~n ~ ~md ~: ~Any O~vi~a4 fin~ cq-pam,~hip, jo~ ~r~, ~iatio,[ ~ dub, p.t~ml ~tio~ ro~r~o~ ~ ~ ~ o~ c~, ~ a~M co~*~; cig mmdcipalig, ~ or o~ ~li6c~ mb~v~io~ LETTER OF AUTHORIZATION Date: Candidate #: SD-280-02 To: City of Chula Vista Planning & Building Departments Re: Letter of Authorization Pacific Bell Wireless -- Communications Facility I, owner/agent of the below-described property, do hereby appoint Pacific Bell Wireless (PBW) my agent for the purpose of consummating any application necessary to insure their ability to use the property for which PBMS is negotiating a lease for the purpose of constructing a communications facility. I understand that this application may be denied, modified or approved with conditions and that such conditions or modifications must be complied with prior to issuance of building permits. Property Address: 88 / Street Chula Vista, CA 91911 Assessor's Parcel Number: 619-040-24-00 Date Print Name/Title: {'_. ' Development Processing CITY OF CHULA VISTA Application Form - Type A Planning & Building Department aW C~ 276 Fourth Avenue Page One CHULA VLq[A (619)691-510! J TYPE OF REVIEW REQUESTED staff use one),/Cqse No.: f~-~-~-~L~ ~ Conditional Use Permit Fi,ng Date: q"/~/OC) By: ,",~---- F-I Variance ~.~'~/ Assigned Plar(n~r/ ~-/~,.,,~.,? Receipt NO.: C] Design Review Project Acct: [~ Special Land Use Permit Deposit Acer: ,~,~)'~ [Redevelo. orn~'3t Area On&') I~J 7_A. ~ Public Heating / ! ~] Miscellaneous: PLIC r II Applicant Name Phone No. Applicant Address Applicanfs Interest in Properly ff applicant is not owner, owners r-I Own C;~ Lease r-1 In Escrow [] Option to purchase is required to process request. See signature on Page Two. Architect/Agent Phone No. Architect/Agent Address J PRo.ct J Project Name J Proposed Use General Description of Proposed Project (P/ease use Appendix A to provide a full description and ju~flcotlon for the proJectJ Has ~ representa~ve ottenci6~l o Pr~-A~licaflon Conference to cii~us~ mis projecl? ~ E .~ - Ifso, what was the date? Z.l~-2z)oo (~ ~'-~-~ Pre-AppNo.: ~,4 -~c, SU'I~IECT PROPERT~ INFECTION (for ail ~pe~) Location/Street Address ~<~ ~__ ~..g~.~_~,.../L~ ~,ssessods Parcel No. Total Aoreage Redevelopment Area jif apCcablel Current ~eneral Plan Designation Cu~ent Zone Designation Plannedo~C munih/' {If aDpllcobleJ Current Land Use Is this in'M'oJ3t/~omew $.P.? 'Development Processing · ~.~lt~.* CITY OF CHULA VISTA ~ Planning & Building Deparmaent Application Form (31V Of 276 Fourth Avenue Page Two CHU[A VISTA (619)691-510l I(staff use onlvl Case No.: ' [ Type of Use Proposed Landscape Coverage (% of Lot) [~ Residential gComm, J~lnd. ~JOther Building Coverage (%alLot) T~e of Dwelling Units) Numar of Lots No. at Dwelling Units Proposed Existing 1BR 2BR 3+BR Total Densily [PUs/acre) Maximum Building Height Minimum Lot Size Average Lot Size Parkinq Spaces Total Off-street J of Parking I~ze; whether cove~l Required by Code: Provided: Open Space Description (Acres each of pre'ate, comman, and landscaping) NON-RESIDENTIAL PROJECT SUMMARY Gross Floor Area (sf) P~opased Existing Building Height Hours of Operation [Days & Hours) Anticipated Total # Employees ~, Max. # of Employees, j at any one time Parking Spaces Required Spaces Provided Type of parking [size) - O - - O - To LiSt: E'~t51'~- .~rt~ Iq ~. # of Students/Children or opplicODio) Age at stuaents/chilOren lit applicable} Seating GOpOGIP!/ Print Applicant or Agent Name Applicant or Agent Signature Date Print Owner Name Owner Signature* Date (Required if Applicant is not Owner} * Letter of owner consent may be used in lieu of signature. FORM A-PAGE 2 OF 2 ' '~ Appendix B THL _,iTY OF CHULA VISTA DISCLOSURE ,~{'ATEMENT You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having financial interest in the property which is the subject of the application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier. 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of ail individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 3. If any person* identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or b'ustor of the trust. 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve months? Yes No ~ If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes No ~ If yes, state which Councilmember(s): (NOTE: ATTACH ADDITIONAL PAGES AS NECESSARY) Date: :~ Z~ ~ 2..~ ~o --~ .~_~', t ,, ~ Signature of contractor/applicant Print or type name of contractor/applicant * Person ts defined ax' "Any individual, firm copartnership, joint venture, association, soctal club. J~eaternal organization, corporation. estate, trust, recetver, syndicate, this and any other county, city and count~, , ciW, municipality, district, or other political subdivision, or an.v other group or combination acting asa unit." e~ ,., ~, ~ APPENDIX C (I of 3) DEVELOPMENT PERMIT PROCESSING AGREEMENT Permit Applicant: ,-.~-' 1~ Applicant's Address: 143o Type of Permit: C Agreement Date: Deposit Amount: This Agreement ("Agreement") between the City of Chula Vista, a chartered municipal corporation ("City") and the forenamed applicant for a development permit ("Applicant"), effective as of the Agreement Date set fodh above, is made with reference to the following facts: VVhereas, Applicant has applied to the City for a permit of the type aforereferenced ("Permit") which the City has required to be obtained as a condition to permitting Applicant to develop a parcel of property; and, Whereas, the City will incur expenses in order to process said permit through the various departments and before the vadous boards and commissions of the City ("Processing Services"); and, Whereas the purpose of this agreement is to reimburse the City for all expenses it will incur in connection with providing the Processing Services; Now, therefore, the parties do hereby agree, in exchange for the mutual promises herein contained, as follows: 1. Applicant's Duty to Pay. Applicant shall pay all of City's expenses incurred in providing Processing Services related to Applicant's Permit, including all of City's direct and overhead costs related thereto. This duty of Applicant shall be referred to herein as "Applicant's Duty to Pay." 1.1. Applicant's Deposit Duty. As partial performance of Applicant's Duty to Pay, Applicant shall deposit the amount aforereferenced ("Deposit"). 1.1.1. City shall charge its lawful expenses incurred in providing Processing Services against Applicant's Deposit. If, after the conclusion of processing Applicant's Permit, any portion of the Deposit remains, City shall return said balance to Applicant without interest thereon. If, during the processing of Applicant's Permit, the amount of the Deposit becomes exhausted, or is imminently likely to become exhausted in the opinion of the e City, upon notice of same by City, Applicant shall forthwith provide such additional deposit as City shall calculate as reasonably necessary to continue Processing Services. The duty of Applicant to initially deposit and to supplement said deposit as herein required shall be known as "Applicant's Deposit Duty". 2. City's Duty. City shall, upon the condition that Applicant is no in breach of Applicant's Duty to Pay or Applicant's Deposit Duty, use good faith to provide processing services in relation to Applicant's Permit application. 2.1. City shall have no liability hereunder to Applicant for the failure to process Applicant's Permit application, or for failure to process Applicant's Permit within the time frame requested by Applicant or estimated by City. APPENDIX C '~' (2 of 3) 2.2. By execution of this agreement Applicant shall have no right to the Permit for which Applicant has applied. City shall use its discretion in valuating Applicant's Permit Application without regard to Applicant's promise to pay for the Processing Services, or the execution of the Agreement. 3. Remedies. 3.1. Suspension of Processing In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the dght to suspend and/or withhold the processing of the Permit which is the subject matter of this Agreement, as well as the Permit which may be the subject matter of any other Permit which Applicant has before the City. 3.2. Civil Collection In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the dght to collect all sums which are or may become due hereunder by civil action, and upon instituting litigation to collect same, the prevailing party shall be entitled to reasonable attorney's fees and costs. 4. Miscellaneous. 4.1 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 adjacent to the signatures of the parties represented. 4.2 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. 4.3. Multiple Signatories. If there are multiple signatories to this agreement on behalf of Applicant, each of such signatories shall be jointly and severally liable for the performance of Applicant's duties herein set forth. 4.4. Signatory Authority. This signatory to this agreement hereby warrants and represents that he is the duly designated agent for the Applicant and has been duly authorized by the Applicant to execute this Agreement on behalf of the Applicant. Signatory shall be personally liable for Applicant's Duty to Pay and Applicant's Duty to Deposit in the event he has not been authorized to execute this Agreement by Applicant. APPENDIX C ~ (3 of 3) 4.5 HOld Harmless. Applicant shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense (including without limitation attorneys' fees) arising out of City's actions in processing or issuing Applicant's Permit, or in exercising any discretion related thereto including but not limited to the giving of proper environmental review, the holding of public hearings, the extension of due process rights, except only for those claims, suits, actions or proceedings arising from the sole negligence or sole willful conduct of the City, its officers, or employees known to, but not objected to, by the Applicant. Applicant's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Applicant, at its own expense, shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Applicant's indemnification of City shall not be limited by any prior or subsequent declaration by the Applicant. At its sole discretion, the City may participate at its own expense in the defense of any such actin, but such participation shall not relieve the applicant of any obligation imposed by this condition. 4.6 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 of Chula Vista and acted upon by the City of Chula Vista 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 incoroorated 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. Now therefore, the parties hereto, having read and understood the terms and conditions of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. Dated: City of Chula Vista 276 Fourth Avenue Chula Vista, CA By: 2000 Consulting Group Authorization ?or Lan~ USe Per. its to ~hc It May Concern: ON Cons ~ltlng GrOUp, on behalf of AlrTouch ColluJa?, Is authoPlzed to seek land u$~ entitlements eno other p(r~its for th~ bane?It o? in$~mlJin~ ~nd operatt(~ a wireless c~untca:ions ?aclllty ~n :he ~n Diego Codntry Club, Assessol' Parcel 619-100-12, 7S NaDIrs St~t (~rtn side between Dixon end Tobies I~lves}, Chula vista. California. JN and/(,r A~?Touch are responsible for costs of processing such a~p~icat[on~ ~ pen dts, FrTn~ TI~I~ September 17, 1999 RE: JM Consulting Group, Inc. as representative for AirTouch Cellular To Whom It May Concern: JM Consulting Group, Inc. is an authorized representative of AirTouch Cellular and has been contracted to perform real estate leasing, land use entitlements, materials procurement, architectural, engineering, equipment installation, design and construction of AirTouch wireless telecommunications facilities. As an authorized representative of AirToueh Cellular, JM Consulting Group, Inc., may sign and submit land use applications and permits, as well as, negotiate leases on behalf of AirTouch Cellular. Sincerely, ~ Tom Conzelman Manager, Network Planning and Development Engineering ,~,, ~, i lqI~i ?'': *! zl'~: r'~ffi'~:" ~ llll ~'~[~l[l~ ~]I? ~,q.,,l[ [,i ~i ":.'"""l ~,, ;~ Ill i ii . .pi ,i i~, ... ~,,~,,~, ''_ ~i~l~lll~? IllhI'i~'''**] , ~ l~Ii-,',~ I RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A CONDITIONAL USE PERMIT, PCC '00-27-47-53, TO SPRINT, CINGULAR, AND VEKIZON COMMUNICATIONS TO CONSTRUCT AN UNMANNED CELLULAR COMMUNICATIONS FACILITY AT 88 L STREET (SAN DIEGO COUNTRY CLUB) 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 88 L Street ("Project Site"); and 2. Project Applicant WHEREAS, on December 21, 1999, March 22, 2000, and April 6, 2000 duly verified applications for three conditional use permits (PCC 00-27, 47 and 53) were filed with the City of Chula Vista Planning Department by Sprint, Cingular, and Verizon respectively ("Applicant"); and 3. Project Description; Application for Conditional Use Permit WHEREAS, initially each provider (Sprint, Cingular, and Verizon) filed a separate application but was encouraged to work together to combine the three single applications into one application for a co-location facility, and as a result of a presentation to the Planning Commission was encouraged to request permission to construct an unmanned cellular conununications facility consisting of two (72-ft. and 77-ft. high) mono-pines with two provider antenna arrays on each pole; and 4. Planning Commission Record of Application WHEREAS, the Planning Comanission held an advertised public hearing on the project on February 14, 2001 and voted 6-0-0-1 recommending that the City Council approve the project in accordance v(tth Resolution PCC 00-27-47-53; and 5. City Council Record of Application WHEREAS, a duly called and noticed public hearing on the project was held before the City Council of the City of Chula Vista on March 27, 2001; to receive the recommendation of the Planning Commission, and to hear public testimony with regard to the same. Resolution No. __ Page 2 NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine, and resolve as follows: B. PLANNING COMMISSION RECORD The proceedings and ail evidence on the project introduced before the Planning Commission at their public hearing on this project held on February 14, 2001 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 3 {c} categoricai exemption from environmentai review pursuant to 15303 and 15311 of the Caiifornia Environmentai Quality Act. D. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the environmental determination of the Environmentai Review Coordinator was reached in accordance with requirements of the California Environmental Quaiity Act, the State EIR Guidelines, and the Environmentai Review Procedures of the City of Chula Vista. E. CONDITIONAL USE PERMIT F1NDINGS The City Council of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of conditional use permits, as hereinbelow set forth, and sets forth, thereunder, the evidentiaty basis that permits the stated finding to be made. 1. That the proposed use at this 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 antenna location is necessary to provide and maintain a quaiity wireless phone system in the Chula Vista area, particularly to the surrounding residential areas. The proposed mono-pine antennas will provide coverage and capacity for this system that will ensure availability to business users, personal users, and emergency service providers including sheriff, police, fire, and paramedics, thus enhancing emergency service and response. 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. Resolution No. __ Page 3 Telecommunication systems operate on low power radio waves. Radio frequency radiation from this system of antennas has been shown to be below any levels that would cause hazardous biological effects. This radio frequency radiation is so far below recognized safety standards that they constitute no hazard to public health or safety. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. This Conditional Use Permit is conditioned to require the permittee and property owner to fulfill conditions and to comply with all applicable regulations and standards specified in the Municipal Code for such use. The conditions of this permit are approximately in proportion to the nature and extent of 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 this permit will not adversely affect the Chula Vista General Plan in that said project is proposed to be built on a site surrounded primarily by public uses along with residential uses, and the land use impact will be minimal and the visual impact is being addressed. F. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC 00-27-47-53 subject to the following conditions whereby the Applicant (Sprint, Cingular, Verizon and potential future carrier) or property owner (San Diego Country Club) shall: 1. Construct the project as shown in conceptual plans, elevations, photo-simulations and other exhibits submitted for review at the City Council public hearing held on March 27, 2001. 2. The landscaping and irrigation shall be installed simultaneously with the commencement of construction of the two mono-pines and will be in place prior to the final inspection and issuance of the certificate of occupancy. 3. The artificial pine branches to be installed on the two mono-pine structures shall reach a length greater than the projection length of the antenna panel arms for each of the two potential antenna arrays on each mono-pine. Provide additional photo- simulations with plans that indicate the branches will extend beyond the antenna sectors from all three angles prior to issuance of building permits. 4. Prior to issuance of building permits, submit the approved plans and photo- simulations presented for review and approval to ensure that all proposed colors, materials, screening and planting material will architecturally integrate with the Resolution No. __ Page 4 surrounding environment and the San Diego Country Club golf course to the satisfaction of the Planning and Building Director and the Landscape Planner. 5. Upon installation/construction of the mono-pines, the associated equipment buildings, and the planting of real pine trees and the associated screening landscape vegetation, all three applicants and the property owner shall provide a maintenance agreement to ensure and be responsible for all maintenance repairs, replacement or upgrade of said improvements for the life of the project. This condition shall include the replacement of any mono-pine tree elements that appear faded or worn overtime or as a result of adverse weather effects, as viewed by the City of Chula Vista. Failure to maintain the project site to the satisfaction of the Plamfing and Building Director shall be cause for revocation of this Conditional Use Permit. 6. In the event that any damage occurs to the mono-pines, equipment building, or landscape elements, the applicant will appropriately upgrade, repair or replace the said improvements to the satisfaction of the Director of Planning and Building. 7. The applicant shall remove all said improvements and restore the site to its original condition in the event that new technologies provide service that would cause the existing facility to become obsolete. 8. This permit shall be limited to providing Sprint, Cingular, Verizon, and one future wireIess communication provider (by way of an administrative Conditional Use Permit), the entitlement to locate a facility at this location, and cannot be sold or leased to another provider without written approval of the City. 9. This permit shall expire ten (10) years after the date of its approval by the City Council. After the first five (5) years, the Zoning Administrator shall review this Conditional Use Permit for compliance with the conditions of approval, and shall determine, in consultation with the Applicant, whether all conditions are being satisfied or whether or not the structure(s) can be lowered. 10. Upon cessation of the business operations or use of the mono-pines and accessory structures by the applicants, the applicants have 90 days to submit a substitute user satisfactory to the Director of Planning and Building Department, or remove the mono-pines and accessory structures and return the site to its original condition within 180 days after the substitute user is determined. 11. A future fourth provider may co-locate as a second provider on the mono-pine that contains only one provider's antenna array, subject to an administrative conditional use permit for the second antenna array with approval by the Zoning Administrator. The future administrative conditional use permit will be required to comply with all conditions of this conditional use permit, and any additional conditions determined by the Zoning Administrator to be appropriate to ensure compatibility. 12. Cooperate with other tele-communication companies who wish to co-locate additional antennas on subject property provided said co-locatees have received a Resolution No. __ Page 5 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 subject property, 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 accommodating other users, the City may require a third party technical study at the expense of either or both the Permittee and complaining user. 13. Comply with ANSI standards for EMF emissions. If on review, the City finds that the project does not comply with ANSI standards, the City may revoke or modify this conditional use permit. 14. Ensure that the project does not cause localized interference with reception of area television or radio broadcasts, including local frequencies used by the Chula Vista Elementary, Sweetwater Union High School, and Sweetwater Authority or Otay Water Districts. If on review the City finds that the project interferes with such reception, the City may revoke or modify the conditional use permit. 15. Access to the equipment cabinet, antennas, and satellite dish shall be restricted and limited to service personnel and limited to a maximum of two visits per month during daytime hours for routine non-emergency maintenance. The project must have adequate access control to the antennas and equipment areas to help prevent theft, graffiti, and other forms of vandalism. Applicant shall contact the Crime Prevention Unit of the Police Department at 691-5127 for inspection and implementation of any crime prevention elements prior to commencement of operation. 16. All lighting for the equipment enclosure shall be in conformance with Section 17.28.020 of the Municipal Code. Any lighting plan shall include shielding to remove any glare from adjacent residents, and shall be reviewed and approved by the Planning and Building Director. 17. Comply with the City's Municipal Code noise standards. Within three (3) months of the issuance of the certificate of occupancy, the applicant shall submit a report to the Director of Planning and Building that provides cumulative field measurements of facility noise. The report shall quantify the levels and compare the results with current standards specified in the Municipal Code for residential uses. Said report shall be subject to review and approval by the Director for consistency with the project proposal report and Municipal Code noise standards. If on review the City finds that the project does not meet the Municipal Code noise standards, the City may revoke or modify the permit. 18. The project shall be developed and maintained in accordance with the approved plans on file in the Planning Division, the conditions contained herein, and Title 19 (Zoning) of the Chula Vista Municipal Code. Resolution No. __ Page 6 19. Prior to any use of the project site or business activity being commenced thereon, ail conditions of approval shail be completed to the satisfaction of the Director of Planning and Building. 20. Approval of this request shail not waive compliance with all sections of Title 19 (Zoning) of the Municipai Code, and ail other applicable City Ordinances in effect at the time of building permit issuance. 21. A graffiti resistant treatment shall be specified for all wail and building surfaces. This shall be noted on any building and wail plans and shail be reviewed and approved by the Planning Director prior to issuance of building permits. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the Municipal Code regarding graffiti control. 22. Comply with ail requirements and obtain ail necessary permits from the Chula Vista Building Division. A building permit will be required for the mono-pine and equipment building, with the provision of structural calculations for the proposed monopalm Compliance with 1998 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, and 1996 National Electrical Code is required. 23. Comply with all requirements of the Chula Vista Fire Department. Additional review will be required at the time of building permit approval. 24. Comply with all requirements of the Chula Vista Engineering Department. Additional review will be required at the time of building permit approval. 25. This conditional use permit shail become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. 26. 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 City shall impose after advance written notice to the Permittee and after the City 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 cannot, in the normal operation of the use permitted, be expected to economicaily recover. 27. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and ail liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this conditional use permit, (b) City's approval or issuance of any other permit or action, Resolution No. __ Page 7 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 conditional use permit where indicated, below. Applicant's/operator's compliance with this provision is an express condition of this conditional use permit and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. 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 of this recorded document within ten days of recordation to the City Clerk shall indicate the property owners/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's Office and known as document No. Signature of Property Owner Date Signature of Representative of Date Sprint Communications Signature of Representative of Date Cingular Communications Signature of Representative of Date Verizon Communications Resolution No. Page 8 H. ADDITIONAL TERM OF GRANT This permit shall expire ten (10) years after the date of its approval by the City Council. After the first five (5) years, the Zoning Administrator shall review this Conditional Use Permit for compliance with the conditions of approval, and shall determine, in consultation with the applicant, whether all conditions are being satisfied or whether or not the structure(s) can be lowered. I. NOTICE OF EXEMPTION The City Council 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 City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision, and condition herein stated; and that in the event that any one 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: Director of Planning & Building rney y ' H:XHOME~PLANNiNGLHAROLDhRE SOLUTIONS\RESOCCPCC00-27-47-53 .DOC COUNCIL AGENDA STATEMENT Item Meeting Date 3/27/01 ITEM TITLE: a) Report on Communications Audit b) Resolution accepting staff recommendations regarding the Communications Audit, amending the FY 2000-01 Public Information Office Budget to add 1.0 FTE Communication Specialist, 1.0 FTE Administrative Office Assistant II, and 0.5 FTE Web Master, and for consultant services, furnishings and equipment; and appropriating $100,000 from the available fund balance of the General Fund and $32,250 from the available fund balance of the Public Facilities Development Impact Fee Fund SUBMITTED BY: Deputy City Manager Palme{~ REVIEWED BY: City Manager ~5~a// (4/5tbs Vote: Yes _X No __) In 2000, the City commissioned an audit of its internal and external communications. A steering committee, made up of executive and senior managers reviewed the consultant's findings and, as a result, recommends the expansion of the City's communication program through a variety of strategies. STAFF RECOMMENDATION: That Council (a) accept the Communications Audit Report and (b) amend the FY 2000-01 budget to add 1.0 FTE Communications Specialist, 1.0 FTE Administrative Office Assistant II, and 0.5 FTE Web Master and for Website consultant services, furnishings and equipment, (c) appropriate $100,000 from the available fund balance of the General Fund and $32,250 from the available fund balance of the Public Facilities Development Impact Fee Fund. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: In February 2000, the Public Information Office contracted with the firm SAE Communications to conduct an internal and external communications audit. The purpose of the audit was to determine: · How effectively the City communicates with residents, businesses, educational institutions, etc. through tools such as the Spotlight (formerly known as the Chula Vista Ouarterl¥), the website, press releases, heating notices, job announcements, etc. · How effectively the City responds to requests for information from residents, businesses, etc. · How effectively the City markets itself to new businesses. Page 2, Item __ Meeting Date 03/27/01 · How effectively the City communicates its mission, goals and objectives to its own employees. A Steering Committee, consisting of Dawn Beintema, Jeri Gulbransen, Bob Leiter, John Lippitt, David Palmer, Chris Salomone, Shauna Stokes, and Louie Vignapiano was established to coordinate the project. The audit included the following elements: · Interviews with the Mayor and City Council · Interviews with City administration and department heads · Interviews with 12 key community leaders · Evaluation of existing internal and external communication tools (newsletters, fliers, brochures, web page, etc.) · Random telephone survey of 400 residents · Three focus groups of business operators · Written survey of all employees In late summer 2000, the consultants presented their findings to City staff (ATTACHMENT A). The Steering Committee has, in turn, analyzed those findings and is now recommending a course of action. COMMUNICATION AUDIT FINDINGS After conducting the audit, the consultants found that "Chula Vista has done an exceptional job of generating more than its share of coverage in regional (media) outlets." They also found that: ~ Electronic media was identified as the primary source of information used by residents and that the residents would like to see more coverage ~ Residents, businesses, visitors would like to be more well informed about City policies, activities and issues Two-thirds of the residents surveyed felt that the City's quarterly newsletter Spotlight was helpful in learning about City programs and services and that the residents would like to receive this publication more frequently ~ There is a need for a more consistent style or theme in printed materials ~ The City should dramatically enhance its web presence ~ There is a perception that the City is a less-than-easy place for small and medium- sized firms to do business Page 3, Item __ Meeting Date 03/27/01 } Many City staff believe that internal communications can be enhanced and more efficient } The City has a strong need for a senior communications strategist/advisor, along with a well trained and experienced Public Information support team sufficient to handle increased workload Based upon the findings, the consultants made numerous recommendations to "enhance the city's communications success." The detailed recommendations can be found in the attached report. STEERING COMMITTEE RECOMMENDATIONS After reviewing and analyzing the audit findings, as well as the related recommendations from the consultant, the Steering Committee has developed a recommended Communications Plan for calendar year 2001. In developing this plan, the Steering Committee took into consideration a number of factors including: Growth of the City The City's Public Information Office was created in 1983. At that time the City had a population of 86,000, a staff of 505 FTE, Rohr was the one major business, there were no master planned communities, no tourist attractions, and few special events. In 2001 the city limits have expanded greatly, the population is now 180,000 and growing. The City currently employs 1056 FTE. Major businesses now include BF Goodrich, Solar Turbines, Leviton, and Raytheon. There are numerous master planned communities, four major tourist attractions, and many special events are held here annually. Growth of the local media In 1983 there were three general interest newspapers, 15 special interest/ethnic newspapers, 3 television stations with local news programming, and one station with a morning show. In 1983 the City sent out less than 25 press releases and seldom had press contacts. Today, Chula Vista is served by 2 general interest newspapers, 30 special interestJethnic papers, and 6 television stations which air local news programming and 4 with morning shows. In 2000 the City sent out over 125 press releases, responded to a dramatically increased number of press phone calls and requests, and scheduled a number of editorial board meetings and press tours. History of Public Information Staffing Through the 1980s the Public In£ormation Office saw a steady increase in staffing which allowed the office to offer more enhanced products (promotion, marketing, image, etc.). Page 4, Item __ Meeting Date 03/27/01 However, in the mid-1990's some support was phased out due to budget cuts. Staff levels each year: 1983 1.0 FTE Public Information Officer, 0.5 FTE Technical/Clerical 1987 1.0 FTE Public Information Officer, 1.0 FTE Technical/Clerical, 1991 1.0 FTE Public Information Officer, 1.0 FTE Technical/Clerical, and 0.5 FTE Administrative Analyst 2001 1.0 FTE Public Information Officer, 1.0 FTE Technical/Clerical Other Agency's PlO~Communications Office Staffing Patterns A sampling of other public agencies found that successful PIO/Conununication Offices are not one-person shops. For example: · The Southwestern College office has a full-time staff of 4 FTE (Community Relations Director, Marketing/Communications Associate, Public Information Associate, Secretary). · The Sweetwater Anthority's office has a full-time staff of 4 FTE (Communications Director, Graphic Designer, and two Education Specialists). · The City of Pasadena (population 138,000) has a full-time staff of 6 FTE (Public Information Officer, Assistant Public Information Officer, Technical Specialist, Secretary, and 2 Webmasters). · The City of Palmdale (population 125,000) has a full-time staff of 2.5 FTE (Public Information Officer, Deputy Public Information Officer, 0.5 Secretary plus contracted Webmaster services). · The City of Brea (population 37,000) has a full-time staff of 8.5 FTE (Communication/Marketing Manager, 2 Marketing Coordinators, 2 Graphic Artists, 2 AV Specialists, Secretary, and 0.5 paid Intem). 2001 COMMUNICATIONS PLAN Based upon the audit findings and the consultant's recommendations, the Steering Committee has proposed a "2001 Communications Plan." This plan begins with a Mission Statement: The 2001 communication plan is designed to ensure that the City is noted for its outstanding communication and positive image with its residents, businesses, visitors, staff, and within the region. The Steering Conunittee also recommends adoption of three specific goals, along with numerous objectives for each goal, related to this mission: 1. Develop a management structure to support the implementation of the communications plan. Page 5, Item __ Meeting Date 03/27/01 2. Facilitate communication within the City organization and community by creating and enhancing communication techniques and products. 3. Enhanced media communications. Finally, various strategies suggested by the consultant were discussed and the Steering Committee agreed upon a recommended work plan: ~ Establish a permanent citywide Communications Committee with representation from every department. The Communications Committee initially shall: ,/ Evaluate citywide graphics abilities and needs and make recommendations for increasing effectiveness ,/ Unify graphic presentation of the major public service departments (Library, Nature Center, Parks and Recreation, Organization Development and Training, etc.) ff Develop a graphic design manual ~ Formalize/centralize graphic design responsibilities ff Evaluate citywide marketing abilities and needs and make a recommendation for increasing effectiveness ,/ Tie "Catch the Spirit" theme into citywide communications materials ¢ User test public forms developed by City Clerk, Finance, Human Resources, Public Works, Planning and Building and Community Development Departments for functionality ff Make recommendations for effective Civic Center signage > Invest the Office of Organization Development and Training (ODT) with the responsibility for intemal City communications. In addition to their other responsibilities, ODT shall: ,/ Publish the City News.(monthly employee newsletter) ,/ Coordinate maintenance of the City's Intranet q' Provide customer service training ~ Create a Communications Office that is responsible for external communications and special event coordination. The office should consist of: Deputy City Manager/Director of Communications (existing) 1.0 FTE Public Information Officer (existing) 1.0 FTE Communication Specialist (new) 1.0 FTE Clerical (new)~ 0.5 Webmaster (new) t The Administrative Technician in Administration had provided roughly 70% support. With the creation of the Office of Budget and Analysis, this position is being reassigned to this division. The Senior Administrative Office Specialist for the MIS Department had provided roughly 30% support to Administration. With the expansion of the MIS Department, this single clerical position for MIS is being transferred 100% to MIS. Page 6, Item __ Meeting Date 03/27/01 The roles and responsibilities for these positions shall be as follows: [~ Establish Deputy City Manager Palmer as the City's Director of Communications. The Director of Communications shall: ,/ Oversee the implementation of the 2001 Communications Plan and the development of a citywide media strategy, as well as future annual communications plans ,/ Provide communication counseling for controversial and sensitive internal and external issues ,/Coordinate external and internal communications ,/ Chair citywide Communications Committee and ensure implementation of their objectives ,/ Coordinate development and implementation of an ongoing neighborhood "town hall" program, including the solicitation of public input for the General Plan Update, City budget, etc. ,/ Oversee the redesign of the City's website by an outside consultant ,/ Supervise the maintenance of the content of the City's website ,/ Direct and coordinate the budget for communications ,/ Serve as liaison between the City and Chula Vista Chamber's ConVis a The Public Information Officer shall: · / Establish and maintain key media relationships ~ Work with the Mayor/Council/staffto provide public relations support to City Council (State of the City Address, schedule media interviews, etc.) ,/ Assist with the development and implementation of media policy ,/Conduct media training for City staff members · / Expand media pitching program and arrange tours for media · / Increase the number of editorial board meetings ~ Write sensitive and high profile press releases ,/ Arrange and produce special events for media coverage (Olympic Parkway groundbreaking, CNG bus rollout, etc.) · / Centralize press release coordination ¢ Publish Spotlight with increased frequency (bi-monthly) ,/ Assist with the development and presentation of the Mayor's "State of the City" address ,/ Coordinate with City departments for review and assistance with their brochures and newsletters · / Provide crisis communication management Page 7, Item __ Meeting Date 03/27/01 4' Coordinate implementation of City's corporate identity program (logo, graphic standards, etc.) ~' Work with City departments to coordinate the preparation of reports and power point presentations which are intended to communicate information to the public about issues such as growth management, traffic, etc. ~' Manage contracts (video taping of Council meetings, Tall Ship California, etc.) 4' Liaison with affiliated agencies such as local Public Information Officers, attractions, and ConVis. [] The Communications Specialist shall: 4' Coordinate the City's special events such as Harbor Days, Barrios Race, Yule Parade, etc. ff Organize neighborhood "town hall" meetings ,/ Assist organizations wishing to hold a special event in Chula Vista ,/ Replay broadcast of City Council meetings on cable TV ~ Write routine press releases ~/ Conduct research ,/ Prepare media kits ,/ Coordinate invitations to City sponsored events ~ Oversee photo library ~ Coordinate filming requests ff Coordinate awards submittals (Helen Putnam Award, etc.) ,/ Provide staff support to the citywide Communications Committee Publish and maintain desk reference guides to assist city employees when they are asked basic and specialized information by residents ff Prepare articles for Spotlight and other publications ff Complete and coordinate surveys sent to the Communications Office ff Assist with crisis communication management ,/ Assist with review and development of City departments brochures, newsletters and other publications ~ The Webmaster shall: ,/ Work with consultant, Communication Committee, and City departments on the redesign of the City's Website ~ Work with the Communications Committee and City departments to maintain the City's Website to ensure accuracy and timeliness ,/ Assist with the maintenance of the City's Intranet site Page 8, Item __ Meeting Date 03/27/01 ia The Administrative Office Assistant II shall: ¢ Develop and maintain media lists */ Maintain video file ,/ Maintain print media clipping file ,/ Coordinate review of draft press releases from City departments ~ Format, fax, and mail press releases ~ Screen media calls ~ Schedule meetings ,/ Draft correspondence ,/ Maintain mailing lists for publications (Spotlight) and other communication tools ,/ Deliver and pick-up film and other pieces of material ,/ Assist with research and data collection */ Assist with replay broadcast of City Council meetings on cable TV If the "2001 Communications Plan" is adopted, the Steering Committee believes that the City will experience: · Improved City image · Improved coordination of external and internal communications and public information · Improved overall quality of the City's communications products, include the City's website · Improved public relations coordination for City Council Increased numbers of communication products · Increased TV and newspaper coverage · Improved training of City staff in terms of responding to the press · Increased quality and consistency of promotional materials produced in all city departments · Improved communications between departments · Improved, user-friendly citywide and departmental forms · Improved coordination and presentation of special events · Increased availability of information to residents, businesses and employees The Steering Committee is proud to announce that a number of recommendations have already been implemented as a result of work done by the Office of Organization Development and Training. Over the past six months the employee newsletter Cit~ News has increased to an eight page monthly with greatly expanded news. In January, the newsletter was redesigned for greater readability and ease of use. In addition, the City Intranet has been established and is accessible by City employees thanks to the assistance of the MIS Department. A coordinating committee has been established and is actively working on expanding the content available on this important resource. Page 9, Item __ Meeting Date 03/27/01. FISCAL IMPACT Listed below, in the order in which they are mentioned in this report, are the various staff recommendations that have costs, along with offsetting revenue, where appropriate. Oversee the redesign o£the City's website by an outside consultant Staff estimates that it will cost approximately $100,000 for consultant services to completely redesign the website. The consultant will work with the Communications Office staff and the citywide communications committee on the overall design, look, format, and content of the website to ensure ease of use and interactivity. A Request for Proposals (RFP) will be issued and staff expects to have Council award the contract before July 1. Create a Communications Office that is responsible for external communications and special event coordination Based upon the consultant's findings and the proposed tasks and duties outlined for the Communications Office in this report, it is recommending that one Communications Specialist and 0.$0 Webmaster~ be added to the existing Public Information office staff o£one Public Information Officer, and one FTE Clerical support position. The C-Step salary for the proposed Communications Specialist would be $47,767, which is equivalent to an Administrative Analyst II; with benefits, the position would cost $58,494. This salary recommendation is based upon a salary survey conducted by the APR (Accredited in Public Relations) group. Thirty percent of the salary, with full cost recovery o£ 1.628, could be reimbursed by Redevelopment funds, based on the positive impacts to redevelopment through special event coordination, assistance with review and development of City department brochures and publications, preparation of Spotlight articles, and preparation of press releases. Another 10 percent of the salary cost with full cost recovery could be recovered in the future via inclusion in the City's overhead rate for full cost recovery, similar to what is recovered for the Public Information Officer. Staff recommends that another 10 percent be recovered in the future as well, via increasing the City's overhead rate for the development-funded departments, due to this position's duties of organizing neighborhood town hall meetings, and the other duties mentioned in this report. The C-Step salary for the proposed .5 Webmaster would be $24,914, which is equivalent to a GIS Specialist; with benefits, the position would cost $30,385. Thirty percent of the salary, with full cost recovery of 1.628, could be reimbursed by Redevelopment funds, based on the positive impacts to redevelopment through improvements to the City's 2 In the future, it may prove feasible and/or appropriate to raise the Webmaster's position fi.om 0.50 to 1.0 FTE. Page 10, Item __ Meeting Date 03/27/01 website which has a significant Community Development component and helps improve the City's image. Another 10 percent of the salary cost with full cost recovery could be recovered in the future via inclusion in the City's overhead rate for full cost recovery? Staff recommends that another 20 percent be recovered in the future as well, via increasing the overhead in the development-funded departments, due to this position's duties of making improvements to the development departments' web pages, especially with interactive features, and the other duties mentioned above and previously. The C Step for the proposed Administrative Office Assistant II would be $29,126; with benefits, the position would cost $37,920. Ten percent of the salaD' cost with full cost recovery could be recovered in the future via inclusion in the City's overhead rate for full cost recovery. Staff recommends that another 10 percent be recovered in the future as well, via increasing the City's overhead rate for the development-funded departments, due to this position's duties of providing assistance to the other Communications Office staff that is related to development. The cost for furniture and equipment for both positions would be approximately $32,250 ($8,000 for the Communications Specialist, $11,000 for the Webmaster, $7,250 for the Administrative Office Assistant II, and $6,000 for a fax machine and color printer), which is 100% chargeable to the Public Facilities Development Impact Fee (PFDIF). In addition, there would be additional ongoing costs for miscellaneous expenses, such as telephone charges, office supplies, printing, postage, and training, estimated at $3,000. Although the Public Information Officer (PLO) is an existing position, staff recommends increasing the amount of revenue recovered from 16 percent of Redevelopment funds and 10 percent from the City's overhead to 30 percent of Redevelopment funds now, and 20 percent from the overhead in the future, resulting in a revenue increase of $16,400 now and $11,700 in the future, respectively. The PIO will be more involved in pitching the City to the media, increasing the number of editorial board meetings, to improve the City's image in the region, which has increased positive impacts on redevelopment and new development opportunities. Publish the Spotlight with increased frequency The Spotlight newsletter is currently produced and mailed quarterly, at a cost of approximately $12,000 per issue for design, production, printing and postage3. Two additional issues would thus cost around $24,000, assuming that the 35,000 copies could still be mailed with the Pacific Waste bill. However, if Pacific Waste is unable to accommodate this request, then the additional funds would be sufficient for the City to produce and mail directly one, not two, additional Spotlights. Approximately 80 percent of the additional cost would be reimbursed from the present funding sources of Sewer funds, Transit funds, and Redevelopment funds. s While approximately 35,000 copies of Spotlight are mailed at no cost in the Pacific Waste bills to single- family homes, another 35,000 are mailed directly to residents of apartments, mobile home parks and businesses. Page 11, Item __ Meeting Date 03/27/01 A summary of the costs appears in the chart below. SUMMARY Cost Item FY 00/01 FY 01/02 Net General Cost Cost Fund Impact Web Design Consultant $100,000 $ 0 $ 0 Communications $ 0 $ 58,494 $ 35,165 Specialist .5 Web Master $ 0 $ 30,385 $18,217 Admin Office Asst II $ 0 $ 37,920 $ 37,920 Equipment/Furniture $ 32,250 $ 0 $ 0 Miscellaneous Items $ 0 $ 3,000 $ 3,000 -' Public Information Officer $ 0 $ 0 $ 0 Spotlight (two more issues) $ 0 $ 24,000 $ 4,800 Reduction in supplies and $ 0 ($25,000) ** ($25,000) Services in Administration- Transferred to salaries TOTAL $132~250' $128~799 $ 74~102'** *The entire cost is one-time only, with $100,000 funded by the General Fund, and $32,250 funded by the PFDIF. ** Twenty-five thousand dollars ($25,000) is being transferred within Administration, from the Office of Budget and Analysis' professional services account, due to having a full-time Administrative Technician. This reduction in funds will be used to fund some of the new salary costs of the Communications Office of Administration. ***The net General Fund impact for FY 2002-03 could be reduced even further asstuning adoption of new citywide overhead rate and FCR factors by Council to include the overhead for these new positions. SA'E CO UNIC ATIONS City of Chula Vista - Internal and External Communications Study August 31, 2000 Introduction The City of Chula Vista should be congratulated for undertaking this process of reviewing its public education effectiveness. The goal of this review is to analyze existing communications materials and programs, assess the perception of the community's information efforts among residents and business operators, identify opportunities to increase the effectiveness of communications tools, and develop specific action steps that will enhance the city's communications success. The purpose of this effort is to use communications research to better utilize the resources which have alreadv been developed. Note that this plan does not call for impossibly broad recommendations such as "develop an advertising and marketing campaign focusing on Chula Vista's image", nor does it suggest the development of a lengthy and costly list of tools and programs to convince people about Chula Vista's atti'ibutes. There are many resources - both formal and informal - already committed to informing key targets about Chula Vista. Instead, this plan provides specific recommendations that, when taken incrementally, will begin to foster a clearer picture of Chula Vista for both internal and external audiences. Also note that there is a strong emphasis in this report on internal audiences, for without the support of an informed employee population, effective communications and public service is severely hampered. Thus, there are three primary audiences addressed by this report: residents, business operators, and city employees. Visitors may be considered a secondary audience for purposes of this study, since specific research methods were not targeted at visitors, and it is our belief that programs directed at the three primary audiences should be implemented first. California cities have become successful at meeting goals when residents and business operators are well-informed and have an opportunity to participate in the local government decision-making process. As residents feel less and less able to influence federal and state government decisions, they are turning to the level that is not only accessible, but responsive to their needs: their city. Communications Review Page 1 A difficulty faced by many cities is that they tend to "be too busy doing to tell people about it" - and this phenomenon is clearly present in Chula Vista. l~nis is the case when it comes to planning formal communications programs about the city's ongoing services, programs and benefits, as well as embarking on specialized commtmications activities such as economic development marketing and coordinating special events or publications. Further, simply informing residents and business leaders is not enough: city officials must also be able to "listen" to those constituents and make sure two-way communications is an ongoing process. An overall observation is that if anything, Chula Vista's public information program is suffering from its own success: more departnrents are requesting services than can be accommodated by the present staff, creating anxiety and dissatisfaction. In the area of media relations, cities, as with any entity, will never be in a position to dictate what the news media says about them. However, cities can be sensitive to the needs of the media and can h'ain employees and develop policies which ensure the organization is doing all it can to help the media understand the city's policies, services, and actions. Cities should also realize that the media is only one of scores of methods to communicate with residents, as noted later in this report. Chula Vista, by virtue of having no daily media outlets focused exclusively on it, has done an exceptional job of generating more than its share of coverage in regional outlets. However, more substantive coverage in a wider array of outlets is possible, and will be discussed. Communications in the new millmmium is also much more complex. People are overloaded with information and therefore are much less likely to read in-depth articles or materials about their city; they are more likely to be informed by visual images, such as web pages, video programming, charts, and graphics. The messages of government can effectively be told by using modern communications techniques, and cities will need to use these if they are to be successftd in telling their story. A good example is the level of detail and visual presentation in the "Spotlight," which is well received in nearly all quarters. The principles of communications - a two-way process of communicating and listening - have been viewed as major elements of business and are increasingly becoming not only a secondary function of government, but an integral part. As Thomas Jefferson wrote, "If we think society not enlightened enough to exercise their control over government with a wholesome discretion, the remedy is not to take it away from them, but to h~form them." Report Organization This study/plan includes nine segments: an outline of the research methodology; a summary of all recommendations made later in the report; a review/analysis of the city's existing publications and electronic communications tools; a look at public customer service and visitor issues; special events coordination and responsibilities; Communications Review Page 2 media relations; internal communications; public information office staffing options; and appendices consisting primarily of the research tools used to formulate this report. Following each issue identified in this report are specific action recommendations that comprise a strategic plan; some of these recommendations may require additional resources for implementation. The end result will be a community that better informs its residents and business operators, more clearly hears about issues affecting those who use city services, more efficiently utilizes communications resources, and more professionally projects its image. Methodology SAE Communications utilized a variety of methods to determine current perceptions about city internal and external communications activities and processes. Key elements included: · ttolding a series o£meetings with city management andpublic in£ormat~on staff Holding a series of meetings with the Communications Study Steeting Committee Holding a series of one-on-one meetings with the Mayor anti C)'t}, Councilmembers Ho]dill~ a series of one-on-one meetings [~qth ciO, management staf~ department heads, at~d other key cit)' staff with ptd~lic information and/or public contact responsibtTities HoJdJn~ a se~fes of one-on-one meetings with kql~ communi(v leadet~ from outside the ci(V ot~aliizatJol~ Auditit~g existing h~ter~a] a~d external communications tools submiRed by departmental staffs Conducting a telephone l'alidom sample survey nf~eadZ 4~ Chula Vista residents · Condactfi~g a comprehensive written sm-ve~, of all dry employees Conchlcling thl'ee fact,s ~ot~ps of busi~ess oporaan's Communications Review Page 3 Summary of Recommendations Formalize a Citj,wide Communications Committee £stablisb £xpert Resotn'ce for Publications Advice/Review User-test Cit2' Clerk, Finance, Human Resources, Public Works Materiat~ for Functkn~ality h~crease Publication Frequency of The Spotlight De~lof CitFwide Polic2' on Production of Communications Materiab in ~condary Lan~ages Tie "Catch tl~e ~pirit' H~eme h~to Cio'wide Communica~ons MaterJa& User-test Community Deve[ol~ment Business Attraction/Retention Materials UnJfZ Graph& Presentation of Librar)~ Naa~re Cente~; OD/Trainb~ and R~z'eatJon Materials hwrease Varie~v of lntema]]?Produced Fh'e and Police Materials Developed S?ecifical? for Cbula Vista Contil~ue/EnJ~ance em?]qvee news]etter Develop a Graphic Desi~ Stzle Manual Formalize/Centralize Gt~phic Oesi~ Resl~ons~ilities Seek Communications Parh~erslff?s Tbroughout the Community Evaluate Live Meetin~ Broadcasts/Pro~rammin~ ~hedu]e Over Next 18 to 24 Months Re,dew ~quccessful Websites from Otl~er Cities as Models Oramatica]? Enhance ~eb Presence lnstitt~te an lntranet Conduct Customer ~rvice/Customer Care Trainin~ for Front-line Emfllo~ees Publish Citz Reference Guides for Front-line EmploFees and Citizens Retain a Si~age Professional to Assess Deficiencies and Propose Improvements Consolidate Spwial Event Planning and Coordination in the Public Information O[fice Communications Review Page 4 · Extmnd Proactive Media ?itching ?rogram · l~old Editorial Board Meetings ~evelot~ l~ritten Media Polk? Hoht Media Relations TrMning · KgtM~lish Cenga/Press Release Coordination Dnplement Re. dar E-mai/&Je/ings &'om Ci~v Manager~ Office to City.4de WoFkfoFce hn[~lement Regular ~eries of Briefings [~v Ci~v Manager and Department Heads for Ail Citt' Emplqt,ees · ~>tab/ish &~fficienl S~affin5 Levels Within tl~e &tblic Information Office · Utilize &e Cilywide Communications Committee Publications/Electronic Communications Tools Printed Materials SAE Communications reviewed a selection of exishng publications produced by various Chula Vista City departments, including those directed mainly at the public and those which are internal in nature. These publications were provided by city contacts and by interviewees as representative of the types of materials currently being distributed in response to requests for information or as part of targeted marketing campaigns. Generally, there is a high production quality to many of the reviewed publications, but to someone not familiar with the community, there appears to be no coordinated effort to establish or maintain a consistent style or tbeme. Rather tban this being the result of lack of attention or "turf" issues, the lack of consistency is most likely the result of Chula Vista's explosive growtb and the lack of human resource "horsepower" in public information office staffing. There is no apparent coordination of design, size, typography, paper stock, or writing style; the range of printed materials produced by the city departments includes full four color to photocopy. The result is that residents receive different messages from the city from these different levels and types of publications. This by no means should be interpreted that the publications are not serving their intended purpose of informing their targeted audiences; rather, it is a symptom of an organization which to date has not developed a coordinated public information and marketing function. While the answer is not for all publications to look identical, some level of consistency allows tbe reader, whether it is a resident, a developer, or a prospective business Communications Review Page 5 operator, to see all publications together and gain a positive impression about the overall organization, and therefore each department. An important observation in the review of printed materials is the need for standardization on one general approach and "feel" to all city-produced publications. Even though a particular document is produced in a first-class manner, the lack of adherence to a common design philosophy detracts from its role in creating a unified co~mnunity image. As an example, the Con-anunity Development Department business recruitment brochure is a slickly-produced, well-designed publication. But ff one was to block out all reference to Chula Vista on its cover and on inside graphics, it could be the product of just about any similar community in the country - talk to any corporate real estate site selector, and they will corffirm that the photo of the golfer is ubiquitous in economic development materials. This is by no means an indictment of the publication - it merely illustrates the need to examine al]city-produced documents as part of a specific graphical image. Fortunately, the lack of graphical cohesiveness is easy to solve through a coordinated graphic design program and use of a style manual, noted below. Department/Division Comments/Recommendations City Attorney- No documents submitted. City Clerk- The items submitted generally included handbooks and directories. These documents could benefit greatly from graphic redesign to increase their functionality; additionally, they should be user-tested to determine if their scope is adequate for the iifformation required by readers. For example, city staff should informally interview current commissioners and board members about their personal experience with the Boards and Commissions handbook, focusing on its usefulness, completeness, and success in preparing board members for municipal service. City Manager's Office- The Spotlight is an extremely impressive publication, and the resident survey research shows that residents not only find the newsletter useful, but would find it even more useful if it was sent more often. The city may wish to consider increasing the publication's frequency to semi-monthly or monthly to keep residents and business operators current on city issues. The "Top Ten" brochure also is attractively produced, but the "Catch the Spirit" theme does not graphically tie into the materials developed by Community Development; this could be easily modified to achieve consistency. No materials submitted were produced in Spanish; this should be addressed to reflect Chula Vista's population demographics. Community Development- The items submitted covered a variety of applications, from business development materials to directories and applications. Many of the business recruitment items reflect very high production values. Significantly, SAE Communications was not aware of the "Catch the Spirit" theme until reviewing these materials; this theme does not appear elsewhere in city documents, even though it is certainly appropriate for a variety of additional applications. The Chula Vista Reference Guide is an outstanding document, and one that would lend itself to a variety of online Communications Review Page 6 uses as well. It is highly recommended that the city do some informal questioning and user-testing of the full-color business recruitment materials, including the video production, to determine their level of usefulness; it has been SAE Communications' experience that similar materials developed by other cities have not consistently succeeded in reaching their desired audience. Finance- The items submitted consisted generally of forms and applications. These documents should be "customer tested" with a group of users to deterrnh~e if they were easily understood and to solicit feedback. One example of making a document more user-friendly would be to explain why the city has certain guidelh~es for garage sales on the Garage Sale License, and to include suggestions for a successful garage sale that falls within city regulations. Fire- The items submitted consisted primarily of forms and a few photocopied bulletins. Through the interview process, SAE Communications determined that sufficient workload resources do not exist to produce any public information documents; those that are distributed are generally acquired through County, State, and other sources. Given Chula Vista's size, this is a serious deficiency and should be addressed as quickly as possible for a variety of reasons, including education of residents about tax dollar spending and specific localized services. Human Resources- The items submitted consisted primarily of forms, applications, benefit explanations, and job announcements. The senior-level job announcements are of a very high quality, better than those of many other cities. Several of the other documents, including the claims forms and benefits explanations, should be user-tested to determine their ease of understanding and success in answering commonly-asked questions. The benefits newsletter is very copy-heavy, exhibiting little graphic design and use of only one side of the paper; this could be easily corrected, offering an opportunity for a more informative publication. Library- The items submitted cover a wealth of topics, with some, such as the "Collections" newsletter and the "Ultimate Source" and "Discover" brochures exhibiting high production values. There is virtually no consistency among publications - they utilize different typestyles, paper types, formats, etc., which leads to a lack of cohesiveness and an inability to achieve a common "look and feel". Similar to the Recreation Division, the Library publications would benefit tremendously from a style manual and graphic overhaul. MIS- No documents submitted; see website comments elsewhere in this report. Nature Center- The "Bayfront By-Line" is a well-produced newsletter that is extremely copy-heavy. Suggestions to increase readability would include redesign by a graphic designer to increase "white space". The other Nature Center flyers should be redesigned in a consistent format to establish a common identity. OD/Training- The City News received virtually universal plaudits as an effective new method to distribute internal information; based on feedback received from the employee survey, this should be supplemented with online/websife access (Intranet). Communications Review Page 7 The publication contains a large amount if useful information and a graphic redesign would serve to further increase its readability. Planning and Building- Generally, just public hearing notices were submitted; it is commendable that they are produced in both English and Spanish. Note that it is preferable to send these notices along with a "plain English" letter of introduction so that recipients are clear about the proposed project, and that the notices be sent beyond the legally-required geographic boundaries to all who may be affected by the project. Police - The items submitted consisted primarily of brochures adapted from the State Office of Criminal Justice Plam~ing, with local contact information added. The Citizens' Police Academy brochure exhibits a high production value, and should be considered at the appropriate time for redesign to maintain consistency with other city publications. Public Works - The items submitted consisted generally of forms and applications. There appears to be a significant amount of jargon on the forms, some of which may be unavoidable. The city may wish to follow-up with a selected sampling of those using the forms to determine if they were easily understandable, and to solicit feedback for improvement. Additionally, the forms should be standardized with a typeface/size that is more easily legible. Recreation - The items submitted consisted of a variety of brochures, flyers, and forms which exhibited a high level of activity and enthusiasm on the part of staff. Although many of the brochures featured a fairly consistent style, others did not. The Recreation Division - along with the Library - is a very visible example of the need to establish citywide graphic design standards to maintain an easily-recognizable common identity. The recreation schedule contains a wealth of information, and given its wide distribution, could be viewed as a potential revenue source through the sale of small advertisements or sponsorships, as many other cities have done. This additional revenue could be used in a variety of ways, including some of the graphic design enhancements identified in this report. Additional Recommended Actions: Formalize a Citywide Communications Committee - With an overall charge of coordination of communications, public information, and marketing efforts among city departments, this group would work toward the adoption of one generally accepted look for city-sponsored marketing and communications pieces. Rather than being comprised primarily of department heads, such as the Communications Study Steering Committee, the committee should ideally include departmental representatives who actually have day-to-day experience with the creation of internal and external documents. The group's charge would include regular review of communications needs, coordination of effort, and recommendations of future communications activities. It is unrealistic to expect outside community organizations to adhere to a city style manual, but conmfitment to include an agreed-upon logo or marketing slogan, even in a small format, on all appropriate materials will begin to establish a thematic continuity in marketing publications distributed to a variety of internal and external audiences. This Communications Review Page 8 would not require the expensive logo-development or theme-line development processes - these already exist in multiple forms, and the committee should charge itself with eliminating duplicate images and messages. See the attached appendix on the City of Santa Monica's Public Information Team for an example of how such a committee can be developed and marketed to employees. Establish Expert Resource for Publications Advice/Review - A single individual within the public information office with knowledge about graphic design and printing procedures, and who has a citywide perspective and understands the communications process, should be a "consultant" for any city staff member who feels they need to produce a publication or online document. This individual could also be of service to members of the Citywide Communications Committee in their efforts to establish a common image, and could also serve as a resource to non-committee members whose organizations market Chula Vista in one form or another. A brief discussion should occur regarding who is the targeted audience, how the communications tool will be distributed, what is the budget, how "slick" should it be, how the writing will be done, etc. In addition, this individual should review all printed material distributed by the city to ensure that the language is free of bureaucratic terms, grammar and punctuation are correct, that the content is consistent with city policies, that the writing is clear and promotes the best message, etc. There are likely to be exceptions to this general guideline, including the numerous flyers and targeted materials of the Community Development Department and Library/Parks and Recreation, along with standard form letters regarding ongoing city programs or regulations. Business correspondence may be another exception, but it too should be reviewed to ensure that it does not contain confusing bureaucratic jargon, and that attached forms are clear, consistent, and easy to understand by the general public. Develop a Style Manual - A manual should be developed which includes samples of all types of printed and online material produced by the city showing the proper format and style (i.e., memos, letters, staff reports, flyers, web pages, brochures, etc.); the procedure to get materials produced, either in-house or outside; how and when to use a skilled graphic design resource; proper use of the city logo; quality of printing/photocopying; design templates for publications; and/or tag lines (such as "Catch the Spirit"); etc. Formal training in the use of the style manual should be provided to all pertinent employees immediately upon its release and distribution; this could be combined with an inexpensive giveaway of some type that continually reminds employees of the manual. Copies of the ~nanual should also be made available to members of the Citywide Communications Committee so they can incorporate appropriate images in their publications as necessary. Formalize Graphic Design Responsibilities - To meet the extensive graphic design needs of the city, either an in-house dedicated part-time position which services all city departments through the public information office should be established, along with Communications Review Page 9 retention of an outside graphic design firm to assist with workload relief and to consult on specialized projects. Similar type fonts, paper styles, logos, and other design elements should appear on city publications, but this does not mean that all publications must or will look identical. Residents receiving various printed materials from the city will note a professional appearance that says the "City of Chula Vista", an important element to eliminate confusion. Regardless of how the design needs are met, a single individual should have responsibility to sign off on most printed materials. Again, there will be exceptions and those should be worked out on a case-by-case basis. Special note on economic development materials - these significantly impact the way the business community views the city, and every effort should be taken to have these materials professionally written or edited and to use professional graphic design. As an example, even though the materials produced by the Community Development Department are of first-class quality, many of the ancillary publications included in informational packets have no stylistic relationship to the department's pieces. Both the style manual and the graphic coordinator can address this lack of coordination. While no publication alone will attract a business to Chula Vista, a well thought-out kit, along with easy web access, makes information retrieval easier for those requesting data. Seek Communications Partnerships - A further charge of the Citywide Communications Committee may be tbe identification of partnerships which can both establish graphic continuity and save resources. Several of the individuals interviewed for this project indicated a willingness and enthusiasm for including city news in their existing printed materials or websites. For example, an update on current city projects could be included on Sharp Hospital's website with a link to the city's homepage. Regular meetings of the conm~ittee will expose tbese possibilities and will provide a venue for establishing partnerships throughout the community. Cable Television Virtually no interviewee or focus group participant recalled any instance when the city's cable television access chmmel was used to convey information, promote an event, offer public safety, tips, or encourage participation in local government. Some perceptions about cable television's history still exist, such as the expectation that viewers automatically skip over local access channels. However, cities such as Lakewood and Thousand Oaks which have actively programmed their channels (and who air city council, planning commission, and school board meetings) have found through scientific surveys that a large percentage of local residents do indeed get information about the city from cable television. There is not nmch incentive for a viewer to stop on a minimally programmed cham~el, but if that same viewer is presented with a reasonably well-produced program about an issue of significance, or with a live (or taped if necessary) broadcast of local government meetings, there is a good chance that the viewer will be compelled to stop and watch. Even though the feedback from citizens via our telephone poll indicated that this communications vehicle is unlikely to be in the top tier of effective tools to reach citizens, it is quite possible that enhance Communications Review Page 10 programming will lead to increased viewership of City Council and other meetings, and eventually to more inclusive city government Reconm~ended Action: Evaluate Live Meeting Broadcasts/Programming Schedule Over Next 18 to 24 Months - In that citizens don't seem to be clamoring for more cable channels and competition with cable ~vould be fierce, we recommend the city continue to evaluate the potential of airing original city programming over the next one to two years. We feel this is a good second-tier communications vehicle to be embarked upon after other tools noted in this report are fully realized. Online/Website Presence Although the city has taken preliminary steps to establishing a useful web presence, certainly more can be done as technology and resources allow. A strong indication of the importance of a viable website is the fact that certain city departments have independently developed their own online resources, using Sou thwestern College and other resources. While these departments have had some level of success using this method, the result is an overall city website that is inconsistent from one area to another, and a tremendous lack of site development in most other departments. The Community Development Department has made great progress in independently developing their website, and the variety of materials and information available on their pages could be used as a startiog point for other departments. Website development is beyond the scope of this plan, but one example of how high quality internet access can improve a city's perception among both residents and business operators lies in the Smart Permit program, in which ten northern California cities have cut the wait for city permits from weeks to minutes through a website. When the project is fully operational, users will be able to access city forms over the lnternet and use the same application in any number of cities. Interestingly, the idea for Smart Permit came about when the Bay Area started to lose business to the emerging global marketplace in the early part of this decade. All of a sudden, cities realized the importance of banding together to meet the competition and to revolutionize the application and permitting process. Much progress could be made in enhancing the usability and effectiveness of the city's website. Information targeted to specific community users would significantly increase the productivity of all city departments and staff. In that so much of the information that the city provides is repetitive, a web source is an ideal tool to disseminate information. Further, a significant percentage of residents have Internet access at work or at home. The web is an ideal mechanism to allow residents, businesses, visitors, and the media to get their needs met. Communications Review Page 11 Recommended Actions: Review Successful Websites from Other Cities as Models - Perhaps the two best municipal websites in California are those of the cities of Palo Alto and Santa Monica. Each features similar attributes - easy navigation, downloadable forms and applications, quality graphics, consistency between departments, encouragement of two-way communication, and comparatively fast page downloads. When the City of Chula Vista is ready to revamp its website, ttiese two models are excellent resources and/or idea banks for the website developer. Note: website design should be accomplished using sofha, are such as FrontPage, that allows easy updating by city staff. Dramatically Enhance Web Presence - The proposed Citywide Communications Committee, made up of departmental representatives most responsible for service delivery and public interface, is ideally suited to tackle e~hancement of the city's website. These individuals, supported by design, technical, and communications consultants, should develop a site map based on how users of the web site need information. From this site map, a new graphic appearance and infrastructure should be constructed to support the site. lnteractivity should be a key element, as should downloadable forms, input opportul-tities, promotional "events," humor, fun, links to other community organizations and resources, and photos/graphics. This should be one of the city's first communications priorities as it can help alleviate the need for repetitive information processing and distribution. Develop an Intranet As Soon As Possible - Perhaps more than any other internal communication activity, the development of a well thought-out intranet will encourage effective dissemination of information and feedback on important issues. Intranet access was cited repeatedly in the open-ended answers to the employee survey questions, and should be given a high priority as the city's online presence is increased. Customer Care Planning and Permitting Clearly present through the focus groups and several of the cormmunity leader interviews was the ongoing perception of Chula Vista as a less-than-easy place for small and medium size firms to do business. Although great steps have been made in recent years toward streamlining the permitting process, the focus groups revealed that permit problems have occurred very recently, and that unless a business operator is very large (and hand-held through the process) or knows someone on the City Council or on city staff, the process is confusing and intimidating. There is a perception that plmming and Communications Review Page 12 permitting staff is not knowledgeable about, or motivated by, the needs of business operators to move quickly as projects continue through the process. 3~here is also a perception that front-line employees (not just those involved in permitting) are not informed about city issues and are not able to steer people the right direction when they are asked a question; further, there are perceptions that callers to city hall are often left to deal with the voice mail maze when transferred from one department to another. A very clear illustration of the ongoing nature of the problem was presented when focus group participants were asked if they could confidently and truthfully recommend Chula Vista to someone they cared about as a good place for a business to relocate or expand. Very few participants gave a positive answer - and many of the participants were self-described Chula Vista boosters or those who had already figured out how to work througb the local government permitting process. Recommended Actions: Conduct Customer Service/Customer Care Training for Front-line Employees - As the private sector competes with public employees to perform government tasks and the perception of government diminishes, an improved customer service attitude is required to accomplish city goals and generate public support for municipal projects. Basic customer service/customer care training for front-line employees can help enhance the experience of residents and business operators when they deal with city staff. Publish City Reference Guides for Front-line Employees and Citizens- Chula Vista's 1,100-strong workforce represents a great opportunity to develop "ambassadors" for the city in a variety of situations. One recommendation would be to provide small (4'x6' or so) cards to each front-line employee, both in City Hall and out on the streets, which list key issues and appropriate city staffers/phone numbers. This card, which costs very little to produce either in-house or at an external copy center, allows any front-line employee to respond to questions in a positive manner, and to truly help someone who may have a question about tree pruning, street sweeping, etc. An additional tool would be the preparation of a Quick Reference Guide, an alphabetical listing of every conceivable topic which could be asked at a public counter or via the telephone. A further tool would be the development of a citizens' guide to city meetings, primarily the City Council and Plmming Commission meetings. This illustrated guide would explain procedures at each public meeting using simple language. City employees reasonably cannot be expected to be an expert on all city issues or services, but these tools can help them become a more integral part of the city staff. These are small steps, but ones which begin to address the issue of each employee being better able to serve the public. Communications Review Page 13 Signage A key area of customer care is signage - both to inform and to establish and maintain a consistent image. Numerous interviews i~rdicated a lack of signage at the civic center complex as a hindrance to conducting municipal business, and a lack of welcoming signage at the key entrances to the city. The civic center signage issues not only should be addressed as soon as possible to make the customer experience more efficient, but several staff interviewees indicated that their workdays were repeatedly interrupted by those seeking directions to a specific department or counter. The city entrance signs have a more intangible, but still important, effect on the commmxity's image as a quality environment. High-quality entrance identification, whether through signs, sculpture, landscaping, or a combination, tells residents, business operators, and visitors that Chula Vista is a proud community that welcomes those who are entering the city. This is particularly important in relation to other communities that have developed high quality entrance statements, since Chula Vista's lack of attention to this area is more apparent when compared to neighboring cities. Recommended Action: Retain a Signage Professional to Assess Deficiencies and Propose Improvements - Numerous signage and graphic design firnrs specialize in this area, and it would be well worth the city's resources to begin a signage improvement program immediately, particularly in light of all the new East Side development and the commensurate increase in those visiting Chula Vista for the first time. Special Events Special events require an enormous amount of staff time, both in planning and implementation. Currently, these events are handled by individual departments with little coordination or creative input by the public information staff, primarily due to the high workload issues. Recommended Action: Consolidate Special Event Planning and Coordination in the Public Information Office - Unified production of special events ensures efficiencies in purchasing supplies, talent, services, etc. Public inlormation staff is best suited to understanding the complexities and subtleties of special events, and a single point of responsibility leads to a consistently high quality "look and feel" for events and helps guarantee that overall city themes and messages are carried through to individual department events. Communications Review Page 14 Media Relations With one weekly newspaper and little coverage from the San Diego-based broadcast organizations and the Union-Tribune, media relations was identified as a major issue of concern for many of those interviewed. As with many business executives, there is a perception within city management that more should appear in the news media about the city, and it should be more positive. In reality, we found that the relationship between the point of contact at the various media outlets was quite positive. In fact, in a one-on-one interview, the former South County bureau chief for the Union-Tribune indicated that the public information staff personally pitched stories (as opposed to just sending out a news release) much more frequently than many other organizations, resulting in a large number of "pick-ups" of story ideas. A fairly high number of "briefs" regarding the routine services offered by the city appear in the weekly and the Union-Tribune. Generally, there is much more opportunity for more substantive and in-depth stories to appear in the regional outlets, as well as the non-traditional outlets which reach a greater audience (see below). Time for pitch preparation and actual pitching and follow-up is a major challenge to taking advantage of this opportunity. In the area of media relations training, some city officials have had extensive experience dealing with the media and are well-versed in the principles of media relations (including deadlines, off-the-record, sound bites, etc.) while others have had limited experience and are less comfortable in this area. This leads to two results: 1) some departments are able to respond to media inquiries in a manner that allows for the overall city or deparhnent message to be told while others are not; and 2) some departments are able to generate media coverage of their issues/events while others do not. Media relations training for those that conre in contact with the media allows for a consistent, coordinated approach to helping the media do their job, which is in turn in the best interest of the city. This could include preparing for the media, interview skills, developing messages, handling crisis and hostility, and achieving good public exposure. Besides word of mouth, the media is likely the method by which most Chula Vista residents get their information about the city; therefore, this is a critical need. In addition, should a natural or man-made disaster sh'ike the city, the way city officials communicate with residents and others, via the media, will dictate the level of confidence and support for the city. This long-range impact is significant and all preparations relative to media relations training should be taken before such an occurrence. This increased awareness of the nredia could also result in increased coverage in that city officials will become more sensitive to newsworthy stories and understand techniques to generate coverage. In the area of press releases and press conferences, a fairly large number of releases are issued, considering the number of outlets. Again, media training would help city Communications Review Page 15 officials know when somethi~g is newsworthy and when to issue a press release versus making a phone call. Recommended Actions: Expand Proactive Media Pitching Program - The city manager, key department heads, and the public information officer should meet regularly with key editors at the Union- Tribune, the Star, and with the senior management at each of the broadcast outlets in San Diego. This relationship lays the foundation for more accurate coverage, increased attention to important public policy matters, a better understanding of the city's role in carrying out policies and an understanding of the truly innovative manner in which Chula Vista is serving the public. When significant issues are before the City Council or are being worked on by city staff, reporters for the Union-Tribune and Star should be briefed, either individually or as a group. Whe~ coverage of these issues appears, the articles should be reviewed for accuracy. Examples of incorrect reporting or a consistently negative tone should be kept and shared with the reporter and/or editor. This process of feedback on reporting is sensitive and city officials should have appropriate expectations about the amount and type of coverage of city issues. There is, however, no excuse for inaccurate coverage and most editors, when presented with documented examples, will rectify the situation. Finally, on a quarterly basis, the public information officer should develop a list of approximately a half-dozen story ideas which further key city messages. These would be proactively pitched to an array of publications, including regional dailies, newsweekly magazines, "city" magazines, regional and national broadcast outlets, economic development magazines, and national business and consumer publications. Hold Editorial Board Meetings - For major city projects and issues, an attempt should be made to inform the editorial writers for both paper about the impact on the city and the reason for the city's direction. A specific editorial could be requested or these sessions could be offered so that, should be paper decide to editorialize, they have accurate information. Develop Written Media Policy - A written media relations policy should be developed and adopted by the city's department heads. It should identify how media calls to staff should be dealt with; who should and should not respond; who to go to for assistance; how inquiries relating to legal and personnel issues should be handled; etc. This will help to avoid possible difficulties and will help maintain consistency between departments. Hold Media Relations Training - Media relations training should be conducted for all front line employees who may receive calls from tbe media, i.e., clerical positions; for all Communications Review Page 16 mid-managers who do or may come in contact with the media; and for all department heads and elected officials. The training for the latter two groups should include what is and isn't newsworthy; on-camera interview techniques; how to control an interview, i.e., get the city's message out; how to develop strategic messages; how to generate media coverage of city issues; disaster media relations; and other tips. This can range from a half-day to three-day seminar and ideally is limited to about 15 to 20 individuals per session. Establish Central Press Release Coordination - As is generally the case presently, all city press releases should be issued by the PIO (with the exception of incident-specific releases from Police and Fire). The PIO should determine if a release is appropriate or not - and her decision to not issue a release must be supported and understood. Media training for mid-managers should help smooth this process. Only a single source within the ci .ty, the PIO, can make a determination about the news value and the potential of one city department competing against another for the same "news hole." Internal Communications The employee survey and one-on-one interviews identified several areas for enhancement of internal communications. Although many instances of inter- departmental and cross-departmental communication are working well, there is room for efficiency and improvement using various methods, primarily electronic. Reconwnended Actions: Implement Regular E-mail Briefings from City Manager's Office to Citywide Workforce - There is a strong desire, as evidenced by the survey and interviews, for regular updates on City Council and other policy decisions. A regular bullet-style briefing from the city manager (written by the public information office) would efficiently address this issue, particularly if it is sent via email or on an intranet, with hard-copy availability for those without online access. Not only would this eliminate much confusion, lack of knowledge, and rumor mill activity, but it would also help employees feel much more a part of the city family. Implement Regular Series of Briefings by City Manager and Department Heads for All City Employees - There is a significant desire to learn more about activities in other departments, and a regular series of briefings with capsule presentations by the city manager and department heads would help alleviate this issue. This should be carried Communications Review Page 17 out so that all employees have an opportunity to hear the briefings, taking into consideration those on shifts, such as police and fire personnel. Implement Intranet (see above) Continue/Enhance Employee Newsletter (see above) Public Information Office Organization/Resources A city of nearly 200,000 population and the visitor base of Chula Vista demands adequate staffing for its public conxrnunications responsibilities. Considering the level of proactive and reactive inedia relations, the level and frequency of publications, the multitude of special events, the number of complex city departments and issues needing public discourse, and the variety of issues debated and acted upon by the city council, greater levels of staff support and/or outside assistance is warranted. As with any ~nanagement function, the city has a strong need for a senior communications strategist/advisor/manager, along with a properly trained and experienced support team to implement the public information function, including graphic design, web support, writing/publication coordination, media relations/pitching, etc. A single staff person assigned to carry out each of these myriad functions/roles cannot succeed: there are simply too many demands placed on the city's public information office. The implementation of a fully-staffed public information office would address this key workload issue. It appears as though minor realignment of existing resources, along with the addition of selected new staff positions, would provide an effective solution. Recommended Actions: Establish Sufficient Staffing Levels Within the Public Information Office - The following positions would comprise the Public hfformation Office. Director o£ Commtmications- Reporting to the city manager, this position would be responsible for overall direction of the city's communications program, including supervision of the public information office members, and act as city spokesperson (in tandem vvith the public information officer). This position should lead the strategic planning effort which would result in a citywide communications plan that would address organizational goals and objectives and comnmnications strategies, audiences, messages, implementation, and evaluation. The director will provide communications Communications Review Page 18 counseling, along with the public information officer, to all city departments. The director will also serve as chair of the Citywide Communications Committee. ~Vot~ Specific training and career development recommendations for the Director of Communications position include participation in the California Association of Public Information Officials (CAPIO), City-County Communications and Marketing Association (3CMA), and Public Relations Society of America (PRSA) San Diego Chapter and National Conference; attendance at the California Specialized Training Institute (CSTI) week-long "Crisis Communications and the Media" training program; and participation in an on-camera media training session. Recommended reference books include Effective Public Relations (Cutlip and Center) and Crisis Communications: A Casebook Approach (Fearn-Banks). ?nblic hTformation Officer- Reporting to the director of communications, this position would be responsible for writing, media relations, and publications, and act as city spokesperson (in tandem with the director of communications). This position would play a key role in the communications planning process, with special emphasis on establishing and maintaining effective relationships with the news media. The public information officer shall hold regular discussions with all city departments, identify potential story ideas, and initiate coverage in targeted media. The position would also be responsible for developing a consistent graphic presentation for all city publications. This would be accomplished in conjunction with the graphic designer and management of a contract graphic design firm. MarketingSpecJalist- Reporting to the director of communications, this position would be responsible for overall marketing of the city to a variety of audiences, including existing businesses, new businesses, and visitors. Specific duties would include managing the review of overall signage requirements, development of marketing materials such as direct mail and brochures, etc., and liaison with the public information officer and graphic designer for overall image coordination. C, ral~hic Designer- Reporting to the public information officer, this position would be responsible for providing graphic design support to all city departments. This would be accomplished through the development of a graphic design style manual for use by all city departments. The position will serve as a gatekeeper to ensure a consistent citywide graphic image. Note: Specialized resources required include Windows or Macintosh computer hardware of sufficient speed and monitor size (21" preferred) to maximize current versions of page design and layout software, such as Quark or Pagemaker. This hardware must also be compatible with the requirements of any contract graphic design firms and printers. Communications Review Page 19 Communications Spec(alist (1/2-time)- Reporting to the director of communications, this position would be responsible for special events planning, coordination, and implementation. The position would also serve as a liaison to special events staff at various community organizations and facilities, such as the Olympic Training Center and Coors Amphitheater. The could be expanded in the future to h~clude cable television programming responsibilities (recommend converting to full-time position if cable television duties included). ldZebsite Coordinator (1~2-time)- Reporting to the director of communications, this position would be responsible for writing, editing, and updating website copy, designing web pages with a high graphic content, and developing appropriate links throughout the site. This position will create and maintain a city calendar, news page, and various other pages that support the ci~"s overall communications goals. The coordinator will outsource and oversee website creation and will consult various audiences and organizations to determine and arrange useful links. The coordinator will be proficient in the use of graphic design software, as well as web authoring software and HTML coding. Cledcal/Technical S~pport -- Adequate staff support will be vital for the "new" Public Information Office team to succeed. While technology and enhanced systems have greatly improved the productivity of the professional staff, secretarial/clerical assistance must be provided so that each team member can work efficiently and effectively. The first step should be to review the existing resources that support each now-independent function which will ultimately make up the Public hfformation Office. This will enable a review to determine if additional support is required or if existing resources can be refocused exclusively in the Office. Utilize the Citywide Conununications Committee - A team consisting of a representative of each city department should be appointed. This "Communications Conm~ittee" should be led by the Public Information Officer and meet at least monthly to coordinate all citywide communications and share information. A regular agenda would call for the sharing of existing conununications activities and a discussion of the projects or programs planned within each deparhnent that could involve public information progran'uming. Strategic support could be provided by a public relations consultant. This group would have the responsibility to help the public information officer prioritize and implement the various recommendations made earlier in this report; ensure that each deparhnent is represented in the employee and resident newsletters; should take advantage of team-building opportunities to ensure it is a cohesive working group; and serve as a brainstorming group for communications activities. Communications Review Page 20 Public Information Position Title/Classification Options Senior Management Communications Coordinator Director of Public Information Community Outreach Coordinator Public Relations Manager Deputy City Manager/Public Affairs Technical, Management/Administration Director of Communications Telecommunications Officer Communications Manager CATV Producer Assistant to the City Manager/Communications Public Information Representative, Senior Director of Marketing and Communications Public Information Representative, Specialist Public Information Technician Middle Management Media Liaison Officer Public Information and Graphics Coordinator Production Assistant Public Information Officer Media Production Specialist Public Information Audio-Visual Specialist Coordinator Education Specialist Public Affairs Officer Graphic Designer/Illustrator Community Information Coordinator Media Specialist Community Relations Officer Public Advisor Community Relations Technical Writer - Entry Level Specialist Con'trnunications Intern Community Relations Marketing Specialist Assistant Marketing and Online/Website Specialist Communications Officer Cormnunity Outreach Specialist Marketing Coordinator Communications Review Page 21 Funding Sources for Public Information Office · GeneralFund- Draw from the general fund. · Enterprise Funds - Enterprise departments could contribute to establish the office which could serve those deparh~ents and general fund departments. · Percentage Departmental Contributions- Departments could contribute a percentage of their portion of the general fund to establish the office, and the office would serve all departments based on their level of contribution. · Flat Departmental Contributions- Each department could contribute a flat amount and the office would serve all departments equally or based on need. Communications Activities A list of communications activities is included which are commonly included in the job description for public information professionals and have been implemented in other cities. These are activities or responsibilities that could be a part of Chula Vista's formal public ilzformation program. Community Relations Media Relations Dedications/Ground Breaking Respond to Media Inquiries Community Celebrations Initiate Media Calls Parades Emergency Media Relations Liaison With Community Coordinate Media Training Organizations Column in Local Paper Public Hearings Press Conferences Chamber of Commerce Relations Reporter Orientation Regular Briefing of Key Opinion Leaders Include Board/Conmaission Customer Service/Image Members As "Insiders" Respond to Complaints Employee Training Image/Marketing Communications Review Page 22 City Signage Photo Displays Graphic Design City Appearance Terminology Public Relations/Special Projects Council Meeting Explanation Brochure Recycling Campaign Graffiti Abatement Communications Tools Coordination Bond Measures Citizen Newsletter Redevelopment Employee Newsletter Am~exations Brochures EIR Meet'mgs Door Hangers Emergency Preparedness Bill Inserts Strategic Planning Desktop Publishing Crisis Planning Direct Mail General Department Return Cards Campaigns Pocket Budget Explanation Card Legislative Advocacy Property Tax Explanation Brochure/Video Media Relations General City Information Brochure Community Coalitions New Resident Information Brochure Letters to Legislators Website Management Meetings with Legislators Cable/Audio Visual Local Government Education City-produced Cable Shows College/School Relations Cablecast City meetings Slide Shows Employee Training Videos PowerPoint Presentations Promotional Videos Lesson Plans Slide Shows Speakers in Colleges/Schools Radio Programs Communications Review Page 23 Research Protocol Conduct Citizen Surveys Sister City Relations Focus Groups Gift Program Informal Research Recognition Plaques City Council Proclamations Communications Review Page 24 CITY OF CHULA VISTA SURVEY OF EMPLOYEES EXECUTIVE SUMMARY $'A'E C0~J~,~UNICATIONS Prepared by SAE Communications Public Education/Communications Counselors Scott Summerfield Sheri Benninghoven, APR May 2000 INTRODUCTION The research findings presented in this executive summary derive from a survey of employees of the City of Chula Vista that was commissioned by the city and conducted by SAE Communications with tabulations by JD Franz Research, Inc., of Sacramento. Encompassing 565 completed surveys, it was implemented between April 14 and April 21, 2000. The overall purpose of the survey was to assess the city's communications with and between its employees. RESEARCH METHODS The survey instrument that was used in conducting the research was designed by SAE Communications with assistance from JD Franz Research, Inc. The sample for the survey was every part-time and full-time city employee, designed to obtain a representative cross-section of all employees of the city. Data entry for the survey was conducted by an experienced data entry professional under the ongoing oversight of supervisors from SAE Communications. Upon completion of the data entry process, an SAE Communications supervisor checked random surveys for accuracy and completeness. The overall cooperation rate for the survey was approximately 51 percent, based on an employee population of 1,100, which is generally viewed as being exceptional and statistically valid. Survey results were cross-tabulated by each of fifteen departments as well as the citywide workforce as a whole; the findings noted below refer to the citywide workforce. FINDINGS · The largest groups of respondents (71-86 percent, depending on the specific information type) said they usually or sometimes receive information quickly or completely enough to best do their job. In addition, 14-26 percent (depending on the specific information type) said they rarely or never receive timely/complete information. · The largest groups of respondents (33-56 percent, depending on the specific information type) said they prefer to receive information about City Council actions, city goals and programs, employee news and accomplishments, and city special events via newsletter. · The largest groups of respondents (35-50 percent, depending on the specific information type) said they prefer to receive information about personnel changes, employee benefits, career advancement opportunities, and training opportunities via memo. · A significant number of respondents (32 percent) said they also prefer to receive information about training opportunities via e~maiL · A significant number of respondents (80 percent) said they feel the city information they receive is usually or sometimes timely enough for them to take action on important items. · About one-third (31 percent) of respondents said they most often get information about City Council and citywide policy decisions from departmental sources. The next largest group of respondents (24 percent) said they most often get that information from co-workers. Significantly, nearly one out of five respondents (18 percent) said they don't hear about City Council and citywide policy decisions at all. · A significant number of respondents (42 percent) said they think the information flow about City Council and management decisions stopped at the department head/division level. The next largest group of respondents (27 percent) said that information flow was not an issne. · A majority of respondents (58 percent) said they handled resident/business operator inquiries or complaints, indicating a significant number of employees have public contact. · Of those that handled inquiries or complaints, the vast majority (84 percent) said they generally felt they had enough information and departmental support to handle the inquiry or complaint. Of those that handled inquiries or complaints, a vast majority (75 percent) said their department has a process in place to refer the issue to another department if appropriate. · An equal number of respondents (38 percent) rated communication within their department good or average. Significantly, less than one in six respondents (16 percent) said they rated communication as very effective. · A significant number of respondents (70 percent) said they felt communication generally works well or sometimes works well when they are involved in a project that requires communication with other departments. Nearly half (47 percent) of respondents said they felt the Spotlight was somewhat helpful in knowing about municipal programs and services. Also, nearly one in five respondents (18 percent) said they felt the Spotlight was very helpful. Summed together, these responses total almost two-thirds (65 percent) of respondents. · More than half (54 percent) of respondents said they felt the city internal newsletter was somewhat helpful in knowing about city programs and services. Also, nearly one in four (23 percent) respondents said they felt the internal newsletter was very helpful. Summed together, these responses total over three-quarters of respondents (77 percent), a significant representation. · More than half (54 percent) of respondents said they felt department-wide or citywide information sent via e-mail is very helpful or somewhat helpful. Over one- third (36 percent) of respondents said they don't have e-mail access. RESPONDENT DEMOGRAPHICS · The largest number of respondents (41 percent) have worked for the city between 0- 5 years. · The majority of respondents (62 percent) categorize their position as non- supervisory. · The largest number of respondents (44 percent) work at the Civic Center complex. · More than a third of respondents (36 percent) have online computer access at work and at home. 17 percent have access at work only, and 25 percent have access at home only. Significantly, a large majority (78 percent) of respondents have online access at one location or another. LIST' OF QUESTIONS · In the specific areas below, do you receive information quickly or completely enough to best do your job? · Given your usual work site (office, field, etc.), how would you prefer to receive the following types of information? · Generally, do you feel the city information you receive is timely enough for you to take action on items that are important to you? · Where do you most often get information about City Council and citywide policy decisions? · For City Council and management decisions where yon felt information wasn't reaching you, at what level do you think the information flow stopped? · Do you handle resident/business operator inquiries or complaints? · Do yoo generally have enough information and departmental support to handle the inquiry or complaint? · Does your department have a process in place to refer the inquiry or complaint to another department if appropriate? · How would you rate communication within your department? · When you are involved in a project that requires communication with other departments, how well does communication work? · How helpful do you find the city external newsletter "The Spotlight" (formerly Chula Vista (~t~arte~-l?) in knowing about municipal programs and services? · How helpful do you find the city internal employee newsletter "The City News" in knowing about city programs and services? · How helpful do you find department-wide or citywide information sent via e-mail? · What sort of tool, idea, concept, or action do you think would help improve city internal communications? · How long have you worked for the city? · How would you categorize your position? · What department are you in? · Where do you perform most of your work? · What best describes your online/internet computer access? LIST OF OPEN-ENDED RESPONSES · Better organized skills would improve communication. · General smmmary of important agenda items sent to all employees. Also, when a department does something (or anything) they really need to determine other departments, which may be affected or should have input. Too many times important decisions get made without input from important parties. · E-mail · Teach people to really listen and be responsible. · To be more informed about agenda items that council is about to vote on. · Advertise in the city newsletter where source information can be located, where bulletin boards are, websites or network drives that each department can post information. Side note: I appreciate the city's effort in continuing to provide effective communication. · MIS just finished installing Outlook on everyone's machine. Outlook is a great source of communication between employees and departments. Let's try scheduling meetings between department heads and all employees rather than just supervisors. Computer access to calendars given to all and not just at top working the way down. · Post council agenda on Wednesday with action taken on a web page; put the city policy manual on the shared network; establish a complaint/suggestion box. · Employee only access section of the city's website to access information such as benefit information, issues that affect employees, etc. Access via password for employees so this information can be viewed at home too. · As a new employee is hired they should receive an official NCR document from Human Resources indicating date of hire, title, step and range. One copy for the employee and the original for the personnel file. Any step increases should be documented in the same fashion. Also, as temporary expert professional positions transfer or recruit for a permanent position and are hired the same process should be adopted. This clears up any confusion later down the road on title or pay rate. At present when TEPs become permanent there is nothing officially given or kept on RECORD!!! · A rapid response on updates adopted from council to departments-information is crucial to be updated to hand out to public-(Municipal code updates). Expanded newsletter and bulletin board. The concept that communicating is a two-way street. · Placing more information in our in-boxes or in e-mail. Keep sending special event flyers with our paychecks. It helps to inform us of the "fun stuff" that is going on that we normally wouldn't hear about. · It would be helpful if management would hold frequent meetings with all employees, not just department heads and executives. Everything from personnel changes to special events could be discussed. · ! feel our department managers and heads don't feel it necessary to communicate most changes or issues to us. More staff meetings A computer would be very helpful. Posting city employee info on city website and provide access to all users. Eliminates paper shuffling and overuse of paper to employees that aren't interested. More frequent addresses to department groups by city manager, quarterly or twice a year. · Management getting more involved with employees. Internet/e-mail hook up for all first line supervisors. A communication network to where department heads-mid managers can pass on vital info to first line supervisors or that management as a whole can pass on vital information to one another. Bi-weekly or monthly reports or meetings to keep everyone up-to-date. · If it is an important message they should mail it home, attach it to our paychecks. In the manner I received this survey or memos or voice mail. · E-mail access for all employees. · Over communicate. Send EVERY city employee to their home address-involve the U.S. Postal Service-then they are sure to get the info. I receive info AFTER the fact. City manager exit interview of employees who leave the organization to establish why they are leaving especially with employees with seven or more years of service. A city goal/plan news board current in dept. of city. Timely memos; Nextel phones for better dept. communications (all dept. employees not just supervisors). More FYI memos for all city workers. Train supervisors not to be so on the defensive all the time. Spokesperson brings the news to yard maybe every 60 days to day room with everybody attending. Distribute memos; bulletin board; enforce verbal communication throughout head supervisors (most important one). Better communication · Open verbalexpression. · Less top down management; · An lnternet-bulletin board! I have seen communication increase throughout the city and at all levels. Weekly public hearing agendas available "on-line" or sent via e-mail. Major projects update in memo/newsletter format monthly. Conference room schedules readily available to counter staff to direct attendees to appropriate location. Intra-net site, establish management tools to measure work activity and have short daily meetings with staff, starting with line level staff, then to management level. · CVMC-quickly updated and located on the shared directory as well as hard copies. Truth · lntranet; standardizing e-mail to all employees (except blue collar) · City Intranet; open communication from managers-too many secrets · More info about what is going on in the city; have more employee involvement; listen to your employee complaints in their own department · I think if there was a separate mailroom where there were employees that worked only with the mail and the distribution of it, that communication may improve. These employees would pick up the mail from the different departments, separate it and redistribute it. There would be set pick up and drop off times for mail from each department. Clerical, or whoever is responsible from each department would not have to do this task. These mailroom employees could also be responsible for other information distribution, i.e., newsletters, e-mail, flyers, etc. · Action-give at least a monthly report on important projects, policy actions etc. that are underway. The medium is not as important as getting the message out! · Some private agencies provide a home page or website for their employees. This site allows access to: · Benefits-selection of benefits can be done by computer · Personnel issues or information · The agency in general · Upcoming events · Policies, rules, regulation · Access from work or home has been accomplished. · Better communication period, with set guidelines such as citywide information is sent via e-mail, a bulletin board set-up for city council actions. Communication is so bad in my department that I didn't know there was citywide "official" dress down last summer until a week before it was to end. · More e-mail communications; Intranet communication; more employee workshops at council chambers; increase content in "The Spotlight". · An online bulletin board on the network. · Designate someone to be the city communications person. · Regardless of what tool, idea, concept or action I offer to improve city internal communications, it won't be done. There is a point in the organization where everything is politically motivated and clear, direct communication is not an option, nor is it important. The issue then becomes doing what you're told to do and making it sound acceptable to the powers that be. · If a decision is made concerning your job a memo should be sent and not depend on the idea filtering back to you. · I am not aware that any citywide info is sent via e-mail; set up a citywide Intranet website where employees could easily access citywide agenda actions and events. · E-mail for all employees who have computers. This would reduce the amount of paper going back and forth, copying and mailing. Have online information as far as who provides what service within the organization (city), to minimize the amount of times callers are transferred. For example, what's the name and extension number of the person who handles business licenses; or who provides flood zone info, building permits, tree trimming, miscellaneous fees, etc. I feel that I am at the bottom of the "food chain" in my department. Information seems to always get lost somewhere between management and my supervisor. I think everyone should be accountable for passing along information. In the year 2000 e-mail seems to be a visible conduit for passing information down through the ranks. Our department has a new computer that has yet to be turned on. E-mail for all and voice mail for all. · More use of city e-mail; listing people on city Intranet by last name instead of first name; department meetings (with department heads) at least quarterly; Internet access at work site · More effective use of city wide e-mail · A spokesperson should speak on city's behalf once a month or often if so. Bulletin board information, memo, newsletter. Every workstation at the Police Department have a computer w/Internet/e-mail access. Include extra computers for use by non-workstation employee staff. Direct memos when applicable to my field. I'm new in the city's employment and it seems that what's in place is probably doing the job fairly well. As I become ~nore familiar with the city's aims, I plan to participate. · Internal: Have an official channel other than CVEA to communicate labor/benefits info to non-CVEA member employees represented by CVEA. Require more performance evaluations. Make e-mail more widely available to staff and have a follow-up mechanism to check if staff are actually receiving e-mail. External: Replace the library's automated attendant public phone answering system or upgrade to one that effectively queues and holds callers. Solicit input from all library divisions for flyers, etc. scanned onto library web page. Get clearer listings of city departments and services in government section of Pacific Bell phone book. Publish a general city services directory, abbreviated from internal city staff directory. · Departmental "hot" list of ongoing projects (status). · hnprovement would entail taking off the "blinders" and seeing how a department is perceived, functioning and the type of employees it fosters. Rewarding politically incorrect actions/intent and ignoring the violation is wrong. Also, the aspect of employees not performing their duties during work hours instead of conducting a "work social life" and again turning a 'blind eye" to this behavior. For everyone to bulletin or web page and check it out at the same time each day. · Use e-mail more. Assign point person in each department/division to forward "policy actions/goals" information to staff. ~ Department newsletter would be helpful but is time consuming. · Perhaps a bulletin board on Outlook with categories of iiffo and more detailed info available or where to acquire it. Have these tools, ideas, concepts directed to one central location and the info dispensed from that point. Consistency with the manner in which communication occurs (the answer may possibly be found in question #2 of this survey), would assist in internal communication. City listserv I believe long term benefits in terms of communications/coordination would result through the following: 1) presentations from management and line staff to all employees of departments they work with on important projects and procedures. This would be particularly good to do with staff who work in the field (i.e., public works maintenance) whom the public may ask questions and who sometimes don't feel the relation to these major projects. I did this in a previous job. · Allow staff to evaluate management with regard to communication effectiveness. Some managers are using communication and lack of communication almost as a weapon. I cannot perform my job well if ! am being cut out of the information flow in my department. I may leave the city over this issue. Hope someone out there will hear this call for help. Thanks. Accountability is needed. With some departments I never receive a response without making 2+ requests. It's rude, not to mention frustrating and time consuming. · Make sure all job flyers are posted where everyone can see them and enough copies so that people interested can take them. They should be posted in every department. Some should be in control of making sure they are posted. lntranet site to get information on a variety of topics. Put everyone on our e-mail. Let it be known that we can do that. · Ht~man Resources must recognize work schedules of "all" city employees. 24-hour shift employees, of the Fire department, are sometimes noticed of benefits/activities/training during a M-F workweek, only to return on Saturday/Sunday and find out about missed opportunities. Materials, when first known, should be distributed to the Fire department ASAP. The Fire department prints training schedules 30-35 days in advance. When programs conflicting with this schedule sometime coming out weeks later. The information is available for HR, they must read it. · Phone line recording available 24 hours from off-site locations updated every week to inform city employees of events, activities and city goals. · Demote or not promote people that are not good communications (supervisors). · Internet · Manager direct department heads to pass on information to their staff to pass on to others. · Mass e-mail; bi-weekly newsletter · E-mail for immediate vital news (don't overuse it); newsletter for employee benefits info., training, retirements; newsletter supplement for late breaking news, deadlines, reminders for health benefits fairs, blood drives, etc. · E-mail access for all employees including hourly, part-time permanent and temporary. · Memo summarizing council action after each City Council meeting. · The primary communication problem that I see is inter-departmental. There is NOT good communication among HR, purchasing, finance and our department (library), especially regarding procedures. · Written policies and procedures; better training; attitude and employee harassment training for supervisors and managers; better training on how city's computer network works; e-mail training and set-up; ability to automatically forward e-mail to cell phone; portable computers w/fax capability through cell phone; portable printers to work with portable computers; some sort of universally accepted message and schedule system; cell phone E-mail via Nextel phones; e-mail from computer to a Nextel phone; laptop computers for fieldwork. Continue a weekly staff meeting (section staff) with a written agenda on actions acted upon during the week distributed to each staff (if applicable). · Offer Internet access to employees. Encourage the employees to use e-mail more often. Department heads and senior personnel need to keep passing out information. · New city telephone directory; new city map/location of departments and future locations; city map for public to use at "satellite sites". · Awareness-constant effort and realizing that the more complex and large an organization is the more challenging communication can be. · By asking opinions of those who work in other departments especially libraries and ask the staff how they personally feel about such issues. · When hired, provide or request employee's e-mail addresses for general communications. There are too many layers of bureaucracy between those who know and perform and the decision-makers. · People in all departments of the city are terrible about returning voice mail. Some people never answer their phone, they send directly to voice mail. There are methods of sending messages from the top down, but no system in place to send messages up. Things happen that don't seem right, and there is now way to express your feelings without being labeled a complainer. · Assign one key person for each department as an additional source of information. E-mail, laptop computer, written policy and procedures. · Develop an lntranet website for all city staff-provide information to all on city Council actions, personnel changes, etc. · Publish times and dates of recorded council meetings when replayed. · Citywide meeting (general type meeting) where information can be passed to the employee, as well as recognition. Employee of the month programs is in effect now, but I think a presentation to the individuals should be done before an assembly on a monthly basis. I mean, what did these people do to deserve the award? · Intranet · People being more open to each other's ideas and suggestions. · Treat part-time/hourly employees as full-time employees, as many of us feel left out. Especially when there is training n which they may be interested. (Ex. The Covey workshops would be wonderful for some of the part-timers and other staff members). Another example is e-mail and access to computers with Word, MS Access, etc. · Citywide e-mail. · Allowances are not made for those of us with less than normal schedules. If meetings of an information nature are held, too often it is assumed that all have been informed. Shared voice mail does not work. Too often messages are erased before I hear them. Free flow of information. Let the employee decide what they need for information to be better educated on city events and goals on self-improvement. · For each department to have one "special" city announcement board to announce promotions, new hires, and retirements. I think this category deserves special recognition. So often we don't know who has retired or been promoted or just hired. A picture could go with new hire announcements so everyone would recog~ize or at least know what the person looks like. · Internet access for our city web page; direct line video of important events or news; more use of e-mail Indexed policy manuals for each employee; indexed administrative policy manuals It would be nice to have and use official forms for inter and interdepartmental information and instruction exchange. · Maybe an easier way to know what's going on in other departments is to add the city monthly newsletter perhaps. Are the Council agenda and action on the city's website? A listing (or some source) is needed to know who is responsible for what (i.e., who is in charge of street names/changes?, who do I talk to if I need to know about X?). Maybe an Intranet application where you can search by task? I get frustrated trying to find out whom to contact when I need a specific piece of information. I must emphasize that this problem is infrequent, but annoying. It would also be helpful for our many new employees. One problem is that not everyone is comfortable using the e-mail, if this was used by everyone internal communications would improve. Educate all employees on its use! Send e-mail/newsletter, save paper. Why is everything a secret? Timeliness in cross and intradepartmental communication is often poor. A goal of responding within 24 hours would be helpful. VM messages with daily information on staff availability would be helpful. · Internal website-access to city employees only · The ability to have the city newsletter sent directly to my home. · Maybe each department could have a section in "The City News" containing current information about their department. · Voice Mail!! · Citywide Intranet-Start at CV web page. Citizens access available offered services made available by the department selected. The CV web page links to each department and provides a menu of services and basic information. Employees access through the web page but have 7x24-employee access via secure net PIN #s. Employees may pre-schedule vacation (pending approvals), schools, trades and review personal records, leave messages with any department. Very simple-employees need to be valued is vital to this city and its operation. That means treating them with respect and listening to their ideas, complaints, etc. More computer use with required "end task deadlines" and priority/procedure guidelines. Complete use of permits plus whole city/departments as main system for task development and operation. Memo · We have adequate tools and technology - probably supervisors must slow down and be conscious in keeping staff up-to-date. I have only had an e-mail address at work for 2 weeks so I am still learning about this way of communication. However, I feel this will be a very effective means of communication and should be used more. I am a police officer and in our department a lot of information is simply put on bulletin boards around the department (not a good source of communication) often times info is late or not seen at all. Info on police training classes are not seen or known about unless we ask. 1 never hear any info reft Council agenda items. Internal department communication is also poor for the most part. Often times more than one detective will be working the same case without any knowledge of the other. Better case distribution and communication between units is needed. A computer system that works. More computers, e-mail and posted bulletins. · To have someone in my department to be responsible for making sure job announcement are posted and plenty of copies are made to give everyone a chance to apply. · Placing newsletters on e-mail as well as any other pertinent information. · How about a newsletter sent via e-mail (i.e., digital format) to save paper? E-mail for all employees who want it. A newsletter and better communication in all city departments. E-mail · Set up a city listserv so all city employees could subscribe and ask questions, etc. More talking (interpersonalcommunication) · I feel everything is fine. Better communication throughout the different departments. E-mail for everyone in the city or e-mail access for all personnel within the city. · To place valuable information on bulletin board in all city buildings for all to see and take advantage of useful information. As a part-time employee I don't have any communication with the city. My supervisor is the only person I am allowed to communicate with. I have never been through an orientation. I don't know what policy or procedure is or if I have any rights. I just do the job. · Faster mail routes - not be held up by someone. · Department heads and division managers should hold meetings with the city employees. The department that I work in (mayor/council) often gets excluded in the internal communications. Maybe they think that council already knows everything but the staff of council is often excluded. I would like to receive a memo of some sort to keep me posted on what's going on. · A combination of traditional written (newsletter, memo) and electronic communication as well as oral communication methods (meetings, voice mail, net meetings) might serve to inform people with different preferred methods of learning. I realize this is time consuming, but for especially important information may inform the most people. Having "weekly news" for all departments. Include all employees in the city process. Part timers are not given any information. · E-mail access should be given to all employees to save paper and if it is not useful information it can be deleted. E-mail should not be limited to a select few. Knowledge is power and people do not want to share knowledge. · A notebook should be kept in all departments containing news items for a three- month period. This way employees could back check on pertinent items to them. · Have someone from department come and talk once in a while. · Computer system should/could be equal for all employees. Teach my immediate supervisor basic communications so that he does not keep everything secret!! If I had a cell phone for my work. · The city manager's monthly meeting has been very helpful. I think additional "coordination" meetings between departments that interact a lot (i.e., development services) would help. The regular DOTs meetings are good, but often similar type meetings below the assistant director level may be helpful. ~ Wider use of e-mail. · I think that new development in the area should be assigned to individual people in each department and that team should be the contact individuals for the entire project from beginning to end. I think there should be weekly meetings between the departments to facilitate the job and talk about any problems or progress on the project. · If all communications were given my e-mail and all who had access to a computer were hooked up to a citywide network. Not everyone within the city has access to e-mail. · Take minutes of department senior staff meeting and put them into a memo that everyone gets the next day. Route minutes (or summary) of council actions to all employees, or put that information on the citywide network (and tell everyone where it is and when it will be updated). Route synopsis of all departmental decisions, especially on city projects, to all employees of the department. · Memo, mail or e-mail info to the person regarding actions taken by Council or city officials. · Improve internal communications within our department especially in "need to know" situations. · I feel that giving employees a better understanding of the goals and purpose of the organization leads to ownership, therefore creating a more productive and positive environment, empowering the employee to succeed. This can be accomplished by effective communication. I am so pleased that the leadership of our city recognizes the importance of this survey. More staff (no time for communication); interdepartmental retreats training; policies interdepartmental coordination with management involvement/endorsement. · Communication from top down very poor; hear by rumors (word of mouth); e-mail timely, memos get lost in piles · Employee social events · Better use of e-mail. For example, when considering number 2 above I felt that information I need to keep, such as city goals or employee benefits, need to be in written format for filing and long term storage but information that is of a temporary nature like a concert, event, employee recognition should be sent by e- mail because these are not pieces of information that need to be filed and stored for long periods of time. We get too much temporary info on paper. More use of eqnail to communicate interdepartmentally. For example, MIS should share network and PC user info-things we should all be doing like purging old files regularly. HR should do a better job of distributing new job opening announcements, why not put them on e-mail? We still rely too much on paper-then "economize" by cutting back on distribution! · Direct personal e-mail More extensive use of e-mail for organization-wide communications. User group for standardization of software applications and corrununications processes. · Let everyone know about new hires; keep using monthly manager's meetings to discuss a variety of department projects. The Payroll Department is slow in processing general and cost of living increases; three months in my case. · More bulletin postings · Suggestion box within each department. Communications board that we can share important issues and check to learn about what's happening with other departments. This would be via e-mail. Internet access for all planners. · Intranet website · In general, I feel like I receive inadequate information, but if I'm not getting information how would I know? If I need info I go after it. I believe the steps the city is taking with things such as the Council agenda statement workshop/packet is very good. An employee shouldn't have to learn standard procedures through the school of hard knocks. · Need to make a commitment to communicate-tool is not as important as commitment to do it! Many decisions/programs etc. that directly effect an employee are never conununicated to them directly. While this has improved in the past two years, many recent actions have been taken with no communication with employees. A better understanding of what each department does and why certain restrictions or procedures ~nust be followed. · A city lntranet · Possibly setting up a bulletin board in all city offices workstations with info pertaining to employees. · Positive attitude among co-workers!! · I am a big fan of videotapes. If the city manager were to do a monthly videotape I think that it would go a long way towards improving communication. Memos and newsletters are okay but they don't convey any passion or honesty. When you see the person speaking and looking at you (even if through a camera) you get a different perspective about the issue(s). [ also feel that it is a personal touch that is often lacking in day to day city operations. · More downward dissemination of info from command. Follow-up and project or issue completion responses. No feedback. Effective communications begins at the top. Our department leaders do not share the long range goals or plans very well. Chief asst. chief and captains need to open up with what is happening within the departments and how it effects the patrol staff. · I think that a newsletter that is put out and delivered in a timely fashion would keep everyone updated that cares to be. Also, a computerized system that employees could call in and get updated information on their benefits, training opportunities and other city functions would be beneficial and easily assessed by all, including those who work nights and weekends when the rest of the city is shut down. This information could be accessed by phone or computer terminal by using an access code. · A weekly newsletter or bulletin. The city needs to include its employees/departments when decisions they have received input from the community/residents/businesses. · Submission of information via voice mail/newsletter in a timely manner. · Inter-department computers with e-mail accounts similar to SDSO. · Get more people connected to e-mail and use e-mail more. · Send newsletters, memos, bulletins, etc. to all departments. I work with a couple different departments and get some info from one department and no info from others and it would be helpful if all departments knew what was going on. · E-mail needs to be used far more often. Every memo I've received from citywide e- mail has been helpful. Within our own organization communication is very poor. Simple, short e-mail messages would improve things immensely. Chain of command chokes communication in many ways. · Presentation on other department's goals, mission, role in the city. Flow chart of each city department's organization and identification of employee roles. Better communication regarding city procedures may be a citywide procedures manual, typical correspondence formats, reports. · The HR department needs to be more aware of the firefighters work schedule when sending out time sensitive information! · If al employees had e-mail it would be beneficial. Currently, many do not. Distribution of citywide mail often never makes it to individual employees, therefore e-mail is a certain way to reach individuals. · All employees should have e-mail access. · E-mail would be great. · Try to remember the "little guy" who never attends staff meetings because he has to do his job - let him know what's new. · Timely info. · Everyone in the organization I believe should have e-mail - it provides for additional information/colmnunications gathering. Access to e-mail; if no e-mail available then voice mail access with recorded messages. · Since I have access to e-mail at home only I would like to receive information at my home e-mail account. Right now I get most of my information about the city from the city website which is in need of modernization. Police website is not complete and out of date. · E-mail access. · Better communication/direction from city manager (the dotted line concept blows if all involved do not fully understand who is responsible for what). · Have all employees take communication/interpersonal skills class. People in different city departments/divisions do not bother to return phone calls. Part-time employees are not given handbooks with their rights and this is important since the city does not have to adhere to state and federal regulations. Part-time employees are not treated with respect, the same courtesy and professionalism as full-time employees. High turnover with part-time employees in part stems from this behavior that reflects that city does not care about part-time employees that they are easily replaced. City policy of limiting part-time hours so that employee does not have to move up in the pay scale results in many trained, skilled employees leaving for better paying jobs where they feel valued. · More knowledge of this information to new employees. · I don't believe that gimmicks or incentives work in an arena where employees do not care about anyone other than themselves and their self-preservation. I have been a city employee for nine years and have seen several attempts to disseminate information rapidly. Thus far, the only one which seems to have had any success was when the supervisor of my department created memos and posted them. She also made the effort to update them (sometimes hourly) and maintained a file for reference. This has not happened for six years and information about procedure changes, personnel changes, policy changes, and city functions has suffered dramatically! Extensive training on goals of each department. E-mail, interdepartmental training or cross training. · Train employees (all) on the use of Microsoft Outlook and encourage the use of e- mail as a communication tool. Teach employees how to share documents, change documents and collaborate on projects across this medium. Encourage department heads to share information with staff on proposed changes that might impact them so that the "rumor mill" would no longer exist. · Though I worked many years as a full-time employee, I'm now hourly part-time. This affects communication because I'm not at work every day. Considering this, I think current communication is fairly good. · More communication. In projects-check lists that list people that should be contacted. · Department-wide staff meetings to allow all members to hear from the top. To have an update from our supervisor after the weekly department head meeting with things that pertain to us. An e-mail from the city manager giving a short excerpt of highlights the city is involved in. It's not the tool, it's the person using the tool. Someone needs to initiate the flow of information, regardless of tool. · "Effective Communication" Policies should be clearly stated in writing. Even interim policy statements e-mailed to relevant staff would be helpful. Any time two or more people meeting and the outcome of that meeting will impact other parties some sort of memo describing the decision should be written, initialed and circulated to interested parties. · Hold regular section meetings. Instruct direct supervisors to pass along all relevant information received at management level meetings. Use mixed media to disseminate important communications (e-mail, bulletin board and meetings). · Regular use of e-mail by all departments particularly clerk's office re: city action, HR re: benefits, special events. Also, regular meetings (perhaps monthly) of cross-line staff in related departments such as Planning/Corn Dev/Engineering. Make sure all announcements get to satellite offices! · It takes active participation at all levels. Standard procedures understood and followed by all. · Website with access available at work and fire station. · Much more informative newsletters. CITY OF CHULA VISTA SURVEY OF RESIDENTS EXECUTIVE SUMMARY JD FRANZ RESEARCH, INC. Public Opinion and Marketing Research Jennifer D. Franz, Ph.D. May 2000 INTRODUCTION The research findings presented in this executive summary derive from a survey of residents of the City of Chula Vista that was commissioned by the city and conducted by JD Franz Research, Inc., of Sacramento. Encompassing 404 completed interviews, it was implemented between April 3 and April 17, 2000. The overall purpose of the survey was to assess the city's communications with its residents. RESEARCH METHODS The survey instrt~ment that was used in conducting the research was designed by the President of JD Franz Research in consultation with SAE Communications, the city's public information firm. It was pretested among a random sample of respondents selected in the same manner as the survey samples would be select before it was finalized. The sample for the survey was a computer-generated random digit dialing sample designed to obtain responses from a representative cross-section of 99 percent of residents of the city. Only four very low-incidence prefixes - that is, prefixes with extremely small percentages of Chula Vista residents - were excluded from the sample. Potential respondents at the numbers in the sample were screened for living in Chula Vista Santa Clara and for being 21 years old or older. Within households, the youngest male adult/youngest female adult technique was used to select the individual to be interviewed. Calling for the survey was conducted from the centralized and fully monitored facility at JD Franz Research under the ongoing oversight of full-time supervisors. Upon completion of each interview, a supervisor immediately checked it for accuracy, clarity, and completeness. In order to ensure that working people were adequately represented, calling took place only during the evening hours (5 to 9 p.m.) and on weekends (10 a.m. to 6 p.m. on Saturdays and 2 to 9 p.m. on Sundays). Up to four attempts were made to reach an eligible individual at each number in the sample. The overall cooperation rate for the survey was 72 percent, which is generally viewed as being very good. FINDINGS · The largest group of respondents (36 percent) said they are somewhat well-informed about the issues facing Chula Vista. In addition, 18 percent said they are very well- informed. When summed, these figures total the majority (54 percent). · By far the largest group of respondents (29 percent) said a major issue facing Chula Vista today is excessive growth or overpopulation. Only two other issues were mentioned by more than one in ten respondents, the need to expand highways or freeways (18 percent) and traffic in general (14 percent). · More than half of respondents (51 percent) said they didn't recall the city sending anything to their homes. Information in utility bills was remembered by close to one in ten (10 percent). · Television news programs were the source of information from which residents were most likely (35 percent) to say they always or usually learn about issues facing Chula Vista. This was followed by the San Diego Union-T~ibttne (30 percent), friends, neighbors, relatives, or people they work with (20 percent), and the Chula Vista Stat' Ner~rs (17 percent). The information sources those who use more than three said they use most often were television news programs (61 percent), the San Diego Union-Tribune (59 percent), friends, neighbors, relatives, or co-workers (35 percent), and the Chula Vista Star Ne[4~s (31 percent). · Close to a quarter of respondents (23 percent) said they recalled receiving the city's newsletter in response to one of two questions. (The first one was unaided and the second one was aided.) Of these, the majority (51 percent) said they found it somewhat useful and another around a third (34 percent) said they found it very useful. These figures sum to by far the majority (85 percent). · Close to three-quarters of those who said they recalled the newsletter (73 percent) said it would not be more useful if it were shorter, and over half (57 percent) said it would not be more useful if it were longer. Two in five, however (40 percent), said a longer newsletter would be more useful. · Over two-thirds of those who said they recalled the newsletter (69 percent) said it would be more useful if it were sent more often. Almost no one (3 percent) said it would be more useful if it were sent less often. · Close to one in five respondents (19 percent) said they watch City Council meetings on television. Of these, the majority (58 percent) said they sometimes watch them, and over a quarter (28 percent) said they rarely watch them. When these figures are summed, they total the vast majority (86 percent). · About half of those who watch City Council meetings on television (49 percent) said the broadcasts are somewhat useful in informing them about what is happening in Chula Vista. In addition, over a third (36 percent) said they are very useful. These figures stun to by far the majority (84 percent). · The proportions of respondents who said they would find various public information activities on the part of the city very or somewhat useful were as follows: · Sending e-mail updates: 45 percent · Sending information in the mail more often: 79 percent · Providing more information on the city's Web site: 44 percent · Providing more information in homeowners' or neighborhood newsletters: 55 percent · Holding neighborhood meetings on city issues: 67 percent · Providing information in Spanish: 34 percent RESPONDENT DEMOGRAPHICS · A majority of respondents (50 percent) have lived in Chula Vista over 10 years; a third (34 percent) have lived there over 20 years. About one in five (18 percent) have lived there two years or less. · The majority of respondents (58 percent) live West of 1-805. · Close to two-thirds of respondents (64 percent) have access to the Internet, either at home or at work. Of these, the largest group (44 percent) have access both places. A third of them (34 percent) would definitely like to receive information about what is happening in Chula Vista on-line, and a quarter (24 percent) would probably like to do so, for a total of 59 percent. About a third of respondents (34 percent) are high school graduates; two-fifths (41 percent) have two- or four-year college degrees. The majority (61 percent) have at least some college. · The largest groups of respondents are between the ages of 25 and 44 (64 percent total). Over a quarter, however (27 percent), are aged 55 and older. · Close to half of respondents (48 percent) are Caucasian; over a quarter (28 percent) are Latino or Hispanic. · A slight majority of respondents (54 percent) are female. LIST OF QUESTIONS 1. Thinking about information in general, would you say you are very well- informed, somewhat well-informed, not very well-informed, or not at all well- informed about the issues facing Chula Vista today? 2. What do you feel are the major issues facing Chula Vista today? 3. What information can you recall the city sending to your home? 4. Do you always, usually, sometimes, rarely, or never learn about the issues facing Chula Vista from ? How about from ? [~. the San Diego Union-Tribune 5 4 3 2 1 [~ the Chula Vista Star-News 5 4 3 2 1 [~1c television news programs 5 4 3 2 1 [~ radio news programs 5 4 3 2 1 [~1~ City newsletters 5 4 3 2 1 [~, homeowners association or neighborhood 5 4 3 2 1 newsletters ~][~ broadcasts of City Council meetings 5 4 3 2 1 [~h notices of city public hearings 5 4 3 2 1 [~, clubs or organizations you belong to 5 4 3 2 1 [~i the city's Web site on the Internet 5 4: 3 2 1. [~ friends, neighbors, relatives, or people you work 5 with 5. And which three of these information sources do you use most often? THE SAN DIEGO UNION-TRIBUNE ........................................................................................ 1 THE CHULA VISTA STAR-NEWS ............................................................................................ 2 TELEVISION NEWS PROGRAMS ............................................................................................ 3 RADIO NEWS PROGRAMS ....................................................................................................... 4 CITY NEWSLETTERS ................................................................................................................ 5 HOMEOWNERS ASSOCIATION OR NEIGHBORHOOD NEWSLETTERS .......................... 6 BROADCASTS OF CITY COUNCIL MEETINGS .................................................................... 7 NOTICES OF CITY PUBLIC HEARINGS ................................................................................. 8 CLUBS OR ORGANIZATIONS YOU BELONG TO ................................................................. 9 THE CITY'S WEB SITE ON THE INTERNET ........................................................................ 10 FRIENDS, NEIGHBORS, RELATIVES, OR PEOPLE YOU WORK WITH .......................... I 1 6. Do you ever recall receiving the city's quarterly newsletter? ~'-IF YES, ASK: 7. (Now you said earlier that you remember receiving the city's newsletter. ) (And) did you find it very useful, somewhat useful, not very useful, or not at all useful in informing you about what is happening in Chula Vista? 8. Would it be more useful if it were ? How about if it were ? a. shorter in length I 2 b. longer in length 1 2 c. sent more often I 2 d. sent less often I 2 9. Do you have access to the Internet, either at home or at work? ~-IF YES, ASK: 10. And would that be at home, at work, or both? 11. Would you definitely, probably, probably not, or definitely not like to receive information about what is happening'in Chula Vista on-line? 12. Do you watch the City Council meetings on television? ~-IF YES, ASK: 13. And do you do so always, usually, sometimes, or rarely? 14. Would you say that these broadcasts are very useful, somewhat useful, not very useful, or not at all useful in informing you about what is happening in Chula Vista? 15. Would you find it very helpful, somewhat helpful, not very helpful, or not at all helpful if the City of Chula Vista ? How about if they ? send you e-mail updates on city issues 4 3 2 1 sent you information in the mail more often 4 3 2 1 provided more information on the city's Web 4 3 2 1 site provided more information in homeowners' 4 3 2 1 association or neighborhood newsletters Herd neighborhood meetings on city issues 4 3 2 1 Provided information in Spanish 4 3 2 i 16. How long have you lived in Chula Vista? 17. And do you live west or east of 1-8057 18. What was the last grade you completed in school? 19. And what is your age, please? 20. We would also like to know your racial or ethnic background. Are you Caucasian, African-American, Asian-American, Latino or Hispanic, or some other ethnicity? 21. Record gender (M/F). City of Chula Vista Communications Study Executive Summary One-on-One Interviews City Council Interviewees Shirley Horton Mayor Patty Davis - Councilmember Steven Padilla - Councibnember Mary Salas - Councilmember City Staff Interviewees Dan Beintema - Nature Center Executive Director Susan Bigelow - City Clerk Candy Emerson - Human Resources Director Rick Emerson - Police Chief Jeri Gulbransen Public Information Officer Jim Hardiman Fire Chief Don Hunter - Police Department PlO John Kaheny - City Attorney George Krempl - Assistant City Manager Bob Leiter - Planning and Building Director John Lippitt Public Works Director Deidre Markley - Community Development Staff Donna Morris - Deputy City Clerk Sid Morris Assistant City Manager David Palmer - Deputy City Manager Doug Perry - PIO/Assistant Fire Chief Bob Powell - Deputy City Manager David Rowlands - City Manager Chris Salomone - Community Development Director Louie Vignapiano - MIS Director Key Community Leader Interviewees Britt Bemtt - CEO. Sharp Hospital Greg Cox - San Diego County Supervisor Tom Davis - Community Representative Dr. Libby Gil - Superintendent, Chula Vista Elementary School District Juliet Hendrix - Former South County Bureau Chief, San Diego Union Tribune Kathy Lembo - Executive Director, South Bay Community Services Don Linn - South Bay Ecumenical Council Buck Martin General Manager, Coors Amphitheatre Dr. Angelette McFarlin - Montgomery Community Leader Hector Molina - Hispanic Community Leader: Station Manager, KBNT-TV Al Sorensen General Manager, Sweetwater Authority Tina Williams - Executive Director, South Bay YMCA Key Findings · Interviewees generally said the City is communicating in a minimal way with its residents. Specific issues noted included the Spotlight being the only tool which regularly goes to residents; the lack of information available via the website; the reliance of East Side residents on homeowners association newsletters for important city information; the misperception that West Side residents are neglected regarding capital spending; and the lack of understanding about the effects and benefits of community growth. · Interviewees generally said the city is communicating in a minimal way with its business operators. Specific issues uoted included the inability of interviewees to identify any business-oriented communications tools and the lack of business-oriented resources available on the city's website: the city's positive relationship with the Chamber was noted repeatedly, but interviewees recognize that Chamber members represent only a small number of the total businesses in Chula Vista. · Interviewees generally said the city is not communicating in a meaningful way with visitors. Specific issues noted included the lack of quality identification signs at key gateways to the city; insufficient signage at the Civic Center complex; and the relatively new positioning of Chula Vista as a visitor destination with the Olympic Training Center and Coors Amphitheatre. ° Interviewees overwhelmingly identified growth and its related impacts as the major issue facing Chula Vista in the next year or so. Specific issues noted included thc importance of communicating the benefits aud impacts of growth; traffic mitigation planned for the community; and the need for continuously updated information about proposed projects. · Interviewees identified a variety of issues facing their organization or department in the next year or so. Specific issues noted included the need for higher staffing levels to accommodate increased service de~nands; high workload levels resulting from growth; physical space issues resulting from increased staffing; and the very high level of satisfaction with employee compensation. · Specific communications tools identified as being most effective in dealing with departmental organizational issues focused on meetings and memos. Specific issues noted included the effectiveness of department and/or division heads meeting regularly with employees; regular memos to apprise employees of key issues; and the need for increased usage of electronic communication for those who have access to computers. · City departments are not planning significant new tools to communicate important issues in the next year or so. Specific issues noted included a lack of staff to produce information tools; low level of coordination among city departments to communicate issues; and a Iow priority level for communications among all the other workload issues which employees face. · Interviewees identified a variety of points that every resident should know about the City of Chula Vista. Specific issues noted included the strong desire to provide Chula Vista residents with high quality municipal services; the emphasis that municipal employees truly cate about the community; and that the City Council and staff are determined to ensure that the city's rapid growth is being managed properly. · Interviewees overwhelmingly identified the Spotlight as the most effective tool in reaching Chula Vista residents. Specific issues noted included the publication's pleasing design: easily-understandable writing style; and its importance in keeping the community abreast of key events. Interviewees also indicated an interest in seeing the publication increase its fl'equency of distribution and/or its length. · Interviewees overwhelmingly identified the city's website as a communications tool which is not effective in reaching Chula Vista residents, business operators, or visitors. Specific issues noted included the lack of useful information available on the website; the lack of cohesiveness between various segments of the site; and the inappropriate necessity of certain city departments to independently maintain and/or design their website information. · Interviewees universally identified the city's website and the Spotlight as the communications tools which they would most like to see enhanced or expanded. Specific issues noted included the pervasiveness of online access; the easy ability to put interactive forms, etc. on the website; the usefulness of the website in soliciting feedback from residents and business operators: and the public relations value of the Spotlight among members of the community. · City Couneilmembers generally did not have a sense of how, or to what extent, information about their actions is communicated to municipal employees. Specific issues noted included a lack of understanding about how information flows to employees and the possibility that many employees learn about decisions through the news media. · Interviewees from outside city government generally felt the city communicates with members of their organization in a minimal way. Specific issues noted included a perception that those living west of 1-805 are not as important to the city as those east of the freeway: the lack of emphasis on the website or other forms of electronic communication; and the lack of any communication with business operators other than annual license renewal mailings. · Interviewees from within city government generally felt the city communicates with members of their organization or department in a somewhat satisfactory way. Specific issues noted included disparities between depamnents in how information about key city issues flows; the generally positive reaction to the new internal newsletter; and the inability to use the website or an intranet as an effective communications tool. Interviewees did, however, have a very enthusiastic reaction to the city manager's visits to individual departments and the feedback opportunities those visits provide. · Interviewees identified a variety of methods to partner with the city to get municipal program and service information out to the community. Specific issues noted included a willingness by many interviewees outside city government to make space available in their newsletters and/or websi/es for city briefings; the willingness for city staff to speak to organizations on current projects and issues; and a desire to receive information about projects and issues electronically for possible organization-wide distribution. · Interviewees generally felt the city's image was improving. Specific issues noted included the long-standing "border town" reputatiom the lack of knowledge about the upscale developments on the East Side; the benefits of doing business in Chula Vista; and, significantly, the high number of interviewees who pmpetuated the inaccurate negative image to those who may have had no prior negative image of the community at all. · Interviewees most often get their news about local issues and events from very few news organizations. Specific issues noted included the role of the Union Tribune and Star News as pmnary local news outlets; the lack of coverage by San Diego broadcast stations; and the awareness that many important stories don't receive news coverage because of the limited media resources. · There is no standardized policy or practice within the city regarding production of communications materials in languages other than English. Specific issues noted included the lack of staff time/resources to produce materials in Spanish or certain Asian languages; the recognition of the need to do so given the diverse Chula Vista population; and the generally high level of availability of multilingual staff in city departments to accommodate non-English speaking customers. Chula Vista Communications Study Executive Summary Business Focus Groups Focus Group Interviewees Craig Fukayama - McMillin Company Dave Gtzke Pacific Bay Homes Linda Greenberg Grubb and Ellis Russ Hall - California Trade and Commerce Agency Henri Harb - Mr. V's Restaurant Joe Kheder - Computer Renaissance Klm Kilkenny - Otay Ranch Company Bob Kopp - Plumbing Supplier Chris Lewis - Lewis Group Charles Moore Pacific Waste Services John Munch Union Bank of California Kent Olsen - California Transit Ventures Bill Ostrem -The EastLake Company Mark Palumbo - Gold Coast Engineering Charles Peter - Retired Business Operator Rob Reck - North Isand Federal Credit Union William Tunstall - B.F. Goodrich Aerospace Robert Villarreal - Ocean Beach Community Development Corporation Dan Wilkens - San Diego Port District May Wylie - Southwestern College Key Findings · Chula Vista can be a good place to do business, but communication between the city and businesses is a hindrance to business success. Specific issues noted included the need to encourage communication as an essential part of thc city/business relationship; the need to develop communications vehicles such as roundtables or other gatherings to foster communication: and the increased emphasis on communication as Chula Vista goes through a period of unprecedented growth. · The community suffers to a great extent from an image based on old perceptions and realities. Specific issues noted included the "Chulajuana' term (perpetuated self-defeatingly by many of those iuterviewed for this project); unawareness of the new businesses located here; regional attention paid to North County growth with little media interest in South County; and unwarranted "lumping" of Chula Vista with National City, Imperial Beach, South San Diego, and the border. · Business owners and operators can recall very little communication from the city. Specific issues noted included the awareness of the Spotlight as a high quality but infrequent tool: the fact that other than the utility bill, the only regular communication from the city is an annual business license renewal; and new businesses have no idea about what services and programs are offered by the city. · Staffing increases have led to a lack of continuity in city policies and procedures. Specific issues noted included fl'equent misuuderstandings about the approval process; an absence of understanding about the financial need for business owners and developers to move quickly through the approval process; and inconsistency among various city departments on items like bond forms. · Efficient decisiun-making is not a consistent city priority. Specific issues noted included the discouragement of rapid decisions by slaff; a culture of putting-off decisions which was fostered by previous city management; and the lack of a reward system for effective decision making. · Developers would like Chula Vista to implement communications tools similar to those used in other cities. Specific issues noted included the City of San Diego's Process 2000 ombudsman program; the City of Temecula's communications efforts; and the City of Del Mar's newsletter which updates businesses on current city projects. · Business operators would like the ability to access information electronically either through the city's website or via email. Specific issues noted included "pushed" newsletters updating recipients on city projects; online availability of permits, licenses, forms, etc.: access to demographic information, maps, regulations, policies, and SANDAG iuformation. · The city attorney's office is often brought into development projects too late in the process. Specific issues noted included delays in development; additional costs; and inconsistency about when the city attorney's opinion is required. · Small businesses are treated differently than large businesses. Specific issues noted included special attention paid to larger businesses by staff and elected officials; lack of understanding by small business operators about what is involved in starting a business; and small business operators often have a fi'ustrating experience at public counters because there is uo mnbudsmau or "one-stop" center to coordinate their project. · Business operaturs don't know the areas of responsibility for city staff members. Specific issues noted included the benefits of "puttiug a name with a face"; a previous city- produced staff directory which included photos of key staff; and the need to maintain close relationships with staff in light of the city's growth. The Chamber does an excellent job of informing its members about city projects. Specific issues noted included the fact that Chamber members receive regular updates in the Chamber newsletter; only a few hundred of Chula Vista's businesses are Chamber members, limiting the exposure of Chamber information; and those businesses which are not Chamber members most likely have no understanding about issues which are important to them. · The Olympic Parkway project is an excellent example of quality city communication. Specific issues noted included the success in hiring an independent project manager; the close coordination between the city and developers: and the value of communication in getting the pro. ject well underway to everyone's satisfaction. · There is hesitancy among many of those who do business in Chula Vista to recommend the community to friends/relatives/colleagues as a good place to do business. Specific issues noted included the development opportunities available in Otay, the perceived lack of communication among city departments; and development opportunities which are bypassing the city due to lack of awareness about the community's benefits. City of Santa Monica PIT Crew Public Information Team Why a Public Information Team? To improve internal communication To strengthen working relationships among departments To maximize individual resources and efforts To learn from each other To avoid duplication of efforts and "reinventing the wheel" To better respond in crises and emergeucies To provide back-up in emergency situations To share knowledge, skill-building, cross-training To get to know each other in non-crisis times To provide better service to the public To be more responsive to the media So the left hand will know what the right hand is doiug! PIT Crew Members PlT Crew members are staff fi'om all city departments who have responsibility for public infurmatJon, e.g., handling media relations: writing news releases, newsletters, brochures; coordinating community outreach or public education programs and events. The crew also iucludes representatives from major venues within the city (Santa Monica Pier, Third Street Promenade, Farmers Markets, Civic Auditorium, CityTV). Police Department and Fire Department are key members. Only six of the two dozen members actually have "public information officer" (or a version of same) as a job title. Members' jobs range from Airport Manager' through Volunteer' Coordiuator. It takes many hands to keep that car on the track! PIT Crew...dedicated to keeping the City of Santa Monica a well-tuned, high performance communications machine. PIT Crew Meetings/Interaction Meetings are kept short and focused (can't spend too much time in the pit or you'll lose the race). Monthly I to I-I/2 hour meetings include: · updates/debriefings on hot issues · training opportunities · brainstorming on emerging issues · analysis of media coverage/event attendance · and prizes! In addition to the regular lneetings, frequent communication is maintained among the group via the city's internal e-mail system. PIT Crew is set up as a group in the "Crew Chief's" e-mail address book, so information can easily and quickly be transmitted to all, e.g., media inquiries on "what's happening" this week in the city, updates of the city's media list, requests for help. PIT Crew Pitfall Nonparticipation by key departments is the major problem for any P1T Crew (what if the guy responsible for changing the left front tire didn't show up'?!). Departments will find that, if they do participate on a regular basis, when a crisis occurs they're in a much better position to respond, have an easier time communicating with other affected departments (e.g., Fire or Police), and have resources and fl'ie~ds to call upon throughout the organization. RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING STAFF RECOMMENDATIONS REGARDING THE COMMUNICATIONS AUDIT, AMENDING THE FY 2000-01 PUBLIC INFORMATION BUDGET TO ADD 1.0 FTE COMMUNICATION SPECIALIST, 1.0 ADMINISTRATIVE OFFICE ASSISTANT II, .AND 0.5 FTE WEB MASTER, AND FOR CONSULTANT SERVICES, FURNISHINGS AND EQUIPMENT; AND APPROPRIATING $100,000 FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND AND $32,250 FROM THE AVAILABLE FUND BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND WHEREAS, in 2000, the City commissioned an audit of its internal and extemal communications; and WHEREAS, a steering committee, made up of executive and senior managers reviewed the consultant's findings and, as a result, recommends the expansion of the City's communication program through a variety of strategies; and: WHEREAS, the Steering Committee recommends the adoption of three specific goals as follows: Develop a management structure to support the implementation of the communications plan. · Facilitate communication within the City organization and community by creating and enhancing communication techniques and products. Enhance media communications. WHEREAS, various strategies suggested by the consultant were discussed and the Steehng Con=nittee agreed upon a recommended work plan as follows: · Establish a permanent citywide Communications Committee with representation from every departl'nent. Invest the Office of Organization Development and Training with the responsibility for internal City conununication. · Create a Communications Office that is responsible for external communications and special event coordination creating two new positions: 1.0 FTE Communication Specialist, 1.0 FTE Administrative Office Assistant II and 0.5 Webmaster. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept staff recommendations regarding the Communications Audit. BE IT FURTHER RESOLVED that the FY2000-01 budget is hereby amended to add 1.0 FTE Communications Specialist, 1.0 FTE Administrative office Assistant II and 0.5 FTE Web Master and for Website consultant services, furnishings and equipment. BE IT FURTHER RESOLVED that $I00,000 is hereby appropriated from the available fund balance of the General Fund and $32,250 from the available fund balance of the Public Facilities Development Impact Fee Fund to implement the above recommendations. Presented by Approved as to form by DawO l~almer John M. Kaheny Deputy City Manager City Attorney COUNCIL AGENDA STATEMENT Item: / Meeting Date: 3/27/01 ITEM TITLE: RESOLUTION ACCEPTING THE TEAM POLICING REPORT AND RECOMMENDATION TO ADD 6 OFFICERS AND 1 LIEUTENANT FOR TEAM POLICING, TRAINING, AND TO IMPROVE RESPONSE TIMES IN THE EAST. ACCEPTING THE COPS UNIVERSAL HIRE PROGRAM GRANT TO PARTIALLY FUND THE ADDITIONAL OFFICERS OVER A THREE-YEAR PERIOD AND APPROPRIATING $21,614 IN UNANTICIPATED REVENUE FOR SALARIES AND BENEFITS. AMENDING THE FY 00 - 01 POLICE BUDGET TO ADD 1 LIEUTENANT AND 6 OFFICERS APPROPRIATING REVENUES FROM STATE COPS '01 IN THE AMOUNT OF $31,092 FOR SALARIES AND BENEFITS, TRAINING, AND FOR RELATED EQUIPMENT, AND $36,192 FOR A VEHICLE FROM DIF. SUBMITTED BY: Chief ofPolic . J REVIEWED BY: City Manage~',~,~ ( 4/Sths Vote: Yes X No __ ) Traditionally, the Police Department has used a nationally recognized patrol staffing formula based on call for service workload and officer initiated activity to determine an appropriate patrol staffing level. The study has identified the need for additional officers based on workload; the formula factors in the following new components implementing team policing, er~hancing training and improving response times in the East. In addition the Patrol Staffing Committee is also recommending the addition of a Lieutenant to implement team policing. Staff is proposing that the cos( of the officers be paid from acceptance of the 2000 Universal Hire Program grant. The related services and supplies and equipment are proposed to be paid for from LLEBG and State COPS '01. A vehicle for Patrol is proposed to be paid from DIF and one from the current Police budget. RECOMMENDATION: That the City Council accept the Team Policing report and recommendation to add 6 officers and 1 lieutenant for team policing, training, and to improve response times in the East. Page 2,Item: Meeting Date: 3/27/01 Further that City Council: 1. Accept the COPS Universal Hire Program grant to partially fund the additional officers over a three-year period; and appropriate $21,614 in unanticipated revenue for salaries and benefits. 2. Amend the FY 00 - 01 Police budget to add 1 lieutenant and 6 officers. 3. Appropriate revenues from State Cops '01 in the amount of $31,092 for salaries and benefits, training, and for related equipment, and $36,192 for a vehicle from DIF. BOARDS/COMMISSIONS RECOMMENDATION: The POA Board has unanimously approved the Team Policing proposal. The Growth Management Oversight Commission has supported the Department's proposal. BACKGROUND: During the strategic planning process members of the Department identified the need to review deployment methods in Patrol. Subsequently the Patrol Staffing Committee was formed to review this issue and develop an implementation plan. The Committee led by Lieutenant Mike Becker, included Iracsema Quilantan, Marry Chase, Gary Ficacci, Dan Hardman, Richard Powers, Yvette Roullier, Chuck Pugsley, Tina Guthrie, Angelica Aguilar, and Olivia Castellanos. The Committee comprised of a spectrum of Department personnel included both sworn and civilian personnel as well as members of the POA board. A variety of issues were considered for the successful implementation of Team Policing including training, team size, call for service, Eastern growth and staffing needs. DISCUSSION: The Patrol Staffing Committee was tasked with examining staffing in Patrol to ensure that the Department was adequately staffed to provide responsive services to meet the needs of a rapidly growing and changing Chula Vista community. At the same time the Committee was ensure that staff development was a priority as well as continued support of key department programs. To this end the Committee worked over the past several months to examine current patrol staffing and to develop an implementation plan that successfully addresses Departmental needs. As the Committee evaluated staffing needs it became apparent that training would be a critical component of the implementation plan. For a complete copy of the Team Policing report please see Attachment A. The committee addressed the following key components for effective deployment: · Team Policing · Improve Response Times · Enhanced Training · Advanced Hires The current platoon system was designed to allow for flexibility in days off and adjustments in staffing based on the number of Patrol officers at the beginning of Page 3,Item: Meeting Date: 3/27/01 a shift rotation. Due to the changes in composition of Patrol over the past several years there are several issues that the current system does not properly address. There is a lack of coordination between supervisors and employees creating a variety of problems including a lack of consistency in supervision as well as hampering the performance evaluation process. Further the platoon system hinders the Department's ability to create a sense of teamwork; while a lack of beat integrity lessens the effectiveness of Community Oriented Policing. Under the current system there is a general lack of continuity and cohesiveness in Patrol, as a consequence communication is hampered. Further diminishing the effectiveness of this system is the lack of a formal training program and an Advanced Hire program; the addition of these components to the team-policing concept will effectively address the issues currently facing Patrol. Patrol Staffing Model The Department's Patrol Staffing Model was initially developed and subsequently refined over the two-year period1984-1986. Its primary purpose was to provide the City with a workload-based methodology for assessing staffing needs. In 1986 the model was selected by the National Institute of Criminal Justice as one of the ten best police-related studies developed that year throughout the United States. In 1994, the San Diego Unified Port District adopted the model as the basis for the City's annual reimbursements for patrol services provided to tidelands property. For a number of years the staffing formula has enabled the City to maintain the patrol staffing levels needed to meet various service goals. The staffing model, included in the Team Policing Report, consists of 9 parts: In PART A the beat officers call for service workload for the coming budget year is projected In PART B the amount of time required to handle the projected call for service workload and call-related activities is calculated; In PART C the target ratio of committed time (i.e. call for service activities) to uncommitted time (e.g. proactive patrol and officer initiated activities) is established; In PART D the total amount of field time required to handle the workload, including both committed and uncommitted time, is summarized; In PART E the amount of time the average beat officer is available in the field is calculated; In PART F the number of beat officers needed to handle the workload is determined. This simply represents dividing the number of field hours available per officer (PART E) into the total number of field hours needed (PART D); Page 4,1tern: Meeting Date: 3/27/01 In PART G the overall staffing needs determined in PART F are broken down into sworn (Peace Officer) and non-sworn positions (e.g. Community Service Officers); and In PART H the number of supplemental peace officers needed to maintain the target staffing level calculated in PART F is to be determined. This number is a function of the department's turnover rate. The study has identified the need for additional officers based on workload, implementing team policing, enhancing training and improving response times in the East. Further an increase from 5 to 6 lieutenants is required for team policing. Each of the 6 lieutenants will be responsible for the supervision of two of the twelve patrol teams. In addition, lieutenants will continue with assigned collateral duties including: COP/POP projects, fleet management, dispatch manager, CAD/MDC manager, and 800 MHz. The additional lieutenant will be responsible for the development and coordination of the training component of team policing; all lieutenants will be tasked with the development of special enforcement activities. Team Policing The proposed change seeks to deploy officers through a team system; that is the same officers, agent, sergeant and lieutenant will work together for a one- year period. Officers will have the same workdays as their teammates including their supervisors, allowing officers to build cohesive work units. Further, Team Policing will provide an opportunity to balance experience levels, improve supervision, promote continuity and cohesiveness, enhance training, solidify community policing and maximize deployment. In addition it will allow for better coordinated problem oriented projects as well as improving communication at all levels. Team Policing will allow for better coordination of problem-oriented projects as well as ensure that the goals and objectives of the Police Department and City of Chula Vista are met. There will be twelve teams varying in size depending on the shift. Each team will be assigned an Agent and be supervised by a Sergeant. Two teams will be assigned to each Lieutenant. Canine officers will augment teams. Currently canine units serve as citywide cover units and are designated as primary responders for select high-risk incidents. The Street Team will continue to provide proactive enforcement. Training The Patrol unit gives the Department the initial opportunity to train and develop officers. The team concept provides an effective platform for training in five critical areas - skills and knowledge, tactics, firearms, community oriented Page 5,Item: Meeting Date: 3/27/01 policing and supervision. Further it ensures proper law enforcement training to support the Department's growth at the same time it will help to bridge gaps in experience levels as well as systemizes training. Chula Vista is in the position to implement an innovative and aggressive training plan to address experience levels in Patrol. Under the proposed team concept each team would receive one day of training per month as part of their regular work schedule, for a total of 120 hours a year. The addition of the training component reduces the time officers are available for field activity; this reduction totaling 120 hours a year for each of the 85 officers in Patrol is reflected in the Patrol Staffing Model. In order to meet workload the addition of one officer is necessary. Enhancing Response Times in the East Despite innovative and documented efforls, the police Department has experienced a decline in its ability to meet thresholds. The table below demonstrates the Department's response time for FY 99 - 00. Threshold 84.0% 4:30 CY 2000 1,637 of 76,200 79.6%2 5:162 FY 1999-00 1,750 of 76,738 75.9%~ 5:21° CY 1999' 1,890 of 74,405 70.9%° 5:50~ Threshold 62.0% 7:00 CY 2000 25,165 of 76,200 45.1%2 9:572 FY 1999-00 23,898 of 76,738 46.4%° 9:37° CY 1999* 20,405 of 74,405 45.8%° 9:35° Further, the topography of the rapidly growing East has prompted the need to adjust beats. As a result, in 1999 the Growth Management Oversight Committee tDoes not include duress alarms, which were reclassified as Priority II cal~s in 2000. ~Non-normalized data. The FY99-00 percentage for Priority I calls was increased 0.7% after normalizing the data; the FY99-00 percentage for Priority II calls was increased more than 3% after normalizing the data. 3Normalized data, which adjusts for the increasing proportion of calls originating in the East vs. the West over the past ten years. Travel time in Eastern beats is considerably higher than in Westem beats, so as the proportion of East calls increases, response times will naturally decrease without a meaningful change in service. Page 6,1tam: Meeting Date: 3/27/01 (GMOC) supported staff's preliminary recommendation to add the equivalent of an extra police beat in Eastern Chula Vista, during selective shifts. In evaluating deployment strategies, the Patrol Staffing Committee reviewed call for service data and determined that the addition of patrol staff during days and swings in the East would improve response time. The additional officers would be available to handle higher volumes of calls for service; additionally the need for back-up units from other sectors would be decreased. As is demonstrated in the table below, the addition of four officers will allow for additional coverage during the day and swing shifts. Monday - Thursday 50% Friday 100% Saturday-Sunday 74% Swing Monday - Thursday 74% Friday 100% Saturday-Sunday 89% As the City continues to grow, further adjustments to beats in the East will be necessary to meet both call for service volume and response time thresholds. The proposed coverage addresses only response times. Advanced Hire Program In the 1999 the Patrol Staffing Model recommended that an Advance Hire program be established to mitigate projected turnover during the year. The GMOC supported staffs recommendation to implement an Advanced Hire program. Barring the implementation of an Advance Hire program the successful _ ... implementation of Team Policing will be hampered. On average it takes eleven months to train a new recruit, seven months in the academy followed by four months of field training. The Advanced Hire program will allow the Department to be adequately staffed to effectively implement both Team Policing and a formal training program. Without such a program, Patrol would be constantly understaffed. The team proposal has been developed to meet minimums and call for service volume, being understaffed will adversely impact the ability of a team to be effective. In essence the Department would be authorized 91 officer positions but only be budgeted for 86 officers. The difference of 5 officers is based on forecasted turnovers in Patrol through the year. Page 7,Item: Meeting Date: 3/27/01 Summary of Recommendations Adopt Team Policing as a deployment Add one additional lieutenant and an strategy officer to implement said policy Adopt formaltraining program Add one officer to implement said policy Enhance response times in the East Add four additional officers to Eastern beat Initiate Advanced Hire program Authorized positions to be increased above the budgeted positions UHP GRANT REQUIREMENTS The COPS Universal Hire Program authorizes funding under the Crime Bill for additional officers for Chula Vista. Up to a maximum of $75,000 per officer is provided over a three-year period. The grant offsets a portion of the officer's salary and benefits in decreasing percentages over the next three years. On the fourth year, the City would pay the full cost associated with each position added. The cost for the new officers is detailed in the fiscal impact section. COPS Universal Hiring Grant is the most visible component of the Crime Bill is the Community Oriented Policing (COPS) program. The COPS program authorizes the United States Department of Justice (DO J), under the direction of the United States Attorney General, to provide funding to local government agencies for additional sworn law enforcement officers. Four officers were added to the Police Department and funded by the Crime Bill (COPS AHEAD) in FY 95- 96. Based on that grant submittal, the DOJ developed the COPS Universal Hiring Program to deploy additional new officers devoted to community policing. The City of Chula Vista has received three grant awards from the UHP program for a total of twenty-nine under the UHP grant. FISCAL IMPACT The proposed implementation plan calls for the addition of one lieutenant and 6 officers as well as the implementation of an Advanced Hire program. Hiring will begin with the June 2001 academy. Based on hiring schedules and projected turnover the Department is not anticipated to achieve full staffing in Patrol until August of 2002; the hiring schedules assume the implementation of the Advance Hire program. The Department has developed a funding schedule through FY 03-04. To lessen the impact on the General Fund the schedule includes grant funding. Grant funding allows the Department to implement the proposal with minimal impact to the General Fund. Grant funding sources include Local Law Page 8,1tern: Meeting Date: 3/27/01 Enforcement Block Grant (LLEBG)4, COPS Universal Hire Programs, and State COPS. Absent grant funding the general fund would begin to incur cost in the current year and at a higher rate in subsequent years. See Attachment B for funding schedule. In addition to grant funding the Department plans to redirect existing overtime funds used to meet minimum staffing to implement the training component. While the Department's budget currently includes funds for required civilian and sworn training, additional funds are necessary for the proposed training program. Training funds wil~ be used. to hire POST-certified instructors for the in-house training program. Additionally, a Department talent bank will be developed to tap internal expertise when possible and lieutenants and sergeants will lead certain training exercises. This cost saving has been included in the proposed funding schedule. Since reductions in overtime use are not anticipated until the end of FY 01 -02, State COPS funds have been identified to initiate the training program. The total minimum staffing reduction in overtime is estimated at $189,917by FY 03 - 04. The following is a summary of proposed expenditures and revenues for the implementation of team policing, training and the Advanced Hire program: $149,533 $484,611 $448,905 $415,968 $630,853 Expenditures Revenues $149,533 $420,434 $155,326 $92,308 $0 Net Cost $0 $64,177 $293,579 $323,660 $433,340 Net Cost w/o $75,549 $484,611 $448,905 $415,968 $433,340 Grants Attachments: A. Team Policing Report B. Funding Schedule 4 The LLEBG grant is a Federal grant designed to provide funds to units of local government to underwrite projects to reduce crime and improve public safety. ~ The UHP grant is a Federal COPS grant designed to increase the deployment of officers. A total of 31 officer positions have been partially funded with UHP funds since 1995. RESOLUTION ,NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE TEAM POLICING REPORT AND RECOMMENDATION TO ADD 6 OFFICERS AND 1 LIEUTENANT FOR TEAM POLICING, TRAINING, AND TO IMPROVE RESPONSE TIMES IN THE EAST. ACCEPTING THE COPS UNIVERSAL HIRE PROGRAM GRANT TO PARTIALLY FUND THE ADDITIONAL OFFICERS OVER A THREE-YEAR PERIOD AND APPROPRIATING $21,614 IN UNANTICIPATED REVENUE FOR SALARIES AND BENEFITS. AMENDING THE FY 00 - 01 POLICE BUDGET TO ADD 1 LIEUTENANT AND 6 OFFICERS APPROPRIATING REVENUES FROM STATE COPS '01 IN THE AMOUNT OF $31,092 FOR SALARIES AND BENEFITS, TRAINING, AND FOR RELATED EQUIPMENT, AND $36,192 FOR A VEHICLE FROM DIF. WHEREAS, the Patrol Staffing Committee was formed to review deployment methods in Patrol and develop a deployment plan; and, WHEREAS, the Committee is recommending the implementation of Team Policing, a formal training program, and an Advanced Hire Program. Further, the Committee recommends the addition of one Lieutenant and 6 Officers in order to implement these programs; and, WHEREAS, the Community Oriented Policing Services (COPS) program authorizes the U.S. Department of Justice, under the direction of the U.S. Attorney General, to provide partial funding to local governments for additional sworn law enforcement officers; and, WHEREAS, the COPS office has awarded the City of Chula Vista grant funding under this program and acceptance of the grant will increase sworn count by 7 officers; and, WHEREAS, the City agrees to provide the local match required by the grant and retain officers after the grant has ended; and, NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Chula Vista does hereby: 1) accept the Team Policing Report and recommendation to add 6 Officers and 1 Lieutenant for Team Policing, training, and to improve response times in the east; 2) Accept the COPS Universal Hire program grant to partially fund the additional Officers over a three-year period and appropriate $21,614 in unanticipated revenue for salaries and benefits; 3) Amend the FY 00 - 0'1 Police budget to add I Lieutenant and 6 Officers; and, 4) Appropriate revenues from State Cops '01 in the amount of $31,092 for salaries and benefits, training, and for related equipment, and $36,192 for a vehicle from DIF. Presented by: Approved as to form by: Richard P. Emerson John M. Kaheny ~J Police Chief City Attorney ATTACHMENT "A" IS ON FILE IN THE CLERK'S OFFICE  I~ INFORMATION MEMORANDUM CHUIA Vlb"l'A Tuesday, March 27, 2001 TO: Honorable Mayor and City Council VIA: David D. Rowlands, C~'ii~ Manager FROM: Michael T. Meacham, Special Operations Manager SUBJECT: Proposed Purchase of Transmission Lines Staffwould like to provide some information and perspective that will help clarify why the decision regarding the ownership and operation of transmission lines may have important energy policy implications. There are two primary reasons being reported for the potential purchase of the transmission system. First, to prevent the potential bankruptcy of SCE and PG&E, the state has proposed to purchase that portion of the statewide transmission system owned by the utilities for approximately 3 to 3.5 billion dollars each. San Diego Gas and Electric's transmission lines are also part of the system that the state is proposing to purchase, but the purchase of their lines has not been described as part of an attempt to prevent the utilities from entering bankruptcy. Under that scenario, the transmission lines would be the public's return or collateral for that investment with each company, the "incumbent utilities." The second reason for the state to consider owning and managing the operation of the transmission system is to potentially enhance how efficiently and effectively power is moved within the state and within the western U.S. power grid for the purpose of eliminating the need for managed "rolling brownouts," or system failure, which would result in unmanaged "blackouts." By taking ownership of the system, the state would potentially be able to insure that the maintenance and upgrades not previously done by the utilities would be done in the future. It should be noted that under the old regulatory design that guaranteed the incumbent utilities a return of cost plus limited profits, the state Public Utilities Commission had the role and at least some authority for assuring that the incumbent utilities built and maintained a reliable and well-maintained system. In either case, staff agrees that it would be prudent to get more information about the market value of the system and the projected costs for upgrading and maintaining the system before making a decision that intentionally or unintentionally triggers that commitment. The agreements to purchase the transmission system negotiated by the state would, according to reports, pay each of the incumbent utilities approximately 3 times the book value for their portion of the transmission system. Staff is not aware of any public information about the estimated "market value" of the transmission system or its components. It has also been reported that it will cost at least another billion dollars to upgrade and expand the transmission system to serve the state's needs. Purchase of Transmission System March 27, 2001 Page 2 If the purchase of the system is to assist the incumbent utility companies in avoiding bankruptcy and continuing to operate, more of the focus would appropriately be placed on determining a fair market value of the system and what type of debt relief the utilities expect to offset or ease rate payer surcharges and rate increases. If the primary purpose for purchase of the system is to insure "reliability," then in addition to a fair purchase price, the focus of information gathering should be on determiniffg the cost of that upgrade and maintenance and determining how that will effect rate payers. An upgraded and well-maintained transmission system is a key element in reducing or eliminating the possibility of rolling "brownouts" and blackouts in San Diego County. In a perfectly balanced system, transmission capacity would allow San Diego to import the electricity it needs during peak periods and allow local generators the flexibility to export the electricity the region does not need during off-peak hours. The upgrade and maintenance is sure to cost more and likely to increas~rates. The question is how much more reliable will the system be, and how much more will it cost. In the next few weeks, Council will participate in a workshop that will consider a variety of options for addressing the critical energy problems facing our residents and businesses. Reliability, supply, demand, economic and environmental impacts are all part of the energy equation that will be discussed at the workshop. An upgraded and well-maintained transmission system is an important factor in any future consideration the Council may entertain regarding municipalization. Staff believes that it is important to keep all options open that may allow Council to better manage or reduce impacts to local residents and businesses, including the need to participate in developing a countywide solution to reliability, which includes transmissioi~. RESOLUTION NO 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA OBJECTING TO THE STATE'S CURRENT PROPOSAL TO BUY TRANSMISSION LINES OF PACIFIC GAS AND ELECTRIC, SOUTHERN CALIFORNIA EDISON, AND SAN DIEGO GAS AND ELECTRiC UNTIL ADDITIONAL INFORMATION REGARDING THE PROPOSED PURCHASE CAN BE OBTAINED AND ANALYZED WHEREAS, the City of Chula Vista is concerned about the increasing impact of energy rates and availability to our residents and businesses; and WHEREAS, the City of Chula Vista is concerned about recent actions being thken and proposed to be taken to resolve the energy crisis in the State; and WHEREAS, the State, up to this point, has not provided the information necessary to allow stakeholders to make informed judgments regarding the proposal to purchase transmission lines from Pacific Gas and Electric, Southern California Edison, and San Diego Gas and Electric; and WHEREAS, the City of Chula Vista is increasingly concerned about the impact that the energy crisis and proposed State actions will have on the City of Chula Vista, the San Diego region and the State economy, which will impact our ability to provide the necessary local services and infrastructure to our constituents; and WHEREAS, the City of Chula Vista has a number of unanswered questions about the purchase of the transmission lines including the value of the system, possible windfall benefits to the utilities, long-term costs associated with maintenance and required improvements to the system, the manner in which the State will operate and charge for use of the system, and the proposed acquisition's place in an overall State strategy. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby object to the State's current proposal to buy transmission lines of Pacific Gas and Electric, Southern California Edison, and San Diego Gas and Electric until additional information regarding the proposed purchase can be obtained and analyzed BE IT FURTHER RESOLVED that this position be communicated to the Governor and the State Legislature. Presented by Approved as to form by' Shirley Horton t~o hn IV~Kaheny Q.~.~\ [ '~ '~'" Mayor ~ey ASSOCIATION OF GOVERNMENTS 401 B Sires4, Suite BOO San Diego, CA 92101 (6~ g) 595~ FAX TRANSMITTAL FORM Date: lvIarch 26, 2001 To: SA~DAG Boa.rd Members Fax Number: See Attached list From: Bob Parrott Subjec~ Sample Resolution No. Pages: 3 (inclose, rig tzansmittal page) To Reply~ Tel~hone: (619) 595-5328 Fax: (619) 595-5605 At i~ March 23. 2001 m~etmg, the Board of Directors of the San Diego A~soci~tion of Coverrmaents {$ANDAG) unanimomly approved a resolutkm opposing the State's proposal tv acquire transmio.~ion lines trom San Diego Gas & Electric, Southern California Edison, and Pacific Gas & Electric. This oppot, itiov, is based upon the lack of information received regarding the proposal and other actions being tt~k~n to resalve the energy crisis irt tile state. SANDAG Board also asked staff to dist~ibute a sample resolution for fl~e cities a. nd County for their individual consideration, That sample resolution i~ following. H you have any questions, please call me or Mike McLaughlin at 619/595-5373, SANDAO BOARD AND ADVISORY LIAISON MBMBBRS FAX LIST Mar:.h 2001 JURISDICTION NAME FAX NUMBER City of Carlsb~ Couneilmomber Ramona Fiamla (760) 720-9461 City of Chula Vista Mayor Shirley Horton (619) 476-5379 City. of Coronado Mayor Tom Smisek (619) 4374)371 City of Del Mar Councilmember Richard Earnest (888) 886-6390 City. of E1 Cajon Councilme, mber Dick Ramos (619) 593-8052 City. of Encinihas Mayor Dennis Holz (760) 633-2627 City of Escondldo Mayor Lori Holt Pfeiler (760) 741-7541 City of Imperial Beach Mayor Diane Rose (619) 429-9770 City of La Mesa Mayor Art Madrid (619) 462~7528 City of Lemon Grove Mayor Mary Teresa Sessom (619) 460-3716 City of National City Councilmemb~r Ron Morrison (619) 336-4327 City of Oc,anside Mayor Terry Johnson (760) 966-4436 City of Poway Mayor Mickey Cafagna (858) 679-4226 City of San Diego Mayor Dick Mmphy (619) 236-7154 City of San Diego Coun¢ilmember Byron Wear (619) 236..6996 City of San Mar¢os Councilmember Hal Martin (760) 7,M--7543 Ci~' of Samce Couneilm,mbcr Jack Dale (619) 562-0649 City. of Solana Beach Councilmember Joe Kellejian (858) 792-6513 City of Vista Mayor Gloria McClellan (760) 639-6132 County of San Diego Supervisor Bill Horn (619) 685-6555 Department of Defense Captaiu Gary Engle (619) 532-3830 CaltralLs Gary Oallegos (619) 686-3122 Pon Comamssion Jess Van D~vent~r (619) 477-10B6 San Diego County Water Authority John Fowler (619) 291-4165 Mi'DB I.,con Williams (619) 231-3407 NCTD Councilmember Julianne Ny?ard 060) 720-9461 SAMPLE RESOLUTION A RESOLUTION BY [INSERT CITY/COUNTY] OPPOSING THE STATE PROPOSAL TO BUY TRANSMISSION LIiNr~S OF PACIFIC GAS .4~ND ELECTRIC, SOUTHERN CAI.T~ORNIA EDISON, AND SAN DIEGO GAS AND ELI~TRIC Wii~OUT NECESSARY 12ql~ORMATION AND A COMPREHENSIVE STATE ENERGY STRATEGY WI-IEREAS, the [INSERT CIT~/COUNTY] is concerted over the m~s~ ~pact of ~ rates ~ avaflab~ to o~ residers ~d b~esses; and ~L ~e [~SERT ~/~ ~ ~m~ about re~t acfi~ be~ ~en to ~lve ~e ~er~ ~;~ ~ the Sta~; ~d ~R~L ~e [~SERT CI~/CO~ ha~ become ~crea~y ~n~med by ~e app~ent ~b~ of ~ S~te ~o pro.de ~d con.cam/ea~ble sh~ and long-~m solu~ons to ~e ~ msis fang ~ [INSERT ~/CO~, ~e San ~go C~o~; ~d CI~/CO~ n~s~ for ~ to ~e ~med judg~ p~e ~ssio~ hnes ~d o~r en~gy r~d a~om by ~e S~; ~ad W~S, ~e I~$~T ~Y/COUN~] is ~eas~y c~ a~ut ~e ~pact ~hat ~e ~er~ ~ ~ Mve ~ ~ ~S~T ~TY/CO~T~ ~ S~ Diego ~ ~d the !~te ~onomy, essay ~v~ ~ S~'s prop~ de~t w~ w~ ~paa o~ abffi~ ~ pr~de n~c~' 1~1 s~ces ~d ~c~ to o~ co~en~; and I~L ~e ~S~T CITY/CO~} ~s a nm~r o~ ~we~ ques~om abou~ the p~e of ~ ~sion ~es ~d~ suba~a~ of ~ u~s (esSay ff lease ba~ wi~ ~ ~d o~ c~; NOW ~O~ BE ~ ~L~D ~t the [~S~T ~/CO~ ~q-~a ~s~ l~es ~ Parc Gas ~d Elea~c, Sou~ Oali~a E~son. md ~ Dle~ G~ ~d ~e~c ~ut ~' ~a~ and BE ~ ~'R~R ~L~D ~ ~ p~on be co~cated to PA~ED ~ A~g'i'~D ~ [INSERT DATE], A RESOLUTION BY THE CITY OF CHULA VISTA OPPOSING THE STATE PROPOSAL TO BUY TRANSMISSION LINES OF PACIFIC GAS AND ELECTIC, SOUTHERN CALIFORNIA EDISON, AND SAN DIEGO GAS AND ELECTRIC WITHOUT NECESSARY INFORMATION AND A COMPREHENSIVE STATE ENERGY STRATEGY WHEREAS, the City of Chula Vista is concerned over the increasing impact of energy rates and availability to our residents and businesses; and WHEREAS, the City of Chula Vista is concerned about recent actions being taken to resolve the energy crisis in the State; and WHEREAS, the City of Chula Vista has become increasingly concerned by the apparent inability of the State to provide and communicate feasible short and long-term solutions to the energy crisis facing the City of Chula Vista, the San Diego region and the State of California; and WHEREAS, the State, up to this point, has not provided the information to the City of Chula Vista necessary for us to make informed judgments regarding the proposal to purchase transmission lines and other energy related actions by the State; and WHEREAS, the City of Chula Vista is increasingly concerned about the impact that the energy crisis will have on the City of Chula Vista, the San Diego region and the State economy, especially given the State's propensity to balance budget shortages to our detriment which will impact our ability to provide necessary local services and infrastructure to our constituents; and WHEREAS, the City of Chula Vista has a number of unanswered questions about the purchase of the transmission lines including the cost of the system, inappropriate subsidization of the utilities (especially if lease backs are involved), long-term costs associated with maintenance and other costs: NOW THEREFORE BE IT RESOVLED that the City Council of the City of Chula Vista opposes the State proposal to acquire transmission lines of Pacific Gas and Electric, Southern California Edison, and San Diego Gas and Electric without necessary information and a comprehensive State energy strategy; and BE IT FUTHER RESOLVED that this position be communicated to the Governor and the State Legislature PASSED AND ADOPTED THIS TWENTY-SEVENTH DAY OF MARCH, 2001