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Home My WebLink AboutAgenda Packet 2001/07/10 CITY COUNCIL AGENDA July 10, 2001 6:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista CI'IY OF CHUIA 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 17 or Chula Vista Cable Channel 47 ~EI/rJE¡) ;fEût}4/I?/ENÕ/f71tlA/J {)¡V ìïfY17-S #~ #/0, # //. AGENDA July 10, 2001 6:00 P.M. CALL TO ORDER ROLL CALL: Councilrnembers Davis, Padilla, Rindone, Salas, and Mayor Horton. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION OF A PROCLAMATION TO THE EMPLOYEE OF THE MONTH, BOB BLACKWELDER, PROGRAMMER! ANALYST (MANAGEMENT AND INFORMATION SERVICES) . PRESENTATION OF A PROCLAMATION TO MARIE CRUZ, PRESIDENT OF THE PACIFIC ISLANDER FESTIVAL ASSOCIATION, PROCLAIMING JULY 14 AND JULY 15, 2001 AS PACIFIC ISLANDER FESTIVAL DAYS . PRESENTATION BY DAVID PALMER, DEPUI:Y CITY MANAGER, OF A CIVIC CENTER BRANCH LIBRARY 25TH ANNIVERSARY COMMEMORATIVE CALENDAR 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 busines~ ¿$~ ~ J.I-()~I ¡?A. 1. APPROVAL OF MINUTES June 5 June l1~fune 13, and June 19, 2001. . . 1I-~~1 Þ4\f1;S4~ StaffrecommendatlOn: Council approve tlie mmutes. 2. WRITTEN COMMUNICATIONS A. Letter ftom the City Attorney stating that he disclosed during Open Session on June 19, 2001 that he was authorized to file a petition with the California Energy Commission over approval of RAMCO Unit 2, and to the best of the his knowledge, ftom observance of actions taken in Closed Session, there were no other actions taken which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. AGENDA July 10, 20016:00 P.M. CALL TO ORDER ROLL CALL: Councilmembers Davis, Padilla, Rindone, Salas, and Mayor Horton. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · PRESENTATION OF A PROCLAMATION TO THE EMPLOYEE OF THE MONTH, BOB BLACKWELDER, PROGRAMMER/ANALYST (MANAGEMENT AND INFORMATION SERVICES) · PRESENTATION OF A PROCLAMATION TO MARIE CRUZ, pRESIDENT OF THE PACIFIC ISLANDER FESTIVAL ASSOCIATION, PROCLAIMING JULY 14 AND JULY 15, 2001 AS PACIFIC ISLANDER FESTIVAL DAYS · pRESENTATION BY DAVID PALMER, DEPUTY CITY MANAGER, OF A CIVIC CENTER BRANCH LIBRARY 25TM ANNWERSARY COMMEMORATIVE CALENDAR 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. hems pulled by the public will be the first items of business. 1. APPROVAL OF MINUTES of June 5, June 11, June 12, June 13, and June 19, 2001. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that he disclosed during Open Session on June 19, 2001 that he was authorized to file a petition with the California Energy Commission over approval of RAMCO Unit 2, and to the best of the his knowledge, from observance of actions taken in Closed Session, there were no other actions taken which are required under the Brown Act to be reported. Staffrecommendation: The letter be received and filed. B. Letter from K. Niek Slijk, on behalf of the residents on the west side of Vista Nacion, requesting that the City adopt an ordinance prohibiting the planting of vegetation or the building of structures which would impede the scenic view of Chula Vista. Staff recommendation: The request be denied. C. Memorandum from Councilmember Rindone requesting an excused absence for the meeting of July 17, 2001, when he will be out of town on City business. Staff recommendation: The request be granted. 3. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE ZON1NG MAP ESTABLISHED BY SECTION 19.18.010 OF THE MUNICIPAL CODE BY REZONING FRIENDSHIP PARK FROM C-O (ADMINISTRATIVE AND PROFESSIONAL OFFICE ZONE) TO P-Q (PUBLIC/QUASI-PUBLIC ZONE) (SECOND READING AND ADOPTION) This City-initiated request would rezone Friendship Park from C-O (Administrative and Professional Office Zone) to P-Q (Public/Quasi-Public Zone) for the purpose of reflecting the existing land use of the property. The rezoning would be consistent with the General Plan, bring the property into compliance with Title 19 of the Municipal Code, and amend the Zoning Map. The proposed p-Q zone classification includes public parks as a permitted use. This ordinance had its first reading on June 19, 2001. (Director of Community Development) Staff recommendation: Council place the ordinance on second reading for adoption. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING FUNDS, TRANSFERRING FUNDS, ACCEPTING BIDS AND AWARDING CONTRACT FOR THE SEWER REHABILITATION PROGRAM- PHASES IX & X (PROJECT SW-222), AND AUTHORIZING STAFF TO INCREASE VALUE OF CONTRACT TO EXPEND ALL AVAILABLE FUNDS FOR THIS PROJECT (4/5THS VOTE REQUIRED) On June 6, 2001, the Director of Public Works received sealed bids for the sewer rehabilitation program, phases IX & X (Project SW-222). The work to be done includes the replacement of existing broken sewer mains and laterals, installation of pipe lining to repair cracked sewer lines, repairing sewer manholes, replacement of sewer manhole rings and lids, installing new 8" Sewer main and 4" laterals, installing new sewer manhole and sewer cleanout, trenching, and asphalt concrete pavement on various locations in the City. The work also includes all labor, material, equipment, tools, transportation, mobilization, traffic control, removal and disposal of existing improvements, protection and restoration of existing improvements, and other miscellaneous work necessary for the project. (Director of Public Works) Staffrecommendation: Council adopt the resolution. Page 2 - Council Agenda 07/10/01 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE LOCAL STREETS PAVEMENT RESURFACING (PROJECT STL-274) On May 9, 2001, the Director of Public Works received sealed bids for the local streets pavement resurfacing project (Project STL-274). The work to be done includes the application of rubberized emulsion aggregate slurry seal, crack sealing, and other miscellaneous items of work, and all labor, material, equipment, and transportation necessary for the project. (Director of Public Works) Staffrecommendation: Council adopt the resolution and award the contract for $215,000 to American Asphalt Repair & Resurfacing Co., Inc. of Fontana, California. 6 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE LOWEST RESPONSIVE BIDS AND AWARDING CONTRACTS FOR THE RENOVATION AND EXPANSION WORK ASSOCIATED WITH THE FUTURE PUBLIC WORKS OPERATIONS FACILITY AND CORPORATION YARD, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDER TO PROFESSIONAL SERVICES INDUSTRIES, INC. FOR $119,622 ASSOCIATED WITH THE CONSTRUCTION OF THE PUBLIC WORKS OPERATIONS FACILITY AND CORPORATION YARD AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SAID CHANGE ORDER Adoption of the first resolution will accept the lowest responsive bids and award three contracts for award, covering some of the remaining trade work associated with the construction of the Corporation Yard project. The total value of the three contracts is $264,230. Adoption of the second resolution will approve a change order to Professional Services Industries, Inc. for $119,622 covering additional steel fabrication and welding inspection and testing services associated with the construction of the Public Works Operations Facility and Corporation Yard. (Director of Public Works) Staff recommendation: Council adopt the resolutions. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EXTENDING THE AGREEMENT FOR CITYWIDE STREET SWEEPING SERVICES WITH CANNON PACIFIC SERVICES ON A MONTH-TO-MONTH BASIS FOR NOT MORE THAN THE PERIOD OF JULY 1, 2001 TO DECEMBER 31, 2001 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT On November 7, 2000, Council authorized the award of a street sweeping agreement with Cannon Pacific Services (Cannon). Cannon was the second lowest respondent to a request for proposals in 1997. Cannon agreed to meet the terms of the initial agreement with modifications, including an increase in total miles to be swept, a monthly credit to the City for free disposal, and a consumer price index adjustment. Cannon also offered a significant improvement in equipment and schedule that staff believes has resulted in significantly better service to residents and businesses. Staff is requesting that Council authorize the extension of the current agreement with Cannon on a month-to-month basis for a maximum of six months. The extension will provide staff the time needed to complete the new bid process. (Special Operations Manager) Staff recommendation: Council adopt the resolution. 07/10/01 Page 3 - Council Agenda 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. 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 ~ll out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING PARTICIPATION IN THE LEASE-PURCHASE PROGRAM The goal of the lease-purchase program is to assist homebuyers earning up to 140% of the area-median income who might have credit issues or not enough money for the down payment and closing costs required to purchase a home in a standard purchase transaction. (Director of Community Development) Staff recommendation: Council adopt the resolution. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL ENVIRONMENTAL iMPACT REPORT (FEIR), ADOPTING THE FINDINGS OF FACT, APPROVING THE CONSTRUCTION OF THE FIRST PHASE OF THE SALT CREEK GRAVITY SEWER INTERCEPTOR The Salt Creek gravity sewer interceptor is a 12.5-mile sewer pipeline currently being designed to serve the developments within the Salt Creek Basin. In addition, this trunk line will also convey flows from the Poggi Canyon and the Wolf Canyon trunk sewers. Since this facility will ultimately serve three of the four basins in the eastern portion of the City, this sewer line is a major component of the development planning for the eastern portion of the City. As part of the environmental review process to analyze potential environmental impacts resulting from the construction of this facility, an Environmental Impact Report was prepared for the project. This document was reviewed by the Planning Commission on June 13, 2001, and, upon completion of its review, the Commission determined that the Final Environmental Impact Report (FEIR) was complete and recommended that Council certify the FEIR and adopt the Findings of Fact. (Director of Public Works) Staff recommendation: The item be continued to the Council Meeting of July 17, 2001. Page 4 - Council Agenda 07/10/01 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. 10. CONSIDERATION OF THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT (EIR-01-01) AND ITS ATTENDANT ADDENDUM, CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS OF FACT, STATEMENT OF OVERRIDING CONSIDERATIONS AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE EASTLAKE III REPLANNING PROGRAM Pursuant to the California Environmental Quality act, a Subsequent EIR has been prepared £or the EastLake III project that analyzes the environmental impacts of the proposed project. Council action on the certification of the Subsequent EIR must be taken prior to action on the EastLake III project. The Subsequent EIR for EastLake III must be considered by the Council in making the decision on the project. (Director of Planning and Building) Staff recommendation: Open the Public Hearing and continue the item to the Council Meeting of July 17, 2001, for consideration of the following resolution: R~SOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT (FEIR 01-01) FOR THE EASTLAKE III WOODS AND VISTAS REPLANNING PROGRAM WITH ITS ATTENDANT ADDENDUM; MAKING CERTAIN FINDINGS OF FACT; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS; AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 11. CONSIDERATION OF APPROVAL OF GPA-01-07, PCM-01-26, AND PCM-00-19, APPLICATIONS FILED BY THE EASTLAKE COMPANY INVOLVING 1,030 ACRES KNOWN AS EASTLAKE III, 455 ACRES KNOWN AS THE EASTLAKE TRAILS, AND 108 ACRES KNOWN AS THE "SOUTHERN LAND SWAP" PARCEL The applications filed by The EastLake Company request approval of the third and final development phase of EastLake, which involves two residential neighborhoods known as the Woods and Vistas, and an elongated shaped lot referred to as the "panhandle" parcel. The Woods and Vistas, combined, encompass 748 acres, with a capacity for 2,061 dwelling units and support land uses such as parks, schools, recreation trails, a fire station, open space and other amenities. The proposed land plan redistribut? the same land uses and residential densities previously adopted for this area m a more comprehensive and detailed land plan. The rearrangement of land uses and changes in densities and permitted number of dwelling units require an amendment to the City's General Plan and the existing EastLake III General Development Plan, as well as adoption of a new Sectional Plarming Area (SPA) plan to provide development parameters and design standards. The applications also include amendments to the parameters and design standards, and to the existing Eastlake II General Development Plan, EastLake Greens and EastLake Trails SPA plans, and associated regulatory 07/10/01 Page 5 - Council Agenda documents to modify the adopted Comprehensive Affordable Housing Program and Community Purpose Facilities Master Plan. (Director of Planning and Building) Staff recommendation: Open the Public Heating and continue the item to the Council Meeting of July 17, 2001, for consideration of the following ordinance and resolution: A. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICT MAP FOR 748 ACRES, COMMONLY KNOWN AS THE EASTLAKE III SECTIONAL PLANNING AREA (SPA) PLAN, LOCATED EAST OF THE EASTLAKE BUSINESS CENTER AND SALT CREEK OPEN SPACE CORRIDOR, BETWEEN THE FUTURE ALIGNMENT OF PROCTOR VALLEY ROAD AND OLYMPIC PARKWAY B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE CHULA VISTA GENERAL PLAN, EASTLAKE II AND III GENERAL DEVELOPMENT PLANS, EASTLAKE GREENS AND EASTLAKE TRAILS SECTIONAL PLANNING AREA (SPA) PLANS, ADOPTING A NEW SECTIONAL PLANNING AREA PLAN AND ASSOCIATED REGULATORY DOCUMENTS FOR 748 ACRES, KNOWN AS EASTLAKE III, AND LOCATED EAST OF THE EASTLAKE BUSINESS CENTER AND THE SALT CREEK OPEN SPACE CORRIDOR, BETWEEN THE FUTURE ALIGNMENT OF PROCTOR VALLEY ROAD AND THE SOUTHERN END OF WUESTE ROAD ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 12. CITY MANAGER'S REPORTS A. Scheduling of meetings. 13. MAYOR'S REPORTS A. Ratification of reappointments to the following boards, committees and commissions: · Charter Review Commission - Barbara McAllister, David Potter · Child Care Commission - Debora Munoz, Helga Rindone · Civil Service Commission - Frank Chidester · Commission on Aging - Martha Doiron · Cultural Arts Commission - A1 Gore · Design Review Committee - Alfredo Araiza, Peter Morlon · Economic Development Conunission - Dan Hom, Nate Rubin, Robert Villareal · Board of Ethics - Juan Gonzales · Growth Management Oversight Commission - Rafael Munoz · Housing Advisory Commission - Theresa Ahamed, Joanne Clayton · Library Board of Trustees - Tris Hubbard · Mobilehome Rent Review Committee - Edmond LaPierre (Ex-officio), Thomas Teagle · Planning Commission - Russ Hall, Kevin O'Neill Page 6 - Council Agenda 07/10/01 · Resource Conservation Commission - Charles Bull, Teresa Thomas · Safety Commission - Bob McAllister · Veterans Advisory Commission - Stephen Milikan B. Consideration of designation of a voting delegate and alternate for the annual League of California Cities conference to be held in Sacramento, September 12 through September 15, 2001. 14. COUNCIL COMMENTS CLOSED SESSION 15. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6 · City Negotiator: City Manager · Employee Organizations: Chula Vista Employees Association 16. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION pURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) · One case 17. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION pURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) · City of Chula Vista v. Bamhart Construction (SDSC GIS 3859) ADJOURNMENT to the Regular Meeting of July 17, at 6:00 p.m. in the Council Chambers. 07/10/01 Page 7 - Council Agenda TO: The Honorable Mayor and City Council FROM: David D. Rowlands, Jr., City Manager . SUBJECT: City Council Meeting of July 10, 2001 This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, July 10, 2001. Comments regarding the Written Communications are as follows: 2A. Letter from the City Attorney stating that he disclosed during Open Session on June 19, 2001 that he was authorized to file a petition with the California Energy Commission over approval of RAMCO Unit 2, and to the best of the his knowledge, from observance of actions taken in Closed Session, there were no other actions taken which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. 2B. Letter from K. Niek Slijk, on behalf of the residents on the west side of Vista Nacion, requesting that the City adopt an ordinance prohibiting the planting of vegetation or the building of structures which would impede the scenic view of Chula Vista. Staff Recommendation: Staff would not recommend the creation of a view vegetation ordinance. Although many jurisdictions have considered such an ordinance very few have done so for the following reasons: 1) There is questionable and little legal support for the city enforcing vegetation view protection between two private citizens. 2) Trees and other vegetation continue to grow. This necessitates the need for constant monitoring/enforcement. 3) This is better handled as a civil matter between proper~y owners. This can occur in two ways: · When a citizen receives notice of a pending development, the concerned party can meet with the applicant in an effort to make their concerns known before the project and associated landscaping is constructed/installed. · Another way that views can be protected is through private view easements which are agreed upon by the private parties (normally through some financial consideration). The city is not a party to these agreements and is not responsible for enforcement. 2C. Memorandum from Councilmember Rindone requesting an excused absence for the meeting of July 17, 2001, when he will be out of town on City business. Staff recommendation: The request be granted. CHUtA VISI'A OFFICE OF THE CITY ATTORNEY Date: June 20, 2001 To: The Honorable Mayor and City Council From: John M. Kaheny, City Attorney ~ Re: Report Regarding Actions Taken in Closed Session for the Meeting of 6/19/01 The City of Chula Vista met in Closed Session on 6/19/01 to discuss: · CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C} One case · CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) Miller v. City of Chula Vista (SBSC GIS 5987) Tuchscher Development Enterprises, Inc. v. City of Chula Vista (SDSC GIC 758620) The Redevelopment Agency of the City of Chula Vista met in Closed Session on 6/19/01 to discuss: · CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Assessor Parcel Nos. 568-270-03; 568-270-11 (approximately 2.85 acres located at the southeast corner of Fourth Avenue and F Street) Negotiating City Council/Redevelopment Agency (Sid Morris/Chris Parties: Salomone) and Chula Vista Center (Robert Caplan) 276 FOURTH AVENUE · CHULA VISTA · CALIFORNIA 91910 · (619) 691-5037 · FAX (619)~1~409'5825 The Honorable Mayor and City Council June 20, 2001 Page Two Under Negotiations: Price and terms for acquisition The City Attorney disclosed in open session that he is authorized to file a petition with the California Energy Commission over approval of RAMCO Unit 2. The City Attorney hereby reports to the best of his knowledge from the observance of actions taken in the Closed Session in which the City Attorney participated, that there were no other reportable actions which are required under the Brown Act to be reported. JMK: lgk J~\Attorney\LETTER\CLOSED SESSION NO Reportable. CITY OF CHULA VISTA May 14,2001 MAY 2 t 2001 COUNCIL OFFICES CHULA VISTA, CA The Honorable Mayor and Members of the City Council City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Re: The theft of a view When a theft occurs at ones house the evidence of the missing item or items are immediate. In addition there are laws covering theft of property. When a view is taken it goes slowly, almost imperceptibly over a number of years. In addition there are no laws or ordinances in the city of Chula Vista that prohibits the theft of a view. Enclosed are a number of photographs which describes better than words what has happened to the residents on the west side of Vista Nacion, who at one time had one of the most spectacular views in the South Bay area of the Pacific Ocean, Point Loma, Coronado Bay Bridge as well as dowmown San Diego, When the development west of Lynnwood Hills started, a considerable amount of grading was done locating the newly constructed homes on Horizon View Drive 40 feet below the back fences of the residence on the west side of Vista Nacion. This assured the homeowners on Vista Nacion that the new development would not block their view. We are totally perplexed therefore that the landscape architect of the developer planted a miniature forest on the top section of the slope. These 30 to 40 foot tall trees most effectively and totally block the beautiful views once enjoyed by the homeowners on the west side of Vista Nacion. The surprising part of this situation is that this most unkind and distinct unneighborly act was done, according to your Planning Department, by one of the finest and most respected developers in San Diego County, the McMillen Corporation. We do hold the McMillen Corporation in high esteem and they have over the years proven to be one of the finest developers and most sensitive to community needs. Unquestionably this was a snafu created by either a most unqualified landscaper or by one who carried a grudge and we are convinced the McMillen Corp. never intended to plant a view blocking miniature forest. In order to avoid furore thetis of this nature we respectfully request the city of Chula Vista to create an ordinance that would prohibit the erection of structures or the plaming of vegetation that would block the scenic view of the residents. We will be most grateful ifa copy of such an ordinance, when passed could be mailed to US. Very truly yours, Signed in behalf of the homeowne st(on the west side of Vista Nacion. K. Nick Slijk 4450 Vista Nacion Chula Vista, CA 91910 c.c. Supervisor Greg Cox The McMillan Corp. BEFORE A~ ER AF'FER Page 1 of I PLEASE NOTE, THE MINIATURE FOREST IS ENTIRELY ON THE SLOPE file://C :~vly DocumemsLMy PhotosXMVC-017S.JPG 1/3 0/01 THE AERIAL PHOTOGRAPH CLEARELY SHOWS THAT THE TALL TREES ARE LOCATED ENTIRELY ON THE SLOPE. June 29th, 2001 MEMO TO: The Honorable Mayor and City Coun~ //~r.._~ ~ FROM: Jerry R. Rindone, Councilme ~N~~____~a~-~ SUBJECT: REQUEST FOR EXCUSED ABSEN~g.~' I will be out of town on Tuesday, July 1Z~h, 2001 on City business. To that end, I respectfully request an excused absence from our regular business meeting of July 17'~. Thank You. Cc: City Manager City' Attorney City Clerk AN ORDINANCE OF THE CITY COUNCI CHULA VISTA AMENDING THE ZONING ~ ESTABLISHED BY SECTION 19.18.010 OF THE MUNICIPAL CODE BY REZONING FRIENDSHIP PARK FROM C-O (ADMINISTRATIVE AND PROFESSIONAL OFFICE ZONE) TO P-Q (PUBLIC/QUASI- PUBLIC ZONE). WHEREAS, a duly verified application for a rezone was filed with the City of Chula Vista Planning Department; and WHEREAS, the application requests approval to rezone Friendship Park from C-O (Administrative and Professional Office Zone) to P-Q (Public/Quasi-Public Zone) for the purpose of reflecting the existing land use of the subject property and achieving consistency with the General Plan; and WHEREAS, the Planning and Environmental Manager has determined that the project is exempt from the California Environmental Quality Act pursuant to Section I5061(b)(3); and WHEREAS, on June 13,200 l, the Planning Commission voted to recommend that the City Council approve the rezoning in accordance with Resolution PCZ-01-03; and WHEREAS, the City Clerk set the time and place for a hearing on said rezoning application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the property at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely on June 19, 2001 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE, the City Council of the City of Chula Vista docs hereby find, determine, and ordain as follows: SECTION l: The rezoning provided for herein is consistent with thc City of Chula Vista General Plan and is supported by public necessity, convenience, general welfare, and good zoning practice. SECTION 1I: The City of Chula Vista Zoning Map is hereby amended to rezone the subject property, known as Friendship Park, as shown on Exhibit A, from C-O (Administrative and Professional Office Zone) to p-Q (Public/Quasi-Public Zone). SECTION II1: This ordinance shall take effect and be in full force the 30th day from its adoption. Presented by Approved as to form by Chris Salomone Director of Commanity Development (J2tly Attorney EXHIBIT A LOCATION CHULA VISTA CIVIC CENTER _ I BRARY ' ~ ' F' STRE~E_TT SHOPPING CENTER CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT THE CITY OF CHULA VISTA PROJECT DESCRIPTION: ^~Euc~ REZONE PROJECT FRIENDSHIP PARK ^DDRESS: Request: The proposed rezone of Friendship Park from C-O (Admin/Professional Offices) to P-Q (Public/Quasi-Public SCALE~ FILE NUMBER: NORTH No Scale PCZ-01-03 ~\f? -~- """ 01Y OF CHULA VISTA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM July 10,2001 TO: The Honorable Mayor and City Council FROM: John Lippitt, Director of Public Works f(IV SUBJECT: Item #4 on 7/10/01 Agenda No repair sites this year are within the Montgomery district. The sites are selected in order of priority by the Public Works Operations sewer maintenance section based on maintenance problems and T.V. inspections. J:IEngineerlAGENDAlinfo SW222.doc COUNCIL AGENDA STATEMENT Item t~ Meeting Date: 7/10/2001 ITEM TITLE: Resolution Appropriating funds, transferring funds, accepting Bids and Awarding Contract for the "Sewer Rehabilitation Program-Phases IX & X in the City of Chula Vista, CA (SW-222)" Project and authorizing staffto increase value of contract to expend all available funds for this project. SUBMITTED BY: Director of Public Work~,~ ~/~ REVIEWED BY: City Manage (4/Sths Vote: Yes x~No_) On June 6, 2001, the Director of Public Works received sealed bids for the "Sewer Rehabilitation Program-Phases IX & X in the City of Chula Vista, CA (SW-222)" Project. The work to be done includes the replacement of existing broken sewer mains and laterals, install pipe lining to repair cracked sewer lines, reline/repair sewer manholes, replacement of sewer manhole rings and lids, install new 8" sewer main and 4" laterals, install new sewer manhole and sewer cleanout, trenching, and asphalt concrete pavement on various locations in the City of Chula Vista. The work also includes all labor, material, equipment, tools, transportation, mobilization, traffic control, removal and disposal of existing improvements, protection and restoration of existing improvements, and other miscellaneous work necessary for the project. The location and type of work to be done is shown in Tables A, B & C (Attachment A). RECOMMENDATION: That Council appropriate $160,425.00 from Sewer Facilities Funds, transfer of $120,000.00 from SW-220 to SW-222, accept bids and Award the Contract for the "Sewer Rehabilitation Program-Phases IX & X in the City of Chula Vista, CA (SW-222)" Project to Insituform Technologies, Inc., in the amount of $435,125.00, and authorize staff to increase value of contract to expend all available funds for this project. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Funds for this project were budgeted in the FY 1999-2000 and FY 2000-2001 Capital Improvements Program (CIP) Budget for the sewer rehabilitation program. The work shall be designated as Sewer Rehabilitation Program Phases IX & X. Based on the result of the inspection, including those performed ~vith a closed circuit television camera, a rehabilitation of existing sewer lines and manholes are needed. Certain access areas identified by the Public Works Operations Division require replacement (shaft, ring and cover). Certain sections of cracked pipe need to be replaced, repaired or relined to prevent groundwater infiltration or leaching of raw sewage into the ground. Page No. 2, Item__ Meeting Date: 7/10/2001 The general scope of the project involves the replacement of existing broken sewer mains and laterals, install pipe lining to repair cracked sewer lines, reline/repair sewer manholes, replacement of sewer manhole rings and lids, install new 8" sewer main and 4" laterals, install new sewer manhole and sewer cleanout, trenching, and asphalt concrete pavement. The work also includes all labor, material, equipment, tools, transportation, mobilization, control of sewage flows, installation of root barrier, traffic control, removal and disposal of existing improvements, protection and restoration of existing improvements, and other miscellaneous work necessary for the project. Engineering staff prepared plats, specifications, and advertised the project. Staff received and opened bids on June 6, 2001. The City received bids from five contractors as follows: CONTRACTOR BID AMOUNT 1. Insituform Technologies, Inc. Benicia, California. $435,125.00 2. BRH-Garver, Inc. SanDiego, California $436,019.00 3 Roberts Engineering Escondido, California. $448,432.30 4. Jimenez, Inc., DBA MJC Const.-Chula Vista, California. $464,564.00 5. Pullman Engineering, Inc. San Diego, California. $506,012.00 The iow bid by Insituform Technologies, Inc. is below the Engineer's estimate of $519,866.00 by $ 84,741.00 or approximately 16%. Staff's bid estimate was based on average prices for similar type of work completed during the last two years. Engineering staff checked the references provided by the contractor. Insituform Technologies, Inc. done other work for the City and that work have been satisfactory. All references were verified and their work has been satisfactory. Staff has reviewed the low bid and is recommending awarding the contract to Insituform Technologies, Inc. of Benicia, Califomia. 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 (Minor Alterations of Existing Public Improvements or Public Structures). Page No. 3, Item Meeting Date: 7/10/2001 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 $435,125.00 B. Contingencies (15%) $65,300.00 C. Staff Costs (Design & Inspection) $80,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $580,425.00 FUNDS AVAILABLE FOR CONSTRUCTION A. Sewer Funds (73300-7999/2601222733) SW-222 $300,000.00 B. Transfer of Sewer Funds (73300-7999/2609220733) SW-220 $120,000.00 to (73300-7999/2601222733) SW-222 C. Appropriation of Funds from Sewer Facilities Funds to SW-222 $160,425.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $580,425.00 The appropriation of$160,425.00 from Sewer Facilities Funds to SW-222 was due to the closing of previous projects SW-215 and SW-900. The balance from these projects that is being transferred to SW-222 was returned to the Sewer Facilities Funds. Upon completion of the project, the improvements will require only routine City sewer maintenance. Attachments: Contractor's Disclosure Statement Tables A, B & C File No. 0735~I0-SW220A CVM:cvm J:\Engineer\DESIGN\Sw220\SW220A-A 113CM.doc X: AIl3 .Z~220A AII3XM.AOX i 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 information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. 2. If any person* identified pursuant to (1) above is a corpemtion or partnership, list the names of all individuals with a $1000 investment in the business (co~>oration/partnership) entity. 3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor oftbe trust. 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. Insltuform Technologies, 'nc. ~6 6100 E. Second l~reet I~:~qo~',~u~ n~v.',.,,a:)~r~co~vrv~c"ns w22o-^.ooc PO Box 519 5. Has any person* associated with this contract had any financial dealings with an official..*~.ofthe City of Chula Vista as it relates to this contract within the past 12 months? Yes No 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 th.e past twelve (12) months to a current member of the Chula Vista City Council? Yes No .~ 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 made conlributions 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 Yas, which 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 ~ If Yes, which official** and what was the nature of item provided? [I/A Signature o Conh~-~tor/Applicant Print or type name of Cbntractor/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, other subdivision, -or other or combination acting as a unit. or political any group ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member ora board, commission, or committee of the City, employee, or staff members. 27 T0dm01 ies, Inc, H:mOME~q-GiNEER~ADMiNx, CONTRACT~SW220.A.DOC 5'1110 E. ~ POBoxS 9 RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING FUNDS, TRANSFERRING FI/NDS, ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "SEWER REHABILITATION PROGRAM-PHASES IX AND X IN THE CITY OF CHULA VISTA, CA. (SW- 222)" PROJECT; AND AUTHORIZING STAFF TO INCREASE VALUE OF CONTRACT TO EXPEND ALL AVAILABLE FUNDS FOR THIS PROJECT WHEREAS, on June 6, 2001, the Director of Public Works received the following five sealed bids for "Sewer Rehabilitation Program-Phases IX and X in the City of Chula Vista, CA (SW-222)" Project: Contractor Bid kmount Insituform Technologies, Inc. - Benicia, Ca. $435,125.00 BRH-Garver, Inc. - San Diego Ca. $436,019.00 Roberts Engineering - Escondido, Ca. $448,432.30 Jimenez, Inc., DBA MJC Const.-Chula vista, Ca. $464,564.00 Pullman Engineering, Inc. - San Diego, Ca. $506,012.00 WHEREAS, the low bid from Insituform Technologies, Inc. is below the Engineer's estimate of $519,866 by $84,741 or 16% and Insituform Technologies, Inc. has previously performed work for the City which has been satisfactory; and WHEREAS, staff has reviewed the low bid and is recommending awarding the contract to Insituform Technologies, Inc.; and WHEREAS, no prevailin9 wage requirements were necessary as part of the bid documents and no special minority or women owned 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; and WHEREAS, the Environmental Review Coordinator has reviewed the work involved in this project and has determined that this project is categorically exempt under Class 1, Section 15301 (b) of the California Environmental Quality Act (Minor Alterations · of Existing Public Improvements or Public Structures). NOW, THEREFORE, BE IT RESOLVED that the city Council does accept bids and award the contract for "Sewer Rehabilitation Program-Phases IX and X in the City of Chula Vista, CA (SW-222)" Project to Insituform Technologies, Inc. in the amount of $435,125.00. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said contract on behalf of the City of Chula Vista. BE IT FURTHER RESOLVED that the amount of $160,425.00 is hereby appropriated from Sewer Facilities Funds and the amount of $120,000.00 is hereby transferred from SW-220 to SW-222. BE IT FURTHER RESOLVED that staff is authorized to increase the value of the contract· to expend all available funds for this project. Presented by Approved as to form by John P. Lippitt John/M. Kaheny ~ Director of Public Works Ci~Attorney J:\attorney~reso\sewer rehab bid 2 ~If? -...- 01Y OF CHULA VISTA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM July 10, 2001 TO: The Honorable Mayor and City Council FROM: John Lippitt, Director of Public Works ~ SUBJECT: Item #5 on 7/l0/01 Agenda Attached is a summary of the project streets that are in the Montgomery district. The resurfacing treatment being used is "Flex Seal", which is preventative maintenance and normally best for newer streets. Not many streets in the Montgomery district qualify for this maintenance technique. J:\EngineerIAGENDA\info stl274.doc LOCAL STREETS PAVEMENT RESURFACING (STL-274) ... -- MINOR--- PLAT! LOCATION I FLEX SEAL CRACK NO. I I' r;;mm-;-iENGrii----- -- __n- --"LLlNG- ,NO. STREET FROM TO, m> " (/ii> ! AREA ,-'-Q n, I , ' v." , , -- I" IWILLIAMAVENUE IORANGEAV PALOMARST ! 341 550 18700.1.- YES-I! ",CRANNAVENUE IORANGEAV PALOMARST 34, 425' 14450 : ~--L-------~L-- - -------- - - --+ ' -- i ., ¡WEISSER WAY ; NAPLES ST EAST END I 34, 827' 28118r-- i ,,:NlCKMANSTREET 'FOURTHAV 'FIFTHAV 34~ 45050 -- I ~ I ¡ ---t Montgomery Area: 106,318 SF : Total City Flex Seal Program: t,546,470 SF Ratio Mont/City: 0.07 COUNCIL AGENDA STATEMENT Item Meeting Date: 7/10/01 ITEM TITLE: Resolution Accepting bids and awarding contract for the "Local Streets Pavement Resurfacing in The City of Chula Vista, California (STL-274)" Project. SUBMITTED BY: Director of Public Works~/~ REVIEWED BY: ~ty ~wanager . ~;,- (4/Sths Vote: Yes No X ) On May 9, 2001, the Director of Public Works received sealed bids for the "Local Streets Pavement Resurfacing in The City of Chula Vista, California (STL-274)" Project. The work to be done includes the application of rubberized emulsion aggregate slurry seal (REAS), crack sealing, and other miscellaneous items of work, all labor, material, equipment, and transportation necessary for the project. RECOMMENDATION: That Council accept bids and award the contract for the "Local Streets Pavement Resurfacing in The City of Chula Vista, California (STL-274)" Project to American Asphalt Repair & Resurfacing Co., Inc. of Foutana, California for $215,000.00. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On October 13, 2000, cities statewide were issued grants by the State Controller under a $400 million program as grants provided by Assembly Bill 2928 (AB2928). The City of Chula Vista's share of AB2928 "Traffic Congestion Relief Allocation" funding for FY2000-01 was $1,242,511.31. These monies must be used only for street and highway pavement maintenance, rehabilitation and reconstruction of necessary associated facilities such as drainage and traffic control devices. On December 12, 2000, the City Council passed Resolution 2000-461 appropriating $1,242,511.31 in unanticipated revenue from the State of California, AB2928 "Traffic Congestion Relief Allocation" funds for the purpose of funding three new CIP Projects for FY2000-01. AB-2928 contains a provision that requires that all monies be expended by June 30, 2002. One of the projects is the "Local Streets Pavement Resurfacing - citywide". This project (STL- 274) was approved by the City Council in the amount of $250,000. The scope of work under this project is to apply a Rubberized Emulsion Aggregate Slurry Seal (REAS) to citywide local streets. Slurry seals are applied to streets that are still in acceptable condition as a preventative maintenance measure. REAS seals provide long-lasting protection by sealing pavement against water infiltration, oxidation, and ultraviolet rays. REAS can extend the life of pavement by five to seven years if done before pavement distress occurs. Page 2, Item Meeting Date: 7/10/01 Engineering staff prepared plats, specifications, and advertised the project. Staff received and opened bids on May 23, 2001. The City received bids from two (2) contractors as follows: CONTRACTOR BID AMOUNT 1. American Asphalt Repair and Resurfacing Co. Inc. - Fontana, California. $280,510.00 2. California Pavement Maintenance Company, Inc. Sacramento, California. $286,938.75 The low bid by American Asphalt Repair and Resurfacing Co., Inc. is below the Engineer's estimate of $316,820.00 by $36,310.00 or approximately 11%. Engineering staffhas verified the references provided by the contractor and their work has been satisfactory. American Asphalt Repair has done similar work for the City and their work has also been satisfactory. At the time when Engineering staff prepared the list of streets, another REAS CIP project (STL-252) was under construction. The bid unit prices from that project were used as basis to prepare cost estimates for this project. The original Engineer's estimate, including contingencies, was just above the available fixnds. At the same time when the project was advertised, fluctuation on the asphalt price market was evident. Due to the uncertainty as to how the asphalt prices would affect the project's unit prices, staff decided not to remove streets from the scope of work list, but wait for the bid proposals and adjust the scope of work accordingly. The contract documents' special provisions state, that if the bids received are higher than the available funds, the City shall decrease the quantities in the proposal to match available monies. Before the bid opening date, an updated Engineer's estimate was prepared using higher unit prices, resulting in a revised estimate of $316,820.00. Because the low bid received is above the $250,000 available funds for this project, some locations on the low priority list will have to be postponed for another year. Staff has reviewed the low bid and recommends awarding the contract for $215,000.00 to American Asphalt Repair & Resurfacing Co., Inc. of Fontana, California. Disclosure Statement Attachment "B" is a copy of the contractor's Disclosure Statement. Environmental Status The Environmental Review Coordinator has reviewed the proposed Local Streets Pavement Resurfacing Project (STL-274) and has determined that the project is exempt pursuant to CEQA - Section 15301, Class l(c) (Existing facilities). Page 3, Item Meeting Date: 7/10/01 Wage Statement Contractors bidding this project are not required to pay prevailing wages to persons employed by them for the work under this project. FISCAL IMPACT: FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount (American Asphalt Repair) $215,000.00 B. Contingencies (approximately 5%) $10,000.00 C. Staff Costs (Design & Inspection) $18,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $243,000.00 A. AB2928FUNDS AVAILABLE FOR CONSTRUCTION $243,000.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $243,000.00 Upon completion of the project, the improvements will require only routine City street maintenance. Attachments: A. Table: Scope of work. B. Contractor's Disclosure Statement. J:\Engineer~DESIGN\STL274\STL274 Al 13.doc APPENDIX "A" LOCAL STREETS PAVEMENT RESURFACING (STL-274) MINOR LOCATION FLEX SEAL Cr~ACK srmrrr fROM ro ~,-- Am ~, TOYON LANE "E" ST lEAST END 34 424 14416 CASITAS COURT FIRST AV EAST END 28 400 11200 YES .INDA LANE SHASTA ST SOUTH END 34 225 7650 YES CORTE HELENA AVENUE WHITNEY ST SOUTH END 34 250 8500 WHITNEY STREET FIRST AV EAST END 34 590 20060 GARDEN PLACE "K" ST EAST END 34 475 16150 BEECH AVENUE HALSEY ST NORTH END 34 300 10200 nSH ~SEY~T NORTIf END . 34 300 i0200 YES SHY LANE FIFTH AV EAST END 34 618 21012 WILLIAM AVENUE ORANGE AV PALOMAR ST 34 550 18700 YES CKANN AVENUE ORANGE AV PALOMAR ST 34 425 14450 SKYHILL COURT FLOYD AV WEST END 34 250 8500 TRANQUILO LANE HILLTOP DR EAST END 32 898 28736 NICKMAN STREET FOURTH AV FIFTH AV 34 1325 45050 MISS1ON COURT EAST "J" ST WEST END 34 840 28560 HALLEY COURT DIAMOND DR EAST END 68 110 7480 SUNDROP COURT DIAMOND DR EAST END 68 110 7480 EQUINOX WAY DIAMOND DR EAST END 68 110 7480 DIAMOND DPdVE 696 DIAMOND DR SOUTH END 33 1473 48609 iSUNIX)WN [~NE E NAPLES ST F~SI END ,3~ t250 41250 I ~ IJNDAlq~ COI.~'RT ~DNDOWN LN EAST END 33 230 7590 RA!NBOW DRIVE ~UNDOWlq LN 8UNDOWnN LN 33 745 24585 ~$ TOTAl 2,089,493.00 3 of 3 '" · APPENDIX "A" LOCAL STREETS PAVEMENT RESURFACING (STL-274) PLAT LOCATION FLEX SEAL 1 t MARBELLA CIRCLE RIDGEBACK RD RIDGEBACK RD 34 1966 66844 1 :~ MARBELLA COURT MARBELLA CIR EAST END 34 379 12886 I 4 VIAARMADO [IAlqCHODELKEYPKWY EASTEND 34 117( 39984 It 5 POSITAS ROAD WEST END EAST END 34 1358 46172 I a FELINOWAY POSITAS RD EASTEND 34 615 20910 1 7 LA CRESCENTIA DRIVE VISTA MIR.&NDA EAST END 34 3477 118218 I s PATOS PLACE LA CRESCENTIA DR NORTH END 34 161 5474 It u DAMAS PLACE LA CRESCEbFFIA DR NORTH END 34 258 8772 1 u VIA LA PALOMA LA CRESCENTIA DR gOUTH END 34 174 5916 I n PERLAS COURT VIA LA PALOMA xlORTH END 34 72 2448 I ,~ ALMONTE PLACE LA CRESCENTIA DR ~ORTHEAST END 34 270 9180 ]AVENIDA DEL RET ~.BETO DR 34 2196 74664 1 1 ~s ALEJANDRA PLACE CALLE FLORECITA NORTHEAST END 34 124 4216 It t,, iOSEFINA PLACE CALLE FLORECITA NORTHEAST END 34 120 4080 1 2~ ROSITA COURT CALLE FLORECITA SOUTHF~.ST END 34 265 9010 It 24 ALAGRIA PLACE CIMA DEL RET NORTH END 34 337 11458 1 27 ABETO COURT ABETO DR WEST END 34 431 14654 I ~ ACERO PLACE ACERO ST NORTH END 34 305 10370 APPENDIX "A" LOCAL STREETS PAVEMENT RESURFACING (STL-274) PLAT LOCATION FLEX SEAL No. STREET FROM TO 2 ~ AVENIDA SOLARIA ~AMINO BISCAY NORTH END 34 326 11084 2 ~4 AVENIDA SOLARIA EAMINO BISCAY SoLrrH END 34 521 17714 2 ,~ CAMINO BISCAY EAST END RANCHO DEL KEY PKWY 34 2011 68374 2 ~, PLAZA SEV1LLE £AMINO BISCAY NORTH END 34 159 5406 2 ~ AVENIDA DE LA BARCA UAMINO BISCAY NORTH END 34 242 8228 2 ~s AVENIDA DE LA BARCA EAMINO BISCAY SoEvrH END 34 673 22882 2 ~ ,LAZA MIRODA EAMINO BISCAY NORTH END 34 451 15334 2 ,,~ CAMINO CATALONIA EALLE SANTIAGO WEST END 34 723 24582 2 4~ PLAZA CATALONIA CAMINOCATALONIA SOOTHEND 34 163 5542 2 42 CALLE CANDELERO EALLE SANTIAGO CORTE DE CERA 34 600 20400 2 4~ CORTE DE CERA EAST END SOUTH END 34 450 15300 2 ~ CORTE DE VELA CALLE CANDELERO EAST END 34 500 17000 2 ,~ DUORO DRIVE RANCHO DEL KEY PKWY IL~NCHO DEL KEY PKWY 34 1306 44404 2 ~, CARDONAAVENUE ~,ANCHODELREYPKWY EASTEND 34 642 21828 PKWY NORELLA ST 34 598 20332 3 ESLA DRIVE KANCHO DEL KEY 3 ~ NORELLA STREET ESLA DR RANCHO DEL KEY PKWY 34 1148 39032 3 ~9 MARCILLA WAY YERTN LN RANCHO DEL KEY PKWY 34 735 24990 3 ~o VERIN LANE SOUTH END WEST END 34 1755 59670 3 $~ kYAMONTE WAY VERIN LN RANCHO DEL REY PKWY , 34 731 24854 3 ~ MAZAGON LANE AYAMONTE WY CAZOKLA AY 34 530 18020 3 ~ ARGA PLACE MAZAGON LN SOUTH END 341 368 12512 3 ~ CAZOKLA AVENUE VERIN LN SOUTH END 34 630 21420 3 s~ WESTVIEW DRIVE TERRA NOVA DR PARKSIDE DR 34 1431 48654 VVESTVI EW PLACE WESTVIEW DR NORTH END 34 290 9860 3 3 s7 WESTVIEW COURT WESTVIEW DR SOUTHEAST END 34 128 4352 3 s~ PARESIDE DRIVE NORTH END HIDDEN VISTA DR 34 1430 48620 3 s~ PARKSIDE COURT PARKSIDE DR EAST END 34 441 14994 ,~ ~,o RICHMOND PARK PLACE BONITA KD NORTH END 34 368 12512 4 6~ RICHMOND PARK COURT RICHMOND PAJ~K PL EAST END 34 276 9384 4 cn PRIMROSE PLACE HILLTOP DR :EAST END 34 180 6120 4 c,3 MARIGOLD PLACE FLOWER ST SOUTH END 34 630 21420 ~ ca ROSEMARY PLACE FLOWER ST ~OUTH END 34 460 15640 2 of 3 ATTACHMENT "B" 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 information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all ~ individuals with a $1000 investment in the business (corporation/partnership) entity. 3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non,profit organization or as trustee or beneficiary or tmstor of the trust. 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. 14 CSFILE CABINET~WORD\STL274\STI274Contract.doc ATTACHMENT "B" l~: 5. Has any person* associated with this contract had any financial dealings with an official** oft City of Chula Vista as it relates to this contract within the past 12 months? Yes No 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 made 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 tc retire a legal debt, gift, loan, etc.) Yes __ .No )~x If Yes, which official** and what was the nature of item provided? Prini or type name df Contractbr/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 C:~'ILE CABINET~WORD\STL274\ST1274Contract.doc RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AIqD AWARDING CONTP~ACT FOR THE "LOCAL STREETS PAVEMENT RESURFACING IN THE CITY OF CHULA VISTA, CALIFORNIA (STL-274)" PROJECT WHEREAS, on May 9, 2001, the Director of Public Works received the following two sealed bids for the "Local Streets Pavement Resurfacing in the City of Chula Vista, California (STL-274)". Contractor Bid Amount American Asphalt Repair and Resurfacing Co. Inc. - Fontana, Ca. $280,510.00 California Pavement Maintenance Company, Inc. - Sacramento, Ca. $286,938.75 WHEREAS, the low bid by American Asphalt Repair and Resurfacing Co., Inc. is below the Engineer's estimate by $36,310.00 or approximately 11%; and WHEREAS, staff has verified the company's references and their work has been satisfactory; and WHEREAS, because the low bid received is above the $250,000 available funds for this project, some locations on the low priority list will have to be postponed for another year; and WHEREAS, staff has reviewed the low bid and recommends awarding the contract for $215,000.00 to American Asphalt Repair & Resurfacing Co.; and WHEREAS, contractors bidding this project were not ~equired to pay prevailing wages to persons employed by them for the work under this project; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed Local Streets Pavement Resurfacing Project and has determined that the project is exempt pursuant to CEQA Section 15301, Class l(c) (Existing facilities). 1 NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept the bids and award the contract to American Asphalt Repair and Resurfacing Co., Inc. of Fontana, Ca. in the amount of $215,000.00. 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 J?h~//~. Kaheny Director of Public Works C~ Attorney J:\attorney\reso[Local Streets Pavement Resurfacing COUNCIL AGENDA STATEMENT Item Meeting Date 07/10/01 ITEM TITLE: Resolution Accepting the lowest responsive bids and awarding contracts as designated for award on Exhibit "A", for the renovation and expansion work associated with the future Public Works Operations Facility and Corporation Yard and authorizing the City Manager to execute said contracts Resolution Approving Change Order to Professional Services Industries, Inc. for $119,622 associated with the construction of the Public Works Operations Facility and Corporation Yard and authorizing the City Manager or his designee to execute said Change Order SUBMITTED BY: Director of Public Work~ REVIEWED BY: City Manager ~-~'~ ¥~' ' .~.--- (4/5tbs Vote: Yes __ No X~ Approval of tonight's first resolution will accept the lowest responsive bids and award the three contracts designated for award on Exhibit "A", covering some of the remaining trade work associated with the construction of the Corporation Yard project. The total value of the three contracts is $264,230. The second resolution will approve a change order to Professional Services Industries, Inc. for $119,622 covering additional steel fabrication and welding inspection and testing services associated with the construction of the Public Works Operations Facility and Corporation Yard. RECOMMENDATIONS: That Council approve the resolutions: 1. Accepting the lowest responsive bids and award contracts as designated for award on Exhibit "A", for the renovation and expansion work associated with the future Public Works Operations Facility and Corporation Yard and authorize the City Manager to execute said contracts; and 2. Approving a Change Order to Professional Services Industries, Inc. for $119,622 for additional testing and inspection services associated with the construction of the Public Works Operations Facility and Corporation Yard and authorize the City Manager or his designee to execute said Change Order. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. Page 2, Item: ~ Meeting Date: 07/10/01 DISCUSSION: The Corporation Yard project involves the renovation and expansion of an existing facility that thc City intends to use as its future Public Works Operations Facility and Corporation Yard. The City is constructing this project through the Construction Manager Constructor (CMC) process through which thc City awards multiple individual contracts to each specific trade rather than to one general contractor. This has resulted in the City Council awarding more than thirty individual contracts since September of last year. The first resolution pertains to bids for the project, which covers voice and data wiring, site fencing, and security services. 1. Voice and Data Wiring; Award to Expancts, Inc. ($156,182.00) This specialty contract involves the demolition of existing and installation of voice data wiring, fiber-optic cabling, and voice data backbone cabling for the entire project. This specialty contract will include all thc required hardware, labor and equipment necessary for completing the telecommunications cabling, testing, documentation, and outlet termination f~om each workstation to the main telecommunications room. 2. Site Fencing; Award to Alcem Fence, Inc. ($63,048) This specialty contract is for site fencing to include installation of all chain link fencing, ornamental iron fencing and repair of existing fencing. The contract directs this specialty contractor to match existing ornamental iron with the areas to receive new wrought iron fencing. The contract also requires repair, as may be necessary, of all existing ornamental iron, chain link fences and gates. 3. After Hours Security Services; Safeguard Security, Inc. ($45,000) This contract is for on-site security during non-working hours. This is necessary duc to the large amount of equipment and machinery currently on-site at this remote location. The security company will provide unarmed security services at the construction site from date of execution to approximately the first of October 2001. Bid and Award Process for Set of Bids: In preparation for the public bid openings for thc projects, Highland Partnership, Inc., the City's Construction Manager Constructor, placed advertisements soliciting bids and solicited bids from contractors specializing in the specific trade being sought. Sealed bids were opened at Highland's offices in Chula Vista on May 17, 2001. The trades shown on Exhibit "A" and described above are being proposed for approval to award. Exhibit "A" includes the list of all contractors who submitted bids for thc work. Page3, Item: ~ Meeting Date: 07/10/01 Form of Agreement: Thc contracts will be let on the City's standard public works contract form. The City Attorney will approve the final form of thc contracts. 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 thc bid documents. Disadvantaged businesses were encouraged to bid through thc sending of the Notice to Contractors to various trade publications. Environmental Status: A Negative Declaration (IS-00-52) was prepared for this project pursuant to the provisions of CEQA. The Negative Declaration was adopted by the City's Redevelopment Agency on July 11, 2000. A Notice of Determination was posted in the Office of the County Clerk from July 19 through August 18, 2000. Change Order for Professional Services Industries, Inc. (PSI) for $119,622: In order to implement the highest level of construction quality, City staff requested more stringent testing and inspection methods of all the structural steel construction. This requirement will result in an increase of $64,295 to PSI's base contract of $89,382. Staff is also requiring PSI to provide continuous inspection at the steel fabrication shop to ensure that all work is completed in accordance with the approved standards and procedures. The steel fabrication shop inspection work will cost the City an additional $55,327. The new contract value including this change order will be $209,004. City staffis currently reviewing in detail all of the change orders and will be providing a report to the Council in the near future. However, as indicated, this change order is not associated with the construction items, but is necessary to ensure that the work being done is being done properly. FISCAL IMPACT: FUNDS REQUIRED FOR CONSTRUCTION A. Amount of contracts and change orders to be approved $ 383,852.00 B. Contingencies (5%) on contract awards only $ 13,212.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $ 397,064.00 / Page4, Item: ~ Meeting Date: 07/10/01 FUNDS AVAILABLE FOR CONSTRUCTION A. Appropriated Funds $21,699,409.00 B. Funds approved under previous sets of bids $18,468,416.00 C. Balance $ 2,833,929.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $ 397,064.00 On August 15, 2000 the City Council approved Resolution 2000-297 appropriating $23,951,213.00 in additional project funds on the new Corporation Yard Project. Approval of the first resolution would authorize the expenditure of $277,442.00 to cover the contract amounts and contingencies associated with all the contracts designated for award on Exhibit "A'. The construction budget appropriated by the City Council for this project was $21,699,409. The total v&lue of all the bids approved to date is $18,468,416. The second resolution approves a change order to Professional Services Industries, Inc. for $119,622 and increases PSI's base contract from $89,382 to $209,004. Attachments: Exhibit "A"- Bid Opening Report Contractors' Disclosure Statements File # 0735-10~GG131 J:\Engineer\AGENDA\CORPYARDAWARD6THA I 13-SMN-cls.doc EXHIBIT "A" CITY OF CHULA VISTA CORPORATION YARD PROJECT BID OPENING REPORT - May 17, 2001 May 17, 2001 Public Bid Opening as Noted Bid Trade/ Package Company Scope Amount Comments A.6 Alcem Fence Co. Fencing $56,800.00 Lowest Responsive A.6 American Fence Co. Fencing $71,552.00 A.6 Atlas Fence Co. Fencing $87,382.00 A.6 South Bay Fence Co. Fencing $73,078.00 0.1 ACI Communications Voice/Data & Fiberoptic $79,672.00 Withdrew 0.1 Expanets I nc Voice/Data & Fibemptic $141,984.00 Lowest Responsive 0.1 MasTec Voice/Data & Fiberoptic $109,314.00 Non-responsive 0.1 Saturn Electric, Inc. Voice/Data & Fiberoptic $174,000.00 Informal Bid Safeguard Security After Hours Property Security $45,000.00 Lowest Responsive Informal Bid Const. Protective Services After Hours Property Security $52,726.90 Informal Bid Wackenhut After Hours Property Security $53,352.41 Informal Bid So. Cal. Security Services After Hours Property Security $55,560.10 Bid Opening Report City of Chula Vista Corporation Yard 1 ~ ~ EXHIBIT "A" CITY OF CHULA VISTA CORPORATION YARD PROJECT BID OPENING REPORT - May 17, 2001 May 17, 2001 Public Bid Opening as Noted Bid Trade/ Package Company Scope Amount Comments A.6 Alcem Fence Co. Fencing $56,800.00 Lowest Responsive A.6 American Fence Co. Fencing $71,552.00 A.6 Atlas Fence Co. Fencing $87,382.00 A.6 South Bay Fence Co. Fencing $73,078.00 0.1 ACI Communications Voice/Data & Fiberoptic $79,672.00 Withdrew 0.1 Expanets Inc Voice/Data & Fiberoptic $141,984.00 Lowest Responsive 0.1 MasTec Voice/Data & Fiberoptic $109,314.00 Non-responsive 0.1 Saturn Electric, Inc. Voice/Data & Fiberoptic $174,000.00 Informal Bid Safeguard Security After Hours Property Security $45,000.00 Lowest Responsive Informal Bid Const. Protective Services After Hours Property Security $52,726.90 Informal Bid Wackenhut After Hours Property Security $53,352.41 Informal Bid So. Cal. Security Services After Hours Property Security $55,560.10 Bid Opening Repod City of Chula Vista Corporation Yard 1 ~ ~. ~ EXHIBIT "B" CITY OF CHULA VISTA CORPORATION YARD PROJECT FUTURE CONTRACTS TO AWARD AS OF JULY 10, 2001 Informal Bids Bid Trade/ Specialty Contract Package Company Scope Amount Informal Bid Earthguard Associates Pre-Fabricated Buildings 29,882.00 Bond 0,00 Total Contract Amount 29,882,00 Informal Bid Multiforce Systems Corporation Point of Sale Controller 17,137.00 Bond 0.00 Total Contract Amount 17,137.00 Informal Bid Pereira Plumbing Stainless Steel Piping 47,807.00 Bond 0.00 Total Contract Amount 47,807.00 Proposed Contracts to Award City of Chula Vista Corporation Yard I EXHIBIT "B" CITY OF CHULA VISTA CORPORATION YARD PROJECT FUTURE CONTRACTS TO AWARD AS OF JULY 10, 2001 Informal Bids Bid Trade/ Specialty Contract Package Company Scope Amount Informal Bid Earthguard Associates Pre-Fabricated Buildings 29,882.00 Bond 0.00 Total Contract Amount 29,882.00 Informal Bid Multiforce Systems Corporation Point of Sale Controller 17,137.00 Bond 0.00 Total Contract Amount 17,137.00 Informal Bid Pereira Plumbing Stainless Steel Piping 47,807.00 Bond 0.00 Total Contract Amount 47,807.00 Proposed Contracts to Award City of Chula Vista Corporation Yard I ~ ~ ~ EXHIBIT THE CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy I01-01, prior to any action upon matters which will require discretionary action by th~ Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownershi[' or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. Thc following information must be disclosed: 1. List the names of all persons having a financial interest in the property which is the subject of the application or thc contract, e.g., owner, applicant, contractor, subcontractor, material supplier. None 2. If any person* identified pursuant to (i) above is a corporation or partnership, list the nan]es of all individuals with a $1000 investment in the business (corporation/partnership) entity. None 3. If any person* identified pursuant to (I) above is a non-profit organization or trust, list the names of any perso~ serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. None 4. Please identify each and every person, including any agents, employees, consultams, or independent contractors who you have assigned to represent you before the City in this matter. q'c~rn ~'l ~i 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 co~tract within the past 12 months? Yes No XX Exhibit "K" Disclosure Statement Page i o[2 N/A 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 thc ChuIa Vista City Council? Yes No XX If yes, which Council Member(s)? 7. Have you or any member of your governing board (i.e. Corporate Board of Directors, Executives, non-profit Boartl of Directors) made contribution totaling more than $I.000 over the past four (4) years to a curreut member of thc Chula Visla City Council? Yes No XX If, yes, which Council Member(s)? 8. Have you provided more than $300 (or an item of equivalent value) to an office** of the City of Chula Vista in thc past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan. etc.) Yes No XX If yes, which Official(s) and what was the nature of the item provided? Signatur~ of Contractor/A~plicant Dale M. Hardy Print or Type Name of Contractor/Applicant * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city. municipality, district, or other political subdivision, or any other group or cmnbination acting as a unit. ** Official includes, but is not limited to: Mayor, Council Member, Planning Commissioner, Member of a Board, Commission o~ Committee of the City, Employee, or Staff Mdmbers. Exhibit "K" Disclosure Statemen£ Page 2 of 2 EXHIBIT "K" 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 thc Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownersbi7 or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. Th..: following information must be disclosed: I. List the names of all persons baying a financial interest in the property which is the subject of the application or thc contract, e.g., owner, applicant, contractor, subcontractor, material supplier. ALCEM FENCE COMPANY INC 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals wi[h a $1000 investment in tile business (corporation/partnership) entity. -- EUGENE A. CIOE~ PRESIDENT 5. If any person* identified pursuaot to (1) above is a non-profit organization or trust, list tile oames of any perso~ serving as directnr of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. 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. Ifas any persou* associated with tiffs contract had any financial dealings with an official** of the City of Cbula Vista as it relates to this contract within the past 12 months? Yes No X Exhibit "K" Disclosure Statement Page I of 2 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 thc Cbula Vista City Council? Yes No X If yes, which Council Member(s)? 7. llave you or any member ~)f your governing board (i.e. Corporate Board of Directors, Executives, non-profit Board of Directors) made contribution totaling more thun $1,000 over the past four (4) years to a current member of thc Chula Vista City Council? Yes No X . If yes, which Council Member(s)? ltave you provided more than $300 (or an item of equivaleut value) to an office** of the City of Clmla Vista in tlw past twelve (12) monlhs? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No X If yes, which Official(s) and what was the nature of the iteln provided'? Signatur~of Contractor/Applicant EUGENE A. CIOE Print or Type Name of Contractor/Applicant * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, or any other group or combination acting as a unit. *~ Official includes, but is not limited to: Mayor, Council Member, Planning Commissioner, Member of a Board, Commission o[ Committee of the City, Employee, or Staff Members. Exhibit "K" Disclosure Sta£ement Page 2 of 2 EXHIBIT "K" 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 information must be disclosed: 1. List the names of all persons having a 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 all individuals with a $1000 investment in the business (corporation/partnership) entity. 3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. 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. 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 Exhibit "K" Disclosure Statement ~_SECURITY~ /'/;3 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 If yes, which Council Member(s)? 7. Have you 0r any member of your governing board (i-e. Corporate Board of Directors, Executives, non-pr°fit B°ard of Directors) made contribution totaling more than $1,000 over the past four (4) years to a current member of the · Chula Vista City Council? Yes No If yes, which Council Member(s)? 8. Have you provided more than $300 (or an item of equivalent value) to an office** of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No If yes, which Official(s) and what was the nature of the item provided? Signature of Contractor/Ap~icant Print or Type Name of--C)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, Councd Member, Planning Commissioner, Member of a Bo~~r~ Committee of the City, Employee, or Staff Members. Exhibit "K' Disclosure Statement Page 2 of 2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY CHULA VISTA ACCEPTING THE LOWEST RESPONSIVE BIDS AND AWARDING CONTRACTS AS DESIGNATED FOR AWARD ON EXHIBIT "A", FOR THE RENOVATION AND EXPANSION WORK ASSOCIATED WITH THE FUTURE PUBLIC WORKS OPERATIONS FACILITY AND CORPORATION YARD AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS WHEREAS, the Corporation Yard Project involves the renovation and expansion of an existing facility that the City intends to use as its future Public Works Operations Facility and Corporation Yard; and WHEREAS, this Project is being constructed through the Construction Manager Constructor (CMC) process through which the City awards multiple individual contracts to each specific trade rather than to one general contractor; and WHEREAS, in preparation for the public bid openings for the project, Highland Partnership, Inc., the city's Construction Manager Constructor, placed advertisements soliciting bids from contractors specializing in the specific trade being sought; and WHEREAS, sealed bids were opened at Highland's offices in Chula Vista on May 17, 2001 for the project, which covers voice and data wiring, site fencing, and security services: 1. Voice and Data Wiring; Award to Expanets, Inc. ($156,182.00) This specialty contract involves the demolition of existing and installation of voice data wiring, fiber- optic cabling, and voice data backbone cabling for the entire project. This specialty contract will include all the required hardware, labor and equipment necessary for completing the telecommunications cabling, testing, documentation, and outlet termination from each workstation to the main telecommunications room. 2. Site Fencing; Award to Alcem Fence, Inc. ($63,048) This specialty contract is for site fencing to include installation of all chain link fencing, ornamental iron fencing and repair of existing fencing. The contract directs this specialty contractor to match existing ornamental iron with the areas to receive new wrought iron fencing. The contract also requires repair, as may be necessary, of all existing ornamental iron, chain link fences and gates. 3. After Hours Security Services; Safeguard Security, Inc. ($45,000) This contract is for on-site security during non-working hours. This is necessary due to the large amount of equipment and machinery currently on-site at this remote location. The security company will provide unarmed security services at the construction site from date of execution to approximately the first of October 2001. WHEREAS, 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; and WHEREAS, a Negative Declaration (IS-00-52) was prepared for this project pursuant to the provisions of CEQA and was adopted by the City's Redevelopment Agency on July 11, 2000. NOW, THEREFORE, be it resolved the City Council of the City of Chula Vista does hereby accept the lowest responsive bids and award contracts in the amount of $277,442.00 to cover amounts and contingencies associated with all the contracts designated for award on Exhibit "A", attached hereto, for the renovation and expansion work associated with the future Public Works Operations Facility and Corporation Yard. BE IT FURTHER RESOLVED that the City Manager of the City of Chula Vista is hereby authorized and directed to execute said contracts on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt Jc~n M. ~ ~' ah-ny Director of Public Works City Attorney 2 EXHIBIT "A" CITY OF CHULA VISTA CORPORATION YARD PROJECT BID OPENING REPORT - May 17, 2001 May 17, 2001 Public Bid Opening as Noted Bid Trade/ Package Company Scope Amount Comments A.6 Alcem Fence Co. Fencing $56,800.00 Lowest Responsive A.6 American Fence Co. Fencing $71,552.00 A.6 Atlas Fence Co. Fencing $87,382.00 A.6 South Bay Fence Co. Fencing $73,078.00 0.1 ACI Communications Voice/Data & Fiberoptic $79,672.00 Withdrew 0.1 Expanets Inc Voice/Data & Fiberoptic $141,984.00 Lowest Responsive 0.1 MasTec Voice/Data & Fiberoptic $109,314.00 Non-responsive 0.1 Saturn Electric, Inc. Voice/Data & Fiberoptic $174,000.00 Informal Bid Safeguard Security After Hours Property Security $45,000.00 Lowest Responsive Informal Bid Const. Protective Services After Hours Property Security $52,726.90 Informal Bid Wackenhut After Hours Property Security $53,352.41 Informal Bid So. Cal. Security Services After Hours Property Security $55,560.10 Bid Opening Report City of Chula Vista Corporation Yard 1 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CH2LNGE ORDER TO PROFESSIONAL SERVICES INDUSTRIES, INC. FOR $119,622 ASSOCIATED WITH THE CONSTRUCTION OF THE PUBLIC WORKS OPERATIONS FACILITY AND CORPORATION YARD AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SAID CHANGE ORDER WHEREAS, the Corporation Yard Project involves the renovation and expansion of an existing facility that the City intends to use as its future Public Works Operations Facility and Corporation Yard; and WHEREAS, this Project is being constructed through the Construction Manager Constructor (CMC) process through which the city awards multiple individual contracts to each specific trade rather than to one general contractor; and WHEREAS, a change order to Professional Services Industries, Inc. in the amount of $119,622 is necessary to cover additional steel fabrication and welding inspection and testing services associated with the construction of the Public Works Operations Facility and Corporation Yard. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Vista does hereby approve Change Order to Professional Services Industries, Inc. for $119,622 associated with the construction of the Public Works Operations Facility and Corporation Yard. BE IT FURTHER RESOLVED that the City Manager or his designee is hereby authorized to execute said change order on behalf of the City of Chula vista. Presented by Approved as to form by Director of Public Works ~ J:\Attorney\Corp Yard Chng Ord.doc COUNCIL AGENDA STATEMENT Item 7 Meeting Date 7/10/01 ITEM TITLE: Resolution Extending the Agreement for Citywide Street Sweeping Services with Cannon Pacific Services on a Month-to-Month Basis for not more than the period of July 1, 2001 to December 31, 2001 and authorizing the Mayor to Execute the Agreement. SUBMITTED BY: Special Operations Manager ~ REVIEWED BY: City Manager ~ ~¥~'~ (4/5ths Vote: Yes No x ) On November 7, 2000 the City Council authorized the award of a street sweeping agreement with Cannon Pacific Services (Cannon). Cannon was a respondent to an RFP process in 1997 and has agreed to continue to meet the terms of the initial agreement with modifications requested by the City including an increase in total miles to be swept, a monthly credit to the City for free disposal, and a consumer price index adjustment. Cannon has also provided a significant improvement in equipment and schedule that Staff believes has resulted in significantly better service to residents and businesses. Staff is requesting that Council authorize the extension of the current agreement (Attachment A) with Cannon Pacific on a month-to-month basis for a maximum of six-months. The additional time will provide Staff the time needed complete the new bid process. RECOMMENDATION: That City Council adopts the resolution extending the contract for citywide street sweeping services to Canon Pacific Services for the period of July 1, 2001 through December 31,2001. BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission received an update as part of the Conservation Program report regarding the change in contractors and increase in the sweeping schedule as it relates to a reduction in storm water system and urban run-off impacts. DISCUSSION: Thus far, Staff has used the current short-term agreement to develop a draft RFP and agreement (Attachments I and II). Staff has also used the time to develop a comprehensive list of new streets and distances for the bid process, to improve the coordination with solid waste collection, road construction and other development within the City and to begin to put the list on the City's GIS system. The comprehensive list will also allow the City to respond to inquiries regarding the sweeping schedule, increase public awareness and encourage residents to voluntarily park off street on street sweeping days, and develop a more complete request for proposals. The Special Operations Manager, Engineering, Public Works Operations and GIS have developed that list and developed a process to better communicate the addition of streets to the sweeping agreement as the Director of Public Works accepts them. Page 2, Item__ Meeting Date 7/10/01 Two of the major factors in extending a street sweeping RFP are fuel and disposal costs. Staff does not want to solicit bids for a multi-year agreement at a time when fuel costs are at their highest and bid responses are likely to be significantly higher than the current agreement. Staff is requesting the additional time to complete the RFP process, provide alternatives for fuel and disposal that will help reduce total costs while maintaining or improving current service levels. FISCAL IMPACT: The actual street sweeping costs for the 2000/2001 fiscal year are estimated to be approximately $250,000. Street sweeping costs for the 2001/2002 fiscal year have been estimated at $295,968 and include an estimate of the cost for sweeping additional new streets and related projects. Those costs were included in the annual budget adopted by Council. There is no additional impact to the general fund as a result of Council adopting StaWs recommendation and extending the currem agreement. Attachments Mtm:cannon-extension DRAFT AGREEMENT BETWEEN DRAFT CITY OF CHULA VISTA AND CLEAN SWEEP PARTNERS FOR STREET SWEEPING SERVICES This agreement ("Agreement"), dated 1st day of July, 2001 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 Contractor, 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 ("Contractor"), and is made with reference to the following facts: WITNESSETH WHEREAS, the City has solicited bids for street sweeping within and on the streets of the City of Chula Vista and on various City parking lots, as contained in "Bid #??-01/02 Street Sweeping Services for the City of Chula Vista" ("Bid"), available in the City Purchasing Office; and, WHEREAS, the Contractor has submitted to the City a bid to sweep the public streets and various City parking lots within the City limits, per the requirements of the Bid, and has thus made certain representations regarding length of time in business, financial strength, credit standing, cities served, equipment provided and qualified trained personnel, per its bid proposal, available in the City Purchasing Office; and, WHEREAS, the Contractor further warrants and represents that it is experienced and staffed in a manner such that it can prepare and deliver the services required of Contractor to City, all in accordance with the terms and conditions of this Agreement; and, WHEREAS, the City awarded the Bid to Contractor pursuant to the terms of this Agreement in reliance on such representations and warranties. NOW, THEREFORE, BE IT RESOLVED that the City and Contractor do hereby mutually agree as follows: 1. Contractor's Duties A. General Duties Contractor shall perform all of the services described on the attached Exhibit A, Mtm:stswp2001 .doc Agreement for 2001-2002 Street Sweeping February 2, 2001 Page 1 Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Contractor 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 fi.ames 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. Adjustments in Scope of Work At the City's sole discretion, streets and/or parking lots constructed or added after the effective date of this Agreement will be added to the "Scope of Work and Schedule", Paragraph 8, in Exhibit A at the applicable unit price compensation rate listed in Exhibit A, Paragraph 11, entitled "Compensation." The lengths represent the City's best measurement. Payment will be based on the quantities indicated with no adjustments except as provided in the bid specifications. Bidder is responsible for verifying and inspecting all measurements and conditions prior to submitting bid. Additionally, there will be no adjustment in the applicable unit price compensation rate listed in Exhibit A, Paragraph 11, entitled "Compensation." City may independently limit or suspend for a period of time determined by the City all or any portion of the Defined Services to be performed by the Contractor under this Agreement, upon written notice to the Contractor issued at the City's sole discretion. There will be no adjustment in the applicable unit price compensation rate listed in Exhibit A, Paragraph 11, entitled "Compensation." D. Additional Services In addition to performing the Defined Services herein set forth, City may require Contractor to perform other special street sweeping services related to the Defined Services ("Additional Services"), if they are within the scope of services offered by Contractor. Contractor shall perform same at the rates set forth in Exhibit A, Paragraph 11, Item H, entitled "Compensation." All compensation for Additional Services shall be paid monthly as billed. Mtm:stswp2001.doc Agreement for 2001-2002 Street Sweeping February 2, 2001 Page 2 E. Standard of Care Contractor, in performing any Services under this agreement, whether Def'med Services or Additional Services, shall perform in a manner consistent with that highest level of care and skill exercised by members of the profession currently working 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 coverage, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have A.M. Best's rating of no less than A:VII as set forth in Exhibit A, Paragraph 9. 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. Security for Performance (1) Performance Bond In the event that Exhibit A, at Paragraph 19, indicates the need for Contractor to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Contractor 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. (1) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Contractor to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Contractor shall provide to the Mtm:stswp2001 .doc Agreement for 2001-2002 Street Sweeping February 2, 2001 Page 3 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 Contractor 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. (2) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Contractor 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 Contractor 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 Contractor agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult with the Contractor for the purpose of reviewing the progress of the Defined Services therein contained, and to provide direction and guidance to achieve the objectives of this Agreement. In addition thereto, City agrees to provide the information set forth in Exhibit A, Paragraph 10, and with the further understanding that delay in the original provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Contractor's performance of this Agreement. B. Compensation Upon receipt of a properly prepared billing from Contractor submitted to the City periodically as indicated in Exhibit A, Paragraph 18, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Contractor for all services rendered by Contractor according to the terms and conditions set forth in Exhibit A, Paragraph 11. All billings submitted by Contractor shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, as indicated in Exhibit A, Paragraph 11 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 Agreement Mtm:stswp2001.doc Agreement for 2001-2002 Street Sweeping February 2, 2001 Page 4 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 it 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 - Enforcement Summary 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 Contractor 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 Contractor'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. City may assess liquidated damages against Contractor for unsatisfactory performance under the terms and conditions of this Agreement. A description of the actions or omissions that will result in damages and the monetary amount of damages corresponding thereto is attached hereto as Exhibit D "Enforcement Summary". 6. Financial Interests of Contractor Contractor is not designated as FPPC Filer. A. Decline to Participate Mtm:stswp2001.doc Agreement for 2001-2002 Street Sweeping February 2, 2001 Page 5 Regardless of whether Contractor is designated as an FPPC Filer, Contractor shall not - make or participate in making or in any way attempt to use Contractor's position to influence a governmental decision in which Contractor knows or has reason to know Contractor has a financial interest other than the compensation promised by this Agreement. B. Search to Determine Economic Interests Regardless of whether Contractor is designated as an FPPC Filer, Contractor warrants and represents that Contractor has diligently conducted a search and inventory of Contractor's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Contractor does not, to the best of Contractor's knowledge, have an economic interest which would conflict with Contractor's duties under this Agreement. C. Promise Not to Acquire Conflicting Interests Regardless of whether Contractor is designated as an FPPC Filer, Contractor further warrants and represents that Contractor 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. D. Duty to Advise of Conflicting Interests Regardless of whether Contractor is designated as an FPPC Filer, Contractor further warrants and represents that Contractor will immediately advise the City Attorney of City if Contractor learns of an economic interest of Contractor's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. E. Specific Warranties Against Economic Interests Contractor warrants and represents that neither Contractor, nor Contractor's immediate family members, nor Contractor's employees or agents ("Contractor 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. Contractor further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Contractor or Contractor Associates in connection with Contractor's performance of this Agreement. Contractor promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Mtm:stswp2001 .doc Agreement for 2001-2002 Street Sweeping February 2, 2001 Page 6 Contractor agrees that Contractor Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Contractor may not conduct or solicit any business for any party to this Agreement, or for any third party that may be in conflict with Contractor's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless - Consultant's indemnification of City includes any and all claims for damages, liability, cost and expense incurred as a result of Consultant's presence on or use of the City's Corporation Yard, located at 1800 Maxwell Ave, for parking vehicles, using the fueling station and/or the vehicle washing area. (This will need to be modified once we know more specifically what activities are going to do at the Corp Yard). Contractor shall defend, indemnify, protect and hold,harmless the City, its elected and appointed officers and employees, from and against all cla~ for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Contractor, 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. Contractor'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, Contractor 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. Contractor's indemnification of City shall not be limited by any prior or subsequent declaration by the Contractor. 8. Termination of Agreement for Cause If, through any cause, Contractor shall fail to fulfill in a timely and proper manner Contractor's obligations under this Agreement, or if Contractor 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 Contractor 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 Contractor shall, at the option of the City, become the property of the City, and Contractor 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 Contractor's breach. Unless within five (5) days after serving of such notice, a satisfactory arrangement is made for continuance, the Contractor shall be deemed in default and the Agreement shall be automatically terminated. If at fault, the Contractor and his/her surety shall be liable to the City for all damages as well as excess cost sustained by the City by reason of such prosecution and Mtm:stswp2001.doc Agreement for 2001-2002 Street Sweeping February 2, 2001 Page 7 completion by the City. Time shall be of the essence as to any action performed by the Contractor to correct conditions as set forth in this provision. In the event of termination, the City retains the right to purchase at fair market value the Contractor's equipment and/or vehicles. 9. Errors and Omissions In the event that the City Administrator determines that the Contractors' 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, Contractor 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 Contractor 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, Contractor 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. Contractor 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 Contractor are personal to the City, and Contractor shall not assign any interest in this Agreemem, 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 sub-consultants identified as "Permitted Sub-consultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Contractor 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 Mtm:stswp2001 .doc Agreement for 2001-2002 Street Sweeping February 2, 2001 Page 8 whole or in part, any such reports, 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 Contractor 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 Contractor's work products. Contractor and any of the Contractor'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 Contractor 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, Contractor 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 recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. 16. Statement of Costs Not applicable. 17. Miscellaneous A. Contractor not authorized to Represent City Unless specifically authorized in writing by City, Contractor shall have no authority to Mtm:stswp2001 .doc Agreement for 2001-2002 Street Sweeping February 2, 2001 Page 9 act as City's agem to bind City to any contractual agreements whatsoever. B. Contractor is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Contractor and/or its principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Contractor represents that neither Contractor, nor its 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 sero 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. 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. [end of page. next page is signature page.] Mtm:stswp2001 .doc Agreement for 2001-2002 Street Sweeping February 2, 2001 Page 10 Signature Page to Agreement between City of Chula Vista and R. F. Dickson Company, Inc. For Street Sweeping Services IN WITNESS WHEREOF, City and Contractor 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: John M. Kaheny, City Attorney Dated: Clean Sweep Partners, Inc., a California Corporation By:. R. Eli Able, President Mtm:stswp2001.doc Agreement for 2001-2002 Street Sweeping February 2, 2001 Page 11 Exhibit List of Agreement - (x) Exhibit A: Exhibit A to Agreement between City and Contractor · (x) Exhibit B: City of Chula Vista Schedule of Sweeping (x) Exhibit C: City of Chula Vista List of Parking Lots to be Swept Exhibit D: City of Chula Vista list of Streets by Class Exhibit E: Enforcement Summary Exhibit F: Tachographs Sample Exhibit G: Sample Monthly Payment Request Exhibit H: Sample Monthly Disposal Summary Exhibit I: List of Vehicles and Vin Numbers Mtm:stswp2001.doc Agreement for 2001-2002 Street Sweeping February 2, 2001 Page 12 Exhibit A to Agreement between City of Chula Vista and Clean Sweep Partners 1. Effective Date of Agreement: July 1, 2001 2. City-Related Entity: (x) City of Chula Vista, a municipal chartered corporation of the State of California ("City") 3. Place of Business for City: City of Chula Vista City Manager's Office - Special Operations Division 276 4m Ave, Admin. Chula Vista, CA 91910 4. Contractor: Clean Sweep Partners Attention: R. Eli Able, President 5. Business Form of Contractor: ( ) Sole Proprietorship (x) Partnership 0 Corporation 6. Place of Business, Telephone and Fax Number of Contractor: 711 Betterbusiness Way Chula Vista, California 91910 Voice Phone (800) 711-7711 After Hours Emergency Voice Phone (619) 711-1212 Fax Phone (619) 555-1212 Mtm:stswp2001 .doc Agreement for 2001-2002 Street Sweeping February 2, 2001 Page 13 7. General Duties: Contractor shall provide sweeping of City streets, center islands/medians, center lines and parking lots in accordance with the conditions stated herein, and in accordance with the schedules listed in Exhibits B, and C included herein. 8. Scope of Work and Schedule: The Scope of Work and Schedule contained herein is designed to establish an effective, efficient and safe system of street cleaning and parking lot cleaning that provides for the following intended purposes: Establish and maintain a continuous level of cleanliness of City streets in order to assure protection of the health, safety and welfare of the community. Clean City streets in a systematic and coordinated manner that compliments, solid waste collection and other City services, by use of a routing system that will improve current street cleaning practices while decreasing costs. Increase the collection of fines, sediment, particulate, debris and any other materials on the street to prevent them from entering the storm drain systein as much as possible. Utilizing the deficiency reports provided by the Contractor in conjunction with a reliable sweeping schedule, route maps, billing inserts, posting or other public education methods to increase public education and information for the purpose of encouraging residents to voluntarily park off the street during scheduled sweeping. A. Detailed Scope of Work: The Contractor shall in a manner consistent with that highest level of care and skill exercised by members of the profession clean all curbs, gutters, median curbs and painted islands, centerlines, road shoulders, turning lanes, alleys, cross gutters, intersection curb return areas and parking lots located in the City as designated in this Agreement in Exhibits B, C & D. Parking is not restricted for street sweeping purposes. The Contractor shall sweep around any vehicle on City streets in a safe manner and missing as little curb and/or gutter as possible. The streets and parking lots to be cleaned, and the frequency of cleaning are listed in Exhibits B and C. The lengths represent the City's best measurement. Payment will be based on the quantities indicated with no adjustments except as provided herein. Contractor is responsible for verifying measurements and inspecting all conditions prior to submitting their bid and starting work. The streets and parking lots to be cleaned are divided into the following categories: Mtm:stswp2001 .doc Agreement for 2001-2002 Street Sweeping February 2, 2001 Page 14 (1) Class A: Streets swept twice per month. (2) Class B: Streets swept once every week. (3) Class C: Streets swept twice per week. (4) Class D: Center islands and medians swept twice per month. (5) Class E: Center lines swept twice per month. (6) Class F: Non-curbed streets swept twice per month. (7) Class G: Parking lots swept once per month. (8) Class H: Other special sweeping requested by the City. B. Equipment Specifications and Maintenance: The type of street sweeping equipment used by the Contractor shall be shall consistent with that highest level of quality and performance currently available to the industry and shall be subject to the approval of the Special Operations Manager (Manager). Vehicles and equipment used to perform the services provided for herein shall be clean, and maintained in good mechanical condition at all times. In addition, the following shall apply: (I) Contractor shall use standard heavy-duty broom-type or regenetive air equipment that will clean the streets of the City of paper, wet leaves, dirt, rocks and debris. Vacuum type sweepers shall not be permitted except that small air or vacuum sweepers may be permitted, if approved by the City, in cleaning the parking lots only. The broom, brush or pick-up heads shall be applied with sufficient pressure to pick up said material in one pass. (2) The City requires use of at least three (3) street sweepers with one backup sweeper, unless Contractor demonstrates to City's satisfaction that some lesser equipment standard would adequately provide the services required by this Agreement. Sweepers will be new or less than one year old at the beginning of the Agreement. The average age of the fleet used including the back up sweeper shall not be more than 5 years of age at anytime during the initial term of the agreement and no sweeper shall be more than seven (7) years old at any time during the full term and all extensions. Certification shall be presented by the Contractor and approved by the Special Operations manager that any equipment over five years of age has been completely overhauled and/or rebuilt to the City's satisfaction. All vehicles shall meets the latest and best standard for vehicle air emissions, reduce sweeping particulate impacts and road safety. (3) All equipment shall meet or exceed the South Coast Air Quality Management Districts Rule 1186 for fugitive dust particulates of 10 microns (PM~0) or less, and the California Air Resources Board Standard for super ultra low emission vehicles (SULEV). Mtm:stswp2001.doc Agreement for 2001-2002 Street Sweeping February 2, 2001 Page 15 7-/'? (4) All equipment shall be equipped in accordance with existing State law, equipped with safety lighting and markings appropriate for slow-moving vehicles, and shall be equipped with a flashing light with the following characteristics: (a) Visible for a minimum of one mile. (b) Flash 60 to 90 times per minute. (c) Mourned for 360-degree visibility. (d) Equipped with amber lens. (5) Contractor shall thoroughly clean and wash all trucks at least once each week and shall otherwise keep them clean, neat and in sanitary condition at all times. All vehicles shall be field inspected by someone other than the driver on a regular basis but not less than quarterly for satisfactory service and leakage. All leaks discovered shall be immediately repaired. Mechanical brushes, brooms and pick-up heads shall be maintained in proper condition and shall be replaced as recommended by the manufacturer or when pick-up ability becomes impaired or does not meet the manufactures' stated performance standard as represented in the bid. All street sweepers shall be equipped with adequate water systems for dust control. Each vehicle shall at all times have in the cab the registration of the vehicle, certification of insurance card, and an identification card with the name of whom to telephone in case of an accident. Each vehicle shall be equipped with a five-pound fire extinguisher certified by the State fire marshal, as well as a two-way radio or comparable wireless telephone. Graffiti on any equipment shall be promptly removed. Clean Sweep partners shall exercise all reasonable care and diligence in sweeping so as to prevent spilling, scattering or dropping of waste or debris and shall immediately, at the time of know occurrence or upon notification clean up any spillage. (6) All street sweepers shall be equipped with a geographic positioning system (GPS) connection to the City with real time and monthly report capacity for each vehicle that indicates, date and time of service, vehicle identification and speed, broom or pick-up head down time, mileage and route backed up by the more simple tachograph system provided in Exhibit E- (7) Contractor shall provide any adequate support equipment including debris transfer vehicles, pickup trucks, service trucks, tire trucks, and any other item of equipment necessary to provide sweeping services as described in these specifications. (8) All equipment (including support equipment) to be used by the Contractor shall be subject to the inspection and final approval of the City. Such approval may require on-site demonstration of the capability of any proposed equipment. (9) Notice of Changes to Equipment. Contractor shall notify City prior to entering into any contract for the purchase or lease of any vehicle of a design or color not pre- Mtm:stswp2001 .doc Agreement for 2001-2002 Street Sweeping February 2, 2001 Page 16 approved by the City, or to changing the signage on same, and shall meet and confer with City in order to determine the appropriateness of same. (10) The City shall have the option to perform a complete inspection of all vehicles at any time throughout the term of the Agreement. Should any vehicle, when inspected, and in the determination of the City, not meet standards that the City feels are necessary to complete the Contract or to operate safely, the Contractor shall, at its cost, immediately bring such vehicle to standard before being placed back in service; however, during this repair time period, Contractor shall remain obligated to provide full service under this Agreement at no additional cost. (11) The City reserves the right over the life of this Agreement to reject any equipment for use for sweeping City streets. The Contractor shall furnish at no additional cost equipment satisfactory to the City. (12) Nothing herein shall preclude the Contractor from substituting other equal equipment occasionally for temporary purposes (up to 3 days) due to maintenance or other factors upon prior notice to the City. Any change in sweepers more frequent than once per month or more than three days shall be subject to the written approval of the Manager. At any time during the life of this Agreement, all equipment shall be available for inspection by the City upon 24-hour notification to the Contractor. (13) Equipment must have sufficient mufflers and other silencing devices to permit its operation within City noise standards (no more than 55 dba within 25 feet of a residence). All equipment shall be subject to City approval prior to use. C. Other Requirements: (1) The Contractor shall at no additional cost to the City place signs approved by the City on the street sweeping equipment used in the performance of the work, which signs shall be visible from both sides and the rear of the vehicle and shall read "Under Contract to the City of Chnla Vista," In letter of at least 4 inches in height. (2) The Contractor shall maintain an office within San Diego County, or provide an 800 telephone number, staffed by a responsible representative for receipt of requests from 8:00 a.m. to 5:00 p.m., Monday through Friday, not including approved holidays. The Contractor shall provide a list of names and phone numbers of supervisory personnel who can be contacted on a 24-hour basis to respond to emergency needs. The Contractor for the life of the Agreement shall keep this list current. (3) The Contractor shall maintain, at its own expense, an adequate maintenance and storage facility, located in San Diego County, to maintain and store the Contractor's equipment inventory. Contractor shall provide documentation for maintenance work that is contracted by providing the name and address of the contracted maintenance facility, the type of work contracted and the length of the contract. The City may provide a location for parking sweepers and access to vehicle washing facilities used for this Agreement at its Corporate yard located at 1800 Maxwell Rd in Chula Vista (The site is under construction and may not be Mtm:stswp2001 .doc Agreement for 2001-2002 Street Sweeping February 2, 2001 Page 17 available until fall of 2000). The use of the facility does not include use of the site for any - mechanical repairs. The Contractor's use of the site is subject to all local, state and federal law regarding vehicles. If the Deputy Director of Public Works/Operations determines that the Contractor has abused their use of the site, breached site security or otherwise improperly used or failed to care for the site the Contractor's use shall be cancelled without appeal and such cancellation shall not constitute a change in rate charged the City. The City, subject to local and state law may provide the Contractor with refueling ability at the Corporate yard or other City site. The City will meet and confer with the Contractor to develop an agreement to provide fuel and pursue any licensing necessary that may be advantageous to both parties. Such final agreement shall be at the mutual agreement of both parties. (4) The Contractor shall provide the name of a contact person and phone number for use by the Manager or Designee in case of routine questions relating to the Agreement, sweeping days and times, new street additions and resolution of citizen complaints. (5) Employees: Contractor shall provide top quality service by industry standards, including competent, qualified and sober personnel who serve the public in a courteous, helpful and impartial manner. Subject to all applicable law, and the provisions of collective bargaining agreements negotiated in good faith (a City may, at its option, require fingerprinting of Contractors employees or agents whose service will cause them to enter onto or work in close proximity to private property; and (b) Contractor shall hire employees without regard to race, religion, color, national origin, sex, political affiliation, or any other non-merit factor. Any employee driving a vehicle shall at all times have in his/her possession a valid and appropriate license issued by the State. Pacific and its employees and agents shall be required to wear clean clothing of a uniform type when engaged in sweeping service on public streets and adhere to the drug free work place standards. Contractor shall train all employees in the operation of vehicles, standards of performance contained herein and the assigned routes for the City prior to assigning them to routes independently. The City shall be notified at least 24 hours in advance whenever a regular operator is replaced with an employee other than a standard replacement whose proficiency with the City has been confirmed, and new operators shall be accompanied by a Contractor supervisor until their proficiency is assured. D. Standards of Performance: (1) Sweeping for all curbs, gutters, median curbs and painted islands, centerlines, road shoulders, turning lanes, alleys, cross gutters, intersection curb return areas and parking lots located in the City and designated in this Agreement in Exhibits B~ C & D or subsequently added shall be performed in a manner consistent with that highest level of care and skill exercised by members of the municipal street cleaning profession. There shall be no fines, sediment or debris left at the curb, apron adjoining the curb, gutter or either end of the broom or pick-up head when the final pass for sweeping a street, center line, center median or island is complete. Standards of performance shall include sweeping all intersection curb returns and all cross gutters in a manner such that no "diamonds," of fines, sediment, fractured glass or other debris remain. If additional passes through an intersection are required in order to adequately sweep both a return and a cross gutter, the Contractor shall make the necessary passes without extra charge. On streets with uncurbed median islands Mtm: stswp2001.doc Agreement for 2001-2002 Street Sweeping February 2, 2001 Page 18 created by pavement striping, the median areas shall be swept their entire width. When necessary for proper cleaning, Contractor shall make more than one pass on a street, without extra charge. The contractor shall be expected to hand collect any bulky item such as corrugated cardboard which the broom or pick-up head may eject. Over weight items such as concrete chunks, or lumber shall be moved from the road to the immediate adjacent curb and immediately reported to the number provided for City crews. (2) Sweeper speeds shall not exceed eight (8) miles per hour when sweeping. (3) The Contractor shall maintain lists of locations that cannot be adequately swept because of obstructions such as low hanging limbs or vehicles that are parked on the City streets for extended periods of time (deficiency reports). These deficiency reports with locations and dates shall be turned into the Special Operatiohs Program ("Program") as soon as possible but no later than ten (10) days following the Contractor having swept around the obstruction. Deductions may be made from Contractor's payments for areas not swept due to obstructions that were not reported to the Department. (4) The Contractor shall promptly, and as soon as practicably possible, repair or replace all existing improvements that are damaged as a restilt of its operation. Improvements, such as, but not limited to, curbs, gutters, driveways, or signs, shall be repaired and replaced to a condition equal to or better than the original condition, and no additional compensation shall be made by City. (5) The Contractor is expected to clean the entire area of the City parking lots and shall use vacuum hoses attached to their sweepers to remove material from areas the sweeper cannot reach or brooms, air blowers or other methods in all parking lots to move debris to a location where it can be swept up. (6) The Contractor shall dispose of all refuse collected by hauling the same to legally established disposal areas at Contractor's expense. Transfer points for storage of sweepings must be approved by the City, and in no case be stored in the City in excess of five working days. The City shall approve disposal areas in advance. (7) The Contractor shall provide security to such transfer points to prevent the spread of the refuse by others or by nature, or the addition of debris to the sweeping refuse by others. Transfer points shall be kept clean at all times. The Department reserves the right to inspect the transfer points, and if the Department determines the transfer points are not being maintained properly, it will notify the Contractor m clean up the area. Said clean up will be completed within 24 hours of notification. (8) The cost for disposal of sweeping refuse, including any and all landfill fees, is included in the various unit price compensation rates, as designated herein, and no additional compensation will be paid therefore, except as stated in Exhibit A, Paragraph 11, entitled "Compensation". Receipts of disposal at the established disposal site shall be prepared Mtm:stswp2001.doc Agreement for 2001-2002 Street Sweeping February 2, 2001 Page 19 by the Contractor and submitted monthly to the Program in a form approved by the City (Exhibit). The City reserves the right to direct the Contractor to use the City's fi'anchise hauler to remove and convey waste should the Contractor seek to remove and convey waste within the City using the vehicles and employees of any person other than the Contractor's own labor and equipment. The City also reserves the right to direct the Contractor to remove and convey waste generated under the Agreement to a Pacific Waste/Allied Facility (the Otay Landfill) and make the appropriate adjustment if: 1) The contractor has not demonstrated that the proposed location and method for disposal is approved by the CA Integrated Waste Management Board, 2) that the indemnity provided by the disposal location does not transfer to the City, and 3) the rate for hauling and disposal quoted by the Contractor in the bid or subsequent to the award of this agreement is more than what the City can provide. The City would prefer that the matefial generated fi.om street sweeping is diverted through recycling, composting or used as alternative daily cover whenever possible. (9) The Contractor shall make all necessary arrangement to obtain and pay for water necessary for the operation from the appropriate water district or authority. The Contractor shall maintain an accounting of the amount of water used each day and shall submit a copy of payment to the Water districts with their request for payment fi.om the City as soon as feasible but no less than quarterly for the previous water billing period(s). Reclaimed water should be used to the extent allowed by local and state law and whenever operationally feasible. No additional compensation will be paid. E. Sweeping Schedule: Upon execution of the Agreement, the Contractor shall submit a sweeping schedule ("Schedule") to the Manager. The Schedule shall identify the streets or neighborhoods and parking lots to be swept each week. The Schedule shall provide for the sweeping of streets and intersections and parking lots as shown on Exhibit B and C. The required Schedule must provide the following information: (1) Contractor shall provide a list of proposed cleaning routes for a complete cycle of cleaning, with identification of all streets to be cleaned on each route in sequence ("Routing Lists"). Routes shall show direction of travel and include head-in locations and routes shall indicate start/end locations for each day's work. Maps of all routes shall accompany the Routing Lists. (2) The mileage for each street on each route must be identified as Right Hand or Left Hand sweeping mileage. Each Route List must reference the segment of streets to be swept. The total mileage for all proposed routes must equal the mileages contained in Exhibit B, or as modified by the City as stated herein. (3) The Contractor shall schedule the hours of operation as approved by the Manager so as to sweep the streets when a minimum number of vehicles are expected to be parked at the curb. The Contractor shall also make every effort to schedule the sweeping on days following regular trash collections, but in no event any closer than two days prior to trash Mtm:stswp2001.doc Agreement for 2001-2002 Street Sweeping February 2, 2001 Page 20 pickup. (4) The hours during which the sweeping shall be performed shall be at the discretion of the Contractor, with the approval of the Director. The Contractor may be required to do early morning sweeping, such as on certain major streets and parking lots. No sweeping in residential areas shall be started prior to 8:00 a.m., or conducted later than 4:00 p.m. (5) The City has several areas where on street parking of adjacent residents prevents adequate sweeping. City plans to provide public education to inform residents of the sweeping schedule in their neighborhood to encourage off street parking during street sweeping periods. The City may, in future, post signs to prohibit parking at certain times or on alternate weeks for each side of the street. City reserves the right to require Contractor to revise the Schedule accordingly to provide an adequate level of sweeping. The City will make every effort to coordinate those changes with the contractor to make them as efficient for the Contractor and as convenient for the residents as possible. No additional charge or payment shall be made therefore. (6) All municipal and park parking lots shall be swept on a schedule to be determined by the Special Operations Manager with the input of the Contractor. The park parking lots are expected to have the least amount of vehicles between the hours of 4:30 a.m. and 7:00 a.m., on Mondays while municipal parking lots may best be swept on Saturdays between 9 a.m. and 3 p.m. The comers and any obstructed areas of lots shall be cleaned with a vacuum house or other method or cleared with a broom or blower and the entire surface area of each lot shall be swept. The Contractor shall submit for approval a schedule indicating the days and times that these lots will be swept within 15 days of the award of the Contract. F. Holidays and Inclement Weather: (1) When inclement weather, in the opinion of the Manager, prevent adherence to the Schedule for two or less days in a given week, the sweeping areas so affected by the inclement weather shall be swept at the discretion of the Special Operations Manager. Such "make up sweeping," shall occur without interruption of the regular sweeping schedule and no later than the following week fi.om the date of the scheduled sweeping for all Classes of service with fi:equency less than one week. Missed sweeps for streets, medians, centerlines or parking lots that are swept once a week or more shall be deducted fi.om the monthly rate. The Contractor shall perform all extra work required by such inclement weather without additional charge. (2) As to holidays, when any holiday or observance as specified in the Government Code of the State of California occurs on a regularly scheduled sweeping day, the affected scheduled streets shall be swept without interruption in the regular sweeping schedule or interference with the solid waste collection service. The designated holidays for solid waste service are New Year's Day, Memorial Day, Independence Day (Fourth of July), Labor Day, Thanksgiving and Christmas. On those days and the remaining days of that week trash shall be delayed one day (Friday's service is provided on Saturday). The Contractor shall make any adjustments necessary to follow trash service by no more than two working days. The Contractor shall perform make-up sweeping for holidays at no additional cost to the City. The Special Operations Manager may at his/her discretion upon consultation with the Contractor cancel service for one or more Classes of service on any holiday route and direct the Contract to deduct the mileage for that day fi.om the monthly payment. The Contractor shall perform make-up sweeping Mtm:stswp2001.doc Agreement for 2001-2002 Street Sweeping February 2, 2001 Page 21 for holidays at no additional cost to the City. (3) In the event the Contractor is prevented from completing the sweeping as provided in the schedule because of reasons other than inclement weather, the Contractor shall be required at the City's discretion to complete the sweeping services so deferred prior to the next regularly scheduled date at no additional cost to the City, or give the City credit for the work not so performed at the unit price compensation rates specified herein, if agreed to by the City. Failure to sweep streets on schedule for reasons other than inclement weather or acts not reasonably within the plan and control of the Contractor shall be subject to the "Enforcement Provisions," specified herein. G. Interpretation of Specifications: Should any discrepancy appear, or any misunderstandings arise as to the meaning or interpretation of anything contained in these specifications, the matter shall be decided by the City Manager and the interpretation of the City Manager shall be binding upon the Contractor. H. Verification of Work: (1) It shall be the responsibility of the Contractor to guarantee the execution of the Agreement in accordance with its terms and specifications. In addition to any and all other remedies provided hereunder, or at law or equity, Contractor's failure to perform any work required hereunder shall entitle the City to withhold payment with respect to such work. The Special Operations Manager (Manager) or his/her designee ("Designee") shall have the right to inspect and monitor the work performed under the Agreement. (2) As required in this Agreement, the Contractor shall submit the Schedule and Route Lists for all scheduled cleaning upon award. These Route Lists will be reviewed for accuracy and efficiency by the Manager The Contractor shall meet with the Manager to make any necessary changes to the Route Lists or Schedule. Any subsequent changes or revisions to the Schedule or Route Lists throughout the Term must have the prior written approval of the Manager. The Schedule shall become the basis for: (a) the Contractor's Routing Lists, (b) the City's inspection of sweeping, (c) the invoicing of Route Lists completed, and (d) payment by the City for services rendered. (3) The Contractor shall prepare a monthly Schedule showing the Route List and submit two copies to the City. In the event the Schedule is changed, the Contractor shall submit a revised Schedule to the City at least five (5) working days prior to the change. In the event a Route List is changed, the Contractor shall submit a revised Route List and map of the Mtm:stswp2001 .doc Agreement for 2001-2002 Street Sweeping February 2, 2001 Page 22 proposed route. Such Route Lists and maps shall be submitted for both Contractor and City initiated route changes, including additions caused by acceptance of new streets into the City's maintained mileage, at least five (5) working days prior to sweeping. (4) The Manager or his/her designee shall have the right to monitor the Contractor's work performance. All streets cleaned by the Contractor must present an appearance that is completely satisfactory to the Manager or his/her designee, and within the guidelines of the Standard of Performance contained herein. The City shall maintain a log of inspections and will verify completion of the contractor's work with the Contractor at a minimum of once per month. Any deficiency in the Contractor' s performance shall be reported to the Contractor within 24 hours following completion of work or as soon as possible but no later than the next cycle of sweeping for that area. The Contractor shall correct such deficiencies by no later than 24 hours following receipt of such notice. (5) In the event a street rehabilitation or improvement project is under construction or will be under construction where cleaning is scheduled, that portion of a cleaning cycle will be deleted from the appropriate Route List at the direction of the Manager. The section(s) of streets deleted may be re-entered at the first scheduled cycle following completion of the rehabilitation. Such deletions shall be reflected in the Contractor's request for payments. Prior to re-entering any such street into the cycle, the Manager shall make a field inspection and the Contractor to determine what cleaning will be required by others. In no event will the Contractor be allowed additional compensation by the Department for initial cleaning of a re-entered street following rehabilitation or construction. (6) In addition to the procedure for verification of work performed as described herein, the Contractor shall lend whatever necessary assistance the Department may request with respect to verification of work performed. I. Additional Services: The City may from time to time require special sweeping on a callback basis, such as for accidental spills, sweeping after special events or miscellaneous needs. The per hour rate for these Additional Services is designated in Exhibit A, Paragraph 11, entitled "Compensation." The amount charged for this callback work shall be at the rates specified in Paragraph 11 .A. 8. of this Exhibit A. J. Accidents: Any and all accidents, regardless of how minor, involving another person, private property, or vehicle shall be reported immediately to the City Police Department and a Police report requested. The Manager and/or the City Risk Manager shall also be contacted immediately but no later than the next regular business day. K. Date for Commencement of Contractor Services: ( ) Same as Effective Date of Agreement (X) Other As soon as possible after both parties have executed this agreement Mtm:stswp2001 .doc Agreement for 2001-2002 Street Sweeping February 2, 2001 Page 23 but no later than 30 days following execution by the Ci .ty. L. Dates or Time Limits for Delivery of Deliverables: Not Applicable. M. Date for completion of all Contractor services: June 30, 2006, unless extended per Paragraph 20, entitled "Term of Agreement" 9. Insurance Requirements: Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. Minimum Scope of lnsurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence Form CGO001)/ 2.Insurance Services Office Form Number CA 0001 covering Automobile Liability, code 1 (any auto). 3.Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Mtm:stswp2001 .doc Agreement for 2001-2002 Street Sweeping February 2, 2001 Page 24 Minimum Limits of Insurance Contractor shall maintain limits no less than: I. General Liability: $1,000,000 Per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit is used, either th6 general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 Per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 Per accident for bodily injury or disease. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy (CG20 10 11 85). 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and Mtm:stswp2001.doc Agreement for 2001-2002 Street Sweeping February 2, 2001 Page 25 volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the Risk Manager before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 10. Materials Required to be Supplied by City to Contractor: List of streets and parking lots to be swept 11. Compensation: A. Payment for sweeping shall be made on a monthly basis for curb miles, pass miles, or square footage, as appropriate, which Contractor adequately demonstrates to the City was actually cleaned, pursuant to the standards set forth herein, at the following rates; provided, however, in no event shall Contractor be entitled to compensation in excess of the sum of (a) compensation corresponding to the sweeping of 1,043.37 curb or pass miles, and 996,114 square feet of parking lots per month, which numbers constitute the per month curb mile, pass mile or square footage scheduled by City under the terms of this Agreement; plus (b) compensation corresponding to additional services. Such numbers shall be further subject to adjustment by the addition or subtraction of streets or parking lots or other deductions or offsets expressly provided herein. Mtm:stswp2001.doc Agreement for 2001-2002 Street Sweeping February 2, 2001 Page 26 (1) Class A Streets swept twice per month, at the rate of. per curb mile (2) Class B Streets swept once every week, at the rate of $. per curb mile (3) Class C Streets swept twice per week, at the rate of $ per curb mile (4) Class D Center islands and medians swept twice per month, at the rate of $ per curb mile (5) Class E Center lines swept twice per month, at the rate of Sper pass mile (6) Class F Non-curbed streets swept twice per month, at the rate of Sper curb mile (7) Class G Parking lots swept once per month, at the rate of $. per 100 square feet. (8) Class H Other special sweeping requested by the City at the following rates: Streets: Hourly rate of $ per hour Parking Lots: Area rate of $. per 100 square foot Travel Time: Hourly rate of $ per hour not to exceed I/3 of an hour each way Based on the mileages and square fontages of the streets and parking lots, as shown in Exhibits B and C, the first year compensation is estimated to be Snot including any Additional Services or additions of new streets and parking lots. B. Request for partial payment must be made in duplicate to the Manager and include the following: (1) Claim for payment in a format approved by City (Exhibit). (2) Cover invoice showing curb or pass miles swept or parking lot square footages swept and an extension in dollars at unit price compensation rate (Exhibit G). (3) Copy of Route lists for the invoiced period, showing the date each street was cleaned, the total mileage for the period and the initials and signature of the Contractor's representative. (4) The GPS report for each vehicle, back up tachograph or upon agreement the original tachograph for each sweeper for each day showing speed, mileage, travel times and broom-down sweeping times labeled to indicate the route or routes swept and initialed by the Contractor's representative. The operator shall Mtm:stswp2001 .doc Agreement for 2001-2002 Street Sweeping February 2, 2001 Page 27 label the tachograph to indicate the time each parking lot is swept. (5) A monthly statement with the dates and the times for each parking lot swept. A month prior, the Contractor shall provide a letter to the Superintendent indicating the anticipated dates and times the parking lots will be swept. (Exhibit). C. Payment shall be made on the basis of blanket curb or pass miles, or square footage swept at the appropriate unit price compensation rate except that deductions shall be made for streets or areas not swept. Such deductions shall be made on the basis of curb or pass miles or square footage not swept at the appropriate unit price compensation rate. Deductions may also be made for streets or areas not properly swept according to the standards indicated herein. D. Prices bid shall be firm for the first contract year (7/1/01 - 6/30/0298). Adjustments during the second through fifth year shall be based upon 66% of the All Urban Consumers/All Items Component of the San Diego Metropolitan Area Consumer Price Index, as published by the Bureau of Labor Statistics, between January 1 and December 31 of the prior year (CPI increase), up to a maximum of 6% per year. The consumer price index (CPI) increase for the option years shall be subject to negotiations and the City's decision to extend the agreement is subject to the result of those negotiations E. The cost for disposal of sweeping refuse, including any and all landfill fees, shall be included in the various bid schedule prices, and no additional compensation will be paid therefore. Receipts of disposal at the established disposal site shall be signed by the Contractor or their representative and submitted monthly to the Special Operations Manager with request for phyment. F. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Contractor in the performance of services herein required, City shall pay Contractor at the rates or amounts set forth below: (x) None, the compensation includes all costs. G. Right to Request Increases Based on Extraordinary Circumstances. Notwithstanding the foregoing, the Contractor may submit a request to the City Council for additional rate relief at any time extraordinary expenses are incurred beyond Contractor's reasonable control. City Council reserves the right to approve or disapprove such a request in its sole discretion. H. Most Favored Nation Rate. Notwithstanding any provisions in this section to the contrary, in the event that, during the Term of this Agreement, the Contractor or any affiliate thereof agrees to a rate or rates for sweeping streets and parking lots under an agreement (or equivalent contract) within the County of San Diego with a public agency which is/are lower than the rate or rates then in effect for the corresponding service(s) charged the City, then the Contractor shall immediately make such lower rates available and applicable to this Agreement. Mtm:stswp2001 .doc Agreement for 2001-2002 Street Sweeping February 2, 2001 Page 28 12. Contract Administrators: City: Michael T. Meacham, Special Operations Manager, City Manager's Office, 276 4m Avenue, Chula Vista, CA 91910, (619) 691-5122 Contractor: R. Eli Able, President, Clean Sweep Partners, 711 ..... 13. Liquidated Damages Rate: ( ) $ per day. (x) Other: See Exhibit D, Enforcement Summary 14. Statement of Economic Interests, Contractor Reporting Categories, per Conflict of Interest Code: (x) Not Applicable. Not an FPPC Filer. 15. ( ) Contractor is Real Estate Broker and/or Salesman: Not applicable. 16. Permitted Sub-consultants: ??? For Sweeping Parking Lots Only 17. Bill Processing: A. Contractor's billing to be submitted for the following period of time: (x) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Contractor's billing: ( ) First of the Month ( ) 15th Day of each Month (x) End of the Month ( ) Other: C. City's Account Number: 100-1441-5203 18. Security for Performance (x) Performance Bond, 100% of the amount of the contract price Mtm:stswp2001.doc Agreement for 2001-2002 Street Sweeping February 2, 2001 Page 29 19. Term of Agreement This Agreement shall be in effect for a period of five years beginning the date of execution for this Agreement. The City shall have the option, at its sole discretion, to extend the Agreement with up to (2) two (2) two-year options for a total of four additional years, and a maximum contract term of nine (9) years. 20. Waste Disposal Services The City reserves the right to direct the Contractor to use the City's franchise hauler to remove and convey waste should the Contractor seek to haul waste outside the City using the vehicles and employees of any person other than the Contractor's own labor and equipment. The City also reserves the fight to direct the Contractor to remove and convey waste generated under the Agreement to a Pacific Waste/Allied Facility (the Otay Landfill) and make the appropriate adjustment iff 1) The contractor has not demonstrated that the proposed location and method for disposal is permitted by the CA Integrated Waste Management Board, 2) that the indemnity provided by the disposal location does not transfer to the City, and 3) the rate for hauling and disposal quoted by the Contractor is more than what the City can provide. The City would prefer that the material generated from street sweeping is diverted through recycling or composting at a site permitted by the CA Integrated Waste Management Board whenever possible. Mtm:stswp2001.doc Agreement for 2001-2002 Street Sweeping February 2, 2001 Page 30 EXHIBIT B CITY OF CHULA VISTA SCHEDULE OF SWEEPING EXISTING EXISTING LINEAR FEET CURB MILES SWEEP CLASS A TOTAL RESIDENTIAL STREETS TO BE SWEPT ONCE PER MONTH 2,871,972 543.93 SWEEP CLASS B TOTAL BUSINESS/COMMERCIAL STREETS SWEPT ONCE PER WEEK 271,058 51.34 SWEEP CLASS C TOTAL COMMERCIAL STREETS SWEPT TWICE PER WEEK 27,063 5.12 SWEEP CLASS D TOTAL CENTER ISLANDS AND MEDIANS SWEPT TWICE PER MONTH 128,489 24.34 SWEEP CLASS E TOTAL CENTER LINES SWEPT TWICE PER MONTH 121,599 23.03 (PASS MILES) SWEEP CLASS F TOTAL NON-CURBED STREETS TO BE SWEPT TWICE PER MONTH 75,198 14.24 Class H other special sweeping services requested by the City. Existing Linear feet/Curb miles need to be multiplied times the frequency per month to obtain total feet/miles per month. Mtm: stswp2001 .doc Agreement for 2001-2002 Street Sweeping February 2, 2001 Page 31 EXHIBIT C - CITY OF CHULA VISTA LIST OF PARKING LOTS TO BE SWEPT Class G Parking lots to be swept once per month: - *Eucalyptus Park (upper and lower lots) 69,710 sq. ft. - *Rohr Park (3 separate lots) 205,404 sq. ft. - Landis and Davidson, north side 25,520 sq. ft. - Landis and Davidson, south side 24,132 sq. ft. - MacKenzie Park 12,000 sq. fi. - Cottonwood Park 15,000 sq. ft. - Memorial Park/Parkway Gym 20,913 sq. fi. - Norman Park Center 13,200 sq. ft. ~ Lauderbach Park/Center 19,350 sq. ft. - Greg Rogers Park 22,914 sq. ft. - Rienstra Park/Max Field 85,083 sq. ft. - Loma Verde Park 88,468 sq. ft. - SDG&E Park on Hilltop at Rienstra 11,329 sq. ft. - Hilltop Park at Telegraph Canyon 10,877 sq. ft. - Bayfront Park 15,000 sq. ft. - Civic Center Library 59,864 sq. ft. - Discovery Park 64,670 sq. ft. - Chula Vista Community Park 15,370 sq. ft. - Terra Nova Park 15,370 sq. ft. - South Chula Vista Library 82,780 sq. ft. Civic Center area - Memorial Way - Area B 16,640 sq. ft. - Public Services - Area D 16,480 sq. ft. - Fire Station No. 1 - Area E 83,920 sq. ft. - Fire Station No. 1 - Area F 18,560 sq. ft. - Legislative Offices - Area G 10,560 sq. ft. TOTAL 996,114 sq. ft. Parking lots to be swept on an as-needed basis, under special sweeping services, not included in parking lot Class G. - Public Services - Area A 10,080 sq. ft. - Police Dept. - Area C 10,080 sq. ft. - Police Dept. - Area H 23,360 sq. ft. TOTAL 43,520 sq. ft. Mtm: stswp2001 .doc Agreement for 2001-2002 Street Sweeping February 2, 2001 Page 32 Exhibit D Enforcement Summary & Incentives I The parties agree that calculating the full damages caused by Clean Sweep Partners failure to adhere to performance standards is difficult if not impossible to ascertain. Consequently, the parties agree that the following liquidated damages schedule shall reflect liquidated damages that shall be payable to City in accordance with the terms hereof. Service Penalty Indicator Description Amount 1 Missed Sweep, Failure To Sweep street, median, centerline, cross gutter, curb $10.00 return parking lot or other approved duties.* Additional Business Day After Receiving Notification From City. $10.00 2 Failure to report Failure To Notify the City Risk Manager or Special Operations $100.00 Property damage Manager with Name, location and nature of accident no later than (within 24 hours) the beginning of the next business day. Failure To Respond In Writing (and cc City) to a Damage Claim Within 30 Days of Receipt And Initiate a Process to Resolve. $100.00 3 Failure to provide Continued access to full GPS report and/or appropriate tachograph $100.00 GPS or for each vehicle and each day of service. Tachograph Value of sweep for day and: 4 Working GPS or Each additional day Failure to maintain working GPS or tachograph $50.00 tachograph 5 GPS-Tachograph Per day fee for any attempt to alter the accurate reading and reporting $500.00 deception 6 Failure to submit a Value of the ticket or if absent the average value of the ticket for the $50.00 landfill weigh preceding month and a per ticket fee of: ticket/or include in summary 7 Failure to report Notify the City within the time allotted per incident: (mile or lot rate $ deficiency as appropriate) 8 Failure to submit Penalty assessed for not providing any of the required reports by the $100.00 any required report due date or with the request for payment as appropriate: Each Additional Day Late: $25.00 9 Exceeds maximum For each hour or part thereof that the sweeping speed exceeds the $50.00 speed while eight (8) miles per hour contract limit: sweeping 10 Exceed Average Failure To Resolve A Billing Complaint Within 50% Of The Billing $25.00 Age of Fleet oldest Cycle Time Period. vehicle standard Each Additional Day Problem Not Resolved. $5.00 11 Vehicle Emissions Vehicle does not meet fuel emissions or particulate standard $25.00 Each Additional Day Problem Not Resolved. $5.00 Mtm: stswp2001.doc Agreement for 2001-2002 Street Sweeping February 2, 2001 Page 33 12 Operation outside Contractor Operating During Hours Not Previously Authorized By of approved hours City $100.00 13 Improper Waste Failure To Deliver Material To City Approved Sub-Contractor For Removal, Waste, By End Of Their Scheduled Working Day On the Same Day Conveyance or As Collection, Or If Not Reasonably Possible By The Following Disposal Business Day: $I00.00 Per Vehicle Load: $200.00 14 Equipment & Standards, Signage not appropriate and staff not uniformed. $25.00 Personnel Equipment Failure to dump the hoper when full, apply sufficient pressure to $25.00 Operation broom, adjust broom speed or pick-up head to collect all materials on street. 15 Equipment Vehicles Not Maintained To Franchise $250.00 Maintenance Each additional day not cured $50.00 16 Equipment Change Use of Equipment not Pre-Approved by the City $100.00 Each additional Day not cured $100.00 17 Spillage Or Litter Failure To Make A Good Faith Effort To Clean Up Spillage Or Litt $15.00 Within 90 Minutes or hand pick large items. 18 Excessive Damages Amount Increase When Contractor Has Received A Violations Penalty For A Particular Service Indicator More Than 15 Times Per Quarter. After 15 Violations In A Category, The Damages Amount Will Increase By An Additional 25% For Each 5 Additional % per Penalties. quarter 19 CPI Incentive If the Contractor has not had more than (24) twenty-four 75 % CPI enforcement indicators that were not cured within 24 hours in a previous year they shall be eligible for a CPI increase of 75 % 20 CPI Incentive If the Contractor has not had more than (12) twelve enfomement 90% CPI indicators that were not cured within 24 hours in a previous year they shall be eligible for a CPI increase of 90% 21 CPI Incentive If the Contractor has not had any enforcement indicators that were 100% not cured within 24 hours in a previous year they shall be eligible for a CPI increase of 100% 22 Mileage Incentive At the City's discretion, if there are no enforcement indicators that ?? remain uncured at the end of a month no deductions shall be made for construction work or rainy days 23 Disposal Incentive For every ton of material collected over 110 A credit of $ shall be ? applied or the rate deducted shall be adjusted down to Mtm: stswp2001.doc Agreement for 2001-2002 Street Sweeping February 2, 2001 Page 34 1. Right to Cure. In each case where a cure for unsatisfactory performance can be rendered within the same day, 24 hours or a time specified period, and the cure and time period are acceptable to the City, Clean Sweep Partners may cure the incident without penalty. 2. Following Day Obligations. In each case where a cure for unsatisfactory performance can be rendered within a specified time period, if the expiration of such time period falls on a non-business day, Clean Sweep Parmer's right to cure shall be extended until the following business day. 3. Penalties for Additional Days in Breach: Minor Violations. Clean Sweep Partners may obtain relief from "Each Additional Day Late" damages by providing notice to City of the problem and by diligently proceeding to cure the problem as quickly as possible, subject to City's approval. The City will not unreasonably withhold a request for additional time to cure. In addition, minor occasional violations with advance notice from Pacific and prompt cure may be excused at the discretion of the City Manager. 4. Right to Appeal. Contractor will have the right to appeal any City assessment to the City Manager whose decision shall be final. Mtm: stswp2001.doc Agreement for 2001-2002 Street Sweeping February 2, 2001 Page 35 Bid #?? - 01/02 Street Sweeping Services Addendum #1-February 19, 2001 March 22, 2001 Subject: Request for Bids - Street Sweeping Service 3?ne City of Chula Vista is soliciting bids from qualified firms to provide street sweeping services. Bids will be received at the Purchasing Office, until 3:00 p.m. on Tuesday, April ?, 2001. Bids must be in accordance with the attached specifications, terms, and conditions. The mailing address is 276 Fourth Avenue, Chula Vista, CA 91910 and the physical location of the office is 430 Davidson, Suite C. The Purchasing Agent and Special Operations Manager or their designees will evaluate bids. The City reserves the fight to accept or reject any or all bids and to waive defects or irregularities in any bid at its discretion. This Request for Bids does not commit the City of Chula Vista to award a contract or to pay any costs incurred in the preparation of a bid responsive to this request. Any clarification of definitions or interpretations of this Request for Bids shall be requested in writing and with sufficient time to allow a timely response before submission of bids. Oral explanations or instructions shall not be considered binding on behalf of the City. Should any discrepancy appear, or any misunderstandings arise as to the meaning or interpretation of anything contained in these specifications, the matter shall be decided by the Special Operations Manager and the interpretation of the Special Operations Manager shall be binding upon the successful bidder. The successful Contractor will be required to enter into the City's standard two-party agreement, a copy of which is attached as Exhibit C. All contractors should read the attached General Provisions, which are considered part of your bid and any contract awarded. The City's technical representative is Michael Meacham, Special Operations Manager, at (619) 691- 5122. Bid process, procedural and clarification questions shall be directed to the Purchasing Agent, John Coggins, at (619) 691-5141. PLEASE NOTE: A mandatory pre-bid conference will be held on Tuesday, April ?, 2001 at 9:00 a.m. in City of Chula Vista Council Chambers, Public Services Building, 276 Fourth Avenue, Chula Vista. Please allow approximately two hours for this conference. Bid #?? - 01/02 Street Sweeping Services Addendum #1-February 19, 2001 REQUEST FOR BIDS STREET SWEEPING SERVICES City of Chula Vista 276 Fourth Avenue Chula Vista, California Bid #?? - 01/02 Street Sweeping Services Addendum #1-February 19, 2001 TABLE OF CONTENTS Page(s) Section 1: Request for Bid 1 Section 2: Specifications for Street Sweeping 6 2-01 Purpose 6 2-02 Scope of Work 6 2-03 Qualifications of Contractor 7 2-04 Equipment 8 2-05 Disqualification of Contractors 11 2-06 Bid Bond 11 2-07 Insurance 12 2-08 Liquidated Damages for Failure to Enter into the Contract 14 2-09 Performance Bond 15 2-10 Signs 15 2-11 Office 15 2-12 Standards of Performance 15 2-13 Disposal of Sweepings 15 2-14 Water 16 2-15 Sweeping Schedule 16 2-16 Holidays and Inclement Weather 18 2-17 Interpretation of Specification 18 2-18 Verification of Work 18 2-19 Other Special Sweeping Services 20 2-20 Accidents 20 Section 3: Selected Provisions of an Agreement 21 1. Assignment 21 2. Hold Harmless 21 3. Termination 21 4. Financial Conditions of City 23 Bid Sheet (Affidavit) 24 Bid Bond 26 Designation of Subcontractors 27 References 28 List of Proposed Disposal Location and Information 29 List of Vehicles and Descriptions Exhibit A - Sweeping Schedule by Class, List of Municipal and Park Parking Lots and List of Streets Exhibit B - Street Sweeping Schedule and Bid Forms Exhibit C- Two Party Agreement, Exhibit D- Sample Parlial Payment Exhibit E- Sample Tachograph Exhibit F- Sample Monthly Landfill Disposal Summary Exhibit G- General Provisions Bid #?? - 01/02 Street Sweeping Services Addendum #1-February 19, 2001 SECTION 1. REQUEST FOR BIDS 1-01 INTENT OF BID. - The City of Chula is soliciting written bids from qualified private contractors to perform street sweeping service within the corporate limits of the City for a period of five years with the option at the City's sole discretion to extend the service with up to two, two year options for a total of up to nine (9) years. 1-02 BASIS OF BID. - Bids are solicited on the basis of the specifications attached hereto in Section 2 titled "Specifications for Street Sweeping". Bids will be compared on the basis of demonstrated ability to perform the work, qualifications/experience of the Contractor and operators proposed for the Agreement, inventory of Contractor's equipment, quality and appropriateness of proposed equipment and cost. The costs, as written out in words on the bid form, shall govern, and any errors found will be corrected. Use of bid forms supplied by the City is required. 1-03 RECEIPT AND OPENING OF BIDS. - Sealed bids will be received at the Purchasing Office, City of Chula Vista until 3:00 p.m. on Tuesday, April ?, 2001 at which time bids will be opened. The physical location of the office is 430 Davidson, Suite C, and the mailing address is 276 Fourth Avenue, Chula Vista, CA 91910. 1-04 SELECTION PROCESS AND METHOD OF AWARD - Bids will be analyzed and reviewed by the Special Operations Manager and the Purchasing Agent and or their designees. The Special Operations Manager and Purchasing Agent will make a recommendation for award of the agreement to the City Council within 45 days following the opening of the bids. The City reserves the right to accept or to reject any or all bids, and to waive defects or irregularities in any bid, at its discretion. The City also reserves the right to award an agreement on all or any part or parts of the items contained in this Request for Bids as may be deemed to be in the best interest of the City. The agreement shall be awarded to the lowest responsible bidder that clearly expresses and demonstrates the ability and intention to meet the specifications outlined in the request for proposals. PLEASE NOTE: A mandatory pre-bid conference will be held on Tuesday, April ?, 2001 at 9:00 a.m. in City of Chuia Vista Council Chambers, Public Services Building, 276 Fourth Avenue, Chula Vista. Please allow approximately two hours for this conference. 1-05 SUBMISSION AND PREPARATION OF BID. - All bids must be typewritten and signed by the Contractor. The applicant must submit one single sided original and three double-sided copies of their Bid # - 01/02 Street Sweeping Services Addendum #1-March 1, 2001 proposal, all on post-consumer content recycled paper. The applicant is also requested to submit an electronic version in Microsoft Word 2000 or compatible program immediately after the bid opening. The electronic version may be emailed to jcoggins~ci.chula-vista.ca.us. If a unit price or lump sum already entered by the Contractor on the bid form is to be altered, it shall be crossed out in ink and the new unit price or lump sum shall be as represented in figures and prices as represented in written words and initialed by the Contractor; the written prices represented in words shall govern. Any bid may be withdrawn prior to the scheduled time for the opening of bids. Any bid received after the time and date scheduled shall not be considered. 1-06 NAME ADDRESS AND LEGAL STATUS OF CONTRACTOR. - The bid shall be properly signed in ink, with the address of the Contractor given. The bidding agency shall also state the legal status of the Contractor, whether individual, parmership or corporation. A corporation shall execute the bid by its duly authorized officers in accordance with its corporate by-laws and shall list the state in which it is incorporated. A partnership shall give full names and address of all partners. Partnerships and individuals shall be required to state the names of all persons interested in the bid. The place of residence of each partner or individual, or the office address in case of a firm or company, including state, zip code and telephone number shall be given after each signature. If the Contractor is a joint venture consisting of a combination of any of the above entities, each member of the joint venture shall execute the bid. Anyone signing a bid as an agent of another or others shall submit legal evidence of his/her authority to do so with the bid. 1-07 BIDS. - All bids shall be submitted on the forms supplied by the City of Chula Vista and as included in this document. The bid shall show a total cost per schedule frequency for all currently swept streets and a cost per parking lot. The bid shall also show a per curb mile cost measured along the curb, berm, shoulder or median for normal sweeping, and an hourly rate for additional sweeping services specifically requested by the City Manager or his/her designee or his designee. At the City's sole discretion, streets constructed or added after the effective date of the agreement shall be added to the Agreement at the contract price per curb mile or parking lot per square foot. All applicable taxes, fees and disposal costs shall be included in the bid price. The following documents must be completed and submitted with the bid: 1. Bid 2. Affidavit to Accompany Bid (page 22) Bid # - 01/02 Street Sweeping Services Addendum #1-March 1, 2001 3. Bidder's Bond (page 24) 4. Designation of Subcontractors, if applicable (see form on page 25) 5. References (see form on page 26) 6. Disposal, Composting or Recycling Information: (see form on page 27) 7. Addendums (if any) The successful bidder must complete the "Disclosure Statement" prior to award of the Agreement. Within ten working days after award of the Agreement, the successful bidder must complete the following additional documents: 1. Bond for Faithful Performance 2. Agreement 3. Non-Collusion Affidavit 4. Worker's Compensation Insurance Declaration 5. General Liability and Property Damage Insurance Certificates Submittal Bids may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures, or irregularities of any kind. In case of disparity in the bid between the lump sum or unit bid price shown in figures and words, the unit bid price or lump sum amount as stated in words shall prevail and take precedence. The City reserves the right to reject any and all bids. The Contractor to whom this Agreement is to be awarded shall file a swom Non-Collusion affidavit executed by, or on behalf of, the person, firm, association or corporation to whom the Agreement is awarded. This affidavit shall be executed and sworn to by the successful bidder before such persons as are authorized by the laws of the State of California to administer oaths, on the form included in these Agreement documents. The original of such swom statement shall be filed with the City Clerk o fthe City of Chula Vista. The successful Contractor will be required to enter into the City's standard two-party agreement, a copy of which is attached as Exhibit C. All contractors should read the attached General Provisions, which are considered part of your bid and any Agreement awarded. 1-08 PAYMENT. - Payment for sweeping shall be made by the Agreement unit price per mile and parking lot actually cleaned on a monthly basis. Request for partial payment must be made individually as follows: 3 Bid # - 01/02 Street Sweeping Services Addendum #1-March 1, 2001 A. Streets swept twice per month B. Streets swept once every week. C. Streets swept twice per week. D. Center islands and medians swept twice per month. E. Center lines swept twice per month. F. Non-curbed streets swept twice per month. G. Parking lots swept once per month. H. Other special sweeping requested by the City at the rate stipulated within the bid. Request for monthly payment must be made in duplicate to the City Manager or his/her designee and include the following: A. Claim for payment in a format approved by City (see Sample Exhibit D). B. Cover invoice showing linear miles swept, parking lots swept and an extension in dollars at the quoted cost with the initials and Signature of the Contractor. (see Sample Exhibit D) C. Copy of route lists for the invoiced period, showing the date each street was cleaned, the total mileage for the period and the initials and signature of the Contractor's representative. D. The Contractor shall equip each vehicle with a Geographic Positioning System (GPS) monitor and provide the City with a real time connection that demonstrates the vehicles; route, speed, and broom or head activity. The Contractor shall initial and submit a GPS suromary with each monthly payment request. The Contractor shall have a tachograph system to back up GPS in case of failure and shall submit an initialed tachograph chart (Exhibit E-l,2) with the monthly payment for any day of work performed that the GPS system has failed. E. A monthly statement with the dates and the times for each parking lot swept (Exhibit D). The Contractor shall submit a complete schedule of the days and time parking lots will be swept to the City Manager or his/her designee for his or her approval. 4 Bid # - 01/02 Street Sweeping Services Addendum #1-March 1, 2001 F. Proof of payment to the Water district(s) for the last payment cycle. Payment shall be made on the basis of actual, substantiated curb miles cleaned at the quoted rate except that deductions shall be made for streets or areas not swept or not substantiated. Such deductions shall be made on the basis of curb miles not swept or substantiated at the linear curb mile cost or area not swept at the quoted rate (parking lots). Deductions may also be made for streets or areas not properly swept according to the standards indicated in Section 2-04 A, Section 2-12 and other pertinent sections of this bid document and the attached agreement. Prices bid shall be firm for the first Agreement year (7/1/01 - 6/30/02). Adjustments for the second through fifth year shall be based upon the All Urban Consumers/All Items Component of the San Diego Metropolitan Area Consumer Price Index, as published by the Bureau of Labor Statistics, for the preceding twelve month period, (CPI increase), up to a maximum of 5% per year. Payment for addition of any street or parking lot added by the City during the full term and effect of this Agreement shall be made at the same rate, unit price as existing streets or parking lots swept at the same frequency included in the appropriate bid item. Any increase in frequency requested by the City shall me made at a rate no greater than proportional increase for that street or streets and parking lots added. For example, the cost for increasing the frequency of a street from twice per week to three times per week shall be no more than 50%. The City retains the right to reduce the frequency of sweeping, the mileage of sweeping, or the square footage of parking lots to be swept with no adjustment in the unit price compensation for the remaining work. F. The Contractor shall submit with every monthly billing a copy of each dump ticket showing the date, the amount disposed, the facility where material is disposed, the vehicle identification and operator signature for each delivery. The Contractor shall also initial and submit a monthly summary showing the number of loads at each rate, the total amount of material disposed of and the total cost (Exhibit F). Bid # - 01/02 -- Street Sweeping Services Addendum #1-March 1, 2001 SECTION 2. SPECIFICATIONS FOR STREET SWEEPING 2-01 PURPOSE. - The bids shall be for sweeping of City streets, center islands/medians, center lines and parking lots in accordance with the schedules attached hereto. The specifications contained herein are designed to establish an effective, efficient and safe system of street cleaning that provides for the following intended purposes: A. Establish and maintain a continuous level of cleanliness of City streets in order to assure protection of the environment as well as the health, safety and welfare of the community. B. Increase the collection of fines; sediment, particulate, debris and any other materials on the street to prevent them from entering the storm drain system and watershed as much as possible. C. Clean City streets in a systematic and coordinated manner that compliments, solid waste collection and other City services, by a routing system that will improve current street cleaning practices while decreasing costs. D. To utilize a reliable sweeping schedule, mute maps, billing inserts and posting to increase public education and information for the purpose of encouraging residents to voluntarily park off the street during scheduled sweeping. 2-02 SCOPE OF WORK. - The Contractor shall clean all curbs, gutters, median curbs and painted islands, centerlines, road shoulders, taming lanes, alleys, cross gutters, curb retums and parking lots located in the City as designated by these specifications. At all intersections, the Contractor shall sweep the cross gutter and curb return in a manner that eliminates all "diamond," patterns of debris. Parking is not currently restricted for street sweeping purposes. The contractor shall sweep around any vehicle on City streets in a safe manner and missing as little curb or gutter as possible. Sweeper speeds shall be as slow as necessary to thoroughly clean the surface being swept. At no time shall any sweeper's speed exceed eight (8) mile per hour while sweeping. The streets and parking lots to be cleaned, the street segment lengths, and the frequency of cleaning are listed in Exhibit "A" and Exhibit "B". The lengths represent the City's best measurement. Payment will be based on the quantities indicated with no adjustments except as provided in the bid specifications. Bidder is responsible for verifying and inspecting all lengths and conditions prior to submitting bid. Bids must include the following alternatives. 6 Bid # - 01/02 Street Sweeping Services Addendum #1-March 1, 2001 A. Streets swept twice per month. B. Streets swept once per week. C. Streets swept twice per week. D. Center islands and medians swept twice per month. E. Center lines swept twice per month. F. Non-curbed streets swept twice per month. G. Parking lots swept once per month. (Bid alternative is proposed here). H. Other special sweeping requested by the City at the rate stipulated within the bid. I. The City requests that the Contractor extend the per mile rate(s) and parking lot per square foot rate to all Development Contractors for streets and public parking lots until they are dedicated to the City and/or to the property manager/owners or associations for private community streets not included in the proposal for the term of the Agreement. The City will work with Developers, other property owners and the Contractor to develop a schedule that is efficient for the Contractor. The Contractor should indicate in writing in the bid if they have agreed to this condition and once stated shall not unreasonably withhold their option to perform such work at the Agreement rates. J. Bid alternative to sweep major recreation park facility parking lots on Monday every week between March 31 and September 30 each year throughout the term of the agreement. The lots proposed for more frequent sweeping under this alternative are indicated on the list of parking lots. 2-03 QUALIFICATIONS OF CONTRACTOR. - The City requires submission of supporting data with the bid in order to determine qualifications and responsibility of the Contractor. Any subcontractor shall be required to provide information applicable to the subcontract work for Sections A, B, C, D, and H. The Contractor will be required to furnish the following information: A. Satisfactory evidence that the Contractor has in excess of two (2) years contract sweeping experience for either private or municipal agencies. Contract Municipal Street or highway sweeping is highly preferred. Bid # - 01/02 - Street Sweeping Services Addendum #1-March 1, 2001 B. Satisfactory evidence that the Contractor has experience in operations of comparable size to that contemplated by this bid. Details shall include length of other contracts, name and size of municipality or private entities, name and phone number for staff coordinator of previous and current contracts, nature of service provided, and the agencies in question. A minimum of three references is required. Bidders shall also submit a list of; 1) all current government contracts in the State of California noting any that have been cancelled or completed in the past two years by jurisdiction, with the contact name, phone number and reason the Agreement is no longer in force if applicable, 2) A list of any OSHA violations, convictions for submitting false or fraudulent claim to public agencies, violations of equal opportunity employment, contracting or subcontracting in the past two years, and 3) Any claim or litigation pending or settled within the last five years totaling ($50,000) fifty thousand dollars or more. C. The Contractor must be in good standing in the State of California, and, in the case of a corporation organized under the laws of any other State, provide evidence that the Contractor is licensed to do business in the State of California. The successful bidder will be required to obtain and maintain a City of Chula Vista business license, at his/her own expense, and agreements with the local water districts for use of water for the life of the Agreement. D. A detailed inventory of the Contractor's equipment available for use on the Contract. This inventory should include a detailed listing of the Contractor's equipment and all accessories by type, model, year of manufacture and anticipated remaining useful life as of the date of the inventory. All leased equipment shall be listed separately; the time remaining on each leased machine and options of renewal, where applicable, shall be stated. All new equipment to be acquired to accomplish this contract shall be available as close to the beginning of the Agreement as possible but no later than six months of the commencement of operations. Delivery guarantees by manufacturers shall be attached to the bid document. E. Evidence that the Contractor, at his/her own expense, has adequate maintenance and storage facilities, located in San Diego County, to maintain and store the Contractor's equipment inventory, including the address of the facility, the type of maintenance work performed, a listing of any maintenance work contracted out and with whom. Documentation for work that is contracted must include the name and address of the contracted maintenance facility, the type of work contracted and the length of the contract. F. A copy of the latest available financial statement of the Contractor (or its parent corporation if individual subsidiary of division financial statements are not prepared 8 Bid # - 01[02 Street Sweeping Services Addendum #1-March 1, 2001 and generally available). In addition, the latest audited financial statement. G. The names and resumes of the principal officers, partners, and/or officials. The name(s) and resume(s) of the individual(s) who will be assigned by the Contractor to be in charge of the City of Chula Vista contract as well as rrsumr's for the sweeper operators that will service Chula Vista. H. Such additional information as will satisfy the City that Contractor is adequately prepared to fulfill the contract. 2-04 EQUIPMENT AND EMPLOYEES. - The type of street sweeping equipment used by the Contractor shall be consistent with the highest current standards in the industry and shall be subject to the approval of the City Manager or his/her designee. The equipment to be used shall be specified in the Contractor's proposal. Vehicles and equipment used to perform the services provided for herein, shall be modem, clean, and maintained in good mechanical condition and to the satisfaction of the City at all times. In addition, the following shall apply: A. Contractor shall use standard heavy-duty equipment that will clean the streets of the City of paper, wet leaves, dirt, rocks and debris. Heavy-duty broom type and/or regenerative air type sweepers are permissible. Small air or vacuum sweepers may be permitted, if approved by the City, for cleaning parking lots only. The broom, brash or pick-up heads shall be applied with sufficient pressure to pick up said material in one pass. Sweeper speeds shall be as slow as necessary to pick-up all material but shall under no circumstances exceed eight (8) miles per hour when sweeping. B. The Contractor shall use at least three (3) street sweepers and one backup sweeper. The City further directs that at least one of the proposed sweepers be a heavy-duty broom type to handle any heavy sediment that may occur on any of the streets contracted for sweeping and routine quarterly sweeping of all centerlines, center medians and streets swept once per week or more. The City prefers that the Contractor begin the agreement with new sweepers. The average age of the fleet recommended by the Contractor at the beginning of the agreement will be part of the scoring for the award of the bid. The average age of the fleet used (excluding the back up sweeper) shall not be more than 5 years of age at anytime during the initial term of the agreement and no sweeper shall be more than seven (7) years old at any time during the full term and all extensions. Certification shall be presented by the Contractor and approved by the City Manager or his/her designee that any equipment over five years of age has been completely overhauled and/or rebuilt and meets the latest and best standard for vehicle air emissions, reduce sweeping particulate impacts and road safety. .C. All equipment shall be equipped in accordance with existing State law, shall meet or Bid # - 01/02 Street Sweeping Services Addendum #1-March 1, 2001 exceed the South Coast Air Quality Management Districts Rule 1186 for fugitive dust particulates of 10 microns (PM~0) or less, shall be equipped with safety lighting and markings appropriate for slow-moving vehicles, and shall be equipped with a flashing light with the following characteristics: 1. Visible for a minimum of one mile. 2. Flash 60 to 90 times per minute. 3. Mounted for 360-degree visibility. 4. Equipped with amber lens. D. Equipment shall be kept clean at all times and shall have identification as outlined in Signs, Section 2-10 of this document. E. Mechanical brushes and brooms, regenerative air pick up heads, seals and screens shall be maintained in proper condition and shall be replaced the sooner to occur of; I) As recommended by the manufacturer, 2) when pick-up ability becomes impaired or does not in the opinion of the City meet at least 90% .of the manufactures' stated performance standard. F. All street sweepers shall be equipped with adequate water systems for dust control. G. All street sweepers shall be equipped with a geographic positioning system (GPS) connection to the City with real time and monthly report capacity for each vehicle that indicates, date and time of service, vehicle identification and speed, broom or pick-up head down time, mileage and route. Each vehicle shall he backed up by the tachograph system acceptable to the City (example Exhibit E-2). In the case of parking lots, the equipment Contractor's representative/operator shall indicate on the tachograph when the lot is being swept. H. Contractor shall provide any adequate support equipment including debris containers or transfer vehicles, pickup trucks, service trucks, tire trucks, and any other item of equipment necessary to provide sweeping services as described in these specifications. I. All equipment (including support equipment) to be used by the Contractor shall be listed as a part of the detailed inventory section of the Contractor's qualifications supporting data. The list shall be supplemented by performance standard information from the manufacturer of each sweeper proposed for use. All such equipment is subject to the inspection and final approval of the City. Such approval may require on-site demonstration of the capability of any proposed equipment. 10 Bid # - 01/02 Street Sweeping Services Addendum #1-March 1, 2001 J. Prior to awarding the bid to provide street sweeping service, all equipment shall be available for inspection by the City upon 24-hour notification to the Contractor. If new equipment is being ordered the Contractor shall arrange a demonstration of the proposed equipment at the City's request. Additionally, the City shall have the option to perform a complete inspection of all vehicles at any time throughout the term of the Contract. Contractor shall keep the vehicle's registration, proof of insurance and any other documents required by law in each vehicle and provide those documents for to the City for inspection upon request. Should any vehicle, when inspected, and in the determination of the City, not meet standards that the City feels are necessary to complete the Contract or to operate safely, the City may require such vehicle to be brought to standard before being placed back in service. K. The City reserves the right over the life of this contract or extensions thereof to reject any equipment for use for sweeping City streets. The Contractor shall furnish at no additional cost equipment satisfactory to the City. L. Nothing heroin shall preclude the Contractor from substituting other equal equipment due to maintenance or other factors upon prior written notice and approval by the City. The notice shall include a description of the replacement vehicle, a description of the delays affect to the sweeping schedule and an estimate when the original vehicle will come back on service. The Contractor shall notify the City by the beginning of the next working day when two or more vehicles break down (first back-up vehicle shall be pre-approved), at least 72 hours in advance notice for maintenance, and two weeks prior to ordering a permanent replacement. M. Equipment must have sufficient mufflers and other silencing devices to permit its operation within City noise standards as set out in municipal code §19.68 as may be amended from time to time. All equipment shall be subject to City approval prior to use. N. The City prefers that the Contractor purchase new sweepers to initiate the agreement. All new sweepers purchased during the agreement shall meet the Super Ultra Low Emission Vehicle (SULEV) standards established by the California Air Resources Board. O. The City may subject to local and state law, provide the Contractor with the ability to purchase fuel and refuel at City facilities. The City will meet and confer with the Contractor to develop an agreement and price for the fuel and pursue any licensing necessary that may be advantageous to both parties. Such final agreement shall be at the mutual agreement of both parties. P. Sweeper operators and other employees involved in providing a service within the City limits under this agreement shall be in a clean and neat uniform identifying the Bid # - 01/02 Street Sweeping Services Addendum #1-March 1, 2001 employee by name and the Contractor's company name. The Operators shall have all necessary licenses and equipment training prior to being assigned to mutes in the City. The City shall be notified prior to any change in operators assigned the City except for the occasional replacement for holiday or sick leave by a qualified back-up that has training and specific experience with the equipment, routes and schedules of the City. The City may at its sole discretion, provide a location for parking sweepers used for this Agreement at its Corporate yard located at 1800 Maxwell Rd in Chula Vista (The site is under construction and may not be available until fall of 2000). The City may request that the Contractor routinely sweep the yard in exchange for use of the facility for parking. Additionally, at its sole discretion the City may provide the contractor with access to the vehicle washing facilities for a.fee or in-kind service mutually agreed by both parties. The use of the facility does not include use of the site for any mechanical repairs. The Contractor's use of the site is subject to all local, state and federal law regarding vehicles. If the Deputy Director of Public Works/Operations determines that the Contractor has abused their use of the site, breached the sites security or othepMse improperly used or failed to care for the site the Contractor's use shall be cancelled without appeal and such cancellation shall not constitute a change in rate charged the City. 2-05 DISQUALIFICATION OF CONTRACTORS. - Although not intended to be an exhaustive list of causes for disqualification, any one or more of the following causes, among others, may be considered sufficient for the disqualification of a Contractor and the rejection of the bid. A. Evidence of collusion among Contractors. B. Lack of competency as revealed by financial statements, experience or equipment statements as submitted or revealed and other factors. C. Lack of responsibility as shown by past or current work, judged from the standpoint of workmanship. D. Default on a previous or current municipal contract. E. Other causes. 2-06 BID BOND. - Each proposal must be accompanied by a bid bond executed by a surety company licensed to do business in the State of California; or a certified check of the Contractor payable to the City in the amount equal to or in excess often percent (10%) of the total proposed price. This will serve as a guarantee on the part of the Contractor that, if called upon to do so, the Contractor will accept and enter into a contract to perform the work covered by the bid and at the rates stated therein, and to furnish a corporate surety for its faithful and entire fulfillment. Check and bonds will be returned after the City and the selected Contractor have executed the contract; or, if no Contractor's bids have been selected within ninety (90) days after the date of the opening of bids. 2-07 INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims 12 7 5& Bid # - 01/02 Street Sweeping Services Addendum #1-March 1, 2001 for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001)/ 2. Insurance Services Office Form Number CA 0001 coveting Automobile Liability, codel (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance Contractor shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commemial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Other Insurance Provisions 13 Bid # - 01/02 Street Sweeping Services Addendum #1-March 1, 2001 The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy (CG20 10 11 85), 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be 14 Bid # - 01/02 Street Sweeping Services Addendum #1-March 1, 2001 subject to all of the requirements stated herein. Said policy or polices shall provide THIRTY (30) day written notice to the Risk Management Officer of the City of Chula Vista of cancellation or material change. The Contractor shall, within ten (10) days after the awarding of the contract, and before commencing the work, deposit with the Pumhasing Agent of the City of Chula Vista, a certificate certifying that such insurance is, and will be, in full force and effect fi.om the time the work is commenced until completed. 2-08 LIQUIDATED DAMAGES FOR FAILURE TO ENTER iNTO THE CONTRACT. - The Contractor shall be deemed as having been awarded the contract when the City shall have mailed formal notice of award to the Contractor by certified mail. The Contractor to whom the contract has been awarded will be required to execute three copies of the contract and to fumish insurance coverage and performance bond, all as required. In case of the Contractor's refusal or failure to do so within (10) ten days after receipt of formal notice of award, Contractor will be considered to have abandoned all his/her rights and interest in the award, and Contractor's bid security may be declared forfeited to the City as liquidated damages and the award may then be made to the next best qualified Contractor or the work re-advertised for bids as the City may elect. 2-09 PERFORMANCE BOND. - A letter shall accompany the Bid from a corporate surety satisfactory to the City stating that the Performance Bond will be furnished by it to the person submitting the Bid in the event he/she is the successful Contractor. Such letter is to be signed by an authorized representative of the surety together with a certified and effectively dated copy of his/her power of attorney attached thereto. The successful Contractor will be required to furnish a Performance Bond as surety for the faithful performance of this Contract at least ten (10) days prior to the execution of the Contract. Said performance bond must be in the amount equal to one hundred percent (100 %) of the amount of the contract price. Said bond is necessary in the event of non-performance or as a result of termination, as defined herein, to cover the period between termination and execution of a new agreement, and any difference between the contract bid and the new bid. The Contractor shall pay the premium for the bonds described above. A certificate from the surely showing that the bond premiums are paid in full shall accompany the bond. The surety on the bond shall be duly authorized corporate surety authorized to do business in the State to California. 2-10 SIGNS. - The Contractor shall at no additional cost to the City place signs approved by the City on the street sweeping equipment used in the performance of the work, which signs shall have characters of at least four (4) inches in height, be visible from both sides and the rear of the vehicle and 15 Bid # - 01/02 Street Sweeping Services Addendum #1-March 1, 2001 shall read: Company Name, telephone number, "Under Contract to the City of Chula Vista." 2-11 OFFICE. - Contractor shall maintain an office within San Diego County, or provide toll free telephone number, staffed by a responsible representative for receipt of requests from 8:00 a.m. to 5:00 p.m., Monday through Friday, not including approved holidays. Contractor shall provide a list of names and phone numbers of supervisory personnel who can be contacted on a 24-hour basis to respond to emergency needs. The Contractor for the life of the contract shall keep this list current. 2-12 STANDARDS OF PERFORMANCE. - Street sweeping shall be performed in accordance with the highest level of care and skill exercised by members of the profession for providing municipal street cleaning. When necessary for proper cleaning, Contractor shall make more than one pass on a street or parking lot, without extra charge. Standards of performance shall include sweeping all intersection curb returns and all cross gutters. If additional passes through an intersection are required in order to adequately sweep both a return and a cross gutter, the Contractor shall make the necessary passes without extra charge. On streets with uncurbed median islands created by pavement striping, the median areas shall be swept their entire width. The equipment operator shall maintain lists of locations that cannot be adequately swept because of obstructions such as low hanging limbs or vehicles that are parked on the City streets for extended periods of time. These locations shall be turned into the City Manager or his/her designee as soon as possible but no later than ten (10) days from their effective impact to service. Deductions may be made from Contractor's payments for areas not swept due to obstructions that were not reported to the Department. The Contractor shall repair or replace all existing improvements that are damaged as a result of its operation. Improvements, such as, but not limited to, curbs, gutters, driveways, or signs, shall be repaired and replaced to a condition equal to or better than the original condition, and no additional compensation shall be made by City. The Contractor is expected to clean the entire area of the City parking lots and shall use brooms, air blowers or other methods in all parking lots to move debris to a location where it can be swept and removed. Failure to meet the Standard of Performance shall be subject to the "Enforcement Summary & Incentives," of the Agreement, Exhibit C. 2-13 DISPOSAL OF SWEEPING. - The cost for disposal of sweeping refuse, including any and all landfill fees, shall be included in the various bid schedule prices, and no additional compensation will be paid therefore. The Contractor may not haul waste generated from the City using the vehicles and employees of any person other than the Contractor's own labor and equipment or the City's franchise hauler. The City reserves the right to direct the Contractor to remove and convey waste generated under the Agreement to a Pacific Waste/Allied Facility (the Otay Landfill) and make the appropriate adjustment if: 1) The 16 Bid # - 01/02 Street Sweeping Services Addendum #1-March 1, 2001 contractor has not demonstrated that the proPosed location and method for disposal is approved by the CA Integrated Waste Management Board and acceptable to the City, 2) that the indemnity provided by the disposal location does not transfer to the City, and 3) the rate for hauling and disposal quoted by the Contractor is mom than the rate the City can obtain. Whenever possible, the City would prefer that the material generated from street sweeping is diverted through recycling or composting. 2-14 WATER. - The Contractor shall make all necessary arrangements to obtain and pay for water necessary for the operation from the appropriate water districts or authorities, (the Otay Water District, Sweetwater Authority). The Contractor shall maintain an accounting of the amount of water used each day and have this information available within two calendar days upon request. The contractor shall also submit proof of payment to the Water districts with their request for payment from the City. The City may at its discretion direct the Contractor to use reclaimed water to the extent allowed by law and operationally feasible. No additional compensation will be paid for use of water. 2-15 - SWEEP1NG SCHEDULE. - Prior to the execution of the agreement the selected Contractor shall submit a sweeping schedule to the City Manager or his/her designee. The schedule shall identify the streets and neighborhoods to be swept each week. The schedule shall provide for the sweeping of streets and intersections as shown on Exhibit A. The required sweeping schedule must provide the following information: A. A list of the Contractor's proposed cleaning routes for a complete cycle of cleaning, with identification of all streets to be cleaned on each route in sequence. Routes shall show direction of travel and include head-in locations. Routes shall indicate stat-fiend locations for each day's work. B. The mileage for each street on each route must be identified as Right Hand or Left Hand sweeping mileage. C. Each route list must reference the segment of streets as listed in Exhibit A, List of Streets to be Swept, and labeled as to the Designated Streets section of specifications. D. The total mileage for all proposed routes must equal the miles contained in the Designated Streets Section of the Specifications for each Section of streets to be cleaned. E. Maps of all routes shall accompany the Contractor's list of proposed cleaning mutes. The Contractor shall schedule the hours of operation as approved by the City Manager or his/her designee so as to sweep the streets when a minimum number of vehicles are expected to be parked at the curb or in parking lots. The Contractor shall also make every effort to schedule the sweeping on the day immediately following regular trash collection, but in no event any later than the third day after trash collection. Sweeping of residential streets and collector or commercial streets near residential areas shall not be started prior to 8:00 a.m. Additionally, all sweeping on these streets shall be done by 3:30 p.m. The sweeping schedule for commercial streets not adjacent residential areas shall be performed at times proposed by the Contractor, with the approval of the City Manager or h/s/her designee. The Contractor 17 Bid # - 01/02 Street Sweeping Services Addendum #1-March 1~ 2001 is expected to sweep commercial streets and some parking lots in the late evening or early morning hours as needed to avoid parked vehicles. The City has several areas where on street parking of adjacent residents may prevent adequate sweeping. City plans to provide residents with the sweeping schedule and public education to encourage off street parking during street sweeping periods. Additionally, the City may at its sole discretion post signs prohibiting parking at certain times or on alternate weeks for each side of the street. City reserves the right to require Contractor to revise the sweeping schedule accordingly to provide an adequate level of sweeping. The City will make every effort to coordinate those changes with the Contractor to make the adjustments as efficient for the Contractor and as convenient for the residents as possible. All such changes shall be within the scope of Contractors bid and no additional charge or payment shall be made therefore. All municipal and park parking lots shall be swept on a scheduled to be determined by the City Manager or his/her designee. The intent is to sweep parks when they need it most, with as little disruption to public use and to reduce impact to adjoining residents when applicable. Upon award of the Agreement, the City Manager or his/her designee will meet with the Contractor to discuss the use and traffic patterns of each park listed in the Agreement. The Contractor shall submit for approval/~ schedule indicating the days and times that these lots will be swept immediately thereafter but not later than 15 working days of the award of the Agreement. 2-16 HOLIDAYS AND iNCLEMENT WEATHER. ~ When inclement weather prevents adherence to the regular sweeping schedule the streets, medians, centerlines or parking lots missed shall be deducted from the monthly rate or rescheduled as a "make up sweep," at the discretion of the City Manager or his designee. Such "make up sweeping," shall occur without interruption of the regular sweeping schedule as described below, and no later than; 1) the next working day for streets swept more than once per week, 2) four days for streets swept once per week, and 3) seven calendar days for streets or lots swept twice per month. The Contractor shall perform all extra work required by such inclement weather without additional charge. Street sweeping holidays for residential streets shall be New Years Day, Memorial Day, Independence Day (fourth of July), Labor Day, Thanksgiving and Christmas, the same holidays for solid waste collection. On those days and the remaining days of that week solid waste and recycling service is delayed one day (Friday's trash and recycling services are provided on Saturday). The Contractor shall make any adjustments necessary to follow solid waste and recycling service as described in Section 2-15 of this document. The Contractor shall perform make-up sweeping for holidays at no additional cost to the City. The City Manager or his/her designee may at his/her discretion upon consultation with the Contractor cancel service for one or more Classes of service (Exhibit A) and direct the Contract to deduct the mileage for that day from the monthly payment. in the event the Contractor is prevented from completing the sweeping as provided in the schedule because of reasons other than inclement weather, the Contractor shall be required to complete the sweeping services as described under "make up sweep," above at no additional cost to the City, or at the City's discretion give the City credit for the work not so performed at the rate specified in Section 1.08. Failure to sweep streets on schedule for reasons other than inclement weather or acts not reasonably within the plan and control of the Contractor, as determined by the City, shall be subject to Bid # - 01/02 Street Sweeping Services Addendum #1-March 1, 2001 the "Enforcement Sttrnmary & Incentives," of the Agreement, Exhibit C. 2-17 INTERPRETATION OF SPECIFICATION. - Should any discrepancy appear, or any misunderstandings arise as to the meaning or interpretation of anything contained in these specifications, the matter shall be decided by the City Manager or his/her designee and the interpretation of the City Manager shall be binding upon the Contractor. 2-18 VERIFICATION OF WORK. - It shall be the responsibility of the City Manager to guarantee the execution of the contract in accordance with its terms and specifications. To this end, he (she) may appoint a designee who shall also be responsible for the inspection and monitoring of the work performed under the Contract. As required in Section 2-14, the Contractor shall submit Route Lists for all scheduled cleaning prior to contract award. Prior to the Contract award, the City Manager or his/her designated representative will review these schedules for accuracy and efficiency. Prior to award of the Contract, the successful Contractor shall meet with the City Manager or his/her designated representative to review the Contract and make any necessary changes to the Route Lists and/or Contractor's work plan. Upon commencing work, all Route Lists shall be updated by the Contractor, and thereafter shall become the basis for: A. the Contractor's sweeping routes, B. the City's inspection of sweeping, C. the invoicing of cycles completed, and D. payment by the City for services rendered. Any changes or revisions to Route Lists throughout the contract period must have the prior written approval of the City Manager or his/her designee. Prior to award of the contract, the Contractor shall provide the name of a contact person and phone number for use by the City Manager or designee in case of routine questions relating to the contract, street sweeping schedule, new street additions and resolution of citizen complaints. The Contractor shall prepare a monthly cleaning cycle showing the proposed sweeping route schedule and submit two hard copies and one electronic copy to the City. In the event the schedule is changed, the Contractor shall submit a revised route schedule to the City at least five (5) working days pr/or to the change. In the event a sweeping route or routes are changed, the Contractor shall submit a revised list and map of the proposed route. Such route lists and maps shall be submitted for both Contractor and City initiated mute changes, including additions caused by acceptance of new streets into the City's maintained mileage, at least five (5) working days prior to sweeping. The City Manager or his/her designee shall monitor the Contractor's work performance. Ail 19 Bid # - 01/02 Street Sweeping Services Addendum #1-March 1, 2001 streets must be cleaned by the Contractor to the City's satisfaction and the highest level of care and skill exercised by members of the profession for providing municipal street cleaning service. Any deficiency in the Contractor's performance shall be reported to the Contractor. The Contractor shall correct such deficiencies no later than 24 hours following receipt of such notice. The City shall maintain a log of inspections and will verify completion of the Contractor's work with the Contractor once per month. The City Manager or his/her designee may at their discretion delete a street from the sweeping schedule that is under rehabilitation or construction or will be under construction by the City. The Contractor shall also delete any streets that cannot be swept due to construction or rehabilitation by other agencies and immediately notify the City Manager or his designee. Such deletions shall be reflected in the Contractor's request for payments. Upon approval of the City Manager or his/her designee the section(s) of streets deleted may be re-entered at the first scheduled cycle following completion of the rehabilitation. Prior to re-entering any such street into the cycle, the Contractor may request that the City perform a field inspection to determine what cleaning the contractor rehabilitating or constructing the street may need to provide to prepare the street. In no event will the Contractor be allowed additional compensation by the City for initial cleaning of a re-entered street following rehabilitation or construction unless they have obtained prior written authorization for such payment from the City Manager or his/her designee. In addition to the procedure for verification of work performed as described herein, the Contractor shall lend whatever necessary assistance the City request with respect to verification of work performed. 2-19 OTHER SPECIAL SWEEPING SERVICES - The City may from time to time require miscellaneous sweeping on a call-back basis, such as accidents, sweeping after special events or miscellaneous needs. The Contractor shall bid a per hour rate for "Special Sweeping Services." The time charged for this callback work outside regularly scheduled sweep hours may include travel time to and from the work site, not to exceed 1/3 hour each way, for a total travel time of 2/3 hours. 2-20 ACCIDENTS - Any and all accidents, regardless of how minor, involving another person, private property, or vehicle shall be reported immediately to the Chula Vista Police Department and a Police report requested. The City Manager or his/her designee and Risk Management Officer shall also be contacted as soon as possible but no later than the beginning of the next working day. 20 Bid # - 01/02 Street Sweeping Services Addendum #1-March 1, 2001 SECTION 3. SELECTED PROVISIONS OF AN AGREEMENT 1. ASSIGNMENT The Contractor shall not .assign, sublet, sub contract or lease any part or portion of this agreement without the prior written approval of the City Manager. The City reserves the fight to approve or reject any subcontractor proposed to perform any portion of this Agreement. 2. 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. 4. TERMINATION A. Default The City may, by written notice of default to the Contractor, terminate the whole or any part of this contract in the following circumstances. If the work to be done under the contract is abandoned by the Contractor or if the contract is assigned without the written consent of the City; or if the Contractor is adjudged bankrupt; or if a general assignment of his/her assets is made for the benefit of his/her creditors; or if a receiver is appointed for the Contractor of any of his/her property; or if the work under this contract is being unnecessarily delayed, or the Contractor is violating any of the material conditions of the contract; or that the Contractor is executing the same in bad faith or otherwise not in accordance with the terms of said contract; then, in the event any of the foregoing occurs, the City may serve written notice upon the Contractor and his/her surety of the City's intention to terminate this contract. Unless within 10 days after the serving of such notice, a satisfactory arrangement is made for continuance, the Contractor shall be deemed in default and the contract shall Bid # - 01/02 Street Sweeping Services Addendum #1-March 1, 2001 be automatically terminated and the City may take over and prosecute the work to completion, by contract or otherwise. If at fault, the Contractor and his/her surety shall be liable to the City for all damages as well as excess cost sustained by the City by reason of such prosecution and completion by the City. Time shall be of the essence as to any action performed by the Contractor to correct conditions as set forth in this provision. In the event of termination, the City retains the first right to purchase at fair market value the Contractor's equipment and/or vehicles. The City also retains the right to take over Contractor's equipment and/or vehicles on a rental basis in order to continue sweeping until alternate arrangements can be made. If the equipment is taken over by the City on a rental basis, the City shall pay the Contractor the rental rate included in the most recent edition of Labor Surcharge and Equipment Rental Rates published by the State of California; Business, Transportation and Housing Agency; Department of Transportation; Division of Construction. The City also retains the right to hire another Contractor to continue sweeping. It is agreed that in the event the Contractor shall be adjudged bankrupted, a receiver appointed or a general assignment of the benefit of creditors is made, or it is proven insolvent or fails in business, the contract shall not be asset of the Contractor. Such Performance Bonds shall guarantee the performance of the Contractor under the terms and conditions of the specifications contained herein and the Contract for Services between the parties. B. Any termination shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent to which performance of work under the agreement is terminated, and the date upon which such termination becomes effective. After receipt of a Notice of Termination, and except as otherwise directed by the City, the Contractor shall: 1. Stop all work under the agreement on the date and to the extent specified in the Notice of Termination. 2. Place no further orders or subcontracts for materials, services or facilities, except as may be necessary for completion of such portion of the work under the agreement as is not terminated; 3. Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination; 4. Settle all outstanding liabilities and all claims arising out of such termination or Bid # - 01/02 Street Sweeping Services Addendum #1-March 1, 2001 orders and subcontracts, with the approval or ratification of the City, which approval or ratification shall be final for all purposes of this clause. C. After receipt of a Notice of Termination, the Contractor shall submit to the City a termination claim, in the form and with certification prescribed by the City. Such claim shall be submitted promptly but in no event later than SIXTY (60) days from the effective date of termination, unless one or more extensions in writing are granted by the City upon written request of the Contractor. D. The total sum to be paid to the Contractor shall not exceed the total agreement price as reduced by the amount of payments otherwise made and as further reduced by the agreement price of work not completed. If either party brings any action or proceeding to enforce, protect or establish any right or remedy, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs as awarded by the court. E. In the event of any dispute arising concerning termination, both parties agree to submit the dispute to arbitration. Each party shall select its own arbitration representative, and if they are able to agree, they shall select a third arbitrator, and the decision of the third arbitrator shall be conclusive and binding. The selection of arbitrators shall be made with ten (10) days of written notice by either party to the other of a dispute arising under this section, and the arbitration process shall take no longer than twenty (20) days. 23 Bid # - 01/02 Street Sweeping Services Addendum #1-March I, 2001 BIDS TO THE CITY COUNCIL CITY OF CHULA VISTA, CALIFORNIA FOR STREET SWEEPING SERVICES NAME OF BIDDER BUSINESS ADDRESS The work to be done consists of providing labor, materials and equipment to sweep all public streets and selected intersections in Chula Vista. The undersigned, as bidder, declares that the only persons or parties interested in this bid as principals are those named herein; that this bid is made without collusion with any other person, firm, or corporation; that he/she has carefully examined the locations of the proposed work, the request for bids, and he/she proposes, and agrees if this bid is accepted, that he/she will contract with the City of Chula Vista, in the form of the City's Standard Two-Party Agreement, to provide all necessary machinery, tools, apparatus, and to do all the work and furnish all the materials specified in the bid, in the manner and time therein prescribed, according to the requirements of the City Manager or his/her designee as therein set forth, and that he/she will take in full payment therefore the following items priced, listed both in figures and words. (In case of discrepancy between the words and figures, the words shall govern and the figures shall be disregarded.) A *certified check made payable to the City of Chula Vista for A *bond in favor of the City of Chula Vista for dollars ($ .) Is attached hereto to guarantee the selected bidder will enter into a contract with the City of Chula Vista in accordance with the bid submitted. *Strike out inapplicable phrase. 24 Bid # - 01/02 Street Sweeping Services Addendum #1-March 1, 2001 The undersigned further agrees that in the case of default in executing the required contract, with necessary bonds, within (10) ten calendar days, after having received notice of award that the proceeds of the cash, check, or bond accompanying his/her bid shall become the property of the City of Chula Vista. Signature of Bidder (If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-parmers composing the firm. If a corporation, state legal name of corporation, also names of president, secretary, treasurer, and manager thereof.) Business Address Phone Dated: ,19 (STSW9798.BID) 25 Bid # - 01/02 Street Sweeping Services Addendum #t-March 1, 2001 BID BOND FOR STREET SWEEPING SERVICES KNOW ALL MEN BY THESE PRESENTS that , as BIDDER, and held firmly bound unto the City of Chula Vista, as AGENCY, in the penal sum of dollars ($ ), which is ten percent of the total amount bid by BIDDER to AGENCY for the above stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above stated project. If said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF, the parties hereto have set their names, titles, hands, and seals this __ day of ,19__. BIDDER SURETY Acknowledgement of Execution of BIDDER and SURETY, in the proper format, shall be attached to this bond. 26 Bid # - 01/02 Street Sweeping Services Addendum #1-March 1, 2001 LIST OF SUBCONTRACTORS The bidder shall list the name and address of each subcontractor, required to be listed by the provisions in Section 1.07, to whom the Bidder proposes to subcontract portions of the work. All Contractors and subcontractors must obtain a business license from the City of Chula Vista before a notice to proceed will be issued. Description (Type) of Portion Name and Address of Work Subcontracted 27 Bid # - 01/02 Street Sweeping Services Addendum #1-March 1, 2001 REFERENCES Company Name: Address: Phone Number: Contact Person: Company Name: Address: Phone Number: Contact Person: Company Name: _ Address: Phone Number: Contact Person: Company Name: Address: Phone Number: Contact Person: Attach additional Sheets if needed. Attach a list of all current street sweeping agreements or agreements that were in effect at any time in the past two years with local and or state government agencies or jurisdictions within the Sate of Califomia. Please provide the name of the jurisdiction, contact name and phone number and if the agreement has been terminated the reason for its termination. 28 Bid # - 01/02 Street Sweeping Services Addendum #1-March 1, 2001 Disposal, Composting and Recycling Information Facility Name: . Address: City , Zip . Phone # ( ) , Type of Facility: Contact person/title: Rate per ton for the first year of the contract $ (bid in words) Annual Increases if applicable $ , (bid in words) Facility Name: . Address: City ,Zip . Phone# ( ) , Type of Facility: Contact person/title: Rate per ton for the first year of the contract $ (bid in words) Annual Increases if applicable $ , (bid in words) Use additional pages if necessary. The City's previous street sweeping contractor generated an average of seventy (70) tons of street sweeping debris per month for the past three years. At that time Class A, (most residential) streets, medians and center lines where only swept once per month. Those streets are now being swept twice per month and the largest monthly waste generated since November 2000 was approximately 110 tons per month. Bid # - 01/02 Street Sweeping Services Addendum #1-March 1, 2001 EXHIBIT A SWEEPING CLASS BY SCHEDULE ESTIMATED ESTIMATED LINEAR FEET CURB MILES SWEEP CLASS A TOTAL RESIDENTIAL STREETS TO BE SWEPT TWICE PER MONTH 2,567,640 486.30 SWEEP CLASS B TOTAL BUSINESS/COMMERCIAL STREETS SWEPT ONCE PER WEEK 563,872 106.79 SWEEP CLASS C TOTAL COMMERCIAL STREETS SWEPT TWICE PER WEEK 5,320 1.01 SWEEP CLASS D TOTAL CENTER ISLANDS AND MEDIANS SWEPT TWICE PER MONTH 198,950 37.68 ..... SWEEP CLASS E TOTAL CENTER LINES SWEPT TWICE PER MONTH 114,685 21.72 (PASS MILES) SWEEP CLASS F TOTAL NON-CURBED STREETS TO BE SWEPT TWICE PER MONTH 130,066 24.63 GRAND TOTAL 3,580,533 678.13 GRAND TOTAL CURB MILES PER MONTH 1,005.57 30 Bid # - 01/02 Street Sweeping Services Addendum #1-March 1, 2001 Exhibit A Class G Parking lots to be swept once per month: (maps will be handed out at pre-bid con£erence) - Eucalyptus Park (upper and lower lots) 69,710 sq. ft. - * Rohr Park (3 separate lots) 205,404 sq. ft. - Landis and Davidson, north side 25,520 sq. ft. - Landis and Davidson, south side 24,132 sq. ft. - Memorial Park/Parkway Gym 20,913 sq. ft. - Norman Park Center 13,200 sq. ft. - Lauderbach Park/Center 19,350 sq. ft. -Gael McCandliss Park 5,797 sq.ft. - Greg Rogers Park 22,914 sq. ft. -Palomar Park 14,1990 sq.ft. - Rienstra Park/Max Field 85,083 sq. ft. - Loma Verde Park 88,468 sq. ft. - SDG&E Park on Hilltop at Rienstra 11,329 sq. ft. - Hilltop Park at Telegraph Cyp. 10,877 sq. ft. - Bayfront Park 15,000 sq. ft. - Civic Center Library 59,864 sq. ft. - Discovery Park 64,670 sq. ft. - Chula Vista Community Park 15,370 sq. ft. -Terra Nova Park 15,370 sq. ft. - South Chula Vista Library 82,780 sq. ft. Civic Center Area - Memorial Way - Area B 16,640 sq. ft. - Public Services - Area D 16,480 sq. ft. - Fire Station No. 1 - Area E 83,920 sq. ft. - Fire Station No. 1 - Area F 18,560 sq. ft. - Legislative Offices - Area G 10,560 sq. fi. - Mercy Building TOTAL 996,114 sq. ft. Additional Parking lots to be swept on an as-needed basis to be paid per 100 square feet per Section H of the bid, not to be included in parking lot Class G bid. 31 Bid # - 01/02 Street Sweeping Services Addendum #1-March 1, 2001 EXHIBIT B STREET SWEEPING SCHEDULE FOR CITY OF CHULA VISTA BY STREET CLASS Using Exhibit A Street list and length, and Parking lot list, provide rates bid for the first year only using the following schedule: Class A streets to be swept twice every month as designated in Exhibit A. Class B streets to be swept once every week as designated in Exhibit A. Class C streets to be swept twice per week as designated in Exhibit A. Class D center islands and medians swept twice per month as designated in Exhibit A. Class E center lines swept twice per month as designated in Exhibit A. Class F non-curbed streets swept twice per month as designated in Exhibit A. Class G parking lots swept twice per month as designated in Exhibit A. Class H other special sweeping services requested by the City as designated in Exhibit A. 32 Bid # - 01/02 Street Sweeping Services Addendum #1-March 1, 2001 BID FOR STREET SWEEPING SERVICE Exhibit B AS DESIGNATED BY EXHIBIT A The undersigned hereby agrees to perform street sweeping services for the City of Chula Vista in accordance with Bid #??-01/02 Addendum #1 dated March 1, 2001. The rates bid indicated below shall be for the first year only. Rates for subsequent years shall be adjusted according to the request for bids, specifications and agreement. City reserves the right to award a sweeping contract on all or any parts of the areas listed below as deemed to be in the best interest of the City. NOTE: New streets and parking lots added by the City during the life of this contract shall be swept at the applicable unit price and frequency bid herein. A. Streets swept twice per month designated in Exhibit "A" as Class A. Rate Bid per Curb Annualized Annual Curb Miles Mile (in Figures) Cost - 1st year 486.30 x 24 = 5,835.60 $ per curb mile $ Rate Bid (in words) B. Streets swept once every week as designated in Exhibit "A" as Class B. Rate Bid per Curb Annualized Annual Curb Miles Mile (in figures) Cost - 1 st year 106.79 x 52 = 5,553.08 $ per curb mile $ Rate Bid (in words) C. Streets swept twice a week as designated in Exhibit "A" as Class C. Rate Bid per Curb Annualized Annual Curb Miles Mile (in figures) Cost - 1 st year 1.01 x 104 = 105.04 $ per curb mile $ Rate Bid (in words) Bid # - 01/02 Street Sweeping Services Addendum #1-March 1, 2001 BID (cont'd) D. Center islands and medians swept twice per month as designated in Exhibit "A" as Class D. Rate Bid per Curb Annualized Annual Curb Miles Mile (in figures) Cost - 1st year 37.68 x 24-- 452.16 $ per curb mile $ Rate Bid (in words) E. Center lines swept twice per month as designated in Exhibit "A" as Class E. Rate Bid per Pass Annualized Annual Pass Miles Mile (in figures) Cost - 1 st year 21.72 x 24 = 260.64 $ per pass mile $ Rate Bid (in words) F. Non-curbed streets swept twice per month as designated in Exhibit "A" as Class F. Rate Bid per Curb Annualized Annual Curb Miles Mile (in figures) Cost - 1 st year 24.63 x 24 = 295.56 $ per curb mile $ Rate Bid (in words) G. Parking lots swept once per month as designated in Exhibit "A" as Class G. Rate Bid per 100 Sq. Ft. Annualized Annual Square Feet(x 100) (in figures) Cost - 1 st year 9961.14 x 12 = 119,533.68 $ per 100 Sq. Ft. $ Rate Bid (in words) 34 Bid #12 - 96/97 Street Sweeping Services Addendum #1-April 30, 1997 BID (cont'd) GRAND TOTAL OF SECTIONS A - G $ Grand Total On words) H. Other specialized or additional sweeping requested by the City. Hourly Rate (in figures) $ per hour for Weekdays Hourly Rate (in words) Hourly Rate (in figures) $ per hour or Weekends and Holidays Hourly Rate (in words) Mileage Rate (in figures) $ _ per curb/pass mile Mileage Rate (in words) Area Rate (in figures) $ per 100 square feet Area Rate (in words) NOTE: This category H does not include new streets and parking lots accepted by the City during the term of this contract. New streets and parking lots shall be added per the applicable unit price bid item. I. Bid Alternate - Sweep recreation parking lots on Mondays weekly between March 15 and September 31. Rate Bid per Annualized Annual Area Rate 100 sq.ft. (in figures) Cost - 1st year $ per 100 sq.ft. $ Rate Bid (in words) This Bid Alternate I will not be considered in the evaluation for award of the contract. Other Information Requested Refuse tipping Fee Per ton $ Rate Bid (in words): Distance from 805 and Telegraph Canyon Road to Disposal Site Number of Miles Distance (in words). 35 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EXTENDING THE AGREEMENT FOR CITYWIDE STREET SWEEPING SERVICES WITH CANNON PACIFIC SERVICES ON A MONTH-TO-MONTH BASIS FOR NOT MORE THAN THE PERIOD OF JULY 1, 2001 TO DECEMBER 31, 2001 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WHEREAS, on November 7, 2000, the City Council authorized the award of a street sweeping agreement with Cannon Pacific Services (Cannon); and WHEREAS, Cannon had been the second lowest respondent to an RFP process in 1997 and agreed to meet the terms of the initial agreement with modifications including an increase in total miles to be swept, a monthly credit to the City for free disposal and a consumer price index adjustment; and WHEREAS, Cannon has also offered a significant improvement in equipment and schedule that staff believes has resulted in significantly better service to residents and businesses; and WHEREAS, staff is requesting that Council authorize the extension of the current agreement with Cannon Pacific, on a month- to-month basis for a maximum of six months; and WHEREAS, the additional time will provide staff the time needed to complete the new bid process. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby extend the Agreement for Citywide Street Sweeping Services with Cannon Pacific Services on a month-to-month basis for not more than the period July 1, 2001 to December 31, 2001. 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 Michael Meacham John/~. Kaheny ~' Special Operations Manager citI~Attorney J: \attorney\reso\s~reet sweeping CITY COUNCIL AGENDA STATEMENT ITEM NO.: o MEETING DATE: 07/10/01 ITEM TITLE: RESOLUTION APPROVING CITY OF CHULA VISTA PARTICIPATION IN THE SAN DIEGO HOUSING AND FINANCE AGENCY LEASE- PURCHASE PROGRAM SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR REVIEWED BY: EXECUTIVE DIRECTOR ~ ~ ~ 4/5THSVOTE: YES ~ NO~ BACKGROUND On March 1, 2001, the San Diego Area Housing & Finance Agency (SDHFA) Board approved a Lease-Purchase Program and authorized the execution and delivery of variable rate SDHFA lease revenue bonds to be used as financing. On April 11, 2001, tax-exempt bonds were sold in the amount of $75,000,000. Funds are currently available at a rate of 7.25% for a 30 year fixed loan. The goal of the program is to assist homebuyers earning up to 140% of the Area Median Income who might have credit issues or not enough money for the down payment and closing costs required to purchase a home in a standard purchase transaction. The County and many other San Diego area cities formed the SDHFA to implement the Lease-Purchase Program through a Joint Powers Authority (JPA). The City of Chula Vista is not a member of the JPA, because it was determined that the additional risks and issues created by participation in the JPA did not provide sufficient new benefits to make that approach superior to the existing arrangement with the County. Upon the completion of the designated 22-month period for this bond allocation, a new JPA can be established, at which time Chub Vista can seek membership, should that be desired. All applicants for the Lease-Purchase Program receive the same priority regardless of whether or not the City is a member of the JPA. The purpose of bringing the Lease-Purchase Program before Council is to formally authorize the SDHFA to operate the program within the boundaries of the City of Chub Vista. Although residents of the City of Chula Vista are currently eligible to receive funding PAGE 2, ITEM NO.: MEETING DATE: 07/10/01 through the Lease-Purchase Program, the SDHFA is awaiting formal authorization to include Chula Vista as a participating city. RECOMMENDATION That the City Council adopt the resolution approving participation in the San Diego Housing and Finance Agency Lease-Purchase Program BOARDS/COMMISSIONS RECOMMENDATION The Housing Advisory Commission reviewed and recommended participation in the Lease-Purchase Program on March 28, 2001. Proqram Overview The Lease-Purchase Program will be administered by Affordable Housing Applications, Inc. (AHA) who has contracted with SDHFA to implement and manage the program. The City of Chula Vista will refer interested applicants to AHA. An applicant "Lease-Purchaser" is assisted on a first-come first-serve basis. The Lease- Purchaser selects a home in one of the participating cities and makes an offer on the property. The SDHFA purchases the home and leases it to the Lease-Purchaser for the next 39 months. The Lease-Purchaser makes a monthly housing payment, which is approximately the same as a regular mortgage payment. By the end of the 39 months, if the Lease-Purchaser has established a good payment record and cleared up any past credit problems the Lease-Purchaser then assumes the 30-year fixed rate mortgage from the SDHFA and becomes the sole owner of the home. Eligible properties include new, resale, attached or detached homes within the legal boundaries of San Diego County and any participating city in the County. The current maximum purchase price is $283,500. The price of the home is determined at the time of initial purchase by the SDHFA. The equity component of lease payments during the lease period is credited to the Lease- Purchaser at the time of assumption. There is no adjustment at the time of assumption. Equity accrued through appreciation up to 8% is credited upon assumption to the Lease- Purchaser. If appreciation exceeds 8%, the overage may be represented in the form of a PAGE 3, ITEM NO.: MEETING DATE: 07/10/01 silent third loan, expected to be forgiven if the Lease-Purchaser retains the program financing for three years after the assumption. The Lease-Purchaser who leaves the program without assuming the financing foregoes any of the equity or appreciation. The Lease-Purchaser must have sufficient income to pay monthly lease payments, and at the end of the lease period of 39 months, the mortgage payment. There is no minimum credit score, also referred to as a FICO score, to enter the program; however there should be a reasonable expectation that the Lease-Purchaser will attain at least a 620 FICO score by the end of the lease term in order to qualify to assume the loan. The 39 month lease period provides the Lease-Purchaser with the opportunity to receive credit counseling, clear up any past credit problems, and establish good credit by making timely lease payments. Completion of a homebuyer education course will be required of all Lease-Purchasers before the close of escrow. During the lease period, financial and debt management counseling will be provided by Consumer Credit Counselors for all lease-Purchasers with credit scores below a 620 FICO score. The Lease-Purchaser must live in the home being purchased. They are not required to be a first time homebuyer, but at the time of purchase, may not own a home, which could be used as a principal residence in San Diego or any contiguous county. The Lease-Purchaser will assume a 97% conventional, 30-year fixed-rate loan, underwritten to Freddie Mac guidelines. Loans made during the first three months of the program will be at an interest rate of 7.25%. Every three months, the rate for new loans will be adjusted to match the market, but each participant will always receive a fixed-rate loan. Proqram Costs and Fees The down payment provided under the program is 3% of the purchase price. The California Housing Insurance Fund, a State agency, initially extends the downpayment as a silent second loan. At the time of the assumption of the first mortgage, the Lease- Purchaser will assume this second loan, which requires no monthly payments. It is to be repaid with 3% simple interest upon sale or transfer of the property. There is a 2% of purchase price commitment fee, which will be negotiated between the Applicant and the Seller. A third pady can also contribute. If the Lease-Purchaser pays 1% of that fee, the cash needed to close would be 1% of the purchase price plus $403 toward a home warranty policy plus approximately $600 in program fees, which will be PAGE 4, ITEM NO.: MEETING DATE: 07/10/01 refunded to the Lease-Purchaser at the close of escrow. Program costs required from the Seller include the negotiated portion of the 2% fee plus $403 for the home warranty policy. Closing costs of up to 4.5% of the purchase price will be paid for by the SDHFA with no repayment obligation. Third Party Agents Lease-Purchasers may choose from a list of funding lenders who have been selected to participate in the Lease-Purchase Program. Peal Estate Agents representing the Seller and/or the Lease-Purchaser will play their standard role in the Lease-Purchase Program and will collect their standard commissions. Lease-Purchasers may work with the Agent of their choice, but the Agent must be trained and certified for participation in the Lease- Purchase Program. Periodic training sessions for new Agents will be offered as needed. FISCAL IMPACT Funds for the program are provided by bond proceeds obtained by the SDHFA. Chula Vista will not contribute city funds and will not be liable for any Lease-Purchaser obligations. Therefore, there is no direct fiscal impact for the City of Chula Vista except for staff time required to administer the program.. J:\COMMDEV~STAFF.REP~07-10-01\LEASE-PURCHASE.DOC 06/27/2001 3:47 PM COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CITY OF CHULA VISTA PARTICIPATION IN THE SAN DIEGO HOUSING AND FINANCE AGENCY LEASE-PURCHASE PROGRAM WHEREAS, on Mamh 1, 2001, at the San Diego Area Housing & Finance Agency (SDHFA) Board Meeting, the Board approved a Lease-Purchase Program by authorizing the execution and delivery of variable rate SDHFA lease revenue bonds to be used as financing for the Lease-Purchase Program; and WHEREAS, the County and many other San Diego area cities have formed the SDHFA to implement the Lease-Purchase Program; and WHEREAS, the City of Chula Vista endeavors to implement and participate in programs that increase affordable homeownership; and WHEREAS, the Lease-Purchase Program provides homeownership opportunities for homebuyers earning at or below 140% of Area Median Income; and WHEREAS, the Lease-Purchase Program allows homebuyers to purchase a home with less out of pocket costs than the normal purchase transaction; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve participation in the San Diego Housing and Finance Agency Lease-Purchase Program. Presented by Approved as to form Chris Salomone Jo~M. ~eny Director of Community Development ~ty A. orne~ J:~COMMDE~RESOS~Lease-Purchase Program.doc COUNCIL AGENDA STATEMENT Item Meeting Date 7/10/2001 ITEM TITLE: Resolution Certifying the Final Envirorm~ental hnpact Report (FEIR), adopting the Findings of Fact and approving the first phase of the construction of the Salt Creek Gravity Sewer Interceptor. / SUBMITTED BY: Director of Public Works REVIEWED BY: City Manager (4/Sths Vote: Yes No X ) Further refinements are being made to this item; therefore, it is recommended that this item be continued to the meeting of July 17, 2001. .l:\}~l~gineer\AGENDA\Salt-Creek-F[!lR-2 (cont'd) doc COUNCIL AGENDA STATEMENT Item No.: / ~ Meeting Date: 7/10/01 ITEM TITLE: PUBLIC HEARING: Consideration of the Final Subsequent Environmental Impact Report (E1R 01-01) and its attendant Addendum, California Environmental Quality Act (CEQA) Findings of Fact, Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program for the EastLake III Replanning Program. RESOLUTION EIR-01-01: Resolution of the City Council of Chula Vista Certifying the Final Subsequent Environmental Impact Report (FEIR 01-01) for the EastLake III Woods and Vistas Re-Planning program with its attendant Addendum; making certain Findings of Fact; Adopting a Statement of Overriding Considerations; and Adopting a Mitigated Monitoring and Reporting program Pursuant to the California Environmental Quality Act. SUBMITTED BY: Director of Planning and Building~~ REVIEWED BY: City Manager '~'~ (4/5ths Vote: Yes No__ ) The Salt Creek Sewer EIR (Item #9) is being continued to the July 17~t~ Council Meeting, therefore, the EastLake III Environmental Impact Report (EIR 01-01) (Item #10) is also being continued to July 17th due to its interrelationship to the Salt Creek Sewer EIR. CITY COUNCIL AGENDA STATEMENT Item:~ Meeting Date: July 10, 2001 ITEM TITLE: PUBLIC HEARING: Consideration of the Final Subsequent Environmental Impact Report (EIR 01-01) and its attendant Addendum, California Environmental Quality Act (CEQA) Findings of Fact, Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program for the EastLake III Replarming Program RESOLUTION EIR-OI-0l: Resolution of the City Council of Chula Vista CertifYing the Final Subsequent Environmental Impact Report (FEIR 01-01) for the EastLake III Woods and Vistas Re- Plarming program with its attendant Addendum; making certain Findings of Fact; Adopting a Statement of Overriding Considerations; and Adopting a Mitigation Monitoring and Reporting program Pursuant to the California Environmental Qwlity Aot ~ SUBMITTED BY: Director of Planning and Buildin r; (V- REVIEWED BY: City Manager f-" Dr" (4/5ths Vote: Yes - No~ Consideration of a Final Subsequent Environmental Impact Report (SEIR) for the EastLake III Woods and Vistas Re-Plarming Program and its attendant Addendum. Pursuant to the California Environmental Quality Act, a Subsequent EIR has been prepared for the EastLake III project, which analyzes the environmental impacts of the proposed project. City Council action on the certification of the SEIR must be taken prior to action on the EastLake III project. The Subsequent EIR for EastLake III must be considered by the City Council in making the decision on the project. RECOMMENDATION: That the City Council adopt the Resolution certifYing the Final EIR and and its attendant Addendum, adopt CEQA Findings of Fact, statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program. BOARD/COMMISSION RECOMMENDATIONS: Plarming Commission The Plarming Commission met on June 27, 2001 and at that time adopted Resolution Number EIR 01-01 certifYing the Final EIR and its attendant Addendum, and adopting the CEQA Findings of Fact, Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program. /Ó-j Page2,Item /0 Meeting Date: July 10, 2001 The Commission asked questions regarding mitigation for cumulative traffic impacts, views of project development from Otay Reservoir, provisions for affordable housing, project recreational features, and the relationship between school capacity and new students projected to be generated by the project. Based on information contained in the Final SEIR and the proposed EastLake III General Development Plan (GDP) amendment and Sectional Planning Area (SPA) Plan for the Woods and the Vistas, (both of which are part of the EastLake III Re-Planning Program), staff responded to all questions raised by the Planning Commission. Resource Conservation Commission The RCC determined that the Final SEIR and Addendum are adequate and complete, and recommended certification of the Final SEIR and approval of the Addendum. DISCUSSION: Proposed Project The purpose of the proposed project is to replan the land use distribution for EastLake III through a General Development Plan (GDP) amendment, and to adopt a Sectional Planning Area (SPA) Plan for the Woods and Vistas with associated regulatory documents. Related actions include adoption of amendments to the General Plan Land Use and Circulation Elements and the EastLake II GDP. A conceptual tentative map for the Woods and Vistas is also evaluated in the SEIR, although it is not being considered for approval at this time. Subsequent EIR Requirement This document is a "Subsequent EIR," which means that it is tiered off previously prepared EIRs. The EastLake III project area has been previously addressed in several environmental documents, including the original Master EIR for EastLake (EIR 81-3); EIRs for EastLake I GDP (84-1), EastLake III Olympic Training Center (89-9); and EastLake Business Center II Annexation Mitigated Negative Declaration (00-33). Comments on the Draft Subsequent EIR Letters of comment were received on the Draft SEIR from the following agencies and organizations: Federal Aviation Committee (FAA California Department of Transportation California Department of Fish and Game California Department of Toxic Substances Control City of San Diego San Diego County Archaeological Society (SDCAC Sweetwater Valley Civic Association /O-~ Page 3, Item /0 Meeting Date: July 10, 2001 The letters and responses are included in the Final SEIR. Also included are the minutes from the Planning Commission public hearing on the Draft EIR and related responses to the Commission's comments. Additional Revisions to Draft Subsequent EIR Several corrections have been made to the Draft SEIR. The Final SEIR reflects the corrected information. None of the corrections resulted in modifications to conclusions regarding the significance of impacts. The Errata in the Final SEIR summarizes the corrections and related revisions. Narrow Endemic Surveys Seasonal fluctuations in narrow endemic plant species such as Otay tarplant are expected to occur. Greater numbers of individuals may occur in some years while reduced numbers may occur in other years. Because there is no way to identify a predictable count of individuals, the mitigation measure in the Final SEIR has been modified as described to require mitigation based on the results of a spring survey conducted prior to issuance of any grading permit or the clearing, grubbing, cutting or removal of vegetation, whichever comes first. Furthermore, in no event shall mitigation be based on less than 32 individuals, The applicant conducted a spring survey of Otay tarplant during June 2001. Preliminary results indicate that a greater number of tarplant individuals were observed during the 2001 survey than the survey conducted for the Draft EIR. All of the individuals were located in the same area as in the earlier survey and the area of impact is not expanded. Based on preliminary results of the June 2001 survey, a greater number of individuals would be impacted by the project than the 32 individuals identified in the Draft SEIR. However, the impact would still fall below the 20 percent take provision of the City's Multiple Species Conservation Plan. Findings of the Final Subsequent EIR Project level and cumulative impacts are identified and divided into three categories: 1) significant and unmitigable to a less-than-significant leyel, 2) significant and mitigable, and 3) less than significant. All feasible mitigation measures have been incorporated into the project or made conditions of approval. Feasible mitigation measures are those that are capable of being implemented. If they are infeasible, they cannot be implemented. A more detailed analysis of some measures will be required at the time of approval of the tentative map or grading plan, (such as noise and geological mitigation measures). In order to approve the proposed project, a Statement of Oveniding Considerations must be adopted. The Statement of Oveniding Considerations identifies the substantial social, /0--5 Page 4, Item!!.... Meeting Date: July 10, 2001 environmental and economic benefits that warrant overriding the significant, unmitigable impacts. This Statement allows the City to approve a project with significant environmental impacts that cannot be mitigated. The Statement of Overriding Considerations is part of the proposed "Findings of Fact." The impact conclusions summarized below are based on the Final SEIR for the proposed project and previous EIRs. With the exception of cumulative traffic, air quality and landform alteration/visual quality, all significant impact can be feasibly mitigated to less than significant. Significant and Not Mitigable The significant, unmitigable impacts identified in the Final SEIR are either cumulative or regional in nature. Cumulative impacts are significant when the project is combined with other projects in the subregion, whereas an impact that is regional in nature is beyond the sole control of the City of Chula Vista. The reasons for the determination of significant and unmitigable are discussed below: TransportationITraffic Circulation (cumulative) For the years 2005, 2010, 2015 and 2020, and the buildout scenario, significant cumulative impacts are identified for I-80S, between Bonita Road and Telegraph Canyon Road. The mitigation for these impacts is continued freeway planning efforts by Caltrans and SANDAG to determine acceptable mitigation strategies for the regional freeway system. Freeway improvements are regional in nature and beyond the control of either a single developer or the City. Therefore, the impacts to freeways are considered cumulatively significant and cannot be fully mitigated to a level of less than significant. Air Quality (construction, project, and cumulative) The proposed project will generate air pollutants during construction as well as during long-term operation. Pollutants in the San Diego Air Basin exceed federal and state standards, and the basin is therefore classified as non-attainment. Any incremental increase in pollution, therefore, is considered a significant impact. The regional impact of the proposed project is beyond the control of the City and the applicant, and cannot be mitigated to a level less than significant. Landform Alteration/Visual Quality (cumulative) The proposed project, along with other development, will alter existing landforms and modify the existing visual setting. Open expanses of roIling hills used for agricultural purposes will be developed with clustered residential, commercial and business areas separated by open space. The combined conversion of open space from these projects represents a significant impact. Implementation of an /0 - 'i Page 5, Item /0 Meeting Date: July 10,2001 alternative with reduced impacts is considered infeasible for specific economic, social, and environmental reasons. As a result, to approve the proposed project, the City must adopt a Statement of Oveniding Considerations pursuant to CEQA Guidelines Sections 15043 and 15093, (see Section XI of the CEQA Findings). Significant Impacts Mitigated to Less- Than-Significant Impacts in the following categories for the EastLake ill Replanning Program can be mitigated to a level below significance with implementation of mitigation measures Land Use (project) Transportation/Traffic Circulation (project and cumulative) Biological Resources (project) Hydrology/Drainage (project) Landform AlterationlVisual Quality (project) Geology/Geologic Hazards (project) Noise (project) Cultural Resources/Paleontological Resources (project) Public Facilities Water (project) Recycled Water (project) Sewer (project and cumulative) Educational Facilities (project) Parks and Recreation (project) Police (project) Fire Protection (project) Subsequent EIR Addendum An Addendum to the subject Final Subsequent EIR has been prepared in accordance with Section 15164 of the CEQA Guidelines. The Addendum provides additional information and analysis concerning traffic impacts from the project. The Addendum was required for the following reasons. The traffic analysis in the Final Subsequent EIR is based in part on development according to proposed amendments to the Otay Ranch GDP pertaining to land use and circulation. However, the proposed amendments have not yet been considered for adoption. A traffic model was run recently to determine the potential traffic impacts that would occur from EastLake ill if the adopted Otay Ranch GDP were implemented instead of the proposed Otay Ranch GDP amendments. Analysis of the model indicates that traffic volumes and impacts occuning from the EastLake ill project would be the same or less if the adopted Otay Ranch GDP was implemented instead of the proposed Otay Ranch GDP amendments. /O~5 -------- - ------------- - --------------.-----.- --------~- Page 6, HernlO Meeting Date: July 10, 2001 CONCLUSION: All feasible mitigation measures with respect to project impacts have been included in the Final SEIR Most direct and cumulative impacts can be mitigable to a level of less than significant, provided these measures are adopted. However, unmitigable direct and cumulative impacts remain in the areas of air quality, and cumulative unmitigable impacts remain in the areas of I-80S traffic and landform alteration/visual quality. In the case of air quality and I-80S traffic impacts, the issues are regional in nature and beyond the control of either the applicant or the City. In the case of the cumulative landform alteration/visual quality impacts, the opportunity to achieve substantial social, economic, and environmental benefits that outweigh the impact. Therefore, staff has included a Statement of Overriding Considerations in the Findings of Fact. The City has examined a reasonable range of alternatives (two alternatives) to the proposed project, other than the proposed project described in the Final SErR. Based on this examination, the City has determined that neither of the alternatives (I) meets the project objectives, and/or (2) is environmentally preferable to the project. FISCAL IMPACTS: All costs associated with preparation of the environmental documents have been paid by the project applicant. Attachments: 1. Final Subsequent EIR 01-01 A. Revised EIR Text B. Comments and Responses C. Errata D. Addendum to the Final EIR E. Mitigation Monitoring and Reporting Program 2. City Council Resolution ErR 01-01 3. Findings of Fact and Statement of Overriding Considerations 4. Planning Commission Resolution EIR 01-01 /O-~ RESOLUTION NO. EIR 01-01 RESOLUTION OF THE CITY COUNCIL OF CHULA VISTA CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT (FEIR 01-01) FOR THE EASTALKE III WOODS AND VISTAS RE-PLANNING PROGRAM WITH ITS ATTENDANT ADDENDUM; MAKING CERTAIN FINDINGS OF FACT; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS; AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the EastLake Company submitted an application requesting approvals for amendments to the City of Chula Vista General Plan and EastLake III General Development Plan, and approval of a Sectional Planning Area Plan for the EastLake Woods and Vistas Neighborhoods ("Project"); and WHEREAS, a Draft EIR 01-01 was issued for public review on March 9, 2001 as was processed through the State Clearinghouse; and WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for Draft EIR 01-01 on April 25, 2001; WHEREAS, a Final Subsequent Environmental Impact Report (FEIR 01-01) was prepared on the EastLake III Woods and Vistas Replanning Program; and WHEREAS, FEIR 01-01 incorporates, by reference, the prior EIRs that address the subject property including the Master EIR for EastLake (EIR 81-3, certified by the City Council in February 1982) and the EIR and Supplemental EIR for EastLake III Olympic Training Center (89-9, certified by the Chula Vista City Council in August, 1989) as well as their associated Findings of Fact and Mitigation Monitoring and Reporting Programs; and WHEREAS, to the extent that the Findings of Fact and the Statement of Overriding Considerations for the Project, Exhibit "A" of this Resolution, a copy of which is on file in the office of the City Clerk, known as Document Number, , conclude that proposed mitigation measures outlined in Final EIR 01-01 are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista hereby binds itself and the Applicant and its successors in interest, to implement those measures. These findings are not merely information or advisory, but constitute a binding set of obligations that will come into effect when the City adopts the resolution approving the project. The adopted mitigation measures contained within the Mitigation Monitoring and Reporting Program, Exhibit "B" of this Resolution, a copy of which is on file in the office of the City Clerk, known as Document Number , are express conditions of approval. Other requirements are referenced in the Mitigation Monitoring and Reporting Program adopted concurrently with these Findings of Fact and will be effectuated through the process of implementing the Project. /{J - 7 Resolution Page 2 NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of Chula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all eyidence introduced before the Planning Commission at their public hearings on Draft EIR 01-01 held on April 25, 2001, their public hearing on this project held on June 27, 2001, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision-makers, including documents specified in Public Resources Code Section 21167.6, subdivision(s), shall comprise the entire record of proceedings for any claims under the California Environmental Quality Act ("CEQA") (Public Resources Code §21O00 et seq.). II. FEIR 01-01 CONTENTS That the FEIR 01-01 consists of the following: 1. Subsequent EIR for the EastLake III Woods and Vistas Re-planning Program (including technical appendices) and an Addendum; and 2. Public Comments and Responses to Comment (All hereafter collectively referred to as "FEIR 01-01") III. ACCOMPANYING DOCUMENTS TO FEIR 01-01 1. Mitigation Monitoring and Reporting Program; and 2. Findings of Fact and Statement of Overriding Considerations IV. CERTIFICATION OF COMPIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT That the City Council does hereby find that FEIR 01-01, the Findings of Fact and the Statement of Overriding Considerations (Exhibit "A" to this Resolution, know as Document Number -), and the Mitigation Monitoring and Reporting Program (Exhibit "B" to this Resolution, known as Document Number -) are prepared in accordance with the requirement of CEQA (Pub. Resources Code, §21O00 et seq.), the CEQA Guidelines (California Code Regs. Title 14 §15000 et seq.), and the Environmental Review Procedures of the City of Chula Vista. V. INDEPENDENT JUDGEMENT OF CITY COUNCIL It} - 8 Resolution Page 3 That the City Council finds that the FEIR 01-01 reflects the independent judgment of the City of Chula Vista City Council. VI. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPOTING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS A. Adoption of Findings of Fact The City Council does hereby approve, accepts as its own, incorporate as if set forth in full herein, and make each and everyone of the findings contained in the Findings of Fact, Exhibit "A" of this Resolution, known as Document Number -, a copy of which is on file in the office of the City Clerk. B. Statement of Overriding Considerations Even after the adoption of all feasible mitigation measures and any feasible alternatives, certain significant or potentially significant environmental effects caused by the project, or cumulatively, will remain. Therefore, the City Council of the City of Chula Vista hereby issues, pursuant to CEQA Guidelines Section 15093, a Statement of Overriding Considerations in the form set forth in Exhibit "A," known as Document Number -, a copy of which is on file in the office of the City Clerk, identifying the specific economic, social and other considerations that render the unavoidable significant adverse environmental effects acceptable. C. Certain Mitigation Measures Feasible and Adopted As more fully identified and set forth in FEIR 01-01 and in the Findings of Fact for this project, which is Exhibit "A" to this Resolution, known as Document No. -, a copy of which is on file in the office of the City Clerk, the City Council hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that the mitigation measures described in the above referenced documents are feasible and will become binding upon the entity (such as the project proponent or the City) assigned thereby to implement the same. D. Infeasibility of Mitigation Measures As more fully identified and set forth in FEIR 01-01 and in the Findings of Fact for this project, which is Exhibit "A" to this Resolution, known as Document Number -, a copy of which is on file in the office of the City Clerk, certain mitigation measures described in the above-referenced documents are infeasible. /3, c¡ Resolution Page 4 E. Infeasibility of Alternatives As more fully identified and set forth in FEIR 01-01 and in the Findings of Fact, Section XII, for this project, which is Exhibit "A" to this Resolution, known as Document Number -, a copy of which is on file in the office of the City Clerk, the City Council hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that alternatives to the project, which were identified as potentially feasible in FEIR 01-01, were not found to be feasible. F. Adoption of Mitigation Monitoring and Reporting Program As required by the Public Resources Code Section 21081.6, the City Council adopts the Mitigation Monitoring and Reporting Program ("Program") set forth in Exhibit "B" of this Resolution, known as Document Number -, a copy of which is on file in the office of the City Clerk. The City Council hereby finds that the Program is designed to ensure that, during project implementation, the permittee/project applicant and any other responsible parties implement the project components and comply with the feasible mitigation measure identified in the Findings of Fact and the Program. VII. NOTICE OF DETERMINATION That the Environmental Review Coordinator of the City of Chula Vista is directed after City Council approval of this Project to ensure that a Notice of Determination is filed with the County Clerk of the County of San Diego. These documents, along with any documents submitted to the decision-makers, including documents specified in Public Resources Code Section 21167.6, subdivision(s), shall comprise the entire record of proceedings for any claims under the California Environmental Quality Act ("CEQA") (Public Resources Code §21O00 et seq.). PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 10th day of July, 2001, by the following Yote, to- wit: AYES: NOES: ABSENT: ABSTENTIONS: /0 -/0 -------------------- Resolution Page 5 Shirley Horton, 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. - was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 10th day of July, 2001. Executed this 10th day of July, 2001. Susan Bigelow, City Clerk Exhibil A Findings of Fact and Statement of Overriding Considerations Exhibil B Miligation Monitoring and Reporting Program /cJ-// RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF CHULA VISTA CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT (FEIR 01-01) FOR THE EASTALKE III WOODS AND VISTAS RE-PLANNING PROGRAM WITH ITS ATTENDANT ADDENDUM; MAKING CERTAIN FINDINGS OF FACT; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS; AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the EastLake Company submitted an application requesting approvals for amendments to the City of Chula Vista General Plan and EastLake III General Development Plan, and approval of a Sectional Planning Area Plan for the EastLake Woods and Vistas Neighborhoods ("Project"); and WHEREAS, a Draft EIR 01-01 was issued for public review on March 9,2001 as was processed through the State Clearinghouse; and WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for Draft EIR 01-01 on April 25, 2001; WHEREAS, a Final Subsequent Environmental Impact Report (FEIR 01-01) was prepared on the EastLake III Woods and Vistas Replanning Program; and WHEREAS, FEIR 01-01 incorporates, by reference, the prior EIRs that address the subject property including the Master EIR for EastLake (EIR 81-3, certified by the City Council in February 1982) and the EIR and Supplemental EIR for EastLake III Olympic Training Center (89-9, certified by the Chula Vista City Council in August, 1989) as well as their associated Findings of Fact and Mitigation Monitoring and Reporting Programs; and WHEREAS, to the extent that the Findings of Fact and the Statement of Overriding Considerations for the Project, Exhibit "A" of this Resolution, a copy of which is on file in the office of the City Clerk, known as Document Number, , conclude that proposed mitigation measures outlined in Final EIR 01-01 are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista hereby binds itself and the Applicant and its successors in interest, to implement those measures. These findings are not merely information or advisory, but constitute a binding set of obligations that will come into effect when the City adopts the resolution approving the project. The adopted mitigation measures contained within the Mitigation Monitoring and Reporting Program, Exhibit "B" of this Resolution, a copy of which is on file in the office of the City Clerk, known as Document Number , are express conditions of approval. Other requirements are referenced in the Mitigation Monitoring /ð-/-l.. Resolution Page 2 and Reporting Program adopted concurrently with these Findings of Fact and will be effectuated through the process of implementing the Project. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of Chula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearings on Draft EIR 01-01 held on April 25, 2001, their public hearing on this project held on June 27, 2001, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision-makers, including documents specified in Public Resources Code Section 21167.6, subdivision(s), shall comprise the entire record of proceedings for any claims under the California Environmental Quality Act ("CEQA") (Public Resources Code §21000 et seq.). II. FEIR 01-01 CONTENTS That the FEIR 01-01 consists of the following: 1. Subsequent EIR for the EastLake III Woods and Vistas Re-planoing Program (including technical appendices) and an Addendum; and 2. Public Comments and Responses to Comment (All hereafter collectively referred to as "FEIR 01-01") III. ACCOMPANYING DOCUMENTS TO FEIR 01-01 1. Mitigation Monitoring and Reporting Program; and 2. Findings of Fact and Statement of Overriding Considerations IV. CERTIFICATION OF COMPIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT That the City Council does hereby find that FEIR 01-01, the Findings of Fact and the Statement of Overriding Considerations (Exhibit "A" to this Resolution, know as Document Number --..J, and the Mitigation Monitoring and Reporting Program (Exhibit "B" to this Resolution, known as Document Number ~ are prepared in accordance with the requirement of CEQA (Pub. Resources Code, §21000 et seq.), the CEQA Guidelines (California Code Regs. Title 14 §15000 et seq.), and the Environmental Review Procedures of the City ofChula Vista. /0-/3 Resolution Page 3 V. INDEPENDENT JUDGEMENT OF CITY COUNCIL That the City Council finds that the FEIR 01-01 reflects the independent judgment of the City ofChula Vista City Council. VI. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPOTING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS A. Adoption of Findings of Fact The City Council does hereby approve, accepts as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the Findings of Fact, Exhibit "A" of this Resolution, known as Document Number~, a copy of which is on file in the office of the City Clerk. B. Statement of Overriding Considerations Even after the adoption of all feasible mitigation measures and any feasible alternatives, certain significant or potentially significant environmental effects caused by the project, or cumulatively, will remain. Therefore, the City Council of the City of Chula Vista hereby issues, pursuant to CEQA Guidelines Section 15093, a Statement of Overriding Considerations in the form set forth in Exhibit "A," known as Document Number -' a copy of which is on file in the office of the City Clerk, identifying the specific economic, social and other considerations that render the unavoidable significant adverse environmental effects acceptable. C. Certain Mitigation Measures Feasible and Adopted As more fully identified and set forth in FEIR 01-01 and in the Findings of Fact for this project, which is Exhibit "A" to this Resolution, known as Document No. ~, a copy of which is on file in the office of the City Clerk, the City Council hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that the mitigation measures described in the above referenced documents are feasible and will become binding upon the entity (such as the project proponent or the City) assigned thereby to implement the same. D. Infeasibility of Mitigation Measures As more fully identified and set forth in FEIR 01-01 and in the Findings of Fact for this project, which is Exhibit "A" to this Resolution, known as Document Number -' a copy of which is on file in the office of the /0 - /¥ Resolution Page 4 City Clerk, certain mitigation measures described in the above-referenced documents are infeasible. E. Infeasibility of Alternatives As more fully identified and set forth in FEIR 01-01 and in the Findings of Fact, Section XII, for this project, which is Exhibit "A" to this Resolution, known as Document Number ~, a copy of which is on file in the office of the City Clerk, the City Council hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that alternatives to the project, which were identified as potentially feasible in FEIR 01-01, were not found to be feasible. F. Adoption of Mitigation Monitoring and Reporting Program As required by the Public Resources Code Section 21081.6, the City Council adopts the Mitigation Monitoring and Reporting Program ("Program") set forth in Exhibit "B" of this Resolution, known as Document Number -' a copy of which is on file in the office of the City Clerk. The City Council hereby finds that the Program is designed to ensure that, during project implementation, the permittee/project applicant and any other responsible parties implement the project components and comply with the feasible mitigation measure identified in the Findings of Fact and the Program. VII. NOTICE OF DETERMINATION That the Environmental Review Coordinator of the City of Chula Vista is directed after City Council approval of this Project to ensure that a Notice of Determination is filed with the County Clerk of the County of San Diego. These documents, along with any documents submitted to the decision-makers, including documents specified in Public Resources Code Section 21167.6, subdivision(s), shall comprise the entire record of proceedings for any claims under the California Environmental Quality Act ("CEQA") (Public Resources Code §21000 et seq.). Presented by Approved as to form by 0- ~fr~ Robert A. Leiter John M. Kaheny Director of Planning & Building City Attorney /CI-/5' Resolution Page 5 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this lOth day of July 200 I, by the following vote: AYES: Councilmembers: Davis, Moot, Padilla, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Shirley Horton, 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, Califomia, do hereby certify that the foregoing Resolution No. 19572 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 10th day ofJuly 2001. Executed this lOth day of July 200 I. Susan Bigelow, City Clerk Exhibit A Findings of Fact and Statement of Overriding Considerations Exhibit B Mitigalion Monitoring and Reporting Program (H:\City ClecklReso\EL III Reso.doc) /0 -/b COUNCIL AGENDA STATEMENT Item No.: ...JL Meeting Date: 7/10/01 ITEM TITLE: PUBLIC HEARING: Consideration of the following application filed by The EastLake Company involving 1030 acres known as EastLake III at the eastern end of the city boundaries, between the future alignment of Proctor Valley Road and the southerly end of Wueste Road; 455 acres known as the EastLake Trails; and 108 acres known as the "Southern Land Swap" parcel. a. GPA-OI-07; amendments to the Chula Vista General Plan Land Use Diagram removing various floating land use designations, re- arranging the adopted residential and commercial land use districts, and establishing new land use designations at various locations within the GDP site. Also, amending the Circulation Element to reflect the street network necessary to serve the proposed development b. PCM-01-26; amendments to the EastLake II General Development Plan, EastLake Greens and Eastlake Trails Sectional Planning Area (SPA) plans and associated regulatory documents to modify the adopted EastLake Comprehensive Affordable Housing Program and EastLake Community Purpose Facilities Master Plan. c. PCM-00-19; amendments to the EastLake III General Development Plan removing various floating land use designations, re-arranging the adopted residential and commercial land use Districts, and establishing new land use districts at various locations within the GDP site. Also, adopting a new Sectional Planning Area (SPA) plan and associated regulatory documents, including Planned Community District Regulations, Design Guidelines, Public Facilities Financing Plan, and Affordable Housing Program for 748 acres known as EastLake III SPA. SUBMITTED BY: Dire,"" of P","o,", "ill B"Udi.Jf !9~ REVIEWED BY: City Manager ('" pr (4/Sths Vote: Yes- No - ) The Salt Creek Sewer EIR (Item #9) is being continued to the July 17th Council Meeting; therefore, the EastLake III GPA-OI-07 (Item #11) is also being continued to July 17th due to its interrelationship to the Salt Creek Sewer ElR. CITY COUNCIL AGENDA STATEMENT Item No.: II Meeting Date: 7/10/01 ITEM TITLE: PUBLIC HEARING: Consideration of the following application filed by The EastLake Company involving 1030 acres known as EastLake III at the eastern end of the city boundaries, between the future alignment of Proctor Valley Road and the southerly end ofWueste Road; 455 acres known as the EastLake Trails; and 108 acres known as the" Southern Land Swap" parcel. a. GPA-OI-07; amendments to the Chula Vista General Plan Land Use Diagram removing various floating land use designations, re-arranging the adopted residential and commercial land use districts, and establishing new land use designations at various locations within the GDP site. Also, amending the Circulation Element to reflect the street network necessary to serve the proposed development. b. PCM-01-26; amendments to the Eastlake II General Development Plan, EastLake Greens and EastLake Trails Sectional Plarming Area (SPA) plans and associated regulatory documents to modify the adopted EastLake Comprehensive Affordable Housing Program and EastLake Community Purpose Facilities Master Plan. c. PCM-OO-19; amendments to the EastLake III General Development Plan removing various floating land use designations, re-arranging the adopted residential and commercial land use Districts, and establishing new land use districts at various locations within the GDP site. Also, adopting a new Sectional Plarming Area (SPA) plan and associated regulatory documents, including Plarmed Community District Regulations, Design Guidelines, Public Facilities Financing Plan, and Affordable Housing Program for 748 acres known as EstLake III SPA. RESOLUTION: approving amendments to the Chula Vista General Plan, Eastlake II and III General Development Plans, Eastlake Greens and EastLake Trails Sectional Planning Area (SPA) plans. Also, adopting a new Sectional Plarming Area (SPA) plan and associated regulatory documents for 748 acres known as Eastlake III, and located east of the EastLake Business Center and salt creek open space corridor, between the future alignment of Proctor Valley Road and the southern end ofWueste Road. ORDINANCE: approving the Plarmed Community District Regulations and Land Use District map for 748 acres known as the Eastlake III Sectional Plarming Area (SPA) plan, located east of the Eastlake Business Center and Salt Creek open space corridor, between the future alignment of Proctor Valley Road and Olympic Parkway. /1- I Page 2, Item No.: Meeting Date: 07/10/01 SUBMITTED BY: Director of Planning and Building wQ, REVIEWED BY: City Manager q~ \Ì'¡-V (4/5ths Vote: Yes~Nol) The applicant, The Eastlake Company, has submitted applications to amend the City's General Plan, Eastlake II and EastLake III General Development Plans (GDP), Eastlake Greens and EastLake Trails Sectional Planning Area (SPA) plans and associated regulatory documents. The applications request approval of the third and final development phase of EastLake, which involves two residential neighborhoods known as the Woods and Vistas, and an elongated shaped lot referred to as the "Panhandle" parcel. The Woods and Vistas Combined encompass 748 acres with capacity for 2061 dwelling units and support land uses, such as: parks, schools fire station, recreation trails, open space and other amenities. The proposed land plan redistributes the same land uses and residential densities, previously adopted for this area, in a more comprehensive and detailed land plan. The applications also include a new SPA for the third phase of East Lake, which is known as EastLake III. EastLake III contains two residential neighborhoods, EastLake Woods and EastLake Vistas, and is located east of the EastLake Business Center and Salt Creek open space corridor between Proctor Valley Road and the southerly end ofWueste Road. (see Locator). The amended sections of the Eastlake II General Development Plan, Eastlake Greens and EastLake Trails SPAs, as proposed to be amended, are attached as Attachments 3 and 4. The EastLakeIII GDP, as proposed to be amended, the new SPA plan and accompanying documents, including: 1) Planned Community District Regulations; 2) Design Guidelines; 3) Public Facilities Financing Plan; and 4) Affordable Housing Program, are attached in the Eastlake III binder (see Attachment 5). A Final Subsequent Environmental Impact Report for this Project (FSEIR 01-01) and Addendum has been previously certified by the City Council, and therefore no further action is necessary. RECOMMENDATION: Adopt attached Resolution and Ordinance approving the proposed amendments to the General Plan, EastLake II and EastLake III General Development plans, Eastlake Greens and EastLake Trails Sectional Planning Area (SPA) Plans and associated regulatory documents, including the EastLake Comprehensive Affordable Housing Program and EastLake Community Purpose Facilities Master Plan. Also, approve a new Sectional Planning Area (SPA) plan for EastLake III, including Planned Community District Regulations, Public Facilities Financing Plan, Design Guidelines, and Affordable Housing Program in accordance with the findings and subject to the conditions contained therein. BOARDS AND COMMISSION RECOMMENDATION: On April 25, 2001, the Planning Commission had a workshop meeting to go over the Eastlake III Replanning Program. At the meeting, staff introduced the project and an overview of the traffic condition in eastern Chula Vista. The planning Commission asked general questions to clarify /1-2 Page 3, Item No.: Meeting Date: 07/10/01 certain aspects of the project as it relates to the surrounding properties. One of the questions raised by the Planning Commission relates to the newly adopted water quality standards adopted by the San Diego Water Quality Control Board. Staff explained that the project is being designed to divert to Salt Creek drainage basing in order to prevent urban runoff into the easterly adjacent Otay Lakes reservoir. In addition, the project would be conditioned to comply with the newly adopted water quality standards. With regard to the citywide GMOC traffic capacity, the Planning Commission asked if the 9429 maximum number of dwelling units excluded affordable housing. Staff indicated that the traffic capacity included all units. However, the City Council through a traffic management progTam could potentially exempt, or give priority to affordable housing projects. (see Attachment). On June 27, 2001, the Planning Commission considered the proposed project and after hearing staffs presentation and public testimony, approved the project by unanimous vote, recommending that the City Council approve the project based on the findings and subject to the conditions contained in the attached City Council Resolution and Ordinance. PUBLIC INPUT A community meeting was held on June 7, 2001 at the Arroyo Vista Elementary School in EastLake. The presentation included an update of the traffic conditions east of! -805 and an overview of the proposed project. After staff's and EastLake representatives' presentation, resident in attendance raised questions about the potential drainage runoff to the existing Otay Lakes, which are potable water reservoirs. Staff and EastLake representatives stated that the project had been designed to divert all urban runoff to the Salt Creek drainage basin located along the west side of East Lake III. Staff added that salt creek has also been designed with several detention basins to clean the water as much as possible. With regard to traffic, those in attendance expressed concern about the constant construction activities along Telegraph Canyon Road / Otay Lakes Road. Staff indicated that most of the construction is related to installation of public utilities, but that the construction is expected to conclude shortly. BACKGROUND The EastLake III General Development Plan was adopted by City Council in 1989 along with a Sectional Planning Area (SPA) plan for the Olympic Training Center (OTe). The OTC is currently the only development in EastLake III (see Figure I-A). The adopted EastLake III General Development Plan is proposed to be repealed and replaced with a more up to date document (see EastLakeIII binder, Attachment 5, General Development Plan tab). In 1999, the City Council approved the transfer of 103 acres of Research and Limited Manufacturing from EastLake III to EastLake II GDP (see Figure I-B). Approval of this transfer of land included a condition requiring EastLake to amend the EastLake III GDP to reflect the transfer of land and adjustments in statistical data and text of such transfer. The proposed GDP amendments include said transfer of land. 1/-3 Page 4, Item No.: Meeting Date: 07/10/01 DISCUSSION: . 1. Existing Site Characteristics The third and last phase of the EastLake Master Planned Community, EastLake III, is located at the east end of the city's jurisdictional boundaries, and consists of approximately 927 acres (1030 acres with the Business center) of gentle rolling hills. EastLake III contains four distinct planning areas: 1) the Woods (East and West); 2) the Vistas; 3) the Olympic Training Center; and 4) "Panhandle" parcel (see Figure 2, EastLake III Components). The following paragraphs describe each of these planning areas separately and in more detail: The Woods East neighborhood is the portion of East Lake III, east of Hunte Parkway between the future alignment of Proctor Valley Road and Otay Lakes Road. The existing terrain features gentle rolling hills with a north-to-south ridge along the center of Woods East (see Figure 3, Existing Terrain). Surrounding land uses include: the Upper and Lower Otay Lakes Reservoir to the east; the EastLake Business Center to the west; the future alignment of Proctor Valley Road and Rolling Hills Ranch Planned Community to the north; and Otay Lakes Road to the south. Access would be provided along each of the three major streets surrounding the property, Proctor Valley Road, Otay Lakes Road and Olympic Parkway (see Figure 4). WOODS NEIGHBORHOOD SITE Surrounding Land Uses c.y Muni General Plan Land Use GDP Land Use District Existing Land Code! Zoning Designation Designalion Use Site PC Low Densily Residential Low Density Residential Vacant (0-3 du's! ac) (0-3 du's! ac) South PC Low Densily Residential Low Densily Residenlial Vacant (0-3 du's! ac) (0-3 du's! aG) East PC Open Space N/A Open Space West PC ResearGh and Ltd. Mfg. ResearGh and Lid, Mfg. Vacant North PC Low Densiiy Residential Low Densiiy Residential Vacant (0-3 du's! ac) (0-3 du's! aG) The Woods West neighborhood is an elongated parcel located on the west side of Hunte Parkway between Otay Lakes Road and the southern boundary of the Rolling Hills Ranch community (see Figure 3). The site terrain slopes 30- 50 ft west-to-east to Hunte Parkway, and is limited to the north by the Rolling Hills community, to the West by the recently approved EastLake Business Center II located 20-30 above, to the South by Otay Lakes Road and to the east by Hunte Parkway. The Vistas Neighborhood is the portion of EastLake III located south of Otay Lakes Road between Hunte Parkway and Wueste Road. The existing terrain continues the rolling hills, with the north-to-south ridge along the center of the property, and is limited to the east by 11-.'-1 Page 5, Item No.: Meeting Date: 07/10/01 the Lower Otay Lakes Reservoir, across Wueste Road; to the west by the Salt Creek open space corridor; to the south by Olympic Parkway and the Olympic Training Center (OTe); and to the north by Otay Lakes Road. Access to this neighborhood would be provided along Otay Lakes Road and Olympic Parkway (see Figure 4). VISTAS NEIGHBORHOOD SITE Surrounding Land Uses c.v, Muni General Plan Land Use GDP Land Use District Existing Land Use Codel Zoning Designation Designation Site PC Low Density Residential Low Density Residenlial Vacant (0-3 du'sl ac) (0-3 du'sl ac) South PC Public Quasi-public & comm. Public Quasi-public & comm. Sports Training High density Res High density Res facility Easl PC Open Space N/A Open Space West PC Open Space Open Space Open Space North PC Low Density Residenlial Low Density Residential Vacant (0.3 du's! ac) (0-3 du's! ac) The Olympic Training Center (OTC SPA) is the only adopted SPA and developed land in EastLake III. The OTC is limited to the east by the Lower Otay Lakes Reservoir; to the west by the Salt Creek open space corridor and Otay Ranch Master Planned community (Village 11); to the north by Olympic Parkway; and to the south by a 44-acre vacant parcel. This SPA is not proposed to be amended, and therefore is not addressed specifically in this report. The "Panhandle" is an elongated shaped, 44-acre parcel south of the Olympic Training Center referred throughout the GDP and SPA documents as the "Panhandle" parcel. The site is presently vacant and features the same rolling hills topography of the Woods and Vistas sites. Access to this site is via a two-lane road known as Wueste Road (see Figure 4). This site is not proposed to be included in the EastLake III SPA. Thus, a separate SPA plan would be required in the future for the development of this site. PANHANDLE SITE Surrounding Land Uses CV, Muni General Plan Land Use GDP Land Use Dis!ricl Exisling Land Use Codel Zoning Designation Designation Site PC Parks and ReGreation Park Vacant South PC N/A N/A Vacant East PC Open Space N/A Open Space Wesl PC Open Space N/A Open Space North PC Public Quasi-public Public Quasi-public Sports !raining facility 1/-5 Page 6, Item No.: Meeting Date: 07/10/01 2. Project Description The EastLake III Replarming Program consists of rearranging the EastLake III GDP land use designations and establishing a new SPA plan for the Woods (East and West) and Vistas neighborhoods. To achieve the Replanning Program, the applicant is proposing to replace the adopted EastLake III General Development plan with a new, more up-to-date and efficient GDP document. The newGDP basically redistributes the same land uses and residential densities in a more cohesive land plan. The re-arrangement of land uses, changes in densities and permitted number of dwelling units require a General Plan amendment to reflect the new land use distribution, residential densities and other neighborhood support land uses. The Proposed General Development Plan incorporates the Community Purpose Facilities Master Plan adopted as part of the EastLake II GDP and EastLake Greens and EastLake Trails SPAs for the portion of the Greens known as the Southern "Land Swap" parcel, the EastLake Trails and EastLake III. These documents are being incorporated into the EastLake III GDP and SPA with minor amendments and updated statistical data, resulting ITom the increase in the number of dwelling units for EastLake III. Thus, in order to maintain internal consistency among the different documents governing the development of the EastLake Master Plarmed Community, the applicant is also proposing amendments to the adopted EastLake II GDP and EastLake Greens and Trails SPAs. A strike-out/underlined version of the affected sections ofthe EastLake II GDP, and EastLake Greens and Trails SPAs are attached (see Attachment 3 and 4). The amendment to the EastLake II GDP and EastLake Greens and Trails SPAs are discussed in more detail in the Analysis Section ofthis report, under Affordable Housing and Community Purpose Facilities. EastLake Woods (East and West) Under the adopted Eastlake III GDP, the Woods (East and West) is a 360-acre residential neighborhood designed to accommodate 667 dwelling units at densities ranging ITom Low (0-3 du/ac) to Low Medium (6-11 du/ac). With the exception of the Professional and Administrative Commercial and Research and Limited Manufacturing land uses, which are proposed to be deleted, the EastLake III Replarming Program features basically the same land use composition, but has been redesigned with smooth transitions among the different residential densities and non-residential land uses (see Figure SA). Three Public Quasi-public sites are included for an elementary school, a middle school and a fire station. The new GDP plan also includes a new internal circulation system with a single spine road to reduce the traffic speeds and be more pedestrian friendly. The proposed amendments for the Woods neighborhood are summarized as follows: / /-10 Page 7, Item No.: Meeting Date: 07/10/01 General Plan Amendments: . Remove the Community Park floating land use designation (i.e. Land use designated by a circle in the General Plan Diagram and General Development Plan without specific delineation ofland area) at the southwest end and northwest corner of the Woods neighborhood, and establish a more specific park site within the Vistas Neighborhood (see Figure 6). . Remove the elementary school, high school and neighborhood park floating land use designations, and establish Public Quasi-public sites for an elementary and middle high schools as shown in the proposed GDP (see Figure 6). . Incorporate a New Public Quasi-public site for a future fire station (see Figure 6). General Development Plan Amendments . Pursuant to recent City Council action transferring the westerly 103 acres of the Woods neighborhood, designated Research and Limited Manufacturing, ftom EastLake III to EastLake II GDP, relocate the existing EastLake III GDP boundaries to the western edge of the residential area, which are referred to as EastLake Woods West. Also, adjust the statistical tables to reflect the reduction in acreage from 1030 to 942 acres (see Figure 5-A and 5-B). . Relocate the elementary and middle school sites (see Figure 5-A and 5-B). . Pursuant to recent City Council action converting 7 acres of Single Family Residential to Park in the Rolling Hills Ranch (RHR), and an agreement between the City and The EastLake Company to pay in-lieu fees for the park obligation in the Woods, remove the Park designation from the Woods. . Establish new Public Quasi-public land use Districts to relocate the elementary and middle schools, and a future fire station at the northwest corner ofOtay Lakes Road and the Woods entrance (see Figures SA and 5B). Vistas Neighborhood Under the adopted Eastlake III GDP, the Vistas is a 488-acre residential neighborhood designed to accommodate 1,394 dwelling units at densities ranging ITom Low (0-3 du/ac) to High (18-27 du/ac). The land use composition, which also includes Retail and Tourist Commercial, Public Quasi-public and Open Space land uses, remains the same with the exception of a new neighborhood park site on the southern half of the Open Space area along the eastern edge, and the deletion of the Professional and Administmtive Commercial land use designation (see Figure 5-A and 5-B). The proposed amendments for the Vistas neighborhood are summarized as follows: General Plan Amendments . Re-arrange the Medium density (6-11 du/ac) and Medium High (11-18 du/ac) residential and intTOduce a Retail Commercial component along the north side of /1-7 Page 8, Item No.: Meeting Date: 07/10/01 Olympic Parkway. Change the westerly one half of the Vistas Neighborhood from Low Density (0-3 du/ ac) to Low Medium density residential (3-6 du/ac) (see Figure 6). . Change the southerly one half-of the open space area along the eastern edge of the Project ftom Open Space to Parks (see Figure 6). . Remove the Medium High, Professional and Administrative and Retail Commercial floating land use designations, and establish a new Public Quasi- public, and High Density Residential land uses for the portion of the Vista located on the south side of Olympic Parkway, west of the OTC main entrance (see Figure 6). . Remove the Visitor Commercial and Open Space floating land use designation, and establish a new Tourist Commercial land use designation for the portion of the Vistas on the south side of Olympic Parkway, east ofthe OTC main entrance. . The Changes to the Circulation Element of the General Plan consist of changing the Roadway classification of: 1) Olympic Parkway between SR-125 and Eastlake Parkway, from a 6-lane to 8-lane Prime Arterial; 2) Otay Lakes Road Between SR-125 to Eastlake Parkway, ftom 6-lane to 7-lane Prime Arterial; and Vistas internal roadway from Olympic Parkway to Otay Lakes Road, from Class I and II collector to Class III Collector. General Development Plan Amendments . Change the western half of the Vistas neighborhood from Low (0-3du/ac) to Low Medium (3-6 du/ac). . Re-arrange the Medium density (6-11 du/ac) and Medium High density (11-18 du/ac) residential, and introduce a Retail Commercial component directly south. Change the westerly one-half of the Vistas neighborhood from Low Density (0-3 du/ ac) to Low Medium density residential (3-6 du/ac) (see Figure SA and 5B). . Change the southern half of the open space along the eastern edge of the Vistas neighborhood ftom Open Space to Park (see Figure SA and 5B). . Change the Medium High floating land use designation to High density residential (18-27 du's / ac) within the specific boundaries shown in the proposed GDP. . Remove the Medium High, Professional and Administrative and Retail Commercial floating land use designations, and establish a new Public Quasi- public, and High Density Residential land uses for the portion of the Vista located on the south side of Olympic Parkway, west ofthe OTC main entrance. / I-(j Page 9, Item No.: Meeting Date: 07/10/01 . Remove the Retail Commercial floating land use designation and establish a new Commercial retail land use designation on the north side of Olympic Parkway, directly across the OTC main entrance. . Remove the Visitor Commercial and open space floating land use designation, and establish a new Tourist Commercial land use designation for the portion of the Vistas on the south side of Olympic Parkway, east of the OTC main entrance "Panhandle" Parcel The proposal for the "Panhandle" parcel is to change the present Park and Recreation land use designation to Public Quasi-public, The following table illustrates the statistical changes between the adopted and proposed Eastlake III General Development Plans. Eastlake III GDP Residential Statistical Changes LAND USE ADOPTED PROPOSED ADOPTED PROPOSED CATEGORY ACRES ACRES DU'S DU'S Low 0-3 du's/ac 336.0 298.2 746 650 Low Med 3-6 du's/ac 56,6 154.5 255 799 Med;um 6-11 du's/ac 30.6 7.3 260 73 MedHigh 11-18 du'slac 32.5 15_9 560 239 High 18-27 du'slac 0 12.3 0 300 Sub-total 455,7 488.2 1.767 2061 Average Res;dential Density ~ Adopted 3.87 du's/ac Proposed 4,22du's/ac. Change +-0_4 du'slae Trails Non-residential Statistical Changes LAND USE ADOPTED PROPOSED CATEGORY ACRES ACRES Retail Comm'l 7.0 12.2 Open Space 196.4 137,8 Pub/Quasi-Pub 180,0 245,0 Parks and Rec 70,4 15.2 MajorCir. 0 25.516 Tourist Comm, 14.8 18,4 Prof. Admin J.2 0 / /-9 Page 10, Item No.: Meeting Date: 07/10/01 Res, & Ltd Mfg, 102.6 0 Sub-total 574.4 454.1 New EastLake III Sectional Planning Area (SPA) Plan The new SPA plan refines and implements the development concept of the EastLake III GDP, which itself refines the development designated for the project site in the Chula Vista General Plan. This SPA plan defines, in more detailed terms, the development parameters for EastLake III planned community, including the land use mix, design criteria, circulation pattern, open space and recreation concept and infrastructure requirements, The SPA is implemented through a series of documents, including: 1) Planned Community District Regulations; 2) Residential and Commercial Design Guidelines; 3) Public Facilities Finance Plan; 4) Air Quality Improvement Plan; 5) Water Conservation Plan; and 6) Affordable Housing Program (see Attachment 5, EastLake III GDP/SPA binder). ANALYSIS 1. General Plan Amendments The General Plan Amendments for the Woods neighborhood, which consist of basically defining more precisely the land use distribution, are the result of a more accurate analysis of the subject site terrain, the surrounding land uses, current development market trends and a more cohesive land plan. As indicated above, the Low density residential, envisioned along the eastern edge of this neighborhood, overlooks the upper Otay Lakes reservoir and the mountains. The Low Medium adjacent to the easterly adjacent EastLake Business Center are maintained as prescribed in the General Plan. Thus, with the exception of re-arranging the school facilities, elimination of a neighborhood park site and establishing a new fire station site at the entrance to Woods East at Otay Lakes Road, the land uses, overall residential density and land use composition of the Woods are very similar to the previously adopted GDP. The proposed General Plan amendments in the Vistas are more extensive because of the need to integrate the Vistas land use plan with the westerly adjacent Salt Creek open space corridor, the EastLake Trails neighborhood, and the Olympic Training Center entrance. The General Plan designation of Low Density Residential is retained on the easterly one- half of the Vistas neighborhood, which has views of the Otay Reservoir. The westerly half is proposed for Low Medium density to complement the residential products and densities presently being constructed in the Trails. The area adjacent to the OTC entrance is identified as the Community Activity Center in the adopted General Plan. The proposed General Plan amendments reconfigure the retail and Tourist Commercial, Community Purpose Facility and Multifamily residential land use districts to provide a more active core area around the OTC main entrance. 11-/0 Page 11, Item No.: Meeting Date: 07/10/01 The proposed General Plan amendment for the Panhandle parcel south of the OTC is to change the land use designation from Park to Public Quasi-Public. The reason for the change is primarily the relative location of the "Panhandle" lot as a neighborhood park for the EastLake III residential component. Neighborhood parks, as defined in the General Plan, serve local residents and are within walking distance ftom the households they intend to serve. Parkland should also be free of constraints such as steep slopes, utility easements, or any other restrictions. The "Panhandle" parcel, as depicted in the General Plan and Eastlake III General Development Plan, is an elongated, irregular shaped parcel located approximately one mile south of Olympic Parkway and the residential component of the EastLake III Planned Community. The terrain consists of north to south ridgeline with steep slopes on either side. The highest point is approximately 70 ft. above Wueste Road. The general location ofthe "Panhandle" site in relationship to the residential component of EastLake III, and the existing terrain are the underlying reasons supporting the land use change from Park to Public Quasi-public. The project park requirement would be met with a site in the Vistas neighborhood and in-lieu park acquisition and development fees. The circulation element is also proposed to be amended to reflect the roadway reclassifications needed to mitigate cumulative traffic circulation impacts for Olympic Parkway from SR-125 to EastLake Parkway. This roadway will become an eight-lane Prime Arterial. Otay Lakes Road from SR-125 to EastLake Parkway will change to a seven-lane Prime Arterial. The internal Vistas Spine Road will change from Class I and Class II Collector to a Class III Collector (see Figure 7). The Public Facilities Finance Plan contains a more detailed discussion of the required circulation network for the project (see Attachment 5, Public Facilities Finance Plan tab). In staffs opinion, the proposed amendments to the Land Use Diagram and Circulation Element of the General Plan improves the quality of the overall plan and contributes significantly to advance to the city's goal of providing a wide range of housing types, including high-end housing opportunities, while also providing support uses for community residents and users and visitors to the OTc. 2. General Development Plan Amendments The proposed EastLake III General Development Plan (GDP) replaces the adopted 1990 EastLake III General Development Plan (see Attachment 5, Adopted General Development Plan). The new GDP serves as the policy bridge between the Chula Vista General Plan and the EastLake III SPA Plan. It also establishes land use designations; master planned community goals, and defines the type and intensity of development for the project. The new GDP also establishes specific goals for residential, commercial open space, parks and recreation to guide development in EastLake III. One of the major goals for EastLake III is to provide a full range of housing products, including a "Luxury Homes" neighborhood. This high-end housing component is intended to attract business II-II Page 12, Item No.: Meeting Date: 07/10/01 owners that may establish their firms in the EastLake Business Center, and live in EastLake. EastLake III Neighborhoods The EastLake III GDP residential neighborhoods include the Woods West, Woods East, and the Vistas. Non-residential land uses include: retail and tourist commercial, the Olympic Training Center and the "Panhandle" parcel south of the OTC. For the Woods neighborhood, the General Development Plan establishes Low Density (0- 3 dulac), Low Medium (3-6 dulac) Density Residential land use districts as well as community serving land uses such as: Community Purpose Facilities, Parks and Open Space, and Public Quasi-public for elementary school, middle school, and fire station sites. The Woods internal circulation system has been designed without major streets, to reduce the traffic speed and be more pedestrian friendly (see Attachment 5, EastLake III GDP). The Vistas neighborhood establishes Low Density (0-3 du's/ ac) to High Density Residential (18-27 du's/ac) in addition to Retail and Tourist Commercial, Parks and Recreation, and Public Quasi-public land uses. As in the Woods, the Vistas internal circulation system has been designed without major streets to reduce the traffic speed and be more pedestrian friendly (see Figure SA). The southerly part of the Vistas, near the OTC, is the Activity Center. The Activity Center, which consists of small-scale retail and tourist commercial sites overlooking the Lower Otay Reservoir, and the surrounding multifamily sites. The Activity Center is intended to support the OTC residents and function as a neighborhood specialty center for Vistas residents The OTC is the only developed area within the EastLake III General Development Plan. The ISO-acre site has substantial development consisting of facilities for Olympic athletes who train at the facility and on the Lower Otay Reservoir year around. The main needs of the staff, athletes and support groups of the OTC are affordable housing, retail uses and visitor serving uses such as lodging facilities. The GDP designates the "Panhandle" parcel Public Quasi-Public, which is consistent with the above-mentioned General Plan amendment, and compatible with the Olympic Training Center land use. However, since the parcel is not proposed for development, and is not proposed to be included in the EastLake III SPA. Thus, a separate SPA plan will be prepared later for the development of this property. GDP Consistency with the General Plan Within both, the EastLake Woods and Vistas neighborhoods, the proposed land uses and development intensity will directly implement the provisions of the General Plan as amended. Within the Woods, all designated public facilities are located within the areas designated by the General Plan, and the permitted density and land use intensities are //-12 Page 13, Item No.: Meeting Date: 07/10/01 those prescribed in the General Plan, as amended. The proposed GDP fully implements the concept envisioned in the General Plan by providing the necessary standards and guidelines for the preparation of implementing plans and regulatory documents for the Woods and Vistas. An amendment to the adopted General Plan Diagram and Circulation Element of the General Plan is being processed concurrently, and is required to establish GDP consistency with the General Plan. The land use designations included in the EastLake III GDP are those that are proposed as an amendment to the General Plan Diagram. With the adoption of the proposed amendments to the Land Use Diagram and Circulation Element of the General Plan, the EastLake III General Development Plan will be in substantial conformance with the amended General Plan, 3. New EastLake III Spa Plan As an increment of the overall Eastlake Planned Community, the Eastlake III SPA is, to a large extent, an extension of the existing Eastlake Master Plan development, both in terms of design, planning policy and regulations. The SPA plan refines and implements the development concepts of the EastLake III General Development Plan, and implements the concepts of the City's General Plan. The new Eastlake III SPA is divided into two neighborhoods: Eastlake Woods on the north side of Otay Lake Road and the Vistas Neighborhood on the south side. Combined, these two neighborhoods could accommodate a maximum of2,061 dwelling units at densities ranging from Low (0-3 du/ac) to High (18-27 du/ac). To complement the residential land uses, the SPA also features Retail and Tourist Commercial, Public Quasi-public, Parks and Open Space land use designations, all strategically arranged to achieve a cohesive and well balanced land plan (see Figure SA and Attachment 5), The Woods East neighborhood is layered in four lot categories, starting with 7,000 square foot lots near Salt Creek Corridor, increasing in size to 8,000, 10,000,20,000, to over an acre towards the eastern edge. This neighborhood features a winding, rural type road to serve the gate guarded custom lots overlooking the Upper Otay Reservoir. Woods East is compatible in use and density with the Low Residential (0-3 du/ac) Rolling Hills Ranch development to the north, and is slated to become the premier luxury home neighborhood in EastLake. The Woods West, which is located next to the EastLake Business Center, is designated as Low Medium Residential (3-6 du/ac), and features small single-family detached lots similar to development occurring further to north in Rolling Hills Ranch. The Vistas neighborhood continues the "Luxury Home" theme on the easterly half of the site with 7,000 to 10,000 square foot lots overlooking Lower Otay Reservoir. The westerly half of the Vistas site is devoted to entry-level single family detached homes 11-/3 Page 14, Item No.: Meeting Date: 07/10/01 facing Salt Creek and EastLake Trails neighborhood. The multifamily residential is provided in two categories: condominium sites at densities ranging from 10 to 15 du's per acre, and a multifamily site at a density of24 du's per acre. The condominium sites are located around the Retail Commercial site facing the single-family residential neighborhood to the north. Combined, the condominium sites could accommodate up to 312 dwelling units. The multifamily site is located on the south side of Olympic Parkway immediately west of the OTC main entrance and has capacity for 300 dwelling units. The Vistas land use composition and densities are intended to reflect the Trails neighborhood, which provides a wide range of single-family detached and attached products, as well as condominium sites in the Low and Low Medium to and Medium High density land use designations. Urban Design The EastLake III SPA consists of two separate residential neighborhoods, the Woods and the Vista, a mixed-use Activity Core adjacent to the Olympic Training Center (OTC) entTance and two linear open space corridors. The EastLake Woods neighborhood is primarily a low density single family detached residential neighborhood with local, and some community serving, public facility sites. The low-medium area (Woods West) and the western portion of the Woods East are oriented to take advantage of views into the Salt Creek Greenbelt Corridor, while the eastern portion of the Woods East is oriented to Upper Otay Reservoir. The EastLake Vistas neighborhood is more complex in that it includes low and medium- low density residential along with higher density residential and commercial uses to serve both the EastLake community and OTC residents and visitors. The northern portion of the neighborhood is a single family detached neighborhood similar to EastLake Woods and EastLake Trails, to the north and west respectively. The eastern portion is oriented to the views to Lower Otay Reservoir while the western portion is oriented toward Salt Creek. Medium, medium-high and high density residential uses (single family attached and multifamily product types) are clustered at the southern end of the neighborhood with commercial uses which, with the OTC, form the EastLake III/OTC Activity Center. The Activity Center, which is identified in the Chula Vista General Plan within the Eastern Territories Area Plan, is a social and activity focal point at the entrance to the Olympic Training Center. It is intended to serve visitors, residents of the training facility, as well as the local community, providing goods and services related to the OTC use. Office uses could include administrative offices for the tTaining center or related professions, The Tourist Commercial development is envisioned as a low intensity commercial use, possibly a semi-destination resort type facility for use by visitors to the OTC or tourists/spectators attracted to activities at the site. Both the lake ftont setting and OTC II-ii Page 15, Item No.: Meeting Date: 07/10/01 facilities will help to establish the character for this facility. The two linear open space areas, which are branches of the Chula Vista Greenbelt, frame the development areas and connect the public and quasi-public use sites within the project. Within the EastLake Woods neighborhood, these uses are clustered along the Salt Creek Greenbelt with a junior high school site located to the north on the east side of the open space area and an elementary school site to the south, on the west side of the greenbelt at the intersection of Hunte Parkway and Otay Lakes Road. East of the elementary school, a fire station site and private recreation area are designated at the neighborhood entry from Otay Lakes Road. These uses extend along the corridor to the north into Rolling Hills Ranch where a community park and CPF site are located. The Salt Creek Greenbelt continues south on the western edge of the EastLake Vistas neighborhood containing a community park and private recreation center developed within the adjacent EastLake Trails neighborhood. A public park is located on the eastern edge of the EastLake Vistas neighborhood, within the eastern greenbelt branch, overlooking Lower Otay Reservoir. The Salt Creek park and greenbelt trail and open space system are the focal point for residential uses in the western half of the neighborhood, while the park and views to the lake and beyond are the focal points for the eastern half (see Figure 9, Community Structure) Circulation Major roads serving the EastLake III project include Otay Lakes Road, Olympic Parkway, Hunte Parkway and Proctor Valley Road. Wueste Road is the frontage road running along the west side of Lower Otay Reservoir, which provides access to the OTC, boating facilities, San Diego County Park. Otay Lakes Road will be widened to six lanes ftom Hunte Parkway to the entTance of the Vistas, and then transition from six lanes to two lanes east of the intersection of Wueste Road. Olympic Parkway is already constructed to four lanes from Hunte Parkway to the OTC and it will tTansition to two lanes (Class III Collector) as it heads north up through the Vistas. Hunte Parkway is already fully improved from Proctor Valley Road to Olympic Parkway. Proctor Valley Road will be improved to four lanes from Hunte Parkway to the eastern boundaries of the City as part of the Rolling Hills Ranch development. No improvements are needed for Wueste Road due to the limited use of the roadway. Off-site road improvements needed to serve regional needs in the future will be the construction of Olympic Parkway ftom Hunte Parkway to SR 125, partially as an eight- lane facility and partially as a six-lane facility. EastLake is obligated to start construction on this segment early \lext year. The other major off site road improvement include: 1) Olympic Parkway between SR-125 and Eastlake Parkway, from 6-lane to 8-lane Prime Arterial; 2) Otay Lakes Road Between SR-125 to Eastlake Parkway, from 6-lane to 7-lane Prime Arterial. 1/ - /s Page 16, Item No.: Meeting Date: 07/10/01 Transit The transit plan for EastLake III consists of bus stops based on Green Car and Blue Car service concepts created by MTDB. The Green Car represents local circulators using mini to mid-size buses. The Green Car would act as a collector and provide feeder access to Blue Car (metropolitan buses) and/or Red Car concepts (fixed rail), These three levels of service are planned to work together to provide much better service within the local area connected to the longer trips provided by metropolitan buses and fixed rail. Parks and Open Space The Vistas Neighborhood Park is a 13.5 gross acre site overlooking the Lower Otay Reservoir. The idea is to reserve the best views of the water and mountains for the public and not restrict access by placing homes on the perimeter. The spine road serving the Vistas is a similar winding, scenic roadway with spectacular views of the Otay Reservoir, which gradually transitions into Olympic Parkway near the OTC. The combination of a strategically located spine road and the Vistas Neighborhood Park will take advantage of the best views for the residents and visitors alike. The community park will contain soccer fields, picnic pavilions; open play grounds, game courts and other amenities. However, the City is in the process of preparing a citywide parks master plan, which will outline more specifically the park design requirements. Since the City-wide Parks Master Plan has not been adopted by Council, staffhas included a condition requiring the applicant to submit a letter acknowledging that the City is in the process of preparing a City-wide parks master plan and agreeing to comply and remain in compliance with the provisions and requirements ofthis plan. The citywide Greenbelt Trail, as shown in the Chula Vista General Plan, will be incorporated along the eastern side of the Salt Creek open space corridor and the eastern edge of the Vistas and Woods neighborhoods (see Section II.2.3.7, Bicycle Routes and Pedestrian Trails, Attachment 5). As with the citywide parks masterplan, the city is in the process ofpreparing a citywide greenbelt trail master plan, which will outline more specifically the design, construction and signage requirements for the greenbelt trail system. However, since the citywide greenbelt tTails Master Plan has not been adopted by Council, staff has included a condition requiring the applicant to submit a letter acknowledging that the City is in the process of preparing a City-wide greenbelt tTails master plan and agreeing to comply and remain in compliance with the provisions and requirements of this plan. Community Purpose Facility Master Plan The Chula Vista Municipal Code, Section 19.48.025, requires that all planned communities in the PC Zone provide a minimum of 1.39 acres of community purpose facilities (CPF) designated land per 1,000 populations. The acreage is to be designated and reserved for CPF specific land uses, including: Boy Scouts, Girl Scouts and similar organizations, senior care and recreation facilities, religious institutions, private schools, for-profit and non-profit day- care facilities and other accessory uses to conditional permitted uses. 1/-/6 Page 17, Item No.: Meeting Date: 07/10/01 Little League ball fields for non-profit organization could also be incorporated as conditional permitted uses, provided CPF master plan is adopted to distribute CPF sites throughout the GDP/ SPA area, and ensure that the ball fields do not constitute more than 25% of the total CPF acreage requirement within the designated master plan area. In 1998, The City Council approved a CPF Master Plan for the remaining buildable areas of EastLake, which consists of the Trails SPA, The Land Swap parcels in the Greens SPA and The EastLake III SPA. The Master Plan includes 6,647 dwelling units and designates four parcels with a combined acreage of31.1 as CPF sites. In February of this year, the City Council approved a Zoning Text Amendment to change the allowable CPF acreage that can be used for recreational ball fields from 25% to 35%, and add for-profit day care as a conditional use in the CPF land use disuict. Thus, the adopted CPF Master Plan is proposed to be amended to incorporate the recently approved changes to the CPF Ordinance, adjust the CPF acreage requirement based on the increase in number of dwelling units, add for-profit and non-profit day-care facilities to the list of conditional permitted uses, and identify a 10.8 acre CPF site on the south side of Olympic Parkway next to the OTC. (see Attachment 5, Eastlake III General Development Plan Section 1.1.11.3) The following table illustrates the total number of permitted units for each component of the CPF Master Plan, the CPF acreage distribution and the total CPF acreage requirement. Community Purpose Facilities Master Plan Acres Required SITE I SITE 2 SITE 3 & 4 EaslLake II EaslLake II EaslLake 111 Total Greens SPA' Trails SPA SPA - proposed Dwelling Units 3,443 1,143 2,061 6,647 CPF aG/du 0.004003 0.004003 0.004003 Total CPF acres required 13.8 4,6 8.3 26.7 Total CPF acres provided 15.8 (+2 ac) 4,6 10.8 (+2.5) 31.1 (+4.4ac) , Includes Land Swap Parcels The EastLake II General Development Plan is proposed to be amended to reflect adjustment in CPF Master Plarmed amendments. Comprehensive Affordable Housing Program The EastLake Comprehensive Affordable Housing Program for the remaining buildable areas of the EastLake Plarmed Community was adopted by the City Council in 1998. The Program includes 3,954 dwelling units distributed in three separate SPAs: Eastlake III (Woods and Vistas), EastLake Trails and EastLake Greens ("Land Swap" parcels). Based on the housing program maximum number of dwelling units, the applicant is required to provide 1/-/7 Page 18, Item No.: Meeting Date: 07/10/01 396 affordable housing units (10% of the total), five percent (198) Low and 5% (198) for Moderate-income households. The construction of affordable housing units is described in detail in the Implementation Section of the proposed Eastlake Affordable Housing Program (see Attachment 5, Comprehensive Affordable Housing). The Moderate-income housing requirement is typically satisfied with market rate units and therefore no specific site is required. However, the low income housing units, which can be rental or for sale units, need a specific site. In the original Affordable Housing Program the low income housing units were proposed to be built in the Vistas, Woods and the "Land Swap" residential parcel. The Applicant is proposing to change the Woods Site for a similar site in the Trails. The applicant is also proposing to change the delivery of affordable housing units to fit the overall EastLake III development-phasing plan. The proposed affordable housing phasing is described in more detail in Section 7.6.4. lofthe EastLake Affordable Housing Program, Attachment 5. In order to guarantee the provision of affordable housing, the City requires that an affordable housing agreement be prepared and signed by the developer prior to or concurrent with approval of the first final map. This requirement has been incorporated in the SPA conditions of approval. The new sites selected for Low Income housing are illustrated in Figure 8A, Adopted and 8B, Proposed and more specifically described as follows: Site 1 (previously adopted) - this site is located within the Vistas neighborhood, south of Olympic Parkway in close proximity to the Olympic Training Center. The site is designated High Residential (18-27 du/ac). Site 2 (new site) - this site is located on the north side of Club House Drive between Hunte Parkway and the Salt Creek open space corridor. The site is currently designated Medium Residential (6-11 du/ac) and has been targeted for 90 multifamily dwelling units. Site 3 (previously adopted) - this site is located in the "Land Swap" area (Parcel R-9) which is designated Medium High Residential (1 1-18 du/ac). The low-income units will be integrated into the overall development of Parcel R -9 with the other market rate units. With the adoption of the above-mentioned Comprehensive Affordable Housing Program, the project will comply with the General Plan Housing Element requirement to provide 10 percent of the total number of dwelling units. Section II.6 of the EAstLake III SPA provides a detailed description of the Low and Moderate income housing requirement, the proposed implementation phasing and potential financing mechanisms. II-i? Page 19, Item No.: Meeting Date: 07/10/01 Public Facilities Finance Plan Potable and Recycled Water: EastLake III Plarmed community is located within the boundaries of central service area ofthe Otay Water District (OWD), which is responsible for providing water service in the eastern area of the City ofChula Vista. As part of the project, the applicant prepared a Sub-area Water Master Plan to determine the expected water consumption and the necessary inftastructure to deliver water service to future residents of EastLake III. The Water Sub-area Master Plan estimates that potable water demand for EastLake III SPA is approximately 917,000 gallons of potable water per average day, and 195,000 gallons of recycled water per average day for irrigation of common landscaped open space areas. The slope banks draining towards the Lower and Upper Otay Reservoir are plarmed to be irrigated with potable water to avoid potential contamination of the water reservoir. The average daily water demand for this slope bank areas has been included in the above potable water demand figure. The OWD has indicated that, based on the Water Sub-area Master plan prepared for the project, sufficient potable and recycled water supplies are plarmed to be available as demand is generated by the project. However, to insure that the proposed development will have water service available to serve future residents, a condition requiring formal approval of the EastLake III Water Sub-area Master Plan and a "will serve" letter by the Water District, prior to issuance of the first building permit for the initial phase of the project has been included in the Draft City Council Resolution. (see Section 11.2.7.2 to .4 in the EastLake III SPA, Attachment 5). Sewer: Sewer service for the EastLake III SPA is provided by the City of Chula Vista within the Salt Creek sewer basin. The sewer trunk within this basin is presently being plarmed and is expected to be completed and available for service some time in 2003. Development of EastLake III is expected to commence in 2002, and dwelling units occupied later the same year. The sewer study prepared for the project estimated that the project will generate approximately 661,591 gallons of wastewater per day. Because the Salt Creek sewer trunk will not be available when the first dwelling units in EastLake III are occupied, interim sewer pumping of project flows to sewer facilities in Telegraph Canyon and/or Poggi Canyon basins were analyzed as part of a sewer study for the project. The sewer study analyzes development of the project through 2005, and assumes that Phase I, which is expected to commence in 2002 and completed in 2003, will release 800 single family dwelling units, as well as the elementary and middle school sites (see Section 11.2.7.5 if the EastLake III SPA). To serve new residents and community facilities, the sewer study offered several interim sewer-pumping alternatives. These improvements are more specifically described in Section II.2.7.5 of the EastLake III Sectional Plarming area SPA plan and Section 4.4.8 of the Public Facilities Finance Plan. /1-11 Page 20, Item No.: Meeting Date: 07/10/01 The City Engineer will determine which alternative (Poggi Canyon or Telegraph Canyon) is more appropriate at the time EastLake formally request interim sewer service. Drainage: Since EastLake III is positioned on a humpbacked ridge between Salt Creek and Otay Reservoir. Diversion of drainage run-off to the Salt Creek drainage basin is proposed to avoid urban run-off onto the Upper and Lower Otay Lakes reservoirs. In recent years, the San Diego Regional Water Quality Control Board has enacted tough measures to reduce pollutants from being discharged into water bodies from point and non-point discharges. EastLake III will be required to obtain State and Federal permits and observe the NPDES General Construction Activity Storm Water Permit and the Clean Water Act 401 Water Quality Certification requirements. The EastLake III project will divert drainage runoff approximately 243 acres to the Salt Creek basin. This diversion will be accomplished by grading the property so that it drains toward Salt Creek and by pumping run-offfrom the Otay Reservoir area to the Salt Creek basin in areas that carmot be diverted by grading. An agreement between EastLake and the City of San Diego will be negotiated to compensate for the loss of water being diverted from the Otay Reservoir. In addition, the detention basins in the Woods and the Trails along Salt Creek will limit the 1O0-year flood discharge to less than pre-development levels to protect downstream habitats from flooding and contamination. Transportation: The traffic study shows that the future development of the Eastern Territories is highly dependent on securing the completion of SR -125. The capacity of the current and plarmed road system as measured ftom January 1,2000 is estimated to be 9,429 dwelling units. The capacity is expected to be reached in 2003 unless SR-125 is open or additional capacity is built on the local road system. Although SR-125 has received most of the required approvals to start construction, there is no certainty as to the completion of construction. It is estimated that if construction starts this year, SR-125 might be open in 2004. If current building trends continue strong for the next couple of years, the available capacity of the local roads could be exceeded before the opening ofSR-125. Under this scenario, the EastLake III project will subject to the available cumulative capacity of9,429 building permit ifSR 125 is not built or additional local road capacity is not constructed. This limit is necessary to prevent the traffic threshold standard from being violated on the east west arterials providing service to the Eastern Territories. Schools: The EastLake III SPA is located within the Sweetwater Union High School and the Chula Vista Elementary School Districts. The project is expected to generate 618 elementary 11- 20 Page 21, Item No.: Meeting Date: 07/10/01 school students, which is approximately the equivalent to an elementary school, and 206 middle school students. The SPA plan provides a 14.3-acre elementary school site at the southwest corner of the Woods neighborhood and a middle school to the north, adjacent to the Salt Creek Planned Community. Two high schools serve the area: EastLake and Bonita High Schools. The two school districts have indicated that the construction of these two schools in the Woods and the existing high schools in the vicinity will have sufficient capacity to accommodate the anticipated number of students generated by the project. However, the existing school fees do not produce adequate revenues to build new schools, so both school districts will use the Mello-Roos District to finance schools. Construction of the two planned school facilities as determined by the corresponding school district, based on their school construction-phasing schedule. Libraries: A new Library Master Plan Update was adopted by City Council in December 1998. The plan addresses library sitting, phasing, impacts of new technology on library usage, floor space needs and other design and development criteria. The Master Plan calls for the construction of a full service regional library of approximately 30,000 sq. ft. in Rancho del Rey by the year 2005. With the construction of this facility, the 10,000 square foot EastLake library would most likely be closed. EastLake III does not include library facilities. Instead, the applicant would be required to pay Public Facilities DIF for library facilities. Fire and Emergency Medical Service Facilities: There are two fire facilities currently serving the EastLake community - Fire Station No.4, located at 861 Otay Lakes Road and Interim Fire Station No.6, located at 975 Lane Avenue. In the future, Fire Station No.4 will be relocated to 850 Paseo Ranchero, and Interim Fire Station No.6 will be relocated to Rolling Hills Ranch. A new permanent fire station (No. 6A) will be built north ofOtay Lakes Road within the Woods neighborhood. The project will be required to pay DIF fees in effect at the time of development. Police Facilities: Police facilities are provided ftom the Chula Vista Police Department located at City Hall. Based on statistical standards, the additional population will require an additional 2.8 officers (1.38 officers/1,OOO citizens) plus 3.5 support staff to maintain current levels of service. Provision of police facilities and services will be paid for by Development Impact Fees. Public Facilities Finance: The public facilities needed to serve the project will be paid for by the developer through subdivision exactions, Development Impact Fees, Assessment Districts or Mello Roos. 11-21 Page 22, Item No.: Meeting Date: 07/10/01 4. SPA Implementation Air Quality On November 14,2000, the City Council adopted the Carbon Dioxide (CO2) Reduction Plan, which included implementation measures regarding transportation, energy efficient land use planning, and building construction measures for new development. It was recognized that the City's effort to reduce carbon dioxide emissions from new developments is directly related to energy conservation and air quality. As a result, the City is initiating a pilot study in order to develop specific guidelines for the preparation of Air Quality Improvement plans. The pilot study involves the development of a computer model to evaluate the relative effectiveness of applying various site design and energy conservation features in new developments. The pilot study will analyze and produce the corresponding Air Quality Improvement plan for the EastLake III SPA project. The attached City Council resolution contains a condition requiring the applicant to process an amendment to the SPA, incorporating the Air Quality Improvement Plan produced by the pilot study prior to, or concurrent with the project's Master Tentative Map. Water Conservation Plan The City is in the process of developing guidelines for the preparation and implementation of Water Conservation plans. This effort involves a pilot study to evaluate the relative effectiveness associated with the implementation of additional water conservation measures, beyond those currently mandated in EastLake III. The evaluation will encompass additional technical water saving devices, as well as expanded use of recycled water, and possibly gray water. The pilot study will provide information to be used in finalizing a Water Conservation Plan for EastLake III Project. The attached draft of the City Council Resolution contains a condition requiring the applicant to file an amendment to the SPA plan, incorporating the Water Conservation plan produced by the pilot study prior to or concurrent with the project's Master Tentative Map. Planned Community District Regulations The EastLake III Planned Community District Regulations function as zoning regulations. The PC District Regulations provide standards and regulations to guide the development of both projects. These regulations are applied in conjunction with the EastLake III Design Guidelines (see Attachment 5, Planned Community District Regulation). The Planned Community District Regulations contain a Building and Siting Plan (BSP) outlining the unique yard requirements and allowable building envelopes for lots within the RL-l land use district ("Luxury Homes"). These yard requirements are illustrated more specifically in Exhibit PC-2a through 21 of the Planned community District Regulations. The Exhibits were prepared using a conceptual tentative subdivision map and therefore the specific lot dimensions are not shown. Staff has included a condition requiring tIle applicant to revise the exhibits by adding the lot dimensions as approved in the tentative map. II - 22 Page 23, Item No.: Meeting Date: 07/10/01 Design Guidelines The EastLake III Design Guidelines represent a significant advancement in tailoring the design of homes and businesses to meet a high standard of design for the project. The purpose of the guidelines is to guide the design of site plans, architecture, and landscape architecture within the project area. The residential design guidelines for the Vistas and Woods West were prepared utilizing the Greens and the Trails developments as a base. Special attention was devoted to enhancement of side and rear house elevations exposed to public view. Enhancement techniques for elevations include different roof planes intersecting at right angles, single story element for part of the house, and offset planes of at least 18 inches on the rear elevation. Enhancement techniques for rear elevations include balconies, window pop- outs, recessed windows, enhanced window surrounds, window shutters, cornices at rear eaves and other criteria. Silhouetted ridgeline housing will require special attention such as designing homes with different roof forms, using single story homes interspersed and other techniques to avoid ridgeline monotony. A special section in the Design Guidelines is devoted to EastLake Woods East. This is the luxury home neighborhood consisting of lots over I acre. The palette of architectural styles proposed for Woods East has a historic background and precedence in the San Diego area. The styles include American Colonial, Cape Cod, Craftsman, Monterey, European Cottage, European Estate, Italianate, Spanish Revival, Southwest Adobe Contemporary, Spanish Eclectic, Mission Italianate, and Gill Inspired. Principle design criteria features include single story elements, recessed ftont second story, rear articulation, porches, roof forms, wrapping trim, garage treatments, variable garage setbacks, and plotting and massing criteria for each parcel in Woods East. Each parcel is allocated permitted architectural styles that will add character and a higher degree of value to the community. The multi-family, retail and tourist commercial parcels in the Vistas will be guided by the Design Guidelines criteria for site plarming, architecture, building material and colors and special conditions. The Plarmed Community District Regulations contain detailed requirements for Zoning Administrator Site Plan and Architectural Review and for Design Committee Review of the buildings and other improvements together with required findings that the project is consistent with the EastLake III Design Guidelines. This new requirement will ensure that all of East Lake III is built in accordance with the principles and other criteria contained in the Design Guidelines (see Attachment 5, Design Guidelines). Community Fencing: One of the most dominant visual elements of a planned community is its fencing. The EastLake III fencing plan outlines several types of fences to serve a particular purpose, sound attenuation, privacy, view screening, etc. Exhibit 17 in the Design Guidelines outlines more specifically the fencing type that will be used along visually sensitive edges /1-2:3 Page 24, Item No.: Meeting Date: 07/10/01 of the project. Staff endorses the overall fencing program, but recommends that decorative fencing be also included along the edges of the school site exposed to public view. Staff also recommends that the elementary school walls along Hunte Parkway and Otay Lakes Road be within an open space lot and maintained by the Home Owners Association. 5. SPA Plan Consistency with the General Development Plan Within both, the EastLake Woods and Vistas neighborhoods, the proposed land uses and development intensities directly implement the provisions of the General Development Plan as amended. All designated public facilities are located within the areas designated by the General Development Plan, and the permitted density and land use intensities are those prescribed therein. With the adoption of the proposed General Development Plan amendments for EastLake III, the EastLake III SPA will be consistent with the amended EastLake III General Development Plan and therefore consistent with the General Plan. 6. Growth Management Ordinance Evaluation Standards adopted by City Policy require that the project be analyzed to determine whether the approval of the project, as conditioned, will have an adverse impact on the adopted threshold standards. A review of the SEIR, PFFP and other supporting SPA documents provide evidence that the project is consistent with the adopted threshold standards of the City. An analysis of thresholds is contained in the environmental document SEIR- 97-04 and Public Facilities Finance Plan (see Attachment 5) CONCLUSION For the reasons stated above, as well as the recommendations of special districts and other governmental agencies, staff has concluded that the EastLake Replanning Program, described and evaluated in this report, reflects sound planning principles and is consistent with adopted plans and ordinances of the City ofChula Vista. FISCAL IMPACT The Fiscal impact analysis prepared for EastLake III concludes that the fiscal revenues range from $319,000 in the first year of development to $3,939,800 at build-out. Fiscal expenditures range from $242,400 in year one to 2,079,900 at build-out. Thus, the net fiscal impact ftom the EastLake III project is positive in the first year (+$36,500) and remains positive through project build-out ($1,859,900). The EastLake III project is expected to generate higher than average per unit property sales tax. Other revenues are expected to be at or above City averages. The large positive impact is due to the TOT collected by the tourist commercial center and the retail sector. /1-2lf Page 25, Item No.: Meeting Date: 07/10/01 The applicant has paid for all cost associated with the processing of the EastLake III Replanning Project and will be responsible for paying corresponding Development Impact fees and other applicable development and processing fees, as they may be amended from time-to-time. Attachmenls 1 Planning Commission Resolution 2. Figures 3. EastLake Comprehensive Affordable Housing Program 4. Community Purpose Facilities Master Plan 5. EastLake 1Il Binder 6. Disclosure Slatement J:\homelplanning\luis\my briefcase\ rCM 01 26CCAgenda Statement July 10.2001 3.doc) 'I i C I . "-.-' PROJECT LOCATION OTAY RANCH C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR ~~: The Eastlake Company PROJECT DESCRIPTION: C9 AMENDMENT TO GENERAL DEVELOPMENT PLAN PROJECT EasUake 111 c ADDRESS: Request To amend the General Development Plan, adopt a Sectional Planning Area Plan for the Woods, VIStas, SCALE: I FILE NUMBER: and process a Tentative Subdivision Map for the Woods & VIstas. NORTH No Scale GDP-O1-O1 / / - 2/; Attachment 1 Planning Commission Resolution /1- 27 RESOLUTION NO. GPA-OI-07/PCM-01-26/PCM-00-19 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMEDING THAT THE CITY COUNCIL APPROVE AMENDMENTS TO THE CHULA VISTA GENERAL PLAN, EASTLAKE II AND III GENERAL DEVELOPMENT PLANS, EASTLAKE GREENS AND TRAILS SECTIONAL PLANNING AREA (SPA) PLANS. ALSO, ADOPTING A NEW SECTIONAL PLANNING AREA (SPA) PLAN AND ASSOCIATED REGULATORY DOCUMENTS FOR 748 ACRES KNOWN AS EASTLAKE III AND LOCATED EAST OF THE EASTLAKE BUSINESS CENTER AND SALT CREEK OPEN SPACE CORRIDOR BETWEEN THE FUTURE ALIGNMENT OF PROCTOR V ALLEY ROAD AND THE SOUTI-IERN END OF WUESTE ROAD. WHEREAS, duly verified applications were filed with the City of Chula Vista Planning Department on January 13, 2000 by The Eastlake Company (Developer) requesting amendments to the City ofChula Vista General Plan, Eastlake II and III General Development Plan (GDP) and Eastlake Greens and Trails Sectional Planning Area (SPA) Plans. The applications also requested approval of a new Sectional Planning Area (SPA) plan with PI armed Community District Regulation, Design Guidelines, Public Facilities Financing Plan, and a Comprehensive Affordable Housing Program for 748 acres known as the Eastlake III ("Project"); and, WHEREAS, the areas of land, which are the subject of this Resolution, are commonly known as Eastlake III, EastLake Trails and portion of the EastLake Greens, known as the southern "Land Swap" parcel. These sites consist of: a) 1030 acres east of the EastLake Business Center and Salt Creek open space corridor between the future alignment of Proctor Valley Road and thé southern end ofWueste Road (EastLake III); b) 322 acres east of Hunte Parkway between Otay Lakes Road and Olympic Parkway (EastLake Trails); and c) 88 acres north of Olympic Parkway, east and west of EastLake Parkway (Southern "Land Swap" parcel; and, WHEREAS, the amendments to the Eastlake II General Development Plan, EastLake Greens and EastLake Trails Sectional PI arming Area (SPA) plans and associated regulatory documents consist of modifYing the adopted EastLake Comprehensive Affordable Housing Program to relocate a designated affordable housing site, presently at the northwest corner of Otay Lakes Road and Hunte Parkway within the Woods neighborhood to a multifamily site north of Clubhouse Drive, east of Hunte Parkway within the EastLake Trails neighborhood. Also, change the Affordable Housing Program statistics and number of affordable units required for the project to reflect the additional dwelling units in the EastLake III GDP and SPA; and, WHEREAS, the amendments to the Eastlake II General Development Plan, EastLake Greens and EastLake Trails Sectional Planning Area (SPA) plans and 1 / / -22 associated regulatory documents also include an amendment to the EastLake Community Purpose Facilities Master Plan to increase in the allowed CPF acreage that may be utilized for ball fields from 25% to 35% of the total CPF acreage required for the CPF Master Plan area, and the inclusion of for profit and non-profit day-care facilities as a conditional use in the CPF land Use district. WHEREAS, the amendments to the Eastlake III General Development Plan for the Woods (northern 410 acres) consist of: 1) relocating the westerly 88 acres, designated Research and Limited Manufacturing to EastLake II GDP and EstLake I SPA, and as a result the GDP overall acreage is reduced ftom 1030 to 942; 2) re-arrange the elementary and middle school sites; 3) remove the Park land use designation; 4) establish a new Public Quasi-public land use designation for a future fire station; and 5) change the internal circulation ftom a loop road to a north-south spine road; and, WHEREAS, The General Development Plan amendments for the Vistas (285 south of Otay Lakes Road) consists of: 1) changing the western half of this neighborhood from Low Density Residential to Low Medium; 2) re-arrange the Medium and Medium High density residential and establish a 12-acre retail commercial land use designation north of Olympic Parkway; 3) change the southern half of the Open Space land use designation along the eastern edge of the Vistas Neighborhood to Park; 3) change the internal loop-road to a single north south spine road; 4)remove the Medium High Density Residential, Professional and Administrative Commercial and Retail Commercial floating land use designations, and establish a new Public Quasi-public and High Density Residential land use districts; 5) remove the Visitor Commercial and Open Space floating land use designation and establish a Tourist Commercial land use designation on that site; and, WHEREAS, as a result of the General Development Plan amendments described above, increase the number of permitted units from 1767 to 2061 (+294), and the overall density from 3.9 to 4.4 dwelling units per acre; and, WHEREAS, The requested amendments to the General Plan Land Use Diagram are to reflect the proposed General Development Plan amendments for the Woods and Vistas as described above, and change the land use designation of an elongated shaped parcel, south of the Olympic Training Center from Park and Recreation to Public Quasi- public; and, WHEREAS, The Changes to the Circulation Element of the General Plan consist of changing the Roadway classification of: 1) Olympic Parkway between SR-125 and Eastlake Parkway ftom 6-lane to 8-lane Prime Arterial; 2) Otay Lakes Road between SR- 125 to Eastlake Parkway from 6-lane to 7-lane Prime Arterial; and Vistas internal roadway from Olympic Parkway to Otay Lakes Road from Class I and II collector to Class III collector; and, 2 //-29 WHEREAS, The City Council of the City of ChuJa Vista has previously reviewed, analyzed, considered, approved and certified FSEIR-OI-01, and Addendum; and, WHEREAS, the Resource Conservation Commission reviewed the Environmental Impact Report (EIR-Ol-O1) for the project on June 18, 2001 and recommended the certification of the EIR; and, WHEREAS, the Planning Commission, having received certain evidence on June 27, 2001, as set forth in record of it proceedings herein by reference as is set forth in full, made certain findings as set forth in their recommending Resolution No. GPA-OI-07, PCM- 01-26, PCM-00-19 herein and recommended to the City Council the approval of the applications based on certain terms and conditions; and, WHEREAS, the Plaruùng Director set the time and place for a hearing on said Project, and notice of said hearing, together with its purpose was given by its publication in a newspaper of general circulation in the City, mailing to property owners within 500 ft. 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 advertised, namely June 27, 2001 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Plaruùng Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION DOES hereby recommend that the City Council adopt the attached lliaft City Council Resolution and Ordinance, approving the Project in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the City Council. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION voted 7-0 to recommend approval of the Project. A YES: Robert Thomas, Chair, Kevin O'Neill, Steve Castaneda, Ross Hall, Marco Cortez, John Willett, John McCann NOES: None ABSENT: None ABSTAINED: None ABSTAINED: None 3 /I.-3~ Robert Thomas Chairperson Diana Vargas, Secretary . 4 //-31 Attachment 2 Figures /1-32 (ADOPTED) ::~~-'-. General '<~~~ Development ) ."..') Plan I -<::--- '- - - '" 1---. (\ ',-? ""/ ) , (,// jê-' '-j "-~--ì - í r-../~" :=.... "- 1"--, " /' "~"""--':¡ /./ . /~/- L;v~/- ""'L'--9 /" (" "-, V) f'/' /,r ( ,. ¡.,...,- ./ r ~~- \ RESIDENT1AL "^"- ~ l~ \ U\l'ÐUSE AGÆS DUlAC lN7S ""'AC sa :...... :: ~~ ::: :~ ~ ~ -~ ,....",'" ., I... ~-"" "., n-" '" ". r' .....,- OM' "".. ) NON-RESIDENTIAl - \ U\I'Ð USE ACRES FAClUnES "'" L...J """"'N"' "., "" ..........,- ..- æ::""~" ,..." >.....- rc;:¡>' =-:. ,., 'on"""", ,,- .-.. , .... : =--~"- ",., / cD ::::::= '::': . ~ ",",......, "'- '50.' . ..,.,.. "'0 I "n~ ,,""'. ~ "".. '-/[ ._...-_.,--~~-,.-"--_.,= 1 ~ I:ASTLAKE III ~ ~~ A PLANNED COMMUNITY BY EASTLAKE DEVElOPMENT Co. "".w .:Ii Figure lA /1-33 (ADOPTED) TRANSFER 108 ACRES G I OF RESEARCH & LIMITED enera MFG. FROM EASTLAKE III TO De~ ~elopment EASTLAKE nv' Plan r~ ) ì \ c~ .-J ¡ .--/> '--- '--/~ rj /- , ( " ! v~ . / ~> / ( ! ¡.-'- . r ~~- \ '" \ RESIDENTIAL MAX- """-ECTED 'O" \ lAND USE ACRES DUlAC LNTS DUlAC ' æ :...... :: : ::: :~ ) ~ - "" H "'" ., \. ~_."" "'., "." '" '" / -,... "., "" ~ i NON--RESIDENllAl (. c:J =~A'_' A~: ;::u::....,- '\ ~ ..,..', <-"', >....- ~ =-...: 02 'O" """""'-"-" , : ;: . ~:::::':= ",,', ,/ ~.......- ,., ~""""-'O"'" ",., Ob-'" ."., ,I "',~ m- ""~ \.A' ,-",-_ri~--~~-"-"--_,,- ì ~fASTLAKE III ~~~~ A PLANNED COMMUNITY BY EASTLAKE DEVElOPMENT co. ,,""" I -= / / - 3L/ Figure IB EASTLAKE III COMPONENTS EastLake Planned Community / 1- 36 FIGURE 2 EXISTING TERRAIN =. . ""'- ;...;..,~. ~"""""'" ~'. ~ .....,ea-n ~'""'- Ej- 8-- ,- ~ "'.--- OOoy --- C;/ ..&i E'ASTLAKE III [!J Cinti &~ ",,_coo..'" ~ A PLANNED COMMUNITY BY EASTLAKE DEVElOPMENT Co. "",.. / I - Çjr:::, FlGURE3 EAST LAKE 1\1 WOODS (WEST) EASTLAKE BUSINESS CENTER 0 ~ \~ \{ ,-~- ---4 r~rhandl' \ II ?J? PKU->U~I:::D General Development Plan --" I Land Use Ams ! T.,get ! T.,get ¡ ! dulac I DUs , RESIDENTIAL ~ Low (0-3 dulac) 2982 2.2 650 ~I Low Med'um (3-6 dulac) 1545 5.2 799 ~ Med,um (6-11 dulaC) 7.3 10.0 73 MH Med-High("-'8du/ac) 159 150 239 H High (18-27+ dulac) 12.3 244 300 Sub-totat Residential 4BB.2 4-2 2061 NON-RESIDENTIAL CR Comm- Retaü 12.2 CT Comm- Tourist 18.4 p Pari< 152 PQ PublicIQuasi-Public 245.0 OS Open Space 1378 ! Circulation ~ Subtotal Non-Residential 454.1 TOTAL 942.3 2.2 2061 (l)= Un."'Y'n, l~De",'ya,.""(",,...nd U.. R_,."~(~.,.mat"'a"""",pm~j.,,. Lower Otay Reservoir ~ E"ASTLA KE III Clnh Land Planning Fï:J9 ['] . - - - ~ A planned community by The EastLake Company 2.2<>01 ! /37 FIGURE 5A (ADOPTED) ::-:::~-,- Genera' ",-:~" Development \, '-"'- Plan (~_o) "'.. -2--, ~ .~-? ~) )' \ t / // .' t~ to- ;---, , '--ì ( '---- ¡:;:-, r-<j ~- '" /:---,' '---~.j // -- /:;-.- -- -/ v.:v' /' I \ .' ie'-'~ ./ '-J r -/- \ FESID--:UTIA!- WAy, =.e= to;;, \ LANOUSE ACRES :>J,^C LUTS ,,",AC ŒJ .... =0 t-"" 02 .. ~ - ". H '" ." r ru] _m "'~" '"0 ., \ ~~"" ",,' n-" ,0< '" to' .....,- .~, ""~ ) \ N:JN--f1=SIDENTIAL .- "" L»<>USE ACÆS '^au,"os "'"' L- ..... -, ",-' 'M "" '-""'.... -- ¡c-.. -" ""', '....... . c- . ~=.: " tOn "'""'" ".... ,-- ..... =".:.'....~... "" /' ~:::::=' ':: ~"""'......O>- "',' - ....,.. ",., ,o,~ """'K ""~ \.J! ,_...-------~~-,,-<o_----=, j ~ fASTlAKE III ~~ A PLANNED COMMUNlïY BY EASïLAKE DEVELOPMENï Co. ,,~.., ..=¡¡ FIGURE 51 II :::Fi co Q) .... ::J 0) ü: -0 Q) en 0 C- o L- 0.. -0 Q) ~ C- O -0 « 0 "" c "" - ~ :]:~:]~ t~t;~~~~,htL hhh iH~!J fhU~ - ~- -- ~- ~ ~ ~> " "'" I 'ôi ~ - > ~< - ~~" '-"- ~ ~O 0 ~~ ~ ~ .&.1 II ð .1" ""I =1 IXI.I 'I\" = 'II:::' ¡: 'j¡:' ;¡; U ( 1- LlO '" '" æ ... 5 ¡¡¡ ~ ~ g '5 ~,g'ã~ ~o 8 <3 (.) ,., ~~ u; ~ ži ! <C CI) ¡; ¡; ... '" 5 ~ ~ LSJë3 fSJ, ë3 fSJo GIi: ~~1rl \ . a:-:::I ' ~~o - ëñ ~:)~ ~ 5 <.!) (.) (ñ c;; .2. "¡¡r :z: :;; en "': ... :;; <co...: "':;; '" ::c a: ...J ,., '" ~ '" ¡¡¡ (.) LL (.) ... ¡¡¡ '" ¡¡¡ --I ;-"'--1 ~ --I E --I 5 I : '" X",: ~ 0 qJ ! ~ Ii: i:i5n. en LL ~ ~ '¡ I ~ ~~FÇlI':l ~~ I ¡.J '--", ~ ~~~~ :;; <.0 L_.._: L.._' 0:;; æ~;i CLL¡¡¡: a:~W :z: æ~~ :) ~œ:<C n. :)~~ ~ ~W¡¡¡: ~ ~~n. ~ O:)W ~ W~:Z: (.) <.!)CI):) œ: ~~~ Ü ::coo (.)~~ :;;:;;;i ~o¡¡¡: LLæ~ ~~a: S;~~ æa..~ ~~8: ogW - :z: ~ :) ~~"" 000 W~~ <.!)""W Z"":Z: "':"":':) ::ca:. 0(1)<.0 Figure 7 /1 '-1/ Adopted Low Income Housing Sites 0 EastLake Vistas Site @ EastLake Woods Site @) EastLake Land Swap Site 0 EastLake Greens Site Moderate Income Housing Sites Dispersed without assignment in M, MH. & H Categories, ~~=~ ~ fASTLAKE ~intim ";::~,:,,I........J A Pl.ANNED COMMUNITY BY ~1tAJŒ D€VELOi'Iv'ENT CO Dat., 618/'. 11/24/98 Page 16 of 24 I FIGURE 8A /)-'12. \ Low Income Housing Sites SPA Key Map 0 EastLake Vistas Site e EastLake Trails Site Ð EastLake Land SWap Site 0 EastLake Greens Site Moderate Income Housing Sites Dispersed without assignment in M, MH, & H Categories ~ fASTLAKE Cinti Land Planning --.c:A(.',,=-,- m 11....!1 ~ .. A planned community by The EastLake CO. I) -'-13 FIGURE 8B ~ INTRODUCTION ~~ Community Structure '~ ~r""", \\\','L1S KèSiL1èll ri.~Ü Nèigh b, 'rh,', ,d ~E4STLAKE III SPA On!; Lond Planning --.""'.-.- m ri....r"11.... ..J ... A planned community by The EastLake Company Figure 9 (04/20/01) II.2.1-8 II-if'! Attachment 3 EastLake Affordable Housing Program /1- 415 SECTION 11.6 EASTLAKE COMPREHENSIVE AFFORDABLE HOUSING PROGRAM A COMPREHENSIVE PLAN FOR THE PROVISION OF AFFORDABLE HOUSING EASTLAKE TRAILS, WOODS, VISTAS AND "LAND SWAP" PARCELS Approved by the Chula Vista City Council Resolution No. 19275 Noyember 24, 1998 Revised by Bud Gray & Associates 2452 AlTOwhead COUlt Chula Vista. CA 91915 Contact: Bud Gray (619) 656-6323 (June 20. 2001) CIM, "",,~rn,\EAS1LAJŒ\AHP E~""" "'-R",,"".doc /I-LI" TABLE OF CONTENTS II.6.1. INTRODUCTION...............................................................................................................1 II.6.2. DEFINITIONS ..........................................-..-.........................-........-.......-...........................2 II-6.3. CITY OF CRULl\ VISTl\ INCLUSION.^.RY HOUSING NEEDS ASSESSMENT ........ 3 I II.6.4 EASTLAKE AFFORDABLE HOUSING PROGRAM...................................................... 4 II.6.4.1. LOW INCOME HODSING..........................................................................4 Requirements............................_.................................................................... 4 Site Selection Criteria.................................................................................... 5 ~~~;~j~"b'~'B~d;-~~~;'¿~~~':::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ I Low Income Housing Sites ........................................................................... 5 Phasing ...................................-......................................................................6 Implementation Schedule..............................................................................7 II.6.4.2 MODERATE INCOME HOUSING ........................................................... 9 Moderate Income Housing Requirements ...................................................... 9 Moderate Income Housing Sites .................................................................- 10 Phasing ................................................................................-......................10 Implementation Schedule.............................................................................11 II.6.4.3 AFFORDABLE HOUSING RESTRICTIONS ...........................................9 Income Eligjbilitv...........................................................................................9 Affordable Monthly Rents............................................................................ 10 Affordable Housing Costs for Owner Occupied Housing............................ 10 Underwlìting Requirements ...,.............................................................."""'" 9 Resale Provisions of Owner Occupied Housing .......................................... 10 Household Size Appropriate for Unit ......................................................... 10 Term of Affordabilitv Restrictions............................................................... 11 II.6.4.~ SUBSIDIES, INCENTIVES AND FINANCING MECHANISMS ............ 15 I II.6.4.4~ COMPLIANCE REPORTING ...................................................................16 I Rental Units' Compliance Packet and Audit................................................ 16 Home Ownership Units' Compliance Packet...............................................18 OM, """~",,\EAS11.AKEWll'E~,"'" m-R"¡~'doc /J-47 II.6.4.~ AFFIRMATIVE MARKETING PLAN ...............................-.....................19 I II.6.4.7 IMPLEMENTING AGREEMENTS AND CONDmONS .........................19 II.6.5 EXHIBITS ................................................................................................... 20 Exhibit 1 Low and Moderate Income Sites ..."""""".'.."."."""'..'.""..",."" 20 Exhibit 2 Maximum Income & Housing Expense '....".'..'..."".'..,..",..,.".", 20 ~Exhjbit 3 Supplemental Rental Application.................................. 21 ~Exhibit 4 Semi-annual Report ..."."."'..""""""'."""'.".""".."."'" 23 Exhibit 5 Annual Moderate Income Affordable Housing Report ................ 20 ~Exhibit 6 Homebuyer's Qualifying Form...................................... 26 ~Exhjbit 7 Affinnative Marketing Plan........................................... 27 II -'-I? 11.6.1 INTRODUCTION The City of Chula Vista ("City"), along with all other cilies in California, is required by state law to have a Housing Element as a component of its General Plan. The Housing Element describes the housing needs of the community and the responses necessary to fulfill them. The City of Chula Vista Housing Element of 1991 contains numerous objeclives, policies and related action programs to accomplish these objecti ves. Key among these policies is the affordable housing policy which requires that residential development with fifty (50) or more dwelling units provide a minimum of 10% of the total dwelling units for low and moderate income households, one-half of these units (5% of the total project) being designated to low income and the remaining five percent (5%) to moderate income households. In order to guarantee the provision of Affordable Housing opportunities, the City requires that a specific Affordable Housing Program ("AHP") and agreement be consistent with the Housing Element of the Chula Vista General Plan and be prepared and signed by the Developer. This Affordable Housing Program is intended to delineate how, when and where the units would be provided, intended subsidies, income rent restriclions and methods to verify compliance. The program may be implemented through various mechanisms including development agreements, tentative map conditions, and specific housing project agreements which may impose addilional terms and conditions consistent herewith. The EastLake Comprehensive Affordable Housing Program, as used herein, applies to the following future neighborhoods idenlified in the EastLake II & EastLake ill General Development Plans. . EastLake Trails (EastLake II GDP) . EastLake Vistas (EastLake ill GDP) . EastLake Woods (EastLake ill GDP) . EastLake Land Swap Parcels (EastLake II GDP) The EastLake Comprehensive Affordable Housing Program is consistent with the City's affordable housing policies and is expected to be completed in three phases. Construction of 6+-30 low income and 6+-30 moderate income housing units in the Initial Phase is scheduled I to begin before the issuance of the ~LOOlst building permit. The second phase is scheduled to start before the issuance of the 240lst building permit. The third phase is scheduled to start before the issuance of the 3,201st building permit (see the section entitled "Implementation Schedule" in this program). EastLake II & ill are planned to include a total of ~3.954 3,954 housing units. I The low income housing units (+&;l21D shall be located at three sites in the different I neighborhoods as shown on Exhibit I, Low Income Housing Sites. The moderate income housing units (+&;198) are expected to be distributed throughout the project in Residential- I Medium Density, Residential_~ Medium-High Density, and Residential - High Density. 11- 49 11.6.2 DEFINITIONS Affirmative Marketing Plan: An outline that details actions the developer will take to provide infonnation and otherwise attract eligible persons in the housing market area to the available housing without regard to race, sex, sexual orientation, marital status, familiar status, color, religion, national origin, ancestry, handicap, age, or any other category which may be defined by law now or in the future. f.ffürdable Rental Rate: Tile FOnt to be char-eges to a low inceme IIsoueho]ds hsall not exceed tile Fair market Rents ("FMR's") set by HOD on an muma! basis based on the number of bed moms wÜhin tile IInit. It includes sheher rent and the cost of IltiJities, except telephones. Cunently, HUD sets the FMR's at the 10th percentile distlibution EJf standard quality rental housing units. The 10th percentile rent is drawn from tile distribution of rents of units which are occupied by recent movers (renter households '^ HO H-10\'ed into their units witHin the past 15 moRths). Usage of FMR's assures each household pays equal proportienate share of rent. There are no minimum rem requirements. The FY 1998 fl,{R's are as follows: MetropolitaR BH' -l-M :&-M ;J-bè 4-M Statistica] f.ma ~ ~ $--{;9-l- $-9W ~ San Diego, Cf. Low Income Household: A household of persons who claim primary residency at the same unit with combined incomes that do not exceed 80% of the Area Median Income for the San Diego area (adjusted annually) based on household size.. as estabJished bv and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937 and as also published in the California Administrative Code. See Exhibit" "for the annual income limits as published by the United States Department of Housing and Urban Development CRUD)' Household size is calculated by the number of persons residing at the same unit as their primary residency. For the Imrpose of calculating income, tile guidelines contained in HUD I reglliation 21CFR 813.106, as they may be amended from time to time, shall Be used. Moderate Income Household: A household of persons who claim primary residency at the same unit with combined incomes between 80% to 120% of the Area Median Income for the San Diego area (adjusted annually) based on household size.. as established by and amended from time to time I pursuant to Section 8 ofthe United States Housing Act of 1937 and as also published in the 1/-50 California Administrative Code. See Exhibit" "for the annual income Emits as I published bv the United States Department of Housing and Urban Development (RUD). Household size is calculated by the number of persons residing at the same unit as their primary residency. For lhe p\!rpose of calcalating income, the guidelines contained in HUD I repllatioR 24CFR 813.106, as they may be ameRded from time to time, sIJall be used. Qaalified Term: The length ef time tIJe Fefltalanit must r-emaiR affordable to low income hoasehelds. Ifl tHe event Dcveloper obtains subsidized fiRaReing, the Qaalified Term sIJall be dictated by the seleeted funding source. If tHe selected fundi fig Has RO qaalified term, it sHall be fifty fh'e (55) years. In the cveFlt that no subsidized fiFlancing is obtained, tHe Qualified Term shall be tweFlty (~O) years from the date of tHe completion of the final inspection for each strllcture. San Diego Area Median Income: The San Diego County area median income level as determined from time to time by the Department of Housing and Urban Development, United States Goyernment, based on household size. Subsidized Financing: Any financing provided by any public agency specifically for the development and construction of low or moderate income housing units7. including but not limited to the following: . Low Income Housing Tax Credits (UHTC) - statewide competition; . Housing Bonds - State; . Housing Bonds - Citv; . Redevelopment Low and Moderate-income Housing fund - Redevelopment Agencv; . HOME - Citv and Countv; . CDBG - Citv; and. . Other Public Financing - State and Federal 11.6.3. CITY OF CHULf. "1ST;\. INCLUSIONARY HOUSINC NEEDS ASSESSMENT I ,\s the Stale Regional Needs ,\ssessmcRt indicates. Housing for large famiJies is the single I greatest need in om commllAit). ,^. recent surve) of CIJlIia Vista sAOò\'ed tIJat '<I ithin a tHree / 1-5/ mile radius of Cordeva ill RaReho del Rey, (all affordable lIo!lsilig de\'elopmellt ell tHe east side of Chula Vista) them ar-e 1,331 market rate rentals ohyhieh 110 are three beàr13oms aRd zero are four bedroems. DIll) 8.2% of lhe market rate refltals are thr-ee bedr13oms. GiyeR lhat 11'11. of the households in Chula Vista (aeeording to the 1990 CeRsus) are large famiJies (of five or mor-e pemolls), aRd assumiRg tile desire f13r eEua! distrib!ltioH of these families throughoHt the City, the printe market is not produciRg adequate hoHsing for large families (three or moæ bedroom uRits) OR IHe east side. THus, sHould the City of CHHla Vista 6Hoose to participato in fiRallcing affordable housing to families of low income, the City would prefer to iRvest iR aff-ordable develo¡Jlflefits with large URitS. 1\Rother City of Clmla Vista objective tHrougH its hoHsing peliej' is te broadeR the availability of housing types and iRcrease home oYlHership opp0J1unities for 1m\' income households. 1\S the Sate Regional Needs ,\ssessment indicates, due to the high cost of buyin¡; a home in Southern California, home o':,nership is rarely affordable to families with low ineomes. The 1990 Census data shows that amollg Homeowners ill Clmla Vista, the lower the household income, the hi¡;her the peræntage of respectiye household iReomes goes to the mortgage paymeRtG. MaJùn;; home o',','nership aff-ordable to families with 10"" income is the leoy to this objective. Should the City of Chula Vista choose to participate in finl1ncing affordable housiRg, tHe City \\ ould pref-er to invest in home ov.nership opportuRities fDr fl1milies of low income. According to SANDAG' s Preliminarv 2020 Cities/County Forecast. Chula Vista is expected to gain 46,000 new residents and 13,801 new households. The characteristics of the Citv's population, housing, and employment that affect its housing goals, policies, and programs include: II-52 . Chula Vista residents have household income and age characteristics that nearly match thc regional median. . The population has more diversity in race/ethnicity than the region. in that 44 percent of the population is white (non-Hispanic) and 42 percent is Hispanic (all races). this compares to 61 percent and 23 percent respectively. . Household size is slightly larger than the region. at 3.0 persons per household for Chula Vista, compared to 2.83 1Jersons per household for the region. . A large supply of vacant developable land is planned for communities with a wide valiety of densities and land use tvpes. . The well establishcd neighborhoods and master planned neighborhoods create different opportunities and require a different set of policies and programs to address housing needs. . The City's diverse employment base will grow by more than 47 percent between 1995 and 2005, with the maiority of growth in the retail. service, and government sectors. . A hi gh rate of new home constmction is anticipated due to the many approved master planned communities in the City. . Reinvestment in the well-established neighborhoods of Westel11 Chula Vista continucs to be necded- . Approximatelv 13,000 units will be 50 years or older by 2004. . A home owncrship rate of 53 pcrccnt is nearly thc same as the region's rate of 54 percent. . The very low rental vacancy rate of 1.1 percent indicates likely increased housing costs and greater likelihood of over-crowding. . The median housing cost (resale) of $177,000 is $18,500 less than the region's median cost of $195,500. . A verage rents are 10 percent to 30 percent lower than the region wide average rents. The City has two sets of numelical housing goals established by SANDAG. which are also addressed in the Housing Element: the City's share of the rcgion's future housing nceds (regional share goals) and the affordable housing goal for self-certification. The total regional share goal is 10.401 new housing units of which 1.889 are verv low-income units 6/21101 Page 6 of 37:J+ (EastLake n & III) I 1/-52 and 1.535 are low-income units. The estimated affordable housing goal for self-certification I in 2004 is 1.029 housing o{'portunities for low-income households. 11.6.4 EASTLAKE II & III AFFORDABLE HOUSING PROGRAM 11.6.4.1 LOW INCOME HOUSING I . Requirements The EastLake Trails, "Land Swap" parcels, and EastLake III Developments are required to provide a minimum of 10% of the number of permitted dwelling units as affordable housing, of which ooe-one-half shall be provided as low income housing and one- half will be I provided as moderate income housing Based on the total number of permitted dwelling units, a total of ~396low and moderate- income housing units are required to be provided within the project, of which -HS;; 198 will be provided for low-income households, and -HS;;198 will be provided for moderate-income households. . Tvpes of Affordable Housing Thc housing policies and programs established in the City of Chula Vista General Plan Housing Element advocate a broad variety and diversity of housing types. The affordable housing obligations of Eastlake Trails. "Land Swap" parcels. and Eastlake III developments will be met through a combination of housing types that mav include rental housing. "for- sale" housing. second dwelling units or other forms of housing. In gcneral. low income housing needs will be satisfied through the provision of rental units and "for-sale" housing. Housing opportunities to mect the needs of moderate-income households will be {'rimarilv provided by "for-sale" housing. . Site Selection Criteria The 10\\ ÌI9comeiocation of affordable housing s-ites-developments wer-e selected Hsing tAo I following section criteria which is prescribed in the City of Chula Vista Genoral Planshall take into consideration proximity and availability of the following: a. SucA units are located nearExisting or proposed public transit facilities, including I bus routes along arterial highways. or transP011ation routcs; b. Such ul9its are located within '""alking distance of f'.ltureExisting or proposcd I community facilities and services. such as retail, commercial and support services, public facilities and schools; and. c. Existing or futurc emplovment opportunities. I 6/21101 Page 7 of 37M (EastLake II &!Il) I /1-5il ",Every effort fla&beeflwill be made to make targeted sites for the low ¡md moderate i116ome I RO~lSin¡; unitscnsure compatib!lilie with adjacent residential units (i.e., densities, design, etc.). . Design Affordable housing shall be compatible with the design and use of the market rate units. in terms of appearance, materials, and finish quality. The developer shall have the option of reducing the intetior amenities. levels, and square footage of the affordable units. . Unit Mix By Bedroom Count The affordable units shall have an overall unit mix by bedroom count which reflects the appropriate community need, Given that 14 percent of the households in Chula Vista (according to the 1990 Census) are large families of five persons or more and a desire on the part of the City to have housing opportunities for these families throughout the City, proposed affordable housing developments shall provide a minimum number of three or more bedrooms. The minimum number of three or more bedroom units shall be based upon the number oflarge households offive or more persons in Chula Vista using such sources as Census information or other reliable data sources as agreed 10 by the City. Affordable housing to be sold and occupied bv income eligible households (for sale units) shall also provide a minimum of two bedrooms. Should the developer satisfv the affordable housing obligation through the provision of housing for senior citizens as defined by Section 51.3 of the California Civil Code, the developer does not need to provide three bedroom units. However. the developer may onlv satisfy such obligation through the provision of housing for senior citizens if the City considers such housing to be a high priority need and it provides advantages as to location, diversitv of housing types, and/or affordability levels. . Affordable Housing Credits For Large Units Given that 14 percent of the households in Chula Vista, according to the 1990 Census, are large families of five persons or more and a lack of large units to accommodate these households, the city desires to encourage the development of large family units of three or more bedrooms. The City will provide and additional 0.5 unit credit for those three bedroom units created and a 1 unit credit for those four bedroom units. . Low Income Housing Sites Three sites have been selected for low income housing units within EastLake II & ill (See Exhibit 1). I 6121101 Page 8 of 37'J+ (EastLake il & ill) I II-55 Site 1. This site is located within the Vistas neighborhood, south of Olympic Parkway in close proximity to the Olympic Training Center. The site is designated High (18-27 duJac). The low income units at this site will supplement the on site dorms at the Olympic Training Center. Site 2. This site is located near the n0l11'l'.'est quadrant of the intersection of Otay Lakes Read and Hunte Parkwaywithin the Trails North neighborhood on the south side ofOtay Lakes Road in proximity to the future Salt Creek Community Park. The site is designated Medium Residential (6-11 du/ac).Low He¡¡ium (3 6 ¡¡was) and 'sill require a future plan amendment to redesignate the site to Medium High (11 18 du/ac). The site is in close proximity to the Eastlake Business Center. Site 3. This site is located in the "Land Swap" Parcel (R-9) which is designated Medium High (11-18 duJac) with a density range of 15-25 duJac and a target of750 dwelling units. The low income housing units will be integrated into the development of Parcel R-9, which is located on EastLake Parkway, adjacent to the EastLake Activity Corridor. . Phasing The low income housing units would be completed in three phases. The Initial Phase consists oféG-30 units and the Remaining Phases consists of é2-82 andéG-86 units for a total I of -l-&;!-l2!Lunits. Every effort will be made by the Developer to produce additional low income units at the first and second phases if the opportunity to produce such units becomes feasible. . Implementation Schedule Low Income Honsing EastLake Comprehensive Affordable Honsing Program PHASE I Timing Items to be Completed Priorto approval of the 40lst building pennit Submit a SPA application for EastLake III identifying specific low income housing sites consistenl with the Affordable Housing Program and provide proof of Gontrol of sites for all phases in the form of a trust deed or an option agreement. Prior to issuance of the 501st building pennit Identify intended subsidies. incentives. and financing mechanisms for all phases to the satisfaction of the Director ofConununity Development. Prior to issuance of the 601st huilding pennit Submit and obtain approval for a marketing plan from the Conununity Development Department. 612t1O1 Page 9 of 37ð1- (EastLake n & III) I I~ ? Low Income Housing EastLake Comprehensive Affordahle Housing Program PHASE I Timing Items to be Completed Prior to issuance of the 70lst building permit Submit a design development plan to the Planning Department for the Gonstruction of Phase 110w income housing units (61 units). Prior to issuance of the 90lst building permit Obtain Design Review approval for the construction of the Phase 1 low income housing unils. Prior to issuance of the ~.I 00 I sl building Obt,"n building permits for the Gonstruction of the Phase 1 I permit for EastLake Tr,"ls low income units and identify speGifiG location of low income units within project. Prior to the issuance of the ~~1 30lst Obt,"n City's final inspection and utililies release for low I building permit or one year from the date of the income units or obt,"n Director of Community Development issuance of the first low income building permit approval of up to a maximum of six month extension based issuance. whiGhever OGGurs first. upon market pre-sales rate of low inGome units. Total Low Income Housing Units, Phase I 60 612 t/Ot Page 10 of 37:P: (EastLake n & to) I II -57 Low Income Housing EaslLake Comprehensive Affordable Housing Program PHASE II Timing IteIUS 10 be Completed Priortoapprovalofthe~"160Istbuilding Confino location of low income housing site for Phase 11- I pennit Prior to issuance of the +#)--"1.70l'l building Confino inlended subsidies, incentives. and financing I pennit mechanisms for all phases. Prior to issuance of the +,:74J-"1.80Ist building Submit and obtfin approval for a marketing plan from the I pennit Community Development Department. Prior to issuanGe of the 1.901st building pennit Submit a design development plan to the Planning Department for the construction of Phase 11 low income housing units (62 units). Prior to issuance of the 2.1O1st building pennit Obtfin Design Review approval for the construction of the Phase 11 low income housing units. Prior to issuance of the 2,401st building Obtfin building pennits for the construction of the Phase 11 low and moderate income units and identify specific location of low and moderate income units within projecl(s). Prior to the issuance of the 2.701st building pennit Obtfin City's final inspeGtion and utilities release for low or one year from the date of the building pennit income units or obtfin Director of Community Development issuance, whichever occurs first. approval of up to a maximum of six month extension based upon pre-sales rate of low inGome units. Total Low Income. Phase 11 @ß1 I 0 I 6121101 Page 11 of 37J'7- (EastLake 0 & Of) /i -52' Low Income Housing EastLake Comprehensive Affordable Housing Program PHASE III Timing Iterns to be Completed Prior to approval of the 2,40 I st building permit Confinn location of low income housing site for Phase III. Prior to issuance of the 2.50lst huilding permit Confinn intended subsidies. incentives. and financing meGhanisms for all phases. Prior to issuance of the 2,601st building permit Submit and obtain approval for a marketing plan from the Community Development Department. Prior to issuance of the 2.70lst building permit Submit a design development plan 10 the Planning Departmenl for the construction of Phase II low income housing units (60 units). Prior to issuance of the 3,OOlsl building permit Obtain Design Review approval for the construGtion of the Phase II low income housing units (60 units). Prior to issuance of the 3.20lst building Obtain building pennits for the construction of the Phase III low inGome units and identify specific location of low inGome units within projeGt. Prior to the issuance of the 3.501st building pennitor one Obtain City's final inspection and utilities release for low year from the date of the building pennit issuance. whichever income units or obtain Director of Community Development occurs first. approval of up to a maximum of six month extension based upon pre-sales rate of low income units. Total Low Income. Phase III Wß§ I 612 t 10 I Page 12 of 37~ (EastUke D & Ill) I . f- c:: /I -"? 7 . Contingency Plan Developer shall diligently pursue completion ofthe construction of the low-income housing units as per the above implementation schedule. However, ifthe performance obligations are not achieved as per the implementation schedule, in addition to any and all other rights and remedies the City may have to enforce Developer's affordable housing obligations, the City shall have the right to require that the EastLake Greens surplus low-income units be automatically used to satisfy the low-income housing obligation of EastLake IT and ill. 11.6.4.2 MODERATE INCOME HOUSING I . Moderate Income Housing Requirements EastLake IT & ill includes ~3,694 housing units of which five percent (5%), or one hundred eighty thr-eeninety-eight (-l&J12ID, must be moderate income housing units. These moderate income housing units shall consist of for sale housingobligation may be met through a combination of housing types including rental and "for sale" housing. . Moderate Income Housing Sites The residential densities of Medium, Medium-High and High have been selected as the sites for moderate income housing units within the EastLake IT & ill project. The location of these parcels are distributed throughout the project (refer to General Development Plans). . Phasing The moderate income housing would be completed in three phases. The Initial Phase consists of 61 units and the Remaining Phases consists of 62 and 60 units. 6121/01 Page 13 of 37J-1 (EastLake II & III) I /1- bO . Implementation Schedule Moderate Income Housing EastLake Comprehensive AlTordable Housing Program PHASE I Timing Items to be Completed Priorto issuance of the 1,20lst building pennit. Provide proof to the satisfaction of the Community Development Director that 30 Moderate Income housing units have been delivered to Moderate InGome farllily households. Prior to the issuance of the 1.501st building pennit Provide proof to the salisfaction of the Community Development Director that 31 Moderate Income housing units have been delivered to moderate income households- Total Moderate InGome, Phase I 61 Moderate Income Housing EastLake Comprehensive AlTordable Housing Program PHASE H Timing Items to be Completed Prior to issuance of the 2,40lst building Provide proof to the satisfaction of the Community Development Director that 31 Moderate InGome housing units have been delivered to Moderate Income farllily households. Prior to the issuance of the 2.70lst building pennit Provide proof to the satisfaction of the Community Development Director that 31 Moderate Income housing units have been delivered to moderate income households- Total Moderate Income. Phase 11 62 Moderate Income Housing EastLake Comprebensive AlTordable Housing Program PHASE III Timing Items to be Completed Prior to issuanGe of the 3.201st building Provide proof to the satisfaclion of the Community Development Director that 30 Moderate Income housing units have been delivered to Moderate InGome farllily households. Prior to the issuanGe of the 3.50151 building pennit or Provide proof to the satisfaction of the Community one year from the date of the building pennit Development Directnr that 31 Moderate Income housing issuance. whichever OCGUfS firs!. units have been delivered to moderate income households. Total Moderate Income. Phase III 60 6121101 Page 14 of 37;;+ (EastLake n & tIl) I /)~bl 11.6.4.3 AFFORDABLE HOUSING RESTRICTIONS . Income Eligibility To detennine the eligibilitv of a household for the low income housing unit. the household purchasing or renting the affordable unit must qualifv as a low income household. as established by and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937 and as also published in the California Administrative Code. See Exhibit 2 for the annual income limits as published by the United States Depa11ment of Housing and Urban Development (RUD). . Affordable Monthlv Rents For rental housing. compliance with the affordable housing requirements is determined by verifving that the total rent cost paid bv the tenant is considered affordable as defined below. To determine affordable rent costs- monthlv "Affordable Rent" includes all actual or projected monthly pavments for the following: 1 . Use and occupancv of a housing unit and the associated land and facilities: . Anv separatelv charged fees ¡md service charges assessed bv the lessor which are required bv all tenants but is not to include securitv deposits: . A reasonable allowance for utilities (including garbage collection, sewer. water, electricitv, gas and other heating. cooking. and refrigeration fuels but not to include telephone service. cable TV. or high speed modem) as defined by the Federal Regulations for the Tenant Based Rental Assistance Program: and, . Possessorv interest taxes or other fees and charges assessed for use of the associated land and facilities bv a {Jublic or private entitv other than the lessor. Affordable monthlv rent is not to exceed the following calculations: . Verv Low Income: 50 percent of the Area Median Income (AMI) for San Diego Countv, adjusted for household size appropriate for the unit, multiplied bv 30 percent and divided bv 12. . Low Income: 80 percent of the Area Median Income (AMI) for San Diego Countv, adjusted for household size appropriate for the unit. multip]ied bv 30 percent and divided bv 12. . Moderate-income: 120 percent of the Area Meclian Income (AMI) for San 125 California Code of Regulations 5£:ction 6918 (EastLRke ß & ßJ) I 6/21/01 Page 15 of 37?H- -{7¿ Diego County, adiusted for household size appropriate for the unit, multiplied bv 28 but not more that 35 percent and divided by 12. Should subsidized financing and other incentives from a public agencv be proposed and obtained, the affordable monthlv rent shall be dictated bv such program or granting Agencv. If no affordable rent is specified, affordable monthlv rents shall be established in accordance with Section 50053 of the California Health and Safety Code. . Affordable Housing: Costs for Owner Occu{>ied Housing: For ownership housing (for sale units), compliance with the affordable housing: requirements is detennined bv verifYing that the sales price paid bv the buver equates to a total housing cost that is considered affordable as defined below. To determine affordable housing costs, monthly "Housing: Payments" includes all actual or projected monthlv payments for the following: . Principal and interest on a mortgage loan, including rehabilitation loans, at the time of initial purchase bv the home buver; . Allowances for propertv and mortgage insurance; . Propertv taxes and assessments; and . Homeowner association fees. Affordable monthlv housing payments are not to exceed the following calculations: . Verv Low Income: 50 percent of the Area Median Income (AMI) for San Diego Countv, adjusted for household size approptiate for the unit, multiplied bv 30 percent and divided bv 12. . Low Income: 80 percent of the Area Median Income (AMI) for San Diego Countv, adjusted for household size appropriate for the unit, multiplied bv 30 percent and divided bv 12. . Moderate-income: 120 percent of the Area Median Income (AMI) for San Diego County, adjusted for household size approptiate for the unit, multiplied by 28 but not more that 35 percent and divided bv 12. Should subsidized financing and other incentives from a public agencv be proposed and obtained, the affordable monthlv housing pavment shall be dictated bv such program or granting Agencv. If no affordable monthlv housing pavment is specified, the affordable monthly housing {>avment shall be established in accordance with Section 50052.5 of the California Health and Safetv Code. 6121101 Page 16 of 373+ (E,stLake D & III) I / /- b3 . Underwriting Requirements To ensure the preservation of affordabilitv of proposed low and moderate-income housing and the financial viabilitv of program participants. the Citv shall encourage the following policies: . Fixed rate m011gages only. No adjustable rate mortgages; . Affordable monthly housing payments not to exceed 33 percent of household income ("Front End Ratio"). Total debt payments not to exceed 45 percent of household income ("Back End Ratio"); . No "teaser" rates; and. . No non-occupant co-bon'owers. . Resale Provisions of Owner Occupied Housing In order to ensure the continued affordabilitv of the units. resale of the units must be restricted for the required term ofthirtv (30) years. After initial sale of the affordable units to a low-income household. all subsequent buvers of such units must also be income eligible and the unit must be sold at an affordable price. A developer may opt to have no income or sales price restriction for subsequent buyers. provided however that restrictions to the satisfaction of the City are in place that would result in the recapture bv the City or its designee of a financial interest in the units equal to the amount of subsidy necessary to make the unit affordable to a low income household and a proportionate share of any eguitv. to be determined and specified within the Affordable Housing Agreement executed for the proposed affordable housing development. Funds recaptured by the City shall be used to provide assistance to other identified affordable housing production or contributions to a special needs housing proiect or program. To the extent possible. proiects using for-sale units to satisfy the obligations of developers under the Citv's Affordable Housing Program shall be designed to be compatible with conventional mortgage financing programs including secondarY market requirements. . Term of Affordability Restrictions Should subsidized financing be proposed and obtained. income and rent restrictions for an affordable rental proiect shall be implemented for the remaining life of the proiect. which is presumed to be a minimum of fiftv-five (55) years from the date of completion of the final inspection for each structure. In the event that no subsidized financing is obtained, such affordability restrictions shall remain in effect for thirty (30) years from the date of completion of the final inspection for each structure. The term of affordabilitv and resale restrictions for affordable for-sale units is more appropriatelv described above. "Resale Provisions of Owner Occupied Housing". 6121101 Page 17 of 3731 (EastLakell&I1I) I /1-bLI 11.6.4.3 SUBSIDIES, INCENTIVES AND FINANCING MECHANISMS I The Cily agrees to use its reasonable best efforts to assist the developer in pursuing the benefit of certain financing mechanisms, subsidies. and other incentives to facilitate the provision of affordable housing for low and moderate income households to the extent such resources and programs for this purpose are available. These mechanisms, subsidies, and incentives, which could reduce IDe cost of providing affordable housing, incJude, but are not limited to, local, state and fedcral subsidies, Citv density bonuses, planning and design and development techniques and standards, and City fee deferrals or waivers (colJectively, the "Cost Reducing Mechanisms"). Potential subsidies, incentives, and financing mechanisms that may be used to facilitate the provision of affordable housing incJude the following: lR tHe eyent DevelofJer obtaiBs subsidized financing, the Qualiìied Term sHaH be dictated by tA.e selected fünding soüree. If the selected fliflding Has no qualified term, it sHall be fifty ÌÌye (55) years. In the event tHat no subsidized financing is obtained, the Qualified Term sHall be twenty (20) years from tHe date of tHe comfJletioB of tHe final iBsfJectioB f-or eaCH stm€ffire-. Below is a list of some of tHe poteBtial funding mecH¡misms that the Developer may use for affordable HolisiBg: . Low Income Housing Tax Credits (LIHTC) - statewide competition; . Housing Bonds - State; . Housing Bonds - City; . Redevelopment Low and Moderate-income Housing fund - Redevelopment Agency; . HOME - City and County; . CBDG - City; and . Other Public Financing - State and Federal. This list is not intended to limit the use of other subsidies, incentives, or other financing mechanisms that are now available or may become available in the future. City agrees to the extent it deems reasoBable to lise good faitH ¡md r-easonable best effOJ1s to assist De'/eloper in ¡HlrsuiBg the benefit of eertaiB fiBaBcing ¡md otHer mecHBBism v. HicA. ">' ill reduce the cost of providing affordable housiBg iB EastLake II & III, some of whicH require approvals from, or allocatioBs by, state ageBcies, iBcllidiBg, lmt Bot limited to local. state, and f-ederal subsidies ¡md City boB uses, planning, and design and development techniqlies and standards which reduce the cost of providing aff-ordable A.ousiA;; (cellectively, the "COGt Reducing Mechanisms"). The parties acknowledge that the City is not hereby committing and cannot guarantee the availability of any Cost Reducing Mechanisms to the Developer for EastLake II & III- The City reserves the right to approve or disapprove, in its sole discretion, any developer request for substantial financing. I 6121101 Page 18 of 37:J+ (EastLake n & nD I 1/-&5 . Density Bonus Projects which meet the applicable requirements of State Law (Government Code Section 65915) as a result of the affordable housing units are entitled to a density bonus or other additional incentives in accordance with the provisions of such law. 11.6.4.4 COMPLIANCE REPORTING I All Compliance Reports shall be submitted to the City of Chula Vista Community Development Department and an independent trustee hired by the Developer to monitor the Developer's compliance- The requirements imposed by providers of subsidized financing or other Cost Reducing mechanisms may replace the terms described below if City so approves. Rental Units' Compliance Packet and Audit a. Should a Developer seek approyal by the City to credit a tenant toward its low income housing obligation, the Developer must give the City, at a minimum, a compliance packet including the following: Supplemental Rental Application - ~Exhibit 3 I Semi-Annual Report - ~Exhibit 4-A, 3-B, 3-C Authorization to Release Infonnation by Purchaser Acknowledgment that the Infonnation is for City's Reporting and Administration Use Only Developer shall not be required to perfonn any extraordinary investigation or verification regarding such information other than Developer's usual and customary means of income yerification. Developer shall retain the Supplemental Rental Application and any supporting documents for a period of at least twe-thrce Œ'6) I years after the applicant ceases to occupy a low income housing unit. b. Should a Developer seek approval by the Citv to credit a dwelJing unit towards its moderate incomc housing obligation. the Deycloper must give the City. at a minimum. a report verifying compliance with the terms of this document and/or the subsidized financing program: . Annual Moderate Income Affordable Rental Housing Monitoring Report (Exhibit ). Developer shall retain anv supporting documents for a period of at least three (3) years after the initial occupancy of thc unit to vclify the accuracy of the monitoring report. Developer shall not be required to perfonn any investigation or verification of 6121101 Page 19 of37J+ (E"tLake n & llI) I / / -bb income for purposes of qualifying the household for moderate income eligibility. I k. A household occupying a designated low income unit whose annual income increases I subsequent to occupying said unit (referred to as "over income household") and thus exceeds the 80% of area median income, need not vacate the apartment. However, at the Developer's discretion, this over income household's monthly rent (including utilities) may be increased to the market rate. Regardless of a rent increase, the Developer can no longer credit this over income household toward its 5% low income requirement and is obligated to replace this unit by renting the next comparable unit to a low income household as per the paragraph below. Thus, the Developer shall ensure appropriate language is included in the lease requiring tenant to provide income information biannually and acknowledge that should its income increase, the household may be subject to a higher rent. Adjusted monthly incomes can be calculated using rules according to the HUD Handbook 4350/3 Occupancy Requirements for HUD Subsidized Multifamily Housing. The location of the designated units may change over time (to be referred to as "floating units") as long as the total number of affordable units remains constant and that substituted units are comparable in terms of size, features, and the number of bedrooms, as determined by the Director of the Community Development Department. If the over income household does not vacate the unit, the Developer must assure that when the next comparable apartment becomes vacant, the newly available unit must be rented to a low and/or moderate income household, as a floating unit, to replace the previously designated unit no longer housing a low income household. If the over income household chooses to leave, the vacated unit retains its low income unit designation- If a residential apartment complex is designated as 100% low income, the over income household will not be required to vacate, if it pays the increased rent, and the unit will not be replaced with a "floating unit"- When the over income household vacates the unit, the unit retains its low income unit designation. c. If the city determines that an outside audit is necessary to verify the accuracy of the submitted rent roll, then on a basis no more frequently than once a year, it may require such an audit at the expense of Developer. In such event, within ten (10) days after delivery of the City's written request for such outside audit, Developer shall deliver to the City the names of three (3) certified public accountants doing business in the Metropolitan San Diego area. City will promptly deliver to Developer notice of approval by the City of one or more of said names. The audit shall be completed by an approved certified public accountant, at Developer's sole cost and expense, within sixty (60) days after the delivery to Developer of City's approval. The certified public accountant shall promptly deliver a copy of the written audit to the City. Such audit shall be an audit of Developer's records, including the ipformation supplied to Developer by the low income tenants. 6121101 Page 20 of 37~ (EastLake n & Ill) I 1/-(é'7 The auditor shall not be required to verify the accuracy of the information provided by the low income tenants. . Home Ownership Units' Compliance Packet Should Developer seek approval by the City to credit a home purchase toward its low income housing obligation, the Developer must give the City at a minimum a compliance packet including the following: Copy of Settlement Sheet Homebuyer's QualificatioH Form Exhibit 4 !\uthOlization to Release Information by Purchaser :\elmov,ledgment that the Inf.ormation is for City's Re¡Jortil1g and l'.dmil1istration Use Only Final 1003 Uniform Underwriting Transmittal Summarv Settlement Statement and Good Faith Estimate Verification oflow income buyer completed bv developer under or on behalf of the Citv Developer shall not be required to perfonn any extraordinary investigation or verification regarding such information other than Developer's usual and customary means of income verification. Developer may contact the City's Community Development Housing Division's Housing Coordinator to confinn the City's acceptance of the applicant as credit toward Developer's low income housing unit obligation. Developer may contact the City prior to the sale of the unit for consultation purposes if desired; however, approval will be given in writing only after required documents are reviewed and accepted by the City. Should Developer seek approval by the City to credit a home purchase toward its moderate income housing obligation. the Developer must give the Citv at a minimum a compliance packet including the following: . Homebuyer's Oualifying Form (Exhibit 6). Developer shall retain anv supporting documcnts, such as copies of settlement sheets. the Final 1003 or other appropriate documents. for a period of at least three (3) vears after the initial sale of the unit to verifv the accuracv of the monitoring report. Developer shall not be required to perform anv investigation or verification of income for purposes of qualifvin¡! the household for moderate income eligibilitv. 11.6.4.5. AFFIRMATIVE MARKETING PLAN I Developer shall provide a marketing plan acceptable to the City, in the City's reasonable discretion, for proactively marketing the low and moderate income housing units to low and 6121101 Page 21 of 373-1 (EastLake D & llI) I //-hl moderate income tenants and purchasers, respectively, at the time specified in the Implementation Schedules in Sections AS and B4 above. Developer shall use good faith and reasonable best efforts to market the low and moderate income housing units to low and moderate income tenants and purchasers according to the affirmative marketing plan. See ~Exhibit 7, attached hereto, which sets forth the plan requirements. I The City will in its discretion use good faith and reasonable best efforts to assist Developer in marketing low and moderate income housing units to low and moderate income tenants and purchasers, obtaining the services of a third-party organization in connection with such marketing efforts, processing the applications of prospective tenants and purchasers of low and moderate income housing units, and complying with the reporting requirements as required herein. 11.6.4.6 IMPLEMENTING AGREEMENTS AND CONDITIONS I This AHP may be implemented through various mechanisms including development agreements, tentative map conditions, and specific housing project agreements which may impose additional tenns and conditions consistent herewith. 6121101 Page 22 of37J1 (EastLake n & DI) I II. h1 Low Income Housing Sites SPA Key Map 0 EastLake Vistas Site f.} EastLake Trails Site Ð EastLake Land SWap Site 0 EastLake Greens Site Moderate Income Housing Sites Dispersed without assignment in M, MH, & H Categories ~ EASTLA KE Cinti Land Planning --"'-""9)22>-7- m i1....JI ~ A planned community by The EastLake Co, 6/21/0' , "J;? EXHIBIT 2 I ~~un~~~ ;;;;;;;;;;;;;;;;;;¡;¡¡;¡ w ~~OM~OvW g ~ ~ã~~~~~~~ i ~ N ~~~~~~~ ~ ~~~w~~N~~8~~ ~ ¡g ~¡H8a~;¡¡~*g~~ ~ õ ~~~ ~ ¡:j :¡!w8§oooooo ü gJ ~8 ~.;:~~~~~ ~ 0 :¡ ~;I; ::¡¡¡¡¡¡¡:;;:;; ij¡g¡ ~ :I: "- ' ' -:: w 'WW~~W~MW "'WOVWWO~M "'~~œ:2°~o¡g 0 ~o g!~¡¡¡~~œ¡$ g~ãs3~~~~ g~~3~~~3N 3 ~~~~~~ ~~~~~~~~ õ 0 œ ~ ~ "-~~~~~i~~ ,,-~~2~~8~¡;¡ ~ ,,-~~~~~~~N ~ ~ 8 ~;I;;I;::¡::¡~:;;:;; ~ ~¡¡¡:;;ij¡g¡~~~~ § ~g¡~~2;;;2~~ î « "-~ ,0 ,,-- - ffi§ ß~~~~~¡n;¡H~~ ~~~~~¡:¡~~g¡~R8 ~n~~E~~~¡g~~ j g~ ~~8;;;;;;¡;¡¡;¡¡;¡¡;¡¡;¡g ~~8¡;¡gggiii~ ffi~8gii~~ggg [ ~~ ~~~ -'~~ ~~~ iìg g z.~ :¡!W8°QOOQ8° :¡!WOOO8°8o0 :¡!W8O008>!>!O .. ¡¡ ""«~ ::>~"'~¡,¡::{~-c¡"':¡¡ ::>~:2.~:2."l~"'::{~ ::>~"':<¡:£\~ID_¡'¡¡'¡~ "-" E ~ffi~ ~~~~~~aa~~ ~~~~~~!~~* ~~~~~~~~~* ¡¡ i >:;:" 00 > ""o~ "œ~Mœ~¡¡¡:g~ "WIDIDID~~~~ "IDWOMIDOVW gg.!! ~~ ¡¡ gnm~~~:;;¡;¡ g$~US~35 gã3~~3~~~;~ ~ ,,~~ W œ~Howw - ~o:::~ W o"::::::H E ~",¡ ~ :;!h¡H¡¡¡U* W :;~h¡;¡Ud- ~ :;¡;¡¡:<¡~-~"~_:i\ ~~,¡ ~ ~m~ ~ N ,~ N ~w "-~ N WW~~~~ ~~~ ~ "ffi- 5~~wœ~WIDO8°~ "'~>w~VW~~O~M bW>w-N~N~8œw ~êê > a.§ vg¡!:">\:;;~~:<¡"':£\"l R-"',,>\:2.~>\"l::¡:::1\ ~~~,,>\R.~~~"l~~ ];'1i1i-5 1:is. ¡;;¡¡§www~¡;¡¡;¡¡;¡¡;¡ ~ð§¡;¡¡;¡¡;¡¡;¡¡;¡¡;¡U ~¡¡§¡;¡¡;¡u::¡u~ ~~~ 13 "j ~,,- ,,- ~"-~H ~ ~I :¡!~~~§~§~~¡g :¡!~~~~~§~~§ :¡!~~§~~I§I! II~~ 0 ~ ~8~mòN';~~ò ~8~~~m~mmN ~8m~~~~~ò~ ~~ss ! ~ :¡ZW~¡;¡¡;¡¡;¡¡;¡¡;¡¡;¡ :¡~¡;¡¡;¡¡;¡¡;¡;I;;I;;I;::¡ :¡~¡;¡;I;::¡::¡¡¡¡¡¡¡:;;:;; I~~~ ~ ~ "œ_~ID-~œ~ "WMœv~oœID "IDVMOM~WO 5~UU ë ~ g~a¡;¡ä*!~::¡ g¡¡¡$~*~æ:B.~- g~¡>¡~~:¡¡~:i\~ ;.-n~ 3 õæ .. ~~~~ ~~~~~~~ ~];'.~ : x $U50 : ~ ~ ~~~~~~~î~ W ~!~i5~~i~ ~ :;~~~~~~~~ ~!~~ ~ !i! ~ N ~ N ~ N ~~~~~ n22 ~ « "~>wID~œ~woMœ "~>WN~MID-8œv "W>WIDMN~WONM 35~~ ~ w gg~"ã~~~~.~~ i-"'".~:i\.~",.~ i~"',,~~.~~:2.~. ~.!! ~ ~ >z8 ~~w~~~~ ~~8~¡;¡¡;¡¡;¡¡;¡¡;¡¡;¡¡;¡ ffi~8¡;¡¡;¡¡;¡;I;;I;;I;::¡::¡ ~~õõ ~ 8 ffi~~ -'~~ 8~~ ~§§§ ~ z > ".000 . - :¡!wggooo8gg :¡!W8gggi8og :¡!wgg888888 ~1~~ ~ ~8~~~~~â~~ ~8ri~d~~~~~ ~8~â~~~~ri~ ð~~~ ~ :¡~~~~~w~¡;¡¡;¡ :¡~¡;¡¡;¡¡;¡¡;¡~~;I;;I; :¡~¡;¡;I;;I;::¡::¡::¡¡¡¡¡¡¡ ~~ii ~ § W Zr § W Zr § W Zr ~~~~ ~ i~ li~§~~WI i~ 10~§~~WI i~ li~§~~~I ~;": u 3ro o~¡!:~~~~ß ~ro o~¡!:~~~~ß 3ro Or¡!:~~~~ß ~~~~ Ü 0 0 0 _~NM 1i I I I -NMV ~ Exhibit 2 - Page I of ] I 6/21101 Page 24 of 37 (EastLake n & nl) //-7/ EXHIRIT 2EXHIBIT 3A I SUPPLEMENTAL RENTAL APPLICATION The rental unit for which you are applying has received governmental assistance under programs to encourage more affordable housing. As a result, the unit carries a rent level restriction and is restricted to occupancy by low and moderate income households. The information required on this form is necessary to determine you income eligibility to occupy the unit. You must report all household income. Information provided will be confidential and not subject to public disclosure pursuant to State Government Code Section 6254(h). 1. Rental Unit Address 2. Applicant Name 3. Other Household Members 4- Total Current Annual Household Income from all Sources: TOTAL $ Detail: Household Member Income Source 5. Total Gross Annual Household Income shown on most recent Federal Tax return (attach copies of most recent Federal Tax returns for all household members receiving income. Include other verification of income not appearing on tax forms.) TOTAL $ APPLICANT'S STATEMENT I certify, under penalty of perjury, that the foregoing information is true and correct to the best of my knowledge. I understand that any nllsrepresentation of the information contained herein may be cause for eviction. Signature Date Applicant I Exh;hit 2 - pogo I of ¡ 6/21101 Page 25 of 37 (EastLake 11 & Ill) '1-72. EXHIRIT 2EXHIBIT 3B I OWNER'S STATEMENT Based on the foregoing information, I certify, under penalty of perjury, that the applicant is eligible to occupy this restricted affordable unit. Eligibility is based on finding that the applicant household=s current annual income is $ and does not exceed the current maximum household income of $ allowed under the terms of a Development Agreement with the City of Chula Vista regarding this residential development. Name Title Signature Date Exhibit2-Pa" I of 1 I 6121101 Page 26 of 37 (EastLake n & OJ) /1- 73 EXIIlIHT 3EXHIBIT 4-A I Owner's Certification I am the owner or owner's representative for an affordable housing development in the City of Chula Vista, which is bound by a Housing Agreement with the City. I certify under penalty or perjury that the attached rent roll for affordable units at my project is true and correct to the best of my knowledge and complies with the terms and conditions stipulated in the Affordable Housing Agreement, or any agreement that implements the same, with the City of Chula Vista. Name Title Signature Date ~Exhib;,4-Page I of4 I 6121101 Page 27 of 37 (EastLake ß & ßI) //- 7'-/ ~~ ~ - Z .£ æ~ °0 ""'ã.E II:W:5Eê::. Oen 0 u..;:) 0 iiidlg jlI:~ _Gle: 0 E'- GI 0 E ..J õi u CO '" « c.E~ ~ I- 0 I- ~~gz~ ~o->z 0 e:~ .- CO I- ¡: 5i Co ¡¡ ~ ~ &! en ¡¡~ Co ~ ~ 0 ~ ~ 'OS C) ~ $5 ë¡GI -¿¿-¿¿-¿¿-¿¿ ~ ~ .g:a: 2!=ög II: 0 -p ~GlU 0 0 ~ > æ:æ.E I- .. Z .. II: « Z 2 x 2 . 0 ¡:Q .-ro ro e: >- :a:'¡' I-u..Oo z-I!! ;S:!2.... C) ¡::; ï: s~GI ~ ¡:Q :5 :æ 5: g ~en 53 õ "iiisg g ~~!II5> 5 ~ 0 Õ J: - "'!. ~I1U5~ ~ I~. z I- ~ .... .... .... O..J en m _ë « II) 0 co C ~ ' Co II: ~~ 0 U u.. £" -I!! 0 '" ~ :i ~ ..J . :: :!2 « ~ 0 0 ~ . i ~ ~ ~ ~ ~ ~ ~ ~ & õ É w GI 0 en E :. co '" Z 0 II) ~ 0 ,!:! ~ E ò en E E 0 >- C') E 0 ~ ~ -5 .... ;S~ ~ -ti 'õð5ð5~~ s5i ~ ~ m c?5~~c;';~ ::;¡a:~............ E OJ 0 ~~ men '" ~ ë 0 2 CD '" 0 0 .. Z Co E~~Z":-:'>- - E ro ~ '" '" '" w e: ~ Z « ~ c ~ 'C ;:) W Ü Ü 1ij ,g e. ~ .~.~ëîõ.~ ":ÑM ~ ~ 0 '" (/) CD ~ ~ 0 I- « OC /1-7~ ~ >- >- Q) iâ' 1-....1 C g ¡g ÕZ :::]1z ~ 0 .- a.-" :S~5§è ] ~:;) 0 ~ Ui.¡,g ja:~ -"c 0 E'- .. 0 E -UIII III c >< O-W IQO~ ",CU>,!: '-0-:>- 0 C~ .- III :Ii 0. ~ Ii: III 8> 0 0 D. ::! -C.. #- #- #- #- #- #- #- #- #- #- #- #- #- #- #- #- #- " cry :Ii.!!! E Z '- 2"0 - (]) .."U II: .a a.::¡;.E ~ ~ z ~ z. 0 a :5:2... :E co.. " °ie Z ~g:8 ~ iñ 0 ~~.E ~~I~ 15> 5 I- U> U> U> ¿,'j g:S J: f w '" U ..J -;: 10 0" ~ ö~ . 0 zu ~ II: U (1 0 0 ~ ~ ~ ~ :2 ~ ....I 0 (]) ~ ~ - :;) :: 0 Z " £; Z 0 ~ ~ = ~ - 0 = :E .. :J we' ø III U Z C (1 Ô ~... ~ t ~ ;:~ ~ c 0 a: (1 ::J ::¡; U> :J. - c (1 , E .. 0 -à.!::! (ij -0 10111 ~ ~ 'Ë ~ .0 <f ~ ~ ~ ~ <D .- (; ~ E â) .!:; - :(i '" - ~ (]) w Z '" c ~ ,,9- ...,. ,o"':Noi":lricó"':cò.,;o :=;¡: .!!1.õ '<t"'U>I'-"",,~~~~~~~~~~N -g-ö e U (]) <; IL « }/-7& 0 ~ EXHUUT 3EXHIBIT 4-C I SEMI-ANNUAL REPORT (insert memo from City) ~Exhib;t 4 - Page 4 of 4 I 6/21101 Page 30 of 37 (EastLake n & ßI) /1- 77 - - c; ~ -I en § c:( I- -:> 1-- -g 0 z .~ I-:J ~ - c .... ! æ I~ ~ m 0 D: ~ .. D. -.c w ~ ~ ë ~ ~ ~ 0 . ~ ~~:E ~ ¡¡: t ì3C1 ~ 0 '-' Q) c:(> :=: !:: c3 Õ ~ Z 0'- '" 0 z.. .::: UI ~ ~ ID x 2 UI ~ CI ="'0'" Q)c Z 1-lJ.. 0 D::J - I UI C - ::) 0 0 0 Z 0 ~ ~ II) ~ ~ .;; ~~III~> !¥ ~ ~~1~6~ ~ Q) ë r;¡:¡ u 0 E Q) LL OD: ~ u >- c- w -.c ~ Q) - 0 ~ § ~ â;:E -g w~ -g 0>" .... 1B (¡¡ ~ « u :E O>~ ~ I >- " w '" .!!! UI ~ 0 C '- .c - 0> '" 0" 0 mi: ~ '" ~ ~ ~ "E :J (/ ~ ..J E ~ 0- >-;; « <3 '" = 0 CIS "' ::) -, c:(° '0- Z § 0 LO :;¡ Z "- Z ~ w « w '" ~ 0 (ij :S ~ ~ ~ ~ :!: rn rn rn .Ë ~ .;; .- EEEE .c!i .~ u; .. en 0 0 0 0 :J õ ",g¡§Ó E oeeee-l ~ ~ E 1:; ~ z co ~.- '0 '0 '0 '0 c:( 0 ?< '" "",,'" 1J 'OQ)Q)Q)Q)I- -- z~~§õí-g m .arorororoO ~; ~~'-'.c°~ U),...-C\J(').,¡-I- - v '-"-'rn '" 'C~ '" '" 1:: '" Õ .;;-- CIS :ß eeo(jj(f)'" 0>" ll.o..OI-<CCI: 0 è:. 11-7? Exhibit 5 I ~!~ -11- CHU~ ~ I ANNUAL MODERATE INCOME AFFORDABLE HOUSING MONITORING REPORT Owner's Certification I am the owner or owner's representative for an affordable housinq development in the City of Chula Vista. which is bound by a Housinq Aqreement with the City. I certify under penalty or periufV that the attached rent roll for affordable units at my project is true and correct to the best of my knowledqe and complies with the terms and conditions stipulated in the Affordable Housinq Aqreement. or any aqreement that implements the same. with the City of Chula Vista. Name Title Siqnature Date Deadline for Submittal: 15 days after year end (HINES) CIMs Documents\EASTL~KE\AHP EostJakc III-Rrviscd.docC:'H- DecHm,n""IHnitoAHg'Þ1ÐnilO< Hrt ...nIH8I1s~.èHe [6I2II015:(X) I !'M6'21'OI UOPH)Revised:June2001 1/- 79 EXHIBIT 4EXHIBlT 6 I ~ I f?. --- Œ\'Of CHUIA VISrA HOMEBUYER'S QUALIFYING FORM Current Address: Current Household Income: $ Household Size: I ", NEW t-IOME INFORMATION II Master Plan Community: Name of Residential Development: Tract: Lot No.: Lot Address: No. of Bedrooms: Purchase Price2: Monthly PITI Payment: $ % of Income: % Year of Purchase: Sales Representative: Signature of Homebuyer Date Authorizing Release to City This information is for the City's Reporting and Administrative Use Only. 2 The sales price of any unit being sold in partial satisfaction of Developer's obligation to provide moderate income housing shall not exceed the affordable housing costs for owner occupied housing as defined within the Affordable Housing Program for the master plan community. ~E'h¡hiI6-Page I of! I 6121/01 Page 33 ?Þ8 (EastLake U & UI) 1/- EXHIBIT SEXHIBIT 7 I Citv of Chula Vista Equal Housinl! Opportunitv Requirements For The LowlModerate Income Housinl! Affirmative Marketinl! Plan Every Developer complying with the City of Chula Vista's Housing Element's "Affordable Housing Plan" shall submit to the City an Affirmative Marketing Plan for City Review and Approval which details actions the Developer will take to provide information and otherwise attract eligible persons in the housing market area to the available housing without regard to race, sex, sexual orientation, marital status, family status, color, religion, national origin, ancestry, or handicap, age or any other category which may be defined by law now or in the future. I. The City of Chula Vista Affirmative Marketing Requirements are as follows. Please note, however, the Plan is not limited to these Requirements. (i) Detail methods for infonning the public, buyers and potential tenants about Federal fair housing laws and the City of Chula Vista's affirmative marketing policy; (ii) Publicize to minority persons the availability of housing opportunities through the type of media customarily utilized by the applicant, including minority outlets which are available in the housing market area; (iii) Identify by language and by number any significant number of persons in a community within the housing market area who have limited fluency in the English language: (iv) Where there is a significant number of person in a community within the housing market area who have limited fluency in the English language, the Plan shall: (a) Identify the media most likely to reach such persons. (b) Advertise for the housing development in the native language of such persons, in addition to the English language, and (c) Describe the provisions which the housing sponsor will make for handling inquiries by and negotiations with such persons for the rental or sale of units in the development. (v) Detail procedures to be used by the Developer and/or property manager to inform and solicit applications from persons in the housing market area who are not likely to apply for the housing without special outreach (e.g., use of community organizations, places of worship, employment centers, fair housing groups, or housing counseling agencies). I ~ExhihiI7-Page 1 of2 ~E.,hibit 7 -P'ge I of2 I 6121101 Page 34 of 37 (EastLake n & OJ) 1/ -EN II. Records must be kept describing actions taken by the Developer and/or property managers to affirmatiyely market units and records to assess the results of these actions: (i) The records shall include a copy or transcript ofthe advertisement copy, the identity of the media in which it was disseminated, and the date(s) of each appearance. The housing sponsor shall also keep a record of the dates and places of any meetings or communications between the housing sponsor and any individual or group referred to the housing sponsor by the agency or organizations representing any of the groups within the community acting on behalf of any classification of minority persons described above. Such records shall be retained for a period of five years; (ii) A description of how the Developer and/or property managers will annually assess the success of affirmative marketing actions and what corrective actions will be taken where affirmative marketing requirements are not met; and (iii) The Developer/property manager shall furnish all information and reports required hereunder and will permit access to its books, records and accounts by the City of Chula Vista, BUD or its agent, or other authorized Federal and State officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. ill. The City of Chula Vista may from time to time review the Plan and the Developer's and property manager's activities pursuant to the Plan and may require amendments to the Plan if it does not fully comply with the requirements of this section. IV. An affirmative marketing program shall be in effect for the duration ofthe Qualified Term defined in the Affordable Housing Agreement. V. If a source of funding used in a low/moderate income housing development, such as federal or state funds, has affirmative marketing requirements more restrictive than the City of Chula Vista's affirmative marketing requirements, then the more restrictive applies. ~Exhibit 7 - Page I of2 I 6/21101 Page 35 of 37 (EastLake D & DI) J/-g2- Attachment 4 Community Purpose Facilities Master Plan /f-~3 1.11.3 Commnnity Purpose Facilities Purpose and Intent Chapter 19.48. P-C - Planned Community Zone, requires that all land in the PC zone provide a minimum of 1.39 acres of land per 1,000 persons for community purpose facilities (CPF), such as: a) Boy Scouts, Girl Scouts, and similar organizations; b) social and human service activities, such as Alcoholics Anonymous; c) services for the homeless; d) services for military personnel during the holidays; e) senior care and recreation; f) Worship, spiritual growth and development, and teaching of traditional family values; g) day can! faciliti@s that are ancillary to any oftß8 above; g) non-profit or for profit dav care .!àcilities 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; h) private schools that are ancillary to any ofthe above; and i) little l@agB8 ball fi81ds for non profit organizations serving the local commBnity.i} interim uses, subject to the findings outlined in 19.48.025(E): and j) recreational tàcilities, such as ball fields for non-profit organizations serving the local communi tv. subject to the requirements outlined in 19.48.040(B)(6)(d). However, where recreational ball fields are desired as a conditional use in Community Purpose Facilities land use districts, a "CPF Master Plan", sho'ving tß8 sp@cific boundari8s oftB@ master plan and existing and proposed distribution ofCPF uses 'vithin a GDP, or designated CPF master plan boundaries is r@quired.showing the specific boundaries of the master plan and existing and proposed distribution ofCPF uses within a SPA, GDP or overall Planned Communitv shall be considered and approved by the Dhector of Planning and incorporated as part of the Planned Community's General Development Planes). In addition, recreational ball fields shall not utilize more than 25% ofth@ overall CPF acreage r@qBir@d,recreational ball tields shall not utilize more than 35% of the overall I SPA, GDP or Planned Community CPF acreage required. and no park credit may be granted for community purpose ball fields. The total acreage required may be reduced by the City Council in certain circumstances such as when shared parking facilities are available with other facilities- Proposed CPF Master Plan The CPF Master Plan boundaries encompass EastLake Greens (including the "Land Swap" Parcels), EastLake Trails, EastLake Business Center II, EastLak@ Vistas and EastLake "'oods (s@@ Exhibit ). EastLake Vistas and EastLakc Woods (see Exhibit 5b). I Four sites are distributed throughout the remaining SPAs insuring that each future CPF site will serve a different neighborhood. In addition, the sites are located along major road to enhance accessibly to the facility by community residents. -1- /I-ft Based upon the anticipated development statistics for the CPF Master Plan area, the overall combined CPF acreage required and proposed is as follows: Table D Required Community Purpose Facility Acres for EastLake EastLake 11* EastLake EastLake III Total Greens 11* (adopted SPA** Trails SPA GDP) I (GDP) Dwelling Units 3443 1143 -I--+é+ 2061 ~ 6647 I CPF ac/du 0.004003 0.004003 0.004003 Total CPF acres 13.8 4.6 1-.+8.3 ~ 26.7 I required Total CPF acres ~ 4.6 ~ --.-llJ. I provided * EastLake I (North of Otay Lakes Road) is excluded ftom this table. ** Includes proposed Land Swap amendment. Proposed CPF Sites Th@ CPF mart@r Plan provid@ a total of25.5 acr@s in f{)1II' different sites. 4.é acres, or IS%' ofth@ total acr@ag@ required is pro"id@d in the Trails (sit@ No.2) for little league ball fields. Exhibit ~ The CPF maSler Plan provides a total of 31.1 acres in four ditIerent sites. Exhibit 5b, identifies I the proposed CPF sites which are described in more detail below. Site I: (Existing) Located in EastLake Greens, a portion of this 15.S acr@ sit@has Ð@@nconv@y@d I to a religious institution f{)f use as a plac@ of worship. Th@ r@maining portion ofth@ sit@ is currently availabl@ for acquisition and us@ for community purpos@ faciJiti@s. This remaining portion of Sit@ 1 is propos@d to conditionally permit any ofth@ following land us@s.a portion of this 15.8 acre site (12.2 acres) has been conveved to a religious institution fOf use as a place of worship. The remaining portion of the site (3.6 acres) is current Iv available for acquisition and use for communi tv purpose facilities and is tì.¡rther described belovv. Site 1: (Future) This CPF sit@ is within th@ Trails n@ighberhood and is propos@d to conditionally I pennit littl@ league ball fi@lds fur non profit organizations s@rving the local community. The development ofth@ sit@ would be SHbj@ct to the requirem@nts outlined in the EastLak@ II Planned Community District R@gulations and S@ction 19.48.010(B)(6)(d) eftl1e Chula Vista Hunicipal -2- J 1- &'5 GoOO-.located in EastLake Greens on the east side of EastLake Parkwav. south of the SDG&E I power easement. This site is currently available for acquisition and use for community purpose faciJities (3.6 acres). Site 2: is located in the Vistas neighborhood of EastLake III GDP ami consists of7.1 acres.This CPF site is located within the Trails neighborhood and is proposed to conditionally permit little league ball fields for non-profit organizations serving the local community. The deyelopment of the site (4.6 acres) would be subject to the requirements outlined in the EastLake II Planned Community District Regulations and Section 19.48.040(B)(6)(d) of the Chula Vista Municipal Code. Site 3: This site is located in the Vistas neighborhood of Eastlake III GDP and consists of 10.8 acres. The future Vistas SPA Plan will refine the exact location and acreage of this site The sites identified on this Master Plan are, or will be, designated in the Plarmed Community District Regulations as "CPF" to insure their continued availability pursuant to city requirements. With the exception ofCPF site No. 2,With the exception ofCPF site Nos. 2 and 3. which will I include Jittle league ball fields as a conditional use permit, the above mentioned CPF sites could accommodate by conditional use permit the following land uses: . Boy Scouts, Girl Scouts, and other similar organizations; . Senior care and recreation; . Worship, spiritual growth and development, and teaching of traditional family values; . Day care facilities that are ancillary to any of the aboye;For profit and non-profit day care I facilities that are ancillary to any of the above: . Private schools that are ancillary to any of the above; . Interim uses, subject to the findings outlined in Section 19.48.025(E) of the Chula Vista Municipal Code. . Recreational ball fields not to exceed 35% of the overaH cpr acreage requirement for the I cpr Master Plan. -3- / i-it PROPOSED Master Plan of Community Purpose Facilities CPF Locations 0 ~~~:;;~/ke Greens 0 ~~~~ke Greens e EastLake Trails Ð EastLake Vistas E-Lakell huLake II E_Lake III Tolal Groono SPA Tran. SPA GDP Dwollina Un;'. 3-443 1143 2061 6647 CPF Acres Re ulred 13-B 4,6 B.3 26.7 CPF Acres Provided 15.B 4.6 10-8 31_1 ~ ,..~.,"-, EaslLake 1 EasUake Trails (not included) EaslLake tit - Vistas EasUake Greens ~ E"ASTLAKE III Ci,,'¡ land Planning --~...-,- m r1.....ri ~ A planno. community by The EaslLake Compâny 4-4-01 (04/20/01) GENERAL DEVELOPMENT PLAN 1.1.11-5 /1-17 ADO PTED Master Plan of Community Purpose Facilities I Eutlake 11* I=~:I Total* I G-...- I Trails Dwelling Units 3«3 1143 1767 6353 CPF ac/du 0-004003 0.004003 0.004003 Total CPF ac. Req'd. 13,8 4.11 7,1 25.4 . E8dUo '("""" '" Cloy la... Rd.)"""""'"" IN. -- -'-""land -..... ~-_. &811.81081 ':,., Eaatlak8 Trails (not Inclu_. . -,' Eaatlak8 III Eaatlak8 0- ~ EASTLAKE ~fRllm --~~ A Planned Community by E..tlake Development Co. ~8-"" Exhibit 5b Chapler I - Section 1.1 I ] 1-1]-99 XI-5 General Developmenl Plan / /-;?e Attachment 5 EastLake III GDP/ SPA Binder / 1-f1 Attachement 6 Disclosure Statement / /-10 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. TlZ ~+-LAt< Û>. ~- !-Vell (~Co, 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',G.~wwU..- 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 $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve months? Yes - No ---- If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. 'ß~\l O:.-h~M -1$lAP GtLrty (D~ Ac:i'<v () rdtrz..'( C,'" ri ~"\\ Mä-¡\'b,'n 6. Have you and/or your officers or agents. in the aggregate, contributed ~an $1,000 to a Councilmember in the current or preceding election period? Yes - No - If yes. state which Councilmember(s): Date: 5- øq - 0 I -I , Person is defined as: .'Any individual, firm. co-partnership, joint venture, association. social club. freoternol organization. corporation, estate. trust, receiver. syndicate. this and any other county. CIty and country, city municipality, district, or other political subdivision or any other group or combination acting as a unit." II -1/ ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICT MAP FOR 748 ACRES COMMONLY KNOWN AS THE EASTLAKE III SECTIONAL PLANNING AREA (SPA) PLAN, LOCATED EAST OF THE EASTLAKE BUSINESS CENTER AND SALT CREEK OPEN SPACE CORRIDOR, BETWEEN THE FUTURE ALIGNMENT OF PROCTOR V ALLEY ROAD AND OLYMPIC PARKWAY. I. RECITALS A. Project Site WHEREAS, the area of land, which is the subject of this Ordinance is diagrammatically represented in Exhibit "A", and incorporated herein by this reference, a copy of which is on file in the office of the City Clerk, and for the purpose of general description herein consist of 748 acres commonly known as the EastLake III Sectional Plarming Area (SPA) plan, and located east of the EastLake Business Center and Salt Creek open space corridor, between the future alignment of Proctor Valley Road and Olympic Parkway ("Project Site"); and, B. Project; Application for Discretionary Approval WHEREAS, on January 13, 2000, The Eastlake Company (Owner) filed applications with the Plarming and Building Department of the City ofChula Vista requesting amendments to the City of Chula Vista General Plan, Eastlake II and III General Development Plans (GDP) and Eastlake Greens and Trails Sectional Plarming Area (SPA) Plans. The applications also request approval of a new Sectional Plarming Area (SPA) plan and associated regulatory documents, including: 1) Plarmed Community District Regulations; 2) Design Guidelines; 3) Public Facilities Financing Plan; and 4) Comprehensive Affordable Housing Program for 748 acres known as the Eastlake III SPA ("Project"); and, C. Prior Discretionary Approvals WHEREAS, prior discretionary action of the development of the EastLake III portion of the Project Site has been the subject matter of: 1) a prior General Plan amendment resulting in the current land use designations on the Chula Vista General Plan in conjunction with EastLake III and previously approved by City Council Resolution No. 15412 on December 5, 1989; 2) a prior General Development Plan resulting in the current land use designations shown on EastLake III General Development Plan, previously approved by City Council Resolution No 15413 adopted on December 5, 1989; 3) The Olympic Training Center Sectional Planning Area (SPA) Plan and Public Facilities Financing Plan approved by City Council Resolution 15599 on May 1, 1990 and amended by City Council Resolution 17326 on December 7,1993; and, /¡j'i2 D. Planning Commission Record on Applications WHEREAS, the Planning Commission held an advertised public hearing on said Project on June 27, 2001, and voted to recommend that the City Council approve the Planned Community District Regulations text and Land Use Districts Map for EastLake III in accordance with the findings listed below. The proceedings and all evidence introduced before the Planning Commission at their public hearing on this Project held on June 27, 2001, and the minutes and resolutions resulting thereITom, are hereby incorporated into the record of this proceeding. E. City Council Record on Applications WHEREAS, a duly called and noticed public hearing was held before the City Council of the City ofChula Vista on July 10, 2001 on the Discretionary Approval Application, and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and, F. Discretionary Approvals Resolution and Ordinance WHEREAS, at the same City Council meeting at which this Ordinance was introduced for first reading on July 10,2001, the City Council of the City ofChula Vista approved Resolution No. _by which it imposed amendments on the Land Use Diagram and Circulation Element of the General Plan; EastLake III General Development Plan and adopted a new Sectional Planning Area (SPA) plan, and associated regulatory documents, including: Design Guidelines, Public Facilities Financing Plan, and Comprehensive Affordable Housing Program for EastIake III. II NOW, THEREFORE, the City Council of the City Chula Vista does hereby find, determine and ordain as follows: A. CERTIFICATION OF COMPLIANCE WITH CEQA - PREVIOUS FSEIR-OI-Ol AND AMENDMENT REVIEWED AND CONSIDERED FINDINGS; APPROVALS The City Council of the City of Chula Vista has previously reviewed, analyzed, considered, approved and certified FSEIR-OI-Ol and Addendum by Resolution No. ~, and therefore no further action is necessary; and, B. FINDINGS FOR APPROVAL OF P-C PLANNED COMMUNITY ZONE The City Council hereby finds that the proposed Planned Community District Regulations Land Use Districts Map are consistent with the City of Chula Vista General Plan, and public necessity, convenience, the general welfare and good zoning practice support the amendments. C. APPROVAL OF PLANNED COMMUNITY ZONE //-"13 The City Council does hereby approve the Planned Community District Regulation and Land Use District Map as represented in Exhibit B. III!. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day fi-om and after its adoption. Presented by Approved as to form by Ú-~~ Robert A. Leiter John Kaheny Director of Planning City Attorney H:\AttomeyIPCM-01-26 ccord.eastlake l1lpcdistrictregs2.doc 11- éf4 ---~-_. RESOLUTION RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL APPROVING AMENDMENTS TO THE CHULA VISTA GENERAL PLAN, EASTLAKE II AND III GENERAL DEVELOPMENT PLANS, EASTLAKE GREENS AND TRAILS SECTIONAL PLANNING AREA (SPA) PLANS. ALSO, ADOPTING A NEW SECTIONAL PLANNING AREA (SPA) PLAN AND ASSOCIATED REGULATORY DOCUMENTS FOR 748 ACRES KNOWN AS EASTLAKE III AND LOCATED EAST OF THE EASTLAKE BUSINESS CENTER AND SALT CREEK OPEN SPACE CORRIDOR, BETWEEN THE FUTURE ALIGNMENT OF PROCTOR V ALLEY ROAD AND THE SOUTHERN END OF WUESTE ROAD. I RECITALS A Project Site WHEREAS, the areas of land which are the subject of this Resolution are diagrammatically represented in Exhibit A and hereto incorporated herein by this Resolution, and commonly known as Eastlake III, EastLake Trails and portion of the EastLake Greens known as the southern "Land Swap" parcel, and for the purpose of general description herein consist of: a) 1030 acres east of the EastLake Business Center and Salt Creek open space corridor between the future aligmnent of Proctor Valley Road and the southern end of Wueste Road (EastLake III); b) 322 acres east of Hunte Parkway between Otay Lakes Road and Olympic Parkway (EastLake Trails); and c) 108 acres north of Olympic Parkway, east and west of EastLake Parkway (Southern "Land Swap" parcel ("Project Site"); and, B. Project; Application for Discretionary Approvals WHEREAS, on January 13, 2000, The Eastlake Company (Owner) filed applications with the Planning and Building Department of the City of Chula Vista requesting amendments to the City ofChula Vista General Plan, Eastlake II and III General Development Plans (GDP) and Eastlake Greens and Trails Sectional Planning Area (SPA) Plans. The applications also request approval of a new Sectional Planning Area (SPA) plan and associated regulatory documents, including: 1) Planned Community District Regulations; 2) Design Guidelines; 3) Public Facilities Financing Plan; and 4) Comprehensive Affordable Housing Program for 748 acres known as the Eastlake III SPA ("Project"); and, WHEREAS, the amendments to the EastLake Greens and EastLake Trails Sectional Planning Area (SPA) plans and associated regulatory documents consist of modifying the adopted EastLake Comprehensive Affordable Housing Program to relocate a designated affordable housing site, presently located at the northwest corner of Otay lakes Road and 1 I ,~- I,' I. Hunte Parkway within the Woods neighborhood, to a multifamily site on the noprth side of Club House Drive in EastLake Trails. Also, change the Affordable Housing Program statistics and number of affordable units required for the project to reflect the additional dwelling units in the EastLake III GDP and SPA (see Exhibits B); and, WHEREAS, the amendments to the Eastlake II General Development Plan, EastLake Greens and EastLake Trails Sectional Plarming Area (SPA) plans and associated regulatory documents also include an amendment to the EastLake Community Purpose Facilities Master Plan to increase the allowed CPF acreage that may be utilized for ball fields from 25 to 35 percent of the total CPF acreage required for the CPF Master Plan area. Also, the inclusion of for-profit and non-profit day-care facilities as a conditional use in the CPF land use district as represented in Exhibit C; and, WHEREAS, the amendments to the Eastlake III General Development Plan in the Woods (northern 410 acres) consist of: 1) relocating the westerly 88 acres, designated Research and Limited Manufacturing, to EastLake II GDP and EastLake I SPA, and as a result, reduce the GDP overall acreage from 1030 to 942; 2) re-arrange the elementary and middle school sites; 3) remove the Park land use designation; 4) establish a new Public Quasi-public land use designation for a future fire station; and 5) change the internal circulation from a loop road to a north-south spine road as illustrated in Exhibit D; and, WHEREAS, The General Development Plan amendments for the Vistas ( 210 acres south of Otay Lakes Road) consists of: 1) changing the western half of this neighborhood from Low Density Residential to Low Medium; 2) re-arrange the Medium and Medium High density residential and establish a 12-acre retail commercial land use designation north of Olympic Parkway; 3) change the southern half of the Open Space land use designation along the eastern edge of the Vistas Neighborhood to Park; 4) change the internal loop-road to a single north south spine road; 5) remove the Medium High Density Residential, Professional and Administrative Commercial and Retail Commercial floating land use designations, and establish a new Public Quasi-public and High Density Residential land use districts; 6) remove the Visitor Commercial and Open Space floating land use designation and establish a Tourist Commercial land use designation on that site; and, WHEREAS, as a result of the General Development Plan amendments described above, increase the number of permitted units ftom 1767 to 2061 (+294), and the overall density from 3.9 to 4.4 dwelling units per acre; and, WHEREAS, the requested amendments to the General Plan Land Use Diagram are primarily to reflect the proposed General Development Plan amendments for the Woods and Vistas, as described above, and change the land use designation of an elongated shaped parcel, south of the Olympic Training Center from Park and Recreation to Public Quasi-public as represented in Exhibit E; and, 2 II~qh WHEREAS, the changes to the Circulation Element of the General Plan consist of changing the Roadway classification of: 1) Olympic Parkway between SR-125 and Eastlake Parkway ftom 6-lane to 8-lane Prime Arterial; 2) Otay Lakes Road between SR-125 to Eastlake Parkway ¡¡-om 6-lane to 7-lane Prime Arterial; and Vistas internal roadway ¡¡-om Olympic Parkway to Otay Lakes Road from Class I and II collector to Class III collector, as illustrated in Exhibit F; and, C Prior Discretionary Approvals WHEREAS, prior discretionary action for the development of the southem "Land Swap" Parcels portion of the EastLake Greens has been the subject matter of a prior General Plan amendment resulting in the current land use designations on the Chula Vista General Plan in conjunction with the Otay Ranch General Development plan, and previously approved by City Council Resolution No. 17309; and, the development of the Trails portion of the Project Site has been the subject matter of 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) East1ake Trails Air Quality Improvement Plan (AQIP); 4) Eastlake Trails Water Conservation Plan (WCP); 5) Eastlake Trails Plarmed 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, WHEREAS, prior discretionary action of the development of the EastLake III portion of the Project has been the subject matter of: 1) a prior General Plan amendment resulting in the current land use designations on the Chula Vista General Plan in conjunction with EastLake III, and previously approved by City Council Resolution No. 15412 on December 5, 1989; 2) a prior General Development Plan, resulting in the current land use designations shown on EastLake III General Development Plan, previously approved by City Council Resolution No 15413 adopted on December 5, 1989; 3) The Olympic Training Center Sectional Plarming Area (SPA) Plan and Public Facilities Financing Plan approved by City Council Resolution 15599 on May 1, 1990 and amended by City Council Resolution 17326 on December 7,1993; and, D. Plarming Commission Record of Application WHEREAS, the Plarming Commission held an advertised public hearing on the Project on June 27, 2001, and voted 7-0 to forward a recommendation to the City Council on a proposal to amend the City General Plan, Eastlake II and III General Development Plan, Eastlake Greens and Trails Sectional Plarming Area (SPA) plans, and adopt a new 3 I' /'.7 r /--/ SPA for 748 acres to be known as EastLake III SPA; and, WHEREAS, The proceedings and all evidence introduce before the Planning Commission at the public hearing on this project held on June 27, 2001 and the minutes and resolution resulting there ITom, are hereby incorporated into the record of this proceedings; and, E. City Council Record of Application WHEREAS, the City Clerk set the time and place for the hearing on the Project applications and notices of said hearings, together with its purposes given by its publication in a newspaper of general circulation in the city, and its mailing to property owners within 500 ft. of the exterior boundaries of the Project Sites at least ten days prior to the hearing. F. City Council Hearing WHEREAS, a duly called and noticed public hearing was held before the City Council on July 10,2000 on this Project. NOW THEREFORE BE IT RESOLVED that the City Council hereby find, determine and resolve as follows: II. PREVIOUS FSEIR-OI-0l AND AMENDMENT REVIEWED AND CONSIDERED FINDINGS; APPROVALS The City Council of the City ofChula Vista has previously reviewed, analyzed, considered, approved and certified FSEIR-OI-Ol and Addendum by Resolution No.~. III. APPROVAL OF GENERAL PLAN AMENDMENT The City Council approves amendments to the Chula Vista General Plan Land Use Diagram and Circulation Element as diagrammatically represented in Exhibit B-1 and B-2, to remove various floating land use designations, re-arranging the adopted residential and commercial land use districts, and establishing new land use designations at various locations as diagrammatically represented in Exhibit B-1, and to change the roadway classification of: 1) Olympic Parkway between SR-125 and Eastlake Parkway from 6-lane to 8-lane Prime Arterial; 2) Otay Lakes Road between SR-125 to Eastlake Parkway ITom 6-lane to 7-lane Prime Arterial; and Vistas internal roadway ITom Olympic Parkway to Otay Lakes Road ITom Class I and II collector to Class III collector. IV GENERAL PLAN INTERNAL CONSISTENCY The City Council hereby finds and determines that the General Plan is internally consistent 4 11-(11 and shall remain internally consistent following amendments thereofby this Resolution. V. GENERAL DEVELOPMENT PLAN FINDINGS/ APPROVAL A. THE PROPOSED DEVELOPMENT AS DESCRIBED BY THE GENERAL DEVELOPMENT PLAN IS IN CONFORMITY WITH THE PROVISIONS OF THE CHULA VISTA GENERAL PLAN, AS AMENDED. EastLake II The amendments to the EastLake II General Development Plan are primarily to incorporate amendments to the new Community Purpose Facilities Master Plan that are being proposed as part of EastLake III project. The proposed changes are in substantial conformance with the General Plan, as amended. EastLake III The proposed GDP fully implements the concept envision in the General Plan by providing the necessary standards and guidelines for the preparation of implementing plans and regulatory documents for the Woods and Vistas. An amendment to the adopted General Plan Diagram and Circulation Element of the General Plan is being processed concurrently, and is required to establish GDP consistency with the General Plan. The land use designations included in the EastLake III GDP are those proposed as amendment to the General Plan Diagram. With the adoption of the proposed amendments to the Land Use Diagram and Circulation Element of the General Plan, the EastLake III General Development Plan will be in substantial conformance with the amended General Plan. B. A PLANNED COMMUNITY DEVELOPMENT CAN BE INITIATED BY ESTABLISHMENT OF SPECIFIC USES OR SECTIONAL PLANNING AREA PLANS WITHIN TWO YEARS OF THE ESTABLISHMENT OF THE PLANNED COMMUNITY ZONE. EastLake II The Eastlake II GDP contains four adopted SPAs and is near completion. EastLake III A new Sectional Plarming Area (SPA) plan is included in the proposed project for the EastLake III residential neighborhoods. However, the 45 acres south of the Olympic Training Center are not included in the EastLake III SPA. Thus, a separate SPA would be require for the development of this property. C. IN THE CASE OF PROPOSED RESIDENTIAL DEVELOPMENT, THAT SUCH 5 1/~(t7 DEVELOPMENT WILL CONSTITUTE A RESIDENTIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND THAT IT WILL BE IN HARMONY WITH OR PROVIDE COMPATIBLE VARIETY TO THE CHARACTER OF THE SURROUNDING AREA AND THAT THE SITES PROPOSED FOR PUBLIC FACILITIES SUCH AS SCHOOLS, PLAYGROUNDS AND PARKS, ARE ADEQUATE TO SERVE THE ANTICIPATED POPULATION AND APPEAR ACCEPTABLE TO THE PUBLIC AUTHORITIES HAVING JURISDICTION THEREOF. EastLake II The proposed amendments do not involve new residential development. EastLake III The General Development Plan amendment proposes a residential community, with residential densities ranging from Low (0-3 dulac) to High Density Residential (18-27 dulac), designed in a manner that concentrates the low density housing adjacent to the open space greenbelt of the Upper and Lower Otay Reservoirs, the higher density multi- family residential units toward the southern end of the Vistas neighborhood and the moderate density housing towards the western edge of the project. Overall, the residential densities reflected on the amended GDP are compatible with the pattern and character of development approved within the original GDP (EastLake III) with the exception that the Research and Limited Industrial and the Neighborhood Park land use designations, which are being deleted. The overall average density is similar to the adopted GDP. The proposed densities and commercial uses can be adequately served by the public facilities incorporated herein in the respective Public Facilities Financing Plan and therefore will constitute a residential and commercial environment of sustained durability and stability; Further, the proposed development will be in harmony with or provide compatible variety to the character of the surrounding area, and that the sites proposed for public facilities, such as schools, playgrounds and parks, are adequate to serve the anticipated population and acceptable to the public authorities having jurisdiction thereof. D. ADOPTION OF AMENDED GENERAL DEVELOPMENT PLAN In light of the findings above, the amended EastLake II and III General Development Plans are hereby approved and adopted in the form presented as Attachment A and B and referenced on file in the City Clerk's Office. VI. SPA FINDINGS/ APPROVAL A. THE SECTIONAL PLANNING AREA (SPA) PLANS (AS AMENDED) ARE IN 6 //- /{)1 CONFORMITY WITH THE EASTLAKE II GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN. Eastlake Greens and Trails The proposed amendment to the Comprehensive Affordable Housing Program will not affect the land use distributions outlined in the Eastlake II General Development Plan nor the Chula Vista General Plan. The primary change in the Affordable Housing Program will be to relocate the potential affordable housing site in the Woods neighborhoods to a new location in the northern portion of the Trails neighborhood. The new affordable housing site is currently zoned for multifamily residential, suitable for apartments or condominium development. EastLake III The new EastLake III Sectional Planning Area Plan reflect land use, circulation systems, and public facilities that are consistent with the EastLake III General Development Plan and the Chula Vista General Plan, as amended. B. THE SECTIONAL PLANNING AREA PLANS WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS. Eastlake Greens and Trails The amendments to the Greens and Trails SPA plans are consistent with the development phasing prescribed in the EastLake Greens and Trails Public Facilities Finance Plans, and therefore will not affect the orderly development of the SPAs. Eastlake III The EastLake III Sectional Planning Area Plan are consistent with the EastLake III Public Facilities Financing Plan, and will, therefore, promote the orderly sequentialized development of the involved Sectional Planning Area (SPA) Plan areas. C. THE EASTLAKE SECTIONAL PLANNING AREA (SPA) PLANS, AS AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. Eastlake Greens and Trails Since the new affordable housing site is proposed within a site previously zoned for multifamily residential development, the proposed change in location from the Woods Neighborhood to the Trails neighborhood will not affect adjacent land use, residential enjoyment, circulation or enviromnental quality. 7 1;- /0/ EastLake III The land uses within the EastLake III SPA plan continue the development pattern of earlier phases of EastLake and therefore design to complement the existing development represent the same uses approved by the EastLake III General Development Plan, as amended, and will not adversely affect adjacent land use, residential enjoyment, circulation, or environmental quality. D. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND OVERALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND, THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE. EastLake Greens and Trails The amendments do not involve areas planned for industrial or research uses. EastLake III The new SPA does not involve areas planned for industrial or research uses. E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION AND OVER-ALL PLANNING TO THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT. EastLake Greens and Trails The Eastlake Greens and Trails SPA amendments do not involve these Institutional, Recreational or similar uses. EastLake III The proposed community park in the Woods neighborhood is being deleted in exchange for an expansion of a nearby community park in the Rolling Hills Ranch Development. This larger facility will be available to the residents within the Woods Neighborhood. Park facilities will also be provided for within the Vistas Neighborhood, south of Otay Lakes Road. Other facilities necessary to support the proposed residential and commercial development will be constructed in accordance with the Public Facilities Financing Plan. F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. 8 /1- /DZ Eastlake Greens and Trails While it is anticipated there will be negligible impact on proposed streets and thoroughfares, an environmental assessment will be required prior to approval of any development project within the proposed affordable housing site in the Trails and any mitigation measures must be complied with. EastLake III Road improvements will be constructed per the timing requirements outlined in the Public Facilities Financing Plan. G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION (S) PROPOSED AND WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH PROPOSED LOCATION (S). EastLake Greens and Trails The Eastlake Greens and Trails SPA amendment does not involve Commercial uses Eastlake III Commercial development for EastLake III has been previously analyzed for the existing General Development Plan. The location of proposed commercial development areas is still within the same general vicinity as shown on the existing General Development Plan. These commercial uses reflect the Chula Vista General Plan and will provide needed commercial services to future residents in the area as well as visitors to the nearby Olympic Training Center. H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. Eastlake Greens and Trails The new affordable housing site previously designated for multifamily use and therefore will not change the character of the neighborhood and surrounding developments. EastLake III The New SPA plan is consistent with the approved plans and regulations applicable to surrounding areas and therefore, said development can be planned and zoned in coordination and substantial compatibility with said development. The proposed SPA is consistent with the General Development Plan and Chula Vista General Plan, amended. 9 / 1- j()3 I. In light of the findings above, the City Council does hereby approve the EastLake Greens and EastLake Trails Spa amendments and the new Eastlake III Sectional Planning Area (SPA) plan subject to the conditions set forth below: VII, SPA CONDITIONS OF APPROVAL 1. Implement, and remain in compliance with, to the satisfaction of the Director of Planning and Building, all environmental impact mitigation measures identified in SFEIR-OI-Ol, the Candidate CEQA Findings and Mitigation Monitoring and Reporting Program for this project known as Document No. -' a copy of which is on file in the Office of the City Clerk 2. Prior to any activity that may potentially impact biological resources, such as clearing and grubbing, the applicant shall comply with all applicable requirements prescribed in the EastLake III Woods and Vistas Replanning Program Subsequent Environmental Impact Report SEIR-OI-Ol and Mitigation Monitoring and Reporting Program. 3. Approval of the Eastlake III SPA does not constitute approval of the final lot configuration and street designs shown within the SPA plan. Modifications may be made by staff, the Planning Commission or City Council during the tentative subdivision map process. 4. Install all public facilities in accordance with the EastLake III Public Facilities Finance Plan, or as required to meet the Growth Management Threshold standards adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. 5 Prior to, or concurrent with approval of the initial final map, enter into an agreement with the City of Chula Vista guaranteeing the provision of affordable housing units in accordance with the amended EastLake Comprehensive Affordable Housing Program. 6. Prior to approval of the first final map, revise the Eastlake III GDP, EastLake III SPA, EastLake III Planned Community District Regulations, EastLake III Design Guidelines, EastLake Community Purpose Facility Master Plan, EastLake Comprehensive Affordable Housing Program and EastLake III Public Facilities Finance Plan documents, as modified by the City Council, and as deemed appropriate by City staff to delete strike underline text, references to previous documents, inconsistencies and other clean-up items before final printing. 7. Prior to approval of the initial final map, submit to the Planning and Building Department 20 copies of the adopted GDP, SPA, FSEIR, CEQA Findings, and 10 /1- //)'-/ Mitigation Monitoring Program in plastic 3-ring binders. Specific document format, table of contents binder size, cover and titles shall be as determine by the Director of Planning and Building Department. 8. Include the maintenance responsibility of the City's Greenbelt system in the Project's HOA. 9. Prior to the approval of the first final map, submit and obtain approval by the Director of Planning and Building of a sales disclosure documents for the Woods West, identifying the allowable uses in the westerly adjacent Eastlake Business Center. 10. Prior to approval of the initial final map, prepare, submit and obtain approval by the Director of Planning and Building of a home owner's manual for neighborhood WR-l, outlining development parameters and design criteria for accessory structures encroaching into the privately owned slope banks along the eastern edge of the Woods neighborhood. The Owner's manual shall address the following items: 1) permitted encroachment into slope banks; 2) minimum separation between easterly adjacent greenbelt trail; 3) permitted re-grading of slopes; 4) thematic fencing along the greenbelt trail edge and within the sloped areas; 5), height, design and treatment of all accessory structures, including decks, retaining walls, landscape design and any other development standard as determined by the Director of Planning and Building. 11. Applicant acknowledges that the City is in the process of conducting an Air Quality Improvement Plan (AQIP) Pilot Study to evaluate various transportation and energy efficient land use planning and building construction measures for new development, and that the Project area is part of that Study. The Applicant further acknowledges that the AQIP Pilot Study will include cost effectiveness and feasibility analyses of the various measures under consideration, and will result in a Draft AQIP for the Project recommending which measures should be included in the Project at the present time. 12. Prior to, or concurrent with approval of the first Tentative Map for the Project, unless the Director of Planning allows other timing, the draft AQIP must be considered and acted upon by the Planning Commission and City Council. The Applicant hereby agrees to implement the final AQIP measures as approved by the City Council, and to comply and remain in compliance with said AQIP. 13. The Applicant acknowledges that the City Council may, from time-to-time, modify air quality improvement and energy conservation measures related to new development as various technologies and/or programs change or become available. The Applicant shall modify the AQIP to incorporate those new measures, which are 11 //~.J;)5' in effect at the time, prior to or concurrent with each Final Map approval within the Project. The new measures shall apply, as applicable, to development within all future Final Map areas, but shall not be retroactive to those areas, which received Final Map approval prior to effect of the subject new measures. 14. The Applicant acknowledges that the City is in the process of developing guidelines for the preparation of required Water Conservation Plans (WCP), and is conducting a WCP Pilot Study to evaluate various water conservation measures for new development beyond those currently mandated, and that the Project area is part of that Study. The Applicant further acknowledges that the WCP Pilot Study will include cost effectiveness and feasibility analyses of the various measures under consideration, and will result in recommending which measures should be included in the Project at the present time. 15. Prior to or concurrent with approval of the first Tentative Map for the Project, unless the Director of Planning allows other timing, the Applicant shall have prepared, submitted and obtained the approval of the Planning Commission and City Council of a WCP for the Project which incorporates the Pilot Study recommendations. The Applicant hereby agrees to implement the final WCP measures, as approved by the City Council, and to comply and remain in compliance with the WCP. 16. The Applicant acknowledges that the City Council may, ftom time-to- time, modifY water conservation measures related to new development as various technologies and/or programs change or become available. The Applicant shall be required to modifY the WCP to incorporate those new measures, which are in effect at the time, prior to, or concurrent with each Final Map approval within the Project. The new measures shall apply to development within all future Final Map areas, but shall not be retroactive to those areas which received Final Map approval prior to effect 17. Prior to approval of the Tentative Map, provide Microsoft Word electronic copy of the EastLake III GDP, EastLake III SPA, Plarmed Community District Regulations, Design Guidelines, and Public Facilities Finance Plan. 18. Prior to approval of the initial final map, revise Exhibits PC-2a through PC-2I to reflect the property line dimensions approved in the EastLake III Master Tentative Map. 19. Prior to approval of the initial final map Obtain approval ftom the Otay Water District of the EastLake III Sub-area Water Master Plan. 20. Add the following paragraph below the first paragraph in Section 11.2.3.4, Street Standards: "Dimensions shown on all street cross sections and intersection 12 J/-Wb configuration, Exhibit 10-lOf and Exhibit 11, are conceptual. Modification to these cross sections may be allowed by the City Engineer and Director of PI arming and Building during the tentative or final map approval process." 21 Comply and remain in compliance with Chapter 17.10, Parklands and Public Facilities, of the Chula Vista Municipal Code. 22 Design, construct and deliver completed parks facilities to the City in accordance with the EastLake III Public Facilities Finance Plan (PFFP). 23 The applicant acknowledges and agrees to comply with the City-wide Parks Master Plan currently in the process of being prepared by the City and to modify the Project as necessary to comply with said Master Plan. 24 Revise Fencing Section of the EastLake III Design Guidelines to include thematic fencing along the perimeter of the elementary and middle school exposed to public right-of-way and open space. Include specific language, satisfactory to the Director of Planning and Building, indicating that all thematic fences along the exposed edges ofthe two school facilities shall be located within open space lots or easement, lOft from property lines along street edges, and maintained by the EastLake III Homeowners Association or other acceptable financing mechanism acceptable to the City, as determined by the Director of PI arming and Building. 25 The applicant acknowledges and agrees to comply with the provisions ofthe City- wide Greenbelt Trails Master Plan currently in the process of being prepared by the City and modify the project as necessary to comply and remain in compliance with the adopted Greenbelt Trails Master Plan. 26 Prior to approval of any Tentative Map for the Project, enter into an agreement to construct within the timeti-ame determined by the City, the City's greenbelt trail along the eastern edge of the Vistas and Woods neighborhood and along the East side of the Salt Creek open space Corridor, as identified in the trails plan of the EastLake III SPA. Final Greenbelt design, alignment and construction details, including fencing signage and view point amenities, shall be subject to approval by the Directors of Parks and Recreation and Plarming and Building. 27 Comply with and remain in compliance with all City ordinances, policies and rules and all federal and state laws, requirements, permits and approvals required for this Project. 13 .Ii I} VIII, CONSEQUENCE OF FAILURE OF CONDITIONS If any of the forgoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, and any of such conditions fail to be so implemented and maintained according to the their terms, the City shall have the right to revoke or modifY all approvals herein granted, deny or further condition issuance of shall future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, instituted and prosecute litigate or compel their compliance or seek damages for their violations. No vested rights are gained by Developer or successor in interest by the City approval of this Resolution. IX. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon enforceability of each and every term provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by the Court of competent jurisdiction to be invalid, illegal or unenforceable, if the city so determines in its sole discretion, this resolution shall be deemed to be revoked and no further in force or in effect. Presented By: Approved as to form by: (L Robert A. Leiter ~ah1:-- Director of Planning City Attorney H:\AttomeyIPCM-01-26 cGres.ELIIIGDP-SPA rev3 14 -//J2 June 22nd, 2001 MEMO TO: City Clerk FROM: Patty Wesp SUBJECT: REAPPOINTMENTS As noted in your June 14th memo, Mayor Horton would like to reappoint all commissioners eligible for another term of office. To that end, please calendar under Mayor's Report for the next regular Council meeting, Thank You. Cc: Mayor Horton Armando Buelna Patricia Salvacion I - - ---"-.----.----------, ..-.------ COMMISSIONERS WHOSE FIRST TERMS EXPIRE ON JUNE 30, 2001 AND WHO WISH TO BE CONSIDERED FORA SECOND TERM ARE: Charter Review Commission Barbara McAllister Charter Review Commission David Potter Child Care Commission Helga Rindone Civil Service Commission Frank Chidester Cultural Arts Commission AI Gore Design Review Committee Alfredo Araiza Design Review Committee Peter Morlon Economic Development Commission Nate Rubin Economic Development Commission Robert Villareal Board of Ethics Juan Gonzales Growth Management Oversight Commission Rafael Munoz Housing Advisory Commission Theresa Ahamed Housing Advisory Commission Joanne Clayton Mobilehome Rent Review Committee (Ex-officio) Edmond LaPierre Planning Commission Russ Hall Planning Commission Kevin O'Neill Resource Conservation Commission Charles Bull Resource Conservation Commission Teresa Thomas Safety Commission Bob McAllister COMMISSIONERS WHO HAVE SERVED LESS THAN TWO YEARS TO REPLACE VACANT POSmONS FOR TERMS THAT EXPIRE ON JUNE 30, 2001, AND WHO WISH TO BE CONSIDERED FOR A FIRST TERM ARE: Commission on Aging Martha Doiron Child Care Commission Debora Munoz Economic Development Commission Dan Hom Library Board of Trustees Tris Hubbard Mobilehome Rent Review Committee Thomas Teagle Veterans Advisory Commission Stephen Milikan -- , . ~. LQagU(~ of California (itiQS RECEIVED 1+00 K Street Sacramento, CA 95814 '01 ~ 25AlO :16 916658.8200 FAX 91665882+0 B,.tt" Cities-A Setter Life wwwcaClllesorg ~TY OF GHUlA VISU ,m CLERK'S OFFICF June 2001 To: The Honorable Mayor and City Council From: David Fleming, League President, Mayor, Vacaville Re: Designation of Voting Delegate for League Annual Conference This year's League Annual Conference is scheduled for Wednesday, Septembef 12 through Saturday. September 15, 2001 in Sacramento, CA. One very important aspect of the annual conference is the annual business meeting when the membership takes action on conference resolutions. Annual conference resolutions guide cities and the League in our efforts to improve the quality. responsiveness and vitality of local government in California. It is important that all cities be represented at the annual business meeting on Saturday, September 15,2001, at 9:15 a.m. at the Sacramento Convention Center. League bylaws state that "Any official of a Member City may, with the approval of the city council, be designated the city's designated voting delegate or alternate delegate to any League meeting. Designated voting delegates (or their alternates) registered to attend the Annual Conference constitute the League's General Assembly." To expedite the conduct of business at this important policy-making meeting, each city council should designate a voting representative and an alternate who will be registered at the conference and present at the annual business meeting. League bylaws provide that each city is entitled to one vote in mattefs affecting municipal or League policy. A voting card will be given to the city official designated by the city council on the enclosed "Voting Delegate Form." Please complete and return the enclosed "Voting Delegate Form" to the Sacramento office of the League at the earliest possible time (not later than Friday, August 17,2001), so that proper records may be established for the conference. The voting delegate may pick up the city's voting card at the designated Voting Card desk located in the League registration area. The voting procedures to be followed at this conference are printed on the reverse side of this memo. YOUf help in returning the attached "Voting Delegate Form" as soon as possible is appreciated- If you have any questions, please call Lorraine Okabe at (916) 658-8236. I League of California Cities Annual Conference Votinç¡ Procedures 1. Each member city has a right to cast one vote on mattefs pertaining to League policy. 2. To cast the city's vote a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. 3. Prior to the annual conference, each city should designate a voting delegate and an alternate and return the Voting Delegate Form to the League for use by the Credentials Committee- 4. The voting delegate or alternate may pick up the city's voting card at the annual conference fegistration area- 5. Free exchange of the voting card between the voting delegate and alternate is permitted. 6. If neithef the voting delegate nor alternate is able to attend the annual business meeting. the voting delegate or alternate may pass the voting cafd to another official from the same city by appeafing in person before a fepresentative of the Credentials Committee to make the exchange, Prior to the annual business meeting, exchanges may be made at the annual conference registfation area- At the annual business meeting. exchanges may be made at the voting card table located in the front of the meeting room. Exchanges may not be made while a roll call vote is in progress because the Credentials Committee will be conducting the roll call. 7. Qualification of an initiative resolution is judged in part by the validity of signatures. Only the signatufes of city officials, who, according to the recofds of the Credentials Committee, afe authorized to use the city's voting card and who have left a sample of their signature on the Credentials Committee register will be approved. 8. In case of dispute, the Credentials Committee will determine the right of a city official to vote at the annual business meeting. G :\policy\acres\voteprox- doc -'- 13 - -----.---.------.--. ._".".."" -_._-~--- --- -- ----- -_.,----". CITY: Chula Vista LEAGUE OF CALIFORNIA CITIES 2001 ANNUAL CONFERENCE VOTING DELEGATE FORM 1. VOTING DELEGATE: Patty Davis (Name) Council Member (Title) 2. VOTING ALTERNATE: None,. (Name) (Title) ATTEST: £~ ,;t;~ (Name) ~ss;stc;I.v\1 C; ~ C~ (Title) . Please complete and return to: League of California Cities Attn: Lorraine Okabe 1400 K Street Sacramento, CA 95814 ., Fax: (916) 658-8240 Deadline: Friday, August 17, 2001 LO Po/icy\acres\votedel./tr - July 9th, 2001 MEMO TO: City Clerk FROM: Patty Wesp ffJA SUBJECT: LEAGUE CONF DELEGATE At the request of Mayor Horton, please calendar the following item under Mayor's Report for the next regular City Council meeting: Designation of Voting Delegate for the Annual League of California Cities Conference Thank You, Cc: Mayor Horton Armando Buelna Patricia Salvacion F'^ cA&' \ ,0 if iilD ~\