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HomeMy WebLinkAboutAgenda Packet 2001/08/28 CITY COUNCIL AGENDA August 28, 2001 6:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista CI]Y OF CHUI. A VISI'A 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 AGENDA August 28, 2001 6:00 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 DR. RANDALL C. PHILLIPS (HONORARY CONSUL GENERAL OF JAPAN) AND DR. MICHAEL INOUE (PRESIDENT OF JAPAN SOCIETY OF SAN DIEGO & TIJUANA AND VICE PRESIDENT OF KYOCERA INTERNATIONAL) PROCLAIMING MONDAY, SEPTEMBER 10, 2001 AS MILLENNIUM FRIENDSHIP DAY RECOGNITION BY DEPUTY CITY MANAGER PALMER OF READERS FROM THE LIBRARY'S 2001 SUMMER READING PROGRAM CONSENT CALENDAR (Items 1 through 11) 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 ,peak form (avadable in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. Items pulled by the public will be the first items of business. 1. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that, to the best of his knowledge from observance of actions taken in Closed Session on August 21, 2001 in which the City Attorney participated, there were no actions taken which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. B. Letter of resignation from Barbara McAllister, member of the Charter Review Commission. Staff recommendation: The resignation be accepted with regret and the City Clerk be directed to post immediately in accordance with Maddy Act requirements. C. Letter from Bonita Valley Horsemen requesting that they be allowed to sponsor the Bonita Country Crafters' annual craft fair at Rohr Manor from November 15 to November 19, 2001, and that a business license for the event be waived. Staff recommendation: The request be approved as authorized by Municipal Code Section 5.04.085A, Promotional Events and Charitable Organizations. 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE TRAFFIC SIGNAL DETECTOR LOOP REPLACEMENT PROGRAM 2000/2001 PROJECT (TF273) TO HMS CONSTRUCTION, INC. IN THE AMOUNT OF $47,132 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO APPROVE A CHANGE ORDER WITH HMS CONSTRUCTION, 1NC. IN ORDER TO 1NSTALL ADDITIONAL LOOPS On July 25, 2001, the Director of Public Works received sealed bids from eight electrical contractors for the project (TF273). HMS Construction, ]nc. submitted the low bid of $47,132. (Director of Public Works) Staff recommendation: Council adopt the resolution. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING BIDS FOR THE INSTALLATION OF INTERNALLY ILLUMINATED STREET NAME SIGNS, FISCAL YEAR 2001/02 (TF279) On July 18, 2001, the Director of Public Works received sealed bids from four electrical contractors for the project (TF279). After reviewing the specifications for the project, staff recommended that, in the best interests of the City, the bids be rejected and the project be re-bid. (Director of Public Works) Staff recommendation: Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WA1VING THE CONSULTANT SELECTION POLICY AND APPROVING A TWO- PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND WILLDAN FOR CONSULTING SERVICES TO UPDATE THE TRANSPORTATION AND INTERIM SR-125 DEVELOPMENT 1MPACT FEE (DIF), AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, AND APPROVING ADDITIONAL APPROPRIATIONS OF $66,000 FOR THE UPDATE OF THE DIF FROM THE UNAPPROPRIATED FUND BALANCES (4/5THS VOTE REQUIRED) The Transportation and Interim SR-125 Development Impact Fee reports need to be updated to reflect changes due to the growth in Chula Vista and the delayed construction of SR-125. Staff is recommending that Willdan perform the services in order to follow the schedule set forth for the "Traffic Capacity Enhancements" program. (Director of Public Works) Staff recommendation: Council adopt the resolution. 08/28/01 Page 2 - Council Agenda 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDER NO. 5 FOR THE OLYMPIC PARKWAY STREET IMPROVEMENTS, OLEANDER AVENUE TO BRANDYWINE AVENUE PROJECT (ST-344) AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY On November 14, 2000, the Council awarded a contract for $1,974,280 (plus contingencies of $394,856) to West Coast General Corporation for the subject street improvements. Change Order No. 5 is for right-of-way and adjacent open space landscaping work, which was not originally in the project design but is part of the project scope authorized in the capital improvement program by the Council. In order to open this vital segment of Olympic Parkway as early as possible, the project was bid and awarded prior to completing landscaping plans and specifications. (Director of Public Works) Staff recommendation: Council adopt the resolution. 6. REPORT ON REQUEST FOR TECHNICAL PROPOSALS AND PRICE BIDS FOR OPERATION OF CHULA VISTA TRANSIT (CVT) AND MAINTENANCE OF THE CVT BUS FLEET The last request for proposals (RFP) for operation of CVT and maintenance of the CVT fleet was issued in February 1993. As a result of the REp process, San Diego Transit was selected as the CVT contract operator for a three-year period. Since then, the Council has approved three extensions to the agreement, the latest of which was in February 2001. The current agreement terminates on June 30, 2002. Transit staff has been working with Metropolitan Transit Development Board (MTDB) staff to develop and issue a request for technical proposals in a two-step bidding process, with a service start date of July 1, 2002. (Director of Public Works) Staff recommendation: Council accept the report; authorize staff to work with MTDB staff to issue a request for technical proposals for CVT operations and maintenance for a five-year base term and two-year option terms; include a responsible wage policy based on elements found in MTDB's Policy 32, Section 32.10, excluding Subsection f; and accept the make-up of the Technical Review Committee as adopted by MTDB. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING HOUSEHOLD HAZARDOUS WASTE GRANT HD9-01-4833 FROM THE CALIFORNIA iNTEGRATED WASTE MANAGEMENT BOARD, AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS 1N CONJUNCTION WITH ADMINISTERING THE GRANT, AND APPROPRIATING $300,000 FOR FISCAL YEAR 2001/2002 TO IMPLEMENT THE GRANT (4/5THS VOTE REQUIRED) The City is the lead agency in developing and implementing a household hazardous waste (HHW) program for the South Bay. The current program includes a regional HHW drop-off facility at the new Corporation Yard, a door-to-door collection program, and a public education program. The subject grant will provide funds for a more comprehensive, countywide education campaign, for the regional, permanent HHW drop- off facility, and for some equipment for the Coronado HHW facility. (Special Operations Manager) Staff recommendation: Council adopt the resolution. Page 3 - Council Agenda 08/28/01 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $60,000 FROM COX COMMUNICATIONS FOR CITY TELECOMMUNICATIONS NEEDS, APPROPRIATING THE UNANTICIPATED REVENUE, AND AMENDING THE FISCAL YEAR 2001/02 BUDGET (4/5THS VOTE REQUIRED) On September 14, 1999, the City granted Cox Communications an extension of its cable franchise agreement. As part of the agreement, the City agreed to take over the responsibility for broadcasting City Council meetings. Cox has now issued the City a check to cover the costs of purchasing the necessary equipment. (Deputy City Manager Palmer, Special Operations Manager) Staff recommendation: Council adopt the resolution. 9. REPORT REGARDING EXTENDING THE TEMPORARY CLOSURE OF CENTER STREET AND A PORTION OF CHURCH AVENUE FOR THE DOWNTOWN FARMERS' MARKET ON THURSDAY AFTERNOONS FOR A TWO-YEAR PERIOD, SUBJECT TO CONDITIONS OF APPROVAL AND RECOMMENDING THE FARMERS' MARKET REMAIN IN ITS CURRENT LOCATION, SUBJECT TO THE MANAGEMENT CHANGES CURRENTLY BEING IMPLEMENTED In October 1995, Council approved the closure of Center Street between Third and Church Avenues on Thursday afternoons for the Farmers' Market. The Market area was expanded in June 1997 to include a portion of Church Avenue to accommodate an increased number of vendors and add a section for craft booths. In accordance with the adopted conditions of approval, the street closure needed to be extended by the Council before the end of December 2000. On November 14, 2000, staff recommended an extension of the Center Street closure to include the southern-most lane of Center Street from Church Avenue to Del Mar Street. Council adopted the recommendation; however, based on concerns about accessibility, Council directed staff to search for alternative sites for the Market. Staff reported back to Council in December, requesting the implementation of management changes that might allow the Market to remain in its current location. In February, staff requested an opportunity to monitor the Market with the changes in place until August 2001, when a final recommendation would be presented. The subject report contains the recommendation to maintain the current Market configuration, until such time as growth requires an additional reassessment of the location and a reconfiguration or relocation of the event. (Community Development Director) Staff recommendation: Council accept the report and allow the Farmers' Market to remain in its current location subject to certain conditions and to management changes currently being implemented. 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SALARY ADJUSTMENT FOR THE SUPERVISING TREE TRiMMER CLASSIFICATION 1N THE PUBLIC WORKS DEPARTMENT Adoption of the resolution approves a salary adjustment for the Supervising Tree Trimmer classification. This classification was not included in the final compensation report presented by John Shannon & Associations and implemented in January 2000, because the position was vacant at that time. The classification now contains one incumbent. (Human Resources Director) Staff recommendation: Council adopt the resolution. 08/28/01 Page 4 - Council Agenda I1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY ENGINEER TO ISSUE ENCROACHMENT PERMIT NO. PE-505 TO GOODRICH AEROSTRUCTURES GROUP FOR THE CONSTRUCTION OF A STORM WATER TREATMENT FACILITY IN AN EXISTING STORM DRAIN LINE LOCATED WITHIN CITY-OWNED PROPERTY On August 7, 2001, Goodrich Aerostructures Group (Goodrich) submitted an application for an encroachment permit to construct a storm water treatment facility into an existing storm drain line located on City property. The treatment facility is a result of Cleanup and Abatement Order No. 98-08, issued to Goodrich on April 2, 1998 by the California Regional Water Quality Control Board (RWQCB). The RWQCB required Goodrich to install a facility in an existing storm drain outfall that would limit tidal inflow and sediment discharge. According to Municipal Code Section 12.28, any permanent structures built within right-of-way, City easements or City-owned property, such as private storm drain systems, require Council approval utilizing the encroachment permit process. (Director of Public Works) Staff recommendation: Council adopt the resolution. ORAL COMMUNICATIONS Persons speaking during Oral Communications may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff Comments are limited to three minutes. 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. 12. CONSIDERATION OF ADOPTION OF A SECOND URGENCY ORDINANCE ESTABLISHING THE SAN MIGUEL RANCH FISCAL DEFICIT FEE - SM-001F (4/5THS VOTE REQUIRED) - On August 7, 2001, the Council approved Urgency Ordinance No. 2841-A and Ordinance 2841, establishing the San Miguel Ranch fiscal deficit fee. The imposition of this fee ensures that builders, and not the City or its residents, will pay for any fiscal deficits associated with development of the San Miguel Ranch project. Adoption of the urgency ordinance was necessary to ensure that the fiscal deficit fee took effect immediately, because the ordinance does not go into full effect immediately. However, since the first urgency ordinance expires within 30 days, it is necessary to approve a second urgency ordinance to enable the City to continue to collect the fee during the waiting period until the ordinance takes effect. This second urgency ordinance will apply for 30 days, until September 27, 2001. Ultimately, a third urgency ordinance, which is not before the Council at this time, will be necessary to extend the fiscal deficit fee until the regular ordinance takes effect. (Director of Planning & Building) Page 5 - Council Agenda 08/28/01 Staffrecommendation: Council adopt the following urgency ordinance: AN URGENCY ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA ESTABLISHING THE SAN MIGUEL RANCH FISCAL DEFICIT FEE AS A BUILDING PERMIT-BASED FEE TO PROVIDE pERMANENT FUNDING FOR THE PREPARATION OF 15 ANNUAL FISCAL REVIEWS FOR THE SAN MIGUEL RANCH PROJECT, AND FOR PAYMENT OF ANY FISCAL DEFICITS IDENTIFIED BY THOSE ANNUAL REVIEWS, AS REQUIRED BY ORDINANCE 2829, WHICH ESTABLISHED THE SAN MIGUEL RANCH FISCAL DEFICIT ACCOUNT 13. CONSIDERATION OF APPROVAL OF PCM-01-11, A REQUEST BY THE MCMILLIN COMPANIES TO AMEND THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN AND TO MODIFY THE OTAY RANCH SPA ONE PLANNED COMMUNITY DISTRICT REGULATIONS ZONING DISTRICT BOUNDARIES WITHIN VILLAGE FIVE The McMillin Companies has applied to amend the Otay Ranch SPA One Plan for Village Five to change the village core concept from "Town Square" to "Main Street," consolidate the town square park with the existing mixed-use site, rezone it from OS/P1 to C/RM2, and reallocate 54 unused dwelling units authorized by the Otay Ranch General Development Plan to create a new mixed-use site. The amendment would allow approval of a proposed mixed-use project with 10,000 square feet of ground floor commercial and 72 residential units on the C-3/R-45 mixed-use site in Village Five. The City's Environmental Review Coordinator has reviewed the project and determined that it would not result in any new environmental impacts that were not previously identified, nor would the project result in a substantial increase in severity in any environmental effects previously identified in FEIR 95-01. Only minor, technical changes or additions are necessary; and none of the conditions requiring preparation of a subsequent or supplemental EIR, as identified by Sections 15162 and 15163, exist. Therefore, an addendum to FEIR 95-01 is required in accordance with the state CEQA guidelines, Section 15164. (Director of Planning & Building) Staff recommendation: Council adopt the following resolution and place the following ordinance on first reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLANNED COMMUNITY DISTRICT REGULATIONS, MODIFYING THE ZON1NG DISTRICT MAP FOR VILLAGE FIVE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN FOR VILLAGE FIVE 08/28/01 Page 6 - Council Agenda 14. CONSIDERATION OF APPROVAL OF PCM~01-17 AND PCM-01-08, REQUESTS BY THE OTAY RANCH COMPANY (1) TO AMEND THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN AND TO MODIFY THE OTAY RANCH SPA ONE PLANNED COMMUNITY DISTRICT REGULATIONS WITHIN VILLAGE FIVE; AND (2) TO APPROVE A REVISED TENTATIVE SUBDIVISION MAP (C.V.T. 96-04B) FOR VILLAGE FIVE OF THE OTAY RANCH SPA ONE PLAN, CHULA VISTA TRACT 96-04B The Otay Ranch Company has applied to amend the Otay Ranch SPA One Plan to reallocate 422 unused dwelling units authorized by the Otay Ranch General Development Plan for Village Five and to re-subdivide 44.5 acres of Village Five. The proposed amendment and tentative map will create two high-density, multi-family sites in Neighborhood R-30, and 122 single-family, detached lots in an alley product in Neighborhood R-39. The City's Environmental Review Coordinator has reviewed the project and determined that it would not result in any new environmental impacts that were not previously identified, nor would the project result in a substantial increase in severity in any environmental effects previously identified in FEIR 95-01. Only minor, technical changes or additions are necessary; and none of the conditions requiring preparation of a subsequent or supplemental EIR, as identified by Sections 15162 and 15163, exist. Therefore, an addendum to SPA One Plan FEIR 95-01 is required in accordance with the state CEQA Guidelines Section 15164, which was considered by the Commission as part of PCM 01-11, the McMillin Companies Village Five Core amendment to SPA One. (Director of Planning & Building) Staff recommendation: Council adopt the following resolutions and place the following ordinance on first reading: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN FOR VILLAGE FIVE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLANNED COMMUNITY DISTRICT REGULATIONS MODIFYING THE ZONING DISTRICT MAP FOR VILLAGE FIVE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REVISED TENTATIVE SUBDIVISION MAP FOR VILLAGE FIVE OF THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN, CHULA VISTA TRACT 96-04B Page 7 q Council Agenda 08/28/01 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 Council will consider the items individually, and staff recommendations may, in certain cases, be presented in the alternative. If you wish to speak on any item, please fill out a "Request to Speak"form (available in the lobby) and submit it to the City Clerk prior to the meeting. 15. CONSIDERATION OF ADOPTION OF VARIOUS WAGE, RETIREMENT AND BENEFIT ENHANCEMENTS FOR ALL MISCELLANEOUS (NON-SWORN) CITY EMPLOYEES COVERiNG FOUR FISCAL YEARS, FY 2002 THROUGH FY 2005 (4/5THS VOTE REQUIRED) Adoption of the proposed resolutions would provide for wage, retirement and benefit enhancements for all miscellaneous (non-sworn) City employees covering four years (FY 2002 - FY 2005). The four-year package was developed in conformance with the Council's compensation policy and attempts to keep wages and benefits in line with other jurisdictions during the course of the four-year period, thus attracting and retaining quality employees and rewarding employees' efforts. Negotiations were recently completed with CVEA and WCE, whose memberships voted to adopt the proposed Memoranda of Understanding on August 22 and August 23, respectively. Discussions were held during the week of August 20 with employees not covered by Memoranda of Understanding. The basic wage and retirement increases proposed are the same for all non-safety employees. In addition, there are specific benefits proposed for individual groups based on their profile and needs. (City Manager) Staff recommendation: Council adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTiNG THE MEMORANDUM OF UNDERSTANDiNG WITH THE CHULA VISTA EMPLOYEES ASSOCIATION (CVEA) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE MEMORANDUM OF UNDERSTANDING WITH THE WESTERN COUNCIL OF ENGINEERS (WCE) C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE COMPENSATION FOR EXECUTIVE MANAGERS D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE COMPENSATION FOR SENIOR MANAGERS E. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE COMPENSATION FOR MIDDLE MANAGERS F. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE COMPENSATION FOR CONFIDENTIAL EMPLOYEES 08/28/01 Page 8 - Council Agenda G. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING PAY INCREASES FOR UNCLASSIFIED HOURLY EMPLOYEES H. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING PAY AND BENEFIT INCREASES FOR MAYOR AND COUNCIL I. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADJUSTING TITLES AND PAY SCALES FOR CERTAIN CLASSIFICATIONS J. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FOR PAYING AND REPORTING THE VALUE OF EMPLOYER PAID PERS MEMBER CONTRIBUTIONS FOR MISCELLANEOUS MEMBERS K. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2001/2002 BUDGET BY $846,607 AND APPROPRIATING FUNDS THEREFOR TO COVER LABOR COST INCREASES BASED ON UNANTICIPATED REVENUE L. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE ADOPTING FISCAL YEAR 2002/2003 SPENDING PLAN TO INCREASE EXPENDITURES FOR LABOR COSTS BY $2,595,590 AND OTHER EXPENSES BY $47,120 BASED ON UNANTICIPATED REVENUE 16. CONSIDERATION OF A REPORT ON EASTSIDE LIBRARY CONSTRUCTION SCENARIOS AND ADOPTION OF A RESOLUTION DIRECTING STAFF TO PREPARE A GRANT APPLICATION TO CONSTRUCT THE RANCHO DEL REY LIBRARY If the City wishes to apply for a California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 grant, staff must now begin the year's worth of work necessary to prepare the application, which must include a joint- venture project or co-located library with a K-12 school district in order to be competitive. In response to Council's discussion at the June 2001 budget workshop, staff has analyzed two eastside branch library construction scenarios to assist Council in deciding whether or not to apply for the grant. Staffrecommendation: Council accept the report and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING STAFF TO PREPARE A "CALIFORNIA READiNG AND LITERACY IMPROVEMENT AND PUBLIC LIBRARY CONSTRUCTION AND RENOVATION BOND ACT OF 2000" GRANT APPLICATION FOR THE CONSTRUCTION OF THE RANCHO DEL REY LIBRARY Page 9 - Council Agenda 08/28/01 ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 17. CITY MANAGER'S REPORTS · Scheduling of meetings. 18. MAYOR'S REPORTS A. Ratification of appointment of John Soovajian to the Housing Advisory Commission. B. Ratification of appointment of Joseph Raskin to the Veterans Advisory Commission. 19. COUNCIL COMMENTS CLOSED SESSION 20. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C) · Two cases 21. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) · John Michael Crim. v. City of Chula Vista, et al. (Case No. OOCV0465IEG[LAB]) · William Pennerman v. City of Chula Vista (Case No. OIVC0024BTM[JFS]) ADJOURNMENT to the Regular Meeting of September 18, 2001, at 6:00 p.m. in the Council Chambers. Per Chula Vista Municipal Code, there will be no meeting on September 4, 2001, and the Regular Meeting of September 11, 2001, has been cancelled. Page 10 - Council Agenda 08/28/01 O-IUL4 VISTA August 23,2001 TO: The Honorable Mayor and City Council FROM: David D. Rowlands, Jr., City Manager SUBJECT: City Council Meeting of August 28, 2001 This will transmit the agenda and related materials for .the regular City Council meeting of Tuesday, August 28, 2001. Comments regarding the Written Communications are as follows: lA. This is a letter from City Attorney stating that 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 reportable actions which are required under the Brown Act to be reported. lB. This is a letter of resignation from Barbara McAIlister, member of the Charter Review Commission. IT IS RECOMMENDED THAT THIS RESIGNATION BE ACCEPTED WITH REGRET AND THE CITY CLERK BE DIRECTED TO POST IMMEDIATELY iN ACCORDANCE WITH MADDY ACT REQUIREMENTS. 1C. This is a request by the Bonita Valley Horsemen to sponsor the Bonita Country Crafters annual holiday craft faire at Rohr Manor and that business license fees associated therewith be waived. The Faire will be held November 15 to 19, 2001. IT IS RECOMMENDED THAT THIS REQUEST BE APPROVED AS AUTHORIZED BY SECTION 5.04.085A. OF THE MUNICIPAL CODE - PROMOTIONAL EVENTS AND CHARITABLE ORGANIZATIONS. CI'IY OF CHULA VISTA OFFICE OF THE CITY A'I-FORNEY Date: August 22, 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 8/21/01 The City Council of the city of Chula Vista met in Closed Session on 8/21/01 to discuss: · CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6 City Negotiator: City Manager Employee Organizations: Chula Vista Employees Association, Western Council of Engineers Employee Groups: Executive, Senior-Management, Mid-Management, Confidential and Unrepresented 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 reportable actions which are required under the Brown Act to be reported. JMK:lgk J:\Attorney~LETTER~CLOSED SESSION NO Reportable. 276 FOURTH AVENUE - CHULA VISTA · CALIFORNIA 91910 · (619) 691-5037 · FAX (619) 409-5823 DATE: August 14, 2001 TO: Lorraine Bennett, Deputy City Clerk FROM: Lorraine Kraker, Secy. to City AttorneyO~x/ SUBJECT: Charter Review Commission Resignation Barbara McAllister of the Charter Review Commission telephoned today indicating her desire to resign from the Commission effectively immediately due to health concerns. Please post the vacancy in order to fill the remainder of her term which expires June 30, 2005. Thank you. /lgk BONITA VALLEY HORSEMEN P.O. Box 1011 BONITA, CA 91908 August 9, 2001 City of Chul& Vista Attn: Mayor and Caty Counsel 276 ~o~rth Avenue Chule ~ris=&, CA 91910 Nove~_k_er 15 to 19, 2001 The ~onita Valley Hors~n, a 30-ye~-ol~ 0~anization, =ee~o~ly e~nsor =he ~ Cou~ Craf~=s holi~ ~t ~ai=e at r~i~ for a business e~n=. Li~i[ity ins~an~ praise have ~n =olled o~ Nov~r 1~ ~oug~ Nov~ 18. Pro--ds fr~ ~e e~nt will Should ~ n~ to ~pe~ b~ore ~e Cite Co~el, please con~aot e~r J~ ~ 421-8667. ~a~ you ~or your a~tention to Va~le~ Eor~en Chula Vista Municipal Code 5.04.085 5.04.050 Assessment error not to prevent B. The council may, at its option and good collection of tax. cause appearing therefor, waive the payment of In no event shall any mistake or error made by any license tax and/or fee required by this title to be the director of finance in stating the amount of a paid by any religious, charitable, fraternal, educa- license provided in this title and CVMC 8.20.020 tional, military, state, county or municipal organi- and 9.13.030 prevent the collection by the city of zation for the conducting or staging of any an amount that shall be actually due from any per- entertainment, dance, concert, exhibition or lec- son transacting or carrying on a business subject to ture, the nature of which, in view of public morals a license under this title and by the section cited and well-being, meets with the approval of the above. (Ord. 2537 § 1, 1992; Ord. 1801 § 2, 1978). chief of police and the council, where the major portion of the net receipts, if any, derived from any 5.04.060 Revocation of license - When. of the same are to be used wholly for the benefit of Any license for which license tax is due and such organization, and not for the purpose of pri- payable and has become delinquent shall thereby rate gain of any individual. be revoked without further action. No person shall C. In lieu of action by the city council, as set engage in any business subject to be licensed under forth in subsections (A) and (B) of this section, the this title and CVMC 8.20.020 and 9.13.030, after city manager is hereby authorized to issue a waiver such license has become delinquent. (Ord. 2537 of the payment of any license tax and/or fee § 1, 1992; Ord. 1801 § 2, 1978). imposed by this title and all activities for which a business license would be required by the city, 5.04.065 Revocation of license - Notice when he has received evidence or other informa- required- Hearing. tion which satisfies him that the conditions set The director of finance shall deliver a notice in forth in subsections (A) and (B) of this section writing either personally or by mail to the person or exist, except that the city manager's approval may business holding such license, stating that he or she be substituted for that of the city council, and when is proposing the revocation of the license, and a such application has received the written approval brief summary of the reasons therefor. Such notice of the chief of police. shall conform to Chapter 1.40 CVMC regarding D. The applicant shall receive evidence of any the right to a hearing before the revocation may be such waiver granted under subsections (A), (B) and made final. (Ord. 2718 § 1, 1998; Ord. 2537 § i, (C) of this section in such form as the city manager 1992; Ord. 1801 § 2, 1978). may from time to time determine. (Ord. 2537 § 1, 1992; Ord. 2408 § 1, 1990; Ord. 1801 § 2, 1978). 5.04.070 Collection and disposition of funds collected. 5.04.085 Promotional events and charitable The director of finance shall collect all moneys organizations. specified under this title and CVMC 8.20.020 and A. Notwithstanding any provision of this chap~ 9.13.030 for all business license taxes and penalties ter to the contrary, the city council may waive the and deposit these moneys into the general fund business license taxes and/or fees for those events within five business days. (Ord. 2537 § 1, 1992; of not more than three successive days that help to Ord. 1801 § 2, 1978). promote and publicize the city of Chula Vista. In addition, the city council may waive business li- 5.04.080 Payment - Waiver authorized cense taxes and/or fees for nonprofit or charitable when. organizations. A. The council may, at its option and good B. For those events that the city council does cause appearing therefor, waive the payment of any not waive business license taxes pursuant to sub- license tax and/or fee imposed by this title for the section (A) of this section and the event is spon- conducting or staging of any concert, exhibition, sored by a nonprofit or charitable organization, the lecture or entertainment, the nature of which, in city council may allow that each participant obtain view of public morals and well-being, meets with a temporary license for a tax as presently desig- the approval of the chief of police and council, and nated, or as may in the future be amended, in Sec- where the major portion of the net receipts, if any, fion 5.04.075 of the master tax schedule in CVMC derived therefrom are to be used solely for charita- 5.07.030. Participants will have a choice of paying ble or benevolent purposes within the city, and not the event tax or obtaining an annual business for the purpose of private gain of any individuals, license by paying the tax established by this title. CHULA VISTA MEMORANDUM August 10, 2001 TO: The Honorable Mayor and City Council FROM: John Lippitt, Director of Public Works SUBJECT: Agenda Item for August 28, 2001, Accepting Bids and Awarding Contract for "The Traffic Signal Detector Loop Replacement Program 2000/2001" (TF273) Seven of the intersections being repaired by this project (Broadway/Naples St., Broadway/Oxford St., Broadway/Palomar St., Anita St./Industrial Blvd., Hilltop Dr./Main St., Fifth Ave./Palomar St. and Fourth Ave./Anita St.) are within the Montgomery Annexation district. The sites for this CIP project were selected based on the need to replace existing traffic signal loops that are defective due to normal wear so that the existing actuated traffic signals can operate more efficiently. JSEngincer\AGENDA\TF273 info.doc COUNCIL AGENDA STATEMENT Item _ ~ Meeting Date 8/28/01 ITEM TITLE: Resolution Accepting Bids and Awarding Contract for "The Traffic Signal Detector Loop Replacement Program 2000/2001" project (TF273) to HMS Construction, Inc. in the amount of $47,132.00 and Authorizing the Director of Public Works to Approve a Change Order with HMS Construction, Inc. in order to Install Additional Loops. SUBMITTED BY: Director of Public Works ~ 1 REVIEWED BY: City Manager ~,~9~ (4/Sths Vote: Yes __ No X ) On July 25, 2001, the Director of Public works received sealed bids from eight (8) electrical contractors for "The Traffic Signal Detector Loop Replacement Program 2000/2001" project (TF273). H M S Construction, Inc. submitted the low bid of $47,132.00 for this project. RECOMMENDATION: That Council accept bids and award contract for "The Traffic Signal Detector Loop Replacement Program 2000/2001" project (TF273) to H M S Construction, Inc. in the amount of $47,132.00 and authorize the Director of Public Works to approve a Change Order with HMS Construction, Inc. in order to install additional loops. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: This project, "Traffic Signal Detector Loop Replacement Program 2000/2001" (TF273), will replace existing traffic signal loops that are defective due to normal wear so that the existing actuated traffic signals can operate more efficiently. The work includes replacing the existing defective/inoperable traffic signal loop detectors at the following intersections: 1) Broadway & "L" St. 10) Bonita Rd./"E" St./Flower St. 2) Eastlake Pkwy & Otay Lakes Rd. 11) Anita St. & Industrial Blvd. 3) Broadway & Naples St. 12) Hilltop Dr. & Main St. 4) Broadway & Oxford St. 13) Hollister St./Industrial Blvd./Main St. 5) Broadway & Palomar St. 14) Fourth Ave. & Brisbane St. 6) Avenida Del Rey/Otay Lakes Rd./Ridgeview Wy. 15) Fifth Ave. & Palomar St. 7) Bonita Rd. & Willow St. 16) Allen School Ln. & Otay Lakes Rd. 8) Bonita Rd. & Otay Lakes Rd. 17) Fourth Ave, & Anita St. 9) Allen School Rd. & Bonita Rd. 18) Main St. & Brandywine Ave. Page 2, Item ~ Meeting Date 8/28/01 Bidding Process Engineering staff prepared plans and specifications and advertised the project for bidding on July 25, 2001. The following eight (8) bids were received: CONTRACTOR BID AMOUNT -tMS Construction, Inc. $47,132.00 ¥ & M Electric, Inc. $49,992.00 _A Signal $62,485.00 3BX, Inc. $64,840.00 Southwest Signal SVCS $75,981.00 _ekos Electric $82,120.00 Yri-Group Construction, Inc. $105,540.00 ;utherlin Contracting $107,980.00 The low bid, submitted by H M S Construction Inc., is below the engineer's estimate of $65,000 by $17,868 or 27.50%. The engineer's estimate is based on average unit prices received recently on similar types of projects. Due to the excellent lowest bid for the project, engineering staff recommends that there will be sufficient funds remaining in the project account to replace additional traffic signal loop detectors. After expending the contract amount in addition to design, inspection and administration costs and contingencies from the initial $88,599.00 account balance, staff determined that a $27,327.40 balance would remain. This translates into sufficient funding to install additional 165 traffic signal loop detectors, or 10 intersections from the "Optional Prioritized List" accompanying the specifications for the project. Therefore, staff recommends that Council authorize the Director of Public Works to approve a change order with the current low bidder, HMS Construction, Inc., in order to install the additional loops. Environmental Status The work involved in this project is exempt under Section 15301, Class lc of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures). Disclosure Statement A copy of the Contractor's Disclosure Statement is attached as Exhibit A. Page 3, Item Meeting Date 8/28/01 Prevailing Wage Statement The source of funding for this project is the City Gas Tax Fund. Contractors bidding this project are not required to bid based on paying prevailing wages to persons employed by them for the work under this contract. No special minority or women owned business requirements were necessary as part of the bid documents. Disadvantaged businesses were encouraged to bid for TF-273 through the sending of the Notice to Contractors to various minority trade publications. Form of Agreement The contract will be let on the City's Standard Public Works Contract form. The City Attorney will approve the final form. Financial Statement FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount (H M S Construction Inc.) $47,132.00 B. Contingencies (10%) $4,713.20 C. Change Order (Addition of loops at 10 optional intersections) $27,327.40 D. Staff Costs (Design, Inspection, Contract Administration) (20%) $9,426.40 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $88,599.00 FUNDS AVAILABLE FOR CONSTRUCTION A. Gas Tax $88,599.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $88,599.00 Fiscal Impact After completion of construction, no new City maintenance will be required. The City, as a result of this project, will not incur any additional maintenance nor energy costs. Attachments: Exhibit A-Contractors Disclosure Statement PREPARED BY: PATRICK MONEDA J:\EngineerXAGENDA\TF273 A I 13 .doc THE CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-01, prior to any action upon mauers which will require discretionary. action by the Council, Planning Commission and all other official bodies of the Ci~, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a Ci~ 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, subconlxactor, 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) entiW. 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 identi~ eve~ person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the Ci~ in this matter. 14 J :\En gineerX~.D MIN~,CONTP~ACTxt f-273.6.d oc 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 contract within the past 12 months? Yes No J 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? 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 t,.- 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 o-f income, money to retire a legal debt, gift, loan, etc.) Yes __ No v' If Yes, which official** and what was the nature of item provided? /~// Date: 7,/~7/O ! ~tU~//~~OfC~tOr/A Sign pplicant Print or type name of Contra6tor/Applicant * Person is defined as: any individual, firm, co-parmership, 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 ~m-oup or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member ora board, commission, or committee of the City., employee, or stall'members. J :\Engin eerLADMIN~CONTRACTxt f-273.6.doc RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR "THE TRAFFIC SIGNAL DETECTOR LOOP REPLACEMENT PROGRAM 2000/2001" PROJECT (TF273) TO HMS CONSTRUCTION, INC. IN THE AMOUNT OF $47,132.00 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO APPROVE A CHANGE ORDER WITH HMS CONSTRUCTION, 1NC. IN ORDER TO INSTALL ADDITIONAL LOOPS WHEREAS, on July 25, 2001, the Director of Public Works received the following eight (8) scaled bids from electrical contractors for "The Traffic Signal Detector Loop Replacement Program 2000/2001 ' project (TF273): CONTRACTOR BID AMOUNT HMS Construction, Inc. $47,132.00 T & M Electric, Inc. $49,992.00 LA Signal $62,485.00 DBX, Inc. $64,840.00 Southwest Signal SVCS $75,981.00 Lekos Electric $82,120.00 Tri-Group Construction, Inc, $105,540.00 Sutherlin Contracting t;107,980.00 WHEREAS, the low bid, submitted by H M S Construction Inc., is below the engineer's estimate of $65,000 by $17,868 or 27.50%; and WHEREAS, due to the excellent lowest bid for the project, engineering staff recommends that them will be sufficient funds remaining in the project account to replace additional traffic signal loop detectors; and WHEREAS, after expending the contract amount in addition to design, inspection and administration costs and contingencies fi'om the initial $88,599.00 account balance, staff determined that a $27,327.40 balance would remain which translates into sufficient funding to install additional 165 traffic signal loop detectors, or 10 intersections from the "Optional Prioritized List" accompanying the specifications for the project; and WItEREAS, staff recommends that Council authorize the Director of Public Works to approve a change order with the current low bidder, HMS Conslruction, Inc., in order to install the additional loops; and WHEREAS, the work involved in this project is exempt under Section 15301, Class lc of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept bids and award the contract for "The Traffic Signal Detector Loop Replacement Program 2000/2001" Project (TF273) to HMS Construction in the amount of $47,132.00. BE 1T FURTHER RESOLVED that the Director of Public Works is hereby authorized to approve a Change Order with HMS Construction, Inc. in order to install additional loops. Presented by Approved as to form by John P. Lippitt JohJ~. Kaheny ,/~_..)/ Director of Public Works Cj3fAttomey ~ COUNCIL AGENDA STATEMENT Item .~ Meeting Date 8/28/01 ITEM T1TLE: Resolution Rejecting Bids for "The Installation of Internally Illuminated Street Name Signs, FY 2001-2002" (TF279). SUBMITTED BY: Director of Public Works~ f~ REVIEWED BY: City Manager e,, (4/Sths Vote: Yes __ No~ On July 18, 2001, the Director of Public works received sealed bids from four (4) electrical contractors for the Installation of Internally Illuminated Street Name Signs (TF279). After reviewing the specifications of the project, Staff recommends, in the best interest of the City, that the bids be rejected. City staff will then rebid the project. RECOMMENDATION: That Council approve the resolution rejecting bids for "The Installation of Internally Illuminated Street Name Signs, FY 2001-2002" (TF279). BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The approved CIP project is to upgrade various signalized intersections by installing Internally Illuminated Street Name Signs. TF279 is phased over five years, starting with Fiscal Year 1999- 2000, with a budget of $52,000 per year. On July 18, 2001, City staff opened the submitted bids from four (4) electrical contractors. The participating contractors were Sutherlin Contracting, Inc., HMS Construction, Inc., T & M Electric, Inc., and Tri-Group Construction and Development, inc. with submitted bids of $23,836.00, $30,512.00, $31,850.00 and $49,850.00 respectively. Subsequent to opening the bids, staff detemfined that older traffic signal light standards, such as Type XVI and XVIi standards, with the added weight from mast arm mounted internally illuminated street name signs, have an undesirable tendency to lean in the direction of the added weight. To prevent this situation, Traffic Signal Maintenance staff recommended the installation of cantilever-mounted internally illuminated street name signs that are mounted on the signal light standard instead of the signal mast arm as contained in the bid specifications. Therefore, it is in the City's best interest to replace the originally specified mast arm mounted signs with similar products of cantilever mount. In so doing, the item quantities of the bid documents would be altered significantly requiring, at a minimum, a change order for the contract. Engineering staff consulted with the City Attorney's office and concluded that a significant change in contract specifications could be an invitation to litigation. A re-bid for the project with corrected specifications would be the more appropriate step. / Item .... Meeting Date 8/28/01 With the re-bid of the project, staff recommends increasing the scope of work for the contract by combining this project (FY 2000-2001) with the current ye~'s project (FY 2001-2002). This ~vould allow greater flexibility in the use of budgeted funds by increasing the amount of installation work, inducing better submitted bids from each contractor and reducing administration costs. For the above mentioned reasons, staff feels that it would be in the best interests of the City to reject the four bids received on July 18,2001, and to rebid the project. FISCAL IMPACT: There would be mirfimal additional staff costs associated with rebidding the project. PREPARED BY: PATRICK MONEDA J \ENGineer~AGENDA\TF279 A 113 Reject.doc RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING BIDS FOR "THE INSTALLATION OF INTERNALLY ILLUMINATED STREET NAME SIGNS, FY 2001-2002" (TF279) WHEREAS, on July 18, 2001, the Director of Public Works received sealed bids from four (4) electrical contractors for the Installation of Internally Illuminated Street Name Signs, FY 2001-2002" (TF279); and WHEREAS, the participating contractors were Sutherlin Contracting, Inc., HMS Construction, Inc., T & M Electric, Inc., and Tri-Group Construction and Development, Inc. with submitted bids of $23,836.00, $30,512.00, $31,850.00 and $49,850.00 respectively; and WHEREAS, subsequent to opening the bids, staff determined that older traffic signal light standards, such as Type XVI and XVII standards, with the added weight from mast arm mounted internally illuminated street nan~e signs, have an undesirable tendency to lean in the direction of the added weight; and WHEREAS, in order to prevent this situation, Traffic Signal Maintenance staff' recommended the installation of cantilever-mounted internally illuminated street name signs that are mounted on the signal light standard instead of the signal mast arm as contained in the bid specifications, therefore, it is in the City's best interest to replace the originally specified mast arm mounted signs with similar products of cantilever mount; and WHEREAS, in so doing, thc item quantities of the bid documents would be altered significantly requiring, at a minimum, a change order for the contract; and WHEREAS, Engineering staff consulted with the City Attorney's office and concluded that a re-bid for the project with corrected specifications would be more appropriate; and. WHEREAS, with the re-bid of the project, staff recommends increasing the scope of work for the contract by combining this project (FY 2000-2001) with the current year's project (FY 2001- 2002) which would allow greater flexibility in the use of budgeted funds by increasing the amount of installation work, inducing better submitted bids from each contractor and reducing administration costs. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chun Vista does hereby reject bids for "The Installation of Internally Illuminated Street Name Signs, FY 2001-2002" (TF279). Presented by Approved as to form by John P. Lippitt J, of:u'f M. Kaheny ~ Director of Public Works /,f~ity Attorney COUNCIL AGENDA STATEMENT Item Meeting Date 8/28/01 ITEM TITLE: Resolution Waiving the Consultant Selection Policy and Approving a Two Party Agreement Between the City of Chula Vista and Willdan for consulting services to update the Transportation and Interim SR 125 Development Impact Fee (DIF), authorizing the Mayor to execute said agreement and approving additional appropriations of $66,000 for the update of the DIF from the unappropriated/fund balances SUBMITTED BY: Director of Public Works '~ IL.. REVIEWED BY: City ManagerC*;,. e?' (4/5tbs Vote: Yes ~X No~ The Transportation and Interim SR 125 Development Impact Fee reports need to be updated to reflect changes due to the growth in Chula Vista and the delayed construction of SR 125. Staff recommends using Willdan to perform the services in order to follow the schedule set forth for the "Traffic Capacity Enhancements" program. RECOMMENDATION: That the City Council adopt the resolution waiving the Consultant Selection Policy, approving the agreement with Willdan, authorizing the Mayor to execute the agreement and appropriating funds for the work. ENVIRONMENTAL: The Environmental Review Coordinator has reviewed the item before the City Council and has determined that the approval of the consultant contract is not a project as defined by the California Environmental Quality Act (CEQA) Section 15378, and therefore is not subject to CEQA. DISCUSSION: City staffand a team of consultants, pursuant to Council approval on July 24, 2001 are working on a "Traffic Capacity Enhancement" plan to accommodate growth in the Eastern Territories. Part of this plan considers enhancing freeway interchanges at 1-805 and accelerating construction of certain roadways. These enhancements will impact the Transportation and/or SR 125 Development Impact Fee (DIF) programs. In order to allow funding via this vehicle, the cost of these enhancements need to be added, revised or updated in the DIF program. While the update of the SR-125 DIF is our primary concern, it is also prudent to include updated land use data and adjust for cost increases in the TransDiF program at the same time. With the underlying desire to come back to Council this calendar year with Cost/Benefit analysis for the Traffic Capacity Enhancement program, including its impact on our DIF program, staffpursued an informal bidding process to meet the targeted timeline and invited a ,,/ Page 2, Item ~7~ Meeting Date 8/28/01 limited number of local firms with demonstrated expertise and knowledge in Chula Vista's DIF program for consideration. In July, staff solicited proposals from two experienced firms, Willdan and Project Design Consultants (PDC), to update these DIF programs. These two consultants were chosen for consideration because these firms have updated the programs in the past and understand the complex, inter-related issues of the two DIF's. Staff conducted interviews and recommends Willdan be selected for this work. Willdan has extensive experience with the City's DIF program~ has experience with other agencies progran~s, has performed well when previously retained by the City of Chula Vista and has the resources to perform the work in the timeframes set forth. Staff has negotiated an agreement, pending Council approval, with Willdan for $ 66,000 ($ 6,000 in contingency) to provide final, updated reports for the Transportation and SR 125 DIF pro~'ams. It is anticipated that Willdan's work will be completed in November 2001. Willdan's completion of the reports depends on certain information being provided by City's "Traffic Capacity Enhancement" team. Should there be substantial delay in this information being provided, or if additional work is needed, the contingency of up to $6,000 may be used to complete the project. The resolution, provides that the City Manager may, at his discretion, authorize additional work and negotiate additional fees not to exceed $6,000. An appropriation of $66,000 from the unappropriated balances of the Transportation DIF and Interim SR-125 DIF funds is necessary if Council approves the agreement with Willdan. This work and associated cost is not currently in the approved budget for Fiscal Year 2001-02. Waiver of Consultant Selection Process: Pursuant to Sections 2.56.070 and 2.56.110 of the Municipal Code, a formal request for proposals is required regarding the selection process for architectural, engineering, et al, services for projects of an estimated cost in excess of $50,000. Staff recommends that the consultant selection process of Municipal Code Sections 2.56.070 and 2.56.110 be waived as impractical and potentially detrimental to the project's timelines. The proposed work is an integral part o£the overall "Traffic Capacity Enhancement" strategy and timing is critical to ensure that City thresholds are not exceeded. As stated above, Willdan has the expertise, history and resources to perform the work efficiently and on schedule, it is stafl's recommendation that it is in the City's best interest to waive the consultant selection process and retain the services of Willdan. // Page 3, Item ~f Meeting Date 8/28/01 FISCAL IMPACT: Approval of this item appropriates $ 33,000 from the Transportation Development Impact Fee Fund and $33,000 from the Interim SR 125 Development Impact Fee Fund. Staff costs involved with the project with the project will be reimbursed through the DIF programs and current budget. Attachment A: Traffic Capacity Enhancement Map Attachment B: Agreement J:\engineer\aGENDA\TDlFUpdateWilldan.dds.doc File #0725~30-HX001 ATTACHMiEN} .... Parties and Recital Page(s) Agreement between City of Chula Vista and Willdan for Consulting Services to Update the Transportation and Interim SR 125 Development Impact Fee Programs This agreement ("Agreement"), dated for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, City desires to update its Transportation and Interim SR 125 Development Impact Fee programs; and, Whereas, City waived the Consultant Selection Policy as impractical and to be in the City's best interest to do so; and, Whereas, City staff informally requested bids from experienced consulting firms to perform the work and; and, Whereas, Willdan submitted a proposal to provide professional consulting services for updating the Transportation and Interim SR 125 Development Impact Fee programs; and, Whereas, City recommends the firm of Willdan to perform the work as the most qualified consulting firm; and, Whereas, City recommends Willdan because Willdan has extensive experience with our Development Impact Fee programs and other agency's programs and has performed well when previously retained by the City; and, 2pty13.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 1 S:\Projects\Chula Vista TDIF\TDIFupdateFINAL.doc August 20, 2001 FINAL Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory Provisions.) 2pty13.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 2 S:\Projects\Chula Vista TDIF\TDIFupdateFINAL.doc August 20, 2001 FINAL Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. 2pty13.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 3 S:\Projects\Chula Vista TDIF\TDIFupdateFINAL.doc August 20, 2001 FINAL E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the, approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises (~wned or rented by Consultant, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. 2pty13.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 4 S:\Projects\Chula Vista TDIF\TDIFupdateFINAL.doc August 20, 2001 FINAL H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide 2pty13.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 5 S:\Projects\Chula Vista TDIF\TDIFupdateFINAL.doc August 20, 2001 FINAL direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. 2pty13.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 6 S:\Projects\Chula Vista TDIF\TDIFupdateFINALdoc August 20, 2001 FINAL Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar · day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant ~s designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. 2pty13.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 7 S:\Projects\Chula Vista TDIF\TDIFupdateFINAL.doc August 20, 2001 FINAL Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the 2pty13.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 8 S:\Projects\Chula Vista TDIF\TDIFupdateFINAL.doc August 20, 2001 FINAL conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 2pty13.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 9 S:\Projects\Chula Vista TDIF\TDIFupdateFINAL.doc August 20, 2001 FINAL 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by givir~g' ' specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material 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 Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited 2pty13.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 10 S:\Projects\Chula Vista TDIF\TDIFupdateFINAL.doc August 20, 2001 FINAL to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. 2pty13.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 11 S:\Projects\Chula Vista TDIF\TDIFupdateFINAL.doc August 20, 2001 FINAL C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing LawNenue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [end of page. next page is signature page.] 2pty13.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 12 S:\Projects\Chula Vista TDIF\TDIFupdateFINAL.doc August 20, 2001 FINAL Signature Page to Agreement between City of Chula Vista and Willdan for Consulting Services to Update the Transportation and Interim SR 125 Development Impact Fee Programs IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: ,200__ City of Chula Vista by: Shirley Horton, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Joh~ M?~'r-~heny, City AttornL~ B~u~ ' ' ent Exhibit List to Agreement (X) Exhibit A. 2pty13.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 13 S:\Projects\Chula Vista TDIF\TDIFupdateFINAL.doc August 20, 2001 FINAL Exhibit A to Agreement between City of Chula Vista and Willdan 1. Effective Date of Agreement: 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California ( ) Industrial Development Authority of the City of Chula Vista, a ( ) Other: ., a [insert business form] ("City") 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Willdan Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 2pty13.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 14 S:\Projects\Chula Vista TDIF\TDIFupdateFINAL.doc August 20, 2001 FINAL 9275 Sky Park Court, Suite 110 San Diego, California 92123 Voice Phone (858) 467-6950 Fax Phone (858) 467-1346 7. General Duties: The Consultant shall complete necessary tasks, as assigned by the City Engineer to update the Transportation and Interim Development Impact Fee Programs ("Project"), to the satisfaction of the City Engineer. 8. Scope of Work and Schedule: A. Detailed Scope of Work: Task 1: Project Management The Consultant shall assign Tom Bandy, as Consultant's employee, as project manager to assemble and coordinate consultant staff resources to perform the work in a timely and effective manner. The Consultant shall meet with City and others as City deems necessary to complete the work. Task IA: Gather Relevant Studies And Information a. Consultant, through Tom Bandy, shall achieve an understanding and thorough knowledge of the study area and transportation improvements together with relevant City policies and programs. b. Consultant, through Tom Bandy, shall obtain all pertinent Project documents for review. Consultant shall make copies of such documents when necessary and appropriate. At a minimum, the documents will include the Eastern Area Development Impact Fees for Streets report dated October 25, 1999; the Interim State Route 125 Facility Feasibility Study report dated May 1993; various roadway cost estimates and plans; Directives and Procedures; and other relevant documents. c. Consultant, through Tom Bandy, shall meet at least once with City staff to identify and collect the necessary documents. d. Consultant, through Tom Bandy, shall compile a bibliography of resource documents and hard copies provided to the Consultant. Task lB: Provide Ongoing Project Management To Meet Schedules And Milestones 2pty13.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 15 S:\Projects\Chula Vista TDIF\TDIFupdateFINAL.doc August 20, 2001 FINAL a. Consultant, through Tom Bandy, shall provide ongoing project management to develop and meet schedules and milestones to ensure that the project is properly executed in a timely manner in accordance with the Agreement. b. Consultant, through Tom Bandy, shall oversee the work being performed pursuant to the Agreement. Consultant shall oversee the schedule of work and take necessary steps to move the project toward timely completion while ensuring that all identified issues are addressed to the satisfaction of the City Engineer. Consultant shall communicate with the City's designated Contract administrator or his designee at least once per week regarding the status of Consultant's work effort, issues, and the projected completion of deliverables. Consultant shall also take the lead when making presentations before the public, property owners, business community, and City Council. c. Consultant, through Tom Bandy, shall meet with City staff, at least twelve (12) times, or as required by the City, during the course of the Project to review Project milestones and receive and discuss input regarding on-going Project Management or other related issues. d. Consultant shall prepare and provide written bi-weekly status reports on all phases of the project to the City's project administrator or his designee. Task 2: Transportation Development Impact Fee (TDIF) Update The Consultant shall identify all transportation capital facilities necessary to support new development in the eastern territories and calculate an in lieu development fee that represents new development's fair share of the cost of such facilities. Task 2A: Identify Public Transportation Capital Facilities a. The Consultant shall identify eligible public transportation facilities that serve or will serve the project area and review these facilities with the City. b. The Consultant shall gather, catalogue and summarize existing reports, and relevant documents. Infrastructure reports shall be reviewed by Consultant's technical engineering staff. The October 25, 1999 TDIF report shall be used as the basis for updating the fee. c. The Consultant shall meet at least two (2) times with City staff to review the draft listing of facilities. d. The Consultant shall prepare and provide a final list(s) of eligible public transportation facilities incorporating City's input. Task 2B: Identify Future Development 2pty13.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 16 S:\Projects\Chula Vista TDIF\TDIFupdateFINAL.doc August 20, 2001 FINAL a. The Consultant shall identify the land uses and anticipated growth to take place through build out of the study area. b. The Consultant shall consider future development that is and will be creating the demand for the transportation facilities and will benefit from the transportation facilities upon their completion. The Consultant shall coordinate with the City to obtain this information from the City and City records. If City records are not sufficient or complete for this Project, the Consultant shall take the necessary steps to obtain the information. c. The Consultant shall meet at least two (2) times with City staff to review the land use information. d. The Consultant shall prepare and provide a list(s) of potential development that is expected to occur in the TDIF project area. Task 2C: Refine Facility Cost Estimates a. The Consultant shall obtain and update cost estimates for the identified facilities. b. The Consultant shall prepare a fee study to calculate current costs for eligible transportation facilities. The Consultant shall ensure that all facilities are accurately identified and up-to-date cost estimates are provided or calculated. c. The Consultant shall ensure that the TDIF reflects the most accurate costs in terms of transportation projects. The Consultant shall review the capital projects list and costs for the purpose of identifying project changes and new projects that should be added (i.e. changes in Hunte Parkway and Main Street alignments). Unit costs and cost extensions for each project shall be reviewed by Consultant. Cost f:actors will be updated and the Consultant shall calculate the revised costs. For purposes of this Agreement, it is anticipated that the majority of the TDIF facility costs will be updated using a construction index (i.e. ENR) factor. d. The Consultant shall meet at least two (2) times with City staff to review preliminary cost estimates. e. The Consultant shall prepare and provide spreadsheets for each facility listing the facility, its dimensions, special considerations, unit costs, and extended costs. Task 2D: Identify TDIF Credits and Reimbursements a. The Consultant shall prepare a matrix of TDIF credits, elJgible reimbursements, City funded TDIF projects and funding and relevant TM conditions and document any City/developer agreements affecting 'FDIF. 2pty13.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 17 S:\Projects\Chula Vista TDIF\TDIFupdateFINAL.doc August 20, 2001 FINAL b. The Consultant's TDIF analysis will require an identification of TDIF credits and eligible reimbursements as a means of documenting the flow of funds within the account. Using this analysis, the Consultant shall prepare and present Consultant's draft findings to the City in written summary memorandum and spreadsheets. c. The Consultant shall meet at least two (2) times with City staff to review the summary memorandum and spreadsheets. e. The Consultant shall provide a final credit matrix and eligible reimbursements summary incorporating City's input. Task 2E: Prepare Impact Fee nexus to Commercial/Industrial Developments a. The Consultant shall prepare a draft analysis for potential reduction in TDIF/SR125 DIF allocation for commercial and industrial development in compliance with Government Code 66000 et. seq. b. The Consultant shall investigate the feasibility of reducing the TDIF and SR125 DIF allocation for commercial and industrial land-uses using the trip generation relation between these types of land-use and residential land-use (i.e. trips that originate from residential traffic zones and terminate in commercial and/or industrial traffic zones or vise versa). c. The Consultant shall meet at least two (2) times with City staff to review the draft Impact Fee nexus report and to solicit staff input. d. The Consultant shall prepare final recommendations for TDIF rate for commercial and industrial developments with appropriate nexus findings which incorporate City input. Task 2F: Prepare Impact Fee Report a. The Consultant shall prepare an update to the October 1999 report in compliance with Government Code 66000 et. seq. b. The Consultant shall analyze the cost of transportation capital improvements needed for new development on an equivalent dwelling unit basis (EDU). The Consultant shall analyze if remaining project area development will provide adequate revenues to pay for required capital improvements. The Consultant's analysis shall conform to local and state law. The City shall provide all current databases, financial models, historical budgets and other relevant City data on an as needed basis. The Consultant shall further analyze the existing fee program in terms of efficiency of use, effectiveness of revenue generation, consistency of nexus findings, and equitability between land uses. From this analysis, the Consultant shall prepare and provide draft findings to the City in written summary memorandum form. 2pty13.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 18 S:\Projects\Chula Vista TDIF\TDIFupdateFINAL.doc August 20, 2001 FINAL c. The Consultant shall meet at least two (2) times with City staff to review the draft report and to solicit staff input. d. The Consultant shall prepare a final report incorporating City's input. e. The Consultant shall prepare both draft and final TDIF reports for the City to the satisfaction of the City Engineer. Task 3: Interim SR 125 Development Impact Fee (SR 125 DIF)Update The Consultant shall identify the interim SR 125 facilities necessary to support new development and calculate an in lieu development fee that represents new development's fair share of the cost of such facility. Task 3A: Identify Interim SR 125 Facilities a. The Consultant shall identify and prepare a draft listing of eligible Interim SR 125 facilities. b. The Consultant's analysis shall include the identification of the eligible Interim SR 125 facilities that serve or will serve the SR 125 DIF project area. The Consultant shall gather, catalogue, and summarize all existing reports and relevant documents. Infrastructure reports shall be reviewed by Consultant's technical engineering staff. The Interim SR-125 Facilities are a group of transportation facility enhancement projects necessary to meet the area growth in the event ultimate SR-125 is not built and includes some roadway and/or intersection improvements outside of the north/south corridor. The Consultant shall prepare a traffic capacity analysis for up to three alignments as identified by the City Engineer and intersections associated with Interim SR-125 Facility Study c. The Consultant shall meet at least one (1) time with City staff to review the draft listing(s) of eligible Interim SR 125 facilities. d. The Consultant shall prepare and provide a final listing(s) of eligible Interim SR 125 facilities incorporating City's input. Task 3B: Refine Facility Cost Estimates a. The Consultant shall update cost estimates contained in Interim SR 125 master plans and other relevant documents. b. The Consultant shall prepare a preliminary fee study to identify eligible public facilities and estimate their costs. The Consultant shall ensure that the facilities 2pty13.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 19 S:\Projects\Chula Vista TDIF\TDIFupdateFINAL.doc August 20, 2001 FINAL are accurately identified and up-to-date cost estimates are provided or calculated. c. The Consultant shall ensure that the SR 125 DIF report reflects the most accurate costs in terms of capital projects. The Consultant shall review the capital projects list and costs for the purpose of identifying project changes and new projects that should be added. The Consultant shall review unit costs and cost extensions for each SR 125 DIF project. Cost factors will be updated and the Consultant shall revise the costs. d. The Consultant shall meet at least one (1) time with City staff to review preliminary cost estimates e. The Consultant shall prepare and provide final spreadsheets for each facility listing the facility, its dimensions, special considerations, unit costs, and extended costs. Task 30: Prepare Impact Fee Report a. The Consultant shall prepare a draft and final development impact fee report in compliance with Government Code 66000 et. seq. b. The Consultant shall analyze the cost of transportation capital improvements needed for new development on an equivalent dwelling unit basis (EDU). The Consultant shall analyze if remaining SR '125 DIF project area development will provide adequate revenues to pay for required capital improvements. The Consultant's analysis shall conform to local and state law. The City shall provide all current databases, financial models, historical budgets and other relevant City data on an as needed basis. The Consultant will further analyze the existing fee program in terms of efficiency of use, effectiveness of revenue generation, consistency of nexus findings, and equitability between land uses. From this analysis, the Consultant will prepare and provide findings to the City in written summary memorandum form. c. The Consultant shall meet at least one (1) time with City staff to review the draft report and to solicit staff input. d. The Consultant shall prepare a final report incorporating all City input. e. The Consultant shall prepare both draft and final reports for the City to the satisfaction of the City Engineer. B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement 2pty13.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 20 S:\Projects\Chula Vista TDIF\TDIFupdateFINAL.doc August 20, 2001 FINAL ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No. 1: The Consultant shall prepare and deliver a draft TDIF Report on or before October 28, 2001 and shall prepare and deliver one copy of a final TDIF Report and one reproducible copy of a final TDIF Report on or before November 28, 2001 all to the satisfaction of the City Engineer (Task 2). The Consultant shall also provide the Reports in digital format to the satisfaction of the City Engineer. The City Manager may at his sole discretion, extend the dates for completion. Deliverable No. 2: The Consultant shall prepare and deliver a draft Interim SR 125 DIF Report on or before October 28, 2001 and shall prepare and deliver one copy of a final Interim SR 125 DIF Report and one reproducible copy of a final Interim SR 125 DIF Report on or before November 28, 2001 all to the satisfaction of the City Engineer (Task 3). The Consultant shall also provide the Reports in digital format to the satisfaction of the City Engineer. The City Manager may, at his sole discretion, extend the dates for completion. D. Date for completion of all Consultant services: The Consultant shall complete all tasks identified in paragraphs 7 and 8 of this Exhibit A of the Agreement by November 28, 2001, unless otherwise extended in writing by the City Manager. 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. ( ) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). (X) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: The City shall provide documents for copying to include the current TDIF and SR 125 DIF reports, ordinances, directives and procedures, land use information on an as needed basis. 11. Compensation: A. ( ) Single Fixed Fee Arrangement. 2pty13.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 21 S:\Projects\Chula Vista TDIF\TDIFupdateFINAL.doc August 20, 2001 FINAL For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: ( X ) Single Fixed Fee Amount: Up to but not to exceed $ 66,000, payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee 1. Signing of this Agreement by all parties $12,000 2. Deliverable No. 1 $24,000 3. Deliverable No. 2 $24,000 4. Contingency $ 6,000 Upon written approval by the City Manager, Additional Services may be performed by Consultant for additional fees not to exceed $6,000. Use of the contingency is at the sole discretion of the City Manager. ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. ( ) Phased Fixed Fee Arrangement. 2pty13.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 22 S:\Projects\Chula Vista TDIF\TDIFupdateFINAL.doc August 20, 2001 FINAL For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. $ 2. $ 3. $ ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. ( ) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: 2pty13.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 23 S:\Projects\Chula Vista TDIF\TDIFupdateFINAL.doc August 20, 2001 FINAL (1) ( ) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will per[orm all of the Defined Services herein required of Consultant for__ including all Materials, and other "reimbursables" ("Maximum Compensation"). (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Rate Schedule Category of Employee Hourly of Consultant Name Rate ( ) Hourly rates may increase by 6% for services rendered after [month], 19 , if delay in providing services is caused by City. 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (X) None, the compensation includes all costs. 2pty13.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 24 S:\Projects\Chula Vista TDIF\TDIFupdateFINAL.doc August 20, 2001 FINAL Cost or Rate ( ) Reports, not to exceed $ ( ) Copies, not to exceed $ ( ) Travel, not to exceed $ ( ) Printing, not to exceed $ ( ) Postage, not to exceed $ ( ) Delivery, not to exceed $ ( ) Long Distance Telephone Charges, not to exceed $ ( ) Other Actual Identifiable Direct Costs: , not to exceed $ 13. Contract Administrators: City: Sohaib Al-Agha Consultant: Tom Bandy 14. Liquidated Damages Rate: ( ) $ per day. ( ) Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: ( X ) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer Category No. 1. Investments and sources of income. Category No. 2. Interests in real property. Category No. 3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. Category No. 4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. 2pty13.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 25 S:\Projects\Chula Vista TDIF\TDIFupdateFINAL.doc August 20, 2001 FINAL ( ) Category No. 5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) Category No. 6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No. 7. Business positions. ( ) List "Consultant Associates" interests in real properly within 2 radial miles of Project Property, if any: 16. ( ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: None 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: ( ) Monthly ( ) Quarterly (X) Other: Milestones B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month ( ) 15th Day of each Month ( ) End of the Month (X) Other: Milestones C. City's Account Number: Transportation DIF and Interim SR 125 DIF accounts 2pty13.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 26 S:\Projects\Chula Vista TDIF\TDIFupdateFINAL.doc August 20, 2001 FINAL 19. Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type:. Amount: $ (X) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: (X) Retention Percentage: 10% ( )Retention Amount: $ Retention Release Event: ( ) Completion of Ail Consultant Services (X) Other: Upon completion and delivery of the Final TDIF and SR 125 DIF Reports and digital files to the satisfaction of the City Engineer or other Retention Release Event as determined in the sole discretion of the City Engineer. 2pty13.wp Standard Form Two Party Agreement (Thirteenth Revision) May 25, 1999 Page 27 S:\Projects\Chula Vista TDIF\TDIFupdateFINAL.doc August 20, 2001 FINAL RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIViNG THE CONSULTANT SELECTION POLICY AND APPROViNG A TWO PARTY AHREEMENT BETWEEN THE CITY OF CHULA VISTA AND WILLDAN FOR CONSULTING SERVICES TO UPDATE THE TRANSPORTATION AND INTERIM SR 125 DEVELOPMENT IMPACT FEE (DIF), AUTHORIZiNG THE MAYOR TO EXECUTE SAID AGREEMENT AND APPROVING ADDITIONAL APPROPRIATIONS OF $66,000 FOR THE UPDATE OF THE DIF FROM THE UNAPPROPRIATED FUND BALANCES WHEREAS, the Transportation and Interim SR 125 Development Impact Fee reports should be updated to reflect changes due to the growth in Chula Vista and the delayed construction of SR 125; and WHEREAS, pursuant to Sections 2.56.070 and 2.56.110 of the Municipal Code, a formal request for proposals is required regarding the selection process for architectural, engineering, et al, services for projects of an estimated cost in excess of $50,000; and WHEREAS, City staff and a team of consultants, pursuant to Council approval on July 24, 2001 are working on a "Traffic Capacity Enhancement" plan to accommodate growth in the Eastern Territories; and WHEREAS, in July, staff solicited proposals from two experienced firms, Willdan and Project Design Consultants (PDC), to update these DIF programs because these firms have updated the programs in the past and understand the complex, inter-related issues of the two DIF's; and WHEREAS, staff conducted interviews and recommends Willdan be selected for this work in that Willdan has extensive experience with City's DIF program, has experience with other agencies programs, has performed well when previously retained by the City of Chula Vista and has the resources to perform the work in the timeframes set forth; and WHEREAS, staff has negotiated an agreement, pending Council approval, with Willdan for $ 66,000 ($ 6,000 in contingency) to provide final, updated reports for the Transportation and SR 125 DIF programs WHEREAS, the City Manager, at his discretion, by means of the agreement, may authorize additional work and negotiate additional fees not to exceed $6,000; and WHEREAS, staff recommends using Willdan to perform the services in order to follow the schedule set forth for the "Traffic Capacity Enhancements" program; and WHEREAS, the Environmental Review Coordinator has reviewed the item before the City Council and has determined that the approval of the consultant contract is not a project as defined by the California Environmental Quality Act (CEQA) Section 15378, and therefore is not subject to CEQA; and WHEREAS, staff recommends that the consultant selection process of Municipal Code Sections 2.56.070 and 2.56.110 be waived as impractical and potentially detrimental to the project's timelines in that the proposed work is an integral part of the overall "Traffic Capacity Enhancement" strategy and timing is critical to ensure that City thresholds are not exceeded and Willdan has the expertise, history and resources to perform the work efficiently and on schedule; and WHEREAS, it is staff's recommendation that it is in the City's best interest to waive the consultant selection process and retain the services of Willdan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby waive the Consultant Selection Policy for the reasons set forth above, and approve a Two Party Agreement between the City of Chula Vista and Willdan for consulting services to update the Transportation and Interim SR 125 Development Impact Fee (DIF) reports, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the final agreement on behalf o f the City of Chula Vista. BE IT FURTHER RESOLVED that $33,000 is hereby appropriated from the Transportation Development Impact Fee Fund and $33,000 is hereby appropriated from the interim SR 125 Development Impact Fee Fund for the update of the DIF reports. Presented by Approved as to form by Director of Public Works City Attorney J:\attomey\reso\ willdan SR 125 DIF COUNCIL AGENDA STATEMENT Item . , Meeting Date 8/28/01 ITEM TITLE: Resolution Approving Change Order No. 5 for the "Olympic Parkway Street Improvements, Oleander Avenue to Brandywine Avenue" (ST- 344) Project and Authorizing the Director of Public Works to Execute Said Change Order on Behalf of the City SUBMITTED BY: Director of Public Works~,~/~// REVIEWED BY: City Manager~o9 (4/5ths Vote: Yes No X ) On November 14, 2000, the City Council approved Resolution No. 2000-416 awarding a contract to West Coast General Corporation, for the "Olympic Parkway Street Improvements, Oleander Avenue to Brandywine Avenue," (CIP Project No. ST-344). Change Order No. 5 (Attachment 1) is for right-of- way and adjacent (northerly) open space landscaping work, which was not originally included in the project design, but was part of the project scope and budget authorized in the Capital Improvement Program by City Council RECOMMENDATION: That Council approve the resolution approving Change Order No. 5 for CIP Project No. ST-344, "Olympic Parkway Street Improvements, Oleander Avenue to Brandywine Avenue", increasing the contract by $550,878, extending the total contract time by 40 days, and authorizing the Director of Public Works to execute said Change Order on behalf of the City BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Construction of Olympic Parkway between Brandywine Avenue and Oleander Avenue was originally planned for construction with the interchange improvements at Interstate-805. However, construction of this segment of Olympic Parkway was separated from the interchange project in order to match improvements under construction east of Brandywine. In order to expedite the opening of this vital segment of Olympic Parkway as quickly as possible, the construction contract was bid and awarded prior to the development of landscaping plans and specifications. Once construction of the street (roadway) improvements was underway and revisions to grading of the north slope were worked, the consultant designer was authorized to proceed with the development of comprehensive landscaping plans for the right-of-way and the adjacent (northerly) open space lot. These landscaping plans were completed in late-July. After considerable deliberation, the contractor has submitted a quote of $550,878 to perform the landscaping work. Staff has analyzed the contractor's quote and has determined that it is a good price based upon prior bids for similar work and upon City Landscape staff's estimate of $527,200. It must be noted that approximately $15,000 of the cost of the proposed change order will be offset by the elimination of temporary planting and erosion control from the base contract. The proposed Change Order will increase West Coast General Corporation's contract to $2,861,500, including prior change orders listed below. Page 2, Item .f~'~ Meeting Date 8/28/01 Action Description Authorization Amount Original (Base) Contractor's Base Bid as Awarded by City Council Res. 2000-416 $1,974,280 Contract Council on November 14, 2000 Change Order No. 1 Changes to Construction Phasing to Expedite Dir. of Public Works* $ 9,775 Construction and Opening of Olympic Parkway Change Order No. 2 Traffic Signal at Concord Way Council Res. 2001-186 $ 152,017 Change Order No. 3 Revisions to South Side Sound Wall Council Res. 2001-186 $ 125,000 Change Order No. 4 Interim Traffic Signal at Oleander Avenue Dir. of Public Works* $ 49,550 Change Order No. 5 Proposed Landscaping Improvements Proposed $ 550,878 Total $2,861,500 * Authorized by Director of Public Works in accordance with City Council Policy No. 574-01 At the time City Council approved Resolution No. 2001-186, the agenda report indicated that staffwas in the process of obtaining prices from the contractor to perform the landscaping work and that, after analyzing the contractor's quote, staff would make a recommendation to either amend the existing contract or to bid the landscaping work as a separate contract. At that time, the landscaping cost was estimated to be between $500,000 and $650,000. Staff recommends approval of the change order for the following reasons: 1. The contractor's quote is within 4.5 % of City Landscape staff's cost estimate; 2. The work can be accomplished more expeditiously under the current contract than by bidding the work separately; 3. The City's National Pollutant Elimination System (NPDES) General Storm Water Construction Permit for this project requires that slopes be planted with either temporary or permanent landscaping prior to the start of the rainy season, since the grading work is now done. 4. Additional, significant consultant and staff costs will be incurred in the preparation of full bid documents, advertising, evaluation of bids, and project start-up. 5. The contractor is on-site and can perform the work prior to the start of the rainy season. FISCAL IMPACTS: Permanent landscaping is part of the STM-344 project scope and budget authorized in the Capital Improvement Program by the City Council. The available balance in the STM-344 Project Account is sufficient to cover the cost of proposed Change Order No. 5. This roadway is not within an Open Space Maintenance District. Therefore, maintenance and irrigation of the landscaping will be paid with General Funds at an estimated annual cost of $30,000. Attachment 1: Proposed Change Order No. 5 /kpa J:\Engineer\AGENDA\STM-344_CCO5. 113,doc 08/21/2001 10:40 AM CIIY OF CHUIA VISTA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION ORDER NO. 5 August 17, 2001 0735-10-STM-344 OLYMPIC PARKVVAY IMPROVEMENTS, OLEANDER AVE TO BRANDYVVlNE AVE IN THE CITY OF CHULA VISTA, CA WEST COAST GENERAL, CORP. changes shall be made to the above referenced contract between the CITY OF and WEST COAST GENERAL, CORP. (Contractor): shall install landscaping in and around Olympic Parkway from Oleander to Brandywine per the plans and specification provided at the prices agreed upon below: North side landscape: No. Iltem Description ]Est. Oty. lUnitI Unit Cost r Est. Total $ 1 Maintenance Period (12 month) 115,000 SF $0.0~ $5,750.00 2 Hydroseed Mix 'A' 34,000 SF $0.1,~ $4,420.00 3 Hydroseed Mix'B' 77,000 SF $0.1,~ $10,010.00 4 Liners Heteromeles arbutifolia 889 EA $2.5(; $2,222.50 5 Liners Isomeris arborea 3,557 EA $2.5(~ $8,892.50 6 Liners Lucium andersonii 889 EA $2.5(; $2,222.50 7 Liners Malosma laurinia 889 EA $2.5£ $2,222.50 8 Liners Prunus ilicifolia 889 EA $2.5£ $2,222.50 9 Liners Rhamnus crocea 889 EA $2.5£ $2,222.50 10 Liners Ribes speciosum 3,557 EA $2.5£ $8,892.50 11 Liners Rhus intergrifolia 889 EA $2.5£ $2,242.50 12 Liners Salvia munzii 3,557 EA $2.5£ $8,892.50 13 Liners Simmondsiachinensis 3,557 EA $2.5£ $8,892.50 14 Topsoil 105 CY $25.0(~ $2,625.00 15 Soil Amendments & Finish Gradin~ 115,000 SF $0.26 $28,750.00 16 Mulch (3"Deep) 52 CY $50.0(~ $2,600.00 1-gallon shrubs (Arlemisia 17 salifornica 'Canyon Grey') 379 EA $7.5£ $2,842.50 18 l-gallon shrubs (Cistus purpureus', 320 EA $7.5C $2,400.00 1 of 4 276 FOURTH AVENUE / CHULA VISTA, CALIFORNIA 91910-2631 / (619) 691-5021 STM-344 1-gallon shrubs (Lantana 19 montevidensis) 690 EA $7.50 $5,175.0£ l-gallon shrubs (Rosmarinus 20 officinalis 'Collingwood Ingram') 1,072 EA $7.5(3 $8,040.0(: 21 l-gallon shrubs (Rubrus ursinus) 93 EA $7.5(3 $697.5(: 5-gallon shrubs (Heteromeles 22 arbutifolia) 146 EA $30.0(3 $4,380.0(: 5-gallon shrubs (Rhaphiolepis indica 23 'Clara') 272 EA $30.00 $8,160,0(: 24" box trees (Chitalpa 24 [ashkentensis) 4 EA $320.0(3 $1,280.0(: 25 24" box trees (Plantanus acerfolia) 24 EA $320.0(3 $7,680.0(: 26 24" box trees (Quercus agrifolia) 35 EA $320.0(] $11,200.0£ 27 VlSS Signage 4 EA $750.0(3 $3,000.0£ 28 Irrigation Controller 1 EA $8,500.00 $8,500.0£ 29 Irrigation System (Below Ground) 115,000 SF $1.34 $154,100.0(: Irrigation System (Drip on Plantable 30 A/all) 2,000 LF $5.87 $11,740.0(: Irrigation Controller Enclosure 31 .~abinet (Double) I EA $1500.00 $150~0£ Sackflow Preventer Assembly and 32 ---nclosure 1 EA $2,200.00 $2,200.0(; ]-elecommunications service & 33 :onnection to controller I EA $4,000.00 $4,000.0(~ Subtotal 'a' $393,891.0(3 South side landscape: No. Iltem Description lest. Qt~.lUnitl Unit Cost I Est. Total$ 1 t, laintenance Period (12 Month) 16,650 SF $0.10 $1,665.00 2 ]'opsoil 179 CY $25.00 $4,475.00 3 Soil Amendments & Finish Grading 16,650 SF: $0.25 $4,162.50 4 Vlulch (3' Deep) 89 CY $50.00 $4,450.00 5 1-gallon shrubs (Ficus repens) 73 EA i $7.00 $511.00 l-gallon shrubs (Rosmarinus 6 ~fficinalis 'Collingwood Ingram') 1,289 i EA $7.00 $9,023.00 ~-gallon shrubs (Carissa 7 ~nacrocarpa) 478 EA $25.00 $11,950.00 8 ,5-gallon shrubs (Grevillea 'Noellii') 134 EA $25.00 $3,350.00 2 of 4 CITY OF CHULA VISTA STM-344 9 24" box trees (Hakea laurina) 47 EA $320.0(3 $15,040.00 10 Retrofit Existing irrigation system 1 LS $3,500.0(; $3,500.00 11 Irrigation System 16,650 SF $1.3(; $21,645.00 Telecommunications service and 12 connection to controller 1 EA $3,000.0(; $3,000.00 Electrical service meter & stainless 13 cabinet I EA $5,000.0(; $5,000.00 14 Irrigation Controller I EA $5,000.0(3 $5,000.00 Subtotal 'b $92,771.50 Median landscape No. Iltem Description lEst. Qty. lUnitl Unit Cost I Est. Tota, $ 1 Median PCC stamp concrete 8,200 SF $6.97 $57,154.0( 2 Median Drainage system (East) 650 LF $8.0(; $5,200.0( 3 Median Drainage system (West) 850 LF $8.0(~ $6,800.0(: Connection to existing storm drain 4 risers with clean-out & box 2 EA $750.0(; $1,500.0[ Light Standard Banner Brackets (2 5 3er Standard) 8 EA $320.0(; $2,560.0(: 6 Irrigation System 5,950 SF $1.2(; $7,140.0( 7 Maintenance Period (12 Month) 5,950 SF $0.10 $595.0¢ 8 Topsoil 110 CY $25.00 $2,754.63 9 Soil Amendments & Finish Grading 5,950 SF $0.25 $1,487.5(; 10 Mulch (3" Deep) 55 CY $50.00 $2,754.63 l-gallon shrubs (Agapanthus 11 africanus 'Blue') 1,1 I0 EA $7.00 $7,770.0(3 l-gallon shrubs (Hemerocallis t2 Hybrid) 40 EA $7.00 $280.0(; l-gallon shrubs (Pelargonium 13 ~eltatum) 190 EA $7.00 $1,330.00 5-gallon shrubs (Phormium tenax 14 Bronze Baby') 115 EA $25.00 $2,875.00 5-gallon shrubs (Pittosporum 15 :rassifolium'Compacta') 606 EA $25.00 $15,150.00 16 24" box trees (Cassia leptophylla) 13 EA $320.00 $4,160.00 Subtotal 'c' $132,310.76 Subtotal 'a'[ $338,605.00 Subtotal 'b'[ $92,771.50 Subtotal 'c'l $119,501.50 TOTAL BID/ PRICE~ $550,878.00 3 of 4 CITY OF CHULA VISTA Olympic Parkway, STM-344 Change Order #5 This contract change order will add 40 working days to the contract. ORIGINAL CONTRACT PRICE: $1,974,280.26 PREVIOUS CHANGE ORDERS: $336,341.70 THIS CHANGE ORDER (estimated): ~550,878.00 REVISED TOTAL CONTRACT PRICE: $2,861,499.96 The agreed upon lump sum prices include all costs for furnishing all tools, labor, materials, equipment, incidental costs, traffic control, profit, overhead and fees for performing the work in this contract change and no additional compensation will be due. It is agreed by the undersigned that this work shall be performed and materials furnished in accordance with the original contract, Green Book specifications, newly provided plans and specifications, and applicable standard drawings. ORDERED BY ACCEPTED BY APPROVED BY CLIFFORD L. SWANSON DAVID DAVEY JOHN P. LIPPITT Deputy Dir. of Public Works/ Vice President Director of Public Works City Engineer West Coast General Corp J:~Engineer~lNSPECTV~a-inspec~rs\BYRON\OLYMPlC PKWY~Oly Pkwy cco #5.doc 4 of 4 CITY OF CHULA VISTA RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDER NO. 5 FOR THE "OLYMPIC PARKWAY STREET IMPROVEMENTS, OLEANDER AVENUE TO BRANDYWiNE AVENUE" (ST- 344) PROJECT AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY WHEREAS, on November 14, 2000, the City Council approved Resolution No. 2000- 416 awarding a contract in the amount of $1,974,280 (plus contingencies of $394,856) to West Coast General Corporation, for the "Olympic Parkway Street Improvements, Oleander Avenue to Brandywine Avenue," (CIP Project No ST-344); and WHEREAS, in order to open this vital segment of Olympic Parkway as early as possible, the construction contract was bid and awarded prior to completing the landscaping plans; and WHEREAS, Change Order No. 5 is for right-of-way and adjacent (northerly) open space landscaping work, which was not originally included in the project design, but is part of the project scope authorized in the Capital Improvement Program by the City Council; and WHEREAS, Change Order No. 5, in the amount of $618,973.26, to perform the landscaping work has been analyzed by staff and has been determined to be a good price based upon prior bids for similar work. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve Change Order No. 5 for the "Olympic Parkway Street hnprovements, Oleander Avenue to Brandywine Avenue" (ST-344) Project increasing the contract by $618,973.26. BE IT FURTHER RESOLVED that the Director of Public Works is hereby authorized to execute said change order 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~Attomey ~ J:\aHol ney\reso\Olympic Parkway CO 5 COUNCIL AGENDA STATEMENT Item Meeting Date 8/28/01 ITEM TITLE: Report on Request for Technical Proposals (RFTP) and Price Bids for Operation of Chula Vista Transit (CVT) and maintenance of CVT Bus Fleet SUBMITTED BY: Director of Public Works REVIEWED BY: City Manager iv (4/5ths Vote: Yes__No J( ) The last RFP to solicit proposals for operations of CVT and maintenance of the CVT fleet was issued in February 1993. As a result of the Request for Proposal (RFP) process, San Diego Transit was selected as the CVT contract operator for a three-year term. Since then three extensions to the agreement have been approved by Council with the latest being on February 2001. Our current agreement terminates on June 30, 2002. In a cooperative effort Transit staff has been working with Metropolitan Transit Development Board (MTDB) staff to develop and issue an RFTP in a two-step bidding process with a service start date of July 1, 2002. RECOMMENDATION: That Council: 1. Accept this report; 2. Authorize staff to issue an RFTP for CVT operations and maintenance, for 5-year base term and 2-year option terms, in a cooperative effort with MTDB; 3. Include a responsible wage policy based on elements found in MTDB's Policy 32, Section 32.10. excluding Subsection f; and 4. Accept the make up of the Technical Review Committee as adopted by MTDB BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: In order to increase efficiency and reduce stafftime City Transit staff is working with MTDB to develop and issue an RFTP. Both CVT's and MTDB's existing transit contracts expire on June 30, 2002. Both Transit staffs see this as an opportunity to increase cooperation between our transit agencies and reduce procurement costs. Bid Process and Schedule Transit staff is recommending adoption of the two-step bidding process currently used by MTDB. This bidding process has been successfully used, whereby transit firms submit a technical proposal and, if qualified, are moved to the second step where price bids are opened and the lowest responsive and responsible bidder is awarded the contract. MTDB has been successful in maintaining high quality and cost effective transit service using this method over the last two decades without any s~gmficant bidder protests. Item ~ Meeting Date 8/28/01 Attached for Council's information (Attachment 1) is the proposed Technical Qualification Criteria Table, which will be used to qualify the prospective bidders. Both the City and MTDB will be issuing and awarding the RFTP independently, but for efficiency, MTDB and City Transit staff recommends a single Technical Review Committee be formed to review both agency's proposals based on the Technical Qualification Criteria (Attachment 1). Committee will be composed of staff from the City of Chula Vista, MTDB, and as well as other Transit/Planning agencies. A tentative schedule has been developed for the implementation of the competitive bidding process as follows: Issue RFTP's and Price Bids September 2001 Prebid Meeting October 2001 Technical Proposals and Price Bids Due November 2001 Technical Evaluation November 2001 Open Price Bids of Qualified Firms November 2001 Council Award December 2001 or January 2002 Contract Executed January 2002 Contractor Begins Service July 1, 2002 Responsible Wage Policy Transit staff recommends that the proposed RFTP for CVT services include a responsible wage and benefits clause based on MDTB's Policy 32, Section 32.10. Policy 32 sets minimum wage and benefits requirements for vehicle drivers operating under a transit service contract. The purpose of this requirement is to: retain fully trained, qualified and experienced drivers; to provide a high level of quality transit service to the transit patrons; and to reduce absenteeism and driver turnover. Policy 32's Section 32.10 and wage table is attached for Council's information (Attachment 2). Transit staff recommends that Policy 32's, Subsection f. of Section 32.10 not be adopted by Council in order to safeguard driver wages. Subsection f. exempts proposers and contractors whose drivers are subject to a collective bargaining agreement from the responsible wage policy. If the situation arises where the successful proposer has an existing bargaining agreement with a lower wage and benefit scale than the minimum set by Policy 32, CVT and its drivers would not benefit from the intent of setting a minimum responsible wage. FISCAL IMPACT: At the time of award this contract would contain no City of Chula Vista General Fund contribution. The CVT operating and maintenance contract costs will be funded by MTS pooled TDA Article 4.0 funds. ATTACHMENTS: 1) Technical Qualification Criteria Table 2) Policy 32's Section 32.10 and wage table File: DS-027/035 Attachment I 11. EVALUATION OF TECHNICAL PROPOSALS (STEP 1) In Step One of the process, all timely Technical Proposals will be examined by a Technical Qualification Evaluation Committee to determine if the qualifications outlined on page A-12 through A-15 are met. Qualifications will be judged on a pass/fail basis. The Technical Proposals will be categorized as acceptable or unacceptable based on a combination of mandatory and other criteria. Mandatory criteria must be met in order for Proposer to be considered. An 80 percent or higher score must be achieved in other criteria. The Technical Proposal is therefore acceptable when passing all mandatory criteria and when achieving 80 percent or greater on the additional criteria. If a Proposer fails any category and their Technical Proposal is considered acceptable, then the Proposer will be contractually required to achieve full compliance of all contract requirements by the time the contract is executed. Successful Proposer must be able to provide written verification of ability to comply with any of the additional criteria by a date to be determined prior to contract award (if necessary). Should the successful Proposer be unable to provide such verification, MTDB and COUNTY may elect to award the contract to the second-lowest responsive, responsible bidder. The Technical Qualification Evaluation Committee's recommendation will then be forwarded to the MTDB General Manager. The MTDB General Manager will make a final determination for recommendation to the COUNTY Board of Supervisors or to the MTDB Board of Directors, whichever is appropriate under the circumstances, based on the information provided by the Technical Qualification Evaluation Committee and other factors as deemed appropriate. If a firm's Technical Proposal (Step 1) is deemed unacceptable, the Proposer shall be notified in writing of the qualification deficiencies and their sealed Price Bid (Step 2) shall be returned unopened, with no further consideration for award. MTDB reserves the right to waive any minor bid irregularities. MTDB also reserves the right to request clarification, hold interviews, and/or request additional information from a Proposer, if necessary. Attached is the Technical Qualification Criteria Table used by MTDB for evaluation of the County Transit System's proposal. The same criteria with some modifications will be used for CVT's proposal evaluation. TECHNICAL QUALIFICATIONS CRITERIA TABLE EAST COUNTY SUBURBAN FIXED-ROUTE BUS SERVICE Qualification Pass Fail Criteria 1. Experience of Firm MANDA TORY CRITERIA The firm (or general partner of the The firm (or general partner of the firm) must have three (3) or more firm has less than three (3) years years recent and relevant experience recent and relevant experience in in providing regularly scheduled providing regularly scheduled fixed- fixed-route public transit servlce, route public transit service. This service must be similar in size, Experience not similar in size, scape, scope, and complexity (routes, miles, and complexity (routes, miles, hours, hours, vehicles, etc.) to the vehicles, etc.) to the requested requested service, service vehicles, etc.). 2. Experience of Staffto be Assigned to this Project 2.1 Responsible Management Five (5) or more years of recent and Less than five (5) years of recent and Individual relevant direct experience managing relevant direct experience managing MANDA TORY CRITERIA all aspects of a public transit service all aspects of a public transit service. similar in scope and complexity Not similar in scope and complexity (routes, miles, hours, vehicles, etc.) (routes, miles, hours, vehicles, etc.). to the requested service. (See: Exhibit "A") 2.2 On-Site Manager Five (5) or more years general Less than five (5) or years MANDATORY CRITERIA overall experience managing experience managing I regularly regularly scheduled, fixed-route scheduled, fixed-route public bus public bus transit service similar in transit service. Not similar in size, siz(~, scope, and complexity (routes, scope, and complexity (routes, miles, hours, vehicles, etc.) miles, hours, vehicles, etc.) (See: Exhibit "A") 2.3 On-Site Fleet Maintenance Five (5) or more years experience Less than five (5) or more years Manager managing 2 the maintenance experience managing 3 the ADDITIONAL CRITERIA 20% functions of a diesel shop similar in maintenance functions of a diesel scope and complexity to the shop. Not similar in scope and requested service. This experience complexity. Experience does not must include work on full-sized diesel include work on full-sized diesel transit coaches. (See: Exhibit '%") transit coaches. 2.4 Operations Manager (Assistant Provide detailed skills, experience Does not adequately describe skills, On-Site Manager) and attributes to be demanded of the experience and attributes to be ADDITIONAL CRITERIA 5% individual(s) to be assigned. (See demanded of the individual(s) to be Exhibit "A") assigned. 2.5 Driver Trainer Provide detailed skills, experience Does not adequately descdbe skills, ADDITIONAL CRITERIA 5% and attributes to be demanded of the experience and attributes to be individual(s) to be assigned. (See demanded of the individual(s) to be Exhibit "A") assigned. ~ Managing involves having direct supervisory responsibility for staff, operations and/o~ maintenance personnel. 2 Managing involves having direct supervisory responsibility for maintenance personnel. Qualification Criteria Pass Fail 2.6 Road Supervisors Provide detailed skills, experience Does not adequately describe skills, ADDITIONAL CRITERIA 5% and attributes to be demanded of the experience and attributes to be individual(s) to be assigned. (See: demanded of the individual(s) to be Exhibit "A") assigned. 3. Facilities Improvement Plan 3.1 Facilities Improvement Plan Provide details of a process for Does not adequately descdbe the ADDITIONAL CRITERIA 10% implementation of the required facility improvements plan. facilities improvement plan. Provide Insufficient scheduling of for the functional analysis of the improvements and construction different operating, maintenance, schedule. Lack of a functional and administrative functions, analysis for locating functions. Provide a detailed schedule for facility improvements. 3.2 Facilities Usage A statement that the facilities are to No statement regarding the exclusive use ADDITIONAL CRITERIA 5% be used exclusively for services of thc facilities identified for services described in this proposal, described in this proposal. 4. Implementation, System Management and Vehicle Maintenance Plans 4.1 Implementation Plan Comprehensive, detailed plan No comprehensive, detailed ADDITIONAL CRITERIA 5% showing how all start-up tasks (e.g., implementation plan described. The hiring and training personnel, plan is not complete or is facilities preparation, and vehicle unreasonable. No contingency plan. preparation). The plan should allow for flexibility - indicate contingency plans. Contingency plans must include a discussion of typical things that go wrong at startup and how i those problems would be mitigated. 4.2 System Management Plan A comprehensive, detailed program The program not comprehensive, ADDITIONAL CRITERIA 5% showing staffing and equipment detailed showing staffing and commitment, staff responsibilities, equipment commitment, staff management plan and quality contrel responsibilities, management plan to ensure continued high quality and quality control. transit service. 4.3 Organization Chad Include an administration, Organization chad does not show ADDITIONAL CRITERIA 5% maintenance, and operations ! the relationship of staff/employee/ organization chad showing the subcontractor positions and levels relationship of staff/employee/ and the number of personnel All job subcontractor positions and levels classifications/positions not shown and the number of personnel. All job with FTE's. classifications/positions must be shown with FTE's. Qualification Pass Fail Criteria 4.4 Vehicle Maintenance Plan Comprehensive, detailed vehicle Vehicle maintenance program not ~,DDITIONAL CRITERIA t0% maintenance program including the comprehensive and detailed. Does number and type of pemonnel not include the number and type of directly involved, plan for personnel directly involved. Does accemplishing preventive not include a plan for accomplishing maintenance and intervals, general preventive maintenance, general repairs, warranty work, wheelchair lift repairs, warranty work, wheelchair lift maintenance, and required vehicle maintenance, and required vehicle maintenance. (See: Exhibit"A", maintenance. Attachment #3) 5. Safety and Training 5.1 Safety Compliance Report For companies operating in For companies operating in MANDATORY CRITERIA California, submit the latest copy of California, no copy or not the latest California Highway Patrol Safety copy of Califomia Highway Patrol Compliance Report (CliP 343) for Safety Compliance Report (CliP an~d the most recent fixed-roate 343) for and not the most recent project Report (CHP 343a). 3 fixed route project Report (CliP 343a).4 These reports must indicate satisfactory ratings. This report These reports do not indicate should indicate a Iow number of satisfactory ratings. This report violations per vehicle, Iow relative to indicates a high number of violations fleet size, and Iow administratively, per vehicle, high relative to fleet size, and/or high administratively. 5.2 Safety Program Submit a detailed safety training and No program provided. Or ADDITIONAL CRITERIA '10% safe driving program including hiring unacceptable detailed safety training criteria, new hire training, ongoing and safe driving program including training, accidentJincident hiring criteria, new hire training, procedures, handling passengers ongoing training, accident/incident special needs, and wheelchair procedures, handling passengers lift/securement procedures, special needs, and wheelchair liWsecurement procedures. 5.3 Mechanic Training Plan Submit a detailed mechanic training No or unacceptable detailed ADDITIONAL CRITERIA 5% program to incorporate the mechanic training program. requirements of Exhibit "A", Attachment #3, Sections 1, 2, and 3. 5.4 Driver Training Plan Submit a detailed fixed-route driver No or unacceptable detailed fixed- ADDITIONAL CRITERIA 5% training program to incorporate the route driver training program. requirements of Exhibit "A", Attachment #4. 3 For bidders without any California operations, the equivalent safety inspections from other Ss_tares will be accepted if the inspection applies to.'_ (A=) the maintenance program, lB.) maintenance program adherence, (C~) shop practices, (D~) vehicle conditions, JE=) maintenance records, and (F,) driver assignments. 4 For bidders without any California operations, the equivalent safety inspections from other sStates will not be accepted if verification and comparability to CHP 343/(a) in the areas of the maintenance program, program adherence, shop practices, vehicle condition, maintenance records, and driver assignments is not given from the S_stata issuing. 6. Driver Retention Plan ADDITIONAL CRITERIA 5% The contractor is required to submit No plan submitted or plan not a Driver Retention Plan that is competitive in the marketplace competitive in the marketplace covering the base term period. No covedng the base-term period. Plan methodology fully explained or should include a methodology to incentives proposed that would maximize driver retention and cause continued ddver retention. stability of work force. Incentives for Wage level form not completed. driver retention provided, Wage Wage levels unreasonable for the level form complete with reasonable marketplace, wage levels for the marketplace, 7. Performance Surety MANDATORY CRITERIA If Proposer intends to provide a Letter from a corporation surety not performance bond, technical offer submitted, Letter submitted, but must be accompanied by a letter Proposer is not bondable for required from a corporate surety satisfactory amount, No letter from financial to MTDB, indicating that Proposer is institution concerning Irrevoceble bondable for the required amount Letter of Credit. Proposer does not and must be dated within the past have resources to famish Letter of 30 days. Credit for the required amount, If Proposer intends to provide an Irrevocable Letter of Credit, Technical Proposal must be accompanied by a letter from a financial institution indicating that Proposer has the resources to furnish the Irrevocable Letter of Credit for the required amount and must be dated within the past 30 days. 8. References MANDATORY CRITERIA A minimum of three (3) acceptable A minimum of three (3) acceptable references from three different references not provided, References clients where the bidder has not from three different clients. provided satisfactory service Projects not similar in scope and acceptable to MTDB and the County complexity. At least one reference on projects similar in scope and not from a public agency where complexity. At least one reference bidder has provided publicly funded, must be from a public agency where regularly scheduled fixed~route bidder has provided publicly funded, transit service, More than one regularly scheduled fixed-route County of San Diego Transit System transit service. No more than one reference. County Transit System reference will be permitted. Agency shall be able to contact other transit services Evidence that contractor has history operated by Proposer in order to of poor service quality performance under similar transit fixed-reute bus establish contractor service quality, contracts. .... Attachment 2 / 32.10 Settinq Responsible Waqes and Benefits. MTDB will include as part of the bid documents a minimum wages and benefits requirement for vehicle drivers operated as a result of a bus, mini-bus, van, or other service contract. The purposes of this requirement are: to retain fully trained, qualified and experienced drivers; to provide a high level of quality transit service to the transit patrons; and to reduce absenteeism and driver turnover. a. Base Wage Level - In advance of the initiation of a bid process, MTDB will conduct an analysis to develop minimum wage level requirements for the term of the contract. A base wage rate, for purposes of the analysis, is established at $8.35 per hour for July 1,2000, for drivers after a training and probation period. The analysis will identify a cost of living index (based on prior five-year average San Diego Consumer Price Index) for each future year as a starting point for establishing a minimum wage each year of the future contract. All existing MTDB-contracted vehicle driver wage rates and all existing labor agreements of the MTDB- contracted vehicle drivers, entered into after the effective date of this section, will then be reviewed. The initial starting point wage rate based on the five-year average San Diego Consumer Price Index would be adjusted to insure consistency with existing transit service contracts for the remaining years of those contracts. Any years in a new contract that are beyond the termination of an existing contract would be calculated based on the five-year average San Diego Consumer Price Index. b. Training Wage Level - MTDB shall set a level no less than 90 percent of the base wage level after probation. Training pay shall not exceed 160 hours. If additional training is required beyond 160 hours, the employee shall be paid at the wage level of probation wage after cedification. c. Probation Wage After Certification - A driver who is in training and exceeds 160 hours or who has been certified as a driver shall have a minimum wage level set by MTDB of no less than 95 percent of the base wage level for a pedod not to exceed 90 days after completion of training. d. The above wage categories shall be established as minimums in the contract bid requirements and are base driver wage levels excluding benefits and any performance bonuses. These minimum wage categories shall apply to fuIMime and part-time drivers of contract services. e. Health Benefits - MTDB shall include in bid documents the requirement for the contractor to offer full-time and part-time vehicle ddvers (20 hours or more per week) a family health plan based on a minimum employer contribution. The minimum contribution for the health benefit is established at $1.25 per hour for July 1, 2000. The health benefit plan contribution standard would be indexed based on the prior five-year average San Diego Consumer Price Index for each year of the contract to be awarded. f. The requirements of this section shall not apply to proposers and contractors whose vehicle drivers are subject to a collective bargaining agreement. -6- A-6 COUNCIL AGENDA STATEMENT Item r~ Meeting Date: August 28, 2001 ITEM TITLE: Resolution Accepting Household Hazardous Waste Gram HD9-01-4833 from the CA Imegrated Waste Managemem Board, Authorizing the City Manager to Execute All Documems in Conjunction with Administering the Grant and Appropriating $300,000 for Fiscal Year 2001/2002 to Implemem the Gram. SUBMITTED BY: Special Operations Manager~__~'~ REVIEWED BY: City Manager * (4/5tbs Vote: Yes X No ) BACKGROUND The City is the lead agency in developing and implementing a household hazardous waste (HHW) program for the South Bay. By assisting residems with the proper recycling or disposal of HHW the City can prevem improper disposal that could harm the local watershed and cost far more to collect and remediate. Removing HHW from homes can also help to prevem fires and reduce the incidence of child poisonings. The currem program includes a regional HHW drop-off facility located at the new Corporation Yard, a door-to-door collection program and a public education program. The Council passed Resolution//2000-085 authorizing the City Manager to apply for used oil recycling and HHW grants through fiscal year 2002/03. Prior to this gram the City had received approximately $275,000 in HHW funds to build the permanem regional drop-off facility and provide public education programs for the South Bay. This $300,000 grant is the maximum awarded by the State for HHW discretionary grams and the largest sum awarded to the City for HHW to date. The gram will provide funds for a more comprehensive countywide public education campaign, funding for the regional, permanem HHW drop-off facility, and some equipment for the Coronado HHW facility. RECOMMENDATION: Approve the resolution, authorizing the City Manager to execute the grant agreement as requested by the state and appropriate funds therefore (Attachment A). BOARD/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission (RCC) has reviewed and approved the City's Household Hazardous Waste Element and subsequem HHW program modifications that include the programs funded by this grant. DISCUSSION: The program targets a regional problem that affects all the Cities that share the South Bay watershed. Household hazardous waste does not recognize jurisdictional boundaries. Oil, latex paim, solvents and other HHW products improperly disposed of in storm drains or the bay will negatively affect wildlife habitat and our safe recreational use of Page 2, Item __~ Meeting Date August 28, 2001 the local watershed regardless of its origin. By working together South bay cities have a better chance of preserving wildlife habitat and maintaining a safe environment for all our residents. The primary purpose of this HHW grant is to provide $300,000 to expand public education and outreach efforts, to increase use of the permanent HHW facility for South Bay residents, to expand door-to-door services for seniors and the disabled, and to provide equipment for the Coronado HHW facility. This grant is a "regional" program that includes the Cities of Chula Vista, Imperial Beach, National City and Coronado as original grant participants. The City and County of San Diego have also supported the grant application and their South Bay residents will be encouraged to participate in a number of the programs components. Up to $100,000 of the funds may be used to support a countywide public education program that will: update the state HHW hotline for all the cities in the county, provide a uniform point of purchase message in stores that sell HHW throughout the County, and provide a uniform public education message that focuses on "source reduction." The program will encourage residents to buy non-toxic products whenever possible, and when they choose as a consumer to buy potentially toxic products to buy only the amount they need, use up the contents according to instruction and properly dispose of or recycle the empty container. The program also helps to fund disposal costs of HHW. The grant recognizes the increase in classifications and weight of HHW due to the addition of electronic wastes such as computer monitors and televisions to the HHW waste stream. In addition to educating residents about the need to properly dispose of these items, which contain lead, the grant will also help fund their disposal. The grant also provides some funding for overhead and staff costs. FISCAL IMPACT: The grant will provide $300,000 to implement the HHW education and proper disposal program. If approved $300,000 will be appropriated for this year's budget (Attachment B). The grant provides funds to cover direct and overhead costs that are required by the program's implementation and there is a minor impact to staffing costs in the Finance Department. One thousand dollars is allocated in the grant budget to cover that cost. There are no additional fiscal impacts anticipated as a result of the recommended action to adopt the attached resolution. The program does not require matching funds and none were recommended, however it does allow the Special Operations Manager to more effectively compliment other funds approved by Council for recycling, household hazardous waste and NPDES public education, collection and prevention programs. Any costs that may not he covered by the grant would be funded by the HHW component of the Special Operations Program budget for this fiscal year. mtm:HHW c:reso-accept grant HD9-01-4833 Attachments Line Item Budget Household Hazardous Waste Grant # HD9-01-4833 for $300,000 270-???? - Fiscal Year 2001/02 Appropriations Personnel: 6005, Hourly Wages $23,700.00 6231, Medicare (1.45 %) $362.50 6222, Pars (3.75 %) $937.50 Personnel Total $25,000.00 6642 Vehicle Replacement $5,000.00 6641 Fleet Maintenance Charges $2,000.00 6401 Contractual Services: $250,000.00 Permanent Collection Facility, temporary and mobile events, and 90K for public education consultant. 6883 Other Commodities: $18,000.00 Sharps Equipment, Fork Lift or Pallet Jack, 10k for storage container and fork lift. Total $300,000.00 GRANT AGREEMENT GRANT NUMBER H09-01-4833 2000/'2001 Household Hazardous Waste Discretionary Grants o~r~ REc,P~E~S City of Chuia Vista I $300,000.00 FROM June 30, 2001 TO March 31, 2g03 THIS AGREEMENT is made an~ entered into on this 30th day of June ,20 01 , by the State of California, acting through the Executive Director of the California Integrated Waste Management Board (the 'State') and City of Chula Vista (the 'Grantee"). The State and the Grantee, in mutual consideration of the promises made herein, agree as follows: The Grantee agrees tB perform the work described in the Work Statement attached hereto as Exhibit C according to the Budget attached hereto as Exhibit D. The Grantee further agrees to abide by the provisions of the following exhibits attached hereto: Exhibit A - Terms and Conditions Exhibit B - Procedures and Requirements Exhibit C - Work Statement Exhibit D - Budget Exhibits A, B, C, and D attached hereto and the State approved application are incorporated by ~efemnce herein and made a part hereof. The State agrees to fund work done by the Grantee in accordance with this Agreement UD tO the Total Grant Amount Not to Exceed specified herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates entered below. CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD GRANTEE'S NAME (PRINT OR TYPE) I City of Chu[a Vista SIGNATURE I GRANTEE'S SIGNATURE I- MamLea~, Intenm Executive Director CERTIFICATION OF FUNDING 2000/2001 Household Hazardous Waste Discretionary Grants IWMA £300.000.00 OPTIONAL USE) PRIOR AMOUNT ENCUMBEP~D FOE THIS AGREEMENT ITeM CH/LPTER STATUT~ FISCAL TO;A- AMOONT ENCUMBERED TO 3910-101-038752 2000 2000/2001 DATE- OBJECT OF EXPENDITURE (CODE AND TITLE) S300,000.00 1000-75130-702 I hereby certify upon my own personal knowJedge that budgeted funds are available IT.B.A. NO JB.R. NO ~or the period and pl.,l~ose of the exb. e~diture stated above. J This grant may not be funded unless the following two conditions occur within ninety (90) days from the date of mailing of this Agreement package: 1) the return of a complete and signed Grant Agreement; and 2) the full payment of all outstanding debt(s) owed by the proposed Grantee to the California Integrated Waste Management Board. EXHIBIT A TERMS AND CONDITIONS 1. Definitions. The following terms used in this Agreement have the meanings given to them below, unless the context clearly indicates otherwise. a. "IWMB" means the California Integrated Waste Management Board. b. "Executive Director" means the Executive Director of the IWMB, or his or her designee. c. "State" means the State of California, including, but not limited to, the IWMB and/or its designated officer. d. "Grant Manager" means the IWMB staff person responsible for monitoring the grant. e. "Grantee" means the recipient of funds pursuant to this Agreement. 2. Availability of Funds. The IWMB's obligations under this Agreement are contingent upon and subject to the availability of funds appropriated for the grant. 3. Pavment. a. The Budget, attached to and incorporated herein by reference to this Agreement as Exhibit D, states the maximum amount of allowable costs for each of the tasks identified in the Work Statement, which is attached to and incorporated herein by reference to this Agreement as Exhibit C. The IWMB shall reimburse the Grantee for only those services specified in the Work Statement at only those costs specified in the Budget. b. The Grantee shall carry out the work described on the Work Statement in accordance with the Budget, and shall obtain the IWMB's written approval of any changes or modifications to the Work Statement or -- -the-Budgetcr-ior-to-p~g-the-changed work-or~ncur~ingJhe-changed-cost. If the-Grantee fails to obtain such prior written approval, the Executive Director, at his or her sole discretion; may refuse to provide funds to pay for such work or costs. c. The Grantee shall request reimbursement in accordance with the procedures described in the Administrative Procedures and Requirements, which is attached to and incorporated herein by reference to this Agreement as Exhibit B. 4. Failure to Perform as Required by This Aoreement. The IWMB will benefit from the Grantee's full compliance with the terms of this Agreement only by the Grantee's (a) investigation and application of technologies, processes and devices which support reduction, reuse and/or recycling of wastes; or (b) cleanup of the environment; or (c) enfomement of solid waste statutes and regulations, as applicable. Therefore, Grantee shall be in compliance with this Agreement only if the work it performs results in (a) information, a process, usable data or a partial product which can be used to aid in reduction, reuse and/or recycling of waste; or (b) the cleanup of the environment; or (c) the enforcement of solid waste statutes and regulations, as applicable. 5. Stop Work Notice. Immediately upon receipt of a written notice to stop work, the Grantee shall cease all work under this Agreement. 6. Disputes. a. Notwithstanding Section 4 above, the Grantee shall continue with the responsibilities under this Agreement during any dispute. b. If the Grantee and the Executive Director fail to agree on a matter relating to this Agreement, the IWMB shall, upon the request of the Grantee or the Executive Director, consider and make a determination regarding the matter. c. Notwithstanding this Section, the Grantee shall have no right to request that the IWMB make any determination regarding any matter committed by this Agreement to the sole discretion of the Executive Director. 7. Discretionary Termination. The Executive Director shall have the right to terminate this Agreement at his or her sole discretion at anytime upon thirty (30) days' written notice to the Grantee. Within forty-five (45) days of 1 receipt of written notice, Grantee is required to: 1) submit a final written report describing all work performed by the Grantee, 2) submit an accounting of all grant funds expended up to and including the date of termination, and 3) reimburse the IWMB for any unspent funds. 8. Termination for Cause. The IWMB may terminate this Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination, the IWMB may proceed with the work in any manner deemed proper by the IWMB. All costs to the IWMB shall be deducted from any sum due the Grantee under this Agreement. 9. Forfeit of Grant Funds/Repayment of Funds improperly Expended. If grant funds are not expended, or have not been expended, in accordance with this Agreement, or if real or personal property acquired with grant funds is not being used, or has not been used, for grant purposes in accordance with this Agreement, the Executive Director, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the Grantee to forieit the unexpended portion of the grant funds and/or to repay to the IWMB any funds improperly expended. 10. AudiVRecords Access. The Grantee agrees that the IWMB, the Department of Finance, the Bureau of State Audits, or their designated representative(s) shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for possible audit for a minimum of three (3} years after final payment, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute or audit, whichever is later. The Grantee agrees to allow the designated representative(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any contract or subcontract related to performance of this Agreement. [You may find it helpful to share the Terms and Conditions and Procedu~'es and Requirements with your finance department. Examples of audit documentation include, but are not limited to: expenditure ledger, payroll register entdes and time sheets, personnel expenditure summary form, travel expense~iog, paid warrants, contracts and change orders, and invoices and/or canceled checks.] 11. Contractors/Subcontractors. The Grantee will be entitled to make use of -its own staff and such contractors and subcontractors as are mutually acceptable-to the Grantee'an~d th~-]WMB~"An~/cl'iange"i~ bontractor§ or subcontractors must be mutually acceptable to the parties. Immediately upon termination of any such contract, the Grantee will notify the Grant Manager. All provisions of these Terms and Conditions shall apply to contractors and subcontractors. The Grantee shall provide a copy of these Terms and Conditions to contractors and subcontractors. 12. Site Access. The Grantee shall allow the State to inspect sites at which grant funds are expended and related work being pedormed at any time during the pedormance of the work and for thirty (30) days after completion of the work. 13. Work Proiects/Publicity and Acknowleddement. The Grantee shall submit copies of all draft public education or advertising materials to the Grant Manager for review and approval prior to the Grantee's use of materials. The Grantee must provide the Board with copies of all final products identified in the Work Statement. The Grantee shall acknowledge the IWMB's support each time projects funded, in whole or in part, by this Agreement are publicized in any news media, brochures or other type of promotional material 14, Confidentiality/Public Records. The Grantee and the IWMB acknowledge that each party may come into possession of information and/or data that may be deemed confidential or proprietary by the person or organization furnishing the information or data. Such information or data may be subject to disclosure under the California Public Records Act, Chapter 3.5 of Division 7 of Title 1 of the California Govemmant Code ("GovtC") commencing with Section 6250. The IWMB agrees not to disclose such information or data furnished by the Grantee and to maintain such information or data as confidential when so designated by the Grantee in writing at the time it is furnished to the IWMB, but only to the extent that such information or data is exempt from disclosure under the California Public Records Act. 15. Ownership of Drawinos. Plans, and Specifications. The IWMB shall have separate and independent ownership of all drawings, design plans, specifications, notebooks, tracings, photographs, negatives, reports, findings, recommendations, data, software, and memoranda of every description or any part thereof, paid for in whole or 2 in any part with grant funds. Copies thereof shall be delivered to the IWMB upon request. The IWMB shall have the full right to use said copies in any manner when and where it may determine without any claim on the part of the Grantee, its vendors, contractors or subcontractors to additional compensation. 16. Copyriqhts and Trademarks. a. The Grantee assigns to the IWMB any and all rights, title, and interests to any copyrightable material or trademarkable material created or developed in whole or in any part as a result of this Agreement, including the right to register for copyright or trademark of such materials. Grantee shall require that its contractors and subcontractors agree that all such materials shall be the property of the IWMB. Upon written request by the Grantee, the IWMB may give at the Executive Director's sole discretion, written consent to the Grantee to retain all or any part of the ownership of these rights. b. The IWMB hereby grants to the Grantee a royalty-free, nonexclusive, nontransferable license to reproduce, translate, and distribute copies of the materials produced pursuant to this Agreement, for nonprofit purposes, and to have or permit others to do so on the Grantee's behalf. 17. Patents. The Grantee assigns to the IWMB all rights, title and interest in and to each invention or .discovery that may be capable of being patented, that is conceived of or first actually reduced to practice in the course of or under this Agreement, or with the use of any grant funds. Upon written request by the Grantee, the IWMB may give, at the Executive Director's sole discretion, written consent to the Grantee to retain all or any part of the ownership of these rights. 18. Real and Personal Property Acquired with Grant Funds. a. All .real and personal property, including equipment and supplies, acquired with grant funds shall be used by the Grantee only for the purposes for which the IWMB approved their acquisition for so long as such property is needed for such purposes, regardless of whether the Grantee continues to receive grant funds from the IWMB for such purposes. b. 'Subject to the obligations and conditions set forth in this section, title to all real and personal property acquired with grant funds, including all equipment and supplies, shall vest upon acquisition in the Grantee. 19. Grantee's Waiver of Claims and Recourse Aqainst the State. The Grantee agrees to waive all claims and - .recourse_against the State, its officials,~)fficers~_agaots; employees~--and-servants~.including, but not limited to, the dghtlo contribution~for loss or-damagelo~rsons-or property~arisir~g'out-of, resulting from, or in any way connected with or incident to this Agreement. This waiver extends to any loss incurred attributable to any activity undertaken or omitted pursuant to this Agreement or any product, structure or condition created pursuant to, or as a result of, this Agreement. 20. Grantee's Indemnification and Defense of the State. The Grantee agrees to indemnify, defend, and save harmless the State, its officials, officers, agents, employees, and servants from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Grantee in the performance of this Agreement. 21. No Aoency Relationship Created. The Grantee and the agents arid employees of Grantee, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State. 22. Assionment, Successors and Assiqns. a. This Agreemant may not be assigned by the Grantee, either in whole or in part, without the iWMB,s prior written consent. b. The provisions of this Agreement shall be binding upon and inure to the benefit of the IWMB, the Grantee, their respective successors and assigns. 23. Buy-Recycled Mandate. The Grantee shall certify under penalty of perjury, for the products, materials, goods, and supplies provided in the performance of this Agreement, the minimum, if not exact, pementage of recycled content, both secondary waste and pest-consumer waste as defined in the Public Contract Code (POC) Sections 12161, 12162, 12181, 12182, and 12200 as applicable. This certification shall be provided on the Recycled Content Certification Form available from the Grant Manager, 24. Waste Reduction. In the performance of this Agreement, the Grantee shell use recycled content, recycled or reusable products, and practice other waste reduction measures, where feasible and appropriate. 3 25. Non-Discrimination Clause. During the performance of this Agreement, Grantee, its contractors, and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. The Grantee, its contractors and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. The Grantee, its contractors, and subcontractors shall comply with the provisions of the Fair Employment and Rousing Act (GovtC Sections 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder. The applicable regulations of the Fair Employment and Housing Commission implementing GovtC Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full The Grantee, its contractors, and subcontractors shall give writlen notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. 26~ Americans With Disabilities Act. The Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable zegulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) 27. Druo-Free Workplace Certification. a. By signing this Agreement, the Grantee certifies under penalty of perjury to be in compliance with GovtC Section 8355 in matters relating to providing a drug-free workplace. The person signing this Agreement on behalf of the Grantee swears that he or she is authorized to legally bind the Grantee to this ce~:tification and makes this certification under penalty of perjury under the laws of the State of California. b. As required by GovtC Section 8355, the Grantee agrees to: (1). Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions that will be taken against employees for violations. _ (2)_Establish adrug-free awareness program to inform employees about all of the following: (a) the dangers of drug abuse in the workplace, (b) the Grantee's policy of maintaining a drug-free workplace, (c) any available counseling, rehabilitation, and employee assistance programs, and (d) .... ~:- penalties.that maybe imposed, upon employees for drug abuse violations (3). Require that each employee who works on the grant: (a) receive a copy of the drug-free policy statement of the Grantee, and (b) agree to abide by the terms of such statement as a condition of employment on the grant. 2@. National Labor Relations Board Certification. By signing this Agreement, the Grantee certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Grantee within the immediately preceding two-year period because of the Grantee's failure to comply with an order of a federal court which orders the Grantee to comply with an order of the National Labor Relations Board. (Not applicable to public entities.) 29. Child Suoport Comoliance Act. For any agreement in excess of $100,000, the Grantee acknowledges that: a. the Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal taws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with eamings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code; and b. the Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 30. Air or Water Pollution Violation. Under the State taws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal I~w relating to air or water pollution. 31. Grantee's Name Chance. An amendment is required to change the Grantee's name as listed on this Agreement. Upon receipt of legal documentation of the name change, the IWMB will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of the amendment. 32. Corporate Qualifications to Do Business in California. When agreements are to be performed in the state by corporations, the IWMB will verify that the corporation is currently qualified to do business in California in order to ensure that all obligations due to the State are fulfilled. "Doing business" is defined in Revenue and Taxation Code Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporation performing within the State not be subject to the franchise tax. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. The IWMB will determine whether a corporation is in good standing by calling the Office of the Secretary of State. 33. Conflict of interest. The Grantee needs to be aware of the following provisions regarding current or former state employees. If the Grantee has any questions on the status of any person rendering services or involved .with this Agreement, the IWMB must be contacted immediately for clarification. Current State Employees (PCC 10410): a. No officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency; untess-theemptoyment, activity or enterprise is required as a condition of regular state employment. b. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (PCC 10411 ): a. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. ....... b__ Eor_tbe._tweJve-~3or31b_pedod Q:om the. date he or she left state employment, no formal.state office[ or employee may enter into a contract~Nith'any state agency if he or she was employedbythat state ' agency in a policy-making position in the same general subject area as the proposed contract within the twelve (12) month period prior to his or her leaving state service. If the Grantee violates any provisions of above paragraphs, such action by the Grantee shall render this Agreement void. (PCC Section 10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (PCC Section 10430 (e)) 34. Union Oroanizinq. By signing this Agreement, the Grantee hereby acknowledges the applicability of Government Code Section 16645 through Section 16649 to this Agreement and hereby certifies that; e. No grant funds disbursed by this grant will be used to assist, promote or deter union organizing. t). If the Grantee makes expenditures to assist, promote or deter union organizing, the Grantee will maintain records sufficient to show that no state funds were used for those expenditures, and that Grantee shall provide those records to the Attorney General upon request. 35. Resolution. A county, city, district, or other local public body must provide the IWMB with a copy of a resolution, order, motion, or ordinance of the local governing body, which by law has authority to enter into an agreement, authorizing execution of this agreement and designating the job title of the individual authorized to sign on behalf of the local public body. 36. Compliance. The Grantee shall comply fully with all applicable federal, state, and local laws, ordinances, regulations, and permits. The Grantee shall provide evidence that all local, state, and/or federal permits, licenses, registrations, and approvals for the purposes for which grant funds are to be expended have been secured. The Grantee shall maintain compliance with such requirements throughout the grant period. The Grantee shall ensure that the requirements of the California Environmental Quality Act are met for any approvals or other requirements necessary to carry out the terms of this Agreement. Any deviation from the requirements of this section shall result in non-payment of grant funds. 37. Controllino Law. This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. 38. Venue. All proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder shall be held in Sacramento County. The parties hereby waive any right to any other venue. 39. Remedies. Unless otherwise expressly provided herein, the rights and remedies hereunder are in addition to, and not in limitation of, other rights and remedies under this Agreement, at law or in equity, and exercise of one right or remedy shall not be deemed a waiver of any other right or remedy. 40. Force Majeure. Neither the IWMB nor the Grantee, its contractors, vendors or subcontractors, if any, shall be responsible hereunder for any delay, default or nonperformance of this Agreement, to the extent that such delay, default or nonpedormance is caused by an act of God, weather, accident, labor strike, fire, explosion, ,riot, war, rebellion, sabotage or flood, or other contingencies unforeseen by the IWMB or the Grantee, its contractors, vendors or subcontractors and beyond the reasonable control of such party. 41. Amendment. No amendment or variation of the terms of this Agreemer~t shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. 42. Time Is of the Essence. Time is of the essence of this Agreement. 43. Unenforceable Provision. In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be effected thereby. 44. Communications. All communications from the Grantee to the IWMB shall be directed to the Grantee's assigned Grant Manager. Oalifornia IntegratedWasteManagement Board, P.O. Box 4025 M$-21 Sacramento, . CA 95812-4025~:AII notices,required bythisAgreementshall,begiven-inwvriting~and sent byprepaid mail, orby personal delivery or'by FAX-followedlw prepaidTna'il or personal-deliver;/. ...... 45. Entire Aoreement. This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties. EXHIBIT B PROCEDURES?AND~REQUIREMENTS LOCAL:_GQVERNM ENT HOUSEHOrD:HAZARDOUS, WASTE GRANT FISCAL-~yEAR 00/01 mmmm Imm )mmmmmm I~mmmm ilmmmm Integrated Waste Management Board JUNE 2001 DATE ~- ACTIVITY June 30, 2001 to March 31, 2003 June 30; 2001 ' ~,~;: In e~ution of grants ' June 15, 2002 ;m~ Frog.s Hepo~ aue Janua~ 15, 2003 .~. ~ Mamh 31, 2003 April 15, 2003 ~:;~.~..-. ', .,~I. and Pa~ent Request due California Integrated Waste Management Board Household Hazardous Waste Grant Procedures and Requirements June 2001 Fiscal Year 00/01 Public Resources Code Section 47200 authorizes the California Integrated Waste Management Board (ClWMB) to award grants annually to local government agencies for programs that reduce the amount of Household HaTardous Waste (HHW) disposed of at solid waste landfills. This document provides the Procedures and Requirements for the HHW grants awarded by the ClWMB and is incorporated by reference into each HHW Grant Agreement. Questions? Please direct any questions regarding this document or other HHW Grant Agreement documents to your Grant Manager at their direct telephone number, or at (916) 341- 6457. Where to send Send your reports, payment requests, and all other written correspondence to your Grant reports, payment Manager's attention at: requests, etc. Special Waste Division Used Oil/HHW Branch California Integrated Waste Management Board 1001 ! Street, P.O. Box 4025 MS-21 Sacramento, CA 95812-4025 Eligible costs All costs must be only for activities, products, and costs included in the approved Budget and Work Statement, and must be incurred within the grant term. Please contact your Grant Manager if you have any questions concerning eligible costs. Ineligible costs Any costs not included in your approved Budget are ineligible for reimbursement. If you have any questions regarding ineligible costs, contact your Grant Manager. Ineligible costs include, but are not limited to the following: · Costs incurred outside the grant term (prior to June 30, 2001 or after March 31,2003). · Costs not identified in the approved Work Statement or Budget. · Costs currently cove['ed by another CIWMB loan or grant. · Purchasing or leasing of land. · Purchasing or leasing of vehicles by non-governmental agencies. · Remediation. · Enforcement activities. · Managing, handling, disposing, or treating of radioactive, explosive, or medical waste and other extremely hazardous waste. (Sharps programs are eligible if they are integrated into proposed or existing HHW collection programs.) · Overtime costs (except for local government staffing during evening or weekend events when law or labor contract requires overtime compensation). · Out-of-state travel. · Any food or beverages (e.g. as part of meetings, workshops, training, or events). Preparation of HHW Elements. Public education costs not directly tied to HHW collection. Profit or markup by the grantee. Profit is allowed to contractors and subcontractors for services and products when Grantee follows the competitive bidding process or their local purchasing laws and regulations. · Any costs that are not consistent with local, state, and federal guidelines or regulations. · Cell phones, pagers, and palm pilots. · Development of school curricula. Recycled All items purchased with grant funds, with the exception of those specifically listed below Content MUST have at least fifty.percent (50%) recycled content, with at least ten percent (10%) of that being post-consumer material. Contact your Grant Manager for approval of any Requirements exceptions to this requirement. Consult the Board's web page at www.ciwmb.ca.qov/BuyRecycled for information about the Board's Buy Recycled Program, or to locate vendors and contractors that sell items made from recycled material. Public Contract Code § 12205 requires grantees to certify in writing the percentage of post- Recycled consumer and secondary material in the products, materials, goods or supplies purchased Content with grant funds, with the exception of those specifically listed below. See page g for the Certification form that must be submitted with the final report. Form · Exceptions include: Wood products, textiles, masonry, aggregate, concrete, non- steel metals, and electronic items, such as computers, televisions, software on a disk, telephone systems, printers, copiers and fax machines. Publicity & All publicity and educational materials must be submitted to your Grant Manager for Educational written approval prior to production. Materials or items purchased, or activities Materials attended without your Grant Manager's preapproval may be denied for reimbursement.. Ail items must include the following: · Specific information on HHW recycling/disposal. · A list of HHW collection locations or a 24-hour hotline number. When locations are tisted, include the following language: "Call for hours of operation and types of materials accepted". · Acknowledgement of CIWMB funding that reads "Funded by a Grant from the California Integrated Waste Management Board." Use of the initials "CIWMB" is not sufficient. Exception: The acknowledgement line is not required on small items where space constraints would not allow for this line, or if it Would interfere with the message (pencils, storm drain stencils, radio spots, etc.). All exceptions must be pre-approved in_ writing by your Grant Manager. · At least fifty percent recycled content, with at least ten percent of that being post- consumer material. Obtaining Approval For printed material: · Allow a minimum of five (5) business days for your Grant Manager to review and approve English materials and a minimum of ten (10) business days for nomEnglish materials. · If a consultant or graphic artist is submitting the piece directly to your Grant Manager for approval, approval from the grantee must also be submitted with the piece. · Materials approved under another grant must be reviewed and approved by your Grant Manager to determine if the material is appropriate for this grant. · All materials must be submitted as a complete package for Grant Manager review. · If changes are requested, incorporate them and submit a revised draft for approval prior to production. For videos and radio ads: · In addition to the above requirements, you must submit a scdpt to your Grant Manager for prior wdtten approval. · Submit a final draft in the appropriate media format (VHS format for videos and cassette tape or compact disc for radio ads) to your Grant Manager for written approval prior to production. Proof of Purchase · Include two (2) copies of all final publicity and educational materials and any other products purchased produced with these grant funds along with the Final Report. Submit a photograph for large items such as equipment or structures. · Keep one copy of all materials purchased or produced along with the invoice and all other supporting documents for audit purposes. Clearinghouse The CIWMB has a clearinghouse of premiums and educational materials produced with Used Oil and HHW grant funds. These materials are available for grantees to view. Contact your Grant Manager to set up an appointment to view the clearinghouse materials. You may wish to use some of the material in the clearinghouse for your campaign; however, they still must be reviewed and approved by your Grant Manager to determine if they are appropriate for this grant. Copyrights, Copyrights, trademarks, patents, etc. for anything produced with grant funds, including Trademarks, materials created by a contractor or vendor, becomes the property of the ClWMB. For Patents, Etc. additional information consult the Terms and Conditions or contact your Grant Manager. Reporting Your Grant Manager may request a report at any time and has the authority to immediately suspend or terminate the Grant Agreement if reports are not submitted or progress is unsatisfactory. Only one double-sided copy of each Progress Report and the Final Report is required. The lead jurisdiction for a regional project has sole responsibility for reporting on the regional project. Reporting & Use the following categories, as shown in your approved Budget Itemization, when Expenditure preparing reports and payment requests. Assign personnel time to the "Personnel/Other" Categories category. Include all expenses in each of the following categories: o Permanent Collection Facilities: Costs for the establishment, expansion, or operation of permanent HHW collection facilities. Costs for recycle-only facilities should also be included in this category. · Temporary or Mobile Collection Facilities: Costs for one-day, intermittent events, or mobile collection (other than residential collection) of HHW. · Residential Collection: Costs for the establishment, continuation, or expansion of curbside or door-to-door collection of HHW. · Publicity and Education: Costs for the development, printing, and distribution of publicity or educational materials that promote the HHW collection opportunities funded through this grant cycle. · Load checking: Costs for inspection of loads for HHW at solid waste landfills or transfer stations. Costs for the containment of HHW (permanent or semi- permanent structure) should also be included here. Personnel/Other: All personnel costs or other eligible expenditures that cannot be assigned to any of the above listed categories. See Overhead and Indirect Costs section for overhead conditions. Progress ~ A Progress Report must be submitted with each Payment Request. A Progress Report mu.~ be submitted according to the schedule below, even if there are no expenses to be claimed. Reports The Progress Reports are due as follows: Grant Activity Period Report Due Date June 30, 2001 - Apdl 30, 2002 June 15, 2002 May 1, 2002 - November 30, 2002 January 15, 2003 Each Progress Report must include the following: 1. List the grant number, grantee's name and reporting period. 2. Be arranged by the Reporting and Expenditure Categories as shown in your approved Budget Itemization. 3. Describe in detail all work completed since the previous Progress Report. 4. Discuss work to be conducted during the next reporting period. If necessary, discuss any adjustments that might be needed to the Work Statement orBudget. The Final Report along with the Final Payment Request is due April 15, 2003. Paymenl Final Requests received after this date will not be paid. No extensions can be qranted. Report The Final Report must: 1. List the grant number and grantee's name. 2. Include the Final Payment Request. 3. Be arranged by the Reporting and Expenditure Categories as shown in your approved Budget Itemization. 4. Describe all efforts that were undertaken, continued and completed during the entire grant term (June 30, 2001 through March 31,2003). In addition, please address the following: For Permanent and Temporary/Mobile Collection Facilities: a) Number of participants at each facility for the grant term. b) Amount Jn pounds (oil can be reported in gallons) and material type(s) collected each facility for the grant term. ~? / c) Number of days of operation for the orant term. ~ ir'~ For Residential Collection Programs: a) Number of curbside/door-to-door stops for the grant term, or number of households served by curbside collection (if number of stops are not tracked) for the grant term. b) Amount in pounds (oil can be reported in gallons) and material type(s) collected during grant term. For Publicity and Education efforts: a) Who was your target audience? b) Number of community events attended during the grant term and number of people stopping at your booth. c) Number of school presentations conducted during the grant term and number of students participating. d) Materials developed (e.g. door hangers, billboards) and distributed (include distribution method) for the grant term. e) Total number of people reached as a result of this grant. f) Describe the method used to get this estimate. Why did you choose this approach? For Load Checking Programs: a) Frequency of inspections during grant term. b) Number of vehicles through the program during scheduled operation for the reporting period. c) Amount in pounds (oil can be reported in gallons) and material type(s) collected during the grant term. 5. Evaluate the outcome of the grant. Please quantihj/describe the following: · Did you see a decrease of illegal dumping incidents? - Did the amount of HHW collected increase? ,, Were any statistical tests completed or questionnaires used to evaluate the effectiveness of the project? · Describe findings, conclusions, and recommendations for follow-up or ongoing activities and how they affect future development of your program. · Evaluate your successes or failures, and the cost effectiveness of your efforts. · How did the actual outcome compare to the desired outcome? Note: For more on evaluation see http://www, ciwmb, ca.c~ov/UsedOil/EvalGuide/ 6. Include two (2) copies of all publicity and educational items. Submit a photograph of events attended and for large items such as equipment or structures. 7. Include a Recycled Content Certification Form that includes all items purchased with grant funds. A separate form should be completed for each vendor/contractor that goods were pumhased from. See page 9 for the form. 8. List all contractors, subcontractors, and vendors that were used. For each, include a name, address, phone number, and a brief statement of work. Payment Grant funds are paid on a reimbursement basis for actual costs directly related to the implementation of the approved project. Payment will be made only for costs described in Request the approved Budget Itemization. A Payment Request-may be submitted anytime there is a reasonable amount (over $1,000) of funds to claim. A Progress Report must accompany each Payment Request. · Your Payment Request will be approved when your Grant Manager determines that: is complete and accurate, and all required reports have been submitted and approved. ~,. /~ o Payments will be made to the grantee only. · Ten percent (10%) will be deducted from each Payment Request and paid at th end of the grant term when all reports and conditions stipulated in the Grant Agreement have been satisfactorily completed. · This is a reimbursement grant, however, requests for advance payment will be considered under special circumstances. Contact your Grant Manager for further information. · The Final Payment Request is due April 15, 2003. ('THIS DATE IS FIRM, NO EXCEPTIONS CAN OR WILL BE MADE.) Funds cannot be reallocated after thi., date. Required Documents All forms can be found on the Board's website at www.ciwmb.ca.qov/qrants/forms, or conta( your Grant Manager for copies. A complete Payment Request must include the following items in the order listed: 1. Payment Request Form - This form must be signed by the individual authorized in th~ resolution. Please remember to type or pdnt the individual's name and title below the signature. 2. Expenditure Itemization. All expenditures must be itemized and arranged by the Reporting and Expenditure Categories for your grant as it was approved. 3. Supporting Documentation - Submit documentation for all costs claimed on the Payment Request. Types of acceptable documentation include: a) Invoices/Receipts-Must include the vendor's name, telephone number, and address, and a description of goods or services purchased, amount due, and date when goods or services are provided. If only claiming a portion of an invoice or receipt, indicate the amount billed to this grant and the funding source for the remaining portion (e.g., anothel CIWMB grant, local funds). b) Personnel Expenditure Summary Forms-Document personnel expenditures based on actual time spent on grant related activities. These forms are not required if you have an alternate time reporting method approved by your Grant Manager. c) Travel Expense Logs- Document costs related to travel and include supporting documentation. 4. Progress Report. Submit a Progress Report covering the same time period for which you are claiming reimbursement. Services Goods or services must be paid for and received within the term of the grant to be eligible for Rendered reimbursement. Proof of delivery is required before your Grant Manager will approve the Final Payment. Grantees should retain this documentation for audit purposes. Questions regarding specific situations should be directed to your Grant Manager, Audits Grantees are required to use Generally Accepted AccOunting principles in documenting expenditures. The Grantee agrees that the Board, the Department of Finance, the Bureau of State Audits, or their designated representative(s) shall have the right to review and to copy any records .. t~) and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which' may arise as a result of any litigation, dispute or audit, whichever is later. The Grantee agrees to allow the designated representative(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any contract or subcontract related to performance of the Agreement. The best way to ensure an 'audit-proof' grant is to share the grant documents with your Finance or Accounting department. Examples of audit documentation include, but are not limited to: · Expenditure ledgers, · Payroll register entries, time sheets (must include tracking by task), or Personnel Expenditure Form, · Travel expense logs, · Paid warrants, · Contracts and change orders, · All original invoices, receipts and canceled checks, · Original documentation indicating goods were received or services provided, · Copies of any approvals for exceptions to these Procedures and Requirements, · One copy of each publicity and education item produced (if originals are not retained, a video or photo will suffice), and · Internally approved Cost Allocation Plan. Overhead and Overhead and indirect costs can be claimed by Grantees. The following guidelines must be Indirect Costs used when claiming these costs: · The total cost of overhead and indirect cost charged to the grant shall not exceed ten (10%) of the grant award amount. These costs are expenditures not capable of being assigned and not readily itemized to a particular project or activity, but considered necessary for the operation of the organization and the performance of the program. The costs of operating and maintaining facilities, accounting services and administrative salaries are examples of overhead and indirect costs. All overhead and indirect costs charged to the grant must be associated with grant related activities as shown in the approved Budget. · Direct costs charged directly to the grant shall not be included in the overhead/indirect cost formula. · Supervision pedormed by Managers and Supervisors can be included in the overhead/indirect cost formula; and therefore, will not be a direct charge to the grant. On the other hand, if a Manager or Supervisor performs an activity that is directly relate, to the execution of the grant (not supervision), costs associated with this activity may b( included as a direct charge. However, any such activity must be clearly supported by appropriate documentation and shall not be charged to the grant as overhead or indirec cost. · The Grantees must maintain organized and accurate records that follow generally accepted accounting principles and leave an audit trail. The Grantee must provide access to all documents related to the grant program and fiscal operation of the grant program as deemed necessary by the ClWMB. The Grantees must have on file an internally approved Cost Allocation Plan which specifically documents how the cost amount was established and which is supported by formal accounting records to ~ substantiate the charges. The Cost Allocation Plan must be approved by an appropriat¢ '~ t * ~ Supervisor/Manager in your agency. The Cost Allocation Plan must identify program elements included in the overhead/indirect cost calculation. See the sample "Cost Allocation Plan" calculation below: Total department indirect cost divided by total department direct cost base* equals indirect cost rate. *Total direct salaries and wages, total direct costs, or some other appropriate base could be substituted as the base in developing the indirect cost rate replacing the "total department direct cost base". Exceptions Exceptions to the provisions of these Procedures and Requirements may be considered on ~ case-by-case basis. Contact your Grant Manager for instructions on preparing an exception request. RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING HOUSEHOLD HAZARDOUS WASTE GRANT HD9-01-4833 FROM THE CALIFORNIA INTEGP~ATED WASTE MANAGEMENT BOARD, AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS IN CONJUNCTION WITH ADMINISTERING THE GR3~NT AND APPROPRIATING $300,000 FOR FISCAL YEAR 2001/2002 TO IMPLEMENT THE GR3~NT WHEREAS, the City is the lead agency in developing and implementing a household hazardous waste (HHW) program for the South Bay by assisting residents with the proper recycling or disposal of HHW ; and WHEREAS, the City can prevent improper disposal that could harm the local watershed and cost far more to collect and remediate and help to prevent fires and reduce the incidence of child poisonings; and WHEREAS, the current program includes a regional HHW drop-off facility located at the new Corporation Yard, a door-to- door collection program and a public education program; and WHEREAS, the Council passed Resolution #2000-085 authorizing the City Manager to apply for used oil recycling and HHW grants through fiscal year 2002/03 and prior to this grant the City had received approximately $275,000 in HHW funds to build the permanent regional drop-off facility and provide public education programs for the South Bay; and WHEREAS, this $300,000 grant is the maximum awarded by the State for HHW discretionary grants and the largest sum awarded to the City for HHW to date and will provide funds for a more comprehensive countywide public education campaign, funding for the regional, permanent HHW drop-off facility, and some equipment for the Coronado HHW facility. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista accepts the Household Hazardous Waste Grant HD9-01-4833 from the California Integrated Waste Management Board. BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute all documents in conjunction with administering the grant. BE IT FURTHER RESOLVED that the amount of $300,000 is hereby appropriated for fiscal year 2001/2002 to implement the grant. Presented by Approved as to form by Michael Meacham J~ M. RaHeny Special operations Manager Wy Attorney J: ~attorney\reso~grant .hazardous COUNCIL AGENDA STATEMENT ITEM ~' MEETING DATE 8/28/01 ITEM TITLE: Resolution Accepting $60,000 from Cox Communications for City telecommunications needs, appropriating the unanticipated revenue, and amending the FY 2001-02 budget .t~ SUBMITTED BY: Deputy City Manager Palme~r~ ~ Special Operations Manager MeachamXq~ REVIEWED BY: City Manager(*i!; o? (4/5thvote: Yes X No) On September 14, 1999 the City granted Cox Communications an extension of their cable franchise agreement. As part of that agreement the City also agreed to a request by Cox that the City take over the responsibility for broadcasting City Council meetings and any other government messages delivered over the government channel on behalf of the City. Cox has now issued the City a check to cover the equipment and related telecommunications costs for this transfer of responsibility. RECOMMENDATION: That Council approve the resolution accepting the $60,000 from Cox Communications, appropriating the unanticipated revenue, and amending the FY 2001-02 budget. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: The agreement between the City and Cox Communications increased the franchise fee rate from 3% to 5%. Cox also made a one-time payment of $100,000 in FY 1999-00 for a public education grant (PEG Grant). The agreement also committed Cox Communications to pay the full cost for the purchase of equipment and training that may be necessary to implement a system for the City to take over responsibility of broadcasting Council meetings. In addition, the agreement approved moving the broadcasts from Channel 24 to Channel 17 (the County Broadcast Channel). Cox implemented the change of channels earlier this summer. Staff was aware that there would be costs associated with the development and maintenance of the system that would allow the City to provide the broadcasting services. Staff was also aware that the channel time being allotted in the past to the program limited the City's ability to reach the public and what Cox had provided in the past was a minimal service. With the City taking over the broadcasting responsibility, it will now have the ability to broadcast Council meetings more than once a week or in a different time slot, options that were not previously available. Item ~ ,Page2 Meeting Date 8/28/01 A consultant provided by Cox, the City's video contractor (Bob Hoffman Video Productions) and City staff evaluated the equipment and training that the City needs to implement this change. Staff and Cox Communications have subsequently agreed upon an amount and the City received a check of $60,000 on August 8, 2001. It is staff's intent to utilize all of the Cox fimds received to continue to provide the minimum service over the cable television system, the weekly playback of Council meetings and to augment that service by investing in the development of the City's website to improve access to City records and City Council deliberations via the Internet. FISCAL IMPACT: Accepting these funds will provide the City's Office of Communications with $60,000 which will be used to purchase the equipment necessary to broadcast City Council sessions and to improve access to City records and Council deliberations via the Intemet. RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $60,000 FROM COX COMMUNICATIONS FOR CITY TELECOMMUNICATIONS NEEDS, APPROPRIATING THE UNANTICIPATED REVENUE, AND AMENDING THE FY 2001-02 BUDGET WHEREAS, on September 14, 1999, the City granted Cox Communications an extension of their cable franchise agreement; and WHEREAS, as part of that agreement, the City also agreed to a request by Cox that the City take over the responsibility for broadcasting City Council meetings and any other government messages delivered over the government channel on behalf of the City; and WHEREAS, Cox has now issued the City a check in the amount of $60,000 to cover the equipment and related telecommunications costs for this transfer of responsibility. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept $60,000 from Cox Communications for City telecommunications needs. BE IT FURTHER RESOLVED that the FY 2001-2002 budget is hereby amended by appropriating the unanticipated revenue. Presented by Approved as to form by Michael Meacham Joj~ M. Kaheny~ Special Operations Manager ~-lty Attorney J:~attorney[reso~Cox $60,000 CITY COUNCIL AGENDA STATEMENT ITEM NO.: ~'f MEETING DATE: 08/28/01 ITEM TITLE: REPORT REGARDING EXTENDING THE TEMPORARY CLOSURE OF CENTER STREET AND A PORTION OF CHURCH AVENUE FOR THE DOWNTOWN FARMERS' MARKET ON THURSDAY AFTERNOONS FOR A TV/O-YEAR PERIOD SUBJECT TO CONDITIONS OF APPROVAL AND RECOMMENDING THE FARMERS MARKET REMAIN IN ITS CURRENT LOCATION, SUBJECT TO THE MANAGEMENT CHANGES CURRENTLY BEING IMPLEMENTED SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR REVIEWED BY: CITY MANAGER ~ 4/STHS VOTE: YES BACKGROUND On October 3, 1995, the City Council approved the closure of Center Street between Third Avenue and Church Avenue on Thursday afternoons for the Downtown Farmers' Market. The Market area was expanded on June 24, 1997 to include a portion of Church Avenue to accommodate an increased number of vendors and add a section for craft booths. In accordance with the adopted conditions of approval, the street closure was authorized until December 31, 2000. The Farmers' Market has grown in popularity and again needed to expand. On November 14, 2000, staff recommended to the City Council an extension of the Center Street closure to include the southern-most lane of Center Street from Church Avenue to Del Mar Street. The City Council adopted the measure extending the street closures until December 31, 2002; however, based on concerns about accessibility, Council directed staff to search for alternative sites for the Farmers' Market and to report back at a December Council meeting. The Chula Vista Downtown Business Association had requested that if at all possible the current location be maintained. Staff reported back to the City Council in December, requesting to implement management changes that might allow the Farmers Market to remain in its current location. These changes included relocating vendor vehicles from one side of Center Street, effectively creating eight additional feet of aisle space for pedestrian movement through the Market. In February, staff requested an opportunity to monitor the Farmers Market with the changes in place until August before making a final recommendation to the City Council. This report is to recommend that the current Market configuration be maintained until such time as growth requires an additional reassessment of the location and reconfiguration or relocation of the event. PAGE 2, ITEM NO.: '7 MEETING DATE: 08/28/01 RECOMMENDATION It is recommended that City Council accept this report and allow the Farmers Market to remain in the current location subject to the attached conditions and subject to the management changes currently being implemented. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION The Downtown Farmers' Market has become a very successful promotional activity within the Third Avenue Downtown area. Due to the increasing number of patrons, the narrow lay-out of the Center Street location had been causing difficulties in accessibility. To facilitate a more open lay-out, staff worked with the Chula Vista Downtown Business Association and the Farmers Market manager to implement management changes on the site. One side of Center Street was cleared of vendor vehicles, allowing an eight foot wider aisle for pedestrian traffic through the market. The resulting additional space relieved the congestion, even during the busy summer season of the Market. Currently, the event shows an appropriate density of customers to indicate its success, but allows more space for customers to pass each other, to stop and look at produce and merchandise and to line up at individual stalls to make purchases. Market operators have adjusted to the change and are benefiting from the less restricted customer access. Staff believes the management changes will be sufficient to maintain the Farmers Market at its current location throughout the Nvo years of its street closure permit. However staff will continue to monitor the operation and is prepared to recommend an alternate location should growth or safety concerns warrant. The result of accepting this report and recommendation will be that the Farmers' Market will remain open on Center Street and a portion of Church Avenue until December 31, 2002. FISCAL IMPACT None. ATTACHMENTS · Conditions of closure permit J:\COMMDEV~STAFF.REP\08-28 01 \farrnersmkt.doc EXHIBIT A November 14, 2000 Downtown Farmers' Market Center Street and a portion of Church Avenue CONDITIONS OF APPROVAL 1. The subject street closure shall be permitted through December 31, 2002, unless sooner revoked (in the sole discretion of the City Council) to accommodate the Downtown Farmers' Market. At the end of that time, the Farmers' Market shall be evaluated by the Community Development Director and findings shall be reported to the City Council. The City Council, at that time, may consider a further extension. 2. All Vendors or Activities to take place with the closed street right-of-way, other than those approved herein shall be approved the Community Development Director prior to their participation in the Farmers' Market. Approved Vendors and Activities · Certified Farmers' Market~ · Arts and Crafts hand made by the seller · Promotional activities that enhance the market but do not detract from the Downtown business environment to create significant noise, congestion, or safety hazards. · Downtown Business Association (DBA) merchants and businesses in good standing may sell or demonstrate merchandise and services that are currently sold within their Downtown premises. 3. The DBA shall provide, set-up and remove all signs, barricades, temporary traffic control devices related to the Farmers' Market and street cJosure in a timely manner (set-up completed no later than 3:30 p.m. and removal completed no later than 7:00 p.m.). All traffic control devices, signs, and barricades shall be placed in accordance with the sign placement plan approved by the City Traffic Engineer and shall conform to the State of California traffic control requirements. 4. The DBA will be responsible for the coordination and implementation of alt activities and regulations related to the street closure and Farmers' Market, the appropriate City of Chula Vista departments and staff, and any appJicable County, State, or Federal requirements. ~ A certified Farmers' Market is a location approved by the County Agricultural Commissioner, where certified farmers offer for sale only those items they grow themselves. Only the immediate family and salaried employees of a certified producer may act for and sell the products off that producer. Items include fresh and dried fruits and herbs, vegetables, nuts, honey, eggs. house plants and cut flowers, jerky, fresh fish, olives and baked goods. J:\COMMDEV\STAFF.REP\08-28-01 \EXHIBIT A to Farmers' Market.doc COUNCIL AGENDA STATEMENT Item Meeting Date 8/28/01 ITEM TITLE: Resolution Approving a salary adjustment for the Supervising Tree Trimmer classification (one incumbent) in the Public Works Department. SUBMITTED BY: Director of Human Resources ~ REVIEWED BY: City Manager {~t~0~, (4/5th Vote: Yes No X ) Request for a salary adjustment for the Supervising Tree Trimmer classification. This classification was not included in the final compensation report presented by John Shannon Associates and implemented in January of 2000, because the position was vacant. This classification now has one incumbent. RECOMMENDATION: Council adopt the resolution authorizing the salary adjustment for the Supervising Tree Trinuner classification, to be effective July 13, 2001. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: In April 1999, Council authorized a contract with John Shannon Associates to conduct a comprehensive compensation/classification study for all non-safety positions in the City. Based on recommendations from John Shannon Associates, the compensation portion of the classification study was implemented in January of 2000. All non-safety positions were internally aligned to comply with salary setting guidelines adopted by the Council. When the Supervising Tree Trimming class was created, it was tied to Public Works Supervisor because of the similarity in duties and responsibilities. However, because the Supervising Tree Trimming position was vacant during the compensation study, it was inadvertently not considered and was therefore not reflected in the final report. Staff believes that it is appropriate to adjust the salary of the Supervising Tree Trimming class in order to keep the tie between it and Public Works Supervisor. FISCAL IMPACT: The cost of this salmy adjustment for the fiscal year is $2,441.69 (difference between the Public Works Supervisor and Supervising Tree Trimmer, including benefits). The salary adjustment will be absorbed by the Public Works Department through anticipated salary savings. Therefore, no additional budget appropriations are required in fiscal years 2002 and 2003. RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SALARY ADJUSTMENT FOR THE SUPERVISING TREE TRIMMER CLASSIFICATION (ONE INCUMBENT) IN THE PUBLIC WORKS DEPARTMENT WHEREAS, when the Supervising Tree Trimmer classification was created, it was tied to Public Works Supervisor position because of the similarity in duties and responsibilities; and WHEREAS, because the Supervising Tree Trimmer position was vacant during the compensation study conducted by John Shannon Associates, it was inadvertently not considered and, therefore, not reflected in the final report; and WHEREAS, staff believe that it is appropriate to adjust the salary of the Supervising Tree Trimmer class in order to keep the tie between it and Public Works Supervisor. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve a salary adjustment of $2,441.69 for the Supervising Tree Trimmer classification to be effective July 13, 2001. Presented by Approved as to form by Candy Emerson ~d M. Kaheny Director of Human Resources ~/ty Attorney J:~attorney~reso~tree trimmer adjustment COUNCIL AGENDA STATEMENT Item ,ti Meeting Date 8/28/01 ITEM TITLE: Resolution Authorizing the City Engineer to issue Encroachment Permit No. PE-505 to Goodrich Aerostructures Group for the construction of a storm water treatment facility in an existing storm drain line located within City owned property SUBMITTED BY: Director of Public Works REVIEWED BY: City Manager ~l~ JS~, pt~ (4/5ths Vote: Yes __ NoX~) On August 7, 2001, Goodrich Aerostructures Group (Goodrich) submitted an application for an encroachment permit to construct a storm water treatment facility into an existing storm drain line located on City property. This treatment facility is a result of CLEANUP AND ABATEMENT ORDER NO. 98-08 issued to Goodrich April 2, 1998 from the California Regional Water Quality Control Board (RWQCB). The RWQCB required Goodrich to install a facility in an existing storm drain outfall that would limit tidal inflow and sediment discharge. According to Section 12.28 of the Municipal Code, any permanent structures built within right-of-way, City easements or City owned property, such as private storm drain systems require City Council approval utilizing the encroachment permit process. RECOMMENDATION: That Council approve the subject resolution authorizing the City Engineer to issue Encroachment Permit No. PE-505 to Goodrich Aerostructures Group for the construction of a storm water treatment facility in an existing storm drain line located within City owned property and direct the City Clerk to record said permit. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: On August 7, 2001, staff received a letter from Goodrich Aerostructures Group (Goodrich) requesting an encroachment permit to construct and maintain a storm water treatment facility within an existing 54 inch reinforced concrete storn~ drain line located on City property. Goodrich has been required to install this treatment facility as a result of CLEANUP AND ABATEMENT ORDER NO. 98-08 issued to Goodrich April 2, 1998 from the California Regional Water Quality Control Board (RWQCB - see Exhibit "A"). Goodrich has obtained approval form the RWQCB of complying with Order No. 98-08 by means of installing a storm water treatment facility within a segment of an existing 54 inch storm drain line close to its termination point and located on a small parcel of land owned by the City of Chula Vista (see Exhibit "B"). Goodrich claims the proposed treatment facility location is best suited for these improvements to be most effective in reducing the tidal backflow Page 2, Item Meeting Date 8/28/01 potential and in capturing harmful contaminants. Order No. 98-08 also requires Goodrich to take corrective action to clean up several other drainage facilities within Goodrich property. The existing 54 inch reinforced concrete storm drain line that will be modified with the treatment facility collects storm water runoff primarily from the north campus of the Goodrich facility that includes parking lots, private roads in the facility, and a tool yard. Public runoff from portions of Bay Boulevard and Marina Parkway also enters this storm drain system via various storm drain inlets. The treatment facility that will be installed in-line with this 54 inch storm drain pipe consists ora concrete weir (12 ft. long by 7.5 ft. wide by 8 ft. high) device that has been designed to prevent tidal water from entering the storm water conveyance system and to limit the discharge of sediment and groundwater from the outfall. The City's standard encroachment permits contain the necessary maintenance, removal and hold harmless clauses. The encroachment permit protects the City, its agents and employees from maintenance problems mad liability for damages and/or bodily injuries arising from the performance of the work connected with the construction of the storm drain force main. According to Section 12.28.020 of the Municipal Code, a Council resolution must authorize the issuance of the encroachment permit. FISCAL IMPACT: Goodrich has paid a $250.00 application fee for processing this encroachment permit. Attachments: Exhibit A RWQCB OrderNo. 98-08 Exhibit B Locator plat SE File: 0710-40-PE-505 J:\engineer\aGENl)A\[~E505resol .doc CERTIFIED- RETURN RECEIPTS REQUESTED San Diego Regional Water Quaaty Contro! April 2, 1998 Board Z 222 406 777 Z 222 406 778 ~vt c~rem~= M~a Mr. Robert Rau, Retiring Chief Executive Mr. Marshall Larsen, President m,~. sm= -^- Mr. David Wamon, Co-Chief Executive BF Goodrich Company, Inc. San Diego, C^. 92124-1324 Aerosu-ucmres Group of the Aerospace Div. 250 N. Cleveland-Massillon Rd (619) ,~7-29~2 of BF Goodrich Company P.O. Box 5501 FAX(atg)~t-6972 P.O. Box 878 Akron, Ohio 44334 Chula Vista, CA 91912-0878 Dear Executives: RE: ISSUANCE OF CLEANLrp & ABAT~M'ENT ORDER NO. 98-08 (Revised April 2, 1998) On April 1, 1998, my staff and I met with Mr. Art Sellgren, Director of Manufacturing Services and G. A. "Bud" Wetzler, Senior Vice President BF Goodrich Aerostructures Group to discuss the cleand~ and abatement process and your request to extend the due date for submittal of the Phase 1 Report (due May 4, 1998). I understand that an additional 30 days will be needed by your consultant to prepare the comprehensive Sitewide Environmental Site Assessment. Since a thorough Phase I Report will mutually benefit our future actions at this site, I agree [o extend the date for submimal of the Phase I Report to June 1, 1998. Enclosed is a revised copy of Cleanup & Abatement Order (CAO) No. 98-08 which reflects the extended date. This CAO replaces the March 26, 1998 version of CAO No. 98-08. This order is issued under authority of Water Code Section 13304 to the Aerostructures Group of BF Goodrich Aerospace and the BF Goodrich Company for discharges of petroleum and chlorinated hydrocarbons and metals to soft and ground water beneath 850 Lagoon Drive in Chula Vista, California. The issuallc¢ of this order will 1~ noticed at the April 8, 1998 Regional Board meeting. At that rime, you may request that a public hearing be held regarding the issuance of CAO No. 98-08. This meeting is opeu to public participation and you are welcome m attend. The meeting is scheduled for 9:00 a.m. at the Rancho California Water District, Board Room, 42135 Winchester Road, Temecula, Califorala~ CAO No. 98-08 2 April 2, 1998 My staff looks forward to working with you to achieve compliance with CAO No. 98- 08. If you have any questions, please contact Ms. Karen Zachary at (619) 467-2345. Sincerely'7 . Executive Officer JI-tR:jpa\sLic~rohrcov2.doc Attachments 1) CAO No. 98-08 2) Laterested Parties List Bill P=nokza, Water Quaiky ~ 26~998 ~9~9 ~dgc G~up ~d .~at~ent Order S~ Dido, C~ 921~ No. 9~8 Aeros~ Group ofBF ~od~ ~ ~=t~, S~ Di~o Bay Aerospace (fom~y Rohr, ~) E~m~ H~ and The BF ~odfi~ Company I717 Ke=~ Blv~ S~te ~100 S< Dido, C.& 92102 Dr. Wendy Lon~/~oo~ En~ror~e=t~ .~ M~ager Kan Ntoser .&erorw~ Cxoup of BE Goodrich S~ Dido Baykeeper .&erospace Di~Mon I~50 ~or isled D~e, S~re 207 850 Lagoon D~e S~ Dido, CA 92101 Ch~a ~ C,& 91910 g C~ S~omon~ Dk~or DaMd ~rge, Fa~d~o~em~ Comm~ Dev~opm~r M=ager Ci~ of Ch~a Aero~ ~oup ofBF ~o~ch 276 Fou~ Avenue ,keros~ace Di~on Chuia ~z CA 91910 850 Lagoon Ddve Chula ~5~ C,& 91910 Dick Bayer, Pfin~o~ ~ BFGW Group Mck Siordi~ ~o~tM Sp'~ 1420 Ka=~ Blv~ S~:e 700 .&ero~<~ ~up ofBF ~oddch ~ Dido, C~. 92101 Aerospac~ Di~on =~ 850 Lagoon D~e C~eHm ~aino U~r CMef Chuia D~ CA 91910 Stye'Male CompJi~ce Di~sion = DTSC-~ong B~cn ~ph ~c!~, ~o~en~ D~e<or 2~5 W. Broadway, State 550 S~ Diego U~ Po~ Di~= Long B~c~ 90802 P.O. 488 Chuck P~t~ S~ Co~ Dep~ ~r of~om~ P.O. Box 129261 S~ Dido, CA 92I 12-~6I S~ Dido Co-~ D~ of P.O. Box 129261 S~ Dido. CA 92II2-9261 CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SAN DI~iGO REGION CLEAxNUP AND ABATEMENT ORDER NO. 98-08 (Revised April 2, 1998) AEROSTRUCTURES GROUP OF BF GOODRICH AEROSPACE (formerly ROHR, I~C.) AND Tlq'E BF GOODRICH COMPANY 850 Lagoon Drive, Chula Vista San Diego County, California i. The Aerosmlcmres Group of the Aerospace Division of the BF Goodrich Co. (formerly Polar, Inc., and hereinafrer refcacd to as Rohr) discharged various waste~ from its manufacturing operations at 850 Lagoon Drive in Chula Vista, San Diego County. Rohr bas discharged chlo6nated solvents, metals, and fuel hydrocarbons to soil and ground water in multiple locations and metals into the storm water conveyance system serving the site. Other wastes associated with metal melting, metal casting, metal parts fabrication, degreasing, cleaning, anodizing, plating, chemical milling, conversion coating, painting, and sludge treatment/recycling activities may have been discharged. Discharges ofwaate from the storm water conveyance system, whether from within the system or infiltrative, are carried to San Diego Bay by daily tidal flux and storm water. Discharges of waste from Rohr have caused an exceedance of water quality objectives in ground water and surface water. 2. ha December t 997, BF Goodrich acquired Rohr and the facility is now known as the Aerostructures Group of the Aerospace Division of BF Goodrich. 3. This enforcement action is exempt from the provisions of the California Environmental Q~mHty Act (Pubhc Resources Code, §21000 et seq.) in accordance with §15321, Ch~ter 3, Title 14, California Code o f Regulations. IT IS HIe. REBY ORDERED that BF Goodrich Aerospace (formerly Rohr, Inc.) and The BF Goodrich Company of Richfiekk Ohio, hereina/ter "the Dischargers," shall cleanup the waste and the effects of the discharges in a manner that conforms with State Water Resources Control Board Resolution No. 92~9~ and shall: PROVIDE A SITEWIDE ENVIRONlViENTAL SITE ASSESSNiENT The Dischargers shall conduct an Environmental Site Assessment, commollly known as a phase One Site Assessment, and submit a report to the San Diego Regiona! Water Quality Control Board (SDRWQCB) by June 4, 1998. l) The Environmental Site Assessment Report 0aereinat~er Phase One Report) shall provide comprehensive documentation of historical through present-day facility uses, subsurface infrastructure, and disposal practices. Activities conducted to develop the Phase One Report should be equivalent to the ASTM Standard Practices for Environmental Site Assessments. Cle~nup a~d Abatement Orde~ No. 98-08 page ~d ~e BF ~ch Co~y ~e appm~ae dates) ~d ~c location(s) of op~on(s) r~la~ve to r~f~nces or c~t ~e fea~s shoed be ~clud~ ~gs shoed be prodded appropriate ~d co~ist~t sclc ~d a compreh~ive set of a~ ~d o~ photo~ should be ~eluded. 2) Site plot pl~ should cle~ly illu~te ~e c~t ~d ~ofic~ ah~menm ad loca~o~ of ~e fo~o~g feazes: i. Sto~in~, ~age convey~c~ (~clu~g fo~ e~e~clay ~ pip~ or fl~), md ab~ace u~ m~or b~ll~ u~W ~ch~. ii. E~h b~l~g md ~e ~p~v~t (e.g. m~, f~c~, ~). iii. ~ ~ps, o~wat~ s~to~, el~, ~po~t ~s), ~d o~ Eq~d w~te ~os~ fea~ ~elu~g ~e =~ci~ ~e poem. iv. ~ w~e d~ps, b~ d~ps, ~a~ffr~ye~g fea~, ~d o~ si~i6e~t w~te stooge md sohd w~te ~os~ ~e~. v, ~i ~el doc~, che~c~ ~f~ ~o~, ch~c~ ~g, ch~c~ ba~, de~e~, me~ w~g, md o~ w~te g~g ~d~ ack,ties. ~. All stooge v~sels of ~e~, oils, md h~o~ ~duc~ or w~ ~t ~ or above~ below~e, ~d ~d~d. ~i. ~ ~ wh~e m~t ~el, rocket pmpeHm; m~o~, or e~lo~v~ w~e te~e~ or o~se ~. viii. C~t ~d foyer ~sc~e ouffalln to S~ Diego Bay ~t ~w~ ~thln 1000 ba~d of~e 1940s shore~e ~om G~powd~ Po~t m 1000 feet ~u~ ofl S~et ix. ~e ~d reach of ~ ~e wat~ ~thi~ ~e ~o~ or o~ ab~e convey~ce ~e~. ~1 c~t ~d foyer e~io~ to S~ Diego Bay or im ~bu~ wat~ of my of~e ~ove f~ ~o~d ~ be ~clud~. Ace,s op~in~ ~d e~t md fo~ eo~o~ to ab~e ~inage ~ of~ of~e ~ove f~ shoed ~ be d~l~ 3) Li~ ~d e~l~fio~ ofp~ mat~ ~ w~ g~t~ md w~e ~os~ p~c~c~ shoed be ~clud~ ~d ~o~d be ~te~ ~ or key~ to ~e plot pl~. H~do~ mat~ ~o~ge ~d ~g ~ ~o~d ~ be d~b~ ~d d~ict~ ~c~y. 4) ~ of~o~ or ~t~ hy~lo~c~ ~fion(s) be~ ~e wat~ ~d ~d wat~ ~ould ~ d~b~ md d~ict~ ~y. Cleanup and Abat~n~nt Ord~ No. 98-08 page 3 BF Goodrich Aerospace (formerly Rohr, ~c.) 4/~98 ~d ~ BF G~ch Co~y B. CO~U~ CO~NS~ STO~ WA~R R~O~ S~L~G ~e Discharg~ sh~l conduct a Sto~ Water Runoff Samp~g Progr~ ~d ~b~t a r~o~ to · e SDRWQ~ by May 11, 1998. ~e compreh~ive Store Water Samp~g Repo~ con~ ~e m~l~ of ~pl~g ~e fo~o~g req~red el~: 1) Eot each sto~ wat~ convey~ce collect conc~t s~ples ~m loc~om dung ~e ne~ i. ~e mo~ do~ non~y-lnflu~ce~ acc~sible po~on of~e ~o~ w~ convey~ce ~ ~ SWCS) for e~h ~W catchm~t. ev~ ~ge ouff~ ~ong ~e p~p~ ~e, ev~ ~ge ouff~ locat~ beyond ~e prop~ ~e to wMch Ro~ is ~e sole or p~ con~butor of ~off (e.g. ouff~ to F&G S~t M~h), ~d iv. eve~ s~p~g Ioca~on from wMch pre~o~ s~pl~ have b~ coHect~ p~m~t to · e ~n~ ~dm~M Sto~ Wat~ Pr~t not des~bed ~d~ i, H, or ~ ~ove. 2) At ~e t*~,,in~ of ~ SWCS ouffM~ to w~ch Ro~ is ~e sole or p~ sto~ wmer con~butor, coH~t ~ lemt one s~ple of~e flow d~g ~ wea~. offiy be p~o~ ~ on~w~k of~ wea~ (no ~in~) ~d o~y d~g · low ~de wh~ ~e flow ~thin ~e sto~ ~ is ~ ~e outgo~g (seaw~d) ~on. 3) ~c~ s~p~g r~ ~ 1) ~d 2) ~ove sh~ be p~o~ ~g US~A-app~ved me~o~ w~ch have det~on levels app~pfiate for comp~son wat~ qu~W obj~v~. At a min~mnm; ~c fo[lo~g Co~en~ ~o~d be t~ s~l~: ~odW PoHu~t Me~; fi. Vol~e ~c Co~o~& (~clu~g PCE, TCE, ~E ~d Me~yl~e ~odde) iv. Pol~ucl~ ~m~c Hy~c~om; v. S~-Vot~le ~ Compo~; pH; ~S; Sp~c Conduc~ce ~) Ad~te q~ ~ce ~d q~ con~l (QMQC) p~ for s~p~g m~ be ~ md phot~o~m~on of field con,flora ~d s~p~g loc~om M ~q~ 5) Copi~ of~e ~c~ labo~to~ ~nmp~g repo~ for ~e ~p~g d~b~ ~ B.1) ~d 2) ~ove ~ be ~b~ Mong ~ ~e l~omto~ QMQC mat~ ~d ~e chnin- Cleanup and Abatement Order No. 98-08 page 4. BF Goodrich Aerospace (formerly RoM, Inc.) 4/2/98 and the BF Goodrich Company of-custody documents, to the SDRWQCB within three working days of the date originally received by the Dischargers. C. CONDUCT A COM~PREFIENSIVE STORM WATER CONVEYANCE SYSTEM INVESTIGATION The Dischargers shall conduct a comprehensive investigation of the storm water conveyance system (SWCS) that dr~inn all property formerly or currently controlled by the Dischargers. The property to be investigated ~ha[l include San Diego UuiMed Port District tideland areas where the Dischargers have operated. A Comprehensive Storm Water Conveyance System Investigation Report (SWCS Investigation Report) shall be submitted to the SDKWQCB by July 13, 1998. The following elements are required: I) The ali~mcnts, openings, connections, and flow gradients of the SWCS must be identified on map(s), whether or not the conveyances are currently in use. Each outdoer storm drain inlet and indoor floor drain opening shall be detailed, the approximate catchment area for each delineated, and the status of use (e.g. open, covered, permanently sealed, etc.) of the opening described. The competency of the SWCS must be thoroughly evaluated. To locate ends, openings, and interconnection(s), activities such as dye and smoke tests, geophysical techniques or video must be performed. Documentation of all field activity shall be included. 2) A description of flows which are or have been transported in each conveyance. At minimum. the description should distinguish flow which originates from precipitation (e.g. rain; snow), commonly called "storm water," from flow which orJ~nates fi:om all sources other than precipitation, commonly called "non-storm water." The description shall also include the approximate timefi:a.me each conveyance, or portion of each, was used for a distinct flow type (e.g. pipeline 'AB' held non-storm water-specifically degreasing process wastewater from the north east portion of Building 18 from 1955 to 1962). Elevation drawing showing San Diego Bay tidal influence at both low and high tides within all conveyances ori~nnting from the Dischargers' property ~hal] also be included. 3) Either concurrently or subsequently to a~tivities I) a~d 2) above, a flow quality investigation shall be conducted after a 1 week period ofcLry weather. For any sedimellt, sludge, or liquids found within the SWCS at or during low tide, a sample shall be taken, characterized, and analyzed. Field observations of the condition of that portion of the SWCS where the sediment, sludge or Equid was found shall be documented and submitted. 4) The Dischargers may elect to proceed with sealing, removing, cleaning out, othemdse repairing, or replacing (as appropriate) any portion of the SWCS conveyance to abate or prevent future discharges. Consideration of protecting the qtmllty of both surface water(s) Cleanup and Abatement Order No. 98-08 page BF Goodrich Aerospace (formerly Rohr, Inc.) 4/2/98 · nd the BF Goodrich Company and of ground water should be incorporated into these decision(s). All such activities undertaken fi'om the date of this order shall be documented until otherwise notified. 5) In the furore, a study of the integrity of the SWCS and an evaluation of its utilization and capacity for conveying storm water rtmoffmay be required. Any requirement for such a study may be requested at a date to be determined. D. PERFORM S1TEWIDE DATA COMPELATION AND EVALUATION The Dischargers shall compile and evaluate afl geologic, hydrogeologic, geochemical, and soil and ground water quality monitoring data generaed within the last 10 years. The Dischargers shaft submit a Data Compilation and Evaluation Report (Data Evaluation Report) to the SDKWQCB on or before May 27, 1998. I) The land area to be addressed shall include all cm~u£ and former property used, leased, or otherwise controlled by the Dischargers since its inception on the Chula Vista wat~.Gont as Rohr Ai~u~aff Company. The Data Evaluation Report shall also incorporate afl available data on properties that are in the upgradient (by ground water direction) of t. kis land area and west o f Intern',ate 5. 2) Data taken from original data source documents should be thoroughly referenced (e.g. document names, page numbers, dates, etc.) in the Data Evaluation Keport. E. IbITERIM REMEDIAL ACTION(S) The Dischargers shall conduct an Interim Remedial Action as neceasa~y to abate or correct the effects of the discharge and/or to mitigate emergency situatiolls, 1) Interim L~edial actions my occur concurrently with any other phase of soil and water investigation and/or cleanup and abatement. 2) The Discharger~ may submit proposals for appropriate interim remedial actiou(s) for consideration by the SDRWQCB at any time during the cleanup and abatement process. Clea. uup and Abatm~nt Order No. 98-08 page 6 BF Goodrich Aerospace (formerly Rohr, Inc.) 4/2/98 · ud the BF Goodrich Company PROVISIONS No Nuisance: Neither the ~rcatment nor the discharge ofw~stes shall create a condition of pollution or nuisance. Investigative Derived Wastes: The Dischargers shall properly manage, treat and/or dispose of COlltamlnatgd ~oiis and groUnd water in accordance with applicable federal, state, and local regulations. Additional regulatory action may be required to obtain proper permits for remedial actions, waste discharges, and related activities. Good Operation and Maintenance: The discharger shall maintain and operate, as efficiently as possible, any facility or control system installed to achieve compliance with the requirements of this Order. Access to Site and Records: The Dischargers shall permit the SDRWQCB or its authorized representative: i. Entry upon premises in which any pollution source exists, or may potentially exist, or in which any required records are kept, which are relevant to this Order. ii. Access to copy any records required to be kept under the requirements of this Order. iii. Inspection of any monitoring or remediation facilities immalled in response to this Order. iv. Sampling of any ground water or soil which is accessible, or may become accessible, as part of any investigation or remedial action program undertaken by the Discharger. Contractor/Consultant Qualifications: All hydrogeologic documents (plan~ specifications, and reports) shall be signed by and stamped with the seal of a California Registered Geologist, a Specialist Geologist, California Certified Engineering Geologist, or a California Registm-ed Civil Eo~ne~r with appropriate hydrologic experience. Lab Qualifications: All samples shall be analyzed by State-certified laboratories or laboratories accepted by the SDRWQCB using approved US Environmental Protection Agency methods for the type of analysis to be performed. Cleanup and Abatement Order No. 98-08 page 7 BF Goodrich Aerospace (formerly RoM, Inc.) 4/2/98 a.ud the BF Goodrich Compa,uy Periodic Review: The SDRWQCB will review this Order periodically and may revise it when necessary. The discharger may request revisions and upon review the Executive Officer may recommend that the SDRWQCB revise these requirements. Notifications/Reporting requirements: Failure to comply with the requirements of this Order may subject you to enfomement action, including but not limited to: admini~lxatively imposed civil liability up to $5,000 for each day in which the violation occm's, or referral to the Attorney General for injunctive relief or judicially imposed civil liability up to $15,000 per day, or referral to the District Attorney for criminal prosecution. Reimbursement of Regulatory Oversight Costs: The Dischargers are hereby notified that the SDRWQCB is entitled to and plans to seek reimbursement for all reasonable costs actually incurred by the SDRWQCB to investigate unauthorized discharges of waste and to oversee cleanup of such waste, the abatement or effects thereof, or other ~gmedial action required by thin cleanup and abatement order. Reimbursable costs may include costs incurred by the SDRWQCB since July 1, 1997. Upon receipt ora billing statement for such costs, the Dischargers shall reimburse the SDRWQCB. ~,/J~OHN H. RO~BERTUS Executive Officer Date issued: April 2, 1998 CALIFOR.hrIA REGIONAL WATER QUA!.ITY COt~KROL BOARD SA~ DIEGO REGION CLEANUP AND ABATEM~ENT ORDER NO. 98-08 (Revised April 2, 1998) AEROSTRUCTURES GROUP OF BFGOODRICIt AEROSPACE (formerly ROIt~ I1NC.) AND BFGOODRIClt COMI~ANY 850 Lagoon Drive, Chula Vista San Diego County, California REQUIREMENTS AND SCN~.DULE: SUBMT'~TAL: DEADLI~E: Phase One R~port June 4, 1998 Lab Report(s) fi'om Storm Water Progra~ within 3 working days of the daXe that the Diseharge~s receive it Storm Water Sampling Report -_ May 11, 1998 Data Evaluation Report May 27, 1998 SWCS Investigation Report July 13, 1998 Additional submittals will be required. Additional reqments may be established through the adoption of future amendment(s) to this Order or by other atlmini~Ctative mea~. ENDNOTES: ~ State Water Resoumes Control Board Resolution No. 9249 as amended is entitled "Policies and Procedures for ~rnveatigation and Cleanup and Abatonent of Discharges under Waste Code Section 13304." The amendment dates are April 1994 and October 1996. This document is attached for your reference. All State ~ater Resourc~ Policy and Procedures Documents are available 24 hours per day via the following lnternet website: www.swreb.ea, gov RESOLUTION NO.2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY ENGINEER TO ISSUE ENCROACHMENT PERMIT NO. PE-505 TO GOODRICH AEROSTRUCTURES GROUP FOR THE CONSTRUCTION OF A STORM WATER TREATMENT FACILITY IN AN EXISTING STORM DRAIN LINE LOCATION WITHIN CITY OWNED PROPERTY WHEREAS, On August 7, 2001, Goodrich Aerostructures Group (Goodrich) submitted an application for an encroachment permit to construct a storm water treatment facility into an existing storm drain line located on City property; and WHEREAS, the treatment facility is a result of CLEANUP AND ABATEMENT ORDER NO. 98-08 issued to Good~ich April 2, 1998 from the California Regional Water Quality Control Board (RWQCB); and WHEREAS, the RWQCB required Goodrich to install a facility in an existing storm drain outfall that would limit tidal inflow and sediment discharge; and WHEREAS, according to Chapter 12.28 of the Municipal Code, any permanent structures built within right-of-way, City easements or City owned property, such as private storm drain systems require City Council approval utilizing the encroachment permit process. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby authorize the City Engineer to issue Encroachment Permit No. PE-505 to Goodrich Aerostructures Group, in substantially the form presented with such minor modifications as may be required or approved by the City Attorney, for the construction of a storm water treatment facility in an existing storm drain line located within City owned property. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to record this said permit. Presented by Approved as to form by John P. Lippitt J~M. Kaheny Director of Public Works City Attorney J~\attorney\reso\encroachment permit PE 505 Recording requested by and pleaxe return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 [X] This document benefits permittee. Recording fee required. I (This space for Recorder's use, only) l C.V. File No. 0710-40-PE-505 AUTHORIZATION FOR ENCROACHMENT ON CITY PROPERTY Permit No. PE-505 Pursuant to Chapter 12.28 of the Chula Vista Municipal Code, permission is hereby granted by the City of Chula Vista (hereinafter "City") to: GOODRICH AEROSTRUCTURES GROUP and its successors and assigns (hereinafter "Permittee") whose mailing address is Rohr, Inc., Dba Goodrich Aerostructures Group, 850 Lagoon Drive, Chula Vista, CA 91910-2098, to do work within property belonging to the City of Chula Vistasubject to the terms and conditions contained in this permit ("Permit"). 1. City Property City's property ("City Property") affected by this permit described as follows: APN # 571-330-18 2. Benefited Property The property benefiting from the grant of this permit is the Goodrich Aerostructures Group and is described as follows: LEGAL DESCRIITrlON: That portion of fractional Quarter Section 171 of the Rancho De La Nacion, in the City of Chula Vista, in the County of San Diego, State of California, according to Map thereof by Morrill No. 166, Filed in the office of the County Recorder of San Diego County (Portion of APN # 571~330-25) 3. Permitted Encroachment Permittee has requested this Permit with respect to City Property for the following purpose ("Encroachment"): Installation of a private storm water treatment facility within an existing 54 inch RCP storm drain line in accordance with Chula Vista Building Permit No. B01-4289. Page 1 //-/7 4. Grant of Permit Permission is hereby granted to Permittee by City to install the above-mentioned Encroachment within City property at the location specified in accordance with the lbllowing terms and conditions: a. Encroachment shall be installed in a saIk and sanitary manner by Permittee as determined by City. Permittee shall be responsible for perpetual maintenance of the Encroachment at its sole cost in accordance with (a) all applicable federal, state and local laws (including that of the California Regional Water Quality Control Board), and (b) industry standards, so as to allow for normal function of the existing storm drain system. b. Encroachment shall, in no way interfere with the maintenance of street trees or operation of any existing utility, including but not limited to water meters, CATV and telephone pedestals, public storm drain and sewer lines. Any costs arising from changes of or to any City property or facility due to the Encroachment shall be the sole responsibility of Permittee. c. Maintenance, removal or relocation of Encroachment shall be the sole respo~ibility of Permittee, and/or Permittee's lessee, should there be any, at no expense to the City. In the event Permittee fails to maintain Encroachment as required by Condition 4(a) above, the City reserves the right to perform any needed maintenance to the Encroachment in order to restore proper functionality of the storm drain system and charge Permittee the costs of such maintenance. d. Encroachment shall conform to all standards and specifications as stated in the Chula Vista Municipal Code. e. Encroachment shall be constructed in accordance with approved City Building Permit No. B01-4289. Any modifications thereto shall require approval by the Director of Planning and Building. f. In the event that City transfers City Property to Permittee, Permittee shall still be responsible for maintenance of Encroachment as required by Condition 4(a) above in order to maintain normal function of the storm drain system. Permittee shall defend, indemnify, protect, hold harmless and release the City, its elected andappointed officers and employees, from and against all past, present or future claims Ibr damages, liability, cost and expense (including without limitation attorneys' fees) arising out of or in anyway related to the encroachment or the conduct of the Permittee, or any agent or employee, subcontractors, or others (including third parties) in connection with the execution of the work covered by this agreement, except only Ibr those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Permittee's indenmification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defendng against such claims, whether the same proceed to judgment or not. Further, Permittee 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. Permittee's indemnification of City shall not be limited by any prior or subsequent declaration by the Permittee. Permittee hereby agrees to and shall release, hold harmless and defend City, its elective and appointive boards, officers, agents and employees against any claim, and in any suit or proceeding, at law or in equity, for damages caused, or alleged to have been caused, by actions taken or alleged to have been taken, or in anyway related to or arising from actions taken, under this permit by Permittee directly or by his/her/their agent(s), contractor(s), or agents or employees of same. Permittee further agrees to and shall indemnify and hold harmless City, its elective and appointive boards, officers, agents and employees, as indemnities, for any claim, suit or proceeding submitted, brought or instituted against City as a result of actions taken, or alleged to have been taken, or in anyway related to or arising from actions taken, under this permit, including, but not limited to, any asserted liability for loss of or damage to property or for personal injury, including death. The undersigned Permittee hereby accepts the foregoing Encroachment permit upon the terms and conditions stated herein and agrees to comply with all stated terms and conditions and with all applicable laws, including any applicable provision of the Chula Vista Municipal Code. It is further agreed that if any part of Permittee's Encroachment or Page 2 Permittee's rights under this Encroachment Permit should interfere with the future use of the City's right of way by the general public, it must be removed or relocated at Permittee's expense and such right shall be terminated as and when indicated by City. In the event of a dispute arising as to the terms or interpretation of this permit, the City Engineer shall resolve said dispute in his sole and unfettered discretion, reasonably applied. CITY OF CHULA VISTA: Permit approved by: Date: Clifford L. Swanson Deputy Public Works Director/City Engineer (City Clerk to attach acknowledgment.) PERMITTEE: Signature: Date: Signature: Date: (Notary to attach acknowledgment.) [C:\W[NDOWS\Temporary lntemet Files~OLK8386\PE505permit [l~Cge 3 CITY COUNCIL AGENDA STATEMENT Item No. / ~ ~- Meeting Date: 8/28/01 ITEM TITLE: PUBLIC HEARING; SM-001F; Consideration of a second Urgency Ordinance Establishing the San Miguel Ranch Fiscal Deficit Fee. An Urgency Ordinance of the City of Chula Vista Establishing the San Miguel Ranch Fiscal Deficit Fee as a building permit based fee to provide permanent funding for the preparation of 15 annual fiscal reviews for the project, and for the payment of any fiscal deficits identified by the reviews, as required by Ordinance 2829 which established the San Miguel Ranch Fiscal Deficit Account. SUMITTED BY: Director of Planning and Building/~ REVIEWED BY: City Manage~J~V (4/Sths Vote: Yes X- No ~ On August 7, 2001, the City Council approved Urgency Ordinance 2841-A and Ordinance 2841 establishing the San Miguel Ranch Fiscal Deficit Fee (see attachments B and C). The imposition of this fee ensures that builders, and not the City or its residents will pay for any fiscal deficits associated with development of the San Miguel Ranch project (see Locator, attachment A). Adoption of the Urgency Ordinance was necessary to ensure that the fiscal deficit fee took effect immediately, because the Ordinance does not go into full effect immediately. However, since the first urgency ordinance expires within 30 days, it is necessary to approve a second Urgency Ordinance to enable the City to continue to collect the fee during the waiting period until the Ordinance takes effect. This second Urgency Ordinance will apply for 30 days until September 27, 2001. Ultimately, a third Urgency Ordinance, which is not before the Council at this time, will be necessary to extend fiscal deficit fee until the regular Ordinance takes effect. The Environmental Review Coordinator has determined that this action is not a project as defined in the California Environmental Quality Act, and therefore is not subject to environmental review. No further action is necessary. RECOMMENDATION: That the City Council approve the second Urgency Ordinance to take effect immediately for a period of 30 days. BOARDS AND COMMISSIONS RECOMMENDATION: Not applicable. Page 2, Item: Meeting Date: 8/28/01 DISCUSSION: San Miguel Ranch Fiscal Deficit Account: On 12/19/00, the City Council adopted Ordinance No. 2829 establishing the San Miguel Ranch Fiscal Deficit Account. It required that prior to approval of the first Final Map for San Miguel Ranch, the applicant (NNP-Trimark San Miguel, LLC) establish a permanent funding mechanism to pay for the annual fiscal reviews and any deficits created by the San Miguel Ranch project. Establishment of this account was required by conditions of approval of the San Miguel Ranch Tentative Map Chula Vista Tract 99-04, approved 2/29/00, and its findings are based on the Fiscal Impact Analysis prepared by CIC Research, which was approved in conjunction with the San Miguel Ranch Public Facilities Financing Plan. San Miguel Ranch Fiscal Deficit Fee: The San Miguel Ranch Fiscal Deficit Fee provides a permanent source of sufficient funds to offset projected, eventual operating deficits. The proposed fee structure considers the gradual collection of funds throughout the project's construction, along with interest earnings on those funds, and inflation, to ensure that adequate funds will exist to pay the City for projected deficits through the year 2015. The methodology utilizes a discounted cash flow analysis (Net Present Value). The Net Present Value was calculated utilizing a 3 percent discount rate, which assumes that the difference between inflation and interest rates is 3% per year. That rate was calculated using an assumed 3% inflation rate and a 6% return on fimds. The discount and inflation rate values are valid assumptions because they reflect historical averages. Net Present Value for purposes of this ordinance is the discounted value or amount of the building permit fee required, with consideration given to two things: First, that the money in the fiscal deficit account will earn interest or a return on funds estimated at approximately 6% per year; Second, that inflation, estimated at 3%, will decrease the value of the dollar and thus the City's spending power. As presented in the proposed Ordinances, the proposed fee would be as follows: $896.00 for each dwelling unit issued a building permit during year 2001. $922.00 for each dwelling unit issued a building permit during year 2002. $950.00 for each dwelling unit issued a building permit during year 2003. $979.00 for each dwelling unit issued a building permit during year 2004. $1,008.00 for each dwelling unit issued a building permit during year 2005. If project construction activity continues beyond year 2005, the per-dwelling-unit fee would continue to increase at the rate of an additional 3% per year to compensate for inflation. For example, the per-dwelling-unit fee for year 2006 would be $1,038, and $1,069 in the year 2007. As a result, the above methodology equally considers all 1394 units within the project, and Page 3, Item: ~, Meeting Date: 8/28/01 allows the fee to be independent o£the particular number of dwelling units that may bo permitted in any calendar year. For instance: Should permits be pulled at a more rapid rate in the first year (or any other year) than original projections, the City would actually benefit even though the per-unit fee is lower. This results from the fact that those funds would then begin earning interest at the approximate rate of 6% per year earlier than anticipated, and that the 6% rate is greater that the 3% inflationary increase in the annual dwelling unit permit fee. Should permits be pulled at a slower rate than original projections, remaining permits pulled in subsequent years would pay at the increased rates (3% /year) which compensate for annual inflationary losses. As a result, while the City does not specifically benefit from this slower rate (as with the accelerated permit scenario), there would be no negative impact because the building permit fees would increase over time until the project is built out. Annual Fiscal Analysis and Review of Fees: It should be noted that, as an additional protection to the City, each of the project's required annual fiscal deficit reviews will also include an evaluation of the necessity for, and amount of, the fee. This would include such considerations as the amount of fees collected and interest earned to-date, the rate of inflation, and the state of the economy. If the annual fiscal review discovers any significant changes from assumptions used in the FIA regarding the amount of the project's fiscal deficit, or the fee's structure, amendments to this ordinance would be brought forward for Council consideration along with the report on the results of each annual fiscal review. Adoption of Urgency Ordinance: The Final Subdivision Map for San Miguel Ranch approved on 8/7/01 created certain legal, buildable residential parcels. Il'the City's development regulations are satisfied for these parcels, it is possible that application for and issuance of building permits could occur in San Miguel Ranch within the 60 days following approval of the Final Map. A current, immediate threat to public safety could result if the San Miguel Ranch project does not pay its fair share of costs for City services related to its development, and a shortfall occurs which requires that funding be transferred from other City funds or programs, which could directly impact existing residents. Therefore, staff recommends the adoption of the attached second urgency ordinance to enact the fiscal deficit fee immediately. CONCLUSION In conclusion, staff recommends adoption of the proposed second urgency ordinance establishing the San Miguel Ranch Fiscal Deficit Fee in order to satisfy project conditions of approval, and mitigate the anticipated fiscal impact to the City from development of the San Miguel Ranch project. Page 4, Item: /~ Meeting Date: 8/28/01 FISCAL IMPACT: Staff time and associated costs for preparing an implementing the second urgency ordinance are being paid by the Applicant. Adoption of the proposed, second urgency ordinance effectively creates a positive fiscal impact for the City, in that it ensures that a permanent funding mechanism will exist to pay the City for conducting the annual fiscal reviews over the next 15 years, and for any fiscal deficits identified by those reviews. Attachments: A. Locator Map B. Ordinance 2841-A, San Miguel Ranch Fiscal Deficit Fee Urgency Ordinance (without exhibits) C. Ordinance 2841, San Miguel Ranch Fiscal Deficit Fee Ordinance (without exhibits) (H:\PLANNING\smr-fiscal~Rev2a 113.rpt.doc) BONITA SUNNYSIDE PROJECT ~ ESTANCIA ROLLING CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT P~OJEC~ DESCa~P~O~:  APPUCANT:11~I MARK PACIFIC-SAN MIGUEL LLC. San Miguel Ranch PROJECT Unincorporated County area adjacent Fiscal Impact Review Ordinance ADDRESS: to the northerly boundary of Chula VTsta. An ordinance establish a Fiscal Impact Review Process SCALE: FILE NUMBER: and Fund for the San Miguel Ranch Planned Community. NORTH No Scale SM-001F ATTACHMENT A ORDINANCE NO. 2841-A URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE SAN MIGUEL RANCH FISCAL DEFICIT FEE AS A BUILDING PERMIT-BASED FEE TO PROVIDE PERMANENT FUNDING FOR THE PREPARATION OF 15 ANNUAL FISCAL REVIEWS FOR THE SAN MIGUEL RANCH PROJECT, AND FOR THE PAYMENT OF ANY FISCAL DEFICITS IDENTIFIED BY THOSE ANNUAL REVIEWS, AS REQUIRED BY ORDINANCE 2829, WHICH ESTABLISHED THE SAN MIGUEL RANCH FISCAL DEFICIT ACCOUNT WHEREAS, the San Miguel Ranch Sectional Planning Area (SPA) Plan and Public Facilities Financing Plan/Fiscal Impact Analysis (PFFP/FIA) were approved by the City Council on October 19, 1999, by Resolution No. 19631; and WHEREAS, the PFFP/FIA identified that the San Miguel Ranch project would operate at an annual net fiscal deficit to the City; and WHEREAS, Condition No. 22 of Resolution 19631 required the project applicant to establish a mechanism to mitigate that deficit to the City's satisfaction prior to annexation of the project site; and WHEREAS, on February 29, 2000, the City Council approved a Master Tentative Subdivision Map for the San Miguel Ranch project by Resolution No. 2000-068; and WHEREAS, Condition No's. 95a. & 95b. of Resolution No. 2000-068 further specified the Applicant's responsibility to establish an account to finance the preparation of annual fiscal reviews and deficit analyses for the project, and to establish a permanent mechanism, prior to approval of the first Final Map within the project, to pay the City for the ongoing preparation of the annual reviews, and for any fiscal deficits identified by the annual reviews; and WHEREAS, on April 3, 2000, the San Diego Local Agency Formation Commission (LAFCO) adopted a Resolution (Ref. No. R099-42) approving San Miguel Ranch Reorganization subject to conditions, one of which reads "Pursuant to conditions regarding a forecasted annual fiscal deficit, contained in the SPA and Tentative Map, the property owner will establish and fund a mitigating mechanism to the City's satisfaction"; and WHEREAS, on December 19, 2000, in conjunction with actions on annexation of the San Miguel Ranch project area, the City Council approved Ordinance 2829, establishing the San Miguel Ranch Fiscal Deficit Account; and WHEREAS, pursuant to Sections 3 and 5 of Ordinance 2829, the Applicant (NNP- Trimark San Miguel, LLC) ("Applicant") shall, prior to approval of the first Final Map within the project, establish and fund a permanent mechanism to satisfy the Applicant's responsibility for funding preparation of the 15 annual reviews, and for payment of the project's fiscal deficits identified by those reviews; and WHEREAS, Exhibit 2, attached hereto, is an excerpt from the approved San Miguel Ranch PFFP/FIA and generally describes the forecasted annual fiscal deficit; and Ordinance 2841 -A Page 2 " WHEREAS, Exhibit 3, attached hereto, identifies the proposed San Miguel Ranch Fiscal Deficit Fee which will establish a permanent funding mechanism and ensure payment of said fee to the City prior to issuance of building permits, to mitigate any fiscal deficits resulting from the project; and WHEREAS, the City Council has determined, based upon information presented tO it in conjunction with prior action on the Project's SPA, PFFP/FIA, Tentative Subdivision Map and Annexation, that imposition of the San Miguel Ranch Fiscal Deficit Fee on all developments within the San Miguel Ranch SPA Plan area for which building permits have not yet been issued is necessary in order to protect the public safety and welfare, to ensure the effective implementation of the San Miguel Ranch SPA Plan, and is reasonably related to the development of the San Miguel Ranch Project; and WHEREAS, the Project's PFFP/FIA indicates that the City's operating deficits result from residential development, not commercial, so the proposed fees are proposed to be tied to residential dwelling units, both single and multiple family; and WHEREAS, the Environmental Review Coordinator has determined that the action is not a project as defined by the California Environmental Quality Act (CEQA), and therefore is not subject to environmental review. No further action is necessary. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: Section l. Territory to Which Fee is Applicable The area to which the San Miguel Ranch Fiscal Deficit Fee herein established shall be applicable is the same as the San Miguel Ranch SPA Plan, and defined by the San Miguel Ranch Reorganization (City Council Resolution 2000-482) and reflected on Exhibit 1, attached hereto ("Affected Territory"). Section 2. Purpose By Ordinance 2829, the City Council established the San Miguel Ranch Fiscal Deficit Account. Pursuant to Sections 3 and 5 of Ordinance 2829, the purpose of this ordinance is to establish the permanent funding mechanism to pay the City for conducting 15 annual fiscal reviews and analyses, and for any fiscal deficits resulting from the San Miguel Ranch project. Section 3. Establishment of Building Permit Fee A San Miguel Ranch Fiscal Deficit Fee ("Fee") to be expressed on a per-residential- dwelling-unit basis, shall be paid prior to the issuance of a building permit for any residential project with the Affected Territory. Section 4. Determination of Dwelling Units Each single family attached and detached dwelling tmit shall be considered one dwelling unit for purposes of this Fee. Each multi-family attached and detached dwelling unit shall also be Ordinance 2841-A Page 3 considered a dwelling unit for the purposes of this Fee. Commercial and other non-residential uses shall not be charged this Fee. Section 5. Time to Determine Amount Due; Advance Payment Prohibited The Fee for each residential dwelling unit shall be calculated at the time of building permit issuance and shall be the amount as indicated at that time and not when the tentative map or final map was granted or applied for, or when the building permit plan check was conducted, or when application was made for the building permit. The Fee shall be adjusted from time to time as the City determines appropriate. Section 6. Amount of Fee The Fee shall be calculated at the following rates: $896.00 for each dwelling trait issued a building permit during calendar year 2001; and $922.00 for each dwelling unit issued a building permit during calendar year 2002, and $950.00 for each dwelling unit issued a building permit during calendar year 2003, and $979.00 for each dwelling unit issued a building permit during calendar year 2004, and $1,008.00 for each dwelling trait issued a building permit during calendar year 2005. The calculation of the initial Fee for the San Miguel Ranch Fiscal Deficit Fee is shown in Exhibit 3. Should issuance of building permits for residential dwelling units continue beyond calendar year 2005, the fee shall be increased an additional 3% for each subsequent calendar year, and the increased fee shall be applied to all residential units issued building permits in that calendar year. The City Council intends to review the amount of this Fee annually or from time to time. The City Council may, at such reviews, adjust the amount of tiffs Fee as necessary to assure compliance with the purposes of this Fee as set forth herein, and the San Miguel Ranch SPA Plan and PFFP/FIA. Section 7. Authority for Accounting and Expenditures The proceeds collected from the imposition of this Fee and any interest earned thereon shall be deposited into the San Miguel Ranch Fiscal Deficit Account established by Ordinance 2829, and such proceeds shall be expended only for the purposes and under the authorities set forth in that Ordinance 2829. Section 8. Revision and Refund of Fees At such time as the City Council determines that this Fee is no longer required to be collected for the purposes set forth herein, the Fee shall be suspended. If the Fee is suspended as provided above, the Finance Director shall provide a report to the City Council summarizing the revenues and expenditures to date resulting from the Fee. If Ordinance 2841-A Page 4 there are surplus funds available, the City Manager shall provide a recommendation to the City Council on the most fair and equitable disposition of any excess Fees that may have been collected. In the absence of an alternative determination of fairness by the City Council, a refund which divides the remaining unused balance by the residential units for each developer, or applicant, who has paid the Fee shall be deemed a fair method. Section 9. Findings The City Council of the City of Chula Vista does hereby find that the establishment of the Fee is necessary to protect the public safety and welfare, to ensure the effective implementation of the San Miguel Ranch SPA Plan, and is reasonably related to the development of the San Miguel Ranch Project, for the following reasons: A. The San Miguel Ranch Tentative Map Resolution, Condition of Approval #95 requires that a Fiscal Deficit program be established to correct any annual operating deficiencies incurred by the City as a result of the development of the San Miguel Ranch Project. This program will finance the cost of 15 annual reviews and analyses of the fiscal impact of the Project upon the City, and payment of any fiscal deficits identified by those annual reviews. B. The San Miguel Ranch PFFP/FIA produces a representation of the project's fiscal impacts upon the City for uny given year to the buildout of the project. It is projected that the City's operating deficits will result fi.om residential development, not commercial or industrial, so the proposed fees are to be tied to residential units, both single family and multi-family. D. The amount of the Fee levied by this ordinance to fund the annual fiscal deficit analyses does not exceed the estimated cost of providing this service. E. The collection of the Fee established by this ordinance at the time of the building permit is necessary to ensure that funds will be available for the purposes described in the San Miguel Ranch PFFP/FIA and in Ordinance 2829. Section 10. Fee Additional to Other Fees and Charges The Fee established by this ordinance is in addition to the requirements imposed by other City laws, policies or regulations relating to the development of San Miguel Ranch. Section 11. Time Limit for Judicial Action Any judicial action or proceeding to attack, review, set aside, void or annul this ordinance shall be brought within the time period as established by Government Code Section 54995 after the effective date of this ordinance. Section 12. Expiration of this Ordinance Ordinance 2841-A Page 5 This ordinance shall be of no further force and effect when the City Council determines that the accounts are no longer needed for the purposes stated herein. Section 13. Effective Date This ordinance shall become effective sixty (60) days after its second reading and adoption. Presented by Approved as to form by Planning & Building Director t,,'City Attorney PASSED APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 7 h day of August, 2001, by the following vote: AYES: Councilmembers: Davis, Padill~, Rindone, Salas, and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None Shirley Hortond/Vlayor ATTEST: Susan Bigelow, City C~erk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2841-A was passed as an urgency measure on the 7th day of August, 2001. Executed this 7th day of August, 2001. Susan Bigelow, City Clerk ~ ORDINANCE NO. 2841 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE SAN MIGUEL RANCH FISCAL DEFICIT FEE AS A BUILDING PERMIT-BASED FEE TO PROVIDE PERMANENT FUNDING FOR THE PREPARATION OF 15 ANNUAL, FISCAL REVIEWS FOR THE SAN MIGUEL RANCH PROJECT, AND FOR THE PAYMENT OF ANY FISCAL DEFICITS IDENTIFIED BY THOSE ANNUAL REVIEWS, AS REQUIRED BY ORDINANCE 2829, WHICH ESTABLISHED THE SAN MIGUEL RANCH FISCAL DEFICIT ACCOUNT WI~IEREAS, the San Miguel Ranch Sectional Planning Area (SPA) Plan and Public Facilities Financing Plan/Fiscal Impact Analysis (PFFP/FIA) were approved by the City Council on October 19, 1999, by Resolution No. 19631; and WHEREAS, the PFFP/FIA identified that the San Miguel Ranch Project would operate at an annual net fiscal deficit to the City; and WHEREAS, condition number 22 of Resolution No. 19631, required the project applicant to establish a mechanism to mitigate that deficit to the City's satisfaction prior to annexation of the project site; and WHEREAS, on February 29, 2000, the City Council approved a Master Tentative Subdivision Map for the San Miguel Ranch project by Resolution No. 2000-068; and WHEREAS, condition no's. 95a & 95b of Resolution No. 2000-068, further specified the Applicant's responsibility to establish an account to finance the preparation of annual fiscal reviews and deficit analyses for the project, and to establish a permanent mechanism, prior to approval of the first Final Map within the project, to pay the City for the ongoing preparation of the annual reviews, and for any fiscal deficits identified by the annual reviews; and WHEREAS, on April 3, 2000, the San Diego Local Agency Formation Commission (LAFCO) adopted a Resolution (Ref. No. R099-42) approving San Miguel Ranch Reorganization subject to conditions, one of which reads "Pursuant to conditions regarding a forecasted annual fiscal deficit, contained in the SPA and Tentative Map, the property owner will establish and fund a mitigating mechanism to the City's satisfaction"; and WHEREAS, on December 19, 2000, in conjunction with actions on annexation of the San Miguel Ranch project area, the City Council approved Ordinance 2829, establishing the San Miguel Ranch Fiscal Deficit Account; and Ordinance 2841 Page 3 establish the permanent funding mechanism to pay the City for conducting 15 annual fiscal reviews and analyses, and for any fiscal deficits resulting fi-om the San Miguel Ranch project. Section 3. Establishment of Building Permit Fee A San Miguel Ranch Fiscal Deficit Fee ("Fee") to be expressed on a per-residential-dwelling-unit basis, shall be paid prior to the issuance of a building permit for any residential project within the Affected Territory. Section 4. Determination of Dwelling Units Each single family attached and detached dwelling unit shall be considered one dwelling unit for purposes of this Fee. Each multi-family, attached and detached dwelling unit, shall also be considered a dwelling unit for the purposes of this Fee. Commemial and other non-residential uses shall not be charged this Fee. Section 5. Time to Determine Amount Due; Advance Payment Prohibited The Fee for each residential dwelling unit shall be calculated at the time of building permit issuance, and shall be the amount as indicated at that time and not when the tentative map or final map was granted or applied for, or when the building permit plan check was conducted, or when application was made for the building permit. The Fee shall be adjusted fi-om time to time as the City determines appropriate. Section 6. Amount of Fee The Fee shall be calculated at the following rates: $896.00 for each dwelling unit issued a building permit during calendar year 2001; and $922.00 for each dwelling unit issued a building permit during calendar year 2002, and $950.00 for each dwelling unit issued a building permit during calendar year 2003, and $979.00 for each dwelling unit issued a building permit during calendar year 2004, and $1,008.00 for each dwelling unit issued a building permit during calendar year 2005. The calculation of the initial Fee for the San Miguel Ranch Fiscal Deficit Fee is shown in Exhibit 3. Should issuance of building permits for residential dwelling units continue beyond calendar year 2005, the fee shall be increased an additional 3% for each subsequent calendar year, and the increased fee shall be applied to all residential units issued building permits in that calendar year. Ordinance 2841 Page 5 C. It is projected that the City's operating deficits will result fi.om residential development, not commercial or industrial, so the proposed fees are to be tied to residential units, both single family and multi-family. D. The amount of the Fee levied by this ordinance to fund the annual fiscal deficit analyses does not exceed the estimated cost of providing this service. E. The collection of the Fee established by this ordinance at the time of the building permit is necessary to ensure that funds will be available for the purposes described in the San Miguel Ranch PFFP/FIA and in Ordinance 2829. Section 10. Fee Additional to Other Fees and Charges The Fee established by this ordinance is in addition to the requirements imposed by other City laws, policies or regulations relating to the development of San Miguel Ranch. Section 11. Time Limit for Judicial Action Any judiciat action or proceeding to attack, review, set aside, void or annul this ordinance shall be brought within the time period as established by Government Code Section 54995, after the effective date of this ordinance. Section 12. Expiration of This Ordinance This ordinance shall be of no further fome and effect when the City Council determines that the accounts are no longer needed for the pm-poses stated herein. Section 13. Effective Date This ordinance shall become effective sixty (60) days after its second reading and adoption. Presented by Approved as to form by Planning and Building Director (~y Attorney ORDiNANCE NO. AN URGENCY ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA ESTABLISHING THE SAN MIGUEL RANCH FISCAL DEFICIT FEE AS A BUILDiNG PERMIT BASED FEE TO PROVIDE PERMANENT FUNDING FOR THE PREPARATION OF 15 ANNUAL FISCAL REVIEWS FOR THE SAN MIGUEL RANCH PROJECT, AND FOR THE PAYMENT OF ANY FISCAL DEFICITS DENTIFIED BY THOSE ANNUAL REVIEWS, AS REQUIRED BY ORDINANCE 2829 WHICH ESTABLISHED THE SAN MIGUEL RANCH FISCAL DEFICIT ACCOUNT WHEREAS, the San Miguel Ranch Sectional Planning Area (SPA) Plan and Public Facilities Financing Plan/Fiscal Impact Analysis (PFFP/FIA) were approved by the City Council on October 19, 1999, by Resolution No. 19631; and WHEREAS, the PFFP/FIA identified that the San Miguel Ranch Project would operate at an annual net fiscal deficit to the City; and WHEREAS, condition no. 22 of Resolution 19631 required the project applicant to establish a mechanism to mitigate that deficit to the City's satisfaction prior to annexation of the project site; and WHEREAS, on February 29, 2000, the City Council approved a Master Tentative Subdivision Map for the San Miguel Ranch project by Resolution No. 2000-068; and WHEREAS, condition nos. 95a. & b. of Resolution No. 2000-068 further specified the Applicant's responsibility to establish an account to finance the preparation of annual fiscal reviews and deficit analyses for the project, and to establish a permanent mechanism, prior to approval of the first Final Map within the project, to pay the City for the ongoing preparation of the annual reviews, and for any fiscal deficits identified by the annual reviews; and WHEREAS, on April 3, 2000, the San Diego Local Agency Formation Commission (LAFCO) adopted a Resolution (Ref. No. R099-42) approving San Miguel Ranch Reorganization subject to conditions, one of which reads "Pursuant to conditions regarding a forecasted annual fiscal deficit, contained in the SPA and Tentative Map, the property owner will establish and fund a mitigating mechanism to the City's satisfaction"; and WHEREAS, on December 19, 2000, in conjunction with actions on annexation of the San Miguel Ranch project area, the City Council approved Ordinance 2829, establishing the San Miguel Ranch Fiscal Deficit Account; and WHEREAS, pursuant to Sections 3 and 5 of Ordinance 2829, the Applicant (NNP-Trimark San Miguel, LLC) ( "Applicant" ) shall, prior to approval of the first Final Map within the project, establish and fund a permanent mechanism to satisfy the Applicant's responsibility for funding preparation of the 15 annual reviews, and for payment of the project's fiscal deficits identified by those reviews; and ORDINANCE NO. PAGE 2 WHEREAS, Exhibit 2 attached hereto is an excerpt from the approved San Miguel Ranch PFFP/FIA and generally describes the forecasted annual fiscal deficit; and WHEREAS, Exhibit 3 attached hereto identifies the proposed San Miguel Ranch Fiscal Deficit Fee which will establish a permanent funding mechanism and ensure payment of said fee to the City prior to issuance of building permits, to mitigate any fiscal deficits resulting from the project; and WHEREAS, the City Council has determined, based upon information presented to it in conjunction with prior action on the Project's SPA, PFFP/FIA, Tentative Subdivision Map and Annexation, that imposition of the San Miguel Ranch Fiscal Deficit Fee on all developments within the San Miguel Ranch SPA Plan area for which building permits have not yet been issued is necessary in order to protect the public safety and welfare, to ensure the effective implementation of the San Miguel Ranch SPA Plan, and is reasonably related to the development of the San Miguel Ranch Project; and WHEREAS, the Project's PFFP/FIA indicates that the City's operating deficits result from residential development, not commercial, so the proposed fees are proposed to be tied to residential dwelling units, both single and multiple family; and WHEREAS, the Environmental Review Coordinator has determined that the action is not a project as defined by the California Environmental Quality Act (CEQA), and therefore is not subject to environmental review. No further action is necessary; and WHEREAS, the first reading of Ordinance 2841 by the City Council occurred on August 7, 2001, and the second reading of Ordinance 2841 by the City Council occurred on August 14, 2001; and WHEREAS, Urgency Ordinance 2841-A, was adopted on August 7, 2001, and shall be of no further force and effect thirty (30) days after its adoption; and WHEREAS, said interim measures are effective for thirty (30) days and may be extended twice for an additional thirty (30) day period upon subsequent action by the City Council; and WHEREAS, state law requires said urgency ordinance to be adopted by a four- fifths vote. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: Section 1. Territory to Which Fee is Applicable. The area to which the San Miguel Ranch Fiscal Deficit Fee herein established shall be applicable is the same as the San Miguel Ranch SPA Plan, and defined by the San Miguel Ranch Reorganization (City Council Resolution 2000-482) and reflected on Exhibit 1 attached hereto ("Affected Territory"). ORDINANCE NO. PAGE 3 Section 2. Purpose. By Ordinance 2829, the City Council established the San Miguel Ranch Fiscal Deficit Account. Pursuant to Sections 3 and 5 of Ordinance 2829, the purpose of this ordinance is to establish the permanent fimding mechanism to pay the City for conducting 15 annual fiscal reviews and analyses, and for any fiscal deficits resulting from the San Miguel Ranch project. Section 3. Finding of Urgency That the City Council of the City of Chula Vista finds that it is necessary that this ordinance go into effect immediately to enable the collection of the San Miguel Ranch Fiscal Deficit Fee at the time of the issuance of the building permits for each dwelling unit, so that the San Miguel Ranch property pays its fair share of the cost of delivering City improvements and services during the development of the project, and thereby mitigate any fiscal impact to the City. Immediate implementation of this fee is necessary due to current and immediate threat to public safety which will result should there be a shortfall in the mount of money necessary to provide City improvements and services. The City Council finds that the prospect ora financial shortfall and concern about increasing charges to existing City property owners constitutes a current, immediate threat to the public health, safety and welfare justifying the immediate imposition of this fee. Section 4. Establishment of Building Permit Fee A San Miguel Ranch Fiscal Deficit Fee ("Fee") to be expressed on a per- residential-dwelling-unit basis, shall be paid prior to the issuance of a building permit for any residential project with the Affected Territory. Section 5. Determination of Dwelling Units Each single family attached and detached dwelling unit shall be considered one dwelling unit for purposes of this Fee. Each multi-family attached and detached dwelling unit shall also be considered a dwelling unit for the purposes of this Fee. Commercial and other non-residential uses shall not be charged this Fee. Section 6. Time to Determine Amount Due; Advance Payment Prohibited. The Fee for each residential dwelling unit shall be calculated at the time of building permit issuance and shall be the amount as indicated at that time and not when the tentative map or final map was granted or applied for, or when the building permit plan check was conducted, or when application was made for the building permit. The Fee shall be adjusted from time to time as the City determines appropriate. Section 7. Amount of Fee. The Fee shall be calculated at the following rates: ORDINANCE NO. PAGE 4 $896.00 for each dwelling unit issued a building permit during calendar year 2001; and $922.00 for each dwelling unit issued a building permit during calendar year 2002; and $950.00 for each dwelling unit issued a building permit during calendar year 2003; and $979.00 for each dwelling unit issued a building permit during calendar year 2004; and $1,008.00 for each dwelling unit issued a building permit during calendar year 2005. The calculation of the initial Fee for the San Miguel Ranch Fiscal Deficit Fee is shown in Exhibit 3. Should issuance of building permits for residential dwelling units continue beyond calendar year 2005, the fee shall be increased an additional 3% (percent) for each subsequent calendar year, and the increased fee shall be applied to all residential units issued building permits in that calendar year. The City Council intends to review the amount of this Fee annually or from time to time. The City Council may, at such reviews, adjust the amount of this Fee as necessary to assure compliance with the purposes of this Fee as set forth herein, and the San Miguel Ranch SPA Plan and PFFP/FIA. Section 8. Authority for Accounting and Expenditures. The proceeds, collected from the imposition of this Fee and any interest earned thereon shall be deposited into the San Miguel Ranch Fiscal Deficit Account established by Ordinance 2829, and such proceeds shall be expended only for the purposes and under the authorities set forth in that Ordinance 2829. Section 9. Revision and Refund of Fees. At such time as the City Council determines that this Fee is no longer required to be collected for the purposes set forth herein, the Fee shall be suspended. If the Fee is suspended as provided above, the Finance Director shall provide a report to the City Council summarizing the revenues and expenditures to date resulting from the Fee. If there are surplus fimds available, the City Manager shall provide a recommendation to the City Council on the most fair and equitable disposition of any excess Fees that may have been collected. In the absence of an alternative determination of fairness by the City Council, a refund which divides the remaining unused balance by the residential units for each developer or applicant who has paid the Fee shall be deemed a fair method. ORDINANCE NO. PAGE 5 Section 10. Findings. The City Council of the City of Chula Vista does hereby find that the establisl'nnent of the Fee is necessary to protect the public safety and welfare, to ensure the effective implementation of the San Miguel Ranch SPA Plan, and is reasonably related to the development of the San Miguel Ranch Project, for the following reasons: A. The San Miguel Ranch Tentative Map Resolution, Condition of Approval//95 requires that a Fiscal Deficit program be established to correct any annual operating deficiencies incurred by the City as a result of the development of the San Miguel Ranch Project. This program will finance the cost of 15 annual reviews and analyses of the fiscal impact of the Project upon the City, and payment of any fiscal deficits identified by those annual reviews. B. The San Miguel Ranch PFFP/FIA produces a representation of the project's fiscal impacts upon the City for any given year to the buildout of the project. C. It is projected that the City's operating deficits will result from residential development, not commemial or industrial, so the proposed fees are to be tied to residential units, both single family and multi-family. D. The amount of the Fee levied by this ordinance to fund the annual fiscal deficit analyses does not exceed the estimated cost of providing this service. E. The collection of the Fee established by this ordinance at the time of the building permit is necessary to ensure that funds will be available for the purposes described in the San Miguel Ranch PFFP/FIA and in Ordinance 2829. Section 11. Fee Additional to Other Fees and Charges. The Fee established by this ordinance is in addition to the requirements imposed by other City laws, policies or regulations relating to the development of San Miguel Ranch. Section 12. Time Limit for Judicial Action. Any judicial action or proceeding to attack, review, set aside, void or annul this ordinance shall be brought within the time period as established by Government Code Section 54995 after the effective date ofthis ordinance. Section 13. Expiration of This Ordinance This ordinance shall be of no further force and effect 30 days after its adoption. Section 14. Effective Date This ordinance shall become effective immediately upon four-fifths vote. ORDINANCE NO. PAGE 6 Presented by Approved as to form by Robert A. Leiter John I~a~{ern/y Director of Planning & Building City Attorney Exhibit I: Area Subject to Fiscal Deficit Fee Exhibit 2: Excerpt from PFFP/FIA Identifying the San Miguel Ranch Project's Fiscal Deficit Exhibit 3: Table of Potential Funding Alternatives for Fiscal Operating Deficit (H:\shared\planning\ smr-fiscalordinance.urg.doc) Area Subject to Annual Fiscal Deficit Fee CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION:  APPUCANT:TRt MARK PACIFIC-SAN MIGUEL LLC. San Miguel Ranch PROJECT Unincorporated County area adjacent Fiscal Impact Review Ordinance ADDRESS: to the northerly boundary of Chula Vista. An ordinance establish a Fiscal Impact Review Process SCALE: FILE NUMBER: and Fund for the San Miguel Ranch Planned Community. NORTH No Scale SM-001F EXHIBIT I Fi~c~l Analysis hanãles the'maintenance of cit), parks and proyided p:!Ik maintenance costS ofS8.39Q per public park acre. C]C alloc::ned the park cost on a per acre (3~0 acres citywide and J 2.-15 required acres for San Miguel Ranch) and recreation coStS on a per housing unit basis. Annual park maintenance costs allocated to San Miguel Ranch are estimated at S 10-\.568 at build-out ($8.399 . 12.45). VisUI Mother Miguel does not include any park uses. Howe:yer. park costs of$8.399 X .4 acres were applied because of the city's requirement for 3 acres of park per 1.000 population. Therefore, annual park maintenance engineering CostS for Vista Mother Miguel are 53,400. Excluding the Women's Club. which is assumed to be self-supponing, costS for recreation services total $46 per housing unil. Using, this multiplier, results in costs of$64,600 for the San Miguel Ranch (refer to Table A-18) and $2,000 for Vista Mo!her Miguel,Crefer to Tab!e B-18). The following table details the cost allocation for Parks and Recreation. 98/99 Bud2'et Cost Allocation Unit/Acre Parks $3,127,684 $8.399 per park acre Aåmirùstration-Parks 374.260 AdminiStration-Open Space 334.552 Pro\'id~d by lighting & landscape disüic! MaÜuenance 2,418.870 General 2,147,44:5 :-"Iarina Park 271,425 Not applicable Recreauon 5;2,:502,606 ~46 per housing unit Athletics 260,720 £5 per housing unit Aquarics 516,172 ~1 0 per housing unit SeIlÌor Citiz= 288.839 $5 per housing unit Gene¡-a] 1,062.615 $20 per housing unit A drrùnistrari 0 n- Re creari a n 374.260 $7 per housing unit ;-.¡ et Fiscal Impact Urilizing the previously menrioned methodologies, estimated net fiscal impacts are presenred in Tables 61 and 62. As previously menrioned, a1l values at:: in 1998 dolla.-s. No a.m¡ual adjustments to revenues or costS were utilized. The esùmat~d annual flows of coStS and revenues are primariJy related to the eStimated project absorption. " Table 61 presents the results of the fiscal impact associated with the Sari Miguel Ranch. Fiscal revenues range: ITom $219,500 in the first year ohiev!lopment (2001) to $1,13 7 ,300 at build-out (2006). Fiscal expendituJ'es range from $219,f00 in year one to $1,262,400 at build-out. The net fiscal impact ITom developing the San Miguel Ranch is a positive $400 in year one and becomes a negarive$125,1 00 at project build-out. It should be noted that during some ye3I"S the net fiscal impact will be more or less due to inftequently needed Street repairs. . /4 . 1 San Miguel Rlnch /" ~Y"'If3IT f Public Foci!i,;"" FiMCInce P!a~ ~4~:- M,¡ j San \ Ü~ud Ranch cor'.sis!5 ora typical mixed land-use plan incluciing single [ami];' nC1iJleõ. multj.f~:nil\' homes. neighborhood Shopping center. parks and schooL The homes range froill $140.000 f;r a multi-family. unit to ~400.000 for a single family home on a large 101. The median ho.using price and associated eStima1ed household income: for San Miguel Ranch are signiñcanúy higher than the overall ci1Y. The San Miguel Ranch is expec1ed to generate higher than average per unit property and sales taxes. Oth~r revenues arc exp~cted to be at or abo\-e city averages. ln t~rms of expenditUres, this project is not expected 10 incur ¡my unusual or higher than ave:-age coStS for city sen'ic~s. The primary factor responsible for this project's Degative fiscal impact is primarily due to the rdarive]y small city share of propeny ta;,es under the existing annexalÍon agreemem with the County. Because the project is currently located in the County of SaD Diego and proposed to be annexed into the City of Chula Vista, the city's share of property tax is determined by the City/County Master Tax Agreement. which 1imits the city' s share to 8.6 percent. For properties located within the Ciry of Ch¡,lIa Vista. the average city share of properry tax is rough)y 14.7 percent. If San Miguel Ranch utilized a 1 4.7 percem share, rhe fiscal impact would be positive for all years presented in Table 61- The last year presented based on a 14.7 percent share would be positive $98.200. Table 62 presents the results of the fiscal impact associated with Vista Mother Miguel. Fisca1 r:Veilues are $32)00 in year 2002 and remain the same throughout the presented development schedule, due to forecasted one-year absorption schedule. Fiscal expendirores are S34,700 in 2002 and increase to $35,000 at build-out. The increase in expenses is n::lated to the infrequent street repair costS. The net fiscal impact from developing ViSta Mother Miguel is a negative $2,000 for all presented years except the year 2006 ($2,300), which includes street maintenance costs. Similar to San Miguel Ranch. the median housing price and associated eStimated household income for Vista Mother Miguel are signmcantJy higher than the m'erall city. Vista Mother Miguel is expected ro generate higher than average per unit property and sales taxes. Oth:r revenu:s are expected to be at or above ciTY averages. [n terms of expenditures. this project is not expected to incur any unusual or higher than average costs for city services. This projecr is also proposed to be annexed into the city, which limits the city's share of prop:r!}' t2X ro 8.6 percent. For both the San Miguel Ranch project and the Vista Mother Miguel subdi'[jsion, the City and the developer will negotiate and establish a fee program to offset the projected fiscal deficitS through a condition of approval ofth: SPA and/ortentanve subdivision map. ~ ri / :J~d~ - ~ . K,_. . ~ Fiscal Analysis Table 61 :\ET FlSCAL IMPACT OF THE SA-'" MIGliEL R..<I,..!'¡CH ON THE CITY OF CHULA VISTA Re\t:nuc: Sources ReYenues (In Thousands) 2001 2002 2003 2004 2005 2006 Secured Property Ta.x 560.4 513\.4 5196.5 5262.3 5314.7 531.1.7 Uosecured Property Tax 50.0 50.0 SO.O $0.0 53.3 53.3 Property Transfer Tax S5.5 512.0 S17.9 $24.0 $:17.9 527.9 Sales & Use Tax 587.0 5188.5 5265.6 5351.9 $451.1 S451.1 Fran~hise Tax -'"0 ~4.7 ,5]0.1 514.4 $19.1 $30.8 $30.8 TOT Tax SO.7 $1.5 .$2.1 $2.7 $4.0 54.0 Utili!)' Tax S6A $138 $19.5 $25.9 $41.7 $41.7 Busim:ss License $0.0 $0,0 $0.0 $0.0 $6.3 $6.3 Miscellaneous Revenues lliJ.. llili. $167.4 m1!. £R§... $157.6 TOTAL REVE1\LJES 5219.5 $476.1 5683.3 5909.3 $1,137.3 51,137.3 Expenditure Sources Expenditures (In Thousands) 2001 2002 2003 2004 2005 200t Government Admin. $39.& $94.1 S137.2 $185.0 $225.6 $129.3 Planning 53.& 5&.3 511.7 $15.6 $19.1 519.1 Police 5&&.9 $192.6 $271.5 $360.7 5467.4 $467.2 Fire $36.2 S78.4 5110.5 $146.9 51&0.1 5180.1 Library 522.2 548.0 567.7 $&9.9 5103.0 5103.0 Public Works SI42 533.5 $48.7 $65.7 5n6 594.5 Park and Recreation S13.9 562,9 5108,0 $154.7 $169.2 $169.2 TOT A.L EXPE!\DlTURES 5219.1 5518.0 5755.4 51,018.4 51,241.7 51,262.4 2001 2002 2003 2004 2005 200 TOTAL REVENUES $219.5 $476.1 5683.3 $909.3 $1,137.3 $1,1 37.: TOTAL EXPENDITURES $2]9.1 $518.0 $ï55.4 ~ S1.241.7 'S1.:!6:!.< l't'ET FISCAL IMPACT 50.4 (S41.9) (572,0) ($109.1) (5104.3) (S12:5,1 .' n4 / ;)--~3r ~ San Miguel Ranch / l'ublir: Facilities Fin:m", l'lan 4.4.14-20 0') ',., . .---- Table 62 :'\ET FISCAL I!\1PACT OF YISTA MOTHER MIGUEL 0:"1 THE CITY OF CHULA VISTA R:\'enue Sources Revenues (In Thousands) 20Ot 1002 1003 2004 2005 !OO6 Secured Proper!)' Tax SO.O S9.8 59.8 S9.8 $9.8 59.8 Unsecured Proper!)' Tax SO.O 50.0 50.0 50.0 SO.O SO.O Property Transfer Tv; SO.O 50.9 50.9 50.9 50.9 50.9 Sales&UseTa:< SO.O S12.5 S12.5 512.5 S11.5 512.5 Franchise Ta.x $0.0 50.7 50.7 50.7 $0.7 SO.7 TOrT,x 50.0 SO.! 50.1 SO.I SO. I SO.1 Utilir\' Tax 50.0 SO.9 50.9 SO.9 $0.9 50.9 Busi~t:ss License 50.0 SO.O $0.0 SO.O SO.O 50.0 Miscellaneous Revenues ~ $7.9 $7.9 $7.9 57.9 $7.9 TOTAL REVP,UES SO.O 532.7 531.7 !>32.7 S32.7 532.7 Exp:nditureSourc:s Expenditures (In Thousands) 2001 1001 2003 2004 2005 1006 Government Admin, SO.O 56.3 56.3 . $6.3 $6.3 S6.4 Planning 50.0 50.6 50,6 $0.6 50.6 50,6 Polico SO.O 5]2.7 512,7 512.7 S12.7 S12.7 Fire SO.O 55.2 55.2 S5.2 55.2 55.2 .- Library $0.0 53.2 53.2 $3.2 532 $32 Public Works $0.0 $1.4 $1.4 $1.4 51.4 $1.7 Park and Recreation 50.0 S5.4 55.4 55.4 55.4 lid... TOTAL EXPE!\"DITURES 50.0 534.7 $34.7 $34.7 534.7 535.0 2001 1002 1003 2004 200S 2006 TOTAL REVENlJE5 $0.0 532.7 532.7 532.7 532.7 532.7 TOTAl EXPENDITURES 50.0 534.7 S3.U 534.7 S34.7 5350 !\'ET FISCAL Ll\1PACT SO.O (52.0) (Sl.0) (S2.0)' (52.0) (52.3) ,. ~ Id--:;It- ~ ~ ..¿) ~'.!.i San Mi!!:ue! Ranch ~-_..._- Oi/U" o~ ,,~,",o" r.,.'"'" "O, '"-0 ~ . ~ "'-":'.~-!<CM V'. - 'b IIII . JAN-A'¿iJ)] CIC RESEARCH, INC-" PLANN\NG Econcmi= Resean:h . Marl<:eting Resean:h . Environmental Resean:11 . SuJ'\Iey Resear-..h January 4, 2000 Mr. Ed Batchelder City of Chula Vista 3115 Fourth Avenue, Suite R Chula Vista GA 91910 Re: San Miguel Ranch Fiscal Deficit Funding Alternatives Dear Ed: The purpose of this letter is to present potential funding alternatives for the identified San Miguel Ranch fiscal oparating deficit. The fiscal analysìs presents an estimated ar1nual net fiscal impact over the proposed development period (2001 to 2005) and one year beyond, to account for some public works costs, which do not occur untiJ after 5 years. The flscal impact was slightly positive in the first year and negative in the 20< through the 6'" year. At build-out, the estimated annual fiscal impact was a negative $125,000 (current 1999 dollars). At the request of the City of Chula Vista. CIC developed two funding alternatives for the forecasted fiscal impact deficit. The included table presents the- net fiscal impact for the presented development period and an additional 25 years beyond build-out. Although very unlikely. for the purpose of this analysis, CIG assumed the City of Chula VIsta's public costs and revenues would adjust at the same rate over the subject period. From 200ô to ~030 the fiscal deficit is assumed to remain at an annual S 125,000 (FY 99/00 dollars). CIG presented different time periods for which the developer could be responsible for the fiscal deficit.. Also presented in the table is the estimated annual number of housing units built and sold. This absorption period was utilized in GIC's fiscal report. " The table presents two funding aJrernatives for 5 different time periods. Although the identified fiscal ósñcit could continue indefinitely, it is very difficult to fórecast Murf! revenues and expenditures- The presented time periods range from a six year (consistent with the fiscal analysis) period to a 3D-year period. The two funding alternatives include a one-time payment and a per-housing unit fee. The per-unit fee is to be paid at the same time as the building permit, based on the presented building schedule. Both methodologies utilize a discounted cash flow analysis (Net Present Value) of the annual deficit. In both alternatives a net present val was calculated utilizing a 3 percent II -/2 13,;Jð ê3õ1 V;ok.~ 5 . San "'ego>. CaJñcmia 9::171-2'"= Te¡e~n"'" (519) 537-4000 . F;rc /5191537-'- eYUIRIT ~ / ) -------- --.---------.-----.----.. 01/0VOO ,T!:: 14:00 ..<1 619 en a,a C 1 C RESE.'RCil .? Mr. Ba!=;,aider ~ - January 4, 2000 IIII ?age 2 discount rate, which assumes that the difference between inflation and interest rates is 3%' per year. The one-time payment-funding alternative ranges from $397,000 (assumes the developer is responsible for a 6-year period) to $2,170,000 (assumes the developer is responsible for a 30-year period). These one-time payments represent the net present values (NPV) of the presented cash flows utilizing the 3% discount rate. The per-unit fee is base;d on the above net present values divided by the number of units proposed and increased three percent each year to adjust for inflation. This fee ranges from a low of $293 (2001 dollars for a 6-year period) to a high of $1,805 (2005 dol1ars for a 3D-year period) per housing unit. based on the presented absorption schedule. Based on discussions with City of Chula Vista's department heads, a period to include 10 years beyond the build out represents an equitable time period for which the developer should be responsible for the fiscal deficit This represents a is-year period from 2001 to 2015. Utilizing the two presented funding alternatives results in a one time fee of $1.2 million or a per- building permit fee, which ranges from $896 in 2001 to $1,008 by 2005. Sincerely, 71aJ { U Mark Crocks Senior Market AnaJyst MCC:slf , The 3% discount rate was calc1Jlaæd using a 3% inflation rate and a 6% r=tIJrn on funds- ;yr43 !:}- ~ - ~ DC Rs=rrJ>. Irtc. B361 Vi::i<.", Sims! .'san Piego, CalIfamie =11.21 12 01/04/00 HE 14:00 t.U ë19 63; ~D'O ç I C RESE.,RCH ~ Proposed San Miguel Development Potential Funding Alternatives for Fiscal Operating Deficit \ Alternative Alternative Per Buildin¡; Permit Fee On::.time 2001 2002 2003 2004 \ 2005 1 Time Period Payment (2001 (2002 (2003 (2004 (2005 i for Estim¡¡¡t~s (FY99/00'dollarsì dollars) dollars) dollars) dollar$) dollars) I 6 Year $320 \ 2001 to 2006 $396,623 $293 $302 $31l $330 ! I 10 Year ' 2001 to 2010 $785,905 $581 $598 $616 $635 $654 I 15 Year ¡ 2001 to 2015 $1,212,042 $896 $922 $950 $979 $1,008 I 25 Year 2001 to 2025 $1,836,993 $1,357 $1,398 $1.440 $1,483 $1,528 ! 30 Year I $1,604 $1.701 I $1,752 L?001 to 2030 $2,170,239 $1.652 $1,805 1) Assumes 3% inflation and 6% interest (net discount rate of 3%) _2) Assumes the City of Chul¡¡¡ Vista's public costs and r2venU2S djust at the same rate over the subject period 3) The one.time payment fee is in FY 99/00 dollars, the per building permit iee is pres~nted in 2001 to 2005 dollar;;. Net Fiscal (OOOs) Build.Out Number (rY99/00 Schedule of Years Y~ar dollars) (units) I 1 I 2001 $0.41 300 i i1 2002 ($41.9)1 350 , 31 2003 ($72.0 266 ¡ I 41 .2004 ($109.1 301 ¡ 5 2005 ($104.3) 177 ! 6 2006 ($125.1) 0 - I 7 2007 ($125.1) L 8 2008 ($125.1) j 9 2009 ($125.1) I 10 2010 ($125.1) I 11 2011 ($125.1) I 12 2012 ($125_1) I 13 2013 ($125.1) I 14- 2014 ($125.1) 15 to 301 2015 to 2030 ($125.1) per vear I 'i Source; CIC Research. Inc. December 1999 §~;9--~7 /), )-, Page 2, Item No.: Meeting Date: BOARDS/COMMISSIONS RECOMMENDATION: The Planning Commission met on August 22, 2001 to consider the Project after the preparation of the City Council Agenda Statement. Staff will report verbally on the Planning Commissions recommendations at the City Council public hearing. DISCUSSION: In 1993, the City Council approved the Otay Ranch General Development Plan which authorized 1,263 single-family units and 1,615 multi-family units for a total of 2,878 dwelling units in Village Five. In June of 1996, the City Council approved the Otay Ranch SPA One Plan for Villages One and Five based on a plan submitted by Village Development (currently the Otay Ranch Company). Subsequent to the approval of the SPA Plan, the McMillin Companies became the owner of Neighborhoods R-11 and R-12E in Village One and the western portion of Village Five including the Village Core. In 1998 McMillin proposed to reduce the overall multi-family dwelling units in the Village Five core by 397 units. The 1998 amendment planned for 2.9 acres of commercial land use and 18 dwelling units around a .8 acre "Town Square" park in a mixed-use project in the Village Five core. A mixedmse project was subsequently approved in C-3/R-45 as part of the Teresina apartment project on Neighborhoods R-43 and R-44. The Teresina developers have chosen not to develop the C- 3/R-45 mixed-use portion of the project. The McMillin Companies now propose to amend the SPA One Plan to add 54 units back into the Village Five Core and develop a mixed-use project with 10,000 square feet of ground floor commercial and 72 dwelling units in C-3/R-45. The ground floor commercial will be on East Palomar Street with the 49 second and third story residential units. The remaining 23 residential units are proposed in a three story building on Santa Cora Avenue· 1. Site Characteristics The proposed amendment site is graded and fronts on East Palomar Street as does the entire Village Five core. East Palomar Street, the village entry street, and Santa Cora, the core promenade street, are constructed around the amendment area. The proposed amendment site is basically the last undeveloped site left in the Village Five core. The only remaining vacant site in the core is the CPF-4 parcel north of the proposed mixed-use site. Staff is currently working with a church on their Design Review application for this site. 2. General Plan, Zoning and Land Use General Plan Otay Ranch General Development Plan has designated the land within the Otay Valley Parcel for urban villages that are transit-oriented with higher densities and mixed-uses in village cores. The GDP policies require each village to have a theme or identity based on either "Main Street" or "Town Square" village form. The GDP authorized 2,878 dwelling units in H:\PLANNING\Otay_Ranch\McMillin\V5 Mc SPA_Amend CC STFRPT.doc ) ( · ~ Page 3, Item No.: f~.~ Meeting Date: Village Five with 1,615 multi-family units located in the Village Five Core. The Village Five core was also to include: Mixed uses Public and community purpose facilities Light rail transit stop An elementary school A Town Square/Village Green/Main Street Affordable Housing Neighborhood Parks The SPA One Plan and Village Design Plan were approved with the Town Square concept. Of the 1,615 multi-family units originally approved, the current plan only provides for 1,129 units with 489 in an unallocated reserve. Zoning Otay Ranch is zoned Planned Community (PC) as are the other master planned communities such as Sunbow and Eastlake. Land development regulations are contained in the Planned Community District Regulations within each master planned community SPA plan. Village Five is designed as an "urban village" (containing mixed uses and a village core). The SPA One Plan Zoning Districts Map for Village Five designates the core: Single-Family 4 (SF4) Residential Multi-Family 1 (RM1) Residential Multi-Family 2 (RM2) Community Purpose Facility (CPF) Open Space/Parks (OS/P- 1). Commercial (C) The existing town square and mixed-use site are currently designated OS/P-1 and C/RM2. 3. Current Land Use As previously indicated, the Village Five core is basically built-out under the current SPA Plan, except for the CPF site and this mixed use site. The elementary school is under construction and due to open this fall. Cottonwood Park, the first neighborhood park, is completing the one-year maintenance period and should be open by the end of summer or beginning of fall. The condominium projects in Neighborhoods R-40 and R-46 are constructed. The Teresina Apartments in Neighborhoods R-43 and R-44 were one of the first projects completed in the Village Five core. [-I:\PLANNING\Otay Ranch\McMillin\V5_Mc_S PA_Amend_CC_STFRPT doc Page 4, Item No.: J,-~ Meeting Date: 4. Proposed Plan Proposed Otay Ranch SPA One Plan Amendment The McMillin Companies has applied to amend the Otay Ranch SPA One Plan to change the Village Five Core concept fi.om "Town Square" to "Main Street", consolidate the town square park P-8 area with the existing mixed-use C-3~R-45 site and reallocate 54 unused dwelling units authorized by the Otay Ranch General Development Plan to create a new mixed use site with 10,000 square feet of commercial space and a total of 72 dwelling units in a "Main Street" theme. McMillin found that the ground floor commercial uses in the existing Town Square concept would not be visible from East Palomar Street due to the location and grade change between the town square park with the plaza street and the existing mixed-use site. In addition, Parks and Recreation Department staff raised concerns about the effectiveness of the approved town square as a gathering place and maintenance costs for this small park. McMillin proposes that the village core concept for Village Five be changed from Town Square to Main Street in order to move the commercial frontage on East Palomar Street. The commercial frontage will take advantage of the 15-foot wide Village Pathway that runs along E. Palomar Street that connects Village Five with Villages One and Six. In addition to the Pathway, the paved six foot wide tree well area will create a strong pedestrian-orientation to the village core. City staff has worked with the McMillin Companies to design an acceptable Main Street project. The .8-acre park will be consolidated into the existing mixed-use site to create a new 3.8 acres site that will allow buildings to front on East Palomar Street. Pedestrian plazas will be created where the Paseo crosses through the mixed uses project and along the frontage on East Palomar Street. Because the Main Street proposal calls for diagonal parking in front of the mixed-use area along the East Palomar frontage, the bus stop will be relocated further to the east in front of the Teresina Apartments. These on-street diagonal parking spaces are considered crucial to the success of the proposed ground floor commercial spaces that will now front directly onto East Palomar. The remaining parking requirement for the commercial uses will be provided by a parking lot in back of the commercial uses. McMillin proposes a 3.8-acre mixed-use site with 10,000 square feet of ground floor commercial along Palomar Street. In addition, MeMillin believes that the number of dwellings currently approved for the Village Five Core (18 dwelling units) is not sufficient to make the project financially successful. Financing mixed-use projects is very difficult because financial institutions segregate funding by land use. The mixed-use project was originally approved as a commercial project with a residential component. The amendment switches the priority of the land uses and proposes a residential project with a commercial component. With 72 units McMillin believes there are sufficient units for the project to stand on its own for financing as a residential project. McMillin indicates their market analysis concludes that there is not a sufficient number of units in Village Five to support 30,000 square feet but will support the proposed 10,000 square feet of commercial. tt:\PLANNING\Otay_Ranch\McMilIinW5_Mc_SPA_Arc~nd CC STFRPT.doc · ? / Page 5, Item No.: Meeting Date: The 54 additional units are well within the GDP authorized units for the Village Five Core. The GDP originally allowed 1,615 multi-family units to be built in the village core. The GDP called for an average density of 18 dwelling units per acre on the 90 acres of Medium High density in the Village Five Core. This density was required to support the light rail transit that will serve Village Five and was required based on concerns raised by the Metropolitan Transit Development Board during the GDP approval process. After McMillin acquired their current ownership in the Otay Ranch, they approached the MTDB staff with their proposed reduction in density but with the commitment to build the 440 unit Teresina Apartments. MTDB found that the 440 units at 29 dwelling units per acre in the apartment project could support the future trolley station. McMillin is now requesting that 54 of the unused balance authorized by the GDP be allocated to the mixed-use site C-3/R-45. This increase comes from 10 traits that were not used in the R-44 portion of Teresina, three units from the R-40 condominium project and 41 from the GDP-approved allocation. The number of units proposed for the Mixed-Use site is consistent with the GDP policies for Village Five. SPA One Village Design Plan/Precise Master Plan The amendment to the SPA Plan to delete the Town Square and consolidate the area into a larger mixed use site will also require an amendment to the SPA One Village Design Plan (VDP). The VDP currently describes in greater detail how the Town Square concept is to be implemented. The proposed amendment to the Main Street concept requires this concept to be described in the VDP. The conditions of approval require the clean-up of the VDP within 30 days of City Council approval of the SPA amendment. Subsequent to the City Council approval of the SPA Plan amendment, the Precise Plan for the Village Five core will be taken to the Design Review Committee for their review and approval along with the mixed-use project application. SPA One Park& Recreation, Open Space and Trails Plan In addition to the VDP, the deletion of the Town Square requires the SPA One Parks, Recreation, Open Space and Trails Plan also be amended to reflect the consolidation of the .8 acre area with the mixed use site. With the proposed increase in density and the reduction in parkland, the park agreement between the Otay Ranch Company, the McMillin Companies and the City will also need to be amended. McMillin will be required to increase the community park contribution to insure the 3 acres per 1,000 population is maintained for their portion of SPA One. Proposed Otay Ranch SPA One Plan Planned Community District Regulations The PC District regulations amendment deletes the OS/P-1 zone on the existing town square park and rezones the 0.8 acres to C/RM2 to allow the new mixed-use project on 3.8 acres in the Village Five Core. Amendments to the zoning district map within the PC District Regulations are proposed to reflect the SPA Plan amendments and allow the mixed-use project. H:\PLANNING\Ota~Ranch\McMillin\V5 Mc SPA_Amend CCSTFRPT.doc Page 6, Item No.: ~.~ Meeting Date: 5. Analysis The change in village concept is allowed by the GDP policies for Village Five. The GDP indicates that either Town Square or Main Street concept is allowed for Village Five. After further analysis, staff has determined that to be successful, the Town Square concept needs to be provided on a flat site with streets on all sides. The shift to the Main Street concept is a better design for Village Five due to the slope of the village core and traffic on East Palomar Street. It is staffs opinion that the 72 residential units in second and third stories over the ground floor commercial will create the pedestrian oriented environment envisioned by the GDP village policies. With the commercial uses fronting on East Palomar Street and the Village Pathway and the 42 dwelling units above the commercial spaces, there will be a human presence in the core on a 24-hour basis. The residential units will provide the "eyes on the street" helping to create a safer environment. Pedestrian plazas will be created in two locations along East Palomar Street which staff believes will provide better places for people to gather than the Town Square The 10,000 square feet of commercial will provide for a continuous storefront along the Village Pathway. When combined with pedestrian plazas and the residential units, the proposed commercial storefronts will allow for the creation of a true mixed-use pedestrian oriented village core envisioned by the GDP village concept. A community forum was held on August 9, 2001 on both McMillin and the Otay Ranch Company SPA amendments. Notices of the forum were sent to approximately 400 residents of Village Five. At the forum, attended by 30 residents, concerns were expressed on the elimination of the town square, the increase in the number units in the mixed-use project and traffic along Santa Cora north and south of Palomar Street. The town square and residential units in the mixed-use project are discussed in this report. Planning and Engineering Divisions are reviewing the parking situation along Santa Cora and working to resolve residents concerns. CONCLUSION: The Otay Ranch GDP policies for Village Five indicate the Village Five Core will contain either a Town Square, Village Green or Main Street development concept. The proposal by McMillin to change from a Town Square to Main Street concept is consistent with the GDP policies. The increase in units in the mixed-use project is within the number of multi-family units authorized by the GDP. Other GDP requirements such as the Village Pathway and the Village Five paseo are maintained in the SPA Plan. Staff believes the proposed amendments will allow for a superior mixed-use project that is consistent with the Otay Ranch GDP policies and the SPA One Plan for Village Five. FISCAL IMPACT: The cost associated with processing the project is covered by the applicant's deposit account. H:\}'LANNING\Otay_Ranch\McMillin\V5 McSPAAmend_CC STFRPT.doc Page 7, Item No.: Meeting Date: Attachments 1. Locator Map 2. Proposed Otay Ranch SPA One Land Use Plan, and SPA One Zoning District Map and proposed amendments to the Village Design Plan; Parks, Recreation, Open Space and Trails Master Plan. 3. Otay Ranch SPA One Amendment planning Commission Resolution (PCM 01-11) 4. Disclosure Statement H:\PLANNING\Otay Ranch\McMillin\V5_Mc_SPA_Amend CC STFRPT.doc ~ ? / CAPRI OTAY RANCH CONDOS VILLAGE 5 (SPA 1) ~AST ~'-4LO~ ST TERESINA APARTMENTS MAR[GOLD VISTA NEIGHBORHOOD PARK PRIMROSE CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT McMillin Communities Inc. PROJECT DESCRIPTION:  APPLICAN~ SPA ONE AMENDMENT PROJECT Southeast corner of East Palomar ADDRESS: Street & Santa Cora Avenue Request: Propose a commercial and multi-family residential mixed use development. Related Case: PCM-OI-10, pcm-Ol-11 SCALE: FIlE NUMBER: NORTH No Scale IS-01-035(B) c:\cherryl\locators\is01035.cd r 6.13.01 ~/'-~-' ~ ATTACHMENT RESOLUTION NO. PCM-OI-11 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE THE AMENDMENTS TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN, ADOPT THE ADDENDUM TO FEIR 95-01, AND ADOPT AN ORDINANCE TO MODIFY THE SPA ONE PLANNED COMMUNITY DISTRICT REGULATIONS VClTHIN VILLAGE FIVE WHEREAS, the property which is the subject matter of this resolution is identified on Exhibit "A" attached hereto and described on Chula Vista Tract 97-02, and is commonly known as The Otay Ranch Village Five Core ("Property"); and, WHEREAS, a duly verified application requesting amendments to the Otay Ranch SPA One Plan; the SPA One Village Design Plan; the SPA One Parks, Recreation, Open Space and Trails Master Plan; and the Village Five Core Master Precise Plan was filed with the Planning and Building Department on December 20, 2000 by McMillin Otay Ranch, L.L.C. ("Applicant"); and, WHEREAS, said application requests approval of the attached amendments to the Otay Ranch Sectional Planning Area (SPA One) Plan; the SPA One Village Design Plan; the SPA One Parks, Recreation, Open Space and Trails Master Plan; and the Village Five Core Master Precise Plan in order to revise the Village Five Core (Parcels R-45/C-3/P-8) to change from a "Town Square" to a "Main Street" concept and to implement a mixed-use development ("Project"); and, WHEREAS, the Village Five Core is located within SPA One, said Village Five area being located south of Telegraph Canyon Road, west of planned State Route I25, north of Olympic Parkway and east of La Media Road; and WHEREAS, a public forum was held on August 9, 2001 at Heritage Elementary School in SPA One in order to apprise the public of the Project and garner information from area residents; and WHEREAS, the Planning and Building Director set the time and place for a hearing on the Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., August 22, 2001 in the Council Chambers, 276 Fourth Avenue, before the City of Chula Vista Planning Commission and said hearing was thereafter closed; and, WHEREAS, this Project is a subsequent activity in the program of development environmentally evaluated under the E~[R-9$-01, and has been evaluated as IS-01-035 to determine if any significant differences exist; and Resolution No. PCM-01-11 Page No. 2 of 2 WHEREAS, the City's Environmental Review Coordinator has determined that any impacts associated with the Project have been previously identified in EIR 95-01, and has, therefore, prepared an addendum to that document. NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista Planning Commission hereby recommends that the City Council adopt the attached draft City Council Resolution adopting the Addendum to EIR 95-01 approving the amendments to the Otay Ranch SPA One Plan, the SPA One Village Design Plan; the SPA One Parks, Recreation, Open Space and Trails Master Plan; and the Village Five Core Master Precise Plan; and the attached Ordinance rezoning Park P-8 from OS/P1 to C/RM2. BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this __ day of ,2001, by the following vote, to wit: AYES NOES: ABSENT: AB S TENTIONS: Diana Vargas, Secretary Kevin O'Neil, Chairperson HAPLANNING\Otay_RanchLMcMillin\V5 SPA Amend PC Reso.doc o, Appendix B THE CI OF CHULA VISTA DISCLOSURE S7, .--MENT You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having financial interest in the property which is the subject of the application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier. 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. l', 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. Counoilmember in the current or preceding election pedod? Yes __ No )4, If yes, state which Councilmember(s): PA GES A (NOTE: ATTACH ADDITIONAL Date: )Z-/IS/00 '..( ,Z"'~ ~' 0.., n at ur~,(~.f contract .,~r/applica nt Print or type name of contractor/applicant * Person is defined as: "Any individual, firm, co-partnership, joint venture, association, social club, freaternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and country, c~ty municipali{y, district, or other political subdivision, or any other group or combination acting ax a unit." RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN FOR VILLAGE FIVE WHEREAS, the property which is the subject matter of this resolution is identified on Exhibit "A" attached hereto and described on Chula Vista Tract 97-02, and is commonly known as The Otay Ranch Village Five Core ("Property"); and, WHEREAS, a duly verified application requesting amendments to the Otay Ranch SPA One Plan; the SPA One Village Design Plan; the SPA One Parks, Recreation, Open Space and Trails Master Plan; and the Village Five Core Master Precise Plan was filed with the Planning and Building Department on December 20, 2000 by McMillin Otay Ranch, L.L.C. ("Applicant"), to wit PCM-01-11; and, WHEREAS, said application requests approval of the attached amendments to the Otay Ranch Sectional Planning Area (SPA One) Plan, the SPA One Village Design Plan; the SPA One Parks, Recreation, Open Space and Trails Master Plan; and the Village Five Core Master Precise Plan in order to revise the Village Five Core (Parcels R-45/C-3/P-8) to change from a "Town Square" to a "Main Street" concept and to implement a mixed-use development ("Project"); and, WHEREAS, the Village Five Core is located within SPA One, said Village Five area being located south of Telegraph Canyon Road, west of planned State Route 125, north of Olympic Parkway and east of La Media Road; and, WHEREAS, the City Clerk set the time and place for a hearing on the Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and, WHEREAS, this Project is a subsequent activity in the program of development environmentally evaluated under the E1R-95-01, and has been evaluated as IS-01-035 to determine if any significant differences exist; and WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and determined the Project would not result in any new environmental impacts that were not previously identified, nor would the Project result in a substantial increase in severity in any environmental effects previously identified in FEIR 95-01; therefore, an Addendum to FEIR 95- 01 is has been prepared in accordance with the State CEQA Guidelines Section 15164; and Resolution No. __ Page No. 2 of 6 WHEREAS, a public forum was held on August 9, 2001 at Heritage Elementary School in SPA One in order to apprise the public of the Project and garner information from area residents; and WHEREAS, a public heating was held at the time and place as advertised, namely 6:00 p.m., August 22, 2001, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said public heating was thereafter closed; and, WHEREAS, by a vote of 4-0-3 the Planning Commission recommended that the City Council approve the Project; and, WHEREAS, a public hearing was scheduled before the City Council of the City of Chula Vista on the amendments to the Otay Ranch SPA One Plan, the SPA One Village Design Plan, the SPA One Parks, Recreation, Open Space and Trails Master Plan, and the Village Five Core Master Precise Plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: 1. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public heating held on August 22, 2001, and the minutes and resolutions resulting there from, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. ACTION The City Council hereby approves amendments to the Otay Ranch SPA One Plan, the SPA One Village Design Plan, the SPA One Parks, Recreation, Open Space and Trails Master Plan, and the Village Five Core Master Precise Plan. III. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the Addendum to EIR 95~01, would have no new effects that were not examined in said Addendum (Guideline 15168 (c)(2)). IV. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR EIR The City Council hereby finds that the Project would not result in any new environmental impacts that were not previously identified, nor would the Project result in a substantial increase in severity in any environmental effects previously identified in FE1R 95-01. Only minor technical changes or additions are necessary and none of the conditions /_4 Resolution No. __ Page No. 3 of 6 requiring preparation of a subsequent or supplemental EIR, as identified in 15162 and 15163 exist; and; therefore, an Addendum to FEIR 95-01 has been prepared in accordance with the State CEQA Guidelines Section 15164. Therefore, the City Council approves the Project as an activity that is within the scope of the project covered by the EIR 95-01. V. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Cou~ncil finds that the Addendum prepared to Otay Ranch SPA One EIR 97-03, identified as Exhibit "B" to this resolution reflects the independent judgment of the City Council of the City of Chula Vista and hereby adopts the Addendum to Otay Ranch SPA One EIR 97-03. VI. INCORPORATION OF ALL MITIGATION MEASURES AND ALTERNATIVES The City Council does hereby re-adopt and incorporate herein as conditions for this approval all applicable mitigation measures and alternatives, as set forth in the findings adopted in the Otay Ranch GDP Program EIR 90-01, Otay Ranch SPA One EIR 95-01, and amended Otay Ranch SPA One EIR 97-03. VII. NOTICE WITH LATER ACTIVITIES The City Council does hereby give notice, to the extent required by law, that this Project was fully described and analyzed and is within the scope of the Addendum to EIR 95-01, which adequately describes and analyzes this project for the purposes of CEQA (Guideline 15168(e)). VIII. CONSISTENCY WITH THE GENERAL PLAN The City Council hereby finds that the proposed Project is consistent with the General Plan based on the following findings: A: THE PROPOSED PROJECT IS 1N CONFORMITY WITH THE CHULA VISTA GENERAL PLAN. The Project, which is intended to change the Village Five Core from a "Town Square" to "Main Street" concept and to implement a mixed use project, is consistent with the Otay Ranch General Development Plan and Chula Vista General Plan in that goals and policies in both documents allow for and encourage such development. B. THE AMENDMENTS WiLL PROMOTE THE ORDERLY, SEQUENTIALIZED DEVELOPMENT OF THE VILLAGE FiVE CORE. Resolution No. __ Page No. 4 of 6 The Amendments contain provisions and requirements to ensure the orderly, phased development of the Village Five Core in that all required and necessary changes have been made to the applicable documents to ensure such orderly, phased development. C. THE PROPOSED AMENDMENTS WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The intent in changing from a "Town Square" to a "Main Street" concept within the Village Five Core is to provide land uses consistent with and complimentary to those on adjacent parcels. No adverse affects are anticipated from this revision, and residential enjoyment, circulation and environmental quality are anticipated to be significantly enhanced. Implementing a mixed use project will provide positive benefits to the Village Five Core, and the proposed plan closely follows all existing environmental protection guidelines, thereby preventing unacceptable off-site impacts. IX. CONDITIONS OF APPROVAL The City Council hereby approves the Project subject to the conditions set forth in Exhibit "C", attached hereto. X. APPROVAL OF AMENDMENTS TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN; THE SPA ONE VILLAGE DESIGN PLAN; THE SPA ONE PARKS, RECREATION, OPEN SPACE AND TRAILS MASTER PLAN; AND THE VILLAGE FIVE CORE MASTER PRECISE PLAN The City Council does hereby approve the Project subject to the conditions set forth in Section VI and Section IX listed above and based upon the findings and determinations on the record for this Project. XI. CONSEQUENCES OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. XII. INVALIDITY; AUTOMATIC REVOCATION Resolution No. __ Page No. 5 of 6 It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by Robert Leiter John i~.~l~atie~ny Planning and Building Director City Attomey CAPPd OTAY RANCH CONDOS VILLAGE 5 (SPA 1 ) EAST PALOIVIAR ST APARTMENTS MARIGOLD VISTA NEIGHBORHOOD PARK PRIMROSE CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT McMillin Communities Inc. PROJECT DESCRIPTION: ( ~ ^PPL,CA.*: SPA ONE AMENDMENT PROJECT Southeast corner of East Paiomar ADDRESS: Street & Santa Cora Avenue Request: Propose a commercial and multi-family residential mixed use development. SCALE: FILE NUMBER: Related Case: PCM-Of-IO, pcm-Ol-11 NORTH No Scale IS-01-035(B) c:\cherryl\locators\isOlO35.cdr 6.13.01 /3--/? Ill#BIT II EXHIBITB ADDENDUM TO OTAY RANCH SECTIONAL PLANNING AREA (SPA) I AND ANNEXATION FINAL SECOND -TIER ENVIRONMENTAL IMPACT REPORT- E1R-95-01 PROJECT NAME: Otay Ranch SPA I Village 5 Mixed Use Core Amendment (Parcels R-45/C-3, & P-8); and Village 5 - Red Phase Amendment (Parcels R-30 and R-39). PROJECT LOCATION: Otay Ranch, SPA I, Village 5 Core. Southeast comer of Palomar Street and the west leg of Santa Cora Avenue; Otay Ranch, SPA I, Village 5 - Red Phase. Southeast comer of East Palomar and Santa Rosa Drive. PROJECT APPLIC)AXJT: McMillin Otay Ranch, LLC; The Otay Project, LP CASE NO.: IS-01-35 and IS-01-43 DATE: July 20, 2001 I. INTRODUCTION The pu~ose of this Addendum is to discuss minor changes in the arrangement of muhi- family residential densities within the Village Five Core of the Otay Ranch Sectional Planning Area One Plan ("SPA One Plan"). As the lead agency for the Project under the California Environmental Quality Act ("CEQA') (Pub. Resources Code, § 21000 et seq.), the City of Chula Vista ("City") prepared and conducted an environmental analysis (Final Second Tier EIR 95-01) of the SPA One Plan. Final EIR 95-01 ("Final EIR") contains a comprehensive disclosure and analysis of potential environmental effects associated with the implementation of the SPA One project, including Villages One and Five of Otay Ranch. The Final EIR was certified and the SPA One Plan was approved by the City Council in 1996. The Final EIR considered the environmental impacts associated w/th development of a total of 2.878 dwelling units in Village 5 of SPA One. Subsequent SPA One Plan amendments and actual residential development did not utilize (develop) 532 residentiai dwelling units approved under the original SPA One Plan. The proposed amendments would realtocate 476 of those unutilized dwelling units to Neighborhoods R-45/C-3 (54 units), and R-30 and R-39 (422 units). The total unit count would not exceed the number of units analyzed in the Final EER. The net effect of the proposed amendments to the SPA One Plan would be a minor shift in the arrangement and distribution of multi-family units within Village Five. Table 1. Otav Ra~ch Village Five La~d Use Compariso~ provides a summary of the proposed changes to unit types and locations within Village Five. The changes proposed with this amendment are identified with shading. II. CEQA REQUIREMENTS Sections 15162 through 15164 of the CEQA guidelines discuss a lead agency's responsibilities in handling new infbrmation that was not included in a project's final environmental impact report (EIR). Section 15162 of the CEQA Guidelines provides: (a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the City determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: 1. Substantial changes are proposed in the project which will require major revisions of the EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3. New information of substantial importance, which was not 'known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified as complete or negative declaration adopted shows any of the following: (A) The project will have one or more significant effects not discussed in the [Final] E1R; (B) Significant effects previously examined will be substantially more severe than shown in the [Final] EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the [Final] EIR would substantially reduce one or more si=~ficant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. In the event that one of these conditions would require preparation of a subsequent EIR, but "only minor additions or changes would be necessary to make the [Final] EIR adequately apply to the project in the changed situation," the City could choose instead to issue a supplement to the Final EIR. (CEQA Guidelines, § 15163, subd. (a).) TABLE I-OTAY RANCH YILLAGE FI'VE LAND USE COMPARISON Neighborhood I GDP Original SPA SPA Substantial Sub Conf. vs. Final Proposed 110/28/1993 0610411996 2/16/99 Conformance 2/161998PA Mapsa SPA Amend. :~-22 108 MF N/A N/A 8( 8( R-23 104 87 N/A N/A 87 87: R-24 104 138 N/A N/,d 138 138 R-25 ! 7~ 73 56 - 17, 56 56 R-26 I 7( 78 63 -15 63 63 R-27 5( 58 6c~ 11 69 69 R-28 8~ 82 72 -9 73 73 R-30 I 145 145 93 -52 MF MF R-31 I 83 83 86 2 85 85 R-32 ! 11: 113 11~ 5 118 118 R-33 I 55] 55 42~ -13 42 42 R-34 I 40 40 35 -5 35 35 R-S5I 4o 40 36 -4 36 36 R-36 I ] 69 69 62 -7 62 62 R-37 ] 66 66 60 -6 60 60 R-38 I 45 45 43 -2 43 43 R-41 I MF 90 N/A N/A 90 90 R-42 ! MF MF N/A N/A 74 74 Subtotal SFI 1,263 1,263 1,262 835 -112 1,217 1,217 R-22 I SF 86 N/A R-29 I 90 90 83 83 83 R-30a' I SF SF 247 R-3Ob' I SF SF 326 R-39' I 175 182 180 122 R-40 I I 204 201 N/A 1981 198 R-425 ! I 241 74 ] N/ASF SF R-43s I 175! 2401 N/A 2401 240 R-44s I 2611 2101 N/A 200 200 R-45 (Mixed Use? =l 16518J N/A 72 R-46s I 177 1171 N/A 1171 117 Subtotal MFI 1,615 1,615 1,218 263 838 I 1,605 Total Residential I 2,878 2,878 2,480 ; ~,098 I 2,055 I 2,822 Notes: ~ Final Map information provided by City of Chula Vista. 2 Neighborhoods R-30a, R-30b and R-39 are the subject of the revised Village 5 Tentative Map. 3 Proposed SPA Amendment reflects substantial conformity, final maps, and moving R-22 and RM2 units from MF to SF to correct typo in 2/16/99 document. * 2/16/99 SPA reflects 1998 McMillin Amendment. 5 Proposed SPA Amendment includes McMillin Village Core Amendment (2001). Page3 //~-~ Thus, the CiD' must consider under the standards articulated above xvhether there will be previously undisclosed significant environmental impacts or a substantial increase in the severity of previously disclosed impacts. (CEQA Guidelines, §{}15162, 15163 subd. (a).) As the discussion below demonstrates, the proposed SPA One Plan amendments will result in no new impacts, or no more severe impacts, than any that were disclosed in the Final EIR. Therefore, it is appropriate for the City to prepare an Addendum pursuant to CEQA Guidelines, § 15164. That section states that an addendum should include a "brief explanation of the decision not to prepare a subsequent EIR pursuant to § 15162," and that the explanation needs to be supported by substantial evidence. (CEQA Guidelines, § 15164, subd. (e).). The addendum need not be circulated for public review, but may simply be attached to the Final EIR. (Ibid; CEQA Guidelines, § 15164, subd. (c)). In accordance with Section 15164 of the CEQA Guidelines, the City has prepared the following Addendum to Final EIR-95-01. III. PROJECT SETTING The proposed project is located within the Otay Ranch General Development Plan (GDP) area located east of Interstate 805 (I-805) in the City of Chula Vista. More specifically, the proposed amendment areas are within the SPA One Plan area which is comprised of Villages One, One West and Five. The proposed amendment areas are both located within the Village Five Core (see Figure 1). Village Five is comprised of approximately 493 acres located in the northern portion of the Otay Valley Parcel of the Otay Ranch GDP. The Otay Ranch General Development Plan (GDP) designates Village Five as an urban village to be sen, ed by a light rail transit system. The Otay Ranch GDP permits a total of 2,878 dwelling units, including both single and multi-family units. As an urban village, the Otay Ranch GDP provides for an approximately 115 acre village core including commercial uses, an elementary school site, neighborhood parks, Community Purpose Facilities land uses, and medium high densiB, housing. Existing major roadways within Village Five include Telegraph Canyon Road/Otay Lakes Road which forms the northern boundary, La Media Road which forms the western boundary, the future extension of Olympic Parkway which forms the southern boundary, and future SR-125 which forms the eastern boundary. East Palomar Street bisects the Village Five area, connecting Olympic Parkway with La Media Road. East-west access to the project is provided along Telegraph Canyon RoaddOtay Lakes Road. 1-805, located to the west of the project site, currently provides regional north-south freeway access. Local interchanges in the project vicinity are at Olympic Parkway, Tele~aph Canyon Road, and East H Street. The Village Five project area has been mass ~aded in accordance with the approved SPA One Plan, associated Tentative Maps, and the City of Chula Vista Grading Ordinance. Page4 /~-°)x~f Development has occurred or is in process in the adjacent neighborhoods. In addition. the required infrastructure, including major backbone streets, are in place. R-45/C-3 Mixed Use Core The R-45/C-3 Mixed Use Core site is located at the southeast comer of Palomar Street and the west leg of Santa Cora Avenue in Village Five. The project site consists of two legal parcels, Parcels R-45/C-3, and P-8. Parcel P-8 is a 0.90-acre parcel and R-45/C-3 is a 2.9-acre parcel for a total of 3.8 acres. The vacant site is relatively flat and has been previously ~aded. Existing surrounding land uses include multi-family to the south, east and west. Vacant land designated for Community Purpose Facilities (CPF) and a Community Park are located to the north across East Palomar Street. Neighborhoods R-30 and R-39 Neighborhoods R-30 and R-39 comprise 44.5 acres and are located in the southeastern portion of Village Five, north of Olympic Parkway and immediately southeast of the intersection of Santa Rosa Drive and San Sebastian Avenue. Neighborhood R-31 and the Otay Water District Parcel, which is not a part of the Otay Ranch GDP, are located immediately to the north of the site. Neighborhood R-29 and the CPF 5 site are located immediately to the west. Open space lots, within the Poggi Canyon Creek drainage, form the southern boundary adjacent to the future Olympic Parkway. Village Six, currently undeveloped, is located further to the south across the (future) Olympic Parkway. The community of Eastlake is located to the east. As stated above, the site has been mass ~aded. The topo~aphy is moderately sloping from the north to the south and southeast. Elevations range from approximately 575 feet above mean sea level (AMSL) in the northwest comer to approximately 500 feet A~MSL in the southwest comer of the site. IV. PROJECT DESCRIPTION The approved Otay Ranch GDP, adopted on October 28, 1993 and the original SPA One Plan, approved on June 4, 1996, assumed a total of 2,878 units within Village Five. The proposed amendments would reallocate unutilized units to the R-45/C-3 and R-30 and R- 39 neighborhoods for a total of 2,822 units within Village Five. Therefore, the proposed SPA One Plan amendments would be consistent with the overall densities authorized in the Otay Ranch GDP and SPA One Plan. Redistributing the units and locating higher densities in closer proxirni~ to the village core enhances the viability of the village core and meets the GDP goals and objectives related to pedestrian oriented urban villages serYed by light rail transit. As described above, Village Five has been mass graded with many areas within the Village already developed, or currently developing. Concurrent with the mass grading of the Village Five area, the majority of the project mitigation measures outlined in the Mitigation Monitoring and Reporting Progam (MMRP) have been implemented. For example, mitigation measures for impacts to biological resources, including the conveyance of open space to the Preserve, as required by the Otay Ranch Resource Management Plan (RMP), have already occurred. Therefore, those mitigation measures would not be applicable to this project. The following is a brief description of each proposed amendment. R-45/C-3 Mixed Use Core The adopted Village 5 Core Master Precise Plan envisioned a mixed use residential and commercial project oriented towards a town square public park. The project proposes to modify the mix of commercial and residential elements, and utilize a "Main Street" concept with the mixed-use commercial residential building oriented towards East Palomar Street. The proposed modifications would create a more pedestrian friendly transit oriented environment with urban plazas, outdoor seating, and pedestrian linkages to the planned trail system. The proposed modifications require amendments to the Otay Ranch SPA I, Village 5 Core Master Precise Plan; Village Design Plan; and Parks, Recreation, Open Space and Trails Master Plan to: 1. Increase the residential density from 18 multi-family dwelling units to 72 multi- family dwelling units, designed as a mixed use development with commercial on the ~ound floor and some of the residential units above. 2. Decrease the commercial land use fi-om approximately 30,000 to 10,000 square feet. 3. Incorporate an urban plaza design in lieu of a 0.90 acre town square park. 4. Relocate the transit stop approximately 150-feet west of the intersection of East Palomar Street and the east leg of Santa Cora Avenue. Neighborhoods R-30 and R-$9 The proposed project is an amendment to the SPA One Plan, SPA One Affordable Housing Plan, SPA One Parks, Recreation, Open Space and Trails Master Plan, Village Five Desi~ Plan, and Temative Map (TM) 96-04 for the reallocation ora total of 422 multi-family dwelling units to Neighborhoods R-30 and R-39. These units were approved under the original SPA One Plan but were not utilized by other developing neighborhoods. Specifically, the proposed amendment to Neighborhoods R-30 and R-39 would result in the following: I. Neighborhood R-30 was previously planned as a small lot single-family project with 93 dwelling units. This amendment would create two multi-family neighborhoods (R-30a and R-30b) with 247 multi-family units and 326 multi- family units, respectively. Page 6 /~'3) ~ .2 2. Neighborhood R-39 was previously planned as a multi-family neighborhood with 180 dwelling units. This amendment creates a neighborhood with 122 multi- family detached units served by alleys. 3. The P-11 private park site, currently within Neighborhood R-30, would be relocated to a more central location situated to the north of the intersection of Santa Paula Road and Santa Rosa Drive. In addition, the project would result in minor modifications to the previously graded site to accommodate the revised housing types. The units would be accessed from two points along Santa Rosa Drive. V. COMPATIBILITY WITH ZONING AND PLANS The proposed reallocation of multi-family units would maintain the overall densities identified in the adopted GDP and SPA One Plan. Specifically, the GDP policies and SPA One Plan concentrate the higher density residential densities within one-quarter mile of the Village Core and transit stop. The proposed project would also redesi=maate Parcel P-8 from a Park land use to Mixed Use. The proposed project would be required to provide the parkland obligation in another location within Otay Ranch. Therefore, the proposed amendments to the SPA One Plan are considered compatible with applicable zoning and the adopted GDP in the City of Chula Vista. CONSIDERATION OF ISSUES ADDRESSED.IN THE FINAL EIR ,<n Initial Study conducted by the City of Chula Vista (including the attached Envirorm~ental Checklist form) determined that the proposed project would not result in any additional sig-nificant environmental effects than those previously covered under Final EIR-95-01. Land Use The proposed SPA One Plan amendments do not involve additional land uses not previously analyzed in EIR 95-01. The total residential dwelling unit count proposed under the SPA Plan Amendments is 2,822 dwelling units which is less than the 2,878 dwelling units analyzed in the original SPA Plan and Final EI2~. The redistribution of dwelling units would not change the analysis and conclusions presented in EiR 95-01. R-45/C-3 .~ixed Use Core The proposed SPA amendments and development of Parcel P-8 and R-45/C-3 as a mixed-use site would result in a reallocation of 54 residential units and the reduction in approximately 20,000 square feet of commercial uses. The total unit increase would be within the maximum number of units plarmed for Village Five, and would be located within areas planned for higher density within the village core. Neighborhoods R-30 and R-39 In addition to the previously planned 93 units for Neighborhood R-30 and 180 units for Neighborhood R-39, the proposed SPA One Plan amendment would reallocate 422 dwelling units that have not been utilized within SPA One to these neighborhoods. The project proposes a multi-family attached unit in Neighborhood R-30 and multi-family detached unit served by alleys in Neighborhood R-39. In summary,, as shown on Table 1, Otay Ranch Village Five Land Use Comparison, the total dwelling unit count proposed under the proposed SPA One Plan amendments is less than the original SPA analyzed in the Final EIR (2,878 units). Single-family residential units would total 1,217 under the amended SPA, as compared to 1,263 units proposed and analyzed under the original SPA Plan analyzed in the Final EIR. Multi- family dwelling units would total 1,605 total units, as compared to the 1,615 dwelling units proposed and analyzed under the original SPA Plan analyzed in the Final EIR The proposed reallocation of multi-family units would be in planning areas that would maintain consistency with the adopted GDP and SPA One Plan. Specifically, the GDP policies and SPA One Plan concentrate the higher density residential densities within one-quarter mile of the Village Core and transit stop. The proposed increased densities with]n R-30a and 30b would provide for higher densities by proposing multi-family uses within the one- quarter mile radius instead of single family uses as identified in the adopted plan. Additionally, the proposed amendments to the SPA would not conflict with surrounding land uses, since the overall residential character of the proposed uses would be similar to the adopted plan. Transportation, Circulation and Access Traffic assessments were conducted for the proposed amendments to Neighborhoods R- 45/C-3 and R-30 and R-39. Both of the reports concluded that the overall level of sen'ice, as previously analyzed in the EIR 95-01, would not be changed by the proposed amendments. The SPA One Plan amendments would not cause any additional impacts to traffic, and would not require additional mitigation beyond that required in EIR 95-01. The intersection of Otay Lakes RoacVTelegaph Canyon Road would be impacted either with or without the proposed amendment, as previously concluded in EtR 95-01. It should be noted that the major ("backbone") transportation improvements, previously identified in the Final EIR 95-01 MMRP have been or are currently under construction in the project vicinity. R-45/C-3 ]~(i_x'ed Use Core A trip generation comparison was prepared by Darnell & Associates, Inc. on May 4, 200I to analyze potential traffic impacts associated with the proposed amendment. The trip generation comparison showed that the proposed amendment to the SPA One Plan (addition of 54 residential units and reduction in commercial square footage) would result in 1,656 fewer daily trips, with 69 fewer )dvl peak hour trips and 105 fewer PM peak hour trips. Pa e /24 Neighborhoods R-30 and R-39 A Traffic Assessment was prepared by URS/BRW on July 20, 2001 to assess the potential impact to traffic and circulation associated with redistributing residential densities within Neighborhoods R-30 and R-39 of Village Five. Overall, the SPA One Plan amendment to Neighborhoods R-30 and R-39 would generate 2,710 daily trips with an increase of 217 AM peak hour and 272 PM peak hour trips. The report assessed roadways and intersections in the vicinity to determine if the increased traffic levels would result in substantial increased delays or reduced levels of service. The URS/BRW report concludes that the critical intersections for project access, including La Media Road/East Palomar Street intersection and Village 5 NS (Santa Pau]a)/Otay Lakes Road intersection would continue to operate at acceptable levels of service. Additionally, intersections associated with access to the site were evaluated. In particular, San Sebastian Avenue/Santa Rosa Drive, East Palomar Street/Santa Rosa Drive and Geyserville Street/Santa Rosa Drive were evaluated and were found to operate at acceptable levels during both AM and PM peak hours. Therefore, the SPA One Plan amendment would not cause additional impacts to the surrounding roadway circulation system, including site access points. Water QuailO, and Drainage R-45/C-3 Mixed Use Core The extent of the development area proposed under the amendment would be the same as previously assessed under EIR 95-01. Because the effects of storm water mn-off are based on development area (impervious surface) rather than number of units, the increase in dwelling units and decrease in commercial square footage on R-45/C-3 would not change the mount of storm water previously anticipated for the site. In addition, based on a Drainage Study prepared by Rick En~neering Company dated, April 2001, the proposed changes in land use for Parcel P-8 from park use to residential uses will result in an increase of 1.5 cubic feet per second (cfs). However, the existing 12 inch PVC storm drain has the capacity to carry the additional flow. The City's Engineering Division has reviewed the aforementioned Drainage Study and concurs with the findings and conclusions. Therefore, the proposed amendments do not result in any additional impacts to drainage beyond those previously identified in EIR 95-01. ~eighborhoods R-30 and ]?-39 Based on a Drainage Assessment, prepared by Hunsaker & Associates, dated May 24, 2001, the proposed increase in density would result in a negligible change in the drainage volume and would not have any adverse impacts to Poggi Canyon Creek. The conclusions of the previous analysis conducted in the "Master Drainage Study for Pog~ Canyon Creek" would remain. The City's Engineering Division has reviewed the report and concurred with the findings and conclusions. The total amount of urban area would not be changed, and the amount of impervious surfaces represented by the proposed amended plan would not substantially change from that analyzed in the Final EIR. Water quality issues would also be similar, due to the similar character and quantity of proposed land uses. Concurrent with the mass grading in Village Five, the project has complied with the MMRP mitigation measures regarding payment of "fair share" fees as required by the SPA One Plan and adherence to National Pollutant Discharge Elimination System ~NPDES) requirements. Public Services and Facilities R-45/C-3 Mixed Use Core Water and Sewer: Based on a Water and Sewer Service analysis by Powell/PBSJ, dated May 2001, the regional transmission mains planned and approved within Village Five are sized to accommodate peak hour and maximum day plus fire flow rates to the revised Village Five Core Area (R-45/C-3). Therefore, the increase in residential density and decrease in commercial square footage would not affect the analysis previously provided in EIR 95-01. Parks: The proposed amendment would result in 54 additional residential units and the elimination of a 0.9 acre park site (P-8). The project would be required to provide additional park acreage within Otay Ranch to compensate for the elimination of the P-8 park site as well as the increased residential units. At this time, the additional park acreage is anticipated to occur within the Eastern Urban Center (EUC) of Otay Ranch. In addition, as required by Municipal Code Section 17.1 (Parkland Ordinance), park development fees would be increased to reflect the increase in multi-family units. NeiThborhoods R-30 and R-39 Water and Sewer: Based on letter report from Dexter Wilson Engineering Inc., dated May 18, 2001, the regional water facilities being constructed within Village Five are sufficient to provide domestic and fire protection services to the revised development areas. Currently, sixteen-inch potable water lines are planned in Olympic Parkway, East Palomar Street, and Santa Rosa Drive and recycled water lines are proposed in East Palornar Street and Santa Rosa Drive. In addition, the proposed SPA One Plan amendment will not affect the planned sewer line design for the Village 5 area. Based on a letter report from Dexter Wilson Engineering, Inc., dated May 18, 2001, the 8-inch gravity sewer line in East Palomar Street has capacity to accommodate the proposed plarming change. The design capacity of the 8-inch line is 600 EDUs and the proposed change would generate 555 EDUs. Page 10 /~7 Parks: The additional 422 multi-family units to be reallocated to Neighborhoods R-30 and R-39 results in a demand for approximately 2.6 acres of local parks (neighborhood and community, parks) beyond that provided in the Otay Ranch Park Agreement. The project would be required to provide additional park acreage within Otay Ranch to compensate for the increased residential units. At this time, the additional park acreage is anticipated to occur within Village Two of Otay Ranch. In addition, as required by Municipal Code Section 17.1 (Parkland Ordinance), park development fees will be increased to reflect the increase in multi-family units. VII. CONCLUSION The analysis and conclusions presented in the Final EIR are not changed by the proposed revisions, and preparation of a subsequent environmental document is not warranted. Pursuant to Section 15164 of the State CEQA Guidelines and based upon the above discussion. 1 hereby find that the project revisions to the proposed project will result in only minor technical changes or additions to the project, and that none of the conditions for preparing a subsequent or supplemental EIR , as identified by Sections 15162 and 15163 exist. Therefore, the preparation of this Addendum is appropriate to make the Final EIR 95-01 adequate under CEQA. M~rilyn R.F. 15onseggi ; ~ Dante / Environmental Review Coordinator REFERENCES Otay Ranch Sectional Planning Area One Plan and Annexation Final Second-Tier Environmental Impact Report (EIR 95-01), April 1996 Water and Sewer Service, Powell/PBSJ, May 2001 Traffic Analysis. Darnetl and Associates, May 4, 2001 Drainage Study. Rick Engineering Company, April 200I Water and Sewer Analysis. Dexter Wilson Engineering, May 18, 2001 Traffic Analysis. URS/BRW, July 20, 2001 Drainage Assessment. Hunsaker and Associates, May 24, 2001 Case No.IS-01-35:and IS-01-43 ENVIRONMENTAL CHECKLIST FORM 1. Name of Proponent: McMillin Otay Ranch, LLC; and Otay Ranch Project, LP 2. Lead Agency Name and Address: City of Chula Vista 276 Fourth Avenue .' Chula Vista, CA 91910 3. Address and Phone Number of Proponent: 2727 Hooyer Avenue National City, CA 91950 350 W. Ash Street, Suite 750 San Diego, CA 92101 4. Name of Proposal: Otay Ranch SPA One Plan Village Five Amendments 5. Date of Checklist: July 20,200I I. LAND USE AND PLANSNrfNG. Would the proposal.- a) Conflict with general plan designation or [] [] r~ [] zoning? b) Conflict with applicable environmental plans or ~ ' [] [] [] policies adopted by agencies with jurisdiction over the project? c) Affect agricultural resources or operations [] [] ~ [] (e.g., impacts to soils or farmlands, or impacts from incompatible land uses)? d) Disrupt or divide tbe physical arrangement of [] [2 [] [] an established community (including a Iow- .': income or minority community)? Comments: The proposed amendments would be consistent with the overall densities approved in the SPA One Plan, and the GDP and SPA Plan policies as evaluated under Final EIR 95-01. See further discussion in Section VI. of Addendum. Page 12 II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local [] tn [] [] population projections? b) Induce substantial growth in an area either [] [] [] [] directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable [] [] :~ [] housing? Comments: The proposed amendments would not exceed the total multi-family and single family unit counts compared to the land use assumptions contained in the Final EIR 95-01 analysis of population and housing. Since the proposed amendments represent similar numbers and types of residential uses, the amendments are anticipated to result in virtually identical impacts to population and housing as was analyzed for the original SPA Plan in the Final EIR 95- 01. III. GEOPHYSICAL. Would the proposal result in or s~g~a~t u,a~ s~g~a~n, ~o expose people to potential impacts involving: ~mpa,, Mitigated Impact Impact a) Unstable earth conditions or changes in [] [] ~ [] geologic substructures? b) Disruptions, displacements, compaction or [] [] [] [] overcovering of the soil? c) Change in topography or ground surface relief [] [] [] ~ features? d) The destruction, covering or modification of [] [] [] ~ any unique geologic or physical features? e) Any increase in wind or water erosion of soils, [] [] [] [] either on or off the site? f) Changes in deposition or erosion of beach '~ [] [] g sands, or changes in siltation, deposition or erosion which may modify, the channel of a river or stream or the bed of the ocean or any bay inlet or lake? g) Exposure of people or property to geologic [] [] [] [] hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? Comments: The Final EIR 95-01 determined that no sig-nificant impacts associated with ~ound / -30 Page 13 surface rapture (faulting) or liquefaction would occur on the project site. The Final EIR identified specific mitigation measures for ~ound shaking, soils, and slope stability that reduce potential impacts to a less than significant level. The mitigation measures required the submittal of site specific geotechnical analysis prepared by a licensed geotechnical consultant. Conctm-ent with the mass grading of the site, these mitigation measures have been complied with. As the area of potential effect for the proposed SPA One Plan amendment will not change, and with compliance with the FinaI EIR mitigation measures, the proposed amendments would not result in any additional impacts than were previously analyzed in Final EIR 95-01. IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? b) Exposure of people or property to water related hazards such as flooding or tidal waves? c) Discharge into surface waters or other alteration of surface water quality (e.g., temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any water body? e) Changes in currents, or the course of direction of water movements, in either marine or flesh waters? f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? g)Altered direction or rate of flow of groundwater? h) Impacts to groundwater quality? i)Alterations to the course or flow of flood waters? j) Substantial reduction in the amount of water otherwise available for public water supplies? Comments: The proposed amendments would not change the extent of development area (imper~,ious surface) evaluated under the previous water quality and drainage analysis conducted for the Final EIR 95-01. See further discussion in Section VI. of Addendum. , a_e 14 V. AIR QUALITY. Would the proposal: Vo,,~au) si~nm~ ~,~,h,~ a) Violate any air quality standard or contribute to [] [] tn [] an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? [] [] [] [] c) Alter air movement, moisture, or temperature, [] [] [] [] or cause any change in climate, either locally or regionally? d) Create objectionable odors? [] [3 [] [] e) Create a substantial increase in stationary or [] tn ~ [] non-stationary sources of air emissions or the deterioration of ambient air quality? Comments: As discussed in Section VI. of the Addendum, the proposed amendments would not result in traffic volumes beyond those previously analyzed in the Final EIR. The traffic analysis reports concluded that the levels of service at nearby intersections would remain the same, and access points to the projects would operate at acceptable levels. Therefore, air quality impacts and mitigation measures would be similar to those previously analyzed in Final E[R 95-01. vi. TRANSPORTATION/CIRCULATION. ~Vou~d lmpacl ]~litigat~ Impacl Impact the proposal rexult in: a) Increased vehicle trips or traffic congestion? [] [] [] [] b) Hazards to safety from design features (e.g., [] [] [] [] sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? c) Inadequate emergency access or access to [] [] [] [] nearby uses? d) Insufficient parking capacity on-site or off-site? [] [] ~ [] e) Hazards or barriers for pedestrians or [] [] r3 [] bicyclists? f) Conflicts with adopted policies supporting [] [] [] [] alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? [] [] [] [] h) A "large project" under the Congestion [] [] [] [] Management Program? (An equivalent of 2400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips.) Comments: The proposed amendmenls would result in similar tyaffic impacts as were evaluated in Final EIR 95-01. See further discussion in Section VI. of Addendum. 'VII. BIOLOGICAL RESOURCES. Would the Vo,..,i~n:.sie~a',~ u,~ ~. proposal result in impacts to: t~ Miligaled Impact Impact a) Endangered, sensitive species, species of [] t~ [] [] concern or species that are candidates for listing? b) Locally designated species (e.g., heritage [] [] [] [] trees)? c) Locally designated natural communities (e.g., [] [] [] [] oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian and [] [] [] [] vernal pool)? e) Wildlife dispersal or migration corridors? [] [] [] ta f) Affect regional habitat preservation planning [] [] [] [] efforts? Comments: The Final EIR 95-01 identified impacts to biological resources that required mitigation to reduce impacts to a level less than significant. Since that time, the proposed project site has been mass gTaded in accordance with the SPA One Plan, Tentative Map and the City's grading ordinance and no vegetation remains onsite. With the proposed amendment to the SPA One Plan, the area of development will not be altered from the previous biological resource assessment botmdary; therefore, the proposed revisions will not result in significant impacts to biological resources. Conveyance of land into the Preserve for development in SPA One has already occun-ed, and the proposed amendment will not require additional conveyance of land by the project applicant(s). VIII. ENERGY ANq) MINERAL RESOURCES. Significant Unless Signillcam No Would the proposal: lm~, Mitigated Impacl Impaa a) Conflict with adopted energy conservation [] [] [] [] plans? b) Use non-renewable resources in a wasteful and [] [] [] [] inefficient manner? c) If the site is designated for mineral resource [] [] [] [] protection, will this project impact this protection? Comments: There were no impacts identified in Final EIR 95-01 associated with energy and mineral resources. The proposed amendments would not change the conclusions of the Final ELR 95-01. Page 16 ./,_.~ "',3 ,~ IX. HAZARDS. Would the proposal involve: po,.~u~u~ slv~n~, t~,~n a) A risk of accidental explosion or release of r2 tn [] [] hazardous substances (including, but not limited to: petroleum products, pesticides, chemicals or radiation)? b) Possible interference with an emergency [] rn [] [] response plan or emergency evacuation plan? c) The creation of any health hazard or potential r2 [~ ~2 [] health hazard? d) Exposure of people to existing sources of [] r~ [] [] potential health hazards? e) Increased fire hazard in areas with flammable [] [] tn [] brush, grass, or trees? Comments: The proposed amendments to the SPA Plan would not result in a change in the type or character of land uses that would cause any hazards to human health or safety or to the environment. The proposed changes to the plan include reallocation of residential densities, which would not result in any impacts related to hazards or hazardous conditions, as previously concluded under Final EIR 95-01. Potentially X. NOISE. Would the proposal result in: Po~,~aay si~a~,o, Dt r~ ~ a) Increases in existing noise levels? [] [] [] ~ b) Exposure of people to severe noise levels? [] [] r~ ~ Comments: Due to the same development area for the proposed SPA One Plan amendment, construction noise impacts will not change with the proposed amendment. Mass grading of the site has occurred mad the project has complied with the constro, ction noise mitigation measure as outlined in the Final EIR 95-01. As with the approved SPA One Plan, additional pad grading will be required and the project applicant shall adhere to the MMRP construction noise mitigation for any additional ~ading activities required. The proposed plan changes were analyzed for potential increases in traffic on surrounding roadways. The conclusions of the traffic studies indicate that localized increases in traffic resulting from the reallocation of residential densities would not be sufficient to result in any substantial increases in traffic volumes. As a result, no new impacts to noise are anticipated to occur with the proposed SPA amendments, and no new mitigation measures would be required. As previously required, noise barriers would still need to be provided for units adjacent to roadways with noise levels in excess of 65 CNEL. Page 17 XI. PUBLIC SERVICES. Would the proposal have Po,.~,i.uy s~n,~, ~ ,h.D an effect upon, or result in a need for new or lmlmct MJtlgalt-d lmlmct Impel altered government services in any of the following a) Fire protection? r~ [] [] ~ b) Police protection? [] [] [] [] c) Schools? [] [] [] [] d) Maintenance of public facilities, including [] [] r2 [] roads? e) Other governmental services? [] [] [] [] Comments: Schools. Implementation of the proposed amendments would result in a slight decrease (1699 vs. 1665) in the overall number of students generated by Village when compared to the previous analysis. Therefore, with implementation of the proposed mitigation measures in the previous EIR, no sig-nificant impact to school services will occur with implementation of the proposed SPA One Plan amendment. The proposed amendments ~vould not result in any additional impacts than were previously analyzed in Final EIR 95-01. LawEnforcement/Fire/EMS. The Final EIR 95-01 identifies the need for police and fire service in the project area with future development of the SPA One Plan area. The project is within the boundaries of the public facilities Development Impact Fee pro,am, and therefore will be subject to the payment of the police and fire/EMS fee rates in effect at the time building permits are issued. Therefore, no new impacts to law enforcement, fire, or EMS will occur with implementation of the SPA One Plan amendment. Library. The proposed SPA One Plan amendments do not change the impact analysis performed in the Final EIR. The demand for the 4,876 square feet o£1ibrary space generated by Village Five will be satisfied by the 36,758 square foot library planned in the Eastern Urban Center; therefore, no significant impacts to library services will occur with implementation of the proposed SPA One Plan amendment. In addition, the payment of Development Impact Fees for library services at the rate in effect at the time building permits are issued will further assist in development of adequate library facilities in the project area. The proposed amendments would not result in any additional impacts than were previously analyzed in Final EIR 95-01. b~tegrated Waste 3'Ianagement. The proposed SPA One Plan amendments do not change the impact analysis prepared for the Final EIR 95-01. The Final EIR states that development of SPA One `x'iI1 result in a significant increase in solid waste generation; however, with implementation of proposed mitigation measures these impacts will be reduced to a less than significant level. An Inte~ated Waste Management Plan has been prepared for the Otay Ranch GDP area. The plan has identified the need for solid waste and recycling facilities in the Otay Ranch including neighborhood recycling dropoff facilities, a materials recovery facility, composting facility, and a facility to collects household hazardous waste. The proposed amendments would not result in any ': additional impacts than were previously analyzed in Final EIR 95-01. XII. Thresholds. Will the proposal adversely impact c] c] [] ~ the City's JTzreshoM Standards ? As described below, the proposed project does not adversely impact any of the seven Threshold Standards. a) Fire/EMS [] rn r~ [] The Threshold Standards requires that fire and medical units must be able to respond to calls within 7 minutes or less in 85% of the cases and within 5 minutes or less in 75% of the cases. The City of Chula Vista has determined that this threshold standard will be met because fire services would be provided in accord with the Otay Ranch Fire Master Plan and EMS Master Plan. Comments: The Final EIR 95-01 identified impacts associated with the overall SPA One development and required mitigation through the payment of Public Facilities fees to reduce impacts to a level less than significant. The proposed amendments would be within the total unit count previously analyzed, and therefore xvould not affect the previous conclusions of Final EIR 95-01. b) Police [] [] [] ~ The Threshold Standards require that police units must respond to 84 % of Priority 1 calls within 7 minutes or less and maintain an average response time to all Priority I calls of 4.5 minutes or less. Police units must respond to 62.10% of Priority 2 calls within 7 minutes or less and maintain an average response time to ail Priority 2 calls of 7 minutes or less. The proposed project will comply with this Threshold Standard. Comments: The Final EIR 95-01 identified impacts associated with the overall SPA One development and required mitigation through the payment of Public Facilities fees To reduce impacts to a level less than s~gnificant. The proposed amendments would be within the total unit count previous]), analyzed, and therefore would not affect the previous conclusions of FinaI EIR 95-01. c) Traffic [] [] [] [] The Threshold Standards require that all intersections must operate at a Level of Sen, ice (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak m,o hours of the day at signalized intersections. Intersections west of Page ]9 /3 -L.~ 1-805 are not to operate at a LOS below their 1987 LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this Standard. The proposed project will comply with this Threshold Standard. Comments: As previously discussed, the proposed amendments would not result in an increase of traffic volumes and would maintain the levels of service as previously analyzed in Final EIR 95-01. d) Parks/Recreation [] t: rn [] The Threshold Standard for Parks and Recreation is 3 acres/I,000 population. The proposed project will comply with this Threshold Standard. Comments: The proposed amendments would result in modifications to the prev/ously planned parks within Village Five; however, the project would be required to compensate for any changes to the park acreage elsewhere in Otay Ranch and would be subject to park acquisition and development fees in effect at the time building permits are obtained. Therefore, the project would comply with the Parks and Recreation Threshold. e) Drainage [] [] [] [] The Threshold Standards require that storm water flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with the Drainage Master Plan(s) and City Engineering Standards. The proposed project will comply with this Threshold Standard. Comments: The proposed amendments would not result in an increase to the development area (imper~dous surface) previously evaluated under the Final EIR 95-0 I, and therefore the necessary drainage improvements previously required would be maintained. Pot entlaBy Sige, ifieam U~lv&* Sig~ficant No f) Sewer r2 [] D [] The Threshold Standards require that sewage flows and volumes not exceed CiD' Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Plan(s) and City Engineering Standards. The proposed project will comply with this Threshold Standard. Comments: The proposed amendments would not result in an increase to sewage flows previously evaluated under the Final EIR 95-01, and therefore the necessary improvements previously required would be maintained. Pa~e 20 J~ -~ ~ g) Water tn ~ [] [] The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that water quality standards are not jeopardized during growth and construction. The proposed project will comply with this Threshold Standard. Applicants may also be required to participate in whatever water conservation or fee off- set program the City of Chula Vista bas in effect at the time of building permit issuance. Comments: The proposed amendments would not result in an increase in water U-ansmission, treatment or storage facilities as previously evaluated under the Final EIR 95-01, and therefore the necessary improvements prex4ously required would be maintained. XIII. UTILITIES AND SERVICE SYSTEMS. Would Vo,~tmy s~.~ ~ than the proposal result in a need for new systems, or Imv,~, Mitigated hnpacl Impact substantial alterations to the following utilities: a) Power or natural gas? tn [] [] [] b) Communications systems? [] r~ [] [] c) Local or regional water treatment or [] tn [] distribution facilities? d) Sewer or septic tanks? [] [] [] [] e) Storm water drainage? [] [] [] [] t) Solid waste disposal? [] [] [] [] Comments: The proposed amendments would not result in the need for additional facilities or improvements beyond that previously analyzed in Final EIR 95-01. See further discussion in Section ',q. of Addendum. XI%7. AESTHETICS. WouM the proposal: Im~ Mitigated Impact lmpacl a) Obstruct any scenic vista or view open to the [] [] [] [] public or will the proposal result in the creation of an aesthetically offensive site open to public view? b) Cause the destruction or modification of a [] [] [] [] scenic route? c) Have a demonstrable negative aesthetic effect? [] [] [] [] d) Create added light or glare sources that could [] [] rn [] Page 21 increase the level of sky glow in an area or cause this project to fail to comply with Section 19.66.100 of the Chula Vista Municipal Code, Title 197 e) Produce an additional amount of spill light? [] tn rn [] Comments: The proposed amendment areas have been previously mass graded and no additional encroachment into steep slope areas would result from implementation of the amendments. In addition, the proposed amendments would not require any substantial changes to the Fading plans for Village Five. Views of the project area would not be substantially changed with the proposed amendments, since the visual character of the proposed uses in the locations identified would not be substantially different from those that would result under the adopted SPA One Plan and Final EIR 95-01. The proposed amendments would not result in any additional impacts than were previously analyzed in Final EIR 95-01. PotenUally XV. CULTUR.4i, RESOURCES. Would g]~e lmpat~ Mitigated Impact lmpa¢~ proposal: a) Will the proposal result in the alteration of or [] [] [] [] the destruction or a prehistoric or historic archaeological site? b) Will the proposal result in adverse physical or [] [] [] [] aesthetic effects to a prehistoric or historic building, structure or object? c) Does the proposal have the potential to cause a [] [] [] [] physical change which would affect unique ethnic cultural values? d) Will the proposal restrict existing religious or [] [] [] [] sacred uses within the potential impact area? e) Is the area identified on the City's General Plan [] [] [] ~ EIR as an area of high potential for archeological resources? Comments: The proposed SPA One Plan amendments will not increase the development area fi-om that which was previously analyzed in Final EIR 95-01. All of the archaeological and historical investigations for the Final EIR were completed in accordance with the guidelines of the City of Chula Vista and the County of San Diego (Guidelines for the Implementation of the California Environmental Quality Act ] 991). The cultural resource studies and further testing of sites determined that there would be one direct impact to one site of moderate sigrfificance that was considered a sig-nificant impact. This identified site is not within the boundaries of the proposed amendment areas. Further, through the implementation of Final EIR MMTRP during mass Fading of the site, these impacts have been mitigated through an onsite monitor during Fading activities that have occurred. As the proposed amendment does not alter the area of potential effect and with the cultural resource mitigation measures in the Final EIR already Page _~ implemented, the proposed amendments would not result in any additional impacts than were previously analyzed in Final EIR 95-01. XVI. PALEONTOLOGICAL RESOURCES. Will the [] [] [] [] proposal result in the alteration of or the destruction of paleontological resources ? Comments: The Final EIR determined that the project area contains areas of His& Sensitivity and "Moderate Sensitivity" for paleontological resources. The Final EIR indicated that development of the SPA One project would result in massive grading over the entire project site and that significant impacts would occur to paleontological resources in the areas comprised of "High" and "Moderate" sensitivity. This grading activity has been completed and the MMRP measures complied with. The proposed amendments would not result in any additional impacts than were previously analyzed in Final EIR 95-01. XWII. RECREATION. Would the proposal: ~'o,eD,a~ Significant ~ than a) Increase the demand for neighborhood or [] [] [] [] regional parks or other recreational facilities? b) Affect existing recreational opportunities? [] [] [] [] c) Interfere with recreation parks & recreation [] [] [] [] plans or programs? Comments: The proposed amendment would result in a minor modification to the park acreage location and quantity. The project would be required to provide adequate park acreage, as approved under the ohginal SPA One Plan and evaluated under Final EI2~ 95-01. See further discussion in Section VI. of Addendum. X%qlI. MANDATORY FINDINGS OF SIGNIFICANCE: See Negative Declaration for mandatoo, findings of sigmficance. If an EIR is needed, this section should be cotnpleted. a) Does the project have the potential to degrade [] [] [] [] the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or Page 23 endangered plant or animal or eliminate important examples of the major periods or California history or prehismry? Comments: The proposed amendments would not result in significant impacts biological or archaeological resources. b) Does the project have impacts that are [] [] [] [] individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable furore projects.). Comments: The proposed amendments would not result in cumulative impacts beyond those previously analyzed in Final EIR 95-01. c) Does the project have environmental effects, [] n [] [] which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: The proposed amendments would not result in substantial adverse effects on human beings, either directly or indirectly. The proposed amendments would not result in substantial adverse effects on human beings, either directly or indirectly. X/X. PROJECT REVISIONS OR 5~ITIGATION MEASUERES: No additionalmitigation measures beyond those previously identified in Final E[R 95-01 are required for the proposed amendments to the SPA One Plan. Page 24 XX. AGREEMENT TO IMPLEMENT MITIGATION MEASURES By signing the line(s) provided below, the Applicant(s) and/or Operator(s) stipulate that they have each read. understood and have their respective company's authority to and do a~ee to the mitigation measures contained herein, and will implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign the line(s) provided below prior to adoption of the Addendum shall indicate the Applicants' ancFor Operator's desire that the Project be held in abeyance without approval. N/A Printed Name and Title of Authorized Representative of [Property Owner's Name] N/A Signature of Authorized Representative of Date [Property Owner's Name] N/A Printed Name and Title of [Operator if different from Property Owner] N/A Signature of Authorized Representative of Date [Operator if different from Property Owner] XXI. ENVIRONM~;NTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the chec 'klist on the previous pages. [] Land Use and Planning [] Transportation/Circulation [] Public Services [] Population and Housing [] Biological Resources [] Utilities and Service Systems [] Geophysical [] Energy and Mineral Resources [] Aesthetics [] Water [] Hazards [] Cultural Resources [] Air Quality [] Noise [] Recreation [] Paleontological [] Mandatory Findings of Significance Resources Page 25 )DLII. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, [] and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, [] there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an [] ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at [] least one effect: 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impacts" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I fred that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects · (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. An addendum has been prepared to provide a record of this determination. M~{rilynR/.F. Ponseggi ~ .5 ' ~ate Environmental Review Coordinator City of Chula Vista Page 26 DRAFT EXHIBIT "C" OTAY RANCH VILLAGE FIVE SECTIONAL PLANNING AREA (SPA) PLAN CONDITIONS OF APPROVAL GENERAL PROVISIONS 1. The Applicant shall comply with all requirements and guidelines of the City o£ Chula Vista General Plan; the City's Growth Management Ordinance; Otay Ranch General Development Plan, Otay Ranch Resource Management Ordinance, Phase 1 and Phase 2; Ranch-Wide A££ordabl6 Housing Plan; Overall Design Plan; Otay Ranch Sectional Planning Area (SPA) One Plan and supporting documents including: SPA One Public Facilities Finance Plan; SPA One Parks, Recreation, Open Space and Trails Plan; SPA One Affordable Housing Plan; Village Five Core Master Precise Plan; and the NonRenewable Energy Conservation Plan all as may be amended ~rom time to time, unless specifically modified by the appropriate department head, with the approval o£ the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval o£ the City Manager, however, any material modifications shall be subject to approval by the City Council. 2. Development shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA) as set forth in the National Pollutant Discharge Elimination System (NPDES) permit requirements £or urban runoff and storm water discharge, the Clean Water Act, and any regulations adopted by the City o£ Chula Vista pursuant to the NPDES regulations or requirements. Further, the Developer shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement o£ grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. The developer shall comply with all the provisions o£ the NPDES and the Clean Water Program during and after all phases of the development process, including but not limited to: mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The Developer shall design the Project storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer. OTAY RANCH VILLAGE FIVE SPA PLAN Conditions of Approval 2 3. Prior to the approval of the first final map, or issuance of the first grading permit for the Project, whichever occurs earlier, enter into an agreement with the City of Chula Vista, wherein the Developer agrees to the following: a. Comply with the requirements of the new Municipal Storm Water Permit (Order No. 2001-01) issued by the San Diego Regional Water Quality Control Board, including revision of plans as necessary. b. Indemnify, and hold harmless the City, its elected and appointed officers and employees, from and against all fines, costs, and expenses arising out of non- compliance with the requirements of the NPDES regulations, in connection with the execution of any construction and/or grading work for the Project, whether the non-compliance results from any action by the Developer, any agent or employee, subcontractors, or others. The Developer's indemnification shall include any and all costs, expenses, attomey's fees and liability incurred by the City. c. That the City Engineer may require incorporation of Standard Urban Water Mitigation Plan (SUSMP) requirements during the implementation period preceding the adoption of the local SUSMP by the City for all priority projects or phases of priority projects undergoing approval process, in accordance with Order No. 2001-01, NPDES No. CAS0108758 Municipal Permit, as determined by the City Engineer. d. To not protest the formation of a facilities benefit district or any other funding mechanism approved by the City to finance the operation, maintenance, inspection, and monitoring of NPDES facilities. This agreement to not protest shall not be deemed a waiver of the fight to challenge the amount of any assessment, which may be imposed due to the addition of these improvements and shall not interfere with the right of any person to vote in a secret ballot election. The above noted agreement shall mn with the entire land contained within the Project 4. The project shall satisfy the requirements of the Park Land Dedication Ordinance (PLDO). The ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1,000 residents. Local parks are comprised of community parks and neighborhood parks. 5. The Applicant shall agree and acknowledge in writing, prior to the first map for the Project, that approval of the Project creates an additional parkland obligation of 1.26 acres ("Additional Parkland Obligation"). OTAY RANCH VILLAGE FIVE SPA PLAN Conditions of Approval 3 6. The Applicant's "Additional Parkland Obligation" shall be satisfied through the dedication of community parkland and the payment of community park improvement fees. 7. Prior to the issuance of the first building permit for the Project, the Applicant shall submit a community park delivery schedule, subject to approval of the Director of Parks and Recreation, that demonstrates delivery of the community park within a time frame deemed acceptable by the Director of Parks and Recreation. 8. The location of the Additional Parkland Obligation shall be within a service radius of SPA One as defined in the GDP, and deemed acceptable by the Director of Parks and Recreation. The Additional Parkland Obligation may ultimately be aggregated with other parkland, subject to approval by the Director of Parks and Recreation. The Applicant, upon request of the Director of Parks and Recreation, shall amend the Otay Ranch GDP to reflect the location of the community park and such amendment shall be at the expense of the applicant. 9. The Applicant shall acknowledge and agree in writing, to the Director of Parks and Recreation, prior to the first map for the project, to provide the Additional Parkland Obligation (APO) to the City in a location acceptable to the Director of Parks and Recreation. In applicant's writing, applicant shall acknowledge that notwithstanding the cost or value of the APO, such APO shall be deemed to satisfy applicant's land acquisition component of it's PAD fee obligation (approximately $217,000 per acre). The Applicant shall not be entitled to receive additional parkland acreage credit in the event that the market value or cost of APO exceeds the PAD Master Fee Schedule defined fees. 10. Within 30 days of approval of the Project the Applicant shall submit an Amendment to the Otay Ranch Park Agreement ("Agreement") to the Director of Parks and Recreation to incorporate these SPA One conditions. The Applicant shall fully cooperate with the City in the Amendment to the Agreement to reflect all applicable current parkland and park improvement obligations. 11. Within thirty days of City Council approval of this amendment, the Applicant shall take all necessary steps to revise the affected planning documents to reflect the approved amendments and submit said revised planning documents to the City of Chula Vista, to the satisfaction of the Director of Planning and Building. Should this condition fail to occur, City processing of all applications related to this approval shall be suspended until such time as revised planning documents have been submitted to the City and accepted by the Director of Planning and Building. OTAY RANCH VILLAGE FIVE SPA PLAN Conditions of Approval 4 12. A Hydrology/Water Quality study shall be submitted with the first submittal of grading/improvement plans to the City Engineer for review and approval prior to issuance of any grading permit. 13. Prior to issuance of building permits, the Applicant shall demonstrate compliance with Califomia Handicapped Accessibility Requirements and energy conservation requirements. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLANNED COMMUNITY DISTRICT REGULATIONS MODIFYING THE ZONING DISTRICT MAP FOR VILLAGE FIVE WHEREAS, the property which is the subject matter of this resolution is identified on Exhibit "A" attached hereto and described on Chula Vista Tract 97-02, and is commonly known as The Otay Ranch Village Five Core ("Property"); and WHEREAS, an application to amend the applicable sections and exhibits contained in the Otay Ranch Sectional Planning Area (SPA) One Plan, the SPA One Village Design Plan, the SPA One Parks, Recreation, Open Space and Trails Master Plan, and the Village Five Core Master Precise Plan was filed with the City o£Chula Vista Planning and Building Department on December 20, 2000 by McMillin Otay Ranch, L.L.C. ("Applicant"), to wit PCM-01-1 I; and WHEREAS, Applicant has requested amendments to ©ray Ranch SPA One Plarmed Community District Regulations which requires modifying the SPA One Zoning District Map in order to reflect neighborhood boundary adjustments to Neighborhoods P-8 and C-3A1-45, located in the Property and as shown on Exhibit "B"; and WHEREAS, Applicant has requested that the Zoning District for Park P-8 in the Property be amended from OS/PI (Open Space/Park) to C/RM2 (Commercial/Residential Multi-family Two) and that the adjacent plaza street also be designated C/RM2, as shown on Exhibits "B" ("Project"); and WHEREAS, the amended Otay Ranch SPA One Planned Community District Regulations are established pursuant to Title 19 of the Chula Vista Municipal Code, specifically Chapter 19.48 (PC) Planned Community Zone, and are applicable the Otay Ranch SPA One Land Use Plan of the amended SPA One Plan; and, WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area One Plan ("SPA One Plan") environmentally evaluated under EIR 95-01 and previously approved by the City Council on June 4, 1996 by Resolution No. 18286; and, WHEREAS, an amendment to the Otay Ranch GDP was approved by the City Council of the City of Chula Vista on November 10, 1998 and an amendment to the SPA One Plan was approved by the City Council of the City of Chula Vista on February 16, 1999 by Resolution No. 19375 (PCM 97-11), which added Village One West to the Otay Ranch SPA One area; and, WHEREAS, the amended Otay Ranch SPA One Plan refines and implements the land plans, goals, objectives and policies of the Otay Ranch GDP as adopted by the City Council of the City of Chula Vista on October, 23, 1993, and as amended on May 14, 1996, and November 10, 1998; and, Ordinance No. __ Page No. 2 of 4 WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and determined the Project would not result in any new environmental impacts that were not previously identified, nor would the Project result in a substantial increase in severity in any environmental effects previously identified in FEIR 95-01; therefore, an Addendum to FEIR 95-01 has been prepared in accordance with the State CEQA Guidelines Section 15164; and WHEREAS, a public forum was held on August 9, 2001 at Heritage Elementary School in SPA One in order to apprise the public of the Project and garner information fi.om area residents; and WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Sectional Planning Area (SPA) One Plan amendment (PCM-01-11) 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 Project site at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. August 22, 2001, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, amending Otay Ranch SPA One Planned Community District boundaries within the Village Five Core is intended to ensure that the SPA One Plan and related documents are implemented in accordance with the Otay Ranch General Development Plan (GDP) in order to implement the City of Chula Vista General Plan for eastern Chula Vista, to promote the orderly planning and long term phased development of the Otay Ranch GDP and to establish conditions which will enable the amended Otay Ranch SPA One area to exist in harmony within the community. 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 hearing on the amended SPA One Plan held on August 22, 2001 and the minutes and resolutions therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. Ordinance No. __ Page No. 3 of 4 II. ACTION The City Council hereby adopts the modifications to the Zoning District Map (Exhibit "B") of the SPA One Planned Community District Regulations, finding that they are consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch SPA One Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. II. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the addendum to FEIR 95-01, would have no new effects that were not examined in said FEIR [Guideline 15168 (c)(2)]; and III. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR EIR The City Council hereby finds that the Project would not result in any new environmental impacts that were not previously identified, nor would the Project result in a substantial increase in severity in any environmental effects previously identified in FEIR 95-01. Only minor technical changes or additions are necessary and none of the conditions requiring preparation of a subsequent or supplemental EIR, as identified in l 5162 and 15163 exist; and; therefore, an Addendum to FEIR 95-01 has been prepared in accordance with the State CEQA Guidelines Section 15164. Therefore, the City Council approves the Project as an activity that is within the scope of the project covered by the EIR 95-01. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council has found, pursuant to City Council Resolution No. __, that the Addendum prepared to Otay Ranch SPA One EIR 95-01 reflected the independent judgment of the City Council of the City of Chula Vista and adopted the Addendum to Otay Ranch SPA One EIR 95-01. V. INCORPORATION OF ALL MITIGATION MEASURES AND ALTERNATIVES The City Council does hereby re-adopt and incorporate herein as conditions for this approval all applicable mitigation measures and alternatives, as set forth in the findings adopted in the Mitigation Monitoring Program for EIR 95-01. VI. NOTICE WITH LATER ACTIVITIES Ordinance No. __ Page No. 4 of 4 The City Council does hereby give notice, to the extent required by law, that this Project was fully described and analyzed and is within the scope of the EIR 95-01 which adequately describes and analyzes this project for the purposes of CEQA [Guideline 15168(e)]. Presented by Approved as to form by Robert Leiter John l~.Zt~ahe~3~ Planning and Building Director City Attorney CAPm OTAY RANCH CONDOS VILLAGE 5 (SPA 1) EAST PALOMAR ST ~ TERESINA APARTMENTS MAR[GOLD VISTA NEIGHBORHOOD PARK pR1MROSE CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT McMillin Communities Inc. PROJECT DESCRIPTION:  APPUCA.T: SPA ONE AMENDMENT PROJECT Southeast corner of East Palomar ADDRESS: Street & Santa Cora Avenue Request: Propose a commercial and multi-family residential mixed use development, Related Case: PCM-OI-1 O, pcm-Ol-11 SCALE: FILE NUMBER: NORTH No Scale IS-01-035(B) cSch erryl\locators\is01035 .cdr 6.13.0t/,.-~--' -:~.~L, BIIlBIT I \\\ - ~ æ ---- i~ ,~ l f ! ! æ } <;: 1 I I I I I I'" <;¡ :'; I'~ 8 u 0 ~ .. :¡; ~ ~ ... E E :> <J) .. en => ." <:: ... -.J .. > ü: .. C) ~ :> E . E 88888 ~ ~ Ii :¡. :;; ¡: 1 ~91 .Jj:;) ~ .. > ¡¡; fa ,g ;;: ., ~ ., N . ~::! .. I IE] t ~I ¡ ; J I i !ž i ~ ~ ::I ~ ~ .. ~ ~ '" !ä :¡; ~ '" '" .. ... 18 I~l! Ih~ ~¡U =!l" ~rd Un ~ .... d '" < is w ~ ~ Leg.end Preferred Trolley Alignment ., Trans~ Stop (Median) ~ GommerciaVMlxed Use Overlay (G-3IR-45) \ ....... "'" -""" -""'..>O,,"""~......- ""'"o_".T""_O""""s'" ""'.'0' ""moro""""..--........., 01",_..,......... Nwlh EB 1I1Il......Ji . ... "" "",. _"""""0-' '" "P1"0'-< -~-, H~'~', ,.o~"~.. ,- ~:,,:;:. -~r-. -,., w_,~~ -s:: COco ::::s- ""a.. Q, O)L. 00) S::"" om o~ " 0) ..... co ..... 0 s:: s:: « M 0 æ =: .c J: >< W ~ ~ .¡¡ ¡¡ .. .! ¡¡; ¡¡; ~ :; ~ .. " 0 0 u .. '" ~fif -s:: caca ::s- Ö,a.. (J)L. O(J) 1:1;) 0", °:2 " CD ..... ca Õ I: I: <C ('I) ... ;§ .c >< W ~ î ~ ~ ! ~ ¡¡; 3 ~ 3 ~ .. ~§ 8~ ~I ß Preferred Trolley Alignment .. Trensll Slop (Median) ~ GommerclaVMlxed Use Over1ay (G-3IR-45) ...., , """..----...- "'...._od',",,_a,....'" _" Mmo..--_"","" ..-,-.. "".. EÐ Th"'LJì . ..,.., "or """""""""""',......... m"".m-k. Village Five Land Use Summary NoIghbo- lM>d Acfugo o../ling Target Area U.. Unlta DUoIAC R-23 SF 15,3 87 5.7 R-24 SF 2Ø,g 138 4.a R-25 SF 18.2 73 4,5 R-26 SF 15.5 76 5.0 R-27 SF 1I.e 56 4.9 R-2Ø SF 11,9 62 6.9 R-30 SF 22,0 145 6.6 R-31 SF 16.5 63 4.5 R-32 SF 23.1 113 4.9 R-33 SF 11.7 55 4.7 R-~ SF 9.0 40 4.4 R-35 SF 9.8 40 4.1 R-3fI SF 13.3 69 5.2 R-37 SF 11.9 sa 5.5 R-36 SF 7,7 45 5.d R-41 SF 14.4 90 8-3 Subtotal SF 241.0 1.282 5_2 MF 11.4 96 7.5 MF 10,4 90 8.7 MF 15.8 182 11.7 MF 12.4 198 16_0 MF 9.6 74 7.7 MF 6.2 240 29.3 MF 8,8 200 28.4 MF 7.2 117 16.3 8u_IMF 81-8 1.187 14.5 MU 3.8 72 18.9 8ub1o1a1 MU 3:i 72 18.9 TOIaIR..ldonlla' 326.3 2,512 T.T P-8.1 P.'" 5.3 P-8.2 Per1< 1.5 P-7 Pa'" 5.7 R-22 R-2Q R-3Q R-40 R-42 R-43 R-44 R-46 G-3IR-45 P-9.1 P.'" 1.0 P-9.2 P.'" 1.0 P-10 P.'" 1,3 P-11 Pe... ~- SublOlal Park 18.4 GPF-4 CPF 4.8 CPF-5 CPF ~ Sublo1AllCPF 10.1 S-2 School 10,0 OS O.S, 90.2 IntCI", SIN.' 20,5 ex. 0", ...... ~ 8ubtotal 141.0 Viliaga FIYa Tolo' 493_9 Exhibit 1-11 Village Five Land Use Plan McMillin's Proposed Changes to Multi-Family Dwelling Unit Counts in the Village Five Core General Adopted Proposed New Development SP A Plan SPA SPA Plan Plan Plan Multi-Family 1,615 1,218 56 1,274 ]¡ ì ! ¡ I ¡! II; ~ 0 u ~ u:J ~ 0 Ê ~ '11 :d > "- ~ .J .J - ~ :E U m!i j .:. [III h. <, ISI ¡ i; ,j z ~ < ~ w ~ £ 8 ~ ( ) g¿ 0 U ~ õ: t§ ~ ;> "- 3 - ~ ~ IlG ~ !WI S ~ ~ ~¡ ~¡ q ~ ~ ~ 0 u UJ ;z; u.. ~ ~ '- ~ == ::E u ::E mill! ... Ui j CONCLUSION The Otay Ranch GDP policies for Village Five indicate the Village Five Core will contain either a Town Square, Village Green or Main Street development concept. The proposal by McMillin to change from a Town Square to Main Street concept is consistent with the GDP policies. The increase in units in the mixed-use project is within the number of multi-family units authorized by the GDP. Other GDP requirements such as the Village Pathway and the Village Five paseo are maintained in the SPA Plan. Staff believes the proposed amendments will allow for a superior mixed-use project that is consistent with' the Otay Ranch GDP policies and the SPA One Plan for Village Five. RECOMMENDA TION COUNCIL APPROVE THE AMENDMENTS TO THE OT A Y RANCH SPA ONE PLAN, ADOPT THE ADDENDUM TO EIR 95-01, AND ADOPT AN ORDINANCE TO MODIFY THE SPA ONE PLANNED COMMUNITY DISTRICT REGULATIONS ZONING DISTRICT BOUNDARIES WITHIN VILLAGE FIVE. Attachment "B.." SPA Amendment Pages Otay Ranch SPA I Village Five - Mixed Use Core Amendment (Parcels R-45/C-2/P-8) March 30, 2001 Updated July 23, 2001 Project Sponsor: McMillin Otay Ranch, LLC 2727 Hoover Avenue National City, CA 91950 Contact Person: Bob Pletcher Tel: (619) 336-3672 FAX: (619)336-3112 Prepared by: Cinti Land Planning 2932 Poinsettia Drive San Diego, CA 92106 Contact Person: Gaty P. Cinti Tel: (619) 223-7408 FAX: (619)223-5108 email: gcinti@pacbell.net 18 J ~~j ¡¡ ~ t ~H CIO C ~ Ii. ...:. CD - II :fie¡: ~ :2 III i )( CD w::::) 'C C CD .... 'I'i' I. Ih Otay Ranch Sectional Planning Area One LAND USE PART I B. VILLAGE FIVE Village Five is comprised of approximately 493 acres located in the northern portion of the Otay Valley Parcel, southwest of the planned interchange of SR-125 and Otay Lakes Road. The Oray Ranch General Development Plan designates Village Five as an urban village to be served by a light rail transit system. The Otay Ranch GDP permits 2,878 units. As an urban village. the Otay Ranch GDP provides for an approximately] 15 acre village core including commercial uses, an elementary school site, neighborhood parks. CPF land uses, and medium-high density housing. The following table summarizes the GDP defined Village Five and the scope of this document- Table 1-5 GDP Land Use Comparative - Village Five Internal Circulation ACRES GDP SPA 280.6 241.0 89.7 -ø+.é- 8 I. 6 10.0 ;.:;r+ I 6.4 10.0 10.0 11.3 10.1 6.0 -+9- 3.8 15A 20.3 20.5 DUS Village Five Single Family Multi-Family Parks GDP 1.263 1.615 SPA 1.262 +::*- 1,259 School CPF CommercialiMixed Use" E,uernal Circularion Open Space 70A 90.2 ViUar:e Five Total 493.4 493.9 2,878 " Dwelline Units Demitted in Mixed Use are indicated in Multi-familv above A5 depicted in Table 1-5 above. there are differences betWeen the acreages depicted in the GDP and SPA for Village Five. These differences are attributable to the more precise level of planning undertaken to prepare the SPA One Land Use Plan. For example, the GDP included acreage for internal circulation in the single family residential acreage - the SPA identifies imernal circulation acreage separately. The GDP included 6.6 acres of neighborhood park land within the Village Five residential acreage, but the SPA identifies neighborhood park acreage separately. Village Five includes more open space acreage because the GDP did not include the slope areas adjacent to the Otay Water District Property ir. rhe open space wtals - the SPA Land Use Plan includes those open space areas. ~ 2.52\ OIay Ranch I-:H r. , IA. ".. July 23. 2001 Otay Ranch Sectional Planning Area One PART I LAND USE 3. Land Use Plan Village Five is an urban village, surrounded by major arterials and buffered by open space. The land use plan incorporates the village concept with higher densities within the village core and decreasing densities away from the village core area. The land use pattern established by the Ûtay Ranch GOP emphasizes balanced land uses, environmentally sensitive development, transit/pedestrian orientation, a diverse economic base, diverse housing opportunities and land uses rhat offer a sense of place to Village Five residents. The Village Five Land Use Plan establishes single-family densities from 4.1 to 6.9 dwelling units/acre, and multiple-family densities from 7.5 to 30.9 dwelling unit,S/acre. The densities planned for this Village are consistent with the approved Otay Ranch General Development Plan. The village core includes medium-high density residenrial units, a 10.0 acre elementary school site, a town square, tWo neighborhood park sites, a transit stop and shelter, future light rail transit right-of-way,~cres of commerciallretail with residential above and 10.1 acres for Community Purpose Facilit~3.8 The Village Five land Use Plan (Exhibit 1-11) depicts single-family and multi-family neighborhoods and the Land Use Plan summary. 4. Road Connections In some instances. SPA identified road alignmems differ slightly from the alignments depicted in the GDP. As a "general" development plan, the GDP anticipated and permits such modest changes betWeen the GDP and the SPA. These differences are necessary as the land plan becomes more precise due to physical requirements of the road location, grading consideration, and traffic safety requirements (such as, sight-distances, "T" intersections requirements and road crossing separations). Otay Ra"cb 1-37 July 23. 2001 r L .".- village rlva UlIIU V.... <:1IUllllllal, ............-..- -- Dw8I1Ing T8 II - U.. UnIl8 DIIoIAC A.23 SF 15.3 87 5.7 A-24 SF 28.8 138 4.8 R-25 SF 18.2 73 4.5 A-28 SF 15.5 78 5.0 A.27 SF 11.8 58 4.8 A-28 SF 11.8 82 8.8 A-30 SF 22.0 145 A-31 SF 18.5 83 A-32 SF 23.1 113 A-33 SF R-34 Sf R-35 Sf A-38 SF A-37 SF A-38 SF A-41 SF Legend PrelelT8d Trolley Alignment ~ Transll Slop (Median) ~ CommerclallMlxed Use Overtay (C-3IR-4S) ~.5 4.8 4.7 4.4 4.1 5.2 5.5 5.d 8.3 S.2 7.5 8.7 11.7 18.2 7.7 211.3 30.8 18.3 14:7 82 8.2 7.8 40 89 88 45 110 1,282 118 110 182 201 74 240 210 117 1,200 18 18 2,480 7.7 14.4 'SF 241.0 11.4 10.4 15.8 12.4 9.8 82 8.8 7.2 81.8 2.8 2.8 325.5 5.3 1.5 5.7 .8 1.0 1.0 1.3 0.8 ï7:"3 4.8 5.3 ïõT 10.0 110.2 20.5 20.3 I4i:O _MF MU _l1li T_- P-8.1 ""'" P-8.2 ""'" P.7 ""'" P-8 ""'" P.I!.I ""'" P-8.2 Part< P-10 Part< P.II Part< - P8III CPF CPF _CPF School O.S. S- Bt- .- c-:m-45 I CPF-4 CPF-5 - EB WL..n 8-2 OS IntCllc Ex! COre ~ Exhibit 1-11 Village Five Land Use Plan ---~ -.- ..._". . ... II' ,..- -.,,-- ..........-. YUIa 8 FI¥8 ToIIl 493.9 ~':"-- ---. _w _...- 1-38 r...,.. II. ,'" legend ...... Preferred Trolley Alignment .. Transit Stop (Median) ~ CommerclallMlxed Use Overlay (C-3IR-45) r£.23hr23 .~ Tr: N97-0,2./98-04 "",.,........--.",.- _~_r""_'I""'" _'I"""""""""""""""'" """.....-.., "".. EB WL....n ---0 _._~ ~~.w , .., .. ".. """,.... & ""',;",- ."",..,..." ~.:;.-:.. =-~_. -...... Village Five Land Use Summary NoIghbo- Loncl ~ 0-111"11 Torgot A... U.. Unllo DUo/AC R-23 SF 15.3 81 5.1 R-24 SF 28.9 138 4.8 R.25 SF 18.2 73 4.5 R.26 SF 15.S 1B 5.0 R-21 SF 11.8 59 4.9 R-28 SF 11.9 82 6.9 R.30 SF 22.0 148 6.6 R-31 SF 18.5 B3 4.5 R.32 SF 23.1 113 4.9 R-J3 SF 11.1 55 4.1 R-~ Sf 9.0 40 H R-35 Sf 9.8 40 (1 R-36 SF 13.3 69 5.2 R-31 SF 11.9 66 55 R.38 SF 1.1 45 5.d R-41 SF 14,4 90 6.3 Subtotal SF 241.0 1.282 5.2 MF 11.4 86 1.5 MF 10.4 90 8.1 MF 15.6 182 11.7 MF 12.4 198 16.0 MF 9.6 74 7.1 MF 8.2 240 29.3 MF 6.8 200 29.4 MF 1.2 117 18.3 SubIotoIUF 81.6.-1,181--14:5 MU 3.8 72 18.9 8ubto1o1 MY 3.8 72 18.9 ToI8l R..oœntlol 326.3 2,521 7.7 P-6.1 Port< 5.3 P.6.2 Port< 15 P-7 Port< 5.7 C-3IR-45 CPf-4 CPF-5 S-2 OS IntCIn: E,"CIn: R-22 R.29 R.39 R.4Q R-42 R.43 R-44 R-46 p.9.1 P.9.2 P.10 P-l1 Port< 1.0 Polk 1.0 Polk 1.3 Part< 0.6 Subtotal Part< 16.4- CPf 4.8 cpr 5.3 Subtotal CPr Tõ:1- School 10.0 O.S. 90.2 51"'0' 2tJ.5 .".., 2tJ,3 6ublo181 141.0- Exhibill-11 Village Five land Use Plan Village Five Toll' 493.9 1-.38 Ju~ 23. 2001 -......- Legend - .... - .1.,.,.",.",.1' ....... )00000 .... 0 * * + ---. -.- ...-.~ .. ~ .:::::", ---. -... ~ &-Uno P- A_I- Contdo< IH..ano prtmo - I Rand1111omO Stroot 4-UnO MI or - ConI wi Portdng - Ently & COIO Sir'" .... T..n" W- Ently S- - Stroot (ConI Arel) P- 81- (R..-I A..o) SecondoI'( v..go Entl'( Slrool P_rodT_AlIgnmonl ,,_--I T....., S1oø SRI25CommunityEntl'( Ranch Comof "0"0' """"'" Cc>mmunlly Entl'( VIIogo Entl'( \. \, \ ,..., \ ",.."". \..."'.. -. ~ð$. EÐ ~ V\fUïé$ . "" IIJI1 ,..- ".,... .. '-- !boo '" ........-. Exhibit 1-14 Circulation Plan I-56 '-""."" t u .,1 .." ~j !EB ~~I, .., c ~ is - CD ... N ;¡¡: ~ ,e c ~ 1i 0 ~ w~ CD '5 e u l~ "_00_..-" \. " \ \ ".':' "....... ..",. I . I ! . I' J I ¡ î ¡ i : Ii i oC¡üi~ ~ ~ :::: îiÏi ~a:fi ~~~ II ~~Iiiii fif~ I~i~fi Ili~¡!.§~~~ ¡!~&¡~~~ i!~~if ¡i::~i~!!ot.. ..!ffi!.i~ 'C . I . I 0 Iii Ii 1$:: 1 ¡! ~.o**+ œ 1:::1:10 .3 I ~::I!:~ !¡ i '1' != t,j hi reHI .¡JJ ~ (::Jfl ~ i ..::::;::: ~~!. ~ "-../ ~ I ¡¡ ti ..! t g. c ~ t - ca ,- ~ ~ - ¡ w- ~ J :1 I Ii i . ~ ~ ~ j~ iI- i ~~ . ~ ~ ~ ~ ~A Ë- ~ i II I IJ. 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" ¡ ....' 2,d . , ~ ¡ j liP H ~.n ~, ~ u > I" - n & I I a III I I ' =1! .... I I ~:õ .~ i Ii = l' ,¡ 'I) .~ [' 1<1 r. II t ," ' . d~ .h í e~ ... '" ;.0- .s t :a C\ c ~ CD :fie¡: :2 ... )( CI) w ~ III en ~ I~ g ~ ~ ~~ " "- ~'::ij ~~i " , -;;:¡ ~n H .n ~ ~ ¡Iii ~ !1' d! " ;;" > 'C c. ;:¡ Æ ~¡: c . - ':g III II I :: ~ ....~ I I ,H I I I~§ .~ i 11 " J ' ! "[l 1.1 r. !!~ 11e .~,'~ I~æ H ì ~, Ë-- 2 "-.,/ J ~: J. . < I f' : It M C CO? ca :;ã: ,g III ';¡CI w ca c 1!! c ;; i ..:. ; I l~ ¡;l ~\ // .., 8,,= ~~ :;: - c u 1 ~ ~ 1 ~ ~ C U ï: ¡¡ ~-~. ~ 'C!! ð'.. w C "' III CI III ...I --. I' 'II 1'- JH i! ~ , ~ Pi H t, . :!} r.IH " ~ :-- ~ '"-,,, J ~:L . ~} :H ~ 1_,0 ~ ~ ~ ~ ~ ~! ~ " 2 u 8 ~ ð ul~ ~ ê i ¡¡ ~.;¡ g 'C gð~..w c "' 1~, IIItl"tf);"~"~' C) . J,J,':t ,~. III ..I ~ I! '.. 1<1 Ii! id J! } ~~ ¡, telh ---. .........- ""'-~-~ Legend Promenadø . Core Peseo Vinage Pathway Trail LInkage Regional Trails Bike Lena 1-.~~1 Pedeslrian Bridge . ... .. "'" "'--"'~,-"'- .~A......-" .~,,:",.~",.~ -.....-. ---- -... Exhibit 1-34 Parks, Recreation, Open Space & Trails Plan /.102 f_".lm ---- ........- ,.°'-- ~ Legend - Promenade. Cora ...... Promenada.Rasidenflal ,.......... Sacondary Villaga Enlly Pall<s I School Main I Plaza Slre81 ~ llghl Rail Transit Paseo Village Palhway Traillinkaga Regional Tre;ls Bike lane 1-_c~1 Pedeslrian Bridge Vil/agr Five Tro" 196-04 .... 10', ".. "'__~r_I_"'- '"A....- ..~ ,,~-:.~:~ ,----. c........-"" -... Exhibill-34 Parks, Recreation, Open Space & Trails Plan /.102 -..- March 30, 2001 Otay Ranch Sectional Planning Area One PART I PUBLIC FACILITIES The SPA One population generates a demand for *"+" acres of Community Purpose Faciliry. as follows. 26.2 Table 1-10 Community Purpose Facility Demand Village One Village Five Village One WCSt Telegraph Canyon Estatcs" Tow POPUlATION 8,548 6,m CPF ACREAGE REQUIRED PROVIDED 11.9 6.0 2,434 -'M- 9.5 3.4 lA -i6:i- 26.2 9.5 0 17,759 15.5 The following criteria has been employed during the SPA land planning process to locate Communiry Purpose Faciliry uses within the SPA One project area. . Facilities shall be located within the village core. . Facilities shall be encouraged to share parking with adjacent public and private uscs. . Facilities and corresponding parking wirhin village cores shall be located and sized to avoid obstruction of pedestrian circulation. . Facilities and other public structures may exceed height, bulk or set back requirementS generally applicable to private uses if such deviations are necessary to enable the structure to become the focal point, .signature piece" or .point of ceremony" of a given village. . Facilities may locate in traditional commercial and retail facilities. .. The Otay Ranch GDP, and ,he PC Ordinance require thai ,hi. SPA Plan comply wi,h ,hc PC Ordinance provision of idenrifying 1.39 acres of CPF land per 1.000 resident>. However, if the CPF land is not u,ilizcd or ,he PC standard is modified, ,he amount of CPF land will bc adjusted accordingly. " Per the Otay Ranch GDP, provide within the firs< phasc in ,he Ciry of Chula Vista, Communi,y Purpose Faciliry land to satisfy the Telegraph Canyon Es..tes Specific Plan requiremen, (City of Chula Vista Resolution No. 16960). Otay RallCb - 1-125 March 30. 2001 f.O It I'" j ~:L ~ I :H It) c ~! "? CIS ::::" ~ii: f :E CI - )( C W ëii ca &: D. ãi u '" .~ .5 I- ...J ~ ~ :¡¡ 'C ~ ~ C Cl. Cl. Q) en. II Q) : .2 ..J . In j ~ ¡ ~ ---, ~ I ~I j~ ~:H It) C :! Ii "? CD .:. ':;i ;;e¡: ~ ,e en i ';¡ c W ïii CD ~ D. þ ..~ _n_n_.._.. 'iii u - '5. ~ Ë Ii: :¡¡ 'C ~ ~ C t1. t1. CD C)... CD . ,2 ..oJ : CD ; ~ n¡ I'. '5 r.. jH -H d~ r.lu Otay Ranch Sectional Planning Area One PART I PHASING SUMMARY LAND USE -'.7, ~'-:-;;---.::.;';~~c-'..:'::;,_:",,_., SF DoIocIIod SImIoIaI a - 171 270 SF__I MF- 160 1M 139 957 ,_- - 8M 310 1,227 ~ 11.1 CPF 14.6 - 10.4 P... 12.4 2.2 6.4 0.8 ,"'--:;';: ~;~';"";":¡;';,:~~;:;E~ ç~ 1.315 0 1.424 2,738 11.1 146 10.4 21.6 '..~.:c:.::cJ¿;';",' 'c:;,-,-~'=:'..:..~::"'" """""-."' SF DoIocIIod &mooI8I SF_- MF- '__5-'81 ~ CPF - Pork TOTAL IF TOTALIIF TOTAL DWELUNG UNITS 120 109 229 120 101 28 CPF - P... 236 476 119 63 182 236 SfI 301 4.7 1.3 2.5 0.6 432 114 ZI6 511 301 458 201 0 0 0 no ... ZI6 511 301 0.6 1,544 ""'. ..... 315 261 659 1.255 28 4.8 10.0 ,,' 8J3 265 1.- 4,7 4.4 1.6" 659 2,353 401 110 - - 1. 8M 171 1. 310 Z7II 157 1,227 0.6 120 108 120 101 -,.,~. ~. ->, ..'c' 225 'NT 456 no 2.8 4.8 10.0 6.2 6.7 ";,";""""!'""*-Oi7,¡,,,,,.:':.ii"~",~':""-"" 90 74 201 ... _I SF_- MFsw-J VI 5__Su_1 Conwn8""'" CPF - P... -';1';:) SF DeI8cI18d _I SF A- SubIoI8I MF SIal_' VI 5 bot - $ubIOÞI1 eo""""""", TOTAL IF TOTALIIF TOTAL DWELLING UNITS ora)' BaRCb 1-147 Fobnwy 16. ,... Otay Ranch Sectional Planning Area One PART I PHASING SUMMARY LAND USE - .' .2(-.""-' ~-:. '~", -,,-. ~,:"Y? "" "..- .. SF DoIacIIod Slbtotal .os <66 171 Z7O 1.315 SF A- Subtotal 0 MF Sub_' 160 168 139 9S7 1424 VH- 1 - S4*0tal ... ... 310 1,227 2,731 Commert:io, 11.1 111 CPF 146 146 School 104 104 Po'" 12.4 2.2 64 0.8 21.8 ,1!'i .-, .. '. ."e>~'.. :;;;:,;;.;. ~; 7"~¡'" """.~7. ~:- ,.,-<."'~, .'."~. ...." SF Dotochod Sublotal 120 109 229 SF A- Subtotal MF Sub_I VII_'Eoot _5-- ,.. lOll 229 Commerool CPF School Po'" 0.8 0.8 TOTAL SF - ... 171 270 ,.. 1011 1."" TOTAL IIF 110 18 1311 157 - 1.02. TOTAL DWEUJNG UNns ... ... 310 1,227 ,.. 1011 2,- .. 5.~ ~}1 ';" ~ "",:"" .F-;:."",:-, - - SF Dotochod SubtOla' 225 90 315 SF AtI8ched Sublotal 207 74 28t MF SuÞlotal .99 201 700 VII,..o . W.., Roo Subtotal 931 38. 1.2" Comme""ol inMU inMU CPF 4.8 48 SchOO< 10.0 to 0 Pa'" '.3 6.7 12.0 IÍIÍ.ÏAGEJIIVÉ'~.~';'::. " '" ,. .. '~-"' " , ., SF Detached Subtotal 236 478 119 833 SF Alt.ached Subtotal 83 182 265 MF SublolO' Village 5 E.., R.. Subtotal 236 561 301 1.098 Comme",ial CPF 47 _. Schoo' Pa'" 13 2.5 0.6 4.4 TOTAL SF CO2 164 ... 561 301 1.694 TOTAL IIF .99 .., 0 0 0 ..0 TOTAL DWELLING UNITS 931 38. ... 561 301 2,39. Ofa)' Ranch )-147 Man:h 30. 2001 .. , , ".,.... Otay Ranch Sed.anal Planning Area One PHASING SUMMARY PART I \ I 1 \ PHASE 1 I 1 VIII8a8 1 .. VIIIEN1I 5 W 1 VUI8a8 5 T VII"... 1W 1\ Toml I I LAND USE I BlUe _1.......1 Pur IIoI\- I_I - v-I Rod 1.- Gold \DU8IAC. I \- \ 'I .- .-"'" """,",-.,.. SF DoI8cIIod - 036 \ &15 -Ono_-- I - .. M5 - \'1"- 10.2 10.2 Pori< I "-~~ 5.1 \ 5.1 ('"' ":.~ .,....,' '.."",,' '. . -" .....' '<'3..;,. --,j¡o. :'r-'~"'- .:.:,. c, SF DoIocMcI T - .œ .066 171 270 345 1l1li Z!6 478 119 - 036 \3.537 SF_T- 2UT 74 83 182 \546 MFT- 160 168 139 957 458 201 :1.083 T_-Unfts ... - 310 1.227 1,G10 \ 474 :131 581 301 - .. tI~" Cornmeal 0 0 0 11.1 2.8 \ 0 0 0 0 0 0 "'.9 CPF 0.0 0.0 0.0 14.6 4.8 10.0 0.0 4.7 0.0 0.0 0.0 2¿' - 10.4 0 0 0 10 \0 0 0 0 0 10.2 30. Pa'" 12.4 2.2 6.4 0.8 7.0 6 1.3 2.5 0.6 0 5.1 45. 00Iy RlllfCb 1-148 --. '6. '999 Otay Ranch Sectional Planning Area One PHASING SUMMARY PART. LAND USE '" ..'" ""--.~,'. SF DetacIIod I I - 436 ø.5 1_0lIo__- I I - .. M5 - I I 10.2 10.2 PI'" I I 5.1 5.1 """ -;c-. or-. .......' .." .. ---..- _.. '.,,:;;:;; ,~~ .,..,~,.- '," SF~T- 408 466 171 270 345 199 2a6 478 119 - 436 3.537 SF_T- 207 74 83 182 548 MFT- 160 168 139 9S7 .99 201 2,12. T- - UnII8 - 1M 310 1.207 1051 ~. 2M 581 301 - .. 6207 ~ 0 0 0 11.1 inMU 0 0 0 0 0 0 11.1 +MU CPF 0.0 0.0 0.0 14.6 4.8 0.0 0.0 4.7 0.0 0.0 0.0 24,1 - 10.4 0 0 0 10 0 0 0 0 0 10.2 30.6 P.'" 12.4 2.2 6.. 0.8 6.1 6.7 1.3 2.5 0.6 0 5.1 4-4.1 CJrøy RllrlCb 1-148 r.. ,16. ,... March 30. 2001 Planned Co7n7nun;ty Distrkt RegulAtions PART III GENERAL PROVISIONS C. Residential Dwelling Units and Density Summary The number of dwelling units shall be :IS shown on the SPA One Land Use: Plan and in the Land Use Summary. A maximum of 2,878 dwelling units are permitted in Village One and a maximum of 2,35J.J-wcll~ units are permitted in Village Five. Vùlage One West contains 890 dwelling units. 2,521 D. Density Redistribution In order to promote density flexibility and residential diversity, the transfer of dwelling units from one Residenrial Neighborhood Area to another Residential Neighborhood Area as defined by the SPA One Land Use Plan may be approved as part of this SPA approval or subsequent Tentative Map approval. Future density transfers must maintain consistent character with this SPA One Land Use Plan and mcct the following criteria: . The planned identity of the village must be preserved, including the creation of a pedestrian friendly and transit oriented environment. . The coral number of unitS allocated for each village is nor exceeded (except as provided in the Oay Ranch General Developmenr Plan). . All such transfers are permitted subject ro the approval of the Zoning Administrator. An increase: in the number of dwdling units in one RcsiQ.enrial Neighborhood Ju:C2 must be accompanied by a corrcsponding..åecrease in dwellings within another area. If the application docs not cause a zone change ro be required it may be administratively approved by the Zoning Administraror. The applicant for any such density transfer shall provide a revised SPA One Land Use Plan which accurately reflects the approved revisions. All Tentative maps shall be consisrcnr with the SPA Plan. 1.2. Private Agreements The provisions of this Ordinance arc: nor imended to abrogate any easements, covenantS, or other existing agreementS which are more restrictive than rhe provisions contained within this Ordinance. or." ItIøc:b m-:l - ,'" ,... July 23. 2001 Legend Single Fom.., 111100 S;ngoo F- Four Ros;œnhaIMuIh.FamiIyOno Village f'j"" 7'.." .96.04 ViII~~fllt. T,." In",. Exhibit 1-37 Zoning District Map 1/1-7 "-""."" Legend SF3 SF4 RMI RM2 CPF C OSIP1 BC IJ -- (~) OSIPI Single Fom" n.... S- Fom" Four "..donlia' Multi.Famlly One "..donhe' MulHaml1y Two Communrty Pu"",," Facl'rty Commen:la' [)pan 5_.'" Business Cente' OSIPI ~. Tract 197.021'18.04 ,(,\\OSIPI \< Propnly (Ju,"",hip /Ioundll'!l Exhibill-37 Zoning District Map /1/-7 March 30. 200'-""- Attachment "B" Village Design Plan Amendment Pages Otay Ranch SP A I Village Five - Mixed Use Core Amendment (Parcels R-45/C-2/P-8) March 30, 2001 Updated July 23, 2001 Project Sponsor: McMillin Otay Ranch, LLC 2727 Hoover Avenue National City, CA 91950 Contact Person: Bob Pletcher Tel: (619) 336-3672 FAX: (619)336-3112 Prepared by: Cinti Land Planning 2932 Poinsettia Drive San Diego, CA 92106 Contact Person: Gary P. Cinti Tel: (619) 223-7408 FAX: (619) 223-5108 email: gcinti@pacbell.net PART ONE VILLAGE DESIGN PLAN FRAMEWORK ..~ :~~ ì .:1 § J . ~ i¡ - : < !l : ~ '.: . l.-'~. ., ~ ~ , .... .... . . . ,. I . ~ .' ..' j ¡;. 1. ¡ i <1. -.- . I . . . } ~~. . . ¡Gi,l'. t \.J ~ . ~. ~~ .~. It . i=~IC)I~~? ----- Olay RDnch ~1-33 tJo....ober 9.1995 July 23. 2001 Village Design Plan 011 ~ i I ~ ~ .... ~ ~~ "c ~ i~ ~ ~ < ~ ~ u æ .( :œ ë = :g ~ c: ~ ,¡¡ Ë :> ~ ] § In < g ~ 0 U ;; .;;~ ! !t1. ¡¡; ¡¡;~ g~ gE HH <ê8 <ê~ ~ ~ ~ õi;, o~ :2 .~ ~~ .¡¡~ ~~ ;i 0'" H ~s ~ ~: a: Otn ii:w wCL. 1-< Z() -In WI- C1w <w -1£1: ::!I- >tn ~ ¡¡; ~ ¡: w .. ~ ;;: ~ ¡¡; .. Š t1. & ~ :> ~ ¡¡; .. ." ~ ~ ë: ;; ! ¡¡; .. ." .. æ S Ii: 'tI c: QI 0) .. -I ~~~~OO~[ltj[J :t :':'" z'" <c; "'< ,.~ <~ ~;; 0 ~~.'" "J .m ~ .. .,; " r;: ~ 0. e 01 .. .. c .. 01 .. = > G D, n~, > \2::J ".!! ~ r c - . L - . :: 2; ¡;: - > . c g N :I: 0 z « a: ~ I-' 0 a:t/) Ww I-z We ::æN æw wll. 11.« w(,) Clt/) <c ..Jz ~:5 ~ '" ,1' >- ~ ~ ~ ~ ~ j ~~~:1~ ~J~Jj-;,§ ~c~&~~ 'ii i !! ,1! ~ 8 J~~i~ta~ ~ w ; . . 0 '" N '" :;¡ . co . ; ~ < .. : E ~~ ë~ : " ~ .,: . ;¿ >- I- § W C iiij >- 4( ~ a: !z w ~ ;¡¡ >. < ê 5 u >. c ~ m m « ! ~ f7 '" ¡ 0 >- . rn to"oCl) ! ~ I!J;~ ~ ~: ~ i = ; CL ... > . ~ ;¡¡ m '" . > ~ .. " c 0 ~ (I ~ ~ ~ 0 u = g æ c co - . . Q . co . > Ii ! d "' :: ".. Zw <c 0:", ..-' ",-' ..;; 0 ~ 5 0 \! !i ~ 0 >- 1= :z w C ¡¡; >- « ~ a: !ž w I rJ ¡ \ C N co ..; . N . ,., Q ~ . co . > ~ ~ ~ ~ ~ ,.. ;¡¡ - ¡ i~~&~¡ ~ ~ . .!!! '" ~ ~~~5.5~ uu5~~8 ~i~1?~~ ~~.~§~~ '" < "- '" ~ a: 1~~l>J~~EJ ~ ; . õ g I d ~ :z: ;;.. z'" "c 0:< ..-' <-' ..; 0 <> \ ~ 0 m < ð :: .(, :i i :¡¡ :: a: ~ ë w i 5 ~ f § U) < ~ ~ i ~ ~ 8 õ" ,. ~j :: I~:¡ U) iñc: lj'2 .< :¡-! '6 is. ~~ ë'iii "i U fi I: .!8 .!~ èë :~ ; ~I . ! > . a: Om ä:w wQ. 1-< 20 -II) WI- OW <w -'a: =1- >11) I iñ m . ìñ ~ i s Q: ~ c .. DO .. -' ~~[IDm[J :z: ".. Z.. <c c:< ..-' <-' ..;: 0 Ii . . ~ c Õ ~H~ 15.i'~ c . ¡;: cñ II C :0 ..., c: .. .. .. 0 . .. .. = ; a: Om ã:w wQ. 1-« %(,) -m wI- Ow «w ..Ja: =1- >m 'i I! ¡¡; ~ 'E w & ~ > ., < co ~ .: (,,) Hi; ~~ ~ 0 g, ~ (,,).. .. ~õ í ~~ £ :: .( :;; i ~ ~ ~ 'E w i Š ~ ~ § II> II . ¡;: ~ ~ ~ ~ 8 õ Co ,., ~¡ : ~~;i ~< ~~ U 'ËC =1õ ji.c d i~ .g~! .. ~.,A. ., a:(,,) a:ii <e .. co .. ~ ¡¡; ~ i ~ A. '0 c .. DI .. ..J ~~~[jJ~rID~D i . ~ õ :z: ¡;C z.. Cc:; "'c .." c" ..; 0 1: :¡¡~ ~! ~ 1 . c 0 co ¡;¡ .. <"i .. N Q ,., .. ~ .. .. > PART THREE Vdlage Five Design Plan VILLAGE INTERIOR STREETSCAPES - VILLAGE FIVE . Village Plaza Street Description: The Village Plaza Street is pedestrian oriented space with a high 1cvc1 of activity at the street level, including outdoor scañng, window shopping and strolling. Parking is prohibited on Village Plaza Streets immediately adjacent to the Town Square. Diagonal parking is provided across 1ÌOm the Village Square for case of access. To provide a pedestrian scale and bdp nullify the prcsenœ of the automobile, canopy and accent ficcs will be planted along the street within planters.. Palette: T : Primary canopy trees choices: Pyrus calleryana (Bradford P and Tpuana tipu. (T'IpU Tree). Accen tree choices: ~ o¡q. ~Alt- s~. 5et:;.íTCN -þ' 8' . . . . . ..' f'A"<:T¡4t-- FWtN V I~ . Village Five Design Plan PART THREE ~ VILLAGE INTERIOR STREETSCAPES - VILLAGE fIVE . Village Core Street with Diagonal Parlång Description: The village Core SIIttt with Diagonal Pailing ìs a special section of the Village Core street that provides ctiagoaal pukiDg in ftont of the eomm::rcJallmixed use area of the village core. This street provides pedestrian oriented space with a high level of activity at the street level, iDc:luding 0UId00r eating. window shopping aDd strolling. Diagonal pukiDg is utilized for ease of automobile acœ5S; To provide: a pedestrian scale aDd help neutralize the pn:seDCe of the aummobile, caoopy aDd accent trees an: utilized Plant Palette Trees: Mexican Fan Palms (Wasbintonia robusta) at parking islands. Primary canopy tree eboices: Aristocrat Pear (Fyru:s calleryt11lQ "aristocraJ"), Tipu Tree (Tipuana tipu){miniImm18'). Ota)' Ranch 111-39 July 23. 2001 ;¡ - ~. :~ '" ;¡ 0 ,j ~ ,3': ,: õ:'" N :::3; ~ c . ~ ;: c - ~ 0 - > " ~ ~¡ æ~ §~ g,~ g>~ ,g-g "'ãõ :>c.. 0 ~ - a: .ct Z'"' 0:;) ...(:) ~.ffi -"w ;:;~ "'z 50 uz ~ ~ ~ - c U1 g .: ~ § ë ë: ;; " n or:: ¡:: ~ 'C " '" C11 '" ..J [U° I' . ., i, / :.',1'7: ° . ,1/ II f I ° l.L lLJLL.J '-. "'~'~~'--... ~ S ~~;~ - ~ T 1 ~ ~: õõ' H H š£ H ai ~ ~ C IT . 0 . IT . r~«'"" ~ r ;¡¡¡ c 0 0'. N . g . íj C .. =< !:t .< Z..J ø:;) -U 1-- <:I: ..JLIJ 'D :;)~ C Uz .. !:to en Üz ~ 0 ,. "". 1; ð g ., ~ it ~ "" ~ 5 ~ Õ ., -. ê ~ c>- 00.. ::i' <DE ~. ~ () i !~ - ~ ~ ~.~ ~C ~ 1;,:: ~"" > õK ¡¡¡¡;;¡¡...~¥ .~;; ~~g¡¡"1i il U:i ~ I n ~ ~ n h ;] llJ~0Ø ~~~ G~~rn Ii . 0'. . > PART THREE Village Five Design Plan CIRCULATION - NON- VEIDCULAR - VILLAGE FIVE . Village Plam Streets Description: Village Plaza Streets to promote the UIban village theme with on-street diagonal parking and pedestrian oriented store front businesses.. Village Five bas an UIban core with a commercial component of restaurants and shops. The Village Plaza Street focuses the UIban pedestrian atmosphere, as well as the adjacent Village Square. Broad pedestrian wa1ks are 'I x:atcd adjacent to diagonal on-street parking on the store front Side of the street. Carts, bicycles and automobiles travel within the same lanes on e Plaza Streets. Þ/lrb. P~N'b. s,-,e -eer 1I~7 _3.1995 PART THREE Village Five Design Plan ~ CIRCULATION - NON-VEHICULAR - VILLAGE FIVE . Village Core Strect with Diagonal Parking Description: Village Core Streets with Diagonal Parking promote the urban village theme with on-street angled parking and pedestrian oriented store front businesses. Village Five has an urban core with a commercial com- ponent of restaurants and shops. The Village Five street with diagonal park- ing focuses on the urban pedestrian atmosphere, as well as the adjacent village shops. Broad pedestrian walks are located adjacent to angled on- street parking on the store front side of the street. Carts, bicycles and auto- mobiles travel in font of the village core in a Main Street concept. ~ Plitt? PMNl'lb. w-4vÞNGr $TT<.{}UANG :t 1.-{} , .5¡7e~ 111-47 July 23. 2001 118 _a a. 188[ (f) :.: a: <1: 0. W c¡ <1: ...J ...J :; ~ ¡¡; ø Õ U ø '" .!! ;; ~ :g, ~ i! ! ~ c .Ii n. ø ~ "!'.",& ~~ :g,~i!i! 1<1<.!!~~~ E/S/S~Q.cc ~5ð~.~Ë~ 0.c.cQ.¡;;~~ n.~~~~n WlØ~O~Q.Q. ~ZZUQ.O- -",....",..-- :ti.ti.ti.ti.ti.ti. 1 1: ;1' I > ~. - c 8 '" N WI ,,; ø N 0 ~ ø ..., '" c J~~ Ii 5 z ".. Zw "'c 0:", ,.~ "'~ ..; 0 > PART THREE Vdlage Five Design Plan ~':.'i.:";:"".:"":: ~:.-.:." '.- .. ." "'.:>.P-6 ':: .~':':¡~A/' VILLAGE PARKS - VILLAGE FIVE . Neighborhood Park P-6 Description: This park is designed to be an active recreation park with potential for adjacent community pwpose facilities. The park site has a link to the village square and will have ,landscape characteristics that complement the urban core. The local promenade strcctscapc character will be maintained at the park perimeter with linkages to the pasco. The school site, although separated from the park by the Pasco, will have the outdoor turf areas for practice and other spons during non- school activity. - CFr '71'!7P III-54 /14.....1... 3. 1995 July 23, 2001 PART THREE Village Five Design Plan VILLAGE PARKS - VILLAGE FIVE . Village Square P-8 Description: The Village Five Core area park is designated a town square in the Otay Ranch Parks, Recreation, Open Space and Trails Ian. The town square concept is emphasized by locating retail and ercial functions at the edges. The village core identity and are based on a traditional town square character with village- servo retail around a village green. A transit station is proposed adjacen to the town square. Introduction offormal tree planting and pedestri walks will reinforce the urban town square concept. ~~~. /'ASðiiJ ~ "(T)j{e:rWf - ~'17'OOC>S ~ III-56 November 3.1995 PART THREE Village Five Design Plan rç.. ~ Village Five Core - Village Main Street Description: The Village Five Core area is a designated main street in the Otay Ranch Parks, Recreation, Open Space and Trails Plan. This concept is emphasized by locating retail and commercial functions along the Village Core Street edge. One or more Plazas are envisioned along this edge in order to create linear features that invite passersby to interact with each other and use the available commercial facilities. Above the commercial facilities are multi- family residential units. Additional multi-family uses are provided along the residential promenade street to the west. A transit station is planned immediately in front of the commercial facilities in the street median. A bus stop will be located about one block to the east of the commercial facilities. A Paseo link from Park P-6 will enter the Village Five Core and proceed to Park P- 7 to the south. .' - . Commercial along ground floor ",.:06 fla ...Ur 8.1985 July 23. 2001 ~ ~ ~ 0 ~ ~ is. ~s ~ ~' ~ .. .. ~ '" n! ~ ~ '" ; u ~ Lli -g::: ~ ;~ ~ ;;~ ~E ;; ~~ ~ U1 :~ š ~ ;-;;;- ~! ,,< .!'f ~~ ~.! lr " :~ tn ...J ...J c:( ;: c z c:( VI W () Z W u. cñ '" e ::J ..., ~ ê :. ;; ~ Ii ~ ~ 0 H~~ hH ;~!o~ 'E:!~:~ !:.z~ ~~ ~~=~§ ~~;:~ ~~ r~~ ~ !H'!: > ." ~ .. ]1 5õõ M .. Q " '" .. 't:I c: I> 01 I> ...J W wEJ~0J :z: ;';'" , 1) ~ c = ~: ~ :~ ~ jif ~ ~~ ~ f" .. 'I:~ 1i ~~ š ~ r!¡' :; ~: ~ ¡ . ~ 8 N ..; N ... :; ..., en ..J ..J c:( :: c z c:( en w u z w ... ;0- ~ ;; - " ~ ;¡; c 0 -¡;; ~ ~ g 0 H~~ hH :-5i!0" 'E-~:~ !:.i~ ~~ ~~=~§ ;:(!i;= ~ ..ë ..~ ~-8 ~H !£~~ ~a 1) ;;¡; ~~ ..~ ,!!~ ~~ ~. !!-r ~ii5 ~~ ~ ê ~ ~ ë w j ;; ~ ~ .. ;: 't C II 01 II ..J i ~ B0 [] wEJDJ~ " ; æ; ;;;; :z: ".. . . Q . .. .. :; .~ w U z a u " z ¡: :¡: " ::; m H."ê ';~~ š~ ~ E ~;;; <~.c 8~i ~ ¥ if> - " ;¡ " " ~ ;;; d! ]. ~ ., ;¡ 0' 8 ~ if> z'" ~~ """ "'= .. . 0 § I a> ~ ~ ~ '" . - > f- a. UJ U Z 0 U C.:I z i= :t: C.:I :J ~ ,",fi. h "'~ ~ c g<'O ~'6. O>~ 00> !~ ~ 0 '0 g~ J~! U! Hi i ;; ",0 '" c E !~~ ~ ~- 0> ~ .~~ ~ ~ E ê,.~ " ðH ~ """ .¿;; Q;.,; Æ.r <n'2 ~ ~t'J iñ u- ~ ~~ Q- .b£ '" ~ 0" ~ is wa. i3~ ~~ b ~~ ~~ q :~ ~~ :;¡¡~ H ~ß ~~ ~i3 w<n > C"' ;c~1 ~Ï> 11 ~ L 0. 'C e: '" '" '" ...J " " < " Q Õ U , ë .§ ~ a: 0 .. 8 N ::i ,., ~ . '0 ~ ~ 0 è: ~ ~ ~ E 0 è: c ~ ;:, . 0> . '" . w ~ t!å EJt]~ ~ ~ \I~ 0 0 > : z'" "'.. :;:~ )- ~ ~; 0 PART THREE Village Five Design Plan LIGHTING CONCEPT - VILLAGE FIVE . Village Core Streets 'Þ ~ 1II.æ November 3.1995 Description: Village Core Streets provide two travel 1ancs in both directions with c:mcrgcncy parking. The Village Core Strec includes the LRT right-of-way, ¡malIclcd on one side by a pc:dcstrian and bike path. This corridor is separated finm e roadway by a ¡'.rvI~ parlcway. Lighting originates fro the edges of the LRT median, illllminaril\g toward the 0 edges. Village Core Street liglúing has single cross ann mom fixtures unique to Village Core Streets.. Pedestrian walks are uminarcd with lower lighting scaled and spaced to effectively li pedestrian circulation Pole: Fixture Type: metal, 1 2' taIL glare control for both Style" with cut-off Iigbts. Theme fixture for pedcstri.an!cart path. Sodium (sttect), MCICIIl)' Halide (pedestrian). Lamp Type: ,~ -"'.\ / ~: -, "j..2l ) I; -" .j ,....-..., - '- r ..... , "- --,/ WA~ WGlt-r -, >-- ::. :~ ?~/fIV 5QN..5 1 ...... I - ,-~ - - \ - - r-z,' . \ \ ~~- MC::P/rtN . ~~/J PART THREE Vdlage Five Design Plan LIGHTING CONCEPT - VILLAGE FIVE . Village Core Streets ~~ "." Description: Village Core Streets provide tWo travel lanes in both directions with emergency parking. The Village Core Street includes the LRT right-of-way, paralleled on one side by a cart. pedestrian and bike path. This corridor is scparaœd fiom the roadway by a landscaped parkway. LigbJing originates from the edges of the LRT median, illuminating toward the outer edges. Village Core Street lighting bas single cross arm mounted fixtures unique to Village Core Streets. Pedestrian walks are illuminated with lower lighting scaled and spaced to effectively light pedestrian circulation Village Core Fixture on 12' post Post Color: "Basalt" ." n 1II,æ 11.........,3. 1895 July 23. 2001 PART THREE Village Five Design Plan . LIGHTING CONCEPT - VILLAGE FIVE . ViI1age Plaza Street Description: Village PIa23 StrecIS are c:haracterizcd b two lane roads adjacent to pedestrian oriented commercial devcl on one side and a Village Square on the other side. Diagonal t parlång is located along Village PIa23 Streets adjacent to the co . area. Parking is prohibited adjacent to the Village Square. ¡gbt standards have a pedestrian scale and spacing to reinfon:e an do~town character. Fixture Type: Pole: Painted meIal, 20' taIl, theme cbaractcr. Possible use of visible light source, light. in lieu of cut-off type. Lamp Type: Melal Halide. 111-69 _3.1995 PART THREE. Village Five Design Plall ~ CONCEPTUAL TO\VN SQUARE PLAN ~ø ~ø <:)O ~ ¡):,;, ,'Ion,:, '" aç June 9.1998 I ~~~' "" PART THREE. Village Five DesiglZ PfalZ CONCEPTUAL TOWN SQUARE PLAN .. I I I I I I I I I Uhll IlulI,:, 111.80 j",., 9. 1999 March 30. 2001 PART THREE Village Five Design Plan ç: ~ ~::~;; ~~ :::~:: ~€ ~ ~ - 0f'JIfi! ~ iI"P' ¡;, ".- -,..,...-r. -~!L~ 7IY'1/'1:IP-- ~ I/f'IJØ rCf'll" tNlf"-- T1I8/'f. . Olay Ranch 111-74 11\.._,01>..,3. 11'5 July 23. 2001 111-3. Village Core Concept A. Character & Intensity The Village Core is the commc:rciaIIsocial activity focal point for Otay Ranch Village Five. The Village Core is comprised of a variety of land uses and development intensities located close to one another. Certain parcels have the oppornmity for multiple and/or mixed-use developmcm. By providing the appropriate mix of uses and sufficient development intensity, the Village Core is a "transit node," encouraging the use of public ttansit and non-vehicular transportarlon modes by concentrating a number of "destinalions" in a single location. As the commercial and social activity center for the village, the Core is a major factor in the perceived community image. Because of its impoI1aDce to the oveœ1l design chæacter of the community and the activity focus within a precIominatày residential community, the fullowing objectives are identified for the Village Core area: Create a sense: of place with a highly identifiable character. . Create a pedesÙian friendly environment with activity, enclosure, and comfort in specific areas. . Maximize connections to the Village Core &om secondary area residential development with pedestrian and bicycle routes. "Main Street" Implement a "TðWII Square"¡Jlløm concept for.the commercial district. Balance parking and vehicle access needs of commercial uses with the pedestrian focus within the Village Core. . Encowage a wúfied architectural style within the commercial core which can accommodate pedestrian "'Z >:5 c:~ Lù¡- C,J¡;:; <..J ...J< ...J:: >j z :::> u ~ Õ u 0:. ~I <, ~I c.:~ ~"I ~ ! w. wi ~' ¡:: ~i :;: c.. PART THREE Village Five Design Plan oriented urban design concepts and which is consistent with the community character. ~~ ~ ~~~~ ~~,~¡'Q/ f?'qh'7156,~~k ~ ~ ~~¡:fï~ ~ tk u/", IPÌII ,,¡~ ;- .!5rJr~ II'i(rv ~. In order to achieve these objectives, various design districts ~ which group sites according to their relationship to the . commercial core area and their function within the Village ' Core concept will be utilized. ~ ~IJS Although many design details will be the product of future detailed design studies and precise plans, the basic framework for the Village Core has been delineated. The Village Core Concept Plan described in this chapter includes a Conceptual Village Plan which describes the important functional relationships/elements within the village core and connections to the secondary area. The Conceptual Core Master Plan addresses the arrangement and connection of uses in the Village Core and depicts building siting throughout the village core. A detailed Site Plan of the "Main Street"Town 5'1'"""" commercial area focuses on the critical .design issues at the heart of the village core. An architectural style is also conceptualized for the core area, as illustrated in the Conceptual Building Elevations. The village structure landscape and hardscape palettes have also been established, creating the context within which the building design on each site must be fonnulated. The wùque character intended within the Village Core precludes the use of fixed or mandated design solutions. Instead, the various elements of the Village Core Concept Plan, general character statements and identification of important design/site planning features are utilized to convey a qualitative description of site design solutions in the Village Core and its critical component parts. 1. Village Core Concept Plan "Main Street" The Village Core Concept Plan, including thtonceptual Village Plan, Core Master Plan, and "Tun" 5q . Plan are depicted in the following exhibits. In order to allow the Village Core to function as described in the Otay Ranch 010)' Rallch 111.75 July 23. 2001 November 3, 1995 PART THREE Village Five Design Plan GDP and SPA One Plan, and pennit development in response to changing market conditions, the need for adaptability with regard to the Concept Plan is recognized as essential. The Concept Plan conceptually describes the intended intensity, location and character of development. It also accommodates flexibility in the progression to final design and should not be viewed as the only acceptable core design. A Master Precise Plan and/or subsequent individual precise plans will be prepared to analyze the detailed specifications for signage, lighting, street furnishings and architecture. Conceptual building elevations will be provided at the precise plan stage. The Conceptual Site Plan must include the following elements: . "Main Street" Implement the pedestrian-oriented "T-e.m Sljlllll'e" commercial district concept - generally orient storefronts to sidewalk on fi'ontage street and locate parking behind buildings Ola)' Ranch 111.76 I~_._",b., 3. 1995 July 23. 2001 .<: ~~, ,~ "-.." ::<>v ~ u ,~'~ 'j ~~~ '/;/' ~~'" I O~õ { // I ' 0 ( \ ' 1\ ill Attachment "C" Parks, Recreation, Open Space and Trails Master Plan Amendment Pages Otay Ranch SPA I Village Five - Mixed Use Core Amendment (Parcels R-45/C-2/P-8) July 23, 2001 Project Sponsor: McMillin Otay Ranch, LLC 2727 Hoover Avenue National City, CA 91950 Contact Person: Bob Pletcher Tel: (619) 336-3672 FAX: (619)336-3112 Prepared by: Cinti Land Planning 2932 Poinsettia Drive San Diego, CA 92106 Contact Person: Gary P. Cinti Tel: (619) 223-7408 FAX: (619) 223-5108 email: gcinti@pacbell.net \f:: ¡¡to ~~ õ> 5 ¡; ... .: ~ ~ ~ 1 ~ ~ . A- 1/1 e t 0 c oS ~ ~ ~ IC ~ :. ,~ ~I~ n d~ q 0 .. "I .. z u .. ¡ ~ I!: .. ~~~šä; !I u¡.. § ~ c~~:.!:¡;3 ~n~ÎII ~::: ~" ~~ õ> §::; I ~~ I ~~ 0 0 s§ E2 ~ 5 ¡: ... -= ~~ ~ 1 ~ ~ "- III C ~ "- 0 c ~ :.: ~ ~ ~ II: ~ ;:, . ji Villag Five - Village Square (P-8) 0.9 cres Vertical Focal Point PlazafTown Square Commercial Building Landmark Building Town Square/Regional Trail Linkage Transit Stop Exhibit 14 Parks, Recreation, Open Space and Trails Master Plan SPA ONE OTAY RANCH EASTl..AKE EASTtAKE LA MEDIA RD. P ential Community Garden Locations - Village Five exhibit 23 Parks, Recreation, Open Space and Trails Master Plan SPA ONE OTAY RANCH EASTtAKE EASTtAKE lA MEDIA RD. Potential Community Garden Locations - Village Five Exhibit 23 SPA ONE OTAY RANCH Parks, Recreation, Open Space and Trails Master Plan Community Park: Recreation facilities and uses for conununity parks within Otay Ranch would reflect City of Chula Vista public recreation needs, as detennined by the City of Chula Vista. The Otay Ranch GDP identifies three :1:25 acre community parks in Villages 2, 10 and the EVC. Nelgbborbood Parks: Neighborhood park facilities in SPA One will be oriented to the residents of the neighborhood or sub-community area in which they are located. Each neighborhood park is envisioned to have recreation activities which, when taken together with other recreation facilities, provide recreational balance with emphasis on the localized neighborhood. Neighborhood parks will address the need for ball fields, basketball courts. practice areas, play court areas, children's play equipment/tot lots, teDlÙs courts and picnic facilities. Pedestrian Parks: Pedestrian park facilities in SPA One will be oriented to residents ideally witlùn a two to three block radius of the park. Each pedestrian park has specific recreation activities emphasizing infonnal social and recreational activities. Proposed for concurrent planning and design with adjacent residential projects, the pedestrian parks may include picnic areas, an open space area for informal play activities, a small tot lot/playground equipment, and areas conducive to social interaction such as seating ammged to encourage communication amongst residents. Public Schools: Public schools are places for education. Education is a fonn of recreation and recreation is a fonn of Oray Ranch Pago27 Parks, Recreation, Open Space and Trails Master Plan SPA ONE OTAY RANCH Passive Use/Green Buffer Area PedestriaD Parks (P-9, P-lO, poll): Village Five contains three pedestrian parks which serve residents within a two to three block area. Each pedestrian park is planned for infonnal social recreational activities. The pedestrian park pre.ides a place fo~. infonnal family or neighborhood gather.;¡gs. Amenities may inclu:!e: . Children's Play Areas lnfonnal Seating Areas Picnic AreaslBarbecue Areas . . Open TwfPlay Area Hard court Facility (i.e. Half Court Basketball) Olay Ranch P.g"~ SPA ONE DrAY RANCH Parks, Recreation, Open Space and Trails Master Plan Exbibit 8 ~e,-e SP A One Park Acreage Demand Qè/ Parka Provided / Pall< - .' /' Demand' Ae... DeocripUon Pall< 8 Villaae One 11.1 Village Core Par ( / P-1 7.3 Neighborhood Pa~chool P-2 2.1 Pedestrian ParV P-3 .8 Pedestrian pAfj( P-4 0.8 Pedestria¡o(Par ( P-5 /" Village One 16.6 22.1 / Neighborhood Parks / / Villaae Five 64 Neiahborhood Par ( P-<; /5.7 Neighborhood Par ( P-7 / 09 Town Square P-8 /' 2.0 Pedestrian Par ( P-9 7 1.3 Pedestrian Par ( P-10 7' .6 Pedestrian Par ( P-11 / Village ~ Neighborh d 14.1 16.9 Parks / ~~ne / elghborhood 30.7 39.0 Parks Provided SPA One Park 37.1 Credit' SPA One 16.5 10.1 Community Park SPA One Local 47.2 47.2 Park Demand The demand for neighborhood paries is determined by applying a 2 acresll,OOO population factor to the villages, with the remaining 1 acrell ,000 population par\< demand satisfied within a futUre community parle Assumes 50% par\( credit for pedesaian paries. Dray Ranch Page 37 COUNCIL AGENDA STATEMENT Item: Meeting Date: 8/28/01 ITEM TITLE: Public Hearing: PCM-01-17; Request to amend the Otay Ranch Sectional Planning Area (SPA) One Plan, and to modify the Otay Ranch SPA One Planned Community District Regulations within Village Five. Applicant - The Otay Ranch Company Resolution No. ; Resolution of the City Council of the City of Chula Vista approving an amendment to the Otay Ranch Sectional Planning Area (SPA) One Plan for Village Five. Ordinance No. ; Ordinance of the City Council of the City Of Chula Vista approving an amendment to the Otay Ranch Sectional Planning Area (SPA) One Planned Community District Regulations modifying the Zoning District Map for Village Five. Public Hearing: PCS-01-08; Request to approve a Revised Tentative Subdivision Map (C.V.T. 96-04B) for Village Five of the Otay Ranch SPA One Plan, Chula Vista Tract 96-04B. Applicant - The Otay Ranch Company Resolution No. _; Resolution of the City Council of the City of Chula Vista approving a Revised Tentative Subdivision Map for Village Five of the Otay Ranch, Sectional Planning Area One Plan, Chula Vista Tract 96- 04B. SUBMITTED BY: Director of Planning and Building/~J/ REVIEWED BY: City Manager(~1' ,~ (4/5tbs Vote: Yes No X) The Otay Ranch Company has applied to amend the Otay Ranch SPA One Plan to re-allocate 422 unused dwelling units authorized by the Otay Ranch General Development Plan (GDP) for Village Five and resubdivide 44.5 acres of Village Five in Otay Ranch. The proposed amendment and tentative map will create two high-density multi-family sites in Neighborhood R-30 and 122 single- family detached lots in an alley-product in Neighborhood R-39 in Village Five. The City's Environmental Review Coordinator has reviewed the Project and has determined that the Project would not result in any new environmental impacts that were not previously identified, nor would the Project result in a substantial increase in severity in any environmental effects previously identified in FEIR 95-01. Only minor technical changes or additions are necessary and none of the conditions requiring preparation of a subsequent or supplemental EIR, as identified in Sections 15162 and 15163 exist; therefore, an addendum to SPA One Plan FEIR 95-01 has been prepared in ,/ Page 2, Item Meeting Date 8/28/01 accordance with State CEQA Guidelines Section 15164, which was considered by the Commission as part of PCM 01-11, the McMiltin Companies Village Five Core amendment to SPA One. RECOMMENDATION: That the City Council approve: · A resolution amending the Otay Ranch SPA One Plan for Village Five; and, · An ordinance amending the SPA One Planned Community District Regulations Zoning District Map for Village Five; and, · A resolution approving the Revised Tentative Subdivision Map for Village Five (C.V.T. 96- 04B). BOARDS/COMMISSIONS RECOMMENDATION: The Planning Commission met on August 22, 2001 to consider the Project after the preparation of the City Council Agenda Statement. Staff will report verbally on the Planning Commissions recommendations at the City Council public hearing. DISCUSSION: In June of 1993, the City Council and Board of Supervisors jointly approved the Gray Ranch General Development Plan/Subregional Plan for the 23,000-acre Otay Ranch. The GDP authorized 1,263 single-family homes and 1,615 multi-family units for a total of 2,878 dwelling units in Village Five. In June of 1996, the City Council approved the Gray Ranch SPA One Plan for Villages One and Five based on a plan submitted by Village Development, a Baldwin Company subsidiary. Subsequent to the approval of the SPA One Plan, the McMillin Companies became an owner of portions of SPA One and processed a SPA Amendment to reduce the number of dwelling units in the Village Five Core. In 1997, both the Otay Ranch Company and the McMillin Companies processed tentative maps for their ownerships in Village Five. Neither developer utilized all of the units authorized by the SPA One Plan or the Otay Ranch GDP. Approximately 398 units authorized by the GDP and the 1996 SPA Plan were not utilized in McMillin's 1998 amendment. In 2000, the Otay Ranch Company processed a substantial conformity request to the adopted tentative map for their ownership to change the units and lot sizes in the Yellow and Red Phases of their portion of Village Five. This request further reduced the number of units in these two phases by 112 units. Besides reducing the number of units, the substantial conformity request provided a better circulation system with larger lots. Staff found the request in substantial conformity with the approved tentative map. Page 3, Item ~/95 Meeting Date 8/28/01 The McMillin Companies are currently processing a SPA One amendment, concurrent with this application, to add 54 units to the mixed-use site in the Village Five core. The Otay Ranch Company's amendment takes into account those 54 units into the C-3/R~45 site. 1. Site Characteristics Neighborhoods R-30 and R-39 are located in the southeastern corner of Village Five. The neighborhoods have been mass graded to create lots for development under the existing approvals. The balance of Village Five to the north and west is currently under development with single- family residences, multi-family development, parkland, community purpose facilities, an elementary school and other mixed uses. Immediately south of the Project is the future extension of Olympic Parkway. East Palomar Street and Santa Rosa Drive in Village Five are on the east side of the project and have been constructed. The Otay Water District's reservoir site is directly to the north of the Project. A future Residential Promenade street, San Sebastian Avenue, will be located to the north of the two neighborhoods. The future SR-125 is planned adjacent to the development to the east. Santa Rosa Drive connects to East Palomar Street to the south. Access to both Olympic Parkway and La Media Road are provided from East Palomar Street. The proposed future extension of the light rail transit system will eventually travel through the Village Five core in the center median of East Palomar Street. 2. General Plan, Zoning and Land Use General Plan The Otay Ranch GDP designated the land within the Otay Valley Parcel for urban villages that are transit-oriented and pedestrian friendly. The villages have higher densities and mixed-uses in village cores, which are surrounded by single-family homes in the secondary areas. The GDP authorized 2,878 dwelling units in Village Five with 1,615 multi-family units located in the Village Five core. The secondary areas of Village Five contain 1,263 single-family homes outside of the Village Five core. Zoning The Otay Ranch is zoned Planned Community (PC) as are the other master planned communities such as Sunbow and EastLake. Land development regulations are contained in the Planned Community District Regulations within each master planned community SPA plan along with a zoning boundary map designating a zone for each neighborhood. Village Five is designed as an "urban village" (containing mixed-use multi-family housing in a village core). The SPA One Plan Zoning Districts Map for Village Five are: Page 4, Item Meeting Date 8/28/01 · Single-Family Three (SF3) · Single-Family Four (SF4) · Residential Multi-Family One (RM1) · Residential Multi-Family Two (RM2) · Community Purpose Facility (CPF) · Open Space/Parks (OS/P-l) The existing Neighborhoods R-30 and R-39 are currently designated SF4 and RM1, respectively. Land Use Village Five is currently under construction. The McMillin portion for Village Five is basically built-out under the current SPA Plan, except for the community purpose facility and the mixed-use sites. The elementary school is under construction and due to open this fall. Cottonwood Park, the first public neighborhood park in Village Five, is completing the one-year maintenance period and should be open by late fall. The condominium projects in Neighborhood R-40 and R46 are constructed. The Teresina Apartments in R-43 and R-44 were one of the first projects completed in the Village Five core. The Otay Ranch Company portion of Village Five in the Pink, Yellow and Red Phases are under construction. The Pink phase off Telegraph Canyon Road and Santa Paula Avenue in the Village is complete, and the Yellow phase is under construction with both single-family homes and small pedestrian parks. The Red phase (formerly Phase 2), containing Neighborhoods R- 30 and R-39, are vacant but have been mass graded. Neighborhood R-30 was originally approved for 145 small lot single-family homes and Neighborhood R-39 for a multi-family project of 175 units. The Substantial Conformity request approved in 2000 provided for 93 units in Neighborhood R-30 and 180 units in R-39. 3. Proposed Plan Proposed Otay Ranch SPA One Plan Amendment The proposed amendment to the Otay Ranch SPA One Plan includes a re-allocation of 422 unused units previously authorized by the GDP for Village Five in Neighborhoods R-30 and R-39 and a Revised Tentative Subdivision Map for Village Five for these same neighborhoods. The SPA One Plan amendment proposes to change Neighborhood R-30 from a 93-unit small lot single-family project to two individual multi-family sites (R-30A and R-30B) with a total of 573 apartment units. Neighborhood R-39 is proposed to change from a 180 multi-family site to a 122-unit single-family alley product project. A breakdown of the unused units, as well as the units already designated for those two neighborhoods is summarized as follows: Page 5, Item/~ Meeting Date 8/28/01 Existing SPA Unused SPAUnits Proposed SPA Amendment Units ~ Units Neighborhood 93 154 Units Allocated Neighborhood R-30A R-30 Single-Family 247 Multi-Family Units Units 326 Units Allocated Neighborhood R-30B 326 Multi-Family Units Neighborhood R- 180 Multi- Decrease of 58 Units Neighborhood R-39 39 Family Units 122 Single-Family Units Total Units 273 Units 422 Units 695 Units The re-allocation of units to Neighborhood R-30 multi-family site will bring the multi-family unit count in Village Five to 1,605, still under the overall GDP multi-family allocation of 1,615 for Village Five. Neighborhood R-30 is proposed as two developments with a residential street, Geyserville Street, separating them and providing the second access. Access to the R-30A site can be provided from Santa Rosa Drive, San Sebastian Avenue and Geyserville Street. The alley street serving R-39 can also be used for access to the R-30A site. Access to R-30B is limited to Geyserville Street due to the entry cottage location on Santa Rosa Drive. Limited access from the alley could be provided to the R-30B site. SPA One Village Design Plan The amendment to the SPA Plan to re-allocate the 422 unused units will also require an amendment to the SPA One Village Design Plan (VDP). The VDP currently describes in greater detail how the design requirements for both Neighborhood R-30 and R-39 concepts are to be implemented. Neighborhood R-30 will be developed as two multi-family sites. Site design criteria for these two neighborhoods has changed from the original VDP, requiring an update to that document. Subsequent to the City Council approval of the SPA Plan amendment, the Precise Plan for the Village Five core will be taken to the Design Review Committee for their review and approval to add Neighborhood R-30 to the Village Five Core. SPA One Parks, Recreation, Open Space and Trails Plan The project proposes to relocate the private pedestrian park (P-11) from Neighborhood R-30 to a location between Neighborhoods R-27 and R-28. This private park was to serve the small lot single- family project and will be replaced by the common usable open space in the Neighborhood R-30 multi-family projects. The new site for P-11 will be developed as a swinclub facility owned and maintained by the Master Homeowner's Association for ORC's ownership in Village Five. The project requires additional local parkland obligation as a result of the 422 unused units now being allocated to the two neighborhoods. The additional local parkland will be provided elsewhere in the Applicant's ownership in Otay Ranch. Page 6, Item /~( Meeting Date 8/28/01 In addition to the VDP, the relocation of the private pedestrian park (P-11) requires the SPA One Parks, Recreation, Open Space and Trails Plan be amended to reflect the change. With the proposed increase in density and the reduction in parkland, the parks agreement between the Otay Ranch Company, the McMillin Companies and the City will need to be amended as well. City staffhas prepared SPA One Plan conditions of approval as well as Tentative Map conditions. These conditions will bring the SPA One Plan and the Project up to current standards. In part, the conditions require the implementation of new standards and update the parks agreement between the City, the Otay Ranch Company and the McMillin Companies to reflect the changes in the SPA One Plan proposed by both developers. The Project also requires an additional 1.7 acres of Community Purpose Facility (CPF) land obligation. The additional CPF land will be provided elsewhere in the Applicant's ownership in Otay Ranch. SPA One Affordable Housing Plan The reallocation of the 422 unused units to these neighborhoods will require an amendment to the SPA One Affordable Housing Plan. The Village Five obligation of low-income units for the Applicant's ownership has increased from 55 to 76. The Applicant is providing all of their SPA One ownership's low-income obligation (246 units) in the Village One mixed use "Heritage Town Center" and has received an additional 98 "credits" as part of that development approval. The Applicant has satisfied the SPA One obligation and will be transferring the other "credits" elsewhere in the Applicant's ownership in Otay Ranch. Proposed Otay Ranch SPA One Plan Planned Community District Regulations Amendment The existing Neighborhoods R-30 and R-39 are currently designated SF4 and RM1, respectively, on the Zoning District map in the SPA One Planned Community District Regulations. This map needs to be amended to reflect the SPA Plan land use changes. Neighborhood R-30 is proposed to be zoned RM-2, and the alley product in Neighborhood R-39 is proposed to remain RM1, but the boundaries are modified to reflect the Land Use Plan changes between R-30 and R-39. Revised Tentative Map The Revised Tentative Map for the portion of Village Five east of Santa Rosa proposes to subdivide approximately 44.5 acres into two multi-family lots and 121 single-family lots, four homeowner's maintenance lots, and nine open space lots. The two multi-family sites (R-30A and R-30B) will be separated by a local street, Geyserville Street, that will provide the second access to the alley product neighborhood. Page 7, Item/~Z' Meeting Date 8/28/01 The Tentative Map conditions of approval for Otay Ranch Companies' portion of Village Five have been updated by staff due to the revised subdivision of the two neighborhoods in the Project. The proposed conditions update the conditions of approval for Chula Vista Tract 96-04. 4. Analysis The proposed amendments to the Otay Ranch SPA One Plan and Revised Tentative Map application for Village Five implements the approved SPA One Land Use Plan and are consistent with prior approvals including the GDP amendment approved by City Council on November 10, 1998. The GDP originally authorized 1,615 multi-family units in Village Five. The current approvals for Village Five only utilized 1,218 multi-family of those original units. The proposed multi-family site in Neighborhood R-30 is in the Village Five core and within a ~A mile radius of the future trolley station in the Village Five core on East Palomar Street. A Residential Promenade Street, San Sebastian, and a local residential street will serve the alley product proposed for Neighborhood R-39. All public utilities and services have been reviewed, and there is sufficient capacity within each system to support and serve the proposed amendments. The water, sewer and drainage lines that are being installed now during the Yellow phase construction are large enough to handle the increase in density in R-30. Santa Rosa and San Sebastian have sufficient traffic capacity for the increase of 422 units. While the parks planned in Village Five were based on the reduced SPA Plan amendments, the increase in density (additional obligation of local parkland) can be attached to the Community Park requirement for the village and include an increase in park fees. The GDP envisioned that each village would provide a portion roughly 2/3 of their parkland in neighborhood parks and 1/3 in Community Parks located in Village Two and 10 and the Eastern Urban Center. The new SPA conditions require the applicant to amend the existing park agreement between McMillin, Otay Ranch Company and the City to provide additional parkland in Village Two and pay fees for the balance. The private pedestrian park P-11 is relocated in Village Five in the proposed amendment. The Planned Community (PC) zone requires each community, or in this case a village, to provide land for Comxnunity Purpose Facilities (CPF). The ordinance requires 1.39 acres for CPF land for every 1,000 residents of the village. Since all of Village Five is basically developed and the Otay Ranch Company amendment will add residents to the village, additional CPF land (1.7 acres) will need to be provided elsewhere within their ownership in the Otay Ranch. A condition of approval requires this transfer of the CPF requirement. Since the R-30 neighborhood is within a ¼ mile of the transit station, staffrecommends the Village Five core be amended to include this site. The Village Five Core Master Precise Plan will need to be amended to add this property. The same pedestrian-oriented standards that have been applied to other multi-family will be applied to these two sites with ground floor units having their front doors oriented to the street with a porch or strong entry feature. Access to the apartment sites will be 1¥-7 Page 8, Item/Tz~( Meeting Date 8/28/01 provided from Geyserville Street, a residential street, which will continue into the alley product project in Neighborhood R-39. The alley product proposed for Neighborhood R-39 will provide a better solution than the current plan, since multi-family traffic travels through a single-family neighborhood under the current SPA Plan. The proposed amendment will reverse this pattern by having the vehicle trips from the single- family neighborhood pass by the apartment project to get to Santa Rosa Drive. The alley product homes will help in sound attenuation from future SR- 125 and Olympic Parkway by placing the alley and garages between the homes and these major transportation corridors. A community forum was held on August 9, 2001 on both the McMillin Companies and the Otay Ranch Company SPA One amendments. Notices of the forum were sent to approximately 400 residents of Village Five. At the forum, attended by approximately 30 residents, concerns were expressed on the elimination of the Village Five Core town square, the increase in the number of units in the mixed-use project and traffic along Santa Cora Avenue north and south of East Palomar Street (all part of the McMillin application). The town square and residential units in the mixed-use project are discussed in the McMillin staff report (PCM-01-11). Planning and Engineering Divisions will review the parking situation along Santa Cora and work to resolve residents concerns. CONCLUSION: Staff believes that the amendments to the Otay Ranch SPA One Plan and Revised Tentative Map application for Village Five are consistent with the approved Otay Ranch SPA One Plan and the Otay Ranch GDP policies, and recommends approval of the amendments and Revised Tentative Map subject to the SPA One Conditions of Approval (see Council Resolution No. , Exhibit 'B'), and Revised Tentative Map (C.V.T. 94-06B) Conditions of Approval (see Council Resolution No. , Exhibit 'B'). FISCAL IMPACT: The cost associated with processing the project is covered by the applicant's deposit account. Attachments 1. Locator Map 2. Revised Tentative Subdivision Map (C.V.T. 96-04B) 3. Proposed Otay Ranch SPA One Land Use Plan, and SPA One Zoning District Map and proposed amendments to the Village Design Plan; Parks, Recreation, Open Space and Trails Master Plan; and SPA One Affordable Housing Plan. 4. Otay Ranch SPA One Amendment Planning Commission Resolution (PCM 01-17) 5. Otay Ranch Village Five Revised Tentative Map Planning Commission Resolution (PCS 01-08) 6. Disclosure Statement PUBLIC/QUASI-PUBLIC WmLOWS OTAY WATER DISTRICT 11 not a part MCMII, LIN ME~OC~qO Single ELEMENTARY IRAmS SCHOOL Single Family v~K Multi v.btx , Family multi family muhi-family VISTA X SONRISA > SANTA CORA PARK PROJECT LOCAIION OTAY RANCH VILLAGE 6 · CHULA VISTA PLANNING AND BUILDING DEPARTMENT ! PROJECT DESCRIPTION: LOCATOR PROJECT OTAY PROJECTS, LP,  ,PPL,C^.T: SPA PLAN AMENDMENT PROJECT Otay Ranch, SPA One eciuest: Revise SPA One and TM 96-04 to allocate ADDRESS: Village Five z~2 unallocated multi-family units to neighborhoods R-3Oa&b and R-39. SCALE: FILE NUMBER: NORTH NO Scale PCM-Ol-17(b) Related Cases: PCS-OI-OSr, IS-01-043 ~ ATTACHMENT #1 PUBLIC/QUASI-PUBLIC VOLLOWS OTAY WATER DISTRICT II not a part MCM1LLIN ELEMENTARY : ~R~ILS SINGLE SCHOOL i Single Family F.4MILY MULTI . t~MILY multi-family multi-family VISTA SONRISA ~ PROJECT LOCATION ©T^¥ ~ ~LLAGE 6 CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT OTAY PROJECTS, LP. PROJECT DESCmPT~ON: APPLICANT:  REVISED TENTATIVE SUBDIVISION MAP PROJECT Otay Ranch, SPA One Request: Revise SPA One and TM 96-04 to allocate ADDRESS: Village Five ~_unalloc.~ted multi-family units to neighborhoods SCALE: FILE NUMBER: R-3Oa&b and R-39. NORTH No Scale PCS-Ol-O8r Related Cases: PCM 01-17, IS-01-043 ATTACHMENT 2 RESOLUTION NO. PCM-01-17 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN, AND ADOPT AN ORDINANCE TO MODIFY THE OTAY RANCH SPA ONE PLANNED COMMUNITY DISTRICT REGULATIONS WITHIN VILLAGE FIVE. WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached to City Council Resolution No. and described on Chula Vista Tract 96-04B, and is commonly known as Village Five, Red Phase ("Property"); and WHEREAS, an application to amend the Sectional Planning Area (SPA) One Plan portion of Otay Ranch Village Five was filed with the City of Chula Vista Planning and Building Department on February 16, 2001 by Otay Project, LLC, The Otay Ranch Company ("Applicant"); and WHEREAS, the application requests to amend the Otay Ranch SPA One Plan including the SPA One Planned Community District Regulations modifying the SPA One Zoning District Map; SPA One Land Use Map; Village Five Land Use Map; SPA One Village Design Plan; SPA One Parks, Recreation, Trails and Open Space Plan; SPA One Affordable Housing Plan, and to reflect the reallocation of 422 unused dwelling units to Neighborhoods R-30 and R-39, located in south east portion of Otay Ranch Village Five; and, WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area One Plan ("SPA One Plan") previously approved by the City Council on June 4, 1996 by Resolution No. 18286, wherein the City Council, in the environmental evaluation of said SPA One Plan, relied in part on the original Otay Ranch SPA One Plan Final Environmental Impact Report No. 95-01, SCH//94101046 ("EIR 95-01"); and, WHEREAS, the City' s Environmental Review Coordinator has reviewed the Project and has determined that the Project would not result in any new environmental impacts that were not previously identified, nor would the Project result in a substantial increase in severity in any environmental effects previously identified in FEIR 95-01. Only minor technical changes or additions are necessary and none of the conditions requiring preparation of a subsequent or supplemental EIR, as identified in Sections 15162 and 15163 exist; therefore, an addendum to SPA One Plan FEIR 95-01was prepared in accordance with State CEQA Guidelines Section 15164 and adopted pursuant to Resolution No. (PCM-01-11); and, WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Sectional Planning Area (SPA) One Plan amendment (PCM-01-17) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general cimulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project ATTACHMENT #4 site at least ten days prior to the hearing; and WHEREAS, the heating was held at the time and place as advertised, namely 6:00 p.m. August 22, 2001, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the Planning Commission, the Commission has determined that the approval of an amendment to Otay Ranch Sectional Planning Area (SPA) One Plan (PCM-01-17) is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch SPA One Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning practice support the approval. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt a resolution approving Otay Ranch Sectional Planning Area (SPA) One Plan amendment (PCM-01-17) in accordance with the findings contained in the attached City Council Resolution No. And that a copy of this resolution be transmitted to the owners of the property and the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 22nd day of August, 2001 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Kevin O'Neil, Chair ATTEST: Diana Vargas, Secretary / ¢~-/.5 RESOLUTION NO. PCS-01-08 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL APPROVE A REVISED TENTATIVE SUBDIVISION MAP FOR VILLAGE FIVE OF THE OTAY RANCH, SECTIONAL PLANNING AREA (SPA) ONE PLAN, CHULA VISTA TRACT 96-04B. WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached to City Council Resolution No. and described on Chula Vista Tract 96-04B, and is commonly known as Village Five, Red Phase ("Property"); and, WHEREAS, The Otay Ranch Company ("Applicant") filed a duly verified application for the subdivision of thc Property in thc form of the tentative subdivision map known as "Revised Tentative Map, Chula Vista Tract 96-04B", ("Project"), with the Planning and Building Department of the City of Chula Vista on February 16, 2001; and, WHEREAS, the application requested the approval for thc subdivision of approximately 44.5 acres located north of Olympic Parkway, northeast of East Palomar Street, east of the Santa Rosa Drive, and west of the future planned SR-125in Village Five of the Otay Ranch into 121 single- family residential lots, 2 multi-family lots, 6 private street lots, 12 common lots, and 6 open space lots for a total of 147 lots; and, WHEREAS, the development of the Property has been thc subject matter of the Otay Ranch General Development Plan ("GDP') previously approved by the City Council on October 28, 1993 by Resolution No. 17298, and as amended on November 10, 1998 by Resolution No. 19253 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on thc Otay Ranch General Development Plan, Environmental Impact Report No. 90-01, SCH #9010154 ("Program EIR 90-01"); and, WHEREAS, the development of the Property has been the subject mat~er of a Sectional Planning Area One Plan ("SPA One Plan") previously approved by the City Council on June 4, 1996 by Resolution No. 18286, wherein the City Council, in the environmental evaluation of said SPA One Plan, relied in part on the original Otay Ranch SPA One Plan Final Environmental Impact Report No. 95-01, SCH #94101046 ("FEIR 95-01"); and, WHEREAS, the Applicant filed an amendment to the SPA One Plan, (PCM-01-17), and said amendment was adopted by the City Council on August 28, 2001 by Resolution No. ; and, WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and has determined that the Project would not result in any new environmental impacts that were not previously identified, nor would the Project result in a substantial increase in severity in any environmental effects previously identified in FEIR 95-01. Only minor technical changes or ATTACHMENT #5 additions are necessary and none of the conditions requiring preparation of a subsequent or supplemental EIR, as identified in Sections 15162 and 15163 exist; therefore, an addendum to SPA One Plan FEIR 95-01was prepared in accordance with State CEQA Guidelines Section 15164 and adopted pursuant to Resolution No. (PCM-01-11); and, WHEREAS, the Planning Commission set the time and place for a heating on said "Revised Tentative Map, Chula Vista Tract 96-04B" (PCS-01-08) 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 Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. August 22, 2001, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the Plmming Commission, the Commission has determined that the approval of Revised Tentative Subdivision Map (C.V.T. 96-04B) is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch SPA One Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning practice support the approval. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt a resolution approving Revised Tentative Subdivision Map (C.V.T. 96- 04B) in accordance with the findings contained in the attached City Council Resolution No. And that a copy of this resolution be transmitted to the owners of the property and the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 22nd day of August, 2001 by the following vote, to-wit: AYES: NOES: ABSENT: AB STENTIONS: Kevin O'Neil, Chair ATTEST: Diana Vargas, Secretary v ~I'HE CITY OF CHULA VISTA DISCLOSURE STATEMI~NT 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 contr~utions 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 Fw, ancial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. Otav Proiect L.P. . 2. If any person* identified pursuant to (1) above is a corporation or parmership, list the names of all individuals with a $1000 investment in the busings (corporation/parmership) entity. Jim Bald~n A1 Bal dNrln 3. If any person* identified pursuant to (1) above is a non-profit organi.nrion or trust, list the names of any person serving as director of thc non-profit organization or as trustee or beneficiary or trustor 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 maUer? ..... J. im B~L~lwln Kont 5~en A1 Baldwin Ranie 8unter Kim Kilkenny Chuck Cater 5. Has any person* associated with this comract had any Financial dealings with an official~* of the City' of Chula Vista as it relates to this contract within the past 12 montl~. Yes' . No , M · ATTACHMENT # 6 /'/--,'7 If Yes, briefly describe the nature of the financial interest the official';* may have in this contract? 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No X~_ Yes ~_ 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 Dixectors made contributions totaling more than $1,000 over the pa.St four (4) yea~$ to a current member of the Chula Vista City Council? Yes No X If Yes, which Council member? 8. Have you provided more than $300 (or an item of equivalent value) to an official*~ of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No X If Yes, which official** and what was the mture of item provided? Signatu~ of Contractor/Applicant Print or type name of,Contractor/Applicant- .... * Person is defined as: any individual, firm, co-p~*mer~hip, jolt venture, a&sociatlon, social dub, fraternal organization, corporation, estate, txu~, receiver, syndicate, any other county, city, municipality, district, or other political su~divisinn, -or any other group or combination acting as a unit. ** Official includes, but is not limited to; Mayor. Council member, pl;mnlng Commissioner, Member of a board, commission, or commi~ Of tho City, ~mployee, or staff members. H: ~t O ME',EN GINEER'~ADMI~ CO N TKA CT~$ TL~200,23 Ooiler RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN FOR VILLAGE FIVE. WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached to City Council Resolution No. and described on Chula Vista Tract 96-04B, and is commonly known as Village Five, Red Phase ("Property"); and, WHEREAS, an application to amend the Sectional Planning Area (SPA) One Plan portion of Otay Ranch Village One West was filed with the City of Chula Vista Planning and Building Department on February 16, 2001 by Otay Project, LLC, The Otay Ranch Company ("Applicant"); and, WHEREAS, the application requests to amend the Otay Ranch SPA One Plan including the SPA One Planned Community District Regulations modifying the SPA One Zoning District Map; SPA One Land Use Map; Village Five Land Use Map; SPA One Village Design Plan; SPA One Parks, Recreation, Trails and Open Space Plan; SPA One Affordable Housing Plan, and to reflect the reallocation of 422 unused dwelling units to Neighborhoods R-30 and R-39, located in the south east portion of Otay Ranch Village Five; and, WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area One Plan ("SPA One Plan") previously approved by the City Council on June 4, 1996 by Resolution No. 18286, wherein the City Council, in the environmental evaluation of said SPA One Plan, relied in part on the original Otay Ranch SPA One Plan Final Environmental Impact Report No. 95-01, SCH #94101046 ("EIR 95- 01"); and, WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and has determined that the Project would not result in any new environmental impacts that were not previously identified, nor would the Project result in a substantial increase in severity in any environmental effects previously identified in FEIR 95-01. Only minor technical changes or additions are necessary and none of the conditions requiring preparation of a subsequent or supplemental EIR, as identified in Sections 15162 and 15163 exist; therefore, an addendum to SPA One Plan FEIR 95-01was prepared in accordance with State CEQA Guidelines Section 15164 and adopted pursuant to Resolution No. (PCM-01-1 I); and, Resolution No. Page 2 WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Sectional Planning Area (SPA) One Plan amendment (PCM-01-17) 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 Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. August 22, 2001, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, by a vote of /4-0-3 the Planning Commission approved the project; and, WHEREAS, a public hearing was scheduled before the City Council of the City of Chula Vista on the Otay Ranch SPA One Amendment and adopting the ordinance to modify the Otay Ranch SPA One Planned Community District Regulations for Village Five; and, 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 hearing held on August 22, 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, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. ACTION The City Council hereby approves the resolution amending the Otay Ranch SPA One Plan modifying the SPA One Plan and supporting documents (SPA One Land Use Plan; Village Five Land Use Plan; SPA One Village Design Plan; SPA One Parks, Recreation, Trails and Open Space Plan; SPA One Affordable Housing Plan), in this resolution, finding it is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. Resolution No. Page 3 III. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the FEIR 95-01, would have no new effects that were not examined in said FEIR (Guideline 15168 (c)(2)). IV. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR EIR The City Council hereby finds that: (1) there were no changes in the Project from the FEIR 95-01 which would require revisions of said report; (2) no substantial changes have occurred with respect to the circumstances under which the Project is undertaken since the previous report; (3) and no new information of substantial importance to the Project has become available since the issuance and approval of the prior report; and that, therefore, no new effects could occur or no new mitigation measures will be required in addition to those already in existence and made a condition for Project implementation. Therefore, the City Council approved the Project as an activity that is within the scope of the project covered by the FEIR 95-01 (Guideline 15168(c)(2) and 15162(a)). V. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council found that the Addendum (Case No. IS-01-43) prepared to Otay Ranch SPA One EIR 95-01, pursuant to Resolution No. (PCM-01-11) reflected the independent judgment of the City Council of the City of Chula Vista and thereby adopted the Addendum to Otay Ranch SPA One FEIR 95-01. VI. INCORPORATION OF ALL MITIGATION MEASURES AND ALTERNATIVES The City Council does hereby re-adopt and incorporate herein as conditions for this approval all applicable mitigation measures and alternatives, as set forth in the findings adopted in the Otay Ranch GDP Program FEIR 90-01, and Otay Ranch SPA One FEIR 95-01. VII. NOTICE WITH LATER ACTIVITIES The City Council does hereby give notice, to the extent required by law, that this Project was fully described and analyzed and is within the scope of the FEIR 95- 01 adequately describes and analyzes this project for the purposes of CEQA (Guideline 15168(e)). Resolution No. Page 4 VIII. CONSISTENCY WITH THE GENERAL PLAN The proposed Project is consistent with the General Plan for the following reasons: A. THE PROPOSED SPA ONE PLAN AMENDMENT IS IN CONFORMITY WITH THE CHULA VISTA GENERAL PLAN. The Otay Ranch Sectional Planning Area (SPA) Plan Amendment reflects the land uses, circulation system, open space and recreational uses, and public facility uses consistent with the Otay Ranch General Development Plan and Chula Vista General Plan. B. THE PROPOSED OTAY RANCH SECTIONAL PLANNING AREA (SPA) PLAN AMENDMENT WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The SPA One Plan Amendments contain provisions and requirements to ensure the orderly, phased development of the project. C. THE PROPOSED OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN AMENDMENT WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The land uses within Otay Ranch are designed with an open space buffer adjacent to other existing projects, and future developments off-site and within the Otay Ranch Sectional Planning Area One. The project will provide a variety of housing types compatible with existing adjacent land uses, as required by the Otay Ranch General Development Plan. A comprehensive street network serves the project and provides for access to off-site adjacent properties. The proposed plan closely follows all existing environmental protection guidelines and will avoid unacceptable off-site impacts through the provision of mitigation measures specified in the Otay Ranch SPA One Environmental Impact Report (EIR 95-01). IX. CONDITIONS OF APPROVAL The City Council hereby approves the Project subject to the conditions set forth in Exhibit "B", attached hereto. Resolution No. Page 5 X. APPROVAL OF OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE AMENDMENT The City Council does hereby approve the Project subject to the conditions set forth in Section VI and Section IX listed above and based upon the findings and determinations on the record for this Project. XI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. XII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by Robert Leiter Johrl M. Kaheny Planning and Building Director City Attorney PUBLIC/QUASI-PUBLIC wmLows OTAY WATER DISTRICT 11 not a part Single Family MCM~L~ MEI,a:~INO Single ELEMENTARY TRAILS Multi Family multi-family multi-}amily VISTA SONPdSA SANTA CORA- PBOJECT LOCATION VILLAGE 6 CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECt OTAY PROJECTS, LP. PROJECT DESCRIPTION:  ^PP~IO^NT: SPA PLAN AMENDMENT PROJECT 01ay Ranch, SPA One equest Revise SPA One and TM 96-04 to allocate AODRESS Village Five z~2 unalloc~ted multi-family units to neighborhoods R-3Oa&b and R-39. SCALE: FILE NUMBER: NORTH NO Scale PCM-O1-17(b) Related Cases: PCS-OI-OSr, IS 01-043 · /~ EXHIBIT "A" Exhibit "B" Otay Ranch Sectional Planning Area One CONDITIONS OF APPROVAL Unless otherwise specified or required by law: (a) the conditions and Code requirements set forth below shall be completed prior to the related final map as determined by the Director of Planning and Building and the City Engineer (b) unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required the Applicant shall be required to provide subordination of any prior lien and easement holders in order to ensure that the City has a first priority interest and rights in such land unless otherwise excused by the City. Where fee title'is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by the City. Should conflicting wording or standards occur between these conditions of approval, any conflict shall be resolved by the City Manager or designee. GENERAL/PRELIMINARY 1. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For purposes of this document the term "Developer" shall also mean "Applicant". 2. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista General Plan; the City's Growth Management Ordinance; Otay Ranch General Development Plan, Otay Ranch Resource Management Plan, Phase I and Phase 2; Ranch Wide Affordable Housing Plan; Overall Design Plan; Otay Ranch Sectional Planning Area (SPA) One Plan and supporting documents including: SPA One Public Facilities Finance Plan; SPA One Parks, Recreation, Open Space and Trails Plan; SPA One Affordable Housing Plan and the Non-Renewable Energy Conservation Plan as amended from time to time, unless specifically modified by the appropriate department head, with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. 3. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify ail approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Applicant shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. 4. Applicant shall indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Environmental Impact Report and subsequent environmental review for the Project and any or all entitlements and approvals issued by the City in connection with the Project. 5. The Project shall comply with all applicable SPA One conditions of approval, as may be amended from time to time. 6. Any and all agreements that the Applicant is required to enter in hereunder, shall be in a form approved by the City Attorney. 7. The terms, conditions and time limits associated with' this tentative map shall be consistent with the Development Agreement approved by Ordinance No. 2679 by the City Council on July 16, 1996 ("Development Agreement") and as amended on October 22, 1996. 8. Building Permits shall not be issued for Village Five Neighborhoods R-30A, R-30B and R- 39 until Olympic Parkway, Phase Two (at East Palomar Street) is open for vehicular traffic. H:\PLANNING\Otay_Ranch\SpaOneV5OCAmendConditions 8/23/01 1:33 PM 2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLANNED COMMUNITY DISTRICT REGULATIONS MODIFYING THE ZONING DISTRICT MAP FOR VILLAGE FIVE. WHEREAS, the property which is the subject matter o£ this ordinance is identified as Exhibit "A" attached hereto and described on Chula Vista Tract 96-04B, and is commonly known as Village Five, Red Phase ("Property"); and, WHEREAS, an application to amend the Sectional Planning Area (SPA) One Planned Community District Regulations Zoning District Map for Village Five was filed with the City of ,~.~ ~: Chula Vista Planning and Building Department on February 16, 2001 by Otay Project, LLC, The Otay Ranch Company ("Applicant"); and, WHEREAS, the modified Otay Ranch SPA One Planned Community District Regulations Zoning District Map is intended to ensure that the Otay Ranch SPA One Plan is prepared in accordance with the Otay Ranch General Development Plan (GDP), to implement the City of Chula Vista General Plan for eastern Chula Vista, to promote the orderly planning and long term phased ~, development of the Otay Ranch GDP and to establish conditions which will enable the amended Otay Ranch SPA One area to exist in harmony within the community ("Project"); and, WHEREAS, the amended Otay Ranch SPA One Planned Community District Regulations and Zoning District Map is established pursuant to Title 19 of the Chula Vista Municipal Code, specifically Chapter 19.48 (PC) Planned Community Zone, and are applicable to the Otay Ranch SPA One Land Use Plan o£the amended SPA One Plan; and, WHEREAS, the amended Otay Ranch SPA One Planned Community District Regulations modifies the SPA One Zoning District Map for Village Five to reflect zoning district adjustments to the Single-Family Four, Open Space/Park One, Residential Multi-Family One and Residential Multi- Family Two Zoning Districts located in the south east portion of Otay Ranch Village Five; and, WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area One Plan ("SPA One Plan") previously approved by the City Council on June 4, 1996 by Resolution No. 18286, wherein the City Council, in the environmental evaluation of said SPA One Plan, relied in part on the original Otay Ranch SPA One Plan Final Environmental Impact Report No. 95-01, SCH #94101046 ("FEIR 95-01"); and, WHEREAS, the amended Otay Ranch SPA One Plan refines and implements the land plans, goals, objectives and policies of the Otay Ranch GDP as adopted by the City Council of the City of Chula Vista on October, 28, 1993, and as amended on May 14, 1996, and November 10, 1998; and, Ordinance No. Page 2 WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and has determined that the Project would not result in any new environmental impacts that were not previously identified, nor would the Project result in a substantial increase in severity in any environmental effects previously identified in FEIR 95-01. Only minor technical changes or additions are necessary and none of the conditions requiring preparation of a subsequent or supplemental EIR, as identified in Sections 15162 and 15163 exist; therefore, an addendum to SPA One Plan FEIR 95-01was prepared in accordance with State CEQA Guidelines Section 15164 and adopted pursuant to Resolution No. (PCM-01-11); and, WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Sectional Planning Area (SPA) One Plan an~endment (PCM-01-17) 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 Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. August 22, 2001, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. WHEREAS, by a vote of , the Planning Commission recommended approval the project; and, WHEREAS, a public hearing was scheduled before the City Council of the City of Chula Vista on the Otay Ranch SPA One Amendment and adopting the ordinance to modify the Otay Ranch SPA One Planned Community District Regulations for Village Five; and, 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 hearing on the amended SPA One Plan held on August 22, 2001 and the minutes and resolutions therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Envlronmemal Quality Act (CEQA) claims. II. ACTION The City Council hereby adopts an Ordinance to the SPA One Planned Community District Regulations modifying the Zoning District Map for Village Five, identified as Exhibit"B" in Ordinance No. Page 3 this ordinance, finding that they are consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch SPA One Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. III. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the FEIR 95-01, would have no new effects that were not examined in said FEIR [Guideline 15168 (c)(2)]; and IV. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR EIR The City Council hereby finds that: (1) there were no changes in the Project from the FEIR 95-01 which would require revisions of said reports; (2) no substantial changes have occurred with respect to the circumstances under which the Project is undertaken since the previous reports; (3) and no new information of substantial importance to the Project has become available since the issuance and approval of the prior reports; and that, therefore, no new effects could occur or no new mitigation measures will be required in addition to those already in existence and made a condition for Project implementation. Therefore, the City Council approves the Project as an activity that is within the scope of the project covered by the FEIR 95-01 [Guideline 15168(c)(2) and 15162(a)]. V. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council found that pursuant to Resolution No. (PCM-01-11) that the Addendum prepared to Otay Ranch SPA One EIR 95-01 reflected the independent judgment of the City Council of the City of Chula Vista and adopted the Addendum to Otay Ranch SPA One FEIR 95-01. VI. INCORPORATION OF ALL MITIGATION MEASURES AND ALTERNATIVES The City Council does hereby re-adopt and incorporate herein as conditions for this approval all applicable mitigation measures and alternatives, as set forth in the findings adopted in the Mitigation Monitoring Program for FEIR 95-01. VII. NOTICE WITH LATER ACTIVITIES The City Council does hereby give notice, to the extent required by law, that this Project was fully described and analyzed and is within the scope of the FEIR 95-01 adequately describes and analyzes this project for the purposes of CEQA [Guideline 15168(e)]. Ordinance No. Page 4 VIII. CONSISTENCY WITH THE GENERAL PLAN The proposed Project is consistent with the General Plan for the following reasons: A. THE PROPOSED SPA ONE PLAN AMENDMENT MODIFYING THE SPA ONE PLANNED COMMUNITY DISTRICT REGULATIONS ZONiNG DISTRICT MAP FOR VILLAGE FIVE IS 1N CONFORMITY WITH THE CHULA VISTA GENERAL PLAN. The Otay Ranch Sectional Planning Area (SPA) Plan Amendment modifying the Otay Ranch SPA One Zoning District Map for Village Five reflects the land uses, circulation system, open space and recreational uses, and public facility uses consistent with the Otay Ranch General Development Plan and Chula Vista General Plan. B. THE PROPOSED OTAY RANCH SECTIONAL PLANNING AREA (SPA) PLAN AMENDMENT WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE 1NVOLVED SECTIONAL PLANNING AREA. The SPA One Plan Amendment contain provisions and requirements to ensure the orderly, phased development of the project. C. THE PROPOSED OTAY RANCH SECTIONAL PLANNING AREA (SPA) PLAN AMENDMENT WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The land uses within Otay Ranch are designed with an open space buffer adjacent to other existing projects, and future developments off-site and within the Otay Ranch Sectional Planning Area One. The project will provide a variety of housing types compatible with existing adjacent land uses, as required by the Otay Ranch General Development Plan. A comprehensive street network serves the project and provides for access to off-site adjacent properties. The proposed plan closely follows all existing environmental protection guidelines and will avoid unacceptable off-site impacts through the provision of mitigation measures specified in the Otay Ranch SPA One Environmental Impact Report (EIR-95-01). Ordinance No. Page 5 · Presented by Approved as to form by Robert Leiter John M. Kaheny Planning and Building Director City Attorney PUBLIC/QUASI-PUBLIC w~Lows OTAY WATER DISTRICT Il not a part MCMILLIN ELEMENTARY TRAILS Single SCHOOL Multi Family multi;family multi-family VISTA PBOIECT ~U'~RE LOCATION OTAY RANCH VILLAGE 6 CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR ! PROJECT OTAY PROJECTS, LP.PROJECT DESCRIPTION: (~ ^PP"°^~T: SPA PLAN AMENDMENT NORTH No Scale PCM-O1-17(b) Related Cases: PCS-OI-OOr. IS-01-043 EXHIBIT "A" EXHIBIT "B" RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REVISED TENTATIVE SUBDIVISION MAP FOR VILLAGE FIVE OF THE OTAY RANCH, SECTIONAL PLANNING AREA ONE PLAN, CHULA VISTA TRACT 96~04B. WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached to City Council Resolution No. and described on Chula Vista Tract 96-04B, and is commonly known as Village Five, Red Phase ("Property"); and, WHEREAS, The Otay Ranch Company ("Applicant") filed a duly verified application for the subdivision of the Property in the form of the tentative subdivision map known as "Revised Tentative Map, Chula Vista Tract 96-04B", ("Project"), with the Planning and Building Department of the City of Chula Vista on February 16, 2001; and, WHEREAS, the application requested the approval for the subdivision of approximately 44.5 acres located north of Olympic Parkway, northeast of East Palomar Street, east of the Santa Rosa Drive, and west of the future planned SR-125 into 122 residential lots, 6 private street lots, 12 common lots, and 6 open space lots for a total of 147 lots; and, WHEREAS, the development of the Property has been the subject matter of the Otay Ranch General Development Plan ("GDP") previously approved by the City Council on October 28, 1993 by Resolution No. 17298, and as amended on November 10, 1998 by Resolution No. 19253 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Environmental Impact Report No. 90-01, SCH #9010154 ("Program EIR 90-01"); and, WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area One Plan ("SPA One Plan") previously approved by the City Council on June 4, 1996 by Resolution No. 18286, wherein the City Council, in the environmental evaluation of said SPA One Plan, relied in part on the original Otay Ranch SPA One Plan Final Environmental Impact Report No. 95-01, SCH #94101046 ("FEIR 95-01"); and, WHEREAS, the Applicant filed an amendment to the SPA One Plan, (PCM-01-09), and said amendment was adopted by the City Council on August 28, 2001 by Resolution No. .; and, WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and has determined that the Project would not result in any new environmental impacts that were not previously identified, nor would the Project result in a substantial increase in severity in any environmental effects previously identified in FEIR 95-01. Only minor technical changes or additions are necessary and none of the conditions requiring preparation of a subsequent or supplemental EIR, as identified in Sections 15162 and 15163 exist; therefore, an addendum to SPA One Plan FEIR 95-01was prepared in accordance with State CEQA Guidelines Section 15164 and adopted pursuant to Resolution No. (PCM-0 I-11); and, WItEREAS, the Plarming Commission set the time and place for a heating on said Otay Ranch Village Five "Revised Tentative Subdivision Map (C.V.T. 96-04B)" 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 Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. August 22, 2001, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, by a vote of the Planning Commission approved the project; and, WHEREAS, the City Council set the time and place for a hearing on the Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City at least ten days prior to the hearing; and, WHEREAS, a hearing was held at the time and place as advertised on August 28, 2001 in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE, THE CITY COUNCIL finds, determines, and resolves as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Conunission at their public hearing on this project held on August 22, 2001, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. II. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the FEIR 95- 01, would have no new effects that were not examined in said FEIR (Guideline 15168 (c)(2)). III. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR EIR The City Council hereby finds that: (1) there were no changes in the Project from the Program EIR and the FEIR which would require revisions of said environmental report; (2) no substantial changes have occurred with respect to the circumstances under which the Project is undertaken since the previous environmental report; (3) and no new information of substantial importance to the Project has become available since the issuance and approval of the prior environmental report; and that, therefore, no new effects could occur or no new mitigation measures will be required in addition to those already in existence and made a condition for Project implementation. Therefore, the City Council approves the Project as an activity that is within the scope of the project covered by the Program EIR and FEIR, and an Addendum has been prepared [Guideline 15168 (c)(2) and 15162 (a)]. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council found that the Addendum (Case No. IS-01-43) prepared to Otay Ranch SPA One EIR 95-01, pursuant to Resolution No. (PCM-01-11) reflected the independent judgment of the City Council of the City of Chula Vista and thereby adopted the Addendum to Otay Ranch SPA One FEIR 95-01. V. INCORPORATION OF ALL MITIGATION MEASURES AND ALTERNATIVES The City Council does hereby readopt and incorporate herein as conditions for this approval all applicable mitigation measures and alternatives, as set forth in the findings adopted in the Otay Ranch GDP approval (90-01 ) and SPA One Plan approval (95~01). VI. NOTICE WITH LATER ACTIVITIES The City Council does hereby give notice, to the extent required by law, that this Project was fully described and analyzed and is within the scope of the GDP EIR (90-01), the original SPA One Plan EIR (95-01), adequately describes and analyzes this project for the purposes of CEQA [Guideline 15168 (e)]. VII. TENTATIVE SUBDIVISION MAP FINDINGS Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Otay Ranch Village Five "Revised Tentative Subdivision Map (C.V.T. 96-04B)' as conditioned, attached as Exhibit "B" to this resolution, hereto for The Otay Ranch Company ("Otay Project LLC"), is in conformance with all the various elements of the City's General Plan, the Otay Ranch General Development Plan and Sectional Planning Area One Plan as amended, based on the following: 1. Land Use The Project is in a planned community that provides multi-family residential uses and open space. The Project is also consistent with General Plan, Otay Ranch GDP, and Otay Ranch SPA One Plan policies related to grading and landforms. 2. Circulation All of the on-site and off-site public and private improvements required to serve the subdivision are part of the project description or are conditioned consistent with the Otay Ranch General Development Plan, and the Otay Ranch SPA One Plan. The Applicant shall construct those facilities in accordance with City and Otay Ranch SPA One Plan standards. 3. Housing An affordable housing agreement between the City and The Otay Ranch Company (Master Developer) has been executed and is applicable to subject Project providing for low and moderate income households. 4. Parks, Recreation and Open Space Parks, recreation and open space will be conditioned under Tentative Map conditions to dedicate additional parkland obligation for the Project elsewhere in Otay Ranch on the Applicant's ownership. Construction of additional parkland and open space and programmable recreation facilities are the responsibility of the Applicant. 5. Conservation The Progran~ EIR and FEIR's addressed the goals and policies of the Conservation Element of the General Plan and found development of this site to be consistent with these goals and policies. The Otay Ranch Phase Two Resource Management Plan requires conveyance of 1.18 acres of land to the Otay Ranch Preserve for every one-acre of developed land prior to approval of any Final Map. 6. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. No seismic faults have been identified in the vicinity of the Project according to the Otay Ranch SPA One Geotechnical Reconnaissance Report. 7. Public Safety All public and private facilities are expected to be reachable within the threshold response times for fire and police services. 8. Public Facilities The Applicant will provide all on-site and off-site streets, sewers and water facilities necessary to serve this Project. The developer will also contribute to the Otay Water District's improvement requirements to provide terminal water storage for this Project as well as other major projects in the eastern territories. /¢- 37 9. Noise The Project may include noise attenuation walls under review in an acoustic study currently being prepared for the Project. In addition, all units are required to meet the standards of the Uniform Building Code with regard to acceptable interior noise levels. 10. Scenic Highway The roadway design provides wide landscaped buffers along Olympic Parkway the only General Plan, GDP/SRP scenic highways adjacent to the Project. 11. Bicycle Routes The Project is required to provide on-site bicycle routes on East Palomar Street and Olympic Parkway as indicated in the regional circulation system of the General Plan and the Otay Ranch GDP. 12. Public Buildings Public buildings are not proposed on the Project site as part of the community purpose facility locations. The Project is subject to appropriate residential fees prior to issuance of building permits. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. VIII. CONSISTENCY WITH THE GENERAL PLAN The proposed Project is consistent with the General Plan for the following reasons: A. THE PROPOSED OTAY RANCH VILLAGE FIVE REVISED TENTATIVE SUBDIVISION MAP (C.V.T. 96-04B) IS CONSISTENT WITH THE OTAY RANCH GDP/SRP, AND OTAY RANCH SPA ONE AMENDMENTS, AND IS IN CONFORMITY WITH THE CHULA VISTA GENERAL PLAN. The Otay Ranch Village Five Revised Tentative Map (C.V.T. 96~04B) implements the recently approved Otay Ranch Sectional Planning Area (SPA) Plan Amendment, and reflects the land uses, circulation system, open space and recreational uses consistent with the Otay Ranch General Development Plan and Chula Vista General Plan. B. THE PROPOSED OTAY RANCH VILLAGE FIVE, REVISED TENTATIVE SUBDIVISION MAP (C.V.T. 96-04B) WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The proposed Otay Ranch Village Five Revised Tentative Map (C.V.T. 96-04B) implements the SPA One Plan amendmem and SPA One Public Facilities Financing Plan containing provisions and requirements to ensure the orderly, phased development of the project. C. THE PROPOSED OTAY RANCH VILLAGE FIVE, REVISED TENTATIVE SUBDIVISION MAP (C.V.T. 96-04B) IMPLEMENTATION WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The land uses within Otay Ranch are designed with an open space buffer adjacent to other existing projects, and future developments off-site and within the Otay Ranch SPA One. A comprehensive street network serves the Project and provides for access to off-site adjacent properties. The proposed plan closely follows all existing environmental protection guidelines and will avoid unacceptable off-site impacts through the provision of mitigation measures specified in the Otay Ranch Environmental Impact Report(s). IX. CONDITIONS OF APPROVAL The City Council hereby approves the Project subject to the conditions set forth in Exhibit "B", attached hereto. X. APPROVAL OF TENTATIVE SUBDIVISION MAP The City Council does hereby approve the Project subject to the conditions set forth in Section VII and Section IX listed above and based upon the findings and determinations on the record for this Project. XI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. XII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by: Approved as to form by: Robert A. Leiter John l~'a~cg'fiy//' t, Director of Planning and Building City Attorney PUBLIC/QUASI-PUBLIC OTAY WATER DISTRICT WILLOWS u ] not a part Single Family MCMmLiN ~INGLE iv~NDOCINO ELEMENTARY TRAILS ' SCEIOOL Single Family : FAMILY multi-family VISTA PARK PROJECT LOCATION OTAY RANCH VILLAGE 6 CHULA VISTA PLANNING AND BUILDING DEPARTMENT pROJECT DESCRIPTION: LOCATOR PROJECT OTAY PROJECTS, LP. APPLICANT' REVISED TENTATIVE SUBDIVISION MAP PROJECT Ota¥ Ranch, SPA One Request: Revise SPA Orle and TM 96-04 to allocate ADDRESS: V~i[age Five ~t~_unalloc~ted roulti-family units to neighboriJoods RzJOa&b and R-39. Related Cases: PCM-01-17, IS-01-043 /¢..t¥/ EX~T "A" Exhibit "B" Otay Ranch Village Five Revised Tentative Subdivision Map (Red Phase) (C.V.T. 96-04B) CONDITIONS OF APPROVAL Unless otherwise specified or required by law: (a) the conditions and Code requirements set forth below shall be completed prior to the related final map as determined by the Director of Planning and Building and the City Engineer (b) unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required the Applicant shall be required to provide subordination of any prior lien and easement holders in order to ensure that the City has a first priority interest and rights in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by the City. Should conflicting wording or standards occur between these conditions of approval, any conflict shall be resolved by the City Manager or designee. GENERAL/PRELIMINARY 1. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For purposes of'this document the term "Developer" shall also mean "Applicant". 2. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista General Plan; the City's Growth Management Ordinance; Otay Ranch General Development Plan, Otay Ranch Resource Management Plan, Phase 1 and Phase 2; Ranch Wide Aflbrdable Housing Plan; Overall Design Plan; Otay Ranch Sectional Planning Area (SPA) One Plan and supporting documents including: SPA One Public Facilities Finance Plan; SPA One Parks, Recreation, Open Space and Trails Plan; SPA One Affordable Housing Plan and the Non-Renewable Energy Conservation Plan as amended from time to time, unless specifically modified by the appropriate department head, with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. 3. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Applicant shall be notified 10 days in advance prior to 3_ any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. 4. Applicant shall indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Environmental Impact Report and subsequent environmental review for the Project and any or all entitlements and approvals issued by the City in connection with the Project. 5. The Project shall comply with all applicable SPA One conditions of approval, as may be amended from time to time. 6. Any and all agreements that the Applicant is reqtfired to enter in hereunder, shall be in a form approved by the City Attorney. 7. The terms, conditions and time limits associated with this tentative map shall be consistent with the Development Agreement approved by Ordinance No. 2679 by the City Council on July 16, 1996 ("Development Agreement") and as amended on October 22, 1996. ENVIRONMENTAL 8. The Applicant shall implement to the satisfaction of the Director of Planning and Building, all applicable environmental mitigation measures identified in EIR 95-01, subsequent EIR 97-03, the CEQA Findings of Fact for this Project (on file in the City Clerk's Office) and the Mitigation Monitoring and Reporting Program for the Otay Ranch SPA One Plan dated October, 1998 (on file in the City Clerk's Office). 9. Prior to the approval of each final "B" Map, the Applicant shall comply with all applicable requirements of the Phase 1 Resource Management Plan (RMP 1), as approved and adopted by the City Council on October 28, 1993, and Phase 2 Resource Management Plan (RMP2) as approved by the City Council on June 4, 1996 and as may be amended from time to time by the City. 10. Prior to the approval of each final "B" Map, the Applicant shall comply with the Otay Ranch Resource Preserve Conveyance Plan, as approved by the City Council on June 4, 1996. 11. The Applicant shall comply with the terms of the Conveyance Agreement, as may be amended from time to time, adopted by Resolution No. 18416 by the City Council on October 22, 1996 ("Conveyance Agreement"). 12. The Applicant shall comply with any applicable requirements of the California Department of Fish and Game, the California State Water Quality Resources Control Board, the U.S. Department ofFish and Wildlife Service and the U.S. Army Corps of Engineers. SPECIAL CONDITIONS OF APPROVAL 13. The following conditions of approval are based upon the project having multiple Final Maps for the entire subdivision, which shall be referenced hereinafter as "Final 'B' Maps". Unless otherwise specified, all conditions and code requirements listed below shall be fully completed to the City's reasonable satisfaction prior to approval of the first Final 'B' Map. 14. Prior to the issuance of the first building permit for either parcel R-30A or R-30B, a parcel map may be submitted upon request of the City Engineer and subject to the approval of the City Engineer. 15. Prior to approval of the first final "B" map within the tentative map, and upon the request of the City Engineer, the developer may submit and obtain the approval of the City of a master final map ("A" Map) over the portion of the tentative map within each area showing "super block" lots corresponding to the units and phasing or combination of units and phasing thereof. Said "A" map shall also show open space lot dedications, the backbone street dedications and utility easements required to serve the "super block" lots created by this "A" Map. All "super block" lots created by this "A" Map or parcel map shall have access to a dedicated public street. A lot line adjustment, if utilized in accordance with City standards and procedures, shall not be considered the first "A" Map. The "A" Map may contain single- family residential units. 16. The subsequent development of a multi-family lot which does not require the filing ofa "B" map shall meet, prior to issuance of a building permit for that lot, all the applicable conditions of approval of the tentative map, as determined by the City Engineer. Construction of non-backbone streets adjacent to multiple-family lots will be required to be constructed under the Municipal Code provisions requiring construction of street improvements under the design review and building issuance permit processes. 17. To the satisfaction of the Director of Planning and Building, the Applicant shall provide 1.7 acres of Community Purpose Facility land in their ownership in Village Two in order to fulfill the additional SPA One Community Purpose Facility obligation for the Project. 18. In the event of a filing of a final 'B' map which requires oversizing of the improvements necessary to serve other properties, said final map shall be required to install all necessary improvements to serve the project plus the necessary oversizing of facilities required to serve such other properties (in accordance with the restrictions of state taw and City ordinances). DESIGN 19. Any proposed monumentation/signage shall be consistent with the SPA One Village Design Plan and shall be reviewed and subject to the approval of the Director of Planning and Building prior to approval of the appropriate final map. 3 20. Applicant shall provide stop sign controls, to the satisfaction of the City Engineer, prior to the approval of street improvement plans at Santa Rosa Drive and San Sebastian Avenue, Santa Rosa Drive and Geyserville Street, Geyserville Street and Jamestown Place, Parker Mountain Court and Jamestown Place, Geyserville Street and Parker Mountain Court. 21. Applicant shall obtain the approval of the City's Fire Marshal for the timing of construction of all internal streets in the Project. 22. The Applicant shall comply with the requirements of City's Fire Department's policy for Fire Prevention, as may be amended from time to time. In particular, the Applicant shall provide the following items prior to delivery of combustible materials on any construction site on the Project: a. Water supply consisting of fire hydrants as approved and indicated by the Fire Department during plan check to the satisfaction of the Fire Department. Any temporary water supply source is subject to prior approval by the Fire Marshal; and, b. Vehicle access consisting of an asphalt or concrete surface, with a minimum standard width of 20 feet designed to the satisfaction of the City Engineer, and the Director of Public Works; and, c. Street signs installed to the satisfaction of the Department of Public Works. The Department of Public Works and Fire Department may approve temporary street signs. Locations and identification of temporary street signs shall be subject to review and approval by the Department of Public Works and Fire Department. 23. All fire hydrant locations shall be subject to the review and approval of the Fire Marshal. 24. Prior to issuance of building permits for the R-3 OB, Applicant shall provide a 20-foot wide pedestrian and secondary (emergency) access from the southwest comer of R-30B to Santa Rosa Drive. The ultimate location of said access shall be submitted and subject to the review and approval of the Director of Planning and Building and Fire Marshal. 25. In addition to the requirements outlined in the City of Chula Vista Landscape Manual, privately maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to soften their appearance as follows: one 5-gallon or larger size tree per each 150 square feet of slope area, one 1-gallon or larger size shrub per each 100 square feet of slope area, and appropriate groundcover. Trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. Landscape and irrigation plans for private slopes shall be reviewed and subject to the approval of the Director of Planning and Building prior to approval of the appropriate final map. 26. A comprehensive fence and wall plan for the Project, indicating color, materials, height and location shall be reviewed and subject to the approval of the Director of Planning and Building prior to approval of the first final "B" Map for the Project. Materials and color used 4 shall be compatible and all walls located in comer side-yards or rear yards facing public or private streets or pedestrian connections shall be constructed of a decorative masonry and/or wrought iron material. Prior to submittal of the fence and wall plan, a revised acoustical analysis for Neighborhoods R-30A, R~30B and R-39 shall be prepared by the Applicant and subject to review and approval by the Director of Planning and Building indicating if view fencing, such as a combination of masonry and wrought iron, is allowable at the perimeter of the Project or at any other lots backing up to East Palomar Street, Olympic Parkway, San Sebastian Avenue and at the eastern edge of the Project adjacent to future State Roate 125. If such fencing is allowable per the final acoustical analysis it shall be provided at the ends of such streets as determined by the Director of Planning and Building. View fencing shall be provided at the ends of all other open cul-de-sacs where a sound wall is not required. Any combination free standing/retaining walls shall not exceed 8.5 feet in height. Visible height shall not exceed 6-feet. The Applicant shall submit a detail and/or cross section of the maximum/minimum conditions for all "combination walls" which include retaining and free standing wails. Said detail shall be reviewed and subject to the approval of the Director of Plmming and Building prior to the approval of the first final "B" map. The maximum height of all retaining walls shall be 2.5 feet in height when combined with freestanding walls, which are six feet in height. A 2-3 foot separation shall be provided between free standing and retaining walls where the combined height would otherwise exceed 8.5 feet. 27. The developer shall install public facilities in accordance with the Otay Ranch SPA One, Public Facilities Finance Plan (PFFP) as may be amended from time to time or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Director of Plalming and Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. STREETS, RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS 28. Developer shall dedicate for public use all the public streets shown on the tentative map within the subdivision boundary. Prior to the approval of the first map for the Project, the Applicant shall construct or enter into an agreement to construct and secure all street improvements as required by the PFFP, for each particular phase, as may be amended from time to time. The Developer shall construct the public improvements and provide security satisfactory to the City Engineer and City Attorney. The City Engineer and Director of Planning and Building may, at their discretion, modify the sequence, schedule, alignment and design of improvement construction should conditions change to warrant such a revision. 29. Secure in accordance with Section 18.16.220 of the Municipal Code, as necessary, the construction and/or construct full street improvements for all on-site and off-site streets as identified in the Otay Ranch SPA One PFFP, as may be amended from time to time deemed necessary to provide service to the subject subdivision. Said improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water and water utilities, drainage facilities, street lights, traffic signals, signs, landscaping, irrigation, fencing and fire hydrants. Street light locations shall be approved by the City Engineer. 5 Street cross sections shall conform to the cross sections shown on the tentative map, unless otherwise conditioned or approved herein. All other design criteria shall comply with the current Chula Vista Design Standards, Chula Vista Street Design Standards, and the Chula Vista Subdivision Manual unless otherwise conditioned or approved herein. 30. As part of the improvement plans associated with the final "B" Map which triggers the installation of the related street improvements, install a fully activated traffic signal including interconnect wiring at the following intersections: a. East Palomar and Olympic Parkway b. East Palomar and Santa Rosa Drive Install underground improvements, standards and luminaries with construction of street improvements, and install mast arms, signal heads and associated equipment as determined by and upon the request of the City Engineer. 31. Submit to and obtain approval by the City Engineer of striping plans for all collector or higher classification streets simultaneously with the associated improvement plans. 32. Construct a temporary turnaround or street improvements, upon the request of and as determined necessary by the City Engineer and Fire Marshal, at the end of temporarily stubbed streets greater than 150 ft. in length (as measured from the nearest street centerline intersection. 33. Design all vertical and horizontal curves and intersection sight distances to conform to the Caltrans Highway Design Manual. All streets, which intersect other streets at or near horizontal or vertical curves must meet intersection design sight distance requirements in accordance with City standards. Sight visibility easements shall be granted as necessary to comply with the requirements in the Caltrans Highway Design Manual and City of Chula Vista policies, where a conflict exists, the City of Chula Vista policies shall prevail. Lighted SAG vertical curves will be permitted, with the approval of the City Engineer, at intersections per AASHTO standards. 34. Waiver Nos. 1 and 2, as indicated on the cover sheet of the tentative map, are approved, subject to the provision that the design speed for horizontal and vertical curves on private streets shall be 25 mph in lieu of 15 mph as provided for in the Chula Vista Subdivision Manual. 35. Enter into an agreement with the City, prior to the approval of the first final map where the developer agrees to the following: a. Fund and install Chula Vista transit stop facilities within the tentative map boundary when directed by the Director of Public Works. The improvement plans for said stops shall be prepared in accordance with the transit stop details described in the 6 Village Design Plans and subject to the review and approval of the Directors of Planning and Building and Public Works. b. Not protest the formation of any future regional benefit assessment district to finance the MTDB San Diego Trolley LRT System. 36. The Applicant shall install all street trees in accordance with Section 18.28.10 of the Chula Vista Municipal Code. All street trees shall be planted in parkways, or as otherwise approved by the Director of Planning and Building. Street trees, which have been selected from the revised list of appropriate tree species described in the Village Design Plan, shall be approved by the Director of Planning and Building and Director of Public Works. Prior to the installation of any dry utilities, including but not limited to cable, telephone, gas or electric lines, Applicant agrees to complete preliminary street improvement plans that show the location of all future street trees, which will be subject to the review and approval of the Director of Parks & Recreation and the Director of Planning & Building. Prior to any utility installation, wood stakes shall be placed by the Applicant on site according to approved preliminary street tree plans and shall be painted a bright color and labeled as future street tree location. Applicant further agrees to provide City documentation, acceptable by the Director of Parks and Recreation and the Director of Planning and Building, that all utility companies have been given notice that no dry utility line shall be located within five feet of the wood stake in any direction. Applicant will maintain street tree identification stakes in location as shown on approved preliminary plans until all dry utilities are in place. The Applicant shall provide root control methods per the requirements of the Director of Planning and Building, and provide a deep watering irrigation system for the trees. A street tree improvement plan shall be submitted for review and subject to the approval of the Director of Planning and Building and the City Engineer prior to or concurrent with the second submittal of street improvement plans within the subdivision. Approval of the street tree improvement plans shall constitute final approval of the selection of street trees for the street parkways. 37. The developer shall construct sidewalks and construct pedestrian ramps on all walkways to meet "Americans with Disabilities Act" standards and as approved by the City Engineer. In the event the Federal Government adopts ADA standards for street rights-of-way, which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by Federal regulations, only after construction has commenced. 38. Prior to the issuance of any rough grading permit for the Project, the Applicant shall submit a study showing that all curb returns for any intersections in excess of 4% located within the permit boundaries comply with all "Americans with Disabilities Act" standards at the front and back of sidewalks. 39. On streets where cul-de-sacs are 150 feet or less in length, the Applicant shall provide a twenty-foot setback on driveways from property line to garage and sectional roll-up type 7 garage doors except as provided for in the Planned Community District Regulations or approved by the City Engineer and the Director of Planning and Building. 40. Residential Street Condition 'A' as denoted on the cover page of the tentative map is the preferred section and shall be implemented on all residential streets, unless otherwise approved by the City Engineer and Director of Planning and Building. 41. The developer shall not install privately owned water, reclaimed water, or other utilities crossing any public street. This shall include the prohibition of the installation of sleeves for future construction of privately owned facilities. The City Engineer may waive this requirement if the following is accomplished: a. The developer enters into an agreement with the City where the developer agrees to the following: (i) Apply for an encroachment permit for installation of the private facilities within the public right-of-way. (ii) Maintain membership in an advance notice such as the USA Dig Alert Service. (iii) Mark out any private facilities owned by the developer whenever work is performed in the area. The terms of this agreement shall be binding upon the successors and assigns of the developer. b. Shutoff devices as determined by the City Engineer are provided at those locations where private facilities traverse public streets. 42. Street names shall be as on the approved tentative map. 43. The typical cross section of Olympic Parkway including the right-of-way, regional trail, and meandering sidewalks shall conform to the final Olympic Parkway Master Landscape Plan by Estrada Land Planning, Inc, as may be amended from time to time. The Regional Trail shall be located on the north side of Olympic Parkway as determined by the Director of Planning and Building. 44. Alleys openings shall be per San Diego Regional Standard Drawing No. G-17, or City approved modifications thereto. Additional requirements may be imposed by the City on alleys to address specific geometric and other design issues that may arise during the review of the site plan and/or improvements plans for Neighborhood R-39. These requirements shall include but may not be limited to: minimum turning radius for alleys, comer chamfers, alley signage, lighting and unit addressing GRADING AND DRAINAGE 45. Storm drain systems that collect water from private property shall be designated private on grading and drainage and/or improvement plans to the point of connection with a public system or to the point at which storm water that is collected from public street right-of-way, public park or open space areas is first introduced into the system. Downstream from that point, the storm drain system shall be public. An encroachment permit shall be processed and approved by the City for private storm drains within the public right-of-way or within C.F.D. maintained Open Space lots. 46. Submit with grading and drainage and/or improvement plans, as applicable, hydrologic and hydraulic studies and calculations, including dry lane calculations for all public streets. Calculations shall also be provided to demonstrate the adequacy of downstream drainage structures, pipes and inlets. 47. Prior to the issuance of any grading permit for the project which impacts off-site property, the Applicant shall deliver to the City, a notarized letter of permission to grade and drain signed by the owner(s) of any and all proposed off-site grading. The letter shall clearly state that the off-site property owner has reviewed the subject grading plan and understands the scope of work involved to which he/she is granting permission. The letter shall have an exhibit attached, initialed by the off-site property owner, which clearly shows the proposed off-site grading. 48. Storm drain design shall conform to the requirements of the Subdivision Manual and the Grading Ordinance as may be amended from time to time. 49. Provide improved all-weather access with H-20 loading to all storm drain clean-outs or as otherwise approved by the City Engineer. 50. Provide a setback, as determined by the City Engineer, between the property lines of the proposed lots and the top or toe of any slope to be constructed where the proposed grading adjoins undeveloped property or property owned by others. The City Engineer will not approve the creation of any lot that does not meet the required setback. 51. All grading and pad elevations shall be within 2 feet of the grades and elevations shown on the approved tentative map or as otherwise approved by the City Engineer and Director of Planning and Building. 52. Submit a list of proposed lots with the appropriate grading plan indicating whether the structure will be located on fill, cut or a transition between the two situations unless otherwise approved by the City Engineer. 53. Grant on the appropriate final "B" map a 15 feet minimum drainage and access easement for storm drain lines located between residential units unless otherwise directed by the City Engineer. 'All other easements shall meet City standards for required width. 54. Provide runoff detention basins or other facilities approved by the City Engineer to reduce the quantity of runoff from the development to an amount equal to or less that the present 100-year frequency runoff. 55. Development of the subdivision shall comply with all applicable regulations established by the United States Enviromnental Protection Agency (USEPA) as set forth in the National Pollutant Discharge Elimination System (N.P.D.E.S.) pem~it requirements for urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the N.P.D.E.S. regulations or requirements. Further, the Applicant shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the N.P.D.E.S. General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. The developer shall comply with all the provisions of the N.P.D.E.S. and the Clean Water Program during and after all phases of the development process, including but not limited to: mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The Applicant shall design the Project's storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer. 56. Prior to the approval of the first final map, or issuance of the first grading permit for the Project, whichever occurs earlier, enter into an agreement with the City of Chula Vista, wherein the Developer agrees to the following: a. Comply with the requirements of the new Municipal Storm Water Permit (Order No. 2001-01) issued by the San Diego Regional Water Quality Control Board, including revision of plans as necessary. b. Indemnify, and hold harmless the City, its elected and appointed officers and employees, from and against all fines, costs, and expenses arising out of non- compliance with the requirements of the NPDES regulations, in connection with the execution of any construction and/or grading work for the Project, whether the non- compliance results from any action by the Developer, any agent or employee, subcontractors, or others. The Developer's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City. c. That the City Engineer may require incorporation of Standard Urban Water Mitigation Plan (SUSMP) requirements during the implementation period preceding the adoption of the local SUSMP by the City for all priority projects or phases of priority projects 10 undergoing approval process, in accordance with Order No. 2001-01, NPDES No. CAS0108758 Municipal Permit, as determined by the City Engineer. d. To not protest the formation of a facilities benefit district or any other funding mechanism approved by the City to finance the operation, maintenance, inspection, and monitoring of NPDES facilities. This agreement to not protest shall not be deemed a waiver of the right to challenge the amount of any assessment, which may be imposed due to the addition of these improvements and shall not interfere with the right of any person to vote in a secret ballot election. The above noted agreement shall run with the entire land contained within the Project. 57. Storm drain clean outs shall not be located on slopes or in inaccessible areas for maintenance equipment. Public storm drains shall be installed as close to perpendicular to the slope contours as possible but in no case greater than 15 degrees from perpendicular to the contours. 58. Brow ditches that cross over slopes greater than 10 feet in height and steeper than 3:1 gradient shall not be allowed. Drainage shall be collected in an inlet and carried via underground storm drain to the bottom of the slope or a drain inlet connected to an underground storm drain. The Applicant shall ensure that brow channels and ditches emanating from and/or running through City Open Space are not routed through private property. Brow ditches and channels from private property shall not be routed through City open space m~less approved by the City Engineer. 59. Obtain, prior to approval of the first final "B" Map, the approval of the Director of Public Works of any amendment necessary to make the Master Drainage plan consistent with the approved Tentative Map. Prior to issuance of each grading permit for the Project, prepare and obtain approval by the City Engineer, Director of Planning and Building of an erosion and sedimentation control plan. 60. Indicate on all affected grading plans that all walls, which are to be maintained by open space district's shall be constructed entirely within open space lots dedicated to the City. 61. Unless otherwise provided by the Olympic Parkway Financing and Construction Agreement dated April 20, 1999, prior to issuance of any grading permit for any land that is contained within the Tentative Map and within the Poggi Canyon Basin, the Applicant shall secure the required permits from the Army Corps of Engineers (ACOE) and the California Department offish and Game (CDFG). No grading adjacent to the Poggi Canyon shall occur without prior consultation with the City Mitigation Monitor, and the City Engineer. 62. The maintenance road turnaround at the north side of the Poggi Canyon Channel shall be relocated, if necessary and upon request as determined by and to the satisfaction of the City Engineer. 3_3_ SEWER 63. All sewer access points shall be located at the centerline of streets or cul~de-sacs unless otherwise approved by the City Engineer and Director of Public Works. 64. Provide sewer access points at all changes of alignment of grade unless otherwise approved by the City Engineer. Sewers serving 10 or less equivalent dwelling units shall have a minimum grade of 1%. 65. Design and construct all sewers ending in a cul-de-sac with a sewer access points placed in the center of the cul-de-sac, unless otherwise approved by the City Engineer. 66. Prior to the approval of the first grading plan for the project, provide an access road with a minimum width of 12 feet to all sanitary sewer access points located outside ora street. The access roadway shall be provided with minimum 6-inch thick PCC pavement with a minimum reinforcement of #4 bars at 18 inches each way, but in no case shall the roadway be designed for less than an H-20 wheel load or other loading as approved by the City Engineer. Sewer lines shall be installed as close to perpendicular to the slope contours as possible but in no case greater than 15 degrees from perpendicular to the contours. 67. Grant on the appropriate final "B" Map a 20 feet minimum sewer and access easement for sewer lines located between residential units unless otherwise directed by the City Engineer. All other easements shall meet City standards for required width. 68. No diversion from the natural boundaries of the Poggi Canyon Sewer Basin will be allowed unless approved by the City Engineer. Only temporary diversion may be approved and only in the event of lack of capacity for the Project in the Poggi Canyon trunk sewer or sewer facilities farther downstream. Prior to the approval of any diversion by pumping to the Telegraph Canyon Basin, the Applicant shall enter into an agreement with the City to finance the costs associated with the installation, operation, maintenance, repair, replacement and eventual decommissioning and removal of any required pumping station and connection of the Project to the Poggi Canyon trunk sewer (when capacity is available), in accordance with City Council Policy 570-03 (Sewage Pump Station Financing Policy). The Applicant shall pay the Telegraph Canyon Pumped Flow Sewer DIF prior to the issuance of building permits for any dwelling units in the Project pumping to the Telegraph Canyon Basin. 12 PARKS AND OPEN SPACE 69. The project shall satisfy the requirements of the Park Land Dedication Ordinance (PLDO). The ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1,000 per residents. Local parks are comprised of community parks and neighborhood parks. 70. The Applicant shall agree and acknowledge in writing, prior to the first "A" map and subsequent to this tentative map, that approval of the Project creates an additional 2.61 acres of parkland obligation ("Additional Park Land Obligation"). The Applicant's Additional Park Land Obligation shall be satisfied through the dedication of Community parkland and the payment of community park improvement fees. 71. Prior to the approval of the first "B" map for the Project, the Applicant shall submit and be subject to the approval of the Director of Parks and Recreation, a community park delivery schedule that demonstrates delivery of the community park within a time frame deemed reasonable by the Director of Parks and Recreation. 72. The Applicant shall deliver to the City contemporaneously with the first "A" map for the Project an Irrevocable Offer of Dedication for 2.61 acres of real property for Community Park dedication within the Applicant's property in Village Two in a location acceptable to the Director of Parks and Recreation, or as otherwise determined by the Director of Parks and Recreation. 73. The location of the Additional Parkland Obligation (Community Park) shall be within a services radius of SPA One as defined in the GDP, and deemed acceptable by the Director of Parks and Recreation. The Additional Parkland Obligation (Community Park) may ultimately be aggregated with other parkland, subject to approval by the Director of Parks and Recreation. Upon request of the Director of Planning and Building, the Applicant shall amend the Otay Ranch GDP to reflect the actual location of the community park, and any amendment shall be at the Applicant's expense. 74. Prior to the issuance of the first building permit for either Neighborhood R-30 or R-39, whichever occurs first, Applicant shall complete construction of Heritage Park (P-l) in Village One. "Complete Construction" means that construction of Park P-1 has been completed to the satisfaction of the Director of Parks and Recreation, but shall be prior to and shall not include the City's established maintenance period required prior to acceptance of the park by the City for public use. 75. Within 30 days of approval of this Tentative Map the Applicant shall submit an Amendment to the Otay Ranch Park Agreement ("Agreement") to the Director of Parks and Recreation to incorporate these tentative map conditions. The Applicant shall fully cooperate with the City in the Amendment to the "Agreement" to reflect all applicable current parkland and park improvement obligations. 13 76. Trails/Open Space: a. All trails shall be bonded/secured and constructed with the approved rough grading, and connect to adjoining existing and/or proposed trails in neighboring development projects, as determined by the Director of Parks and Recreation b. The Applicant shall construct the Regional Trail on the north side of Poggi Canyon (Olympic Parkway) for the entire length of Olympic Parkway in Village One, and shall be designed to incorporate the Olympic Parkway Landscape Master Plan by Estrada Land Planning, Inc. as approved by the City and as amended from time to time, including the "tree planting nodes" as specified in the Olympic Parkway Landscape Master Plan. The Regional Trail shall meander away from the curb as much as possible avoiding the "tree planting nodes". If retaining walls are necessary, they should be kept to a minimum and/or ifa grading solution can be found, retaining walls will not be used to gain additional space for the street corridor. The retaining walls are to be located and detailed on the Grading Plans for Olympic Parkway and/or the Poggi Canyon Drainage Channel, and subject to the approval of the Directors of Planning and Building and Public Works. Slopes gradients may be increased to the maximum permitted in the grading ordinance in limited locations to accommodate the "tree planting nodes" and maintenance access ways. Landform grading policies shall be observed. If a combination of low retaining walls and modified landform grading cannot accommodate "tree planting nodes" and maintenance access areas, the top of slope shall be adjusted as necessary. g. Prior to the installation of the Regional Trail, install a fence along those portions of the proposed maintenance access roads of the Poggi Canyon Channel, which are proposed to be incorporated into the Regional Trail System. The fence shall be erected only at those locations where its installation will not interfere with the normal channel maintenance. The specific locations where the fence will be allowed and the fence details shall be as determined by the City Engineer and Director of Parks and Recreation. OPEN SPACE/ASSESSMENTS 77. Prior to the approval of the first final "B" Map, the developer shall: a. Submit and obtain approval of a revised Otay Ranch SPA One Maintenance Responsibility Map from the Director of Planning and Building, which shall include delineation of private and public streets. b. Submit evidence, acceptable to the City Engineer and the Director of Planning and Building prior to approval of the first "B" Map of the formation of a Master Homeowner's Association (MHOA), or another financial mechanism acceptable to the City Manager. The MHOA shall be responsible for the maintenance of those 14 landscaping improvements that are not to be included in the proposed Open Space District. The City Engineer and the Director of Planning and Building may require that some of those improvements shall be maintained by the Open Space District. The final determination of which improvements are to be included in the Open Space District and those to be maintained by the MHOA shall be made during the Open Space District Proceedings. The MHOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Planning and Building require such annexation of future tentative map areas. The MHOA formation documents shall be approved by the City Attorney. 78. Prior to the approval of the first map within the Project, the Applicant shall offer for dedication in fee interest to the City, all numbered open space lots shown on the tentative map. Execute and record an irrevocable offer of dedication of fee interest for each of the lots to be maintained by the City through the open space district. 79. Future property owners shall be notified during escrow, by a document to be initialed by the owners, of the maintenance responsibilities of the MHOA and their estimated annual cost. Developer shall submit the document and obtain the approval of the City Engineer and Director of Planning and Building prior to distribution through escrow. 80. For any open space lot within the project for which a rough grading permit has been issued prior to the approved Landscape and Irrigation plans for such lot, security shall be provided prior to issuance of the rough grading permit, and to the satisfaction of the Director of Planning and Building, City Engineer, City Attorney and Director of Parks and Recreation. 81. Grade a level, clear area at least three feet wide (face of wall to top of slope), along the length of any wall abutting an open space district lot, as measured from face-of-wall to beginning of slope. Said area shall be as approved by the City Engineer and the Director of Planning and Building. 82. Ensure that all buyers of lots adjoining open space lots containing walls maintained by the open space district sign a statement, when purchasing their homes, stipulating that they are aware that the walls are on City property and that they shall not modify or supplement the wall or encroach onto City property. These restrictions shall also be incorporated in the CC&R's for each lot. 83. The developer agrees to not protest formation or inclusion in a maintenance district or zone for the maintenance of landscaped medians and scenic corridors along streets within or adjacent to the subject subdivision. 84. Prior to issuance of any grading permit which includes Landscaping and Irrigation (L&I) improvements to be installed in an open space lot to be maintained by the Community Facility District (CFD), the developer shall place a cash deposit with the City which will guarantee the maintenance of the L&I improvements until the City accepts said improvements. In the event the improvements are not maintained to City standards as ~_5 determined by the City Engineer and the Director of Parks and Recreation, the deposit shall be used to perform the maintenance. The amount of the deposit shall be equivalent to the estimated cost of maintaining the open space lots to City standards for a period of six months, ("Minimum Deposit Amount"), as determined by the City Engineer. Any unused portion of said deposit may be incorporated into the CFD's Reserve Account, or returned to the Developer, according to the following: a. If, six months prior to the scheduled date of acceptance of Landscape and Irrigation improvements for maintenance by the CFD, the Reserve Account is less than the Minimum Deposit Amount, the difference between these two amounts shall be incorporated into the Reserve Account, or; b. If the Reserve Account is at or above the Minimum Deposit Amount, the unused portion of the deposit may be returned to the Developer in 6 equal monthly increments over the last six month's of the maintenance period if the maintenance is being accomplished to the satisfaction of the Director of Parks and Recreation. UTILITIES 85. Present verification to the City Engineer in the form of a letter from Otay Water District that the subdivision will be provided adequate water service and long-term water storage facilities. 86. All utilities within the subdivision shall be underground in accordance with the Municipal Code. Present verification to the City Engineer in the form of a letter from Sempra Energy, Pacific Bell and/or similar entities and cable service providers that electrical, telephone and cable service distribution facilities within the subdivision will be underground. EASEMENTS 87. Grant to the City a 10' wide easement for general utility purposes along public street frontage of all open space lots offered for dedication to the City unless otherwise approved by the City Engineer. 88. Indicate on all appropriate "B" Maps a reservation of easements to the future Homeowners Association for private storm drain, if any, within open space lots as directed by the City Engineer. Obtain, prior to approval of each final "B" Map, all off-site right-of-way necessary for the installation of the required improvements for that subdivision thereto. The developer shall also provide easements for all on-site and off-site public drainage facilities, sewers, maintenance roads, and any other public facilities necessary to provide service to the subject subdivision. 89. Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on any final map that proposes private utilities or drainage facilities crossing property lines as directed by the City Engineer. 90. Grant to City on all appropriate final "B" Map two foot access easements along the rear and side property line of lots adjoining walls to be maintained by the open space district. The locations of these easements shall be as required by the Director of Planning and Building and the City Engineer to provide adequate access for maintenance of said walls. 91. Storm drain easements shall be private unless the storm drain systems therein are public. 92. Where a private storm drain easement will parallel a public sewer easement, the easements shall be delineated separately on the final map and on the grading and improvement plans. If any portion of the easements will overlap one another, the City shall have a superior right to the common portion of the easements. 93. Prior to the approval of each final map, the City Engineer may require either the removal or the subordination of any easement, which may unreasonably interfere with the full and complete exercise of any required public easement or right-of-way. 94. The developer shall notify the City at least 60 days prior to consideration of the final map by City if any off-site right-of-way cannot be obtained as required by the Conditions of approval. (Only off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.) After said notification, the developer shall: a. Pay the full cost of acquiring off-site right-of-way and/or easements required by the Conditions-of Approval of the tentative map. b. Deposit with the City the estimated cost of acquiring said right-of-way and/or easements. Said estimate to be approved by the City Engineer. c. Have all easements and/or right-of-way documents and plats prepared and appraisals complete which are necessary to commence condemnation proceedings as determined by the City Attorney. d. Request that the City use its powers of Eminent Domain to acquire right-of-way, easements or licenses needed for off-site improvements or work related to the final map. The developers shall pay all costs, both direct and indirect incurred in said acquisition. The requirements ora, b, and c above shall be accomplished prior to the approval of the first Final "B" Map. 2I_7 AGREEMENTS/FINANCIAL 95. Enter into a supplemental agreement with the City, prior to approval of each Final Map, where the developer agrees to the following: a. That the City may withhold building permits for the subject subdivision if any one of the following occur: (i). Regional development threshold limits set by the Chula Vista Transportation Phasing Plan, as amended from time to time, have been reached or in order to have the Project comply with the Growth Management Program, as may be amended from time to time. (ii). Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards in the then effective Growth Management Ordinance. (iii). The required public facilities, as idemified in the PFFP or as amended or otherwise conditioned have not been completed or constructed to the satisfaction of the City. The developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such ca. se, the PFFP may be amended as approved by the City's Director of Planning and Building and the Public Works Director. b. To defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. c. To ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Developer agrees that the City of Chula Vista may gram access to cable companies franchised by the City of Chula Vista to place conduit within the City's easement situated within the Project. Developer shall restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. d. That the City may withhold the issuance of building permits for the Project, should 18 the Developer be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach e. Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 96. Enter into an supplemental agreement with the City prior to approval of the first final "B" Map, where the developer agrees to the following: a. Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). b. To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities. 97. The Applicant shall comply with all previous Agreements as they pertain to the tentative map. MISCELLANEOUS 98. Within thirty (30) days of the City Council approval of these map conditions, or prior to the submittal of the first final map for the project, whichever occurs first, the Developer shall submit a digital drawing file of the tentative map in its approved form. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file shall combine all map sheets into a single CADD drawing, in DXF, DWG or ArcView (GIS) format and shall contain the following individual layers: a. Subdivision Boundary (closed polygons) b. Lot Lines (closed polygons) c. Street Centerlines (polylines) d. Easements (polylines) e. Street Names (annotation) f. Lot Numbers (annotation) The digital drawing file shall be submitted in accordance with the City Guidelines for Digital Submittal on 3 ½" disks, as an e-mail attachment to the City Engineer or as otherwise approved by the City Engineer. 99. Submit copies of all final maps, grading and improvement plans in a digital format. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file of the final maps shall combine all map sheets into a single CADD drawing, in DXF, DWG or ArcView (GIS) format and shall contain the following individual layers: a Subdivision Boundary (closed polygons) b. Lot Lines (closed polygons) ~_9 c. Street Centerlines (polylines) d. Easements (polylines) e. Street Names (annotation) f. Lot Numbers (annotation) The final map, grading plan and improvement plan digital files shall also conform to the City of Chula Vista Subdivision Manual requirements therefore. The digital drawing files shall be submitted in accordance with the City Guidelines for Digital Submittal on 3 ½" disks, as an e-mail attachment to the City Engineer or as otherwise approved by the City Engineer. 100. Tie the boundary of the subdivision to the California System-Zone VI (1983). 101. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the CVMC) and the Otay Ranch General Development Plan (GDP), and as they may be amended from time to time, the Applicant shall complete the following: (1) Fund the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP; and (2) Prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPA's and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities. 102. The owners of each Village shall be responsible for retaining a project manager to coordinate the processing of discretionary permit applications originating from the private sector and submitted to the City of Chala Vista. The project manager shall establish a formal submittal package required of each developer to ensure a high standard of design and to ensure consistency with standards and policies identified in the adopted SPA Plan. The project manager shall have a well-rounded educational background and experience, including but not limited to land use plarming and architecture. 103. If developer desires to do certain work on the property after approval of the tentative map but prior to recordation of the applicable final "B" Map, they may do so by obtaining the required approvals and permits from the City. The permits can be approved or denied by the City in accordance with the City's Municipal Code, regulations and policies. Said permits do not constitute a guarantee that subsequent submittals (i.e., final "B" Map and improvement plans) will be approved. All work performed by the developer prior to approval of the applicable "1~" Map shall be at the developers own risk. Prior to permit issuance, the developer shall acknowledge in writing that subsequent submittals (i.e., final "B" Map and improvement plans) may require extensive changes, at developers cost, to work done under such early permit. Prior to the issuance ora permit, the developer shall post a bond or other security acceptable to the City in an amount determined by the City to guarantee the rehabilitation of the land if the applicable final "B" Map does not record. 20 PHASING 104. If phasing is proposed within an individual map or through multiple final maps, thc developer shall submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning and Building prior to approval of any final map. Improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by thc City Engineer and Director of Planning and l~uilding. The City reserves thc right to require said improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet thc requirements of police and fire departments. Thc City Engineer and Director of Planning and Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. Thc developer agrees that thc City Engineer may change the timing of construction of the public facilities. 105. Thc Public Facility Finance Plan and all revisions thereto shall be adhered to for thc SPA and tentative map with improvements installed in accordance with said plan or as required to meet threshold standards adopted by thc City of Chula Vista. Thc PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of thc project area. Throughout the build-out of SPA One, actual development may differ from the assumptions contained in the PFFP. Neither thc PFFP nor any other SPA One document grant the Applicant an entitlement to develop as assumed in thc PFFP, or limit the SPA One's facility improvement requirements to those identified in thc PFFP. Compliance with thc City of Chula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern SPA One development patterns and the facility improvement requirements to serve such development. In addition, the sequence in which improvements arc constructed shall correspond to any future Chula Vista Transportation Phasing Plan or amcndmant to the Growth Managcmant Program and Ordinance adopted by thc City. Thc City Engineer may modify thc sequence of improvement construction should conditions change to warrant such a revision. The Otay Ranch SPA One PFFP, at thc Applicant's expense and subject to a Reimbursement Agreement, shall be updated no later than six ((i) months after the approval of a PFFP for thc EastLak¢ III GDP Area, and the conclusions of such updatc~ including without limitation, the nature, sizing, extent and timing for thc construction of public facilities caused by SPA One, shall become a condition for all subsequent SPA One entitlements, including tentative and final maps. Developer agrees that the City Engineer may change the timing of construction of the public facilities. CODE REQUIREMENTS Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall bc in accordance with thc provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 23_ 107. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 108. Pay the following fees in accordance with the City Code and Council Policy, as may be amended from time to time: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees. d. Interim SR-125 impact fee. e. Poggi Canyon Sewer Basin DIF. Pay the amount of said fees in effect at the time of issuance of building permits. 109. Comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The developer shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 110. Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments. Submit the disclosure form for approval by the City Engineer prior to Final Map approval. 111. Comply with Council Policy No. 522-02 regarding maintenance of natural channels within open spaces. 112. The Applicant shall comply with all aspects of the City of Chula Vista Landscape Manual. 113. All proposed development shall be consistent with the Otay Ranch SPA One Planned Community District Regulations. 114. The Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). The Applicant acknowledges that the City is presently in the process of amending its Growth Management Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to construction of State Route 125. Said provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a proposed development as a prerequisite to final map approval for that development, and the 22 Applicant hereby agrees to comply with adopted amendments to the Growth Management Ordinance. 115. Upon submittal of building plans for small lot single family (5,000 square feet or less as defined in the City of Chula Vista Design Manual) residential development, plans shall clearly indicate that 750 square feet of private open space will be provided within the subdivision. GUARDED AREAS 116. Guarded entrances shall not have physical barriers. Guarded entrances shall be staffed from dusk until dawn, unless the MHOA or the Applicant determines it is economically impractical. Physical barriers shall be prohibited at the entrances to guarded areas unless specifically approved by City Council. 117. Parks located within guarded areas shall not receive park credit. 118. All streets within guarded areas shall be designated as private. Design of said streets shall meet the City standards for public streets unless otherwise approved by the City Engineer. Private street cross sections shall conform to those shown on the tentative map. 119. All private streets within Final "B" Maps shall be included in separate lots. The Applicant shall provide a certificate granting to the City a public utility easement over the entire private street lots on the appropriate Final "B" Map. All private streets shall be owned as an equal and undivided interest by each subsequent property within the subdivision. 120. Guarded entrances shall: a. Require approval by the City Engineer and the Director of Planning and Building. b. Provide sufficient room on the private roadway to queue without interrupting traffic on public streets. c. Provide a tm-around. The size and location of said turn-around shall be approved by the City Engineer. d. Provide a clearly delineated border between public and private streets through the use of distinctive pavements. e. Provide a dedicated parking space for the gate attendant to be shown on appropriate grading and/or improvement plans, which is to be retained as a parking space for so long as the guarded entrance is retained. f. Be equipped with a video camera to record entering and exiting vehicles. 23 12 t. Establish Homeowners Associations (HOA) to provide for the maintenance of private open space lots, slope areas, landscape and irrigation and walls within each subdivision prior to the approval of the associated final "B" maps. Submit and obtain approval by the Director of Planning and Building and the City Engineer of the proposed CC&R's for each subdivision prior to the approval of the corresponding final map. 122. The CC&R's shall prohibit "speed bumps" on private streets. The CC&R's shall also include language which states that any proposal by the HOA to allow "speed bumps" in the future shall require prior written approval of 100% of all the Homeowners Association members. 123. The MHOA shall be responsible for the maintenance and operation of all facilities within the common areas and streets behind the guarded entrance. The facilities to be maintained include, but are not limited to: pavements, sidewalks, street trees, street lights including power supply, street sweeping, private drainage facilities and landscaping of private common areas. The only facilities, which will be maintained by the City are mainline sewers and public concrete drainage facilities (i.e., pipes, inlets, clean-outs and catch basins). 124. Building permits shall not be issued for Village Five Neighborhoods R-30A, R-30B and R- 39 until Olympic Parkway, Phase Two (at East Palomar Street) is open for vehicular traffic. 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II( z z: c:t - en :t ... ~ :z c:t ~ .... = z ..... = = cen.... a.C= ena.:... =c= U&... . Z"";;en C=-...... =-...- >=æz!:! c........... "'z"'= =.... en a. """;;a. =I::IZI::l "'....== =enu= "'-....u ...a::a=Z Za=cc ""aaa= &z.... I::Icz zz= "'d¡:: :E~- Ca.a ... Z = = ... u :z c:t - =- 1:1 :z ... E IE c:t ~ ... a= = z ...= &...= E='" =...en . U=-=-= "'11..-=-'" r-"'Z a==a== z"",,- =...=-== -z"'= =...=Z -_z= E=cu Eæ¡z= B-::5a.: caca.c z","'1II!!! _=-=Zllliii Zl-='" Z...C=- d=a.- ;;I...en= a.C=-='" "'=-UZ =-==Z'" ...a=C'" ...a.a= .. a. =-= c ... COUNCILAGENDASTATEMENT ITEM MEETING DATE 8/28/01 ITEM TITLE: A. Resolution ___ Adopting the Memorandum of Understanding with the Chula Vista Employees Association (CVEA) as reflected in Exhibit A B. Resolution Adopting the Memorandum of Understanding with the Western Council of Engineers (WCE) as reflected in Exhibit A C. Resolution Establishing the Compensation for Executive Managers as reflected in Exhibit A D. Resolution __ Establishing the Compensation for Senior Managers as reflected in Exhibit A E. Resolution __ Establishing the Compensation for Middle Managers as reflected in Exhibit A F. Resolution Establishing the Compensation for Confidential Employees as reflected in Exhibit A G. Resolution __ Approving Pay Increases for Unclassified Hourly Employees as reflected in Exhibit A H. Resolution Approving Pay and Benefit Increases for Mayor and Council as reflected in Exhibit A I. Resolution Adjusting Titles and Pay Scales for Certain Classifications as reflected in Exhibit A J. Resolution For Paying and Reporting the Value of Employer Paid PERS Member Contributions for Miscellaneous Members K. Resolution Amending the Fiscal Year 2001-02 Budget by $846,607 and Appropriating Funds therefore to Cover Labor Cost Increases Based on Unanticipated Revenue as reflected in Exhibit A L. Resolution __ Amending the Adopted FY 2002-03 Spending Plan to Increase Expenditures for Labor Costs by $2,595,590 and Other Expenses by $47,120 based on Unanticipated Revenue as reflected in Exhibit A Adoption of these resolutions would provide for wage, retirement and benefit enhancements for all miscellaneous (non-sworn) City employees covering four fiscal years (FY02-FY05). The four-year package was developed in conformance with the Council's compensation policy and attempts to keep wages and benefits in line with other jurisdictions during the course of the four year period thus attracting and retaining quality employees and rewarding employees' efforts. Negotiations were recently completed with CVEA and WCE whose membership voted to adopt the proposed MOUs on August 22 and August 23 respectively. Discussions were held during the week of August 20 with employees not covered by memorandums of understanding. The basic wage and retirement increases proposed are the same for all non-safety employees. In addition there are specific benefits proposed for individual groups based on their profile and needs. SUBMITTED BY: City Manager i~J (4/5ths Vote: Yes X_ No_ ) RECOMMENDATION: That Council adopt the Resolutions approving the MOUs with CVEA and WCE and adopt the Compensation Resolutions for Executive, Senior and Middle Managers and Confidential employees and Approve the Pay and Benefit increases for Unclassified Hourly Employees and the Mayor and Council and Adopt the EPMC Resolution and Amend the FY02 Budget and Appropriate $846,607 based on $287,050 in unanticipated program revenues and $559,557 in unanticipated discretionary revenues and amend the adopted FY03 spending plan by adding $2,595,590 in additional personnel services expenditures and $47,120 in additional other expenses based on $998,399 in unanticipated program revenues and $1,644,311 in unanticipated discretionary revenues. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: Basic Compensation Package for All Miscellaneous Employees FY02-FY05 The proposed increases to retirement benefits and compensation spanning July 1,2001 through June 30, 2005 are recommended for all miscellaneous employees. The basic wage package calls for an average of 4% wage increases annually in January if the 3% at 60 Public Employees Retirement System benefit is not available on or before January 1,2003. If the 3% at 60 PERS benefit is available at that time the City will contract for this retirement enhancement and the average wage increase over the 4-year period will be lowered to 3% annually. The proposed wage increase for the Mayor and Council is 3% in January 2002; subsequent wage increases will be tied to Superior Court Judge salaries as adopted by electorate on March 7, 2000. Other retirement benefit enhancements included in the package are Employer Paid Member Contributions Converted to Pay Rate to be effective in January 2002 and Post-Retirement SurvivoYs Allowance in July 2002. In addition, it is proposed to add an additional hard holiday - Cesar Chavez Day - that falls on March 31. A summary of the basic package for all miscellaneous employees that is included in both MOUs and all the compensation resolutions is presented below: YEAR Basic Packa.qe FY02 3% wage increase in January 2002 EPMC retirement benefit in January Retain 50-50 cost split flex plan language Add Cesar Chavez Hard Holiday FY03 3% at 60 if available in Jan. 03 plus 2% wage increase in January - if 3% at 60 not available 4% wage increase in January Post-retirement Survivor's retirement benefit in July 2002 Retain 50-50 cost split flex plan language FY04 3% wage increase in January if 3% at 60 is given in FY03 - if not 4% wage increase in January Retain 50-50 cost split flex plan language FY05 4% wage increase in January if3% at 60 is given in FY03 - if not 5% wage increase in January Retain 50-50 cost split flex plan language Other Compensation Increases Presented by Group CVEA MOU In addition to the basic wage and retirement package presented above, CVEA- represented employees will receive the following compensation enhancements throughout the course of the four-year contract: ~ Flexible benefit plan will be increased to $6000 per calendar year, effective January 2002 ($293 increase per yr) > Increase Enrichment Fund by $12,500 in FY02 and by an additional $12,500 in FY04 and increase annual per employee cap from $600 to $800 in FY02 ~ Increase the bi-lingual differential from $40 to $ 100 per month for qualified employees effective the first full pay period after adoption ~ In FY03 institute an optional vacation buy-back program for employees with 10 or more years of service allowing 40 hours of vacation to be sold back per year. > Implement a certification pay differential of $25 per pay period for four specific department-recommended certifications the first full pay period after adoption and conduct a review of other certifications mid-year and complete development of a certification pay program WCE MOU In addition to the basic wage and retirement package presented above, WCE- represented employees will receive the following compensation enhancements throughout the course of the four-year contract: ~ Flexible benefit plan will be increased to $7500 per calendar year, effective January 2002 to make WCE's flex plan equivalent to Mid-managers' flex plan. ($1368 increase per yr) Increase Enrichment Fund by $9000 in FY02 and increase annual per employee cap from $250 to $500 Increase the amount of vacation days that can be accumulated from two to three times the number of vacation days accrued atmually effective upon adoption Increase the bi-lingual differential from $40 to $100 per month for qualified employees effective the first full pay period after adoption In FY03 institute an optional vacation buy-back program for employees with 10 or more years of service allowing 40 hours of vacation to be sold back per year. City to provide funds for paying specific professional engineering license renewals and professional engineering association memberships starting FY02 City and WCE to form a committee to conduct a salary survey of the Civil Engineer classification and recommend any adjustments needed to comply with compensation policy by December 1, 2001. Executive Managers Compensation Resolution In addition to the basic wage and retirement package presented Executive Managers will receive the following compensation enhancements throughout the course of the four-year compensation resolution: )~ Flexible benefit plan will be increased to $10,000 per calendar year for executives effective January 2002 ($950 increase per yr) Executive managers' severance packages will be increased from 6 to 9 months with the City Manager's and City Attorney's set at 12 months effective FY02 ~ The City will contribute the equivalent of 5% of Executive Managers' salary to a deferred compensation plan beginning January 2002. The City Manager and City Attorney will receive the equivalent of the Maximum 457 Deferred Compensation Contribution in the same plan. )~ The automobile allowance for eligible executive managers will be increased effective January 2002 as follows: $200 per month increase for City Manager, $230 per month increase for City Attorney and Assistant and Deputy City Managers, and $165 per month increase for all other executives. )~ Sworn public safety Executive Managers will be provided with the uniform allowances and educational differentials as specified in the applicable public safety MOU effective January 2002 Senior Managers Compensation Resolution In addition to the basic wage and retirement package presented Senior Managers will receive the following compensation enhancements throughout the course of the four-year compensation resolution: >' Flexible benefit plan will be increased to $8,500 per calendar year for Sr. Managers effective January 2002 ($950 increase per yr) ~ The City will contribute the equivalent of 2% of Senior Managers' salary to a deferred compensation plan beginning January 2002. The automobile allowance for eligible Senior Managers will be increased by $115 per month effective January 2002 > Sworn public safety Senior Managers will be provided with the uniform allowances and educational differentials as specified in the applicable public safety MOU effective January 2002 > Senior Managers will be provided with 2 additional days of administrative leave per year effective FY02 Middle Managers Compensation Resolution In addition to the basic wage and retirement package presented Mid-managers will receive the following compensation enhancements throughout the course of the four-year compensation resolution: Flexible benefit plan will be increased to $7,500 per calendar year for Mid- Managers effective January 2002 ($360 increase per yr) > Sworn public safety Mid-Managers will be provided with the uniform allowances and educational differentials as specified in the applicable public safety MOU effective January 2002 Mid-Managers will be provided with 1 additional day of administrative leave per year effective FY02 ~ Increase Enrichment Fund by $12,500 in FY02 and increase annual per employee cap from $800 to $1000 ~- Increase the bi-lingual differential from $45 to $100 per month for qualified employees effective the first full pay period alter adoption Confidential Employees Compensation Resolution In addition to the basic wage and retirement package presented Confidential Employees will receive the following compensation enhancements throughout the course of the four-year compensation resolution: ~ Flexible benefit plan will be increased to $7,000 per calendar year for Confidential employees effective January 2002 ($460 increase per yr) Increase the bi-lingual differential from $40 to $100 per month for qualified employees the first full pay period after adoption > In FY03 institute an optional vacation buy-back program for employees with 10 or more years of service allowing 40 hours of vacation to be sold back per year. ~ Increase annual per employee cap for enrichment from $500 to $800 Unclassified Hourly Employees Pay Increases Unclassified hourly employees will receive the same salary increases as ether miscellaneous employees. Mayor and Council Pay and Benefit Increases The Mayor and Council will receive a 3% wage increase in January, similar to other employees, as 3% is below the CPI. In subsequent years (FY03-FY05) the Mayor and City Council salary will be adjusted in January according to Proposition A that was adopted by the electorate on March 7, 2000 and becomes effective December 2, 2002. In addition to the basic wage and retirement package the Mayor and Council will receive the following compensation enhancements throughout the course of the four-year compensation resolution: )~ Flexible benefit plan will be increased to $10,000 per calendar year for the Mayor effective January 2002 ($950 increase per yr) to keep it equivalent with other Executive Managers. The Council's flex plan will continue to be 67% of the Mayor's. )~ In January 2002, increase the Mayor's automobile allowance by $200 per month and provide Council Members with an automobile allowance of $100 per month )~ In January 2002, increase the Mayor's Expense Allowance by $200 per month and the Council Members Expense allowance by $140 per month Other Title and Pay Scale Adjustments Two changes are being recommended: )~ Change the title Deputy City Manager/Finance Director to Assistant City Manager/Finance Director effective immediately (no fiscal impact) )~ Change the pay scale for the CVEA-represented Fire Apparatus Mechanic to be equivalent to a Fire Engineer effective the first pay period including January 1, 2002. (Cost of $3394 in FY02 and $6788 annually thereafter) FISCAL IMPACT: The net fiscal impact for the current fiscal year is $559,557. The total cost of $846,607 is offset by $287,050 in increased reimbursements and other program revenues. The remaining cost of $559,557can be covered by unanticipated discretionary revenues consisting of property and sales taxes and motor vehicle license fees. The net fiscal impact for FY03 is $1,644,311 if 3% at 60 is implemented. The total cost of $2,642,710 is offset by $998,399 in increased reimbursements and other program revenues. The remaining cost of $1,644,311 can be covered by unanticipated discretionary revenues consisting of property and sales taxes and motor vehicle license fees. If 3% at 60 is not implemented the cost for FY03 will increase by $180,000 and could be covered by unanticipated program and discretionary revenues. If 3% at 60 is not implemented, staff will come back with recommendations for the additional funding needed for FY03. Beginning in FY04, the ongoing annual cost of the added PERS retirement benefits is estimated at $4 million if 3% at 60 is implemented. If 3% at 60 is not implemented the annual cost is reduced to $2.4 million. Although there should be sufficient reserves in the City's PERS fund to pay the lump sum of the unfunded liability associated with these benefits and to pay the ongoing cost associated with these benefits for the life of the contract, committing to these additional retirement benefits will reduce the PERS fund balance and shorten the life of the surplus that has allowed us to pay 0% employer contributions recently. When the City must begin paying employer contributions, the cost of these contributions are estimated to be offset 28% by program revenues. Attachment A shows the FY02 budget amendment and appropriations by department and category as well as offsetting unanticipated revenues. The table also shows the FY03 amendments to the Council adopted spending plan by department and category as well offsetting unanticipated revenues. RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE MEMORAi~DUM OF UNDERSTANDING WITH THE CHULA VISTA EMPLOYEES ASSOCIATION (CVEA) AS REFLECTED IN EXHIBIT A WHEREAS, the Management Negotiation Team representing the City Manager of the City of Chula Vista, acting for and on behalf of the City Council of the City of Chula Vista, have heretofore met and conferred with the Chula Vista Employees Association (CVEA), an organization representing various employee classifications throughout the City, in accordance with the provisions of Section 3500 et seq. of the Government Code of the State of California; and WHEREAS, the provisions of a Memorandum of Understanding jointly prepared by said parties as a result of meeting and conferring in good faith has been presented to the City Council and has been previously approved in concept by the City Council in closed session. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt the provisions of the Memorandum of Understanding Concerning Wages and Other Terms and Conditions of Employment with the Chula Vista Employees Association reflected in Exhibit A. Presented by Approved as to form by Candy Emerson Jozl~h/~. Kaheny Director of Human Resources ~'~!/ Attorney J: \attorney~reso~CVEA. MOU EXHIBIT "A" CHULA VISTA MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF CHULA VISTA AND CHULA VISTA EMPLOYEES ASSOCIATION VVVVVVVV JULY 1, .~ aa,. ...... ~. JUNE,.,u~n, ,-,,,., .°nn4 MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULAVISTA AND THE CHULA VISTA EMPLOYEES ASSOCIATION FOR FISCAL YEARS JULY !, !998 JUNE~'~ 200! JuY~;20O] .... i 2'005. PAGE 1.01 PREAMBLE ............................................................................................. 1 1.02 RECOGNITION ....................................................................................... 1 1,03 CITY RIGHTS ......................................................................................... 4 1.04 CVEA RIGHTS ........................................................................................ 6 1.05 LABOR-MANAGEMENT COOPERATION ............................................. 6 1.06 CAREER ADVANCEMENT .................................................................... 7 2.01(A) WAGES ................................................................................................... 7 2.01(B) ACTING PAY ........................................................................................... 8 2.01 (C) SPECIAL ASSIGNMENT PAY ................................................................ 8 2.01 (D) JOB SHARING ........................................................................................ 8 2.01(E) WORK FURLOUGH ............................................................................... 9 2.02 BILINGUAL PAY ..................................................................................... 9 2.03 SHIFT DIFFERENTIALS ......................................................................... 9 2.04 SAFETY EQUIPMENT, PROTECTIVE CLOTHING AND TOOL ALLOWANCE ............................................................................ 10 2.05 MILEAGE REIMBURSEMENT ............................................................. 12 2.06 WORK WEEK ....................................................................................... 12 2.07 OVERTIME ............................................................................................ 12 2.08 CALL BACK ........................................................................................... 13 2.09 STANDBY ............................................................................................. 13 2.10 MODIFIED DUTY .................................................................................. 14 2.11 HEALTH AND WELFARE ..................................................................... 14 2.12 RETIREMENT ....................................................................................... 18 2.13 HOLIDAYS ............................................................................................ 18 2.14 VACATION AND SICK LEAVE ............................................................. 22 2.15 LEAVE OF ABSENCE .......................................................................... 27 2.16 DEFERRED COMPENSATION ............................................................ 29 2.17 DRIVING ELIGIBILITY POLICY ..................................................... 29 2.18 SUBSTANCE ABUSE POLICY ............................................................. 30 2.19 AMERICANS WITH DISABILITY .......................................................... 30 3.01 PROHIBITED PRACTICES .................................................................. 31 3.02 TERM AND EFFECT OF MEMORANDUM OF UNDERSTANDING ......................................................................... 31 3.03 GRIEVANCE PROCEDURE ................................................................. 32 3.04 SAVINGS CLAUSE ............................................................................... 39 ARTICLE 1.01 PREAMBLE This Memorandum of Understanding is entered into by the City Manager of the City of Chula Vista, hereinafter referred to as "City," and the Chula Vista Employees Association, hereinafter referred to as "CVEA." ARTICLE 1.02 RECOGNITION The City recognizes ~VEA as the exclusive representative for employees n classification s~li~[~':i~ ~pe~i~ ~ " CVEA MOU FY 01-05 Page 1 CVEA MOU FY 01-05 Page 2 CVEA MOU FY 01-05 Page 3 ARTICLE 1.03 CITY RIGHTS I. Nothing contained herein shall be construed to restrict any legal or inherent exclusive City rights with respect to matters of legislative or managerial policy. The exclusive rights of the City shall include, but not be limited to, the right to: Establish, plan for, and direct the work force toward the organizational goals of the City government. Determine the organization, and the merits, necessity, and level of activity or service provided to the public. Determine the City budget. Establish, regulate and administer a merit or civil service system which provides for all types of personnel transactions, including, but not limited to, determining the procedures and standards for the hiring, promotion, transfer, assignment, layoff, retention and CVEA MOU FY 01-05 Page 4 classification of positions in accordance with the City Charter, Civil Service Rules, and established personnel practices. Discipline or discharge employees. Determine the methods, means, numbers and kinds of personnel, and the job or position content required to accomplish the objectives and goals of the City. Subcontract out various services currently performed by City work force when such actions will result in cost savings to the City. Effect a reduction in authorized positions. Take actions necessary to carry out the mission of the City in emergencies and in other situations of unusual or temporary circumstances. Continue to exercise efficient and productive management practices consistent with Federal and State laws and in compliance with the City Charter and City ordinances. II. FITNESS The parties agree that physical and mental fitness of City employees are reasonable requirements to perform the duties of the job and instill public confidence. Recognizing these important factors, the parties agree that during the term of this Agreement the City with reasonable cause, may require medical and psychological assessments of employees provided the City pays and provides time off without loss of pay for such assessments. All such assessments shall be done by appropriately qualified health care professionals. Any treatment or remedial action shall be the full responsibility of the employee, except as otherwise provided by law or as may be provided through the Employee Assistance Program for City employees and the Substance Abuse Policy. ARTICLE 1.04 CVEA RIGHTS I. Authorized representatives of the CVEA may be allowed reasonable access to unit employees during working hours for the purpose of consulting regarding the CVEA MOU FY 01-05 Page 5 employer-employee relationship, provided that the work operation and service to the public are not impaired and the authorized representatives shall have given advance notice to, and been granted authorization by, the department head or his designated representative when contacting unit employees during the duty period of the employees. The department head or his designee shall determine the appropriate time for such access. A. CVEA may designate up to six (6) representatives (including the President and Vice-President) who will be allowed reasonable access to unit employees. II. The Association may be granted use of City facilities by the appropriate appointing authority for meetings composed of unit employees, provided such meetings are held outside regularly scheduled working hours for the group which is meeting, and provided space can be made available without interfering with the City needs. III. A reasonable amount of space shall be provided to the Association on City bulletin boards for official CVEA communications with members. Copies of such communications shall be furnished to the Human Resources Director's Office for review. IV. The City of Chula Vista shall bill Service Employees International Union $0.10 per member per pay period for the full costs incurred for dues deduction on behalf of CVEA. V. The City shall make available to CVEA space for a filing cabinet. Such space shall be mutually agreed upon by the City and CVEA. ARTICLE 1.05 LABOR-MANAGEMENT COOPERATION The parties agree that during the term of this agreement, they will continue to support the Quality of Work Life Program. In addition they will continue to participate in efforts to contain health care costs through the existing Health Care Committee. CVEA MOU FY 01-05 Page 6 ARTICLE 1.06 CAREER ADVANCEMENT The City may designate entry level groups of classifications which will be considered as career advancement classifications. Employees may be hired for a vacancy in the higher classification at the lower level classification, and not be required to undergo a promotional exam to advance to the higher position. The employee initially hired may qualify for certification to the higher position upon (1) successful performance for a minimum of one year in the lower position, (2) a positive recommendation by the appointing authority and (3) approval by the City Manager upon recommendation of the Human Resoumes Director. Upon advancement to the higher classification, the employee shall be compensated at the pay rate closest to, but not less than, he/she was compensated in the lower class. The Human Resources Director shall advise the CVEA representative on the status and usage of this Article, upon request. ARTICLE 2.01(A) WAGES I. BASE WAGES ~ ..... I ...... ;ii ~; ....... '~ by -~o/_ ..~.~..,~,,,~ I ....... ! ~n~n D ..... l ...... ;Il ~,. : ....... '~ by ~,% ,,~,.,-*i,,,. l ....... ! onnn C. FY 2000 209! CVEA MOU FY 01-05 Page 7 II. The City will continue to 7% toward the em of the PERS contribution. III. Distribution of paychecks shall be done only on regular paydays. However, in an emergency, employees may receive their check on a day other than a regular payday if a memo is directed from the Department Head to the Director of Finance justifying the request. IV. CVEA represented employees may receive their regular biweekly salary in advance of the regular pay day if the employee will be on approved vacation at the time of the regular pay day. The employee shall notify the Finance Department at least three (3) working days prior to the payday on which the payment is desired. Payment in advance due to vacation will not be available to represented employees who have paychecks directly deposited. V. All other payroll and wage changes, such as merit increases, shall be made effective at the beginning of the regular pay period on or following the date of change. VI. The CVEA/Management Classification Review Advisory Committee will continue to meet to review classification issues affecting CVEA represented employees. CVEA MOU FY 01-05 Page 8 ARTICLE 2.01(B) ACTING PAY When an employee is assigned to perform the duties of a higher paid classification for a period of 5 consecutive work days or 40 consecutive working hours, such employee shall be compensated with a minimum of 5 percent above current salary rate up to a maximum of 20 percent, effective the first day of the out of class assignment. Requests for Out-of- Class compensation shall be submitted by the Department Head on a "Request for Additional Pay" form as percentage amounts only. The duration of Acting Pay assignments shall not exceed one calendar year. ARTICLE 2.01(C) SPECIAL ASSIGNMENT PAY CVEA represented employees may be eligible to receive a maximum of 5% above base pay when assigned by the city Manager to a "Special Project". ARTICLE 2.01(D) JOB SHARING The City will make reasonable accommodation for an employee in a regular position who desires to share their job with another qualified employee or eligible person. Jobs may be shared on an hourly or daily basis. All legally permissible benefits will be pre-rated. Each employee shall be notified in writing by the appointing authority (as defined in the City Charter) at the time of the appointment and such notification will clearly define the benefits to which each employee is entitled. ARTICLE 2.01(E) WORK FURLOUGH The parties agree to a 40-hour per year Work Furlough. The Work Furlough will be effected during the otherwise normal work week between the Hard Holidays of December 25 and January 1, as described in the Work Furlough side letter dated September 21, 1995. In an effort to minimize the financial impact of the Work Furlough on employees, the employees' biweekly pay shall be red uced by an amount reflecting the forty (40) hour Work Furlough. The work furlough will continue until reduced or discontinued by the parties and will have no impact on employee benefits to the extent permitted by law. CVEA MOU FY 01-05 Page 9 ARTICLE 2.03 SHIFT DIFFERENTIALS I. In addition to their regular salary, CVEA represented employees shall receive extra compensation of $45.00 per biweekly pay period under the conditions listed below. Under no circumstances shall an employee receive compensation for more than one of these conditions during any one pay period: A. When scheduled to work a majority of their shift after 5:00 p.m. or before 8:00 a.m. for a majority of a pay period. B. When regularly scheduled daily work shifts are regularly split by two or more consecutive hours for a majority of a pay period. C. When regularly scheduled shifts result in split weekend shifts which do not allow for two consecutive days off. I1. A night shift differential shall not be paid for standby duty, Ill. Librarians shall not be eligible for any shift differential. CVEA MOU FY 01-05 Page ]0 ARTICLE 2.04 SAFETY EQUIPMENT, PROTECTIVE CLOTHING, TOOL ALLOWANCE AND UNIFORMS I. Safety Equipment and Protective Clothing Safety equipment, protective clothing and training, including appropriate, approved self-defense training such as "pepper spray use" will be provided use to employees as recommended by their Department Head, in concert with the Risk Manager. CVEA MOU FY 01-05 Page 11 CVEA MOU FY 01-05 Page 12 ARTICLE 2.05 MILEAGE REIMBURSEMENT Employees shall be subject to the City' Mileage Reimbursement Program when required to use their personal vehicle for authorized City business. The reimbursement rate will be tied to the current maximum iRS rate. ARTICLE 2.06 WORK WEEK I. The work week is a fixed and regular recurring period of 168 consecutive hours, 7 consecutive 24 hour periods. The usual workweek in the City begins at 12:01 a.m. on Friday morning and ends at 12:01 a.m. the following Friday morning. A. Communication Operators Lunch Break - Communication Operators who work a 10-hour shift will be on call during their lunch hour. As such, they shall eat lunch in the Communication Center at a designated table in the center, or in the lunch/break room in the Police Department. ARTICLE 2.07 OVERTIME I. Definition - Whenever an employee is ordered to work mom than 40 hours in a work week they shall be granted overtime pay at the rate of 1-112 times their Fair Labor Standards Act (FLSA) "Regular Rate", compensatory time off at 1-1/2 times the extra hours worked, or upon employee request and with the approval of his/her supervisor and Department Head, the employee may take off the number of overtime hours worked on a straight-time basis within the same work week. Such CVEA MOU FY 01-05 Page ] 3 overtime work shall be only at the direction of and first approved by the employee's immediate supervisor. Payment for overtime shall be made during the pay period wherein the overtime was earned. A record of compensatory overtime earned and utilized shall be maintained on the biweekly pay records. Compensatory overtime shall not be accrued to an employee's credit for any time in excess of 65 hours. Reimbursement for overtime with time off or pay will be at the option of the supervisor and the department head based on the employee's request while recognizing the overall departmental staffing requirements. "Time Worked" - Includes all paid hours including sick leave, leaves during which Workers' Compensation is paid, vacation time, holidays or any other time away from the job that is paid. II. Administration of Overtime - All time worked in addition to the work week with the exception of insignificant amounts of "hours worked" will be counted toward the 40 hour work week. Insignificant amounts of hours worked is defined as any time worked outside the regular schedule that is less than 15 minutes in a day, unless definition is changed in Federal Regulations or by court action. III. Meal Break - When employees are required to work over four hours overtime, they shall be granted a 2 hour unpaid meal break. ARTICLE 2.08 CALLBACK However, the callback bonus will only apply when the employee has not been notified of the date and time of the callback prior to leaving the worksite. ARTICLE 2.09 STANDBY I. Definition - Standby duty is defined as that period of time assigned by the appointing authority in addition to the employee's normal work week during which time the employee must leave word with a designated individual where he or she can be reached in case a callback is necessary. Hours spent on standby will not be considered hours worked. Employees assigned to standby duty are subject to the provisions of Section 2.07. CVEA MOU FY 01-05 Page 14 ARTICLE 2.10 MODIFIED DUTY When an employee is injured on the job and, according to their doctor, is able to return to "light duty," the City will make every effort to place the employee in a modified duty assignment as closely approximating as possible the type of work the employee normally does, until they are released back to full duty. The nature of the assignment will depend on the physical restrictions of the employee as stated by the treating physician and the availability of a modified position in the department which is consistent with the physical restrictions. Notwithstanding the above the acceptance of a modified duty assignment, if available, will be mandatory. ARTICLE 2.11 HEALTH AND WELFARE I. Flexible Benefit Plan B. To maintain relative buying power for employees to purchase health benefits from their flexible benefit plan in the event that health plan premium rates increase, the City agrees to increase the annual Flex Plan allotment by one half (2) of the average cost increase for full family non-indemnity health plan premiums. The City's share of the increased cost will be added to the beginning Flex Plan balance of the next available Flex Plan year. The City agrees that the annual Flex Plan allotment will not be decreased. CVEA MOU FY 01-05 Pl. Additional Benefits A. Long-Term Disability - The City agrees to contribute the amount necessary to provide long-term disability protection for each employee represented by CVEA in accordance with the following: The plan will include a thirty (30) day waiting period, a maximum benefit of 60% of salary up to $7,500/month, and is subject to the provisions of existing applicable insurance and retirement plans. During the term of this agreement, the parties will work together to explore LTD improvements. CVEA MOU FY 01-05 Page 16 The Association and City may by mutual agreement use up to one half of these funds for agreed upon classroom training, organization development or team building. C. Flexible Spending Accounts for Health Care and Dependent Care Two Flexible Spending Accounts (FSA's), under Sections 125, 105, 129 and 213 of the Internal Revenue Service Code, are offered to all represented employees. Employees may elect to budget by salary reduction, for certain health and welfare benefits and dependent care reimbursements on a pre-tax basis. If the City does not meet IRS regulations or if the IRS regulations change for any reason, this benefit may be discontinued. 1. Health and Welfare FSA Before the start of the FSA plan year (January 1 to December 31), represented employees may reduce their salary up to $2,500 to pay for eligible health and welfare expenses. Salary reductions will accrue bi-weekly during the plan year and reimbursements will be made on a schedule to be determined by the City. This is a reimbursement program. Participating employees must submit documentation of payment on the appropriate forms to receive reimbursement. Salary reductions not spent by the end of the plan year, by law, are forfeited to the City. CVEA MOU FY 01-05 Page 17 2. Dependent Care FSA Before the start of the FSA plan year (January 1, to December 31), represented employees may reduce their salary up to $5,000 to pay for eligible dependent care. In no event can dependent care pre-tax dollars, whether reimbursed through an FSA, the City Flexible Benefit Plan or a combination of both, exceed $5,000 per calendar year (refer to Section 2.11,I,C.2.c.{6}. Salary reductions will accrue bi-weekly during the plan year and reimbursements will be made on a schedule to be determined by the City. Dependent care must qualify under all pertinent IRS regulations. This is a reimbursement program. Participating employees must submit documentation of payment and other information related to dependent care arrangements to receive reimbursement. Salary reductions not spent by the end of the plan year, by law, are forfeited to the City. 3. FSA Administration The City reserves the right to contract with a Third Party Administrator (TPA) for administration of both FSA's. The City will pay the start-up costs associated with third party administration. Participating employees will pay monthly, per employee, or per transaction administration fees, if any. D. Health and Dental Payroll Deductions Treated as Pre-Tax Under Sections 125, 105, and 213 of the Internal Revenue Service Code, the City treats all payroll deductions for health and dental care on a pre-tax basis, unless an affected employee requests that such deductions be taxed. If the City does not meet IRS regulations or if the IRS regulations change for any reason, this benefit may be discontinued. CVEA MOU FY 01-05 Page 18 E. Medical Premium Retirement Benefit Plan The City offers a medical premium retirement benefit plan, under Section 457(f) of the Internal Revenue Service Code, to all represented employees through the JPEBA, Joint Powers Employee Benefit Authority (or an equivalent plan). This program provides employees the option of making unlimited pre-tax contributions from their wages to pre-fund post-retirement health insurance premium costs for themselves and their dependents. Since IRS Section 457(f) requires restrictions on the program that can result in forfeiture of the contributions to the City for specified reasons, employees are advised to carefully review the information that will be provided on the program prior to deciding whether or when to participate. The City will pay the start-up costs associated with third party administration. Participating employees will pay the participant costs (currently $24 per year). If the City does not meet IRS regulations or if the IRS regulations change for any reason, this benefit may be discontinued. F. Employee Group Term Life Insurance The City agrees to pay the premium for $17,000 of group term life insurance for each represented employee. Represented employees may apply for themselves and their eligible dependents purchase from $30,000 to $300,000 of supplemental group term life insurance in $10,000 increments through the City's group insurance plan with employees paying the additional cost through payroll deductions. ARTICLE 2.12 RETIREMENT I. RETIREMENT BENEFITS A. B. All CVEA represented employees will receive Fourth Level of 1959 Survivor Benefit (Sections 21380-21387, 21382.2 and 21382.4). The PERS 1959 Survivors Benefit employee premium cost of $2.00 per month will continue to be paid by the City. CVEA MOU FY 01-05 Page 19 C. The City will provide all CVEA represented employees PERS One-Year Highest Compensation, Section 20024.2. D. The City will provide represented employees with the option of purchasing military service credit as public service under PERS Section 20930.3. As provided in Section 20930.3, eligible employees who decide to exercise the option to purchase up to four years of prior military service credit would pay the amount calculated by PERS for both the employer's and the employee's contribution. All additional costs of employee retirement contributions mandated by the courts and/or ordered by PERS because of court decisions during the life of this contract will be shared equally by the City and the employees. ARTICLE 2.13 HOLIDAYS I. Hard or Fixed Holidays for employees who work the traditional Monday through Friday work week will be celebrated on the day that City offices are closed. For the term of this agreement, the Holiday schedule is as follows: Library staff in represented classifications shall receive the same paid holidays that other CVEA represented employees receive (Article 2.13, Section I). If the City desires to have the Library remain open on any days during a holidayweekend, the Library management will make every attempt to use temporary personnel staffing. For the purposes of this section, the term "holiday weekend" is defined as the Saturday and Sunday following a City-recognized hard holiday which falls on a Friday; the Saturday and Sunday preceding a City-recognized hard holiday which falls on a Monday; the Saturday and Sunday following Thanksgiving Day; or any weekend on which a City-recognized hard holiday falls. If staff requests and management approves, or management requires any bi-weekly rate (full-or part- time) employees to work during a holiday weekend, they shall receive time and a half pay or compensatory time off. II. Hard Holiday Pay CVEA MOU FY 0'1-05 Page 20 A. Full time employees shall receive eight (8) hours pay at their regular hourly rate for each hard holiday. Permanent part-time employees shall receive holiday pay at their regular hourly rate in the proportion that such permanent part-time employment bears to full-time employment. B. 1. For all employees except for Library employees and full-time employees that work a four ten-hour (10) day work week, if a hard holiday falls on the employee's first regularly scheduled day off, the holiday will be recognized on the previous day; if it falls on the employee's second regularly scheduled day off, the holiday will be recognized on the following day. If the eligible employee must work on the dayto be recognized as a hard holiday, the employee shall be paid overtime compensation in addition to the hard holiday pay. 2. Overtime compensation, in addition to the holiday pay, shall be paid eligible employees who must work on any hard holiday. 3. CISS employees in the Police Department who are otherwise subject to the 4-10 work week may revert to an 8-hour schedule during any fixed holiday they are required to work. C. Employees who work a flexible schedule (a 4-10 shift schedule for example) and who cannot observe a normal holiday schedule: 1. If a hard holiday falls on the employee's regularly scheduled day off, they will receive eight (8) hours pay. 2. If a hard holiday falls on an employee's regularly scheduled work day and they take that day off, they will receive eight (8) hours pay for that day. The employee must use the appropriate number of hours of vacation or holiday time to supplement the eight hours of holiday time in order to reach 40 hours for that work week, IF their normally scheduled shift was greater than eight (8) hours. 3. If an employee works a hard holiday on an eight (8) hour shift, they will receive eight (8) hours pay plus time and one-half for each hour worked. 4. If an employee works a hard holiday on a shift in excess of eight (8) hours, they will receive eight (8) hours holiday pay plus time and one- half for all hours worked. For example, an employee working a 10 CVEA MOU FY 01-05 Page 21 hour shift will receive 8 hours holiday pay plus 10 hours pay at time and one-half. 5. If a represented permanent part-time employee works on a day to be observed as a hard holiday, they will receive holiday pay corresponding to the employee's full time equivalent hours plus pay at time and one-half for each hour worked. 6. If a hard holiday fails on the regularly scheduled day-off of a permanent part-time employee or if a hard holiday falls on a regularly scheduled work day but his/her work site is closed in observance of the holiday, the employee shall receive holiday pay corresponding to the employee's full time equivalent hours. For payment purposes, if a hard holiday falls on a Saturday or Sunday, the day of observance shall be the actual day of the holiday for employees working a non-Monday-Friday flexible work schedule OR the day when the normal operations of his/her department or division are closed for those employees working a Monday-Friday flexible work schedule. CVEA MOU FY 01-05 Page 22 HARD HOLIDAYS DATES CITY OFFICES ARE CLOSED a~YE~RS DAy ~:/ti02 T~idav ~ , , ~10~ WedneSday ~2/3~:i0~ ~120103 Monday ~tOS ~ Monday~ DAY ~JA~ ~AY ' ~ 5131]0~ Monday /30/05 M6nday 5127/02 ~ ~o~aav CVEA MOU FY 01-05 Page 23 HARD HOLIDAYS DATES LIBRARIES ARE CLOSED FY 98-99 FY 99-00 FY 00-01 INDEPENDENCE DAY 7/3/98 Friday 7/3/99 Saturday 7/4/00 Tuesday 7/4/98 Saturday 7~4~99 Sunday LABOR DAY 9/7/98 Monday 9/6/99 Monday N/A THANKSGIVING 11/26/98 Thursday 11/25/99 Thursday 11/23/00 Thursday DAY AFTER THANKSGIVING 11/27/98 Friday 11/26/99 Friday 11/24/00 Friday CHRISTMAS EVE 12/24/98 close at 3 PM 12/14/99 Friday 12/24/00 Sunday CHRISTMAS 12/25/98 Friday 12/25/99 Saturday 12/25/00 Monday NEWYEARS EVE DAY 12/31/99 close at 3 PM 12/31/99 Friday 1/1/01 Monday NEW YEARS DAY 1/1/99 Friday MARTIN LUTHER KING, JR. 1/18/99 Monday 1/17/00 Monday 1/15/01 Monday BIRTHDAY MEMORIAL DAY 5/31/99 Monday 5/29/99 Monday 5/28/01 Monday CESAR CHAVEZ DAY IV. Floating Holidays A. Amount - Effective the first pay period in July of each fiscal year of this agreement, employees shall be credited with eight (8) hours floating holiday time each for Lincoln's Birthday, Washington's Birthday, Admission Day, and Veteran's Day. Permanent part-time employees paid at a bi-weekly rate shall be credited floating holiday time in the proportion that such part-time employment bears to full-time employment. Employees may take floating holiday time at their discretion, subject to staffing needs and with the approval of their department head. B. Floating Holiday Use - Employees using floating holiday time before the holiday passes and subsequently leaving City service will be charged for such time. Employees who do not use their floating holidaytime before June 30 of the fiscal year will lose such time. The smallest unit of time chargeable to floating holiday time is one half hour. CVEA MOU FY 01-05 ?age 24 ARTICLE 2.'14 VACATION AND SICK LEAVE I. Definition - For the purpose of this article, the following definitions shall apply: A. "Continuous Service" means City service uninterrupted by separation. B. "Intermittent Service" means City service interrupted by separation. C. "Time worked" includes all paid time. D. "Active service" includes time worked, leave of absence without pay not to exceed 14 calendar days, and leave of absence not to exceed one year for which Workers Compensation is paid. II. Vacation A. Vacation Accrual - Continuous service: Each employee paid at a biweekly rate who has had continuous full-time active service shall be entitled to vacation with pay. The following provisions shall apply: 1. Employees will accrue 10 working days during the first year of service. This benefit will be accumulated at the rate of 3.07 working hours for each full biweekly pay period of service performed. 2. Employees will accrue and be eligible to receive 10 working days annually (cumulative to a total leave balance of 20 working days) during the second through fourth year of service. This benefit will be accumulated at the rate of 3.07 working hours for each full biweekly pay period of service performed. 3. Employees will accrue and be eligible to receive 15 working days annually (cumulative to a total leave balance of 30 working days) during the fifth through fifteenth year of service. The benefits will be accumulated at the rate of 4.60 working hours for each full biweekly pay period of service performed. 4. Employees will accrue and be eligible to receive 20 working days annually (cumulative to a total leave balance of 40 working days) during the sixteenth and succeeding years of service. This benefit will CVEA MOU FY 01-05 Page 25 be accumulated at the rate of 6.14 working hours for each full biweekly pay period of service performed. Maximum Vacation Accrual - At no time may an employee have more than two years of vacation leave accumulated. No credits shall be accrued above this limit and any time in excess of the two-year limitation will De lost. 5. Vacation accrual rate changes will become effective at the beginning of the pay period closest to the actual date of change. B. Each part time employee paid at a biweekly rate shall be entitled to vacation with pay. The number of working days of such vacation shall be computed on the basis set forth in subsection (2), (3), or (4) and shall be in the proportion that such part-time employment bears to full-time employment. C. Employees separated from the City service, whether voluntarily or involuntarily, shall be granted all of the unused vacation to which they are entitled based upon continuous service computed on the basis set forth in subsections (2), (3), and (4). Payment shall be made hour for hour with any portion of an hour being considered a full hour. D. Vacation Use - Vacation leave balances shall be reduced for actual time not worked to the nearest quarter hour for reasons allowable under this section. Absence may not be charged to vacation not already accumulated. III. Sick Leave A. Accumulated paid sick leave credit is to be used for the sole purpose of protecting the employee's wages in the event absence is made necessary because of disability due to injury or illness of the employee or members of their immediate family. For purposes of this article immediate family is defined as spouse, child, stepchild, parent, stepparent, parent-in-law, grandparent, domestic partner or any other person living as a member of the employee's immediate household. B. Sick Leave Accrual - Computation of sick leave: Sick leave with pay is cumulative at the rate of 3.66 working hours for each biweekly pay period of active service, 96 hours annually, beginning at the time of full-time CVEA MOU FY 01-05 ?a,~c 26 probationary employment. Permanent part-time employees shall receive sick leave pay in the proportion that such part-time employment bears to full-time employment. A person who has held a position with temporary or interim status and is appointed to a position with probationary status, without a break in service, may have such time credited to sick leave upon the recommendation of the department head and the Human Resources Director and with the approval of the City Manager. C. Maximum Sick Leave Accumulation - Unused sick leave may be accumulated in an unlimited amount. D. Sick Leave Use - Sick leave balances shall be reduced for actual time not worked to the nearest quarter hour for reasons allowable under this section. Absence for illness may not be charged to sick leave not already accumulated. In order for sick leave to be approved, the employee must call his or her supervisor within one hour of the time to begin work. If the supervisor is unavailable, the employee must leave word with a designated individual that he or she is too sick to come to work or has a contagious condition that would make his or her presence at the worksite dangerous for other employees. In cases where it is impossible to call (e.g., in hospital, unconscious, or other legitimate reasons) the supervisor shall withhold approval of sick leave until the employee can explain why he/she did not call within the one hour. The supervisor will then make a determination as to the allowability of sick leave use. E. Sick Leave Verification - The City may, in its discretion, require a doctor's certificate and/or a personal sworn affidavit verifying the nature, severity and cause of the disabling injury or illness of the employee in order to determine eligibility for sick leave. If an employee is to be required to furnish a doctor's certificate, the employee shall be notified by his/her supervisor that a doctor's certificate shall be required when the employee notifies the City that he/she will be absent by reason of illness or disability. Sick leave verification may be requested at any time it appears there is a pattern or practice of sick leave use that could be related to abuse, regardless of whether or not the individual has a sick leave balance on the books. Exhaustion of sick leave balances does not automatically trigger the verification requirement. When verification is required, the employee must show immediate improvement. Sick leave will then be monitored fora period of six months. If at any time during that period there is any abuse of sick CVEA MOU FY 01-05 Page 27 leave, the employee will be subject to disciplinary action up to and including termination. F. Bereavement Leave - When an employee with permanent status is compelled to be absent from work because of the death of an immediate family member defined by the IRS as husband, wife, child, stepchild, brother, stepbrother, sister, stepsister, parent, step-parent, or any other person livinq in the same household as the employee or an immediate family member of the employee's spouse; and after such employee makes written request and receives written approval from their department head, such employee may be allowed to use their accumulated sick leave, vacation, compensatory time or floatinq holiday time for up to five (5) days, plus three (3) travel days. G. Sick Leave Reimbursement 1. Employees using four (4) days of sick leave, or less, during the fiscal year, shall have the option of converting twenty-five percent (25%) of their remaining yearly sick leave to pay. CVEA MOU FY 01-05 Page 28 2. Pay shall be computed based on the following schedule and all computations shall be rounded to the nearest whole hour: REMAINING YEARLY SICK LEAVE PAY OPTION (25%) 12 days 3 days 11 days 2 days, 6 hrs. 10 days 2 days, 4 hrs. 9 days 2 days, 2 hrs. 8 days 2 days 7 days or less 0 3. If the pay option is selected, the paid sick leave hours shall be subtracted from the employee's accumulated yearly sick leave balance. The remaining sick leave hours shall be carried over and accumulated. (Example: Employee uses 4 days sick leave. He/she then elects to receive pay for 25% of remaining days payment, or 2 days. The 2 days are subtracted from his/her remaining yearly sick leave and the other 6 days are added to the employee's accumulated sick leave balance.) 4. Payment will be made during the month of July of each year. Pay will be computed based on the employee's salary step on June 15. 5. Payment will be made only to employees on the payroll twelve consecutive months prior to the payoff calculation. Permanent employees who retire during the fiscal year will be compensated under this plan based upon their formal retirement date. Prorated payments will not be made to an employee who terminates during the fiscal year. However, in the event of the death of an individual while employed by the City, 100% of the employee's unused, accumulated sick leave will be paid to the appropriate beneficiary. CVEA MOU FY 01-05 Page 29 ARTICLE 2.15 LEAVE OF ABSENCE I. An employee who is mentally or physically incapacitated to perform their duties, or who desire to engage in a course of study that will, in the judgment of the City, increase their usefulness on their return to the classified service or who, for any reason considered to be in the best interest of the City government by the appointing authority and the Director of Human Resources, desires to secure leave from their regular duties may, on written request, subject to the recommendation of the Department Head and the Director of Human Resources, and with the approval of the City Manager, be granted leave of absence without pay or benefits for a period not to exceed one year. An employee asking for leave of absence without pay shall submit their request in writing stating the reasons why, in their opinion, the request should be granted, the date when they desires the leave to begin, and the probable date of their return. For each leave without pay, the Director of Human Resources shall determine whether the employee granted such leave shall be entitled to their former position on their return from such leave or whether their name shall be placed on the reinstatement list for the class as provided for in the Civil Service rules. If a request for leave is denied, a copy of such request and the reasons for denial shall be sent to the Civil Service Commission. An employee who is granted an unpaid leave of absence for more than one month for any reason, including leave for disciplinary purposes shall pay the cost of health and life insurance premiums for the entire period of the leave of absence, provided, however, that this provision shall not apply if the leave of absence is a result of the employee being ill or disabled. II. MILITARY LEAVE Military leave shall be granted in accordance with the provisions of applicable State and Federal laws (California Military and Veteran's Code.) III. JURY DUTY Permanent and probationary employees who are called to serve on jury duty for any county, state or federal court within the San Diego area shall be entitled to paid leave under the following circumstances: A. They must present to their supervisor the court order to appear for jury duty at least three weeks prior to their date to report. B. All fees received by the employee for jury duty for days when scheduled for work, excluding mileage, shall be paid over to the City. CVEA MOU FY 01-05 Page 30 C. The employee must submit a daily court authorized, stamped time card accounting for all hours of required service ordered by the court. D. If jury service and travel time from court to work is less than five hours (7 hours for person on a 4/10 plan) in a work day, the employee is expected to return to work unless a justification is provided and approved or pre-authorized leave is approved. E. Employees who are required to serve jury duty on their scheduled days off will not be compensated for this time and may keep any fees paid by the court. F. If the employee is not required to report for jury duty on any particular day(s) they are then expected to be at work as per their normal schedule. G. It is the employees' responsibility to inform his or her supervisor on a daily basis if they are required to report for jury duty the following day. This may include calling the supervisor after or before normal working hours. H. Absence due to jury duty will be submitted on the City leave form. I. Employees whose work week is other than Monday through Friday (8:00 a.m. to 5:00 p.m.) may have their Jury Duty work day adjustments made by their supervisor. IV. COURT LEAVE Court leave is paid leave granted by the City to enable that employee to fulfill their duty as a citizen to serve as a witness in a court action to which the employee is not a party, before a Federal, Superior, or Municipal Court located within San Diego County. Court leave shall be limited to: A. Required attendance before Federal, Superior, Municipal, and Justice Courts located within San Diego County. B. Time in attendance at court together with reasonable time between court and work if attendance is for less than a full day and the employee can reasonably be expected to return to work. CVEA MOU FY 01-05 ?age 3 ! C. Court leave shall not be granted when the employee is paid an expert witness fee. D. The employee must submit to the City any payment received except travel and subsistence pay for such duty. E. Court leave will only be granted to employees who are not litigants in the civil case nor related to litigants in the civil case or defendants in a criminal case. F. Employees shall provide their supervisor with a copy of the legal subpoena and provide other documentary evidence of service. G. When employees are subpoenaed in the line of duty they shall be guaranteed a minimum of two hours for each separate court appearance, including travel time. ARTICLE 2.16 DEFERRED COMPENSATION CVEA members shall be eligible to participate in the City's approved deferred compensation plans offered by the City. ARTICLE 2.17 DRIVING ELIGIBILITY POLICY Whenever an employee drives a vehicle for City business he/she shall have a valid California Drivers License. In order to ascertain the validity of the employee's licenses, employees must present their drivers license to their supervisor upon request. The City reserves the right to check with the Department of Motor Vehicles to investigate the employees' driving record and to determine if the license is valid. If an employee's driver's license is revoked, suspended or otherwise made invalid, the employee must inform his or her supervisor. Failure to notify the supervisor may result in immediate disciplinary action. An employee who does not possess a valid California Drivers License will be considered for a non-d riving position, if one is available. The non-driving assignment will continue for a maximum of six months if there is a reasonable expectation the employee will have a valid California Drivers License at the expiration of that time. Extensions to the six-month limit will be considered on a case-by-case basis; however, in no case shall an employee receive more than one non-driving assignment in any three-year period. When no non-driving assignment is available, employees must request a leave of absence without pay for six months or such time as their license is once again valid, whichever is shorter. CVEA MOU FY 01-05 Page 32 In order to assure that non-driving assignments are provided on a fair and equitable basis, the following procedures shall be observed: 1. Each department will determine whether or not it has any non-driving assignments that can be filled by employees who would otherwise have driving assignments. 2. Non-driving assignments will be given on a first come, first served basis. For example, if two employees in a department have non-valid drivers licenses and there is only one non-driving assignment, the first employee who comes forward will be given the non-driving assignment. The other employee may apply for a leave of absence as described above. ARTICLE 2.18 SUBSTANCE ABUSE POLICY Employees represented by CVEA are subject to the City=s Substance Abuse Policy. ARTICLE 2.19 AMERICAN WITH DISABILITIES ACT The City and the Association recognize that significant legal obligations have been imposed on employers by the Americans With Disabilities Act (ADA). The Association recognizes and agrees that the City may take actions necessary to comply with ADA requirements, which may require decisions that are contrary to the current MOU, Civil Service rules or past practices. However, prior to making any changes, the City shall provide notice to CVEA of such requirements, and upon request, will meet to discuss the proposed changes. ARTICLE 3.01 PROHIBITED PRACTICES I. CVEA pledges it shall not cause, condone or counsel its unit members or any of them to strike, fail to fully and faithfully perform duties, slow down, disrupt, impede or otherwise impair the normal functions and procedures of the City. I1. Should any unit employees during the term of this Memorandum of Understanding breach the obligations of Paragraph I, the City Manager or his designee shall immediately notify CVEA that an alleged prohibited action is in progress. CVEA MOU FY 01-05 Page 33 Ill. CVEA shall forthwith, and in any event, within eight working hours disavow said strike or other alleged prohibited action, shall advise such members orally and in writing to immediately return to work and/or cease the prohibited activity and provide the City Manager with a copy of its advisement or, alternatively, accept the responsibility for the strike or other prohibited activity. IV. If CVEA disavows the prohibited activity and takes all positive actions hereunder in good faith, the City shall not hold CVEA financially or otherwise responsible. The City may impose such penalties or sanctions as the City may appropriately assess against the participants. V. Should CVEA during the term of this Memorandum of Understanding breach its obligations or any of them under this section, it is agreed that the City shall pursue all legal and administrative remedies available to the City that in its discretion it may elect to pursue. VI. There shall be no lockout by the City during the term of this Memorandum of Understanding. ARTICLE 3.02 TERM AND EFFECT OF MEMORANDUM OF UNDERSTANDING This MOU fully and completely incorporates the understandings of the parties hereto for the full term of this agreement, constituting the sole and entire understanding between the parties. All previous terms, conditions and understandings and past practices are hereby specifically repealed and rejected unless explicitly set forth herein. It is further understood, however, that nothing herein prohibits the parties from changing and amending the terms of this MOU CVEA MOU FY 01-05 Page 34 during the period of its effectiveness by further consultations or meet and confer sessions by mutual agreement. For example, matters subject to Meyers-Milias~Brown which are not covered in the MOU, may be acted upon by the City unilaterally after meeting and conferring with affected employee groups. Nothing contained herein shall affect rights and privileges of parties as established by the laws of the State of California, as contained in the Government Code of the State of California under those provisions known as the Meyers-Milias-Brown Act, unless specifically referred to herein. ~ ii1.__~The provisions of this Memorandum of Understanding shall be subject to Federal, State and local law. If at any time during the term of this agreement, through causes beyond the control of the City, the City does not receive substantial sums of anticipated budgeted revenues or is required to make unanticipated expenditures by reason of governmental or Court action, then, in such event, the City reserves the right, with mutual agreement of CVEA, to reopen this Memorandum of Understanding and to meet and confer on all existing or new employment benefits provided herein. This section, however, in no way affects the existing right of the City to lay off employees. ARTICLE 3.03 GRIEVANCE PROCEDURE This grievance procedure shall be in effect during the full term of this Memorandum of Understanding. Section 1. PURPOSE. The purposes and objectives of the Grievance Procedure are to: (1) Resolve disputes arising from the interpretation, application or enfomement of specific terms of this agreement. (2) Encourage the settlement of disagreements informally at the employee-supervisor level and provide an orderly procedure to handle grievances through the several supervisory levels where necessary. (3) Resolve grievances as quickly as possible and correct, if possible, the causes of grievances thereby reducing the number of grievances and future similar disputes. Section 2. DEFINITIONS. For the purpose of this grievance procedure the following definitions shall apply: CVEA MOU FY 01-05 Page 35 (1) Manager: The City Manager or his/her authorized representative. (2) Day: A calendar day, excluding Saturdays, Sundays and hard holidays as described by this agreement. (3) Department head or head of a department: The chief executive officer of a department. (4) Director of Human Resources: The Director of Human Resources or his/her authorized representative. (5) Employee: Any officer or regular (not temporary) employee of the City, except an elected official. (6) Employee representative: An individual who speaks on behalf of the employee. (7) Grievance: A complaint of an employee or group of employees arising out of the application or interpretation of a specific clause in this agreement. (8) Immediate supervisor: The individual who assigns, reviews, or directs the work of an employee. (9) Superior: The individual to whom an immediate supervisor reports. Section 3. REVIEWABLE AND NON-REVIEWABLE GRIEVANCES. (1) To be reviewable under this procedure a grievance must: (a) Concern matters or incidents that have occurred in alleged violation of a specific clause in this agreement; and (b) Specify the relief sought, which relief must be within the power of the City to grant in whole or in part. (2) A grievance is not reviewable under this procedure if it is a matter which: (a) Is subject to those reserved City Management Rights as stipulated under Section 4 of the Employer-Employee Relations Policy for the City of Chula Vista or under management rights as specified in this agreement. CVEA MOU FY 01-05 Page 36 (b) Is reviewable under some other administrative procedure and/or rules of the Civil Service Commission such as: 1. Applications for changes in title, job classification or salary. 2. Appeals from formal disciplinary proceeding. 3. Appeals arising out of Civil Service examinations. 4. Appeals from work performance evaluations. 5. Appeals that have Affirmative Action or civil rights remedy. (c) General complaints not directly related to specific clauses of this agreement. (d) Would require the modification of a policy established by the City Council or by law. (e) Relates to any City group insurance or retirement programs. Section 4. GENERAL PROVISION OF THE GRIEVANCE PROCEDURE. (1) Grievances may be initiated only by the employee or employees concerned and may not be pursued without his/her or their consent. (2) Procedure for Presentation. In presenting his/her grievance, the employee shall follow the sequence and the procedure outlined in Section 5. (3) Prompt Presentation. The employee shall discuss his/her grievance with his/her immediate supervisor within ten (10) working days after the act or omission of management causing the grievance, or within ten (10) working days of when the employee, with the exercise of reasonable diligence, should have discovered the act or omission being grieved. (4) Prescribed Form. The written grievance shall be submitted on a form prescribed by the Director of Personnel for this purpose. (5) Statement of Grievance. The grievance shall contain a statement of: CVEA MOU FY 01-05 Page 3? (a) The specific situation, act or acts complained of as an agreement violation; (b) The inequity or damage suffered by the employee; and (c) The relief sought. (6) Employee Representative. The employee may choose someone to represent him/her at any step in the procedure. No person hearing a grievance need recognize more than one representative for any employee at any one time, unless he/she so desires. (7) Handled During Working Hours. Whenever possible, grievances will be handled during the regularly scheduled working hours of the parties involved. (8) Extension of Time. The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended. (9) Consolidation of Grievances. If the grievance involves a group of employees or if a number of employees file separate grievances on the same matter, the grievances shall, whenever possible, be handled as a single grievance. (10) Settlement. Any complaint shall be considered settled without prejudice at the completion of any step if all parties are satisfied or if neither party presents the matter to a higher authority within the prescribed period of time. (11) Reprisal. The grievance procedure is intended to assure a grieving employee the right to present his/her grievance without fear of disciplinary action or reprisal by his/her supervisor, superior or department head, provided he/she observes the provisions of this grievance procedure. (12) Back pay. The resolution of a grievance shall not include provisions for back pay retroactive further than twenty (20) working days prior to the date the grievance is filed. However, if with the exercise of reasonable diligence the act or omission being grieved was not discovered within 10 working days of its occurrence, and the grievance is subsequently timely filed pursuant to Section IV (3), then the resolution of the grievance may include provision for back pay for a maximum period of one year from the date the grievance was filed. CVEA MOU FY 01-05 Page 38 Section 5. GRIEVANCE PROCEDURE STEPS. The following procedure shall be followed by an employee submitting a grievance pursuant to policy: Step l Discussion with Supervisor. The employee shall discuss his/her grievance with his/her immediate supervisor informally. Within three (3) working days, the supervisor shall give his/her decision to the employee orally. Step 2 Written Grievance to Superior. If the employee and supervisor cannot reach an agreement as to a solution of the grievance or the employee has not received a decision within the three (3) working days' limit, the employee may within seven (7) working days present his/her grievance in writing to his/her supervisor who shall endorse his/her comments thereon and present it to his/her superior within seven (7) working days. The superior shall hear the grievance and give his/her written decision to the employee within seven (7) working days after receiving the grievance. Step 3 Grievance to Department Head. If the employee and superior cannot reach an agreement as to a solution of the grievance or the employee has not received a written decision within the seven (7) working days' limit, the employee may within seven (7) working days present his/her grievance in writing to his/her department head. The department head shall hear the grievance and give his/her written decision to the employee within seven (7) working days after receiving the grievance. Step 4 Grievance to Director and Manager. If the grievance is not settled at the department head level, it may be submitted by the Association Representative within twenty (20) working days to the Personnel Director, who shall investigate and report his/her findings and recommendations to the City Manager within ten (10) working days. The City Manager shall provide his/her answer within ten (10) additional working days. The times indicated may be extended by mutual agreement. Any Employee grievance will be filed with the Association Representative at Step 4. Following the submission of the City Manager's answer, and before going to Section 6, Advisory Arbitration, matters which are unresolved shall be discussed at a meeting between the parties during which all pertinent facts and information will be reviewed in an effort to resolve the matter through conciliation. CVEA MOU FY 01-05 Page 39 Section 6. ADVISORY ARBITRATION. Any dispute or grievance which has not been resolved by the Grievance Procedure may be submitted to advisory arbitration by the Association Representative or the City without the consent of the other party providing it is submitted within ten (10) working days, following its termination in the Grievance Procedure. The following Advisory Arbitration procedures shall be followed: (1) The requesting party will notify the other party in writing of the matter to be arbitrated and the contract provision(s) allegedly violated. Within five (5) working days of the receipt of this notice, the parties may agree upon an arbitrator, or a panel of three arbitrators trained in conducting grievance hearings. If agreement on an arbitrator cannot be reached the State Department of Industrial Relations shall be requested by either or both parties to provide a list of five arbitrators. Both the City and the Association shall have the right to strike two names from the list. The party requesting the arbitration shall strike the first name; the other party shall then strike one name. The process will be repeated and the remaining person shall be the arbitrator. (2) The arbitrator shall hear the case within twenty (20) working days after the arbitrator has been selected. The arbitrator may make a written report of their findings to the Association and the City within fifteen (15) working days after the hearing is concluded. The arbitrator shall make rules of procedure. The decision of the arbitrator shall be advisory to the City Manager who shall render a final decision within ten (10) working days. The arbitrator shall have no authority to amend, alter or modify this agreement or its terms and shall limit recommendations solely to the interpretation and application of this agreement. The above time limits of this provision may be extended by mutual agreement. (3) Each grievance or dispute will be submitted to a separately convened arbitration proceeding except when the City and the Association mutually agree to have more than one grievance or dispute submitted to the same arbitrator. (4) The City and the Association shall share the expense of arbitrators and witnesses and shall share equally any other expenses, including those of a stenographer, if required by either party. If either party elects not to follow the advisory decision rendered by the arbitrator, that party shall pay the CVEA MOU FY 01-05 Page 40 entire cost of the arbitration process, including the expense of the arbitrator, witnesses and/or stenographer. ARTICLE 3.04 SAVINGS CLAUSE If any article or section of this Memorandum of Understanding shall be held invalid by operation of law or by any tribunal or competent jurisdiction or if compliance with or enfomement of any article or section shall be restrained by such tribunal, the remainder of this agreement shall not be affected thereby. The parties shall if possible meet and confer or meet and consult as the case may be for the purpose of arriving at a mutually satisfactory replacement for such article or section. Negotiating Team Members CITY OF CHULA VISTA: Candace Emerson, Chief Negotiator City of Chula Vista Chery/I/Cruchtei CVEA MOU FY 01-05 ?age 4! Negotiating Team Members CHULA VISTA EMPLOYEES ASSOCIATION: '"~. "~,~f~EA President Co-Chief Negotiator , Dep. Director of SEIU Local 2028 CVEA MOU FY 01-05 Page 42 Appendix A CLASSIFICATIONS Accountant Accounting Assistant I Accounting Assistant II Administrative Aide Administrative Analyst I Administrative Analyst II Administrative Secretary Administrative Technician Animal Control Officer Aquatic Coordinator Assistant Planner Assistant Surveyor I Assistant Surveyor II Associate Planner Building Inspector/Code Enforcement Officer I Building Inspector/Code Enforcement Officer II Buyer Circulation Assistant Circulation Supervisor Communications Operator I Communications Operator II Community Development Specialist I Community Development Specialist II Community Service Officer Computer Programmer/Analyst Computer Programmer Computer Programmer/Operator Construction Specialist I Construction Specialist II (CARP) Construction Specialist II (ELEC) Construction Specialist II (HVAC) Construction Specialist II (PAINT) Construction Specialist II (PLUMB) Crime Analyst Criminal Information Systems Specialist Custodian I Custodian II Customer Service Representative Delivery Driver Electronics Technician Engineering Aide Appendix A Engineering Technician I Engineering Technician II Engineering Technician III Equipment Mechanic I Equipment Mechanic II Equipment Operator Evidence Control Assistant Evidence Technician Fire Apparatus Mechanic Fiscal Office Specialist Gardener I Gardener II Geographic Information Systems Specialist Graphics Technician Human Services Coordinator Information System Technician Kennel Attendant Landscape Planner Latent Print Examiner Lead Communications Operator Librarian I Librarian II Librarian III Library Associate Library Information System Technician Library Technical Assistant Library Volunteer Coordinator Mainframe Computer Operator Maintenance Worker I Maintenance Worker II Nature Center Maintenance Specialist Office Specialist Open Space Inspector Paint Striping Operator Parking Control Officer Parking Operations Officer Parks Supervisor Payroll Technician Planning Technician I Planning Technician II Planning Technician III Plans Examiner Police Data Specialist Appendix A Police Department Training Coordinator Police Records Specialist Police Records Transcriptionist Police Recruit Police Services Officer Pool Manager Public Works Inspector I Public Works Inspector II Public Works Supervisor Public Works Technician Pump Mechanic Recreation Supervisor I Recreation Supervisor II Secretary Shelving Supervisor Senior Accounting Assistant Senior Administrative Secretary Senior Building Inspector Senior Circulation Assistant Senior Code Enforcement Officer Senior Crime Prevention Specialist Senior Electronics Technician Senior Equipment Mechanic Senior Fiscal Office Specialist Senior Gardener Senior Library Technical Assistant Senior Lifeguard Senior Maintenance Worker Senior Office Specialist Senior Public Works Inspector Senior Secretary Senior Storekeeper Senior Tree Trimmer Signal System Engineer Sports Coordinator Storekeeper I Storekeeper II Supervising Pump Maintenance Mechanic Survey Technician I Survey Technician II Town Gardener Traffic Devices Technician Traffic Devices Technician Supervisor Tree Trimmer Appendix B CLASSIFICATIONS Construction Specialist I Construction Specialist II Custodian I Custodian II Electronics Technician Equipment Mechanic I Equipment Mechanic II Equipment Operator Maintenance Worker I Maintenance Worker II Nature Center Maintenance Specialist Park Supervisor I Public Works Supervisor I Pump Maintenance Mechanic I Pump Maintenance Mechanic II Senior Electronics Technician Senior Equipment Mechanic Senior Gardener Senior Maintenance Worker Senior Storekeeper Senior Tree Trimmer Signal System Engineer Storekeeper I Storekeeper II Supervising Custodian Supervising Pump Maintenance Mechanic Town Gardener Traffic Devices Technician Traffic Devices Technician Supervisor Traffic Painter Tree Trimmer Appendix C CLASSIFICATIONS Animal Control Officer Community Service Officer Fire Inspector I & II Kennel Attendant Parking Control Officer Parking Operations Officer Park Ranger Supervisor Police Recruit Police Services Officer Non-Seasonal Pool Manager Senior Lifeguard RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE MEMORANDUM OF UNDER- STANDING PROVISIONS WITH THE WESTERN COUNCIL OF ENGINEERS (WCE) AS REFLECTED IN EXHIBIT A W~EREAS, the Management Negotiation Team representing the City Manager of the City of Chula Vista, acting for and on behalf of the City Council of the City of Chula Vista, have heretofore met and conferred with the Chula Vista Chapter, Western Council of Engineers, an organization representing certain members of the classified employees in the City of Chula Vista, in accordance with the provisions of Section 3500 et seq. of the Government Code of the State of California; and WHEREAS, the provisions of a Memorandum of Understanding jointly prepared by said parties as a result of meeting and conferring in good faith has been presented to the City Council and has been previously approved in concept by the City Council in closed session. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby adopt the Memorandum of Understanding concerning wages and other terms and conditions of employment with the Western Council of Engineers reflected in Exhibit A. Presented by Approved as to form by Candy Emerson J.o~d/M. Kaheny Director of Human Resources ~ Attorney J: \attorney\reso\wce mou EXHIBIT "A" CITY OF CHULA VISTA MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF CHULA VISTA AND WESTERN COUNCIL OF ENGINEERS 1.01 PREAMBLE This MOU is entered into by the City of Chula Vista, hereinafter referred to as the "City@ and the Chula Vista Chapter of the Western Council of Engineers. 1.02 RECOGNITION The City recognizes the Chula Vista Chapter of the Western Council of Engineers, hereinafter referred to as "WCE" as exclusive representative for thc employees in the City o£Chula Vista that arc employed in thc following classifications: Assistant Engineer I Assistant Engineer II Civil Engineer Land Surveyor 1.03 CITY RIGHTS A. WCE recognizes that the City has and will continue to retain in all respects, whether exercised or not, thc unilateral and exclusive fight, subject to this Agreement, to operate, administer, and manage its public services and its work force performing those services. B. Thc exclusive fights of thc City shall include, but not be limited to: Determining the organization of City government and the purpose and mission of its constituent agencies. · Setting standards of service to be offered to the public and, through its management officials, to exercise control and discretion over its organization and operations. · Establishing and effecting administrative regulations and employment rules consistent with the law and the specific provisions of this Agreement. · Directing its employees. Page 2 · Determining the City budget. · Taking disciplinary action. · Relieving employees from duty because of a lack of work or for other legitimate reasons. · Determining the methods, means, and personnel by which the City's services are to be provided, including the right to schedule and assign work and overtime, and to otherwise act in the interest of efficient service to the City. · Subcontracting out various services whether currently performed by City workforce or not, when no elimination of current employees will result and management determines it is in the public interest. C. The exercise and retention of the City fights contained herein does not preclude the employees and/or WCE from consulting about the practical consequences that decisions on these matters may have on wages, hours, and other terms and conditions of employment. D. Nothing contained in this provision shall be deemed to supersede the provisions of existing State law and the ordinances and rules of the City which establish the Civil Service System. E. Fitness for Duty The parties agree that physical and mental fitness of City employees are reasonable requirements to perform the duties of the job and instill public confidence. Recognizing these important factors, the parties agree that during the term of this Agreement, the City with reasonable cause, may require medical and psychological assessments of employees provided the City pays and provides time off without loss of pay for such assessments. All such assessments shall be done by appropriately qualified health care professionals. It is understood that the assessment regimen performed by said professionals shall be reasonably related to with the requirements and duties of the job. Any treatment or remedial action shall be the full responsibility of the employee, except as otherwise provided by law or as may be provided through the Employee Assistance Program (EAP) for City employees and the Substance Abuse Policy. 1.04 WCE RIGHTS WCE shall have the right to: · Be provided a reasonable amount of space on relevant City bulletin boards for legitimate communications with members. · Be granted use of City facilities by the appropriate authority for meetings composed of WCE members, provided such meetings are held outside regularly scheduled working hours for the group which is meeting, and provided space can be made available without interfering with City needs. WCE will provide proper advance notice of such meetings and pay any contingent costs of security, supervision, damage and clean-up. · Have WCE provided without charge ~ bound copies of the: Memorandum of Understanding no later than thirty (30) calendar days after date of City Council ratification. In addition, City shall provide without charge to WCE the FY ~2(i~[~ thru FY ~r,.g0~:~04/05 Memorandum of Understanding in the City's standard word processing format on a single 3-1/2" floppy computer disk. · Be allowed reasonable access to employees of the unit at their work locations during working hours for the purpose of consulting with employees in the unit regarding the employer-employee relationship, provided that (1) the work of the employee and the service of the public are not unduly impaired, and (2) the authorized representative shall have given advance notice to the department head or m~iti~ designated representative when contacting departmental employees during the duty period of the employees. The department head shall determine the appropriate time for such access. · Designate two (2) employees plus altemates who serve as official representatives. Such persons shall be released from work, without loss of compensation, when formally meeting and conferring with management representatives on matters within the scope of representation. One member shall also be released from work without loss of compensation when meeting with management representatives on matters pertaining to an allowable grievance item. · Be provided, upon request, such literature and public documents as may be necessary (i.e., City budget, Workers Compensation · The City of Chula Vista shall bill WCE $. 18 per member per pay period for the full costs incurred for dues deduction on behalf of WCE. · If the City proposes layoffs of positions represented by WCE or freezing or deletion of vacant positions represented by WCE after / will have Engineering management discuss these with a two-person WCE team to discuss possible alternatives. WCE will act only in an advisory capacity to the City and acknowledges and recognizes the City's full rights under Section 1.03 of this Agreement. 1.05 DISCRIMINATION PROHIBITED A. General Discrimination Page 4 Neither the City nor Western Council of Engineers (WCE) shall discriminate in any way on account of race, creed, religion, sex, national origin, marital status, sexual orientation, age or disability as provided by law. Western Council of Engineers and those it represents, shall fully cooperate with the City in complying with this requirement of nondiscrimination. B. American with Disabilities Act The City and WCE recognize that significant legal obligation have been imposed on employers by the Americans with Disabilities Act (ADA). WCE recognizes and agrees that the City may take actions necessary to comply with the ADA requirements which may require decisions that are contrary to the current MOU, Civil Service rules or past practices. However, prior to making any changes, the City shall provide notice to WCE of such requirements, and upon request, will meet to discuss the proposed changes. 2.01 WAGES AIl WCE ..... eraployCes will:rev-etve:a 5% s~ary increase effective ~epa¥ ~rl~ mclu~g Janll~:l~: ~005·' : ~ ~ ' B. The City shall pay seven percent (7 % ) of the employee's contribution to PERS for classifications represented by WCE. ~tg at~?~itv, ait/tble as aPERS c, ontraet ovtlon, on o~ before ganU~:l ;2~a~fl~003 C. All other payroll and wage changes, such as merit increases, shall be made effective at the beginning of the Page 5 regular pay period closest to the date of change. D. Distribution of paychecks shall be done only on regular paydays except in an emergency, when employees may receive their check on a day other than a regular payday if a memo is directed from the Department Head to the Finance Officer justifying the request. E. Employees, who do not have direct deposit, are eligible for pay in advance for a maximum of two weeks of earned vacation pay. Vacation pay in advance will be made on a regular payday if the employee notifies the Finance Department at least three working days prior to the payday on which payment is desired. F. All Assistant Engineers II and Chief Plans Examiners who become registered by the State of California as a Professional Civil Engineer, Professional Traffic Engineer or Land Surveyor, and such registration is not a requirement of the position held, shall receive five percent (5 % ) additional compensation, 2.01.1 Job Sharing The City will make reasonable accommodation for an employee in a regular position who desires to share his/her job with another qualified employee or eligible person. Jobs may be shared on an hourly or daily basis. All legally permissible benefits will be pro-rated. Each employee shall be notified in writing by the appointing authority (Director of Public Works) at the time of the appointment and such notification will clearly define the benefits to which each employee is entitled. 2.01.2 $~ 2.02 PROFESSIONAL LICENSE OR REGISTRATION EXAMINATION LEAVE Represented employees who have made application for and arc scheduled to participate in a licensure examination for Professional Engineer, Professional Traffic Engineer, or Land Surveyor shall, upon verification by the appointing authority, be granted time with pay to participate in any such part of the examination which is scheduled during City work hours. Such time offshall be granted one time only and shall not be charged to any leave time. Page 6 2.03 EXTRAORDINARY SERVICE A. Extraordinary Service Pay is defined as pay for exceptional performance by an individual at his/her classification level as determined by the department head. B. Eligibility shall be determined by one or more of the following criteria: 1. The employee has performed outstanding work on a continuing basis at his/her current job classification level such as, but not limited to: a. Frequent completion of work significantly ahead of schedule. Volume and/or quality of work produced greatly exceeds department norms on a continuing basis. 2. The employee has completed, or is currently working on an assignment which calls for a substantial degree of greater responsibility and/or professional or technical expertise than his/her current job classification requires and is not covered by Temporary Work in a Higher Classification Pay provisions contained herein. 3. The employee has completed, or is currently planning, developing or implementing a special program initiated or suggested by himself/herself and approved by the department head which will provide substantial overall benefit to the department and/or the City. C. Implementation l. The department head shall, during the months of June and December, meet with his/her supervisory staffto determine if any employee should receive Extraordinary Service Pay for exceptional performance during the past six (6) month period. The maximum number of eligible employees during the year shall not exceed three (3) persons. 2. When the department head determines that an employee should receive ESP, it shall be his/her responsibility to determine the amount and to forward his/her recommendation(s) to the City Manager for approval. 3. ESP shall be a lump sum payment of one of the following amounts as determined by the department head and approved by the City Manager: $250, $300, $400, $500 or $600. Payment shall be made within thirty (30) days following the City Manager's approval at a staff meeting called for the purpose of presenting the awards. Along with the awards, each recipient will receive a letter of appreciation signed by the City Page 7 Manager or his/her designated representative which, in part, will give the reasons for that particular award. D. Annual review by the department head(s) or their designated representative(s) and WCE shall be made in the second quarter of each calendar year. The eligibility and implementation procedures shall be reviewed to determine if any revisions, deletions, or additions should be made to this provision (ESP). Changes to this provision (ESP) shall be subject to the mutual approval of the department head(s) and WCE. E. The provisions of this Section shall not be subject to the grievance procedure. The provisions of this Section are separate and distinct from the City's Performance Evaluation System. 2.04 DEFERRED COMPENSATION Employees represented by WCE shall be eligible to participate in the City's approved Deferred Compensation Plan. 2.05 MILEAGE REIMBURSEMENT Employees in this trait shall be subject to a mileage reimbursement program when required to use their private automobile for authorized City business. Reimbursement rate will be fled to the IRS rate permitted by law in effect at the time reimbursement is requested. 2.06 WORK WEEK 1. Definition The work week is a fixed and regular recurring period of work hours during the seven consecutive 24 hour periods beginning at 12:01 a.m. on Friday and ending at 12:00 a.m. the following Friday morning. B. Work Schedules 1. There are five types of schedules utilized in the Department of Public Works. Each of these schedules fall within the normal two week payroll cycle: a. Regular Work Schedule- A five day, 40 hour week with an eight hour day and a choice of a 30 - 120 minute lunch period. b. Flex-time Schedule - A non-regular work schedule with a consistent pattern as to the number of work hours per day, but an arrangement whereby the employee is obligated to perform work and be responsible for flexing the hours of his/her own work schedule in accordance with written arrangements agreed to by the employees and the appointing authority. c. Flex week Schedule (4/10) - The Flex-week Schedule (4/10) consists of four 10-hour days during a one week period with a choice of a 30 ~ 60 minute lunch period. d. Flex-week Schedule - The Flex-week schedule consists of four 9-hour work days and one- half day during a one-week period with a choice of a 30-120 minute lunch period. Page 8 Employees cannot be regularly scheduled for more than 40 hours in a work week as defined in 2.06 A. 2. Employees may request in writing a change in work schedule for the employee's own convenience. All schedule changes are subject to supervisor and departmem head approval, and must be submined at !eas~ two ~eks prior tO the implementation date. C. Policies and Procedures 1. Individual employee's preference will be considered whenever possible based upon seniority, satisfactory work performance and the needs of the department within each work unit in choosing a particular work schedule. However, the overriding factor to be considered in allowing variable work schedules shall be that all work units are adequately staffed, including supervision, from 8:00 a.m. until 5:00 p.m., Monday through Friday. 2. All new employees who are serving a probationary period and are subject to the Agreemen~e21 ~m~!_y be required for the first six months of the probat~0nary period to work a five day 40 hour ~veek, with an hour off for lunch~ ~ di~0~ ~tli~iS~0~, to facilitate adequate training for the position. At the end of the six month period, if the employee has received a standard or better performance evaluation, he/she may request a change in work schedule. 3. Should the production and efficiency of an individual or work unit on a variable work schedule not meet the department's needs, as determined by the department head, it shall be the division head's prerogative to alter individual work schedules or schedules of a work unit. 4. An employee may be required to alter his/her work schedule, either temporarily or permanently to provide adequate coverage when other personnel are absent, vacancies exists, when holidays create time constraints, or when peak load requirements demand. Except in casesofemergency operations or unforeseen absences, proper notice of a change in work schedule arising from other than a transfer or promotion shall be given the affected employee. Proper notice shall be two weeks notice. Failure to give proper notice to the employee shall entitle the affected employee to compensation for all hours actually worked on the new schedule which are at variance from the employee's previous schedule until proper notice is given. 5. Time off for vacation or sick leave shall be charged in accordance with the employees work schedule for the days in question. Holidays are credited for eight hours. Depending upon the work schedule (i.e., for days in excess of eight hours) an employee shall make up the additional time or take vacation time off for the excess. 2.07 OVERTIME 1. Definition - Whenever an employee is ordered to work more than 40 hours in a work week they shall be granted overtime pay at the rate of 12 times their Fair Labor Standards Act (FLSA) "Regular Rate" or compensatory time off at 12 times the extra hours worked (except as stated in Section 2.06.). Such overtime work shall be only at the direction of and first approved by the employee's immediate supervisor. Payment for overtime shall be made during the pay period wherein the overtime was earned. A record of compensatory overtime earned and utilized shall be maintained on the biweekly pay records. Compensatory overtime shall not be accrued to an employee's credit for any time in excess of 40 hours. Reimbursement for overtime with time offor pay will be at the option of the supervisor and the department head based on the employee's request while recognizing the overall departmental staffing requirements. "Time Worked" - Includes ail paid hours including sick leave, leaves during which Workers' Compensation Page 9 is paid, vacation time, holidays or any other time away from the job that is paid. 2. Administration of Overtime - All time worked in addition to the work week with the exception of insignificant amounts of "hours worked" will be counted toward the 40 hour work week. Insignificant amounts of hours worked is defined as any time worked outside the regular schedule that is less than 15 minutes in a day, unless defimtion is changed in Federal Regulations or by court action. 2.08 BILINGUAL PAY 2.09 EMPLOYEE BENEFITS A. Flexible Benefit Plan 1. Desc,r.!ptton of Program - Represented employees shall each receive $75~as:i:if ~2/302 ~"~ to be used solely for approved employee benefits· . To maintain relative buying power for the employees to purchase health benefits from their flexible benefit plan, the City agrees to increase the annual flex plan allotment by one half of the average cost increase for full family non-indemnity health plan premiums. The City=s share of the increased cost will be added to the beginning flex plan balance of the next available flex plan year. The City agrees that the annual flexible benefit plan allament will not be decreased. 2. Administration of Program a. From June 15 through June 30 of the fiscal year, requests for reimbursement under the City's "Flexible Benefit Plan" will be approved for "emergency" expenses only. An emergency is defmed as an unforeseen occurrence or combination of circumstances which necessitated immediate action. Requests for reimbursements for purchases made by employees after June 15 for those items and services rendered which are not of a routine nature, will be reviewed on an individual bases by Human Resources to determine if an emergency existed. Upon approval of emergency requests, reimbursements will be granted. Examples: · Emergency medical expenses not covered by insurance for an illness Page 10 that requires the services of a doctor, clinic, or hospital including auxiliary services (emergency transportation, lab tests, prescriptions and so forth) will be covered. · Emergency Vision Expenses-Repair of broken eyeglasses or replacement of lost contact lenses will be approved. (Not: routine eye exam, spare glasses, etc.). · Emergency Dental Expenses-Reimbursements for expenses associated with toothaches, broken teeth, impacted wisdom teeth, root canals, etc, will be covered. (Not: romine dental work done as a result of an exam done after June 1.) b. Reimbursements shall be for a minimum of $50 except from May 15 to June 30 of the fiscal year when no minimum will be required for reimbursement. Reimbursement will be processed generally on a bi-weekly basis. c. Employees who are on a leave of absence, unless such leave is due to disability or suspension for disciplinary reasons, may not utilize their Flex Plan benefit during the absence (see Section 2.13 Leave of Absence). d. Employees may not utilize their flex plan benefits to pre-pay health or dental insurance premiums for periods after they retire or otherwise terminate from City employment. 3. Content of Program - The Flexible Benefit Plan will consist of one mandatory selection and additional optional selections. a. Mandatory Selection Hospital, Medical and Life Benefits (Employee) Each represented employee must select one of the medical plans offered by the City for health protection. Employee coverage includes a $3,000 group term life policy. In addition, the City will provide an additional $7,000 group term life insurance policy for each represented employee for a total of $10,000. In the case of two City employees who are married to each other, one spouse may cover the other as a dependent. b. Optional Selections (1) Hospital/Medical Care Benefits (Dependents) A represented employee may elect dependent coverage under the approved City sponsored health plans under one of two categories of coverage either "Employee plus one" or "employee plus family" Page 11 coverage. (2) Prepaid dental insurance benefits offered by the City for employee, employees plus one or employee plus family coverage. (3) Reimbursable Programs A represented employee may elect to receive reimbursement for the following expenditures with any balance left after the purchase of health insurance for the employee and/or the employee and dependents. The descriptions below are general in nature. Eligible programs shall be the same as those for the Mid-Management Group. Specific roles for allowable reimbursements will be based on applicable Internal Revenue Code (IRC) sections. · Vision, Dental and Medical Each represented employee may apply any remaining portion (after mandatory costs are paid) to out-of-pocket vision, dental and medical costs on a reimbursement basis. Employees remain free to be attended by a practitioner of their own choosing. · Physical Exam Employees may elect to receive reimbursement for a voluntary physical exam from the physician of their choice. · Supplemental Life Insurance Each represented employee may purchase additional group life insurance (in accordance with IRC ' 79) in addition to the $ I 0,000 group term life insurance provided by the City under Section 3(a) above. · Miscellaneous Categories Employees may elect to apply any remaining portion (after mandatory costs are paid) towards deductible and out-of- pocket health plan costs. · Dependent Care Employee may receive reimbursement for dependent care expenses incurred in order to allow the employee to work for the City. Dependent care reimbursements from the Flexible Benefit Plan, alone or in combination with a Dependent Care Page 12 FSA, cannot exceed $5,000 per calendar year (refer to Section 2.09.B.4.{b}) · Supplemental Health Insurance Employees may receive reimbursement for the costs of any City sponsored health insurance plans which supplement the existing City-offered health plans. Examples of such insurance may include cancer insurance or intensive care insurance. · Group Vision Care If available, employees may individually pumhase group vision care offered by the City. · Group psychological Health Plan If available, employees may individually purchase group psychological health plan offered by the City. B. Additional Benefits 1. Long-Term Disability - The City will contribute the amount necessary to provide long-term disability protection for each employee represented by WCE in accordance with the following: The plan will include a thirty (30) day waiting period, a maximum benefit of 60% of salary up to $7,500/month. The plan will provide benefits until age 65 in the event a disability prevents the employee from performing his or her own occupation, and is subject to the provisions of existing applicable insurance and retirement plans. 2. Professional Enrichment - A special lq ' ~ ' und of ~t~8~00~.;~;~ will be established for use by represented employees during the term of this agreement. must receive approval from his/her department head and funds may be claimed for reimbursement out of the special fund. __i per fiscal year. However, with approval of the department head, a represented member may consent to allocate up to ~5055~ of his/her entitlement to another represented member. If an employee allocates his/her fiscal year entitlement, or any portion thereof, to another employee, then said employee shall not be eligible to receive a third employee's unused entitlement. Further, if an employee receives all or part ora second employee's fiscal year entitlement, but does not expend all of the second Page 13 employee=s fiscal year entitlement or part of their own, then the unused portion shall not revert to the second employee or be further transferred to any other employee. Reimbursement to any individual employee in any fiscal year may not exceed · ~09. Funds paid to the employee from the Professional Enrichment special fund may be reportable as part of gross income to the employee. Reimbursement for application fees for Professional License Exams shall be reimbursed with proof of obtaining the For the term of this MOU. Professional enrichment allowable reimbursements shall include, but not be limited to: a. Conferences and Seminars b. Professionally related dues ~ ~ c. College courses d. Books and supplies associated with course work or professional development e. Travel to and from conferences and seminars, including air, rail, hotel- furnished transportation, hotel limo, shuttle, bus, taxi, mileage reimbursement and parking f. Lodging at conferences and seminars g. Meals at conferences and seminars ($30 per day maximum) h, Periodicals and subscriptions i. Application fees for licensing examinations j. Professional registration fees. k. Hand-held scientific calculators, peripherals and computer solq3vare. NOTE: With regard to computer software, all purchases shall be work related, compatible with software used by the City and subject to the review and approval of the City Engineer and/or Public Works Director. Use of software other than during normal working hours shall not be considered time worked for overtime, unless authorized and directed by supervisor. Such expenses must be related to the employees' professional or technical growth. Page 14 Professional enrichment will also be administered in accordance with State and Federal Laws. All Professional Enrichment reimbursements will : be taxable 3. Flexible Spending Accounts for Health Care and Dependent Care Two Flexible Spending Accounts (FSAs), under Sections 105, 125, 129 and 213 of the Internal Revenue Service Code, are offered to all represented employees. Employees may elect to budget by salary reduction, for certain health and welfare benefits and dependent care reimbursements on a pre-tax basis. If the City does not meet IRS regulations or if the IRS regulations change for any reason, this benefit may be discontinued. a. Health and Welfare FSA Before the start of the FSA plan year (January 1 to December 31), represented employees may reduce their salary up to $2,500 to pay for eligible health and welfare expenses. Salary reductions will accrue bi-weekly dmfng the plan year and reimbursements will be made on a schedule to be determined by the City. This is a reimbursement program. Participating employees must submit documentation of payment on the appropriate forms to receive reimbursement. Salary reductions not spent by the end of the plan year, by law, are forfeited to the City. b. Dependent Care FSA Before the start of the FSA plan Year (January 1, to December 31), represented employees may reduce their salary up to $5,000 to pay for eligible dependent care. In no event can dependent care pre-tax dollars, whether reimbursed through an FSA, the City Flexible Benefit Plan or a combination of both, exceed $5,000 per calendar year (refer to Section 2.09.A.3(b)(3). Salary reductions will accrue bi-weekly during the plan year and reimbursements will be made on a schedule to be determined by the City. Dependent care must qualify under all pertinent 1RS regulations. This is a reimbursement program. Participating employees must submit documentation of payment and other information related to dependent care arrangements to receive reimbursement. Salary reductions not spent by the end of the plan year, by law, are forfeited to the City. Page 15 c. FSA Administration The City reserves the right to contract with a Third Party Administrator (TPA) for administration of both FSA's. The City will pay the start-up costs associated with third party administration. Participating employees will pay monthly, per employee, or per transaction administration fees, if any. 4. Health and Dental Payroll Deductions Treated as Pre-tax Under Sections 125, 105, and 213 of the Internal Revenue Service Code, the City will treat all payroll deductions for health and dental care on a pre-tax basis, unless an affected employee requests such deductions be taxed. If the City does not meet IRS regulations or if the IRS regulations change for any reason, this benefit may be discontinued. 5. Medical Premium Retirement Benefit Plan The City will offer a medical premium retirement benefit plan, under Section 457(0 of the Internal Revenue Service Code, to all represented employees through the JPEBA, Joint Powers Employee Benefit Authority (or an equivalent plan). This program will provide employees the option of making unlimited pre-tax contributions fi.om their wages to pm-fund post-retirement health insurance premium costs for themselves and their dependents. Since IRS Section 457(0 requires restrictions on the program that can result in forfeiture of the contributions to the City for specified reasons, employees are advised to carefully review the information that will be provided on the program prior to deciding whether or when to participate. The City will pay the start-up costs associated with third party administration. Participating employees will pay the participant costs. If the City does not meet IRS regulations or if the IRS regulations change for any reason, this benefit will be discontinued. 6. Supplemental Life Insurance WCE represented employees may purchase supplemental life insurance for themselves or their eligible dependents. 7. PERS Health Care In the third year of this contract, prior to the renewal of the City health insurance contracts, the City will meet and confer regarding the implementation of PERS health Page 16 2.10 RETIREMENT WCE members have the following PERS retirement benefits: A. 2% at 55 B. City paid members contributions (7%). C~t'ypaid mem-b~ ioiiS will 8~ effective 2003 if:3% at 60 is c. Single highest year final compensation; D. Sick Leave Credit; E. 1959 Survivor benefit (Fourth level); and F. Military Credit. All refunds of employee contributions or additional costs of employee retirement contributions mandated by the courts and/or requested by PERS because of court decisions during the life of the contract will be reimbursed to or paid by the employee. 2.11 HOLIDAYS A. Fixed Holidays - The following days of each year are recognized as holidays: 1. January 1st, New Years Day 2. The third known as Martin Luther King Birthday 4. The last Monday in May, known as Memorial Day 5. July 4th, known as Independence Day 6. The first Monday in September, known as Labor Day 7. The third Thursday in November, known as Thanksgiving Day 8. The Friday after Thanksgiving Day 9. December 25th, known as Christmas Day B. Holiday Pay - Employees shall receive eight hours pay at their regular hourly rate for each fixed holiday payable during the pay period in which the regular holiday occurs. If an employee normally works more than eight hours per day, they must either make up the additional hours of work missed due to the holiday within the same FLSA work week or submit a leave slip of vacation, holiday or compensatory time for the difference between the eight hour holiday and the hours they are normally scheduled to work. Page 17 C. For employees who work the traditional Monday through Friday work week, overtime will be paid if the employee is directed and authorized by the Department Head or his/her designee to work on the day City offices are closed to celebrate a fixed holiday. Ifa fixed holiday falls on a Saturday, the preceding Friday shall be observed as the holiday. Ifa fixed holiday falls on a Sunday, the following Monday shall be observed as the holiday. E. Floating Holidays: 1. Amount - Effective the first pay period in July of each fiscal year of this Agreement, employees shall be credited with thirty-two (32) hours floating holiday time, eight hours each for: Lincoln's Birthday, Washington's Birthday, Admission Day and Veteran's Day. Employees may take floating holiday time at their discretion with the approval of their department head . 2. Floating Holiday Use - If an employee uses floating holiday time before the holiday passes and subsequently leaves City service, they will be charged for such time, If employees do not use their floating holiday time before June 30 of the fiscal year, they will lose such time. The smallest unit of time chargeable to floating holiday time is one half hour. 2.12 VACATION AND SICK LEAVE A. Def'mition - For the purpose of this section, the following de£mitions shall apply: 1. "Continuous Service" means City service uninterrupted by separation. 2. "Intermittent service" means City service interrupted by separation. 3. "Time worked" includes all paid time. 4. "Active service" includes time worked, leave of absence without pay not to exceed 14 calendar days, and leave of absence not to exceed one (1) year for which Workers Compensation is paid. B. Vacation 1. Vacation Accrual - Continuous service: Each employee paid biweekly shall be entitled to vacation with pay. The following provisions shall apply: a. Employees will accrue 10 working days during the first year of service. This benefit will be accumulated at the rate of 3.07 working hours for each full biweekly pay period of service performed. b. Employees will accrue and be eligible to receive 10 working days annually (cumulative to a total leave balance of ~ working days) during the second through fourth year of service. This benefit will be accumulated at the rate of 3.07 working hours for each full biweekly pay period of service performed. Page 18 c. Employees will accrue and be eligible to receive 15 working days annually (cumulalve to a total leave balance of ~0 working days) during the fifth through fifteenth year of service. The benefits will be accumulated at the rate of 4.60 working hours for each full biweekly pay period of service performed. d. Employees will accrue and be eligible to receive 20 working days annually (cumulative to a total leave balance of 60~ working days) during the sixteenth and succeeding years of service. This benefit will be accumulated at the rate of 6.14 working hours for each full biweekly pay period of service performed. Maximum Vacation Accrual - At no time may an employee have more than ~ of vacation leave accumulated. No credits shall be accrued above this limit and any time in excess of the ~ ~¥ear limitation will be lost. e. Vacation accmal rate changes will become effective at the beginning of the pay period closest to the actual date of change. 2. Each part-time employee paid at a biweekly rate shall be entitled to vacation with pay. The number of working days of such vacation shall be computed on the basis set forth in subsection b., c., or d. shall be in the proportion that such part-time employment bears to full-time employment. 2. Employees separated from the City service, whether voluntarily or involuntarily, shall be granted all of the unused vacation to which they are entitled based upon continuous service computed on the basis set forth in subsections (b), (c) and (d). Payment shall be made hour for hour with any portion of an hour being considered a full hour. 3. 4. Vacation Use - Vacation leave balances shall be reduced for actual time not worked to the nearest quarter hour for reasons allowable under this section. vacation not already accumulated. C. Sick Leave 1. Accumulated paid sick leave credit is to be used for the sole purpose of protecting the employee=s wages in the event absence is made necessary because of disability due to injury or illness of the employee or members of their immediate family or their domestic parmer (as defined in the health plans). 2. Sick Leave Accrual - Computation of sick leave: Sick leave with pay is cumulative at the rate of 3.68 working hours for each biweekly pay period of service, 96 hours annually, beginning at the time of full-time probationary employment. A person who has held a position with temporary or interim status and is appointed to a position with probationary status, without a break in service, may have such time credited to sick leave upon the recommendation of the department head and Director of Personnel and with the approval of the City Manager. 3. Maximum Sick Leave Accumulation - Unused sick leave may be accumulated in an unlimited amount. 4. Sick Leave Use - Sick leave balances shall be reduced for actual time not worked to the nearest quarter hour for reasons allowable under this section. Absence for illness may not be charged to Page 19 sick leave not already accumulated. 5. Sick Leave Verification - The City may, in its discretion, require a doctor's certificate and/or a personal sworn affidavit verifying the nature, severity and cause of the disabling injury or illness of the employee in order to determine eligibility for sick leave. If an employee is to be required to furnish a doctor's certificate, the employee shall be notified by their supervisor that a doctor's certificate shall be required when the employee notifies the City that they will be absent by reason of illness or disability. 6. 7. Sick Leave Reimbursement .... , .... ;~ 32.~s of sick leave or less during the fiscal year a. WeE members using c~,,~ tA~ ,~ .... · shall have the option of converting twenty-five percent (25 %) of their remaining yearly sick leave pay. b. Pay shall be computed based on the following schedule and all computations shall be rounded to the nearest whole hour: REMAINING YEARLY SICK LEAVE PAY OPTION (25%) 12 days 3 days 11 days 2 days, 6 hrs. 10 days 2 days, 4 hrs. 9 days 2 days, 2 hrs. 8 days 2 days 7 days or less 0 c. If the pay option is selected, the paid sick leave hours shall be subtracted from the employee's accumulated yearly sick leave balance. The remaining sick leave hours shall be carried over and accumulated. (Example: Employee uses 4 days sick leave. They then elect to receive pay for 25% of remaining days, or 2 days. The 2 days are subtracted from their remaining yearly sick leave and the other 6 days are added to the employee's accumulated sick leave balance.) d. Payment will be made during the month of July of each year. Pay will be computedbased on the employee's salary step on June 15. Page 20 e. Payment will be made only to members on the payroll twelve consecutive months prior to the payoff calculation. Permanem employees who retire during the fiscal year will be compensated under this planbased upon their formal retirement date. With the exception of layoff, prorated payments will not be made to employees who terminate during the fiscal year. However, in the event of the death of an individual while employed by the City, 50% of the employee's unused, accumulated sick leave will be paid to the appropriate beneficiary. 2.13 LEAVE OF ABSENCE Employees who are mentally or physically incapacitated to perform their duties, or who desire to engage in a course of study that will, in the judgment of the City, increase their usefulness on their return to the classified service or who, for any reason considered to be in the best interest of the City government by the appointing authority and the Director of Personnel, and with the approval of the City Manager, be granted leave of absence without pay or benefits for a period not to exceed one year. Employees asking for leave of absence without pay shall submit their request in writing stating the reasons why, in their opinion, the request should be granted,the date when they desire the leave to begin, and the probable date of their return. For each leave without pay, the Director of Personnel shall determine whether the employee granted such leave shall be entitled to their former position on theirreturn from such leave or whether their name shall be placed on the reinstatement list for the class as provided for in the Civil Service rules. If a request for leave is denied, a copy of such request and the reasons for denial shall be sent to the Civil Service Commission. An employee who is granted an unpaid leave of absence for more than one month for any reason, including a leave for disciplinary purposes, shall pay the cost of health and life insurance premiums for the entire period of the leave of absence, provided, however, that this provision shall not apply if the leave oi~ absence is a result of the employee being ill or disabled. 2.14 MILITARY LEAVE Military leave shall be granted in accordance with the provisions of applicable State and Federal laws (California Military and Veteran's Code). 2.15 JURY DUTY Permanent and probationary employees who are called to serve on jury duty for any county, state or federal court within the San Diego area shall be entitled to paid leave under the following circumstances: A. They must present to their supervisor the court order to appear for jury duty at least three weeks prior to their date to report. B. All fees received by the employee for jury duty for days when scheduled for work, excluding mileage, shall be paid over to the City. C. The employee must submit a daily court authorized, stamped time card accounting for all hours of required service ordered by the court. D. If jury service and travel time from court to work is less than five hours ina work day, the employee is expected to return to work unless a justification is provided and approved or pre-authorized leave is approved. E. Employees who are required to serve jury duty on their scheduled days off will not be compensated for this time and may keep any fees paid by the court. Page 21 F. If the employee is not required to report for jury duty on any particular day(s) they are then expected to be at work as per their normal schedule. G. It is the employee's responsibility to inform his or her supervisor on a daily basis if they are required to report for jury duty the following day. This may include calling the supervisor after or before normal working hours. H. Absence due to jury duty will be submitted on the City leave form. 2.15.1 Court Leave Court leave is paid leave granted by the City to enable an employee to fulfill his/her duty as a citizen to serve as a wimess in a court action to which the employee is not a party, before a Federal, Superior, or Municipal Court located within San Diego County. Court leave shall be limited to: A. Required attendance before Federal, Superior, Municipal; Justice Courts located within San Diego County. B. Time in attendance at court together with reasonable travel time between court and work if attendance is for less than a full day and the employee can reasonably be expected to return to work. C. Court leave shall not be granted when the employee is paid an expert wimess fee. D. The employee must submit to the City any payment received for court leave except travel and subsistence pay for such duty. E. Court leave shall not be granted to employees who are not litigants in the civil case nor related to litigants in the civil case or defendants in a criminal case. F. Employees shall provide their supervisor with a copy of the legal subpoena and provide other documentary evidence of service. Page 22 2.16 CAREER ADVANCEMENT A. Promotion 1. The Assistant Engineer I classification will be considered as career advancement m the Assistant Engineer II level. Employees will not be required to undergo a promotional exam but will qualify for certification upon (1) fulfillment of a minimum of one year as an Assistant Engineer I and upon forwarding of a positive recommendation by the relevant appointing authority or (2) becoming registered as a professional engineer by the State of California. Permanent employees who advance from the Assistant Engineer I classification under #(1) above to the Assistant Engineer II level shall not be subjected to an additional probationary period. Employees who advance from the Assistant Engineer I level as a result of #(2) above, shall serve at least a six month probationary period at the Assistant Engineer II level and at least a combined total of one year as an Assistant Engineer I and/or Assistant Engineer II. 2. Employees classified as an Assistant Engineer II will be allowed to use the working titles Assistant Civil Engineer or Assistant Traffic Engineer upon (a) becoming registered as a Professional Civil Engineer or Professional Traffic Engineer by the State of California; and (b) upon completion of the probationary period specified above and upon forwarding of a positive recommendation by the relevant appointing authority. 2.17 LABOR-MANAGEMENT COOPERATION During the term of this Agreement, the City will explore ongoing relationship with this unit beyond the traditional negotiation process. The objectiveis to jointly develop and implement programs designed to improve City operations and enhance employee satisfaction. 2.18 ACTING/OUT-OF-CLASS/SPECIAL ASSIGNMENT PAY A. Acting Pay In the absence of an eligible list, upon the recommendation of the Department Director and the Human Resource Director, and with the approval of the City Manager (or his designee), a unit member may be appointed on an Aacting@ basis to a vacant position if he/she meets the desired qualifications. He/she shall received a minimum compensation equal to five percent (5 % ) over their current salary, or step A of the new salary range, whichever is greater. The effective date of such increase will be the first working day of the acting appointment. Employees so appointed will maintain their stares in their regular position and receive earned salary increases if they would otherwise be eligible. B. Out-Of-Class Pay When an employee is assigned to perform the duties of a higher paid position for a period of ten consecutive work days or eighty consecutive working hours, such employee shall be compensated with a 5% pay increase above their current salary rate effective the first day of the out-of-class assignment. Requests for out-of-class pay shall be submitted by the Department Director on a ARequest for Additional PayO form as percentage amounts only. C. Special Assignment Pay WCE represented employees may be eligible for a maximum of 5 % above their base wage when assigned by the City Manager to a special project. Page 23 2.19 DRIVING ELIGIBILITY Whenever an employee drives a vehicle for City business he or she shall have a valid California Drivers License. In order to ascertain the validity of the employee's licenses, employees must presem their drivers license to their supervisor upon request. The City reserves the right to check at any time with the Department of Motor Vehicles to determine if the license is valid. If an employee's drivers license is revoked, suspended or otherwise made invalid, the employee must inform his or her supervisor. Failure to notify the supervisor may result in immediate disciplinary action. An employee who does not posses a valid California Drivers License will be considered for a non-driving position, if one is available in the employee's classification. The non-driving assignment will continue for a maximum of six months if there is a reasonable expectation the employee will have a valid California Drivers License at the expiration of that time. Extensions to the six month limit will be considered on a case-by-case basis, however, in no case shall an employee receive more than one non-driving assignment in any three-year period. When no non-driving assignment is available, employees must request a leave of absence without pay for six months or such time as their license is once again valid, whichever is shorter. In order to assure that non-driving assignments are provided on a fair and equitable basis, the following procedures shall be observed: A. Each department will determine whether or not it has any non-driving assignments that can be filled by employees who would otherwise have driving assignments. B. Non-driving assignments will be given on a first come, first served basis. For example, if two employees in a department have non-valid drivers licenses and there is only one non-driving assignment, the first employee who comes forward will be given the non-driving assignment. The other employee may apply for a leave of absence as described above. 2.20 SUBSTANCE/ALCOHOL ABUSE PROGRAM Represented employees are subject to the Substance Abuse Policy. 3.01 PROHIBITED PRACTICES A. WCE pledges it shall not cause, condone or counsel its unit members or any of them to strike, fall to fully and faithfully perform duties, slow down, disrupt, impede or otherwise impair the normal functions and procedures of the City. Page 24 B. Should any unit employees during the term of this Agreement breach the obligations of Section A above, the City Manager or his designee shall immediately notify WCE that an alleged prohibited action is in progress. C. WCE shall forthwith, and in any event, within eight working hours disavow said strike or other alleged prohibited action, shall advise such members orally and in writing to immediately return to work and/or cease the prohibited activity and provide the City Manager with a copy of its advisement or, alternatively, accept the responsibility for the strike or other prohibited activity. D. If WCE disavows the prohibited activity and takes all positive actions hereunder in good faith, the City shall not hold WCE financially or otherwise responsible. The City may impose such penalties or sanctions as the City may appropriately assess against the participants. E. Should WCE during the term of this Agreement breach its obligations or any of them under this section, the City shall pursue all legal and administrative remedies available to the City that in its discretion it may elect to pursue. 3.02 GRIEVANCE PROCEDURE This grievance procedure shall be in effect during the full term of this Agreement. Section 1. PURPOSE. The purposes and objectives of the Grievance Procedure are to: 1. Resolve disputes arising from the interpretation, application or enforcement of specific terms of this Agreement. 2. Encourage the settlement of disagreements informally at the employee-supervisor level and provide an orderly procedure to handle grievances through the several supervisory levels where necessary. 3. Resolve grievances as quickly as possible and correct, if possible, the causes of grievances thereby reducing the number of grievances and future similar disputes. Section 2. DEFINITIONS. For the purpose of this grievance procedure the following defmitinns shall apply: 1. Manager: The City Manager or his/her authorized representative. 2. Day: A calendar day, excluding Saturdays, Sundays and hard holidays as described by this Agreement. 3. Department head or head of a department: The chief executive officer of a department. 4. Director of Personnel: The Director of Personnel or his/her authorized representative. 5. Employee: Any officer or regular (not temporary) employee of the City, except an elected official. 6. Employee representative: An individual who speaXs on behalf of thc employee. 7. Grievance: A complaint of an employee or group of employees arising out of the application or interpretation of a specific clause in this Agreement. 8. Immediate supervisor: The individual who assigns, reviews, or directs the work of an employee. 9. Superior: The individual to whom an immediate supervisor repons. Section 3. REVIEWABLE AND NON-REVIEWABLE GRIEVANCES. 1. To be reviewable under this procedure a grievance must: a. Concern matters or incidents that have occurred in alleged violation of a specific clause in this Agreement; and Page 25 b. Specify the relief sought, which relief must be within the power of the City to grant in whole or in part. 2. A grievance is not reviewable under this procedure if it is a matter which: a. Is subject to those reserved City Management Rights as stipulated under Section 4 of the Employer-Employee Relations Policy for the City of Chula Vista or under management rights as specified in this Agreement. b. Is reviewable under some other administrative procedure and/or roles of the Civil Service Commission such as: (1) Applications for changes in title, job classification or salary. (2) Appeals from formal disciplinary proceeding. (3) Appeals arising out of Civil Service examinations. (4) Appeals from work performance evaluations. (5) Appeals that have Affirmative Action or civil rights remedy. c. General complaints not directly related to specific clauses of this Agreement. d. Would require the modification of a policy established by the City Council or by law. e. Relates to any City group insurance or retirement programs. Page 26 Section 4. GENERAL PROVISION OF THE GRIEVANCE PROCEDURE. 1. Grievances may be initiated only by the employee or employees concerned and may not be pursued without his/her or their consent. 2. Procedure for Presentation: In presenting his/her grievance, the employee shall follow the sequence and the procedure outlined in Section 5. 3. Prompt Presentation. The employee shall discuss his/her grievance with his/her immediate supervisor within ten (10) working days after the act or omission of management causing the grievance, or within ten (10) working days of when the employee, with the exercise of reasonable diligence, should have discovered the act or omission being grieved. 4. Prescribed Form. The written grievance shall be subxnitted on a form prescribed by the Director of Personnel for this purpose. 5. Statement of Grievance. The grievance shall contain a statement of: a. The specific situation, act or acts complained of as a Agreement violation; b. The inequity or damage suffered by the employee; and c. The relief sought. 6. Employee Representative. The employee may choose someone to represent his/her at any step in the procedure. No person hearing a grievance need recognize more than one representative for any employee at any one time, unless he/she so desires. 7. Handled During Working Hours. Whenever possible, grievances will be handled during the regularly scheduled working hours of the parties involved. 8. Extension of Time. The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended. 9. Consolidation of Grievances. If the grievance involves a group of employees or if a number of employees file separate grievances on the same matter, the grievances shall, whenever possible, be handled as a single grievance. 10. Settlement. Any complaint shall be considered settled without prejudice at the completion of any step if all parties are satisfied or if neither party presents the matter to a higher authority within the prescribed period of time. 11. Reprisal. The grievance procedure is intended to assure a grieving employee the right to present his/her grievance without fear of disciplinary action or reprisal by his/her supervisor, superior or departmem head, provided he/she observes the provisions of this grievance procedure. 12. Back pay. The resolution of a grievance shall not include provisions for back pay retroactive further than twenty (20) working days prior to the date the grievance is filed. However, if with the exercise of reasonable diligence the act or omission being grieved was not discovered within 10 working days of its occurrence, and the grievance is subsequently timely filed pursuant to Section IV (3), then the resolution of the grievance may include provision for back pay for a maximum period of one year from the date the grievance was filed. Section 5. GRIEVANCE PROCEDURE STEPS. The following procedure shall be followed by an employee submitting a grievance pursuant to policy: Step I Discussion with Supervisor. The employee shall discuss his/her grievance with his/her immediate Page 27 supervisor informally. Within three (3) working days, the supervisor shall give his/her decision to the employee orally. Step 2 Written Grievance to Superior. If the employee and supervisor cannot reach an agreement as to a solution of the grievance or the employee has not received a decision within the thxee (3) working days' limit, the employee may within seven (7) working days present his/her grievance in writing to his/her supervisor who shall endorse his/her comments thereon and present it to his/her superior within seven (7) working days. The superior shall hear the grievance and give his/her written decision to the employee within seven (7) working days after receiving the grievance. Step 3 Grievance to Department Head. If the employee and superior cannot reach an agreement as to a solution of the grievance or the employee has not received a written decision within the seven (7) working days' limit, the employee may within seven (7) working days present his/her grievance in writing to his/her department head. The department head shall hear the grievance and give his/her written decision to the employee within seven (7) working days after receiving the grievance. Step 4 Grievance to Director and Manager. If the grievance is not sealed at the department head level, it may be submitted by WCE's Representative within twenty (20) working days to the Personnel Director, who shall investigate and report his/her fmdings and recommendations to the city Manager within ten (10) working days. The City Manager shall provide his/her answer within ten (10) additional working days. The times indicated may be extended by mutual agreement. Any Employee grievance will be filed with WCE's Representative at Step 4. Following the submission of the City Manager's answer, and before going to Section 6, Advisory Arbitration, mat~ers which are unresolved shall be discussed at a meeting between the parties during which all pertinent facts and information will be reviewed in an effort to resolve the matter through conciliation. Section 6. ADVISORY ARBITRATION. Any dispute or grievance which has not been resolved by the Grievance Procedure may be submitted to advisory arbitration by WCE's Representative or the City without the consent of the other party providing it is submitted within ten (10) working days, following its termination in the Grievance Procedure. The following advisory arbitration procedures shall be followed: 1. The requesting party will notify the other party in writing of the matter to be arbitrated and the contract provision(s) allegedly violated. Within five (5) working days of the receipt of this notice, the parties may agree upon an arbitrator, or panel of three arbitrators, trained in conducting grievance hearings. If agreement on an arbitrator cannot be reached, the State Department of Industrial Relations shall be requested by either or both parties to provide a list of five arbitrators. Both the City and WCE shall have the right to strike two names from the list. The party requesting the arbitration shall strike the first name; the other party shall then strike one name. The process will be repeated and the remaining person shall be the arbitrator. 2. The arbitrator shall hear the case within twenty (20) working days after the arbitrator has been selected. The arbitrator may make a written report of their findings to WCE and the City within fifteen (15) working days after the hearing is concluded. The arbitrator shall make rules of procedure. The decision of the arbitrator shall be advisory to the City Manager who shall render a f'mal decision within ten (10) working days. The arbitrator shall have no authority to amend, alter or modify this Agreement or its terms and shall limit recommendations solely to the interpretation and application of this Agreement. The above time limits of this provision may be extended by mutual agreement. 3. Each grievance or dispute will be submitted to a separately convened arbitration proceeding except when the City and WCE mutually agreeto have more than one grievance or dispute submitted to the same arbitrator. 4. The City and WCE shall share the expense of arbitrators and wimesses and shall share equally any Page 28 other expenses, including those of a stenographer, if required by either party. If either party elects not to follow the advisory decision rendered by the arbitrator, that party shall pay the entire cost of the arbitration process, including the expense of the arbitrator, wimesses and/or stenographer. 3.03 TERM A. Page 29 D. If at any time during the term of this Memorandum of Understanding, through causes beyond the control of the City, the City does not receive a sufficient amount of anticipated budgeted revenues or is required to make substantial unanticipated expenditures, then, in such event, the City may, with mutual agreement of WCE, renegotiate this Memorandum of Understanding and meet and confer on employment benefits. This section, however, in no way affects the existing right of the City to layoff employees. 3.04 FULL UNDERSTANDING, MODIFICATION, WAIVER A. This Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein. Any other prior or existing understanding or Agreements by the parties, whether formal or informal, regarding such matters are hereby superseded or terminated in their entirety. B. Except as specifically provided herein, it is understood that WCE voluntarily and unqualifiedly waives its right to meet and confer with respect to any matter covered herein. C. No agreemeut, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall in any way be binding upon the parties hereto unless made and executed in writing by the parties hereto and, if required, approved and implemented by the City Council. D. The waiver of any breach, term, or condition of this Agreement by either party shall constitute a precedent in the future enforcement of all its terms and provisions. E. Except as specifically provided in this Agreement, it is understood that any benefits and/or working conditions within the scope of representation published in the Civil Service Rules, Salary Ordinance and other resolutions and ordinances that affect benefits and/or working conditions presently in effect and not modified by this Agreement, shall remt(m unchanged unless and until the City and WCE meet and confer in good faith pursuant to the provisions of Section 3504.5 of the Government Code and the City Employer-Employee Relations Policy concerning any such proposed changes. F. The provisions of paragraph E, above, shall not obligate either party to meet and confer on any issue for the term of this Agreement except as provided herein. 3.05 SAVINGS CLAUSE If any article or section of this Agreement shall be held invalid by operation of law or by any tribunal or competent jurisdiction or if compliance with or enforcement of any article or section shall be restrained by such tribunal, the remainder of this Agreement shall not be affected thereby. The parties shall if possible meet and confer or meetand consult as the case may be for the purpose of arriving at a mutually satisfactory replacement for such article or section. Chief Negotiator City of Chula Vista Western Council of Engineers Page 30 RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE COMPENSATION FOR EXECUTIVE MANAGERS WHEREAS, pursuant to Council direction, staff has developed a management pay/benefit plan which provides for salary and benefit enhancements over the next four years; and WHEREAS, said management pay/benefit plan has been presented to the City Council and has been previously approved in concept by the City Council in closed session. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the management pay/benefit plan for Executive Managers reflected in Exhibit A. Presented by Approved as to form by Candy Emerson J~h~ M. Kaheny Director of Personnel ~i~y Attorney J; \at torney\reso\executive managers RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE COMPENSATION FOR SENIOR MANAGERS WHEREAS, pursuant to Council direction, staff has developed a management pay/benefit plan which provides for salary and benefit enhancements over the next four years; and WHEREAS, said management pay/benefit plan has been presented to the City Council and has been previously approved in concept by the City Council in closed session. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the management pay/benefit plan for Senior Managers reflected in Exhibit A. Presented by Approved as to form by Candy Emerson Jolrh/M. Kat{eny Director of Human Resources c~i~ Attorney J: \at torney\reso\senior managers RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE COMPENSATION FOR MIDDLE MANAGERS AS REFLECTED IN EXHIBIT A WHEREAS, pursuant to Council direction, staff has developed a management pay/benefit plan which provides for salary and benefit enhancements over the next four years; and WHEREAS, said management pay/benefit plan has been presented to the City Council and has been previously approved in concept by the City Council in closed session. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the management pay/benefit plan for Middle Managers reflected in Exhibit A. Presented by Approved as to form by Candy Emerson Jo.hn~. Kaheny /" / Director of Human Resources Clt~/Attorney ~ J; \At torney\reso\Middle Managers RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE COMPENSATION FOR CONFIDENTIAL EMPLOYEES WHEREAS, pursuant to Council direction, staff has developed a management pay/benefit plan which provides for salary and benefit enhancements over the next four years; and WHEREAS, said management pay/benefit plan has been presented to the City Council and has been previously approved by in concept the City Council in closed session. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the management pay/benefit plan for Confidential Employees reflected in Exhibit A. Presented by Approved as to form by Director of Human Resources C~ Attorney RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTkBLISHING THE COMPENSATION FOR UNCLASSIFIED HOURLY EMPLOYEES WHEREAS, pursuant to Council direction, staff has developed a pay plan which provides for salary increases over the next four years; and WHEREAS, said unclassified hourly employees pay plan has been presented to the City Council and has been previously approved in concept by the City Council in closed session. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the unclassified pay plan for Unclassified Hourly Employees reflected in Exhibit A. Presented by Approved as to form by Candy Emerson J~/M. Kaheny Director of Human Resources ~ Attorney J: \at torney\unclas sir led hourly RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING PAY ~ BENEFIT INCREASES FOR MAYOR AND COUNCIL AS REFLECTED IN EXHIBIT A WHEREAS, pursuant to Council direction and the City Charter, staff has developed a pay/benefit plan which provides for salary and benefit enhancements over the next four years; and WHEREAS, said pay/benefit plan has been presented to the City Council and approved in concept in closed session. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the pay/benefit plan for Mayor and Council reflected in Exhibit A. Presented by Approved as to form by Candy Emerson J~M' ~~Kaheny Director of Human Resources ~,fty Attorney J: \attorney\reso~mayor and council salary RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADJUSTING TITLES AND PAY SCALES FOR CERTAIN CLASSIFICATIONS AS REFLECTED IN EXHIBIT A WHEREAS, the City Manager recommended the following two changes be implemented: Change the title "Deputy City Manager/Finance Director" to "Assistant City Manager/Finance Director" effective immediately (no fiscal impact). Change the pay scale for the CVEA-represented Fire Apparatus Mechanic to be equivalent to a Fire Engineer effective the first pay period including January 1, 2002. (Cost of $3394 in FY02 and $6788 annually thereafter). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adjust the titles and pay scales for certain classifications as reflected in Exhibit A. Presented by Approved as to form by Candy Emerson J~/M. Kaheny ~ Director of Human Resources C~ Attorney J: \At torney\reso\t it le adjustment Exhibit A COMPENSATION FOR EXECUTIVE MANAGEMENT, SENIOR MANAGEMENT, MIDDLE MANAGEMENT AND CONFIDENTIAL GROUPS FISCAL YEARS 2001-02, 2002-03, 2003-04, & 2004-05 I. EXECUTIVE MANAGEMENT GROUP (ALL EMPLOYEES PROVIDED FOR HEREIN ARE FLSA-EXEMPT.) A. SALARY & WAGES 1. Salary Increases a. Executive Managers will receive a 3% salary increase effective the pay pedod including January 1, 2002. b. If 3% at 60 PERS Retirement benefit is available on or before January 1, 2003, the City will contract with PERS to provide executive managers this benefit effective January 2003. If 3% at 60 is implemented the following salary increases will take place each fiscal year to be effective the pay period that includes January 1: (i) FY2002-03 - 2% (ii) FY2003-04 - 3% (iii) FY2004-05 - 4% c. If 3% at 60 PERS Retirement benefit is NOT available on January 1,2003 and therefore is not implemented, the following salary increases will take place each fiscal year to be effective the pay pedod that includes January 1: (i) FY2002-03 - 4% (ii) FY2003-04 - 4% (iii) FY2004-05 - 5% B. BENEFITS 1. Deferred Compensation Plan a. Employees in the Executive Group may participate in the City's approved deferred compensation plans. b. Executive Managers, with the exception of the City Manager and City Attomey, will have an amount equal to 5% of their annual base salary deposited in a deferred compensation plan beginning the pay period including January 1,2002; the City Manager and City Attorney will receive an amount equivalent to the maximum deferred compensation contribution allowed under law in a 457 deferred compensation plan beginning the pay pedod including January 1,2002. One twenty-sixth of the calculated amount will be deposited for each full or partial pay period the executive manager is employed. 2. Flexible Benefit Plan Effective 1/1/2002, Executive Managers will receive $10,000 annually to be used for the purchase of approved employee benefits. In the event of increases in health care plan premiums, the City will split the cost of the increase 50/50 with the employees. The annual flex plan allotment will be increased by one-half of the average cost increase for full family non-indemnity health plan premiums. The City's share of the increased cost will be added to the beginning flex plan balance of the next available flex plan year. 3. Long Term Disability Insurance The City will pay the full cost of the long-term disability insurance premium for Executive Managers. 4. Life Insurance The City will pay for life insurance policy in the amount of $47,000 each. An additional $3,000 group term life insurance policy is provided for under the flexible benefit plan. 5. Retirement NOTE: The following applies to all Executive Managers except the Police Chief and Fire Chief who receive the same PERS Benefits as POA and IAFF respectively. a. The City pays the 7% employee contribution to the Public Employee's Retirement System for all Executive Managers. If 3% at 60 Retirement Benefit is implemented in January 2003; from that time forward the City will pay the 8% employee contribution to the Public Employee's Retirement System. b. 2% at 55 - If 3% at 60 is available on or before January 1,2003, it will be implemented effective January 2003. c. The City pays the PERS 1959 Survivors Benefit Fourth Level employee premium cost. d. Single highest year final compensation. e. Military Credit f. Employer Paid Member Contributions Converted to Payrate (E.P.M.C.) will be provided via resolution beginning the pay period including January 2, 2001. g. PERS Sections 21624, 21626, and 21628 Post-Retirement Survivor Allowance will be implemented effective July 2002. 6. Sick Leave Reimbursement Sick leave shall accrue and be reimbursed as designated in the Civil Service Rules, Section 2.02. 7. Vacation a. Executive Managers shall earn four weeks (20 days) vacation per year. An employee may not accumulate more than three times the number of vacation days accrued annually. b. Executive Managers will have the option of selling back 2 weeks accrued Vacation Leave each fiscal year. 8. Holidays a. Executive Managers will be credited 32 hours each fiscal year for floating holidays (Lincoln's and VVashington's Birthdays, Admission Day and Veterans Day). b. The City will be closed on the following hard holidays: Independence Day, Labor Day, Thanksgiving, Day after Thanksgiving, Christmas, New Year's Day, Martin Luther King Jr.'s Birthday, Cesar Chavez Day, Memodal Day. 9. Mileage Reimbursement Employees in this unit who do not receive an Auto Allowance under Section 11 shall be subject to a mileage reimbursement program when required to use their private automobile for authorized City business. Reimbursement rate will be tied to the IRS rate, in effect at the time reimbursement is requested, as permitted by law. t 0. Administrative Leave Executive Managers will receive (eighty) 80 hours of Administrative Leave each fiscal year. 11. Auto Allowance The City Manager may provide, at his/her discretion, an auto allowance of up to $550/month for certain Executive Managers with the allowance contingent upon evidence of adequate auto insurance. 12. Severance Pay In the event a Department Head, except the City Manager and City Attorney, is terminated without cause, he/she shall receive compensation in a lump sum cash payment equal to nine (9) months of their annual salary and health insurance payments. In the event the City Manager or City Attorney is terminated without cause, he/she shall receive compensation in a lump sum cash payment equal to twelve (12) months of their annual salary and health insurance payments. Effective FY02. 13. Special Assignment Pay Executive Managers may receive up to 10% additional compensation when assigned by the City Manager to a special project. 14. Uniform Allowances and Educational Differentials The Police Chief and Fire Chief will be provided with the uniform allowance and educational differentials as specified in the POA and IAFF MOUs respectively effective the pay period including January 1,2002. II. SENIOR MANAGEMENT GROUP (ALL EMPLOYEES PROVIDED FOR HEREIN ARE FLSA-EXEMPT) A. SALARY & WAGES 1. Salary Increases a. Senior Managers will receive a 3% salary increase effective the pay period including January 1, 2002. b. If 3% at 60 PERS Retirement benefit is available on January 1, 2003, the City will contract with PERS to provide Senior Managers this benefit effective January 2003. If 3 % at 60 is implemented the following salary increases will take place each fiscal year to be effective the pay period that includes January 1: (i) FY2002-03 - 2% (ii) FY2003-04 - 3% (iii) FY2004-05 - 4% c. If 3% at 60 PERS Retirement benefit is NOT available on January 1,2003 and therefore is not implemented, the following salary increases will take place each fiscal year to be effective the pay period that includes January 1: (i) FY2002-03 - 4% (ii) FY2003-04 - 4% (iii) FY2004-05 - 5% B. BENEFITS 1. Deferred Compensation Plan a. Employees in the Senior Management Group may participate in the City's approved deferred compensation plans. b. Senior Managers will have an amount equal to 2% of their annual base salary deposited in a deferred compensation plan beginning the pay period including January 1,2002. One twenty-sixth ofthe calculated amount will be deposited for each full or partial pay period the Senior Manager is employed. 2. Flexible Benefit Plan Effective 1/1/2002, Senior Managers will receive $8,500 annually to be used for the purchase of approved employee benefits. In the event of increases in health care plan premiums, the City will split the cost of the increase 50/50 with the employees. The annual flex plan allotment will be increased by one-half of the average cost increase for full family non-indemnity health plan premiums. The City's share of the increased cost will be added to the beginning flex plan balance of the next available flex plan year. 3. Long Term Disability Insurance The City will pay the full cost of the long-term disability insurance premium for Senior Managers. 4. Life Insurance City pays for life insurance policy in the amount of $47,000 each. An additional $3,000 group term life insurance policy is provided for under the flexible benefit plan. 5. Retirement NOTE: The following applies to all Senior Managers except the Sworn Public Safety Senior Managers who receive the same PERS Benefits as specified in the applicable public safety MOU. a. The City pays the 7% employee contribution to the Public Employee's Retirement System for all Executive Managers. If 3% at 60 Retirement Benefit is implemented in January 2003; from that time forward the City will pay the 8% employee contribution to the Public Employee's Retirement System. b. 2% at 55 - If 3% at 60 is available on or before January 1, 2003, it will be implemented effective January 2003. c. The City pays the PERS 1959 Survivors Benefit Fourth Level employee premium cost. d. Single highest year final compensation. e. Military Credit f. Employer Paid Member Contributions Converted to Payrate (E.P.M.C.) will be provided via resolution beginning the pay period including January 2, 2001. g. PERS Sections 21624, 21626, and 21628 Post-Retirement Survivor Allowance will be implemented effective July 2002. 6. Sick Leave Reimbursement Sick leave shall accrue and be reimbursed as designated in the Civil Service Rules, Section 2.02. 7. Vacation a. Senior Managers shall earn a minimum of three weeks (15 days) vacation per year during the first through fifteenth year of continuous service and after completion of fifteen years of continuous service, 20 days per year. An employee may not accumulate more than three times the number of vacation days accrued annually. b. Senior Managers have the option of selling back 1 week of accrued Vacation Leave each fiscal year. 8. Holidays a. Senior Managers will be credited 32 hours each fiscal year for floating holidays (Lincoln's and Washington's Birthdays, Admission Day and Veterans Day). b. The City will be closed on the following hard holidays: Independence Day, Labor Day, Thanksgiving, Day after Thanksgiving, Christmas, New Year's Day, Martin Luther King Jr.'s Birthday, Cesar Chavez Day, Memorial Day. 9. Mileage Reimbursement Employees in this unit, who do not receive Auto Allowance under Section 1 '1, shall be subject to a mileage reimbursement program when required to use their private automobile for authorized City business. Reimbursement rate will be tied to the IRS rate, in effect at the time reimbursement is requested, as permitted by law. 10. Administrative Leave Senior Managers will receive (eighty) 80 hours of Administrative Leave each fiscal year. 11. Auto Allowance The City Manager has authorization to provide, at his/her discretion, an auto allowance of up to $400/month for certain Senior Managers, with the allowance contingent upon evidence of adequate auto insurance. 12. Special Assignment Pay Senior Managers may receive up to 5% additional compensation when assigned by the City Manager to a special project. 13. Uniform Allowances and Educational Differentials Sworn public safety senior managers will be provided with the uniform allowance and educational differentials as specified in the applicable public safety MOU effective the pay period including January 1,2002. III. MTDDLE MANAGEMENT GROUP (ALL EMPLOYEES PROVIDED FOR HEREIN ARE FLSA-EXEMPT.) A. SALARY & WAGES 1. Salary Increases a. Middle Managers will receive a 3% salary increase effective the pay pedod including January 1,2002. b. If 3% at 60 PERS Retirement benefit is available on or before January 1, 2003, the City will contract with PERS to provide Middle Managers this benefit effective January 2003. If 3 % at 60 is implemented, the following salary increases will take place each fiscal year to be effective the pay pedod that includes January 1: (i) FY2002-03 2% {ii) FY2003-04 3% (iii) FY2004-05 4% 2. If 3% at 60 PERS Retirement benefit is NOT available on January 1, 2003 and therefore is not implemented, the following salary increases will take place each fiscal year to be effective the pay period that includes January 1: (i) FY2002-03 4% (ii) FY2003-04 4% (iii) FY2004-05 5% B. BENEFITS 1. Acting Pay Middle Managers may receive Acting Pay when they are temporarily assigned to a vacant position to perform the duties of a higher paid classification. Acting Pay shall be approved by the City Manager or his/her designee pdor to the assignment. The assignment shall be for a pedod of more than 10 consecutive work days, and the employee may be compensated with a minimum of 5 pement above current salary rate up to a maximum of 20 percent, effective the first day of the next pay period. 2. Out of Class Assignment Middle Managers may receive Out of Class Assignment (OCA) pay in the event that they are assigned duties of a higher level classification for a pedod of more than 10 consecutive work days. The assignment must be approved in advance by the City Manager or his/her designee and the employee may be compensated with a minimum of 5 percent above current salary rate up to a maximum of 20 percent, effective the first day of the next pay period. NO TE: For clarification, OCA is differentiated from Acting Pay in that OCR's are granted to an employee remaining in their current classification, but performing higher level duties even though no vacancy may exist at the higher level. Acting Pay is granted to employees assuming the duties of a vacant, higher level position for a period of time. 3. Safety Equipment, Protective Clothing and Tool Allowance Employees in the classifications of Fleet Manager, Open Space Coordinator, Building Services Superintendent, Construction Repair Supervisor, Specialist, Building Projects Supervisor, Public Works Maintenance Superintendent, Senior Parks Supervisor, Senior Public Works Supervisor and Waste Water Collection Manager shall receive $100 towards the pumhase of safety shoes. 4. Retirement NOTE: The following applies to all Mid Managers except Sworn Fire Mid- Managers who receive the same PERS Benefits as IAFF. a. The City pays the 7% employee contribution to the Public Employee's Retirement System for all Mid Managers. If 3% at 60 Retirement Benefit is implemented in January 2003; from that time forward the City will pay the 8% employee contribution to the Public Employee's Retirement System. b. 2% at 55 - If 3% at 60 is available on or before January 1,2003, it will be implemented effective January 2003. c. The City pays the PERS 1959 Survivors Benefit Fourth Level employee premium cost. d. Single highest year final compensation. e. Military Credit f. Employer Paid Member Contributions Converted to Payrate (E.P.M.C.) will be provided via resolution beginning the pay period including January 2, 2001. g. PERS Sections 21624, 21626, and 21628 Post-Retirement Survivor Allowance will be implemented effective July 2002. 5. Termination of Sick Leave Balances Upon either acceptance of an application by a Safety employee for disability retirement, or upon the independent determination of PI:RS that a non-safety employee is disabled, the employee shall not be entitled to use any remaining sick leave, except that which can be applied to applicable PERS service credit. An application for industrial disability retirement, either employee or employer initiated, shall not affect the employee's rights under Workers Compensation laws, such as any otherwise existing right to Temporary Disability benefits for safety officers. 6. Deferred Compensation Plans Employees in the Middle Management Group may participate in the City's approved deferred compensation plans. 7. Flexible Benefit Plan a. Effective January 1, 2002, each Middle Manager will receive $7,500 per year to be used solely for approved employee benefits. b. In the event of increases in health care plan premiums, the City will split the cost of the increase 50/50 with the employees. The annual flex plan allotment will be increased by one-half of the average cost increase for full family non-indemnity health plan premiums. The City's share of the increased cost will be added to the beginning flex plan balance of the next available flex plan year. 8. Life Insurance City pays for a group term life insurance policy in the amount of $47,000 per employee. An additional $3,000 group term life insurance policy is included in the flexible benefits plan. 9. Long Term Disability Insurance The City will pay the full cost of the long-term disability insurance premium for middle management positions. 10. Professional Enrichment A fund of $32,500 will be established to be used exclusively by Middle Managers for conferences and training up to a maximum of $1000 per employee per fiscal year. 11. Sick Leave Reimbursement Sick leave shall accrue and be reimbursed as designated in the Civil Service Rules, Section 2.02. 12. Vacation a. Middle Managers will earn ten (10) days vacation per year in the first through fourth year of continuous employment, fifteen (15) days vacation per year in the fifth through fifteenth year of continuous service, and twenty (20) days per year after completion of fifteen years of continuous service. An employee may not accumulate more than three times the number of vacation days accrued annually. b. Middle Managers may sell back 1 week of accrued Vacation Leave each fiscal year. 13. Administrative Leave Middle Managers will receive 64 hours of Administrative Leave each fiscal year. 14. Holidays a. Middle Managers will receive 32 hours each fiscal year for floating holidays (Lincoln's and Washington's Birthdays, Admission Day, and Veterans Day). b. The City will be closed on the following hard holidays: Independence Day, Labor Day, Thanksgiving, Day After Thanksgiving, Christmas, New Year's Day, Martin Luther King Jr.'s Birthday, Cesar Chavez Day, Memorial Day. 15. Mileage Reimbursement Middle Managers shall be subject to a mileage reimbursement program when required to use their private automobile for authorized City business. Reimbursement rate will be tied to the IRS rate, in effect at the time reimbursement is requested, as permitted by law. 16. Uniform Allowances & Educational Differentials Sworn public safety Middle Managers will be provided with the uniform allowances and educational differentials as specified in the applicable public safety MOU effective the pay period including January 1,2002. 17. Bilingual Pay Those Middle Managers who, upon recommendation of their Department Head, approval of the Director of Human Resources, and successful completion of a bilingual performance evaluation will receive $100 per month in addition to their regular pay on the condition that they continuously utilize their bilingual skills in the performance of their duties effective the first full pay period after adoption. 18. Special Assignment Pay Middle Managers may receive up to 5% additional compensation when assigned by the City Manager to a special project. Exceptions to the sections detailed above apply to Suppression Battalion Chiefs, as follows: 1. Suppression Battalion Chiefs will receive holiday pay equivalent to two week's salary in lieu of all floating and hard holidays. Non-Suppression Battalion Chiefs will receive the same floating and hard holidays benefits as other Middle Managers. 2. Suppression Battalion Chiefs will earn extra compensation equivalent to straight time pay only when they fill in for an absent Battalion Chief as Shift Commander or when they are assigned to a strike team or multiple - alarm incident for command duty that is beyond their normal work schedule. Non-Suppression Battalion Chiefs will earn the same extra compensation when filling in for a Suppression Battalion Chief as Shift Commander on holidays or weekends. 3. Sick Leave and Vacation Accruals for the Suppression Battalion Chiefs will be in accordance with the current Memorandum of Understanding with the International Association of Firefighters Local 2180, except that the maximum vacation accrual will be three times the amount accrued annually. IV. CONFIDENTIAL GROUP A. SALARY & WAGES 1. Salary Increases a. The Confidential Group will receive a 3% salary increase effective the pay pedod including January 1,2002. b. If 3% at 60 PERS Retirement benefit is available on or before January 1, 2003, the City will contract with PERS to provide the Confidential Group this benefit effective January 2003. If 3 % at 60 is implemented, the following salary increases will take place each fiscal year to be effective the pay period that includes January 1: (i) FY2002-03 - 2% (ii) FY2003-04 - 3% (iii) FY2004-05 - 4% 2. If 3% at 60 PERS Retirement benefit is NOT available on January 1, 2003 and therefore is not implemented, the following salary increases will take place each fiscal year to be effective the pay period that includes January 1: (i) FY2002-03 - 4% (ii) FY2003-04 - 4% (iii) FY2004-05 - 5% B. BENEFITS 1. Retirement a. The City pays the 7% employee contribution to the Public Employee's Retirement System for all Confidential employees. If 3% at 60 Retirement Benefit is implemented in January 2003; from that time forward the City will pay the 8% employee contribution to the Public Employee's Retirement System. b. 2% at 55 - If 3% at 60 is available on or before January 1, 2003, it will be implemented effective January 2003. c. The City pays the PERS 1959 Survivors Benefit Fourth Level employee premium cost. d. Single highest year final compensation. e. Military Credit f. Employer Paid Member Contributions Converted to Payrate (E.P.MC.) will be provided via resolution beginning the pay period including January 2, 2001. g. PERS Sections 21624, 21626, and 21628 Post-Retirement Survivor Allowance will be implemented effective July 2002. 2. Deferred Compensation Plans a. Effective January 1,2002, each Confidential Employee will receive $7,000 per year to be used solely for approved employee benefits. b. In the event of increases in health care plan premiums, the City will split the cost of the increase 50/50.with the employees. The annual flex plan allotment will be increased by one-half of the average cost increase for full family non-indemnity health plan premiums. The City's share of the increased cost will be added to the beginning flex plan balance of the next available flex plan year. 3. Flexible Benefit Plan Employees in the Confidential Group may participate in the City's approved deferred compensation plans. 4. Long Term Disability Insurance The City will pay the full cost of the long term disability insurance premium for the Confidential employees. 5. Professional Enrichment A fund of $2,870 will be established to be used exclusively by Confidential Employees for conferences and training up to a maximum of $800 per employee per fiscal year. 6. Life Insurance City pays for life insurance policy in the amount of $17,000 each. An additional $3,000 group term life insurance policy is included in the flexible benefits plan. 7. Sick Leave Reimbursement Sick leave shall accrue and be reimbursed as designated in the Civil Service Rules, Section 2,02. 8. Vacation a. Confidential employees earn ten (10) days vacation per year in the first through fourth year of continuous employment, fifteen (15) days vacation per year in the fifth through fifteenth year of continuous service, and twenty (20) days per year after completion of fifteen years of continuous service. An employee may not accumulate more than three times the number of vacation days accrued annually. b. Effective July 1,2002, Confidential employees with a minimum of 10 years full-time employment have the option of selling back 40 hours of accumulated vacation leave per fiscal year. Vacation leave must be sold in 40 hour increments. 9, Holidays c. Confidential employees will receive 32 hours each fiscal year for floating holidays (Lincoln's and Washington Birthday's, Admissions Day, and Veterans Day). d. The City will be closed on the following paid hard holidays: Independence Day, Labor Day, Thanksgiving, Day after Thanksgiving, Christmas, New Year's Day, Martin Luther King Jr.'s Birthday, Cesar Chavez Day, Memorial Day. 10. Administrative Leave Confidential employees will receive 32 hours of Administrative Leave each fiscal year. 11. Mileage Reimbursement Employees in this unit shall be subject to a mileage reimbursement program when required to use their private automobile for authorized City business. Reimbursement rate will be tied to the IRS rate in effect at the time reimbursement is requested, as permitted by law. 12. Bilingual Pay Those employees who, upon recommendation of the Department Head, approval of the Director of Human Resources Department, and successful completion of a Bilingual Performance Evaluation, and who are required to continuously use their bilingual skills in the performance of their duties, will receive $100 per month in addition to their regular pay effective the first full pay period after adoption. 13. Special Assignment Pay Confidential employees may receive up to 5% additional compensation when assigned by the City Manager to a special project. V. MAYOR AND COUNCIL A. SALARY & WAGES 1. Salary Increases The Mayor and Council will receive a 3% wage increase effective the pay period including January 1, 2002 provided the 3% increase does not exceed the All Urban Consumers/All Items Components of the San Diego Metropolitan Area U (Broader Base) Consumer Price Index. In subsequent years (FY03-FY05) the Mayor and City Council salary will be adjusted the pay period including January 1 according to Proposition A that was adopted by the electorate on March 7, 2000 and becomes effective December 2, 2002 which specifies that the Mayor shall receive an annual salary equivalent to 66% of the salary of a Judge of the Superior Court of the State of California and that Council members annual salary will be equivalent to 40% of the Mayor's. B. BENEFITS 1. Flexible Benefit Plan Effective each January 1, FY02-FY05 the Mayor's flex plan will be set at the level specified for Executive Managers. The Council flex plans will be set at two-thirds that of the Mayor. The flex plan is to be used solely for approved employee benefits. 2. Auto Allowance Effective the pay period including January 1,2002 the Mayor will be provided with a monthly auto allowance of $750 and Council members will be provided with a monthly auto allowance of $100. The allowance is contingent upon evidence of adequate auto insurance. 3. Expense Allowance Effective the pay period including January 1,2002 the Mayor will be provided with a monthly expense allowance of $600 and Council members will be provided with a monthly expense allowance of $300. VI. UNCLASSIFIED HOURLY EMPLOYEES A. SALARY & WAGES 1. Salary Increases a. Unclassified Houdy employees will receive a 3% salary increase effective the pay period including January 1,2002. b. If 3% at 60 PERS Retirement benefit provided to miscellaneous members in January 2003 unclassified houdy employees will receive the following salary increases each fiscal year to be effective the pay pedod that includes January 1: (i) FY2002-03 - 2% (ii) FY2003-04 - 3% (iii) FY2004-05 - 4% c. If the 3% at 60 PERS Retirement benefit is not provided to miscellaneous members in January 2003 unclassified houdy employees will receive the following salary increases each fiscal year to be effective the pay period that includes January 1: (i) FY2002-03 - 4% (ii) FY2003-04 - 4% (iii) FY2004-05 - 5% ×. ADDITIONAL ADJUSTMENTS A. Change Deputy City Manager/Director of Finance to Assistant City Manager/Director of Finance. B. Increase the pay scale for the Fire Apparatus Mechanic by 12.82%, making it equivalent to Fire Engineer. XI. GROUP MEMBERSHIP LISTING The following shows the classifications assigned to each group as of August 28, 2001. A. EXECUTIVE MANAGEMENT GROUP City Manager City Attorney City Clerk Assistant City Manager Chief of Police Deputy City Manager Director of Community Development Director of Finance Director of Human Resources Director of Library Director of Management and Information Services Director of Nature Center Director of Parks and Recreation Director of Planning and Building Director of Public Works Director of Budget and Analysis Fire Chief Senior Assistant City Attorney B. SENIOR MANAGEMENT GROUP Administrative Services Manager Assistant Chief of Police Assistant City Attorney Assistant Director of Building & Housing Assistant Director of Community Development Assistant Director of Finance Assistant Fire Chief Assistant Director of Human Resources Assistant Director of Planning Assistant Director of Recreation Assistant Library Director Deputy Building Official Deputy Director of Public Works/City Engineer Deputy Director of Public Works/Operations Fiscal Operations Manager General Plan Project Manager Manager of Organizational Development and Training Police Captain Public Information Coordinator Purchasing Agent Risk Manager Special Operations Manager Treasury Manager Unclassified grant-funded positions~ C. MIDDLE MANAGEMENT GROUP Animal Control Manager Applications Support Manager Assistant City Clerk Assistant to Mayor and City Council (UC) Assistant Transit Coordinator Avian Specialist Battalion Chief Benefits Manager Building Projects Supervisor Building Services Superintendent Business Office Manager City Arborist Code Enforcement/Permit Manager Collections Supervisor Crime Analysis Manager Crime Laboratory Manager Cultural Arts Coordinator Custodial Services Supervisor Deputy City Attorney I (UC) Deputy City Attorney II (UC) Deputy City Clerk Deputy Director of Parks Economic Development Manager (UC) Educational Services Manager Environmental Projects Manager Environmental Resource Manager Environmental Review Coordinator Fleet Manager Housing Coordinator (UC) HR Operations Manager Informix Database Administrator Intergovernmental Affairs Coordinator Landscape Architect t The following Unclassified, grant-funded positions receive the benefit package detailed herein for Senior Managers. No salary adjustments are provided for in this resolution. California Border Alliance Group (CBAG) Executive Director California Border Alliance Group (CBAG) Deputy Executive Director Lead Programmer/Analyst Literacy Team Coordinator Micro Computer Specialist Micro Computer Support Manager OD & T Specialist Open Space Coordinator Operations and Telecom Manager Permits Processing Coordinator Personnel Analyst Planning and Environmental Manager Princi )al Community Development Specialist Princi )al Landscape Architect Princi )al Librarian Princi )al Management Analyst Princi )al Management Assistant Princi )al Planner Princi )al Recreation Manager Redevelopment Coordinator (UC) Senior Accountant Senior Building Project Supervisor Senior Classification Analyst Senior Civil Engineer Senior Community Devel°pment Specialist Senior Librarian Senior Management Analyst Senior Management Assistant Senior Park Supervisor Senior Personnel Analyst Senior Planner Senior Public Works Supervisor Senior Recreation Supervisor Senior Risk Management Specialist Supervising Construction Specialist Transit Coordinator Unix System Administrator Volunteer Coordinator (BCT) Volunteer Coordinator Citywide Waste Water Collection Supervisor Unclassified, grant-funded positionstt tt The following Unclassified, grant-funded positions receive the benefit package detailed herein for Middle Managers. No salary adjustments are provided for in this resolution. CBAG Audit Coordinator CBAG Network Administrator CBAG Program Analyst CBAG Operation/intelligence Coordinator CONFIDENTIAL GROUP Confidential Benefits Technician Confidential Administrative Secretary Confidential Administrative Technician Confidential Executive Secretary Confidential Fiscal Office Specialist Confidential OD&T Technician Confidential Risk Management Specialist Confidential Senior Administrative Secretary Confidential Senior Office Specialist Confidential Senior Secretary Executive Secretary Legal Assistant Payroll Technician Unclassified, grant-funded positionsm ttt The following Unclassified, grant-funded positions receive the benefit package detailed herein for Confidential group. No salary adjustments are provided for in this resolution. California Border Alliance Group (CRAG) Analyst California Border Alliance Group (CBAG) Secretary California Border Alliance Group (CBAG) Management Assistant RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FOR PAYING AND REPORTING THE VALUE OF EMPLOYER PAiD CALPERS MEMBER CONTRIBUTIONS" (EPMC) FOR MISCELLANEOUS MEMBERS WHEREAS, the governing body of the City of Chula Vista has the authority to implement Government Code Section 20636(c)(4) pursuant to Section 20691; and WHEREAS, the governing body of the City of Chula Vista has a written labor policy or agreement which specifically provides for the normal member contributions to be paid by the employer, and reported as additional compensation; and WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption by the governing body of the City of Chula Vista of a Resolution to commence paying and reporting the value of said Employer Paid Member Contributions (EPMC); and WHEREAS, the governing body of the City of Chula Vista has identified the following conditions for the purpose of its election to pay EPMC: List of Attorney Staff Addresses · This benefit shall apply to all employees of miscellaneous retirement. · This benefit shall consist of paying 7% of the normal contributions as EPMC, and reporting the same pement (value) of compensation earnable (excluding Government Code Section 20636(c)(4) as additional compensation. · The effective date of this resolution shall be December 28, 2001. NOW, THEREFORE, BE IT RESOLVED that the governing body of the City of Chula Vista elects to pay and report the value of EPMC, as set forth above. Presented by Approved as to form by Candy Emerson Director of Human Resources J:\attorney\rs~EPMC Misc. RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2001-02 BUDGET BY $846,607 AND APPROPRIATING FUNDS THEREFOR TO COVER LABOR COST INCREASES BASED ON UNANTICIPATED REVENUE AS REFLECTED IN EXHIBIT A WHEREAS, pursuant to Council direction, staff has developed a management pay/benefit plan which provides for salary and benefit enhancements over the next four years; and WHEREAS, said management pay/benefit plan has been presented to the City Council and has been previously approved by the City Council in closed session. WHEREAS, the City Council has approved a Memorandum of Understanding with the Western Council of Engineers (WCE) and the Chula vista Employees Association and adopted pay and benefit increases for the other bargaining groups. NOW, THEREFORE, BE IT RESOLVED that the City Council of City of Chula Vista does hereby amend the Fiscal Year 2001-02 Budget by $846,607 and appropriate the funds therefor based on unanticipated revenues as reflected in Exhibit A to cover labor cost increases. Presented by Approved as to form by Director of Human Resources J:\attorney\reso\budget labor amendment Exhibit A FY 2002 and FY 2003 Budget Adjustments FY 2003 FY 2002 Spending Plan PERSONNEL SERVICES Appropriations Admendments City Council $12,616 $31,829 City Clerk $8,699 $26,225 City Attorney $36,503 $80,177 Administration $61,333 $139,511 MIS $34,815 $94,634 Human Resources $41,027 $99,688 Finance $47,288 $113,092 Community Development $37,414 $93,652 Planning and Building ' $55,903 $280,173 Police $132,966 $331,458 Fire $21,547 $32,701 Public Works $168,471 $823,908 Parks and Recreation $30,653 $157,329 Library $94,107 $237,606 Central Garage $9,422 $26,475 BCT $1 '1,284 $27,132 Sub-Total $804,047 $2,595,590 OTHER EXPENSES City Council $4,560 $9,120 Administration $38,000 $38,000 Sub-Total $42,560 $47,120 TOTAL APPROPRIATIONS $846,607 $2,642,710 less Unanticipated Program Revenues $287,050 $842,999 NET COST (to be covered by unanticipated property tax, sales tax, and VLF revenues) $559,557 $1,799,711 RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE ADOPTED FY 2002-03 SPENDING PLA/~ TO INCREASE EXPENDITURES FOR LABOR COSTS BY $2,595,590 AND OTHER EXPENSES BY $47,120 AS REFLECTED IN EXHIBIT A WHEREAS, pursuant to Council direction, staff has developed a management pay/benefit plan which provides for salary and benefit enhancements over the next four years; and WIREREAS, said management pay/benefit plan has been presented to the City Council and has been previously approved by the City Council; and WHEREAS, the City Council has approved a Memorandum of Understanding with the Western Council of Engineers (WCE) and the Chula Vista Employees Association and adopted pay and benefit increases for the other bargaining groups; and WHEREAS, since the City has previously adopted the budget for FY 2002-03, it is now necessary to amend the Spending Plan to cover labor cost increases. NOW, THEREFORE, BE IT RESOLVED that the City Council of City of Chula Vista does hereby amend the adopted FY2002-03 Spending Plan to increase expenditures for labor costs by $2,595,590 and other expenses by $47,120 based on unanticipated revenue as reflected in Exhibit A. Presented by Approved as to form by Candy Emerson ty~AM~ ~~ Director of Human Resources J:\attprmeu\reso\budget 02 03 amendment Exhibit A FY 2002 and FY 2003 Budget Adjustments FY 2003 FY 2002 Spending Plan PERSONNEL SERVICES Appropriations Admendments City Council $12,616 $31,829 City Clerk $8,699 $26,225 City Attorney $36,503 $80,177 Administration $61,333 $139,511 MIS $34,815 $94,634 Human Resources $41,027 $99,688 Finance $47,288 $113,092 Community Development $37,414 $93,652 Planning and Building $55,903 $280,173 Police $132,966 $331,458 Fire $21,547 $32,701 Public Works $168,471 $823,908 Parks and Recreation $30,653 $157,329 Library $94,107 $237,606 Fleet Management $9,422 $26,475 BCT $11,284 $27,132 Sub-Total $804,047 $2,595,590 OTHER EXPENSES City Council $4,560 $9,120 Administration $38,000 $38,000 Sub-Total $42,560 $47,120 TOTAL APPROPRIATIONS $846,607 $2,642,710 less Unanticipated Program Revenues $287,050 $998,399. NET COST (to be covered by unanticipated property tax, sales tax, and VLF revenues) $559,557 $1,644,311 COUNCIL AGENDA STATEMENT Item Meeting Date: 08/28/01 ITEM TITLE: a) Report on Eastside Library Construction Scenarios b) Resolution Directing Staff to Prepare a "California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000" Grant Application for the Construction of the Rancho Del Rey Library BY: Deputy City Manager Palmer.~Ji/q~- SUBMITTED REVIEWED BY: City Manager fid (4/5th Vote: Yes__No X ) In December 1998, the City Council accepted the Chula Vista Public Library Master Plan, which recommends the construction of two 30,000 square foot libraries to serve eastern Chula Vista. The plan calls for the first branch to open at Rancho del Rey in 2005 and the second branch to open, in 2015, in the Eastern Urban Center. However, in May 2000, following the passage of the "California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000" (Proposition 14), the City Council directed staff to explore with the Sweetwater Union High School District the concept of applying for a grant to build a single, co-located 60,000 square foot library at the future Otay Ranch High School. After approximately 8 months of discussion, it became clear that this idea was not likely to come to fruition. Therefore, in light of the looming Proposition 14 application deadline, staff began informal discussions with the Chula Vista Elementary School District about a possible joint-venture project at a 30,000 square foot Rancho del Rey Library. This effort returns to the concepts laid out in the 1998 Library Master Plan. Since the discussions with the Elementary School District are progressing well, staff was next poised to begin the formal planning of the Rancho del Rey project necessary to complete the Proposition 14 application. However, during the Council's FY 2001-03 budget workshop, there was discussion about returning to the idea of a single 60,000 square foot library. If the City wishes to apply for a Proposition 14 grant, staff must now begin the year's worth of work to prepare the application, which must include a joint-venture project or co-located library with a K-12 school district in order to be competitive. In response to Council's discussion at the June 2001 budget workshop, staff has analyzed two eastside branch library construction scenarios to assist Council in deciding whether or not to apply for the public library bond act grant. Item Meeting Date: 8/28/01 RECOMMENDATION: That City Council accept the report and direct staff to prepare a "California and Literacy Improvement and Public Library Construction and Renovation Bond Act" grant application for the construction o£ the Rancho del Rey Library. BOARD/COMMISSION RECOMMENDATION: On March 21, 2001, the Library Board of Trustees voted to endorse applying for a Proposition 14 grant for the future Rancho del Rey Library. (ATTACHMENT A) At its August 15, 2001 meeting, the Board voted to re-confirm their support o£ applying for Library Bond Act funds to construct the Rancho del Rey Library (ATTACHMENT B) In its 2000 annual report, the Growth Management Oversight Commission recommended that the Rancho del Rey Library be added to the City's CIP since this £acility must open by 2005 in order to avoid a threshold £allure. (ATTACHMENT C) DISCUSSION: To assist the reader this report is divided into the following sections: I. Background II. Evaluation of Two Library Construction Scenarios a. Library's GMOC Threshold Standard b. Siting/Location/Economic & Social Value c. Construction Costs d. Potential Impact of Proposition 14 Funds on Construction Costs e. Public Facilities Development Impact Fees f. Interim Library Service - EastLake Library g. Public Library Needs of Elementary School Students h. Economy of Scale i. Operating Costs III. Conclusion/Recommendation IV. Proposition 14 - Next Steps I. BACKGROUND In 1987, the City Council accepted the Chula Vista Public Library Master Plan; Facilities Planning to the Year 2010 developed by a joint venture of HBW Associates from Dallas and Michael Feerer & Associates from San Diego. The report, which was commissioned following the Montgomery annexation, was designed to assess the City's future library facilities needs and outline the most appropriate, cost effective long-term strategy for public libraries in Chula Vista. / Item ~, Page 3 Meeting Date: 8/28/01 The 1987 report recommended that the City build three regional libraries in Montgomery/Otay, Sweetwaterf~onita and Eastern Territories to complement the existing facility in the Central/Bayfront area. The plan also outlined square footage requirements, ranging from 17,000 to 40,000 gross square feet (GSF) per branch, as well as staffing, collections and other standards. During the 1990s, the City began to implement the 1987 Library Master Plan. In 1993, the EastLake Library opened on the campus of the EastLake High School. This branch was designed to serve as an interim service point until a permanent library could be built in the eastern territories. In 1995, the 37,000 GSF South Chula Vista Library opened to serve the Montgomery/Otay area. This award winning building was constructed in part through a grant from the California State Library. All master plans have a finite shelf life. The State Library recommends updating the plan every ten years. Therefore, in December 1997 the Library hired the firm of David M. Griffith and Associates to revise the 1987 plan. The revised facilities master plan, which was accepted by Council in December 1998, is the Library's current blue print for future development. This plan calls for the construction of a 30,000 GSF branch library at the City owned Rancho del Rey site (at the northwest corner of East H Street and Paseo Ranchero) as soon as possible. A second 30,000 GSF library is also recommended in the Eastern Urban Center in approximately 2015. Additionally, the 1998 plan calls for thc closure of the EastLake Library after the first branch library is built east of 1-805. In March 2000, voters passed the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act (Proposition 14). The bond act authorized $350 million for public library construction and renovation throughout the state. One of the hallmarks of the bond act is that it encourages cooperation between public libraries and public K-12 school districts. Under the proposed rules and regulations for the bond act, these joint-use projects may be one of two types, either a co- located library or joint-venture project. Initially, it was thought that the City might have an advantage in applying for Proposition 14 funds if we were building a co-located library. Therefore, during the FY 2000-01 budget workshops, the City Council directed staff to explore the idea of joining the Sweetwater Union High School District in building a co-located library on the future campus in Otay Ranch. It was further suggested that this be a mega-library of 60,000 GSF (recognizing that this was a change from the recommendations of the accepted 1998 Library Master Plan). Unfortunately, those discussions, which were conducted at the highest levels, did not prove fruitful. As a result, staff then turned to the Chula Vista Elementary School District to explore a possible joint-venture project. Instead of a co-located library, however, staff has been actively exploring the feasibility of designing a joint venture project at a 30,000 GSF library at Rancho del Rey (Please see map as Attachment "D" for the location of the Item /~ , Page_4 Meeting Date: 8/28/01 existing and proposed branches). This joint-venture would entail a Subject Specialty Learning Center based upon the model used at the Nature Center and the Olympic Training Center. This learning center would be intellectually and physically built around the local canyon geography and ecosystems. II. EVALUATION OF TWO LIBRARY CONSTRUCTION SCENARIOS Within the past six to eight weeks, some questions have been asked about the feasibility of constructing and operating two 30,000 GSF libraries on the east side. Should the City instead plan to build a single 60,000 GSF library? The single large library option was, of course, exactly what had been proposed with the co-located library in Otay Ranch. That concept appeared to make sense because the location was relatively central to the entire eastside and the City hoped that construction costs .would partially be repaid by a successful Proposition 14 grant. Since that co-located option is no longer viable, staff has chosen two eastside library facility construction scenarios for evaluation: · Scenario I is to construct two 30,000 GSF. The fir.st library would be built at the selected site in Rancho del Rey (RDR) and open by 2005 and the second library would open in the Eastern Urban Center (EUC) in approximately 2015. In this scenario, the assumption is that the City applies for and receives a Proposition 14 grant for the Rancho del Rey Library. · Scenario II is to construct and open a single 60,000 GSF library in the EUC in approximately 2015. Although it does appear that the Rancho del Rey site could accommodate a 60,000 GSF library, staff has not analyzed that option. Because staff is seeking Council direction on whether or not to prepare a Library Bond Act grant application, and because, the primary concern about the two-branch model appears to be cost of construction and operation of one versus two branch libraries, that option does not appear realistic. Should the City apply for and be awarded a grant to build a 60,000 GSF library at Rancho del Rey to open in 2005, the City would be, in a sense, over-building for the population yet to come. Therefore, the City would be paying for construction and on-going operational costs for space that was not yet technically needed. This report will outline the pros and cons of those two scenarios based upon a number of objective (fiscal) and subjective (Quality of Life) evaluation criteria: · Library's Growth Management Oversight Commission (GMOC) Threshold Standard · Siting/Location/Economic and Social Value · Capital Costs · Potential Impact of Bond Act Funds on Construction Costs Item ~/~ , Page_5 Meeting Date: 8/28/01 · Public Facilities Development Impact Fees (DIF) · Interim Library Service · Public Library Needs of Elementary School Students · Economy of Scale Issues · Operating Costs II a. LIBRARY'S GROWTH MANAGEMENT OVERSIGHT COMMISSION (GMOC) THRESHOLD STANDARD The City's current library threshold standard is 500 GSF per 1,000 population. The 1987 Chula Vista Public Library Master Plan called for a range of 500 to 700 GSF of library per 1,000 population. Based on this range, new library facilities were being designed to provide 600 GSF per 1,000 population, and the Library DIF was also predicated on a 600 GSF/1,000 population standard. The range provided in the 1987 Library Master Plan created confusion among staff and developers. To reduce the confusion, staff proposed an amendment to the Library threshold standard during the 1998 GMOC review period. The proposed 1998 Library threshold amendment would have changed the threshold from 500 to 600 GSF per 1,000 population. After further consideration staff then recommended that the threshold be defined as the total square footage required at build-out based upon the 1998 Library Master Plan and the April 2000 Public Facilities DIF update. As a result, the Growth Management Oversight Commission has recommended in their 2000 Annual Report that new development shall be responsible for paying sufficient fees to enable the City to construct 60,000 gross square feet (GSF) of new library space in the area east of 1-805. As stated in the report, "The construction of said facilities shall be phased such that the City will not fall below the city-wide threshold of 500 GSF per 1,000 population." The GMOC further recommends that the Rancho del Rey Library be added to the City's CIP since "this facility must open by 2005 in order to avoid a threshold failure." (ATTACHMENT C) The City Council did approve the GMOC's recommendation at their May 31, 2001 special joint workshop/meeting of the City Council, Planning Commission, and Growth Management Oversight Commission. The impact of the two different construction scenarios on the Library threshold standard is charted below: Item ./~, Page 6 Meeting Date: 8/28/01 Scenario I - Two 30,000 GSF Libraries, One Opening in 2005 and the Other in 2015 Year Population Total GSF of Construction of GSF Library Library 30,000 GSF Facilities Per Facilities Library Facility 1,000 Population 2001 188,700' 102,000 569 2005 208,100' 122,000'* X (RDR) 586 2010 233,313'** 122,000 523 2015 254,348**** 152,000 X (EUC) 598 2020 275,455*** 152,000 552 *Planning Department estimate **Assumes that the 10,000 square foot EastLake Branch Library will close ***SANDAG forecast ****Extrapolated from the 2010 and 2020 SANDAG estimates Scenario II - One 60,000 GSF Library Opening in 2015 Year Population Total GSF of Construction of GSF Library Library 60,000 GSF Facilities Per Facilities Library Facility 1,000 Population 2001 188,700* 102,000 541 2005 208,100' 102,000 490 2010 233,313'** 102,000 437 2015 254,348**** 152,000'* X (EUC) 598 2020 275,455*** 152,000 552 *Planning Department estimate **Assumes that the 10,000 square foot EastLake Branch Library will close ***SANDAG forecast * ** *Extrapolated from the 2010 and 2020 SANDAG estimates In both scenarios, the ultimate 60,000 GSF of library facility is built by 2015. However, in Scenario II, the construction of said facilities is phased in a manner that the City falls below the citywide threshold of 500 GSF per 1,000opopulation beginning in 2005. Item /~2, Page_7 Meeting Date: 8/28/01 II b. SITING/LOCATION There is considerable professional literature related to library site selection. In her 1997 book, Library Facility Siting and Location Handbook, author Christine Koontz laid out a set of "enduring and present-day site selection criteria" based upon this historic literature:! · A site with sufficient room for expansion (1876) · Central location near one or more thoroughfares (1894) · Library should be near the business section and shopping district (1899) · Locate library near city's strategic center (1924) · Density of population should affect number of branches (1933) · Location should maximize use (1941) · Select a site for a library as a retailer would (1947) · Equity of service implies access to public transportation, extensive parking, and that the doors be "open to all" (1956) · Branch should serve a minimum of 30,000 (1962) · Space libraries on density of population and the habits of travel patterns and population served (1966) · Medium-size branches have a 2-3 mile radius (1970) · Knowledge of population characteristics imperative (1970) · Locations of facilities must be based upon community analysis (1979) · Accessibility by private or public transportation, the visual quality of the facility, and the visibility of the facility are important (1989) · The library facility amidst burgeoning "digital libraries" still retains a sense of physical place in the community through non-traditional use, such as a meeting place for study or lunch, or library shop (1992) · Physical library facilities as non-partisan, publicly supported institutions with strong local community ties are especially well-suited to advance the national objectives for the information superhighway identified by Congress and the administration (1995 ) William Sannwaid outlines even more specific site selection factors in his book Checklist o£LibrarF Building Design Considerations.2 They include: General Conditions · Does the site provide visibility and identification to the population served? · Is the site affordable? Location · Is the site relatively close to the part of the community that is understood to be most active, and that will generate the most use? ~ Koontz, Christine M. Library Facility Siting and Location Handbook. Westport, Conn.: Greenwood Press, 1997. 26-27. 2 Sannwald, William W. Checklis~ of Library Building Design Consideration. 3~d ed. Chicago: American Library Association, 1997. 1-7. Item , Page _8 Meeting Date: 8/28/01 · Will this location best meet library objectives of providing materials and services to the greatest number of people at the lowest cost? · Is the site located near commercial, retail, cultural and other activities within the community? Accessibility · Is the site easily accessible to those living in the area served? · Is the site easily reached by the greatest number of potential customers? · Are travel times from target population areas to the library acceptable? Size · Does the size of the site provide adequate space for current needs? · Is the property configuration adequate for successful completion of the building program? Environmental Issues · Are there any natural or artificial barriers? · Are there any hidden problems of geology, topography, archaeology, buried objects or toxic waste? Finally, the Public Facilities Element of the Chula Vista General Plan includes a number of appropriate criteria for locating new library facilities. Among them are: · Proximity to community activity centers or neighborhood retail centers; · High visibility from street providing access; · Adequate vehicle control for ingress/egress to the site controlled by signalized; intersections or other adequate vehicular control; · Compatibility with surrounding neighborhoods; · Minimum displacement of existing residents and/or businesses; · Minimum costs; · Site's physical characteristics adequate to meet City's library facility development criteria. Based upon the criteria and factors outlined above, it is fair to say that both the specific site at Rancho del Rey (the northwest comer of East H Street and Pasco Ranchero) and the general Eastern Urban Center location work equally as well as potential library sites. However, when considering such factors as density of population served, branch service radius, travel time, and ease of accessibility, Scenario I (the two branch model) presents the best alternative. This was the recommendation of the 1998 Library Master Plan. As part of the justification for this model, the plan reported: The community survey pointed out that location is the single most important reason residents choose to use a particular library. Eighty percent of Chula Vista residents surveyed who use the Library make Item , Page 9 Meeting Date: 8/28/01 their facility selection based on convenience of the facility's location. Eighty-three percent of Library users indicated that they were willing to drive a maximum of 15 minutes to get to the Library.3 II b. SOCIAL/ECOMONIC VALUE Another factor to consider in the discussion of eastside library service models is the social value of branch libraries. Among professional librarians, it is no longer considered sufficient to simply provide a good book collection and a well-rounded range of services. Our mission now also includes fostering community. As librarians, we should share ... concerns about the erosion of social capital in our communities. We can play a role in finding new means to connect citizens and boost civic participation. Libraries uphold and strengthen some of the most fundamental democratic ideals of our society, not only making information freely available to all citizens, but also fostering the development ora civil society. Libraries build social capital and encourage civic engagement by developing community partnerships, facilitating local dialogue, and disseminating local data. Research has shown that increased social capital stimulates higher productivity, reduces depression, lowers disease rates, reduces crime, increases test scores, and spurs more responsive government. When libraries focus on these social- capital-building activities, they rekindle civic engagement, promote greater citizen participation and encourage increased involvement in community problem-solving and decision-making.4 The City of Chula Vista can point with pride to the success of the South Chula Vista Branch Library as an example of how neighborhood branch libraries can have a positive impact. Planned to serve as a community center, the library is the home to such diverse activities as the annual Dia de la Raza parade, an art gallery, the Chula Vista Literacy Center, voting, and blood pressure screening. Public libraries are also now seen as important economic catalysts for communities. In Chicago, Mayor Daley has made construction of neighborhood libraries an integral part of his community development plan. "He uses them as community anchors and has described them as the "heartbeat" of the community.''5 In Nashville, a new main library opened on June 9, 2001. It replaced a struggling shopping center. "City officials expect the library to do what Bennetton and the Gap could not: revitalize the city's cultural epicenter.''6 Jacksonville, Kansas City, and Los Angeles are just a few of the other cities where the public library is playing a new role as investment magnets. ~ DMG Maximus. Chula Vista Public Library Master Plan. 1998.48. 4 Kranich, Nancy. "Libraries Help to Build a Civil Society." American Libraries 32 ip (June 2001): 7. ~ St. Lifer, Evan. "Mary Dempsey Details the Chicago Story." Library Journal 126 (May 15, 2001): 41. 6 Albanese, Andrew Richard. "Libraries as Equity Building Blocks." Library Journal 126 (May 15, 2001): 40. Item , Page 10 Meeting Date: 8/28/01 How does this discussion of the public library's social and economic value play into the analysis of the proposed branch library construction models for eastern Chula Vista? When looking at the economic development potential, it is not very likely that the Rancho del Rey Library will contribute to further business development along H Street corridor, since it is basically built out and not in need of revitalization. However, a library as a core anchor in the future Eastern Urban Center could have considerable potential. This is probably true whether it is a 30,000 or 60,000 square foot facility. However, there is evidence that some eastern Chula Vista residents are looking to the opening of new branch libraries in social value terms. These residents not only see the immediate library benefits for themselves and their children (easy access to books, homework assistance, year round reading programs, etc.), they also see the library as creating a sense of place. At a recent Town Hall Meeting in Rancho del Rey, numerous individuals talked about how much they wanted a community gathering point beyond the nearby Costco and Kmart. They realized that the public library is one of the few truly public community venues. They want the exact same kind of benefits they see the residents of South Chula Vista receiving at their branch library. Finally, the residents really want to think of themselves as part of a greater Chula Vista and they see a City run neighborhood library helping them to achieve that goal. It is staff's belief that the two-branch library scenario provides the City with the opportunity to foster community identification faster and in a more neighborhood oriented manner than would the one library scenario. II c. CONSTRUCTION COSTS On the following page is a chart outlining the current cost estimates for the two library facility scenarios. These estimates, which are calculated in 2001 dollars, do show that it is approximately $1.8 million cheaper to build one large library rather than two smaller branches. Item , Page 11 Meeting Date: 8/28/01 Scenario I Scenario II Item7 1~t 30~000 Sq. Ft 2"a 30~000 Sq. Ft 60,000 Sq. Ft RDR site-2005 EUC site-2015 EUC site-2015 Needs Assessment $ 50,000 $ 50,000 $ 50,000 Bldg Program $ 50,000 $ 50,000 $ 50,000 Land8 $ 718,740 $ 718,740 $1,078,110 Survey $ 10,000 $ 10,000 $ 10,000 Geotechnical $ 15,000 $ 15,000 $ 15,000 Enviromnetual9 $ 50,000 $ 0 $ 0 Architectw $ 450,000 $ 450,000 $ 900,000 Interior Design $ 100,000 $ 100,000 $ 200,000 Grading $ 60,000 $ 60,000 $ 90,000 GeneralConditionsn $ 337,500 $ 337,500 $ 675,000 Landscaping $ 800,000 $ 800,000 $ 800,000 Construction~2 $ 4,500,000 $ 4,500,000 $ 9,000,000 Furniture $1,238,500 $1,238,500 $ 2,500,000 Equipment $1,115,000 $1,115,000 $ 2,169,500 Bookst~ $ 2,200,000 $ 2,200,000 $ 4,250,000 Contingency~4 $ 450,000 $ 450,000 $ 900,000 Project Mgt~ $ 250,000 $ 250,000 $ 375,000 StaffAdmin $ 250,000 $ 250,000 $ 375,000 Total $12,644,740 $12,594,740 $23,437,610 Total for two 30,000 square foot buildings = $25,239,480 Total for one 60,000 square foot building = $23,437,610 7 The cost figures will need to be adjusted once the detailed analysis is completed and design/site plans are [~repared. Based on April 2000 DIF Update, which included 3 acres for the Rancho del Rey site at $239,580/acre. Under the single 60,000 sq ft scenario, 4.5 acres is assumed, to allow for additional parking 9 Assumes environmental for EUC site would be done as part of larger environmental review for the entire EUC commercial site ~o 10% of construction cost n General conditions includes permits, fees, site work, utilities, etc. Represents 7.5% of construction cost. ~2 $150 per square foot (rounded figure) based upon actual costs for the new 64,000 square foot Carlsbad Library, which opened in 2000, and the construction cost in the Bond Act rules of $136.05 per square foot x 1.09 multiplier factor for San Diego County 17 120,000 volumes for the 30K facilities and 240,000 volumes for the 60K facility x $18.33 per volume ~nlus periodicals and online subscription costs 10% of construction cost ~5 Based on Project Management and Design Section's estimate of 10% for first $ lmillion less 1% for every million thereafter for projects in the dollar range shown. Assumed cost of $8.6 million for Project Management and Design supervision = 3% Item , Page 12 Meeting Date: 8/28/01 IId. POTENTIAL IMPACT OF LIBRARY BOND ACT FUNDS ON CONSTRUCTION COSTS The California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000, has the potential for greatly impacting the first phase of Scenario I. The Bond Act provides for $350 million dollars for public library construction and renovation. The grants will be awarded based upon a competitive application process. Applications for the first funding cycle are due June 14, 2002. In the first funding cycle, the Bond Board will award grants totaling no more than $150 million. Applications for the second funding cycle will be due on March 28, 2003. In that second cycle the Board will award grants totaling no more than $110,000,000. All remaining funds will be awarded in a third funding cycle, for which the applications will be due on January 16, 2004. The bond will reimburse 65% of all eligible costs for those jurisdictions receiving a grant. The primaU costs that are not eligible for reimbursement are books and staff (in-house) administrative and project services. As a result, Chula Vista has the potential to receive $6,284,681 in bond act monies to offset construction costs. The City would be obligated to pay the remaining $6,360,059 from the Public Facilities Development Impact Fee. $12,644,740 total estimated construction cost for the Rancho del Rey Library - $ 2,976,000 total estimated ineligible costsIs $ 9,668,740 total estimated eligible costs x .65 reimbursement factor $ 6,284,681 total potential cost reimbursement from Prop 14 $12,644,740 total estimated construction cost for the Rancho del Rey Library - $ 6,284,681 total potential cost reimbursement from Prop 14 $ 6,360,059 total estimated cost paid from DIF Since all of the bond funds will be awarded by 2004, the California Reading and Literacy Improvement and Public Library Construction Bond Act of 2000 will have no impact on Scenario II. As a result, the City's obligation for construction under the two branch scenario could be $18,954,799 (if awarded a grant) versus an obligation of $23;437,610 under the one branch plan. One important caveat is that the bond application process will be very competitive. The State Library has identified some $800 million in public library construction needs in California, while this bond only provides $350 million. There are no guarantees that Chula Vista will necessarily be successful. However, we can point to the City's previous success with the South Chula Vista Library, which was built as a result of a similar endeavor. t5 $2,476,000 for books and materials + $250,000 for Project Management + $250,000 for Staff Administration Item , Page 13 Meeting Date: 8/28/01 II e. PUBLIC FACILITIES DEVELOPMENT IMPACT FEES Thc current Librapj component of thc Public Facilities DIF is $638/edu (equivalent dwelling unit). This component includes thc costs for two 30,000 square foot branch libraries, at a cost of $12,644,740 each. These facilities are 100% DIF eligible. Under Scenario I, should the City be successful in receiving Bond Act funds for the Rancho del Rey Library site, the DIF cost of this branch would be $6,360,059. The Library DIF component could potentially be reduced by $157 to $481/edu.16 Under Scenario II, since the cost of a single 60,000 square foot facility at $23,437,610 is less than two 30,000 square foot facilities at $25,239,480, the DIF could potentially be reduced by $45 to $593/edu.17 These DIF reductions do not take into account increases for inflationary factors through the annual DIF updates. Based on the City of Chula Vista growth forecast included in the Methodology section of the April 2000 DIF update, between Years 2000 - 2005, the City anticipates constructing an average of 1,918 residential dwelling units, 13.77 commercial acres, and 33.83 industrial acres per year. Based on a July 1, 2000 Library DIF Fund balance of $2,259,328 and the collection of DIF fees based on the above growth forecast ($4,960,354) and $638/edu, staff estimates having $7,219,682, more than the needed $6,360,059, on hand by the beginning of 2004, when construction would start, under Scenario I. Based on this same growth forecast, projected for Years 2004-2010 and Years 2010 - 2015, by year 2013, when construction of the next branch would occur under Scenario I, the City will have collected an additional $12,454,590. This amount, coupled with the remaining funds of $859,623 through Year 2003, is more than sufficient in today's dollars to build the second 30,000 square foot branch in the EUC. Under Scenario II, by Year 2013, the City will have collected $19,674,272 in DIF fees, without investment earnings. The City may have to finance the difference between the cost of the single 60,000 square foot facility in the EUC at $23,437,610 and the DIF fees collected, or $3,763,338. II L INTERIM LIBRARY SERVICE - EASTLAKE LIBRARY In evaluating the two possible construction scenarios, it is important to consider how they would impact public library service delivery to eastern Chula Vista. The over-arching issue, which needs to be applied to an analysis of either scenario, is the level and quality of service being provided by the current interim public library facility at EastLake High School. ~a This number was calculated using the remaining edu figure of 40,120, per the April 2000 DIF update. $12,644,740 RDR cost - $6,360,059 new DIF cost = $6,284,681 savings/40,120 remaining edu = $157/edu ~7 $25,239,480 60,000 sq It cost - $23,437,610 cost for two branches - $1,801,870 savings/40,120 = $45/edu Item , Page 14 Meeting Date: 8/28/01 The 10,000 GSF EastLake Branch Library opened to the public in 1993 as a co-located library on the campus of EastLake High School. Since EastLake High is a closed campus, the public may only use the library once classes are dismissed. As a result, there are no weekday morning or early afternoon service hours and the brunch is open to the public for only 24 hours per week. 18 Additionally, the library building itself was built in the middle of the campus and is not visible from the street. There is also no adjacent or convenient parking. Because of these visibility and accessibility issues, the 1998 Library Master Plan recommends closing this branch after the first eastside, full-service library opens. At the most basic level, there is currently a wide disparity between the levels of library service offered west of 1-805 versus east of the freeway. Currently it is estimated that 37% of the City's population lives east of 1-805. This means that a 10,000 GSF library "supposedly" serves 69,800 people, a library that is open only 24 hours per week. Some 118,800 people live west of 1-805 and they are served by 92,000 GSF of library space and 112 hours of open hours per week. This service delivery disparity will only grow as the population increases in the master planned communities. Of course, the reality is that because of the EastLake Branch's limitations, most people who use that library come directly from the immediate EastLake neighborhood. Nevertheless, usage is definitely up at the EastLake Branch. For example, cimulation has increased by 61% since 1995. However, that impressive figure is less so when one realizes that branch's total FY 2000-01 circulation of 74,608 represents only 6.3% of the library system's total circulation in that fiscal year. This means that most residents of eastern Chula Vista drive to the Civic Center or South Chula Vista Branches for their library service needs. Another factor in the discussion of the EastLake Branch Library is the role and support of the Sweetwater Union High School District. Throughout its history, the District has been very supportive of this project. Unfortunately, in the day-to-day crush of work at the High School itself, the library frequently ends up having a very low priority. Therefore, getting resolution to issues that are in the school's hands can be frustratingly slow. One recent example of this problem is the fact that five of the six Internet access computer workstations in the brunch are down and have been unavailable to both students and the public for at least two weeks. The high school is responsible for the maintenance of these workstations. The reality is that the school administrators are coping with large and complex issues as the student population grows to over 2,800. Even with the best of intentions, these administrators are not likely to be able to move the library up in the priority list when they are faced with overcrowding, curriculum, personnel, and security issues. Applying this discussion to the two proposed scenarios is both subjective and objective. In Scenario I the EastLake Library would close in 2005, immediately improving the ~8 The EastLake Branch Library is open to the general public from 3:30 pm to 8:00 pm Monday through Thursday. It is also open on Saturday from 10 am to 4 pm. The branch is closed on Friday and Sunday. Item , Page 15 Meeting Date: 8/28/01 visibility and accessibility of public library service east of 1-805. In Scenario II, well over 100,000 people would technically be reliant upon the limited EastLake Library until 2015. Of course, we know that most of the library users will simply drive to the other two facilities to get their services, adding to local street congestion and impacting air quality. Another option, if Scenario II is implemented, might be to move the EastLake Branch to another interim location that is more visible and accessible. Commercial rental space perhaps. Since the agreement with the High School District expires in 2003 this is a viable alternative. However, the costs associated with such a move are not analyzed in this report. II g. PUBLIC LIBRARY NEEDS OF ELEMENTARY SCHOOL STUDENTS The growing population in eastern Chula Vista has also meant extraordinary growth in the Chula Vista Elementary School District (CVESD). The public library and the elementary schools west of 1-805 have a long history of supporting each other, with neighborhood school students walking to the library to do research assignments, and public librarians making regular visits to the schools to p.romote reading programs and new books. This has been especially appreciated over the past 25 years of uncertain and lean education budgets, and multiple demands on the district to cope with rapidly growing populations, declining test scores, and the technology revolution. In a recent examination of school library services in the CVESD, District staff has identified the following issues: · Lack of certified librarian-teachers o No library skills have been systematically taught for several years o Book talks and the art of motivating children to read has withered · Inconsistent library hours o Lack of regular access to supplemental reading and information due to many libraries being open a minimum of 3.5 hours per day · Funding fluctuations o 15 years of few new books o A recent large 3 year infusion of money (Library Access Fund) from the state will go away this year with no replacement funding · Technology explosion o Shelving space for and accessibility to books has been impacted by the need for computer workstation space There is a need for the public library to serve the schools east of 1-805. The distance of the current public libraries from most of the schools has meant there are no school class Item __, Page 16 Meeting Date: 8/28/01 visits, and the current public library staff is busy serving the schools in the western part of the city. There are presently 10 elementary schools in the proposed Rancho del Rey service area that do not have the same level of public library service as the older areas of the city. EastLake is not able to provide public library services to the elementary schools before 3:30 pm. In effect, the eastern elementary schools have no public library service. In Scenario I the Chula Vista Public Library will be able to address the lack of library services for the youngsters and their families on the eastside. The immediate building of Rancho del Rey with grant funds would provide full library service to the northeastern quadrant of the city, including service tol0 elementary schools. Since early Winter 2001 the public library and CVESD staff have been discussing the delivery of cooperative library services from a new 30,000 GSF Rancho del Rey library under the guidelines of Prop 14 to provide a joint-venture library and services in conjunction with a school district. As a result of these discussions, the Library and the District envision a full-time teacher based at the public library to deliver a physical, cultural, and historical geography curriculum based on the Sweetwater River Valley and South Bay Canyons. This course of study as well as formal library skills instruction would take place in a state of the art Student Learning Center. The District and the Library would jointly build a materials collection that positions the public library to address the elementary students throughout the city and at all public libraries. Students would also be able to request public library books online from their classroom computers and have delivered to their schools. The library would maintain an art gallery designed to exhibit children's art on a rotating basis. The Library's Literacy Team LEAP program that tutors elementary school children in reading would have a regular schedule at this new library. This would also become the home base for the growing STRETCH and DASH after school programs with the library having an in-and-out depot for efficient delivery of supplies to the school sites. If Council directs staff to prepare a Library Bond Act application, staff will return to Council with first a Letter of Intent and later a formal MOU regarding this proposal. Although this type of joint-venture is certainly possible under Scenario II, it is delayed by ten years. II h. ECONOMY OF SCALE One of the advantages of Scenario II is the economy of scale of building one library versus two in regards to operational cost savings. Although one building instead of two does not mean the need for fewer books, it does mean that certain expensive reference titles and some magazine subscriptions do not need to be duplicated. There are also savings because of not needing to duplicate public service points in two different buildings. As a result, the Library would need to staff only one circulation, reference and children's public service desk instead of two. This fact is accounted for the in following analysis of the operating costs. Item , Page 17 Meeting Date: 8/28/01 Additionally, there is the opportunity to provide a broader and deeper materials collection at one branch instead spreading the materials dollars between two. For example, instead of buying two copies of a single title on sail boats to be housed at two branches, the Library could buy two different titles on that same subject for the single branch. However, since a 30,000 GSF librmy is already considered to be large and resource rich by most residents (especially compared to the size of nearby City and County of San Diego libraries) the public may very well opt for the convenience of two branches. II i. OPERATING COSTS Staff has attempted to build a detailed, realistic staffing plan and operational budget for Scenarios I and II. (see ATTACHMENT E) Both plans rely heavily on the use of self- check out and check-in, a new technology, which reduced staffing needs in the Circulation units. Both scenarios take into account the savings accrued by the closing of EastLake Library and public service issues identified above. Special attention has been made to ensure that the proposed staff'lng levels include not only the branch staff but also the necessary Library Department and City support staff. At ultimate build out, the annual operating costs under Scenario I are $3,309,759 for the two branches. Under Scenario II, the annual operating cost for the 60,000 square foot branch is $2,507,623. The difference in operating costs between the two scenarios is $802,136, with Scenario II being the less costly plan. III. CONCLUSION/RECOMMENDATION To recap the analysis of Scenario 1 (two-branch model in 2005 & 2015) and Scenario II (1 branch model in 2015): · GMOC Library Threshold: Under Scenario I the Library never falls below 500 GSF per 1,000 population as called for by the GMOC. In Scenario II the Library falls below that threshold in 2005 and remains there for ten years, until 2015. · Siting/Location: Both the specific RDR site and the general EUC site meets accepted site selection criteria and standards. However, Scenario I provides better equity of service when branch service radius and travel time are taken into account. · Social/Economic Value: Building a new library in the EUC makes considerable sense when considering the economic value of libraries. That is accomplished in both Scenarios I and II. However, Scenario I provides the City with a better opportunity to foster community identity in eastem Chula Vista. Also, by building two branch libraries instead of one, it offers eastside neighborhoods with a greater number of free public community venues. Item __, Page 18 Meeting Date: 8/28/01. · Construction Costs: In today's dollars, the cost of building two branch libraries is approximately $1.8 million more than building one larger library. $25,239,480 versus $23,437,610. Therefore, Scenario II is cheaper. · Potential Impact of Bond Act funds: The City could receive approximately $6.28 million dollars to pay for 65% of eligible costs for the Rancho del Rey Library under Scenario I. That grant is not available under Scenario II. · Public Facilities Development Impact Fees: Since Proposition 14 funds could offset DIF requirements under Scenario I, there is a potential for a greater decrease of the Library DIF than under Scenario II. · Interim Service - EastLake Library: The interim public library at EastLake is recognized to have visibility and accessibility problems. Under Scenario I, those problems go away in 2005 with the opening of the first branch library. In Scenario II, the situation remains unchanged until 2015, unless mitigated in some manner. · Public Libraries and Elementary Schools: District staff has identified the need for accessible public library service in eastern Chula Vista to compliment their own program. This service is implemented ten years sooner under Scenario I versus Scenario II. · Economy of Scale: Scenario II provides greater opportunities for savings as a result of economy of scale. · Operational Costs: In today's dollars, at ultimate build-out in 2015, the estimated operating costs are approximately $800,000 per year less in Scenario II. As mentioned earlier in this report, the analysis is by its nature both objective and subjective. To put it most bluntly, the analysis comes down to the cost and service issues. Under Scenario II the costs are cheaper. Under Scenario I public library services improve more quickly and are better distributed throughout the community, the GMOC Library threshold is maintained, and there is a better to build community identity. After evaluating all the issues, staff believes the improved level of service provided in Scenario I outweighs the additional cost. Additionally, the Library Bond Act offers a unique opportunity for the City to leverage its construction dollars under Scenario I, Staff recommends pursuing the Proposition 14 grant. It should be noted that, since 1987, the City has supported the concept of an ultimate four-branch library system. By directing staff to prepare a grant application, Council is in no way obligating the City. The next section of this report will outline the necessary work staff must do to prepare the application and the points along the way where Council will take action. Item , Page 19 Meeting Date: 8/28/01 If the City applies but does not receive the grant, staff and Council will, by necessity, need to re-review our options. One option might be to implement Scenario II, if Council considers cost issues to bc the primary concern. IV. PROPOSITION 14 - NEXT STEPS Should City Council direct staff to prepare a Library Bond Act grant application, there is much work to be done. The California State Library and the California Public Library Construction Bond Board are in the process of finalizing the Rules and Regulations for implementation of the Bond Act. The list of supporting documentation that will be required as part of the application provides a glimpse into the effort required. · A completed application form (29 pages long) · Boundary survey · Geotechnical report · CEQA documentation · Preliminary title report · Verification of site ownership · Property appraisal · Cooperative agreement with the school district for a join-use project · Community Library Needs Assessment · Library Plan of Service · Library Building Program · Conceptual building plan · Projected cost estimates Furthermore, each of these components has their own set of requirements. For example, the Community Library Needs Assessment requires extensive description and analysis of relevant factors that affect the library goals and objectives and the Library Plan of Service for the residents in the project service area. The premise behind Scenario I in this report is that Chula Vista will apply for and be granted funding in the first cycle of grant awards. In fact, the Library and its consultant Beverley Simmons, has already been working on the initial pieces of the Community Needs Assessment (see ATTACHMENT F). However, because of the scale of this effort, staff is not actually sure that it can make thc first application deadline, which is expected to be on Jane 14, 2002. At that time, the Board will award grants totaling no more than $150 million in that cycle. If Chula Vista is unable to prepare a submittal for the first cycle, it surely can do so in time for the second funding cycle. Those applications are currently due in March 2003. In that go-round the Board will award grants totaling no more than $110 million. All remaining funds will be awarded in a third cycle for which applications are expected to be due in January 2004. Item , Page 20 Meeting Date: 8/28/01 During this process staff will return to City Council at a number of points along the way for: · Approval of a Letter of Intent to provide a joint-venture project with the Chula Vista Elementary School Board · Approval for hiring a consultant to write the building program · Approval for hiring an architect to produce the conceptual design · Approval of the final MOU with the School District · Approval of a Resolution certifying: o Commitment to provide the local matching funds o Commitment to provide necessary supplemental funds Availability of funds to meet cash flow requirements The project budget o Accuracy and truthfulness of the information in the Application o Commitment to operate the completed facility and to provide public library direct service o Commitment that the facility shall be dedicated for public library direct service for a period of 40 years19 FISCAL IMPACT: Staff estimates that it will cost a total of $298,000, plus $100,000 in in-kind contributions, to prepare the Bond Act grant application as outlined above. These monies are already appropriated in CIP LIB124 Eastside Library Construction. Should the City receive a Library Bond Act grant these costs are eligible for reimbursement at a 65% rate. The long-term fiscal ramifications of building one or two branch libraries are discussed in the body of this report. Attachments A - Minutes of March 21, 2001 Library Board Meeting B - Draft Minutes of August 15, 2001 Library Board Meeting C - Library GMOC Threshold Standard D - Chula Vista Public Library System map E - Operating Cost Charts F- Information Memorandum of Needs Assessment to These certifications are similar to those required as part of the application for bond act funds to build South Chula Vista Librat3'. The one difference is that the City is committed to seeing that the South Chula Vista Library is dedicated to direct public library service for a 20 year period, instead of the now required 40 years ATTACHMENT A Minutes LIBRARY BOARD OF TRUSTEES March 21, 2001 LIBRARY CONFERENCE ROOM 4:00 PM All Items May be considered for Action CALL TO ORDER ROLL CALL Trustees Hartman P , Hubbard P , Pasqua P , Chair Deason P Vice Chair Clover E City Staff Present: David Palmer, Stephanie Loney, Paula Brown, John Corbett, Nora McMartin I. APPROVAL OF MINUTES - Meeting of February 21, 2001 MSUC (Pasqua/Hartman) to approve the minutes of the February 21, 2001 meeting as mailed. II. REPORT FROM COLLECTIONS DEVELOPMENT MANAGER, SENIOR LIBRARIAN STEPHANIE LONEY Collection Development Librarian, Stephanie Loney, gave the Trustees an overview of the Library's system-wide approach to ordering and purchasing materials. An annual selection plan has been developed which provides fresh materials when they are most likely to be circulated, such as children's books during the summer reading program and videos during summer vacation. The public can suggest materials to add to the collection. Patrons may fill out a green sheet, or go to the catalog and make suggestions. III. CONTINUED MATTERS A. East Side Library In a meeting with City management staff it was determined that the joint school library was not feasible. The Library Master Plan recommendation for a 30,000 sq. ft. library at E1 Rancho del Rey will now be used as the basis for the grant application. Staffhas begun discussions with the Chula Vista Elementary School District in formalizing a cooperative agreement Trustees were invited to attend the meeting with the School District on April 4 at the South Chula Vista Library. Trustee Hubbard reported that the school has an interschool delivery system, which could be employed to deliver Library books to the students at the school. Library Board of Trustees - 2 - March 21, 2001 Trustees were asked to endorse the Library's application to begin work on the Prop 14 grant for the Rancho Del Rey Site. MSUC (Hubbard/Hartman) The Library Board of Trustees approved the Proposition 14 proposal, with the adjustment to the Rancho Del Rey Site. B. Appointment of Board member(s) to Eastside Library Advisory Committee Trustees were in agreement that the Library Board commit itself to having one representative at each Citizen's Advisory Committee meeting C. FY 2001-03 Budget Director Palmer delineated a list of enhancements that the library is requesting: These included: Printed materials for the Summer Reading Club, materials budget increase of $5,000 with a second $5,000 increase in the following year, EastLake Sunday hours, new book drops, $8,000 to continue working with the fund raising consultant, increasing hours at the South Chula Vista Branch, and additional DASH after school sites. IV. NEW BUSINESS A. April Meeting Several Trustees indicated that they will not be available at the time of the April meeting. MSUC (Hubbard/Hartman) That the Library Board not hold an April meeting unless it necessary for budget purposes. V. LIBRARY DIRECTOR'S REPORT A. Monthly Statistics None B.Legislative Update None C. Other John Corbett, Principal Librarian, reported that the Library was successful in obtaining a $7,200 matching grant for opac enhancement. This grant will allow The Library Place, to load jacket art, book covers, table of contents, authors' notes, etc. on to the Library's web site. This will make our web site more like Amazon.com. Funds must be expended by June 30. Library Board of Trustees - 3 - March 21, 2001 VI. COMMUNICATIONS A. Friends - None B. Public Comments - None D. Written Comments - None E. Board Comments Trustee Hubbard reported that he was impressed with last month's report on the children's literacy program. He pumhased 24 books that were a favorite in his family to be donated to this program. VII. ADJOURNMENT - The next Library Board of Trustees meeting will be held on May 16, 2001. COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA) The City of Chula Vista, in complying with the Americans with Disabilities Act, requests individuals who may need special accommodation to access, attend and/or participate in a City meeting, activity or service request such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and activities. Please contact JoAnn Howard for specific information at 691-5193 or Telecommunications Devices for the Deaf (TDD) (619) 476- 5357. Califomia Relay Service is available for the hearing impaired. JoAnn Howard Library Board Secretary ATTACHMENT B Minutes LIBRARY BOARD OF TRUSTEES Ausust 15,2001 LIBRARY CONFERENCE ROOM 4:00 PM All Items May be Considered for Action CALL TO ORDER ROLL CALL Trustees Hartman P , Hubbard _P_, Pasqua P,_ Vice Chair Clover ~E Others Present: Nancy Lemke City Staff Present: Shauna Stokes, Paula Brown, John Corbett, Nora McMartin, Maureen Roeber Tris Hubbard opened the meeting at 4:03 I. APPROVAL OF MINUTES - Meeting of June 20, 2001 MSUC(Hartman/Pasqua) to approve the minutes as distributed. II. CONTINUED MATTERS A. Library Bond Act Application The Trustees received a report in their packets outlining the background, progress and ratiOnale behind the Library's preparation to apply for Library Bond Act Funds. The Library has reached a point in the process where Council direction is needed. Staff has analyzed two eastside library construction scenarios to assist Council in deciding whether or not to apply for the public library bond act funds. Scenario 1: To construct two 30,000 sq. ft. facilities. One would be built in Rancho del Rey and open by 2005. The second library would open in the Eastern Urban Center in approximately 2015. Scenario 2: To construct a single 60,000 sq. ft. library in the Eastern Urban Center in approximately 2015. Trustees discussed the GMOC threshold, economy of scale, the needs of the community, DIF funding, services to elementary schools east of 805 and the EastLake Library. MSUC (Hartman/Pasqua) The Library Board supports Scenario 1 and recommends to the City Council that staff be directed to move forward with a grant proposal for a 30,000 sq. ft. library in Rancho Del Rey, to open in 2005, in association with the Chula Vista Elementary School District. Trustees were asked to attend the August 28 City Council meeting to support this issue. A member o£the Board was also asked to speak on this measure. ATTACHMENT C 3.8 LIBRARIES Threshold: Five-hundred gross square feet of library facility adequately equipped and staffed per 1,000 population. Threshold Finding: In compliance 3.8.1 Library Threshold Amendment Issues: The City's current library threshold standard is 500 gross square feet (GSF) per 1,000 population. The 1987 Chula Vista Public Library Master Plan called for a range of 500 to 700 GSF of library per 1,000 population. Based on the range, new library facilities were being designed to provide 600 GSF per 1,000 population, and the library DIF was also predicated on a 600 SF/1,000 population standard. The range provided in the 1987 Chula Vista Public Library Master Plan created confusion among staff and developers. To reduce the confusion, staff proposed an amendment to the library threshold standard during the 1998 GMOC review period. The proposed 1998 library threshold amendment would have changed the threshold from 500 to 600 GSF per 1,000 population. After further consideration Library Department staff believes the threshold should be defined as the total square footage required at buildout based upon the 1998 Library Master Plan. Proposed Threshold: New development shall be responsible for paying sufficient fees to enable the City to construct 60,000 gross square feet (GSF) of new library space in the area east of Interstate 805. The construction of said facilities shall be phased such that the City will not fall below the city-wide ratio of 500 GSF per 1,000 population. As presently configured in the current Library Master Plan (1998), this will entail construction of a 30,000 GSF library in Rancho Del Rey and a 30,000 GSF library in the Otay Ranch. New library facilities are to be adequately equipped and staffed. Implementation Measures: Should the GMOC determine that the Threshold Standard is not being satisfied, then the City Council shall formally adopt and fund tactics to bring the library system into conformance. Construction or other actual solutions shall be scheduled to commence within three years. Recommendation: That the City Council direct the City Manager to schedule the proposed Library Threshold Standard amendment for Council adoption no later than December 31, 2001. 3.8.2 Library Building Plan Issues: The Library Master Plan calls for the construction of a 30,000 square foot full-service, regional library in Rancho Del Rey by 2005. This library would be constructed on City-owned property located at East H Street and Paseo Ranchero. If this library is expected to be open by 2005, planning must start on time and funding be identified for construction otherwise the City may violate the threshold standard. Construction funding through a State Prop 14 grant is being pursued. Should the City not get the grant, there may be insufficient DIF funds available to construct the library outright without debt financing. The City will not face this decision point until late 2002 or early 2003. Recommendation: That the City continue to actively pursue the Rancho Del Rey Library Planning/Building Plan Program and place as a priority the identification of adequate construction funding to be available no later than December 31, 2002. Recommendation: The Rancho Del Rey Library should be added to the City's 5-year CIP Plan this year since this facility must open by 2005 in order to avoid a threshold failure. ATTACHMENT F INFORMATION MEMORANDUM DATE: April 25, 2001 TO: The Honorable Mayor and City Council VIA: David D. Rowlands, r~., City Manager FROM: David J. Palmer, Deputy City Manager~-) SUBJECT: Library to Host Town Hall Meetings for Master Plan Needs Assessment Update The Library is beginning the yearlong effort to prepare a grant application for Cali£omia Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act (Prop 14) funds. If awarded, these funds would be used to construct a new regional size branch library at the corner of East H Street and Paseo Ranchero in Rancho del Rey. In order to apply for the state grant, the Library must have completed a needs assessment within three years of the application date, which is expected to be in June 2002. Because of this requirement, the Library must update the "Needs Assessment" chapter of the 1998 Library Master Plan. The Library has re-hired Beverley Simmons, the consultant who conducted the previous needs assessment, to assist with this project. As part of the update, the Library is hosting a series of Town Hall meetings and focus groups on May 9, I0, 1 l, 2001. The purpose of these meetings is to solicit input from the commnnity about their library needs and how they can best be met in the planning for the nexv library in eastern Chula Vista. The schedule for these public sessions will be as follows: · Town Hall Meeting - Wednesday, May 9 at 7 pm at Discovery Elementary School · Special Meeting for Friends and Donors - Thursday, May, 10 at 4. pm at Civic Center Branch Library · Town Hall Meeting - Wednesday, May 10 at 7 pm at Olympic View Elementary School Post cards are being mailed to residents of eastern Chula Vista inviting them to attend one of the two Town Hall Meetings (Attachment). There will also be a number of small focus groups, including one for educators and one for organizations, institutions and businesses which are located near the Rancho del Rey site. RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING STAFF TO PREPARE A "CALIFORNIA READING AND LITERACY IMPROVEMENT AND PUBLIC LIBRARY CONSTRUCTION AND RENOVATION BOND ACT OF 2000" GRANT APPLICATION FOR THE CONSTRUCTION OF THE RANCHO DEL REY LIBRARY WHEREAS, in December 1998, the City Council accepted the Chula Vista Public Library Master Plan which recommends the construction of two 30,000 square foot libraries to serve eastern Chula Vista with the first branch to open at Rancho del Rey in 2005; and WHEREAS, following the passage of the "California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000" (Proposition 14), the City Council directed staff to explore with the Sweetwater Union High School District the concept of applying for a grant to build a single, co-located 60,000 square foot library at the future Otay Ranch High School; and WHEREAS, after approximately 8 months of discussion, it became clear that this idea was not likely to come to fruition; and WHEREAS, in light of the looming Proposition 14 application deadline, staff began informal discussions with the Chula Vista Elementary School District about a possible joint- venture project at a 30,000 square foot Rancho del Rey Library; and WHEREAS, since discussions with the Elementary School District are progressing well, staff was to begin the formal planning of the project necessary to complete the Proposition 14 application; and WHEREAS, during the Council's FY 2001-03 budget workshop, there was discussion about returning to the idea of a single 60,000 square foot library; and WHEREAS, if the City wishes to apply for a Proposition 14 grant, staff must now begin the year's worth of work to prepare the application, which must include a joint-venture project or co-located library with a K-12 school district in order to be competitive; and WHEREAS, in response to Council's concerns, staff has analyzed two eastside branch library construction scenarios to assist Council in deciding whether or not to apply for the public library bond act grant. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chuta Vista does hereby direct staff to prepare a "California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000" Grant application for the construction of the Rancho Del Rey Library. Presented by Approved as to form by David Palmer Deputy City Manager ,d~ity Attorney J:\Attorney\Reso\Library Ca Reading grant HONORARY CONSULATE GENERAL OF .JAPAN 10455 POMERADO ROAD 5AN DIEGO, CAL.IFORNIA 92131 Dr. Randall C. Phillips Honorary Consul General Telephone: (858) 635-4537 Facsmile: (858) 693-8562 Email: rPhillip@usiu.edu August 27,2001 Dear Friends of Japan: It is my pleasure to invite you to the Welcome Reception for the A50 delegates from Japan to be held on September 10, 2001 from 6 - 8 p.m. at the ARCO Olympic Training Center, 2800 Olympic Parkway, Chula Vista, CA 91915. Telephone (619) 656-1500. At the beautiful Visitors Center we will greet the A50 delegates: Mr. Kenji Tamiya, an Advisor to Sony Corporation; President Sony America Corporation 1981-85; Chairman Sony Corporation 1985-86; Ms. Mieko Takenobu, Staff Writer of Asahi Shimbun, authority on Women of Japan; Mr. Masao Kikuchi, outstanding graduate student at Meiji University, representing youth of Japan. We are honored to have these three in our region in a series of programs to commemorate the 50th anniversary celebration of the signing of the u.S.-Japan Peace Treaty. They are here to express "A", standing for appreciation to the "50" States of America for "50" years of friendship. We thank the Mayor of San Diego, Dick Murphy, and the City Council for the welcome proclaiming "Millennium Peace Day" in San Diego Sunday, September 9, 2001. We thank the Mayor of Chula Vista, Shirley Horton, and the City Council for the proclamation of the day, Monday, September 10, 2001 as "Millennium Peace Day" in Chula Vista to honor the A50 program. Come to celebrate U.S.-Japan Friendship! Meet A50 delegates and civic leaders! Mingle with Olympic athletes at the Training Center! Participate in the Japanese Tea Ceremony served by the Urasenke San Diego Chapter! I look forward to seeing you September 1O! ~d/~ ~:lliPS Honorary Consul General of Japan in San Diego change and nnderstanding he- tween the people of Japan, San Diego & Tijnana The JSSDT's programs and ser- vices arc funded in part by Ihe City of San Diego Economic Dcvclop- mcnt Division and County of San Diego The JSSDT is a contributing mem- ber ofthc National Association of thc Japan America Society N..""" Ë';:-d Sox"... .. JSSOT Executive CommIttee JSSOTOffice 1250 6th Avenue #226 San DiegoCA92101 Tel: 619.233.6873 Fax: 619.702-5035 E mail: ~ssdt@us'iapan.org www.us.japan.org Editor Ritsuko Nakanishi(Ryoko Miyake JSSDT Officers Alan Foster Chairman, Board of Directors Manuel Pasero Vice Chairman, Board or Directors Michael Inoue, President Richard Davis, Vice Presidcnt Richard Ferguson, Corporate Secretary James Fazio, Treasurer Ritsuko Nakanishi, Executive Director ence to the Paclllc Ocean. Thts issue of Tayori is no exception. When a JSSDT Education Council member, Claudia Kimura (see page 4), took her Marian Catholic High School students to Japan, this June, she led her group to the Port of Nagasaki, Japan's traditional window to the West. They visited the Church of Saint Francis of Jesus, dedicated to a 24-year old seminarian who, along with 25 other Christians, became the first Mexican Martyr on February 5, 1597. For the next 250 years, Japan remained closed to the West. As Dr. John Stoessinger (JSSDT Honorary Director) eloquently described in his Michael S. Inoue, Ph.D June 6, 2001 JSSDT Lecture at USD (page 5), it was the United States President, JSSDT Navy that persuaded the Shogunate to re-open the country to the world. Commodore Perry (1794-1858), the great-great grandfather of JSSDT member Hester Evans (page 5), led the 16 "black ships" to the Bay of Tokyo, where our sister city ofYokoharna is located. "I consider Matthew Calbraith Perry of the United States Navy to be one of the greatest ftiends of humanity the world has ever seen," wrote Reverend Kanzo Uchimura (1861-1930) in "Representative Men of Japan," originally writ- ten in English in 1894 and re-published in 1999 by Kodansha International with a Japanese trans- lation by Dr. Kazuo Inamori (JSSDT Business Leadership Award recipient 1997). In 1887, San Diego had a population of 30,000. On November 10, 1887, Japan sent its first navy vessel, the 190-foot Tsukuba to visit San Diego. Local residents welcomed its 414 sailors, as they paraded down Market Street with a police band. On November 22, as the Tsukuba sailed past Point Lorna on its way to Mexico, a seaman, Tsu- nejiro Toya, fell into the sea. Tsukuba delayed its departure while the crew ftantically searched for Toya, but after the second day, she had to saiL Eventually, Toya's body was recovered and, on December 13, 1887, he was buried at the Mount Hope Cemetery. The kind people of San Diego and the U. S. Navy maintained Seaman Toya's tomb through WWll. Since then, every time a Japanese Maritime Defense vessel enters the port of San Diego, the crew visits Seaman Toya's grave after paying respect to the Americans buried at Rosecrans National Cemetery. This tradition has been preserved, thanks to the efforts of JSSDT members such as Professor Donald Estes of City College; the Retired Rear Admiral Kenzo Sato of JMSDF; Mr. Takashi Kondo, recipient of the 2000 JSSDT Business Leadership Award; Mr. Kaz Kiyono of the Japanese Coordinating Council; and Dr. Randall C. Phillips, Honorary Con- sul General of Japan in San Diego. This year's visit took place on June 22, when three JMSDF vessels visited San Diego (page 4). Our bridge of friendship now spans the Pacific Ocean. But we are also busy preparing for future generations. On July 13, we were visited by a delegation from the City ofSasebo, Japan, the of- ficial Sister Port of San Diego. Sasebo will be celebrating its centennial next year and has in- vited us to participate. On September 9-11, 2001, San Diego will welcome a contingent of the A50 Mission (page 6) that is coming to express the Japanese people's Appreciation to Americans of 50 States for the 50 years of friendship. Mr. Richard Ferguson, esq. of CABRl and Ms. Stephanie Kellems of the Fair Group are the JSSDT A50 Committee Co-Chairs. (Continue to Page 3) . p..... IIIÇ ".Vl LlUII VllÇt> glÇäL IIÇLWUlK- ing opportunities with others who are in- terested in Japan, and this delicious barbe- cue will help you to make new friends. Our new 5:01 team of young attorneys and executives is organizing the program, and you will also be hearing exciting future programs from the team. Cost is only $15 per person for To RSVP, please call the JSSDT office at 619-233-6873 or E-mail at rjssdt@us- japan.org. The program is sponsored by Morrison & Foerster LLP, InsnreHiTech and Shognn Kobe Restanrant. . Insure Hi Tech E"'PM"."h"""..,~,""Im,," Thursday, September 6-Live Internet Panel on US-Japan relations This program addresses the ques- tion offuture US-Japan relations in a live, interactive web broadcast. Panelists of Japanese and American scholars, business- men and legislators will participate in a live 2-hour discussion from San Francisco and Tokyo. The program will be held in two one-hour segments with an interactive Q&A session at the end of each hour. More than 15 universities throughout the state have organized audiences, and you can participate in this live internet confer- ence at Southwestern College RM 214 HITACHI lnspiTe the Next Are you a member of JSSDT? (900 Otay Mesa Rd, Chula Vista), Spectrum Academic Center ofthe National Univer- sity (9388 Lightware Avenue, San Diego), and Universidad Xochicalo (Blvd. Insur- gented 16902 Cot Los Alamos, Tijuana). The first session: The Geopolitics of Secu- rity in East Asia will start at 4:00 p.m. and the second session: Has Japan Figured Out the New Global Economy? starts at 5:00 p.m. To RSVP, please call to the JSSDT office at 619-233-6873 or E mail at rjssdt@us-japan.org. If you are not alrcady a member. of the Japan Society of San Diego & Tijuana, we invite you to join now. Rctum this application with your payment to our officc. $15 Student/Seniors 0 $30 Individual 0 $50 Family $150 Small BusinesslNon-Profits 0 $500 Corporate $1,000 Corporate Patron 0 $2,500 Corporate Founder Affiliation 0 0 0 Name Address Email ~ 'AN¡<..,~;.a~~ ",-", ..L L Please visit San Diego's on line resource for the local events and pro- grams www.internationaicalendar.org You will find all the up-coming intemstional programs in thc San Dicgo region. Continued from Page 1 (4000 Coronado Bay Rd., Coronado). The highlight of our banquet is to honor indi- viduals who have made outstanding efforts to improve and expand the economic, cul- tural, educational and political ties be- tween our three countries. This year, the Society will present the Business Leader- ship Award to Mr. James Wiesler, former Vice Chaiman and member of the Manag- to Or. John Moessmger, ViSItIng rroressor of Global Diplomacy at the University of San Diego and the first lnamori Professor of the Joan Kroc Institute for Peace and Justice. Tickets are $95 for members and $125 for non-members. A table of 10 is $85(}for members and $1,100 for non members. Sponsorship information is available. Please call 619-233-6873. November 4-11: Trade Mission to Japan The San Diego World Trade Center in partnership with the Japan Society San Diego & Tijuana is organizing a mission for individu- als, companies and organizations to visit To- kyo, Yokohama, Osaka and Kyoto-with op- tional visit to Kobe and Hiroshima. Participants will have options to at- tend either business and trade related meeting or cultural and academic exchange during the day. In the evenings the group will participate in social networking events of importance of all. For more information, please contact Hugh Constant, Vice President, San Diego World Trade Center by faxing the following information at 619-615-0876 or E mail: Hconstant@sdwtic.org Name Company Address Phone Email Our artist, Suzanne Marie Williamson, will be building an Art Wall of Peace with her students. The October 17 Annual Banquet program is headed by Ms. Angelika Villagarana of SDRCc. The banquet will honor two great personages, the renowned political scientist, Dr. John Stoessinger, and the former Honorary Consul General of Japan in San Diego and Senior Bank of America leader, the Honorable James Wiesler. In November, the WTC-JSSDT Mission will be visiting many seaport cities of Japan. Yokohama is anxious to work with San Diego biotech industries as it seeks to become Japan's center for biotech research. Hiroshima is awaiting our children's Book of Peace and "Millennium Bridge" (p. 4) by Mr. Manuel Bennett. I sincerely appreciate the efforts by JSSDT members and would like to invite even more people to join us in our effort to turn our naval connections into a bridge that will span, not just the ocean, but generations to come. ~. -- -- m- --r----~- Friendship Garden on June 14 and exchanged their long-lasting friendship. A squadron of three destroy- ers and the JMSDF Air Force visited San Diego to participate in joint training with the US Navy. The joint training has been done annually for 38 years. At the reception, Dr. Ran- M". Chieko Campbeli and Mr. & M". Martin CollinspromotefriendshipwithJMSDF office". Navy and Mr. Tom Ya- nagihara, president of the Japanese Friendship Gar- den, made the warm wel- coming remarks. Captain Sekiguchi of the JMSDF responded with humor, that he hopes to see a good Japanese baseball player for the Padres ncxt time. JSSDT Participates in successful Leadership Day JSSDT activities were displayed at Qualcomm Stadium on Leadership Day on July 14 to promote JSSDT membership. The JSSDT thanks Ms. Arlene Boltz and Hitachi Home Electronics, Inc. for allow- ing us to share their space, and Mr. Richard Davis, Ms. Claudia Kimura, Dr. Mike Inoue, Ms. Joanne Funahashi and daughter Alexa, Ms. Suzanne Inoue, Ms. Kuniko Maruyama and Dr. Randall Phillips for their help at the event. Millennium Bridge by Me. Manuel Bennett. Mr. Richard Davis. Ms. Claudia Kimura and Dr. Mkelnoueatthe leade"hipDay. Students Visit Mayor Akiba, the City of Hiroshima, with a thousand cranes. Mayo Akiba (Center), Ms. Claudia Kimura and her students at Marian Catholic High School. On June 19, 200 I, one thousand paper cranes flew from San Diego to Hi- roshima, as Ms. Claudia Kimura and four of her Marian Catholic High School students: Kristen Ayala (age 15), Gabe Peterson (16), Juan Munoz (17) and Margaret Alcock (17). and their parents traveled to Japan to pre- sent their work to Dr. Tadatoshi Akiba, the Mayor of Hiroshima. The cranes were not the only gift these stu- dents took to Japan. They also pre- sented a sample copy of the Book of Peoce, written by San Diego elemen- tary school students under the guid- ance of Torrey Pines High School students who visited their schools to share" Sadako's story"(about a young Japanese girl) and motivated them to participate in this JSSDT- supported Art for Peace project for global peace. tolerance, and friend- ship. On July 19, JSSDT Executive Committee member, Ms. Arlene Bolz announced Hitachi company's deci- sion to support the JSSDT Millen- nium Peace Project with $5000 grant. University of San Diego on June 7, 2001. about his extraordinary personal experience during the world war period His life was saved twice by Japanese dip- lomats and once by an American soldier at the time when the United States and Japan were at war. "Isn't it neat that two enemies together saved my life," said Dr. Stoessinger. A renowned scholar of global diplomacy, Dr. Stoessinger expressed his concerns about global peace that the world has not yet achieved. He said, " We still have many things to learn about each other to make a better world, and building a peace bridge between the two countries is most signifi- cant" At the end of his speech, the JSSDT announced its nomination of Dr. Stoessinger as the recipient of the 2001 Edwin & Haru Reishauer International Education Award. The JSSDT would like to express its appreciation to the University of San Diego, the College of Arts and Sciences and the Joan Kroc Institute for Peace and Justice for the use of its facility. Dr. John Stoessinger, Proresso< or Global Diplomacy at the Univcr- sity or San Diego JAPAN Special Promotion TV Japan Special Promotion for JSSDT members and families. Promotional Period: August 1 to September 30 $150 discounts to new TV Japan subscribers. TV Japan offers full-day programming from Japan. For $30 a month, you can enjoy a wide variety of high-quality programs provided mainly by NHK on DISH Network's satellite service. From Japaoese cooking to heartwanning dramas, from live news and sports to music and family entertainment, you will find it all on TV Japan. For $199 plus tax, you can receive System 2812 (1 an- tenna/I receiver) and standard installation for one TV set. Original value is $349. For more information, please call 1-800-518-8576 James Argue (O Heather Campbell Mark Edwin Kristelyn Wachner Natale Pietro Toshiko Ishihara Nancy Birdwell Takashi Yamamoto Renewal Members QuaIcomm Port of San Diego Union Bank of California Sanyo North America Corp. Sony Electronics, Inc. Sandra Ojiri Chikako Yagi Douglas Ojiri Kevin Staff Claire Hamano Dee Aker Glenn Elgin Harold & Jacqueline Corey Barry Lamont Manuel Pasero Ryoshiro Baba Anne Middleton Burton Housman Pamela Robinson Hester Evans Yoriko Suzuki Nobuko Okada As we head into the 21st Century, will the USJapan relationship still be the most important bilateral relationship 1250 6th Avenue Suite 226 San Diego CA 92101 Phone: 619-233-6873 Fax: 619-702-5035 Email: rjssdt@us-japan.org A50 delegation visits San Diego from September 9 to 11, 2001 Five decades has passed since the signing of the San Francisco Peace Treaty, formally bring- ing World War II to a close. Japan has undergone tremendous growth and change in that period, be- carneing one of the world's largest economies and a leader in the international community. Throughout that time, the United States has played a critical role, assisting Japan's economic recovery and en- couraging the development of democracy in Japan. The A50 is a private Japanese initiative de- signed to express the appreciation of the Japanese people for the many contributions the United States made there during the critical period of postwar re- construction. It endeavors to foster greater under- standing between the people of the United States and Japan- particularly among the younger genera- tions- of the fundamental importance that this rela- tionship has for both countries in the postwar period. A caravan of 15 teams of three Japanese participants each will reach out to about 30 cities across the United States, hoping to create a founda- tion for bilateral cooperation, communication, friendship, and trust based not only on the history of the relationship but on the common issues and shared val- ues that will continue to tie our two countries together. A team of three Japanese delegates will visit San Diego September 9 and 10 and the JSSDT is planning a wide scope of programs with them. More information will follow. Po me Minister Shigeru Yoshida of Japan, surrounded by senior mem- bers ofthe Japanese delegation, signs the Peace Treaty on Septem- berS, 1951. Secretary of State Dean Acheson, chainnan ofthe peace conference, watches from the podium. Copyright2001 Uldis Kruze and the University of San Diego Courtesy: San Francisco Public library Oral Histories Japan Society of San Diego & Tijuana 1250 6th Avenue #226 San Diego, CA 92101 Non Profit argo US Postage PAID San Dicgo, CA Permit #850 As a prelude to the panel dis- cussion, testimonies surround- ingthesigningofthe 1951 San Francisco Peace Treaty from Robert A Fearey, former assis- tant to John Foster Dunes and Technical secretary at the Japa- neSe Peace Conference, and for- mer Prime Minister Kiichi Mi- Prol!:ram SDonsors & SDecial Thanks ~c SOUTIIWES""" - yazawa are currently available on the NAJAS's website at www.us-japan.org HITACHI lnspire the Next QUALCONVV\ NMRS "(,>I,JII()s L -ee- FálR GROUP ~ K~O[ERa Japan Society of San Diego & Tijuana Education Council Alliant UniversitylUSIU, California State University, San Marcos, Centm de Enseßanza Téconica y Superior (CETYS), EI Colegio de la Frontera Norte, Gmssmont High School, ¡nstiMe Tecnologico y de Estudios Superi- ores de Monterrey (TEe), Pmject Concern, International Leaming Gmup, JET Aiumni Association, Kajirna Construction S""ices, Inc., Kyocera, National University, Point Lorna Natharene University, San Diego City College, San Diego City Schools, San Diego State University, San Diego State University Japanese Studies Institute, San Dieguito Union High School District, Sanyo North America Corporation, Southwestem College, Universidad Autònoma de Baja Califomia, Universidad lBEROAMER 1- CANA, Universidad de Tijuana, Universidad Xochicalco, University of California San Diego, International Relations aod Pacific Studies, Unive ,- sity or San Diego, University of San Diego Joan Kmc Institute for Peace and Justice ~ Thep ofJa¡ from Glob, Socie port f Univi tion, visiOl Divis As we head into the 21st century, will the US-Japan relationship still be' the most important bilateral relationship bar none?-by Ambassador Michael J. Mansfield Richard Samuels, Ford International Pro- fessor of Political Science at the Massachu- setts Institute of Technology (MIT) and the Founding Director of the MIT Japan Pro- gram, will moderate the San Francisco panel. Dr. Motoshige Itou, Professor of Economics at the University of Tokyo, will moderate the Tokyo panel. Registratio Session A: The Geopolitics of Secu- rity in East Asia-Is US-Japan rela- tionship is built on thin reeds? Session B: Has Japan Figured Out the New Global Economy? -From the Koizumi reform to the emergence of China. Confirmed panelists include: Steven Vogel, Associate Professor of Political Science, UC Berkeley Nao Matsukata, Special Assistant to Ambassador R.B. Zoellick at the Of- fice of Planning and Policy. Robert A. Feldman, Morgan Stanley, Tokyo Charles Lake 11, Senior Vice President and General Counsel, AFLAC Japan Lon S. Hatamiya, Secretary of Calif or- nia Technology, Trade and Commerce Agency. Tomohito Shinoda, Associate Profes- sor, the Reserarch Institute, Interna- tional University of Japan. Diet members Motohisa Furukawa (Democratic Party), Ichita Yamamoto (Liberal Democratic Party), and Taro Kono (Liberal Democratic Party) Seats are Jim form today t, 1250 6th Avi CA 92101, T Fax 619-702 rjssdt@us-ja A Digital Roadmap to the Future of US-Japan Relations addresses the question in a live, interactive web broadcast. Japanese and American scholars, businessmen and legislators will participate in a live 2- hour dis- cussion from panels in San Francisco and Tokyo. The program will be held in two one-hour segments, concluding with an interactive Q & A session at the end of each hour. Viewers will be able to submit questions and com- ments to panelists in both cities. On- hand translators will ensure sound communications and provide a truly cross-cultural program. Yes, I will at Locations (PI 0 Southwest( (900 Otay La 0 National U Academic Ce (9388 Light\\ 0 Universida (Blvd. Insurg Alamos, Tiju Name More than 15 universities throughout the United States have organized au- diences, consisting of students, educa- tors and community leaders and US- Japan related organizations to witness this exciting event. In Tokyo, more than 200 people, consisting of stu- dents, the public and private sector, will convene at the Academy Hills learning facility to watch and partici- pate in the panel discussion. The program is sponsored by the National Association of Japan- America Societies (NAJAS) with support from the Japan- US Friendship Commission, Cente r for Global Partnership and Morgan Stanley, and the Japan Society of San Diego & Tijuana with support from Southwestern College, Na- tional University, Universidad Xochicalco, Qualcomm, Hitachi Foundation, Hitachi America Limited- Home Electronics Div i- sion, City of San Diego Economic Devel- opment Division, County of San Diego and KYOCERA. Address Phone Numb Email JSSDT meml Yes_No- NOTICE OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA NOTICE IS HEREBY GIVEN that the City Council of the City ofChula Vista will meet on Tuesday, August 28, 2001, at 7:00p.m. in the City Council Conference Room, located at 276 Fourth Avenue, for the purpose of holding a Closed Session to discuss the following item: CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6 . City Negotiator: City Manager Employee Organizations: Chula Vista Employees Association, Western Council of Engineers Employee Groups: Executive, Senior-Management, Mid-Management, Confidential and Umepresented . . DATED: August 27, 2001 3:30 p.m. SIGNED: ~ Susan Bigelow, City Clerk Notice is hereby given that the Mayor of the City of Chula Vista has called and will convene a special meeting of the City Council on Tuesday, August 28, 2001, at 7:00 p.m. to consider, deliberate and act upon the following: Shirley H~ SPECIAL MEETING OF THE CITY COUNCIL AGENDA Council Chambers Public Services Building 276 Fourth Avenue August 28,2001 7:00 P.M. CALL TO ORDER ROLL CALL: Councilmembers Davis, Rindone, Padilla, Salas, and Mayor Horton 1. CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6 . City Negotiator: City Manager . Employee Organizations: Chula Vista Employees Association, Western Council of Engineers . Employee Groups: Executive, Confidential and Unrepresented Senior-Management, Mid-Management, ADJOURNMENT