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HomeMy WebLinkAbout2008/07/08 Agenda Packet I declare under pana:~y eof perjury that I am . amployed by the City of Chu!a Vista in the , Office of the City Clerk and thai I posled Ihi~ ' ~ ent on the bulletin board IICCOrdlnll ~ requirements. ~- 1!;:~~3' . 1)~ SIGNED " CrlY OF- . HULA VISTA rYeJl Cheryl Cox, Mayor Rudy Ramirez, Councilmember David R. Garcia, City Manager John McCann, Councilmember Bart Miesfield, Interim City Attorney Jerry R. Rindone, Councilmember Donna Norris, Interim City Clerk Steve Castaneda,. Councilmember July 8, 2008 6:00 P.M. Council Chambers City Hall 276 Fourth Avenue CALL TO ORDER ROLL CALL: Council members Castaneda, McCann, Ramirez, Rindone, and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . INTRODUCTION BY INFORMATION TECHNOLOGY SERVICES DIRECTOR LOUIE VIGNAPIANO, OF EMPLOYEE OF THE MONTH, NESTOR P. JIMENEZ JR., TELECOMMUNICATIONS SPECIALIST . PRESENTATION OF A PROCLAMATION BY MAYOR COX TO KATHY CIEN- MAYER, PARKS AND RECREATION COMMISSIONER, AND BOARD MEMBER OF THE FRIENDS' OF CHULA VISTA PARKS AND RECREATION, PROCLAIMING JULY AS RECREATION AND PARKS MONTH IN THE CITY OF CHULA VISTA . PRESENTATION BY NANCY LYTLE, ACTING PLANNING DIRECTOR, OF THE "SMART GROWTH" AWARD FROM THE URBAN LAND INSTITUTE FOR THE CITY OF CHULA VISTA'S URBAN CORE SPECIFIC PLAN CONSENT CALENDAR (Items 1 through 8) The Council will enact the Consent Calendar staff recommendations by one motion. without discussion, unless a Councilmember, a member of the public, or staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting Items pulledfrom the Consent Calendar will be discussed immediately following the Consent Calendar. Page 1 - Council Agenda htto ://y,,'\VW ,c hula vistaca. gOY July 8, 2008 I. APPROVAL OF MINUTES of May 20, 2008. Staff recommendation: Council approve the minutes. 2. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN THIS CITY ON JUNE 3, 2008, DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING RESOLUTION NO. 2008-016, CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 4, 2008, TO INCLUDE A SPECIAL RUNOFF ELECTION TO ELECT TWO MEMBERS OF THE CITY COUNCIL, PURSUANT TO THE CHULA VISTA CHARTER C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AT A SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 4, 2008 The Registrar of Voters has transmitted the certified results of the General Municipal Election held on June 3, 2008. Elections Code Section 10262(b) requires the City Clerk, as the City elections official, to certify the results of the election to the City Council, which shall adopt a resolution reciting the fact of the election. Adoption of the resolutions declares the results of the General Municipal Election, gives notice of the upcoming Special Municipal Election, and adopts regulations pertaining to materials prepared by candidates and the associated costs. (Interim City Clerk) Staff recommendation: Council adopt the resolutions. 3. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING IRREVOCABLE OFFERS OF DEDICATION FOR LOTS "GG" AND "Moo OF SUBDIVISION MAP 14261 FOR PARK PURPOSES AND APPROVING A REAL PROPERTY PURCHASE AGREEMENT BETWEEN THE CITY AND NNP- TRIMARK SAN MIGUEL RANCH, LLC FOR THE ACQUISITION OF LOT 13 OF SUBDIVISION MAP 14261 WITHIN THE SAN MIGUEL RANCH PLANNING AREA OF THE.CITY OF CHULA VISTA B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 CAPITAL IMPROVEMENT PROGRAM BUDGET AND APPROPRIATING $350,000 FROM THE AVAILABLE PARK AND ACQUISITION DEVELOPMENT (PAD) FUND BALANCE TO EXISTING CIP PR260 "SAN MIGUEL RANCH COMMUNITY PARK" FOR PARK PROPERTY ACQUISITION PURPOSES (4/5THS VOTE REQUIRED) The proposed community park at San Miguel Ranch is located at Paseo Veracruz and Mount Miguel Road. Adoption of the resolutions enables the City to purchase one additional acre to enlarge the park from 19.05 to 20.05 acres. (City Engineer/Engineering Director) Staff recommendation: Council adopt the resolution. Page 2 - Council Agenda htto :// vvw\v .ch ula vistaca.llOV July 8, 2008 4. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORlZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2008/2009 WITHIN COMMUNITY FACILITIES DlSTRlCTS 97-1, 97-2, 97-3, 98-1, 98-2,98-3,99-1,99-2,2000-1,2001-1,2001-2,07-1, 08-M, 08-1, 09-M, I1-M, 12-1, 12- M, 13-1, AND 13-M AND DELEGATING TO THE CITY MANAGER, OR DESIGNEE THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH DlSTRlCT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORlZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2008/2009 WITHIN COMMUNITY FACILITIES DlSTRlCTS 06-1 AND 07-M AND DELEGATING TO THE CITY MANAGER, OR DESIGNEE THE AUTHORlTY TO ESTABLISH THE SPECIAL TAX FOR EACH DISTRICT Twenty-one Community Facilities Districts (CFDs) were formed during Fiscal Years 1998-2006. Each year, a special tax must be levied in each of the districts to pay for the maintenance of open space preserve areas and maintenance of other public facilities, or to repay bondholders. Adoption of the resolutions authorizes the levy of maximum speciil( - taxes for the CFDs indicated. (City EngineerlEngineering Director) Staff recommendation: Council adopt the resolutions. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUB MITT AL OF TWO GRANT APPLICA TlONS FOR FEDERAL SAFE ROUTES TO SCHOOL FUNDING CYCLE-2 TO IMPROVE PEDESTRlAN F ACILITlES ALONG I STREET AND ALONG MOSS STREET Section 1404 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) authorized the Federal Safe Routes to School (SRTS) Program in August, 2005. The U.S. Congress authorized a five-year federal funding for the program. This resolution approves the filing of grant application for two projects under Cycle 2 of the Federal Safe Routes to School Program. (City EngineerlEngineering Director) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND A WARDING CONTRACT FOR THE "ADA CURB RAMPS FISCAL YEAR 2007/2008, PHASE 2 (STL334A)" PROJECT TO H & D CONSTRUCTION CO. IN THE AMOUNT OF $104,997.50 AND AUTHORlZING THE DIRECTOR OF PUBLIC WORKS TO EXPEND ALL A V AILABLE CONTINGENCIES IN THE PROJECT On May 21, 2008, sealed bids were received for the project which consists of the installation of ADA pedestrian ramps and other associated improvements and repairs on various street intersections in the City. (City Engineer/Engineering Director) Staff recommendation: Council adopt the resolution. Page 3 - Council Agenda http://Vo,'W\N . c 11 u lavi staca. 20V July 8, 2008 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "REAS SLURRY SEAL PAVEMENT REHABILITATION PROGRAM FISCAL YEAR 2006/2007 (STL- 340C)" PROJECT TO PAVEMENT COATINGS CO. IN THE AMOUNT OF $1,559,200 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT On May 14, 2008, sealed bids were received for the project. The work consists of the removal and replacement of damaged asphalt concrete pavement and the application of Rubberized Emulsion Aggregate Slurry (REAS) at various locations in the City. The work for this project also includes sub-grade preparation, striping, pavement markings, traffic control, and other miscellaneous work, and all labor, material, equipment, and transportation necessary for the project. (City EngineerlEngineering Director) Staff recommendation: Council adopt the resolution. 8. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTIONS 8.25.020, 8.25.070 AND 8.25.095 OF THE CHULA VISTA MUNICIPAL CODE (FIRST READING) In March 2008, Council approved amendments to Chula Vista Municipal Code Chapter 8.25 - "Recycling," which incorporated language for a Construction and Demolition Debris Recycling Program. The program requires a written waste management plan and performance deposit to ensure that the waste management plan is fully implemented. Adoption of this ordinance adds surety bonds, letters of credit or other surety acceptable to the City Manager or designee as a form of payment for the performance deposit. (Public Works Director) Staff recommendation: Council hold first reading of the ordinance. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from discussing or 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 item(s) have been advertised as public hearing(s) 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. Page 4 - Council Agenda htto ://www.chulavistaca.QOV July 8, 2008 9. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer services charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection. (Finance Director) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL 10. CONSIDERATION OF PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION Chula Vista Municipal Code Section 8.24 allows delinquent solid waste service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection. (Finance Director) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL II. CONSIDERATION OF TESTIMONY FOR THE FISCAL YEAR 2008/2009 LEVY OF ASSESSMENTS AND COLLECTION OF THOSE ASSESSMENTS FOR CERTAIN CITY OPEN SPACE DISTRICTS AND MAINTENANCE DISTRICTS The City administers and maintains 36 Open Space Districts and associated zones that have been established over the last 30 years. The Districts provide a financing mechanism to maintain the public open space areas associated with each particular development. The levy of the annual assessment for Fiscal Year 2008/2009 will enable the City to collect funds to provide these ongoing services. (City Engineer/Engineering Director) Staff recommendation: Council conduct the public hearing and adopt the following resolutions. Page 5 - Council Agenda htto:i /W\,,'\V. ch u fa vistaca. Q:QY July 8, 2008 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR CITY OPEN SPACE DISTRICTS I THROUGH II, 14, IS, 17, 18,20,23,24,26,31 AND 33, EASTLAKE MAINTENANCE DISTRICT NO. I (ELMD #1), AND BAY BOULEVARD MAINTENANCE DISTRICT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR CITY OPEN SPACE DISTRICT I C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR THE TOWN CENTRE MAINTENANCE DISTRICT 12. CONSIDERATION OF A TENTATIVE SUBDIVISION MAP, PCS-06-03, TO SUBDIVIDE 1.12 ACRES INTO TWENTY-EIGHT CONDOMINIUM UNITS FOR INDIVIDUAL OWNERSHIP AT 615 MOSS STREET (APPLICANT: MOSS 28 LLC) The applicant proposes to convert an existing twenty-eight unit apartment complex into twenty-eight condominium units. (Acting Planning Director) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE SUBDIVISION MAP TO SUBDIVIDE 1.12 ACRES INTO TWENTY-EIGHT CONDOMINIUM UNITS FOR INDIVIDUAL OWNERSHIP LOCATED AT 615 MOSS STREET 13. CONSIDERATION OF A CONDITIONAL USE PERMIT (PCC-08-13) FOR THREE CHAMPIONSHIP OFF-ROAD RACING (CORR) EVENT WEEKENDS IN 2008 AND THREE IN 2009 WITHIN THE RIMROCK QUARRY, AND AUTHORIZATION FOR THE WAIVING OF THE FULL COST RECOVERY RATES AND USE OF AN ALTERNATIVE RATE OF OVERTIME PLUS TWENTY PERCENT FOR POLICE, FIRE AND EMERGENCY MEDICAL SERVICES (APPLICANT XR PROMOTIONS, LLC FOR CHAMPIONSHIP OFF-ROAD RACING) XR Promotions, LLC for Championship Off-Road Racing (CORR), has applied for a two-year temporary Conditional Use Permit (CUP) for three off-road race events scheduled for 2008 and three similar race events in 2009. Adoption of Resolution A approves the Mitigated Negative Declaration and Conditional Use Permit. Resolutions B and C proposed by the Police and Fire Departments, recommend appropriating $27,859 and $33,567 respectively, to offset the costs of providing Police and Fire services for the events. If approved by the City Council, all costs for providing these services will be reimbursed by the Applicant at "overtime plus 20-percent," rather than the Full Cost Recovery (FCR) rate as delineated in the FCR schedule. (Acting Planning Director/Interim Fire Chief/Police Chief) Staff recommendation: Council conduct the public hearing and adopt the following resolutions: Page 6 - Council Agenda htto :llvvww .ch ulavistaca. gOY July 8, 2008 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING PROGRAM (IS-08-0I 1), AND GRANTING A CONDITIONAL USE PERMIT (PCC-08-013), TO CONDUCT RACE EVENTS ON A TEMPORARY RACETRACK WITHIN THE RIMROCK QUARRY, LOCATED OFF HERITAGE ROAD AND ADJACENT TO THE OTAY RIVER V ALLEY B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO WAIVE THE FULL COST RECOVERY RATE FOR POLICE SERVICES FOR THE CHAMPIONSHIP OFF ROAD RACING (CORR) RACE EVENTS, AUTHORIZING AN ALTERNATIVE RATE OF COST RECOVERY OF OVERTIME PLUS 20%, AND APPROPRIATING $27,859 TO THE POLICE DEPARTMENT FISCAL YEAR 2008/2009 PERSONNEL SERVICES BUDGET FOR OVERTIME COSTS (4/5THS VOTE REQUIRED) C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO WAIVE THE FULL COST RECOVERY RATE FOR FIRE AND EMERGENCY MEDICAL SERVICES FOR THE CHAMPIONSHIP OFF ROAD RACING (CORR) RACE EVENTS, AUTHORIZING AN ALTERNATIVE RATE OF COST RECOVERY OF OVERTIME PLUS 20%, AND APPROPRIATING $33,567 TO THE FIRE DEPARTMENT FISCAL YEAR 2008/2009 PERSONNEL SERVICES BUDGET FOR OVERTIME COSTS (4/5THS VOTE REQUIRED) BOARD AND COMMISSION REPORTS 14. CONSIDERATION OF CHARTER REVIEW COMMISSION RECOMMENDATION REGARDING PROPOSED CHARTER AMENDMENT TO ADD TERM LIMITS FOR THE MAYOR AND CITY COUNCIL MEMBERS This item is submitted on behalf of the Charter Review Commission. The Commission is proposing an amendment to Section 300.0 of the City Charter. The proposed amendment would limit the number of terms an individual may serve in the office of Mayor or Councilmember. An amendment to the City's Charter, as proposed, would require approval by a majority of the voters. (Charter Review Commission) Staff recommendation: Council consider the Commission's proposed Charter amendment and provide direction to staff accordingly. OTHER BUSINESS 15. CITY MANAGER'S REPORTS Page 7 - Council Agenda htto:// VI:W'-\'. ch ulav istaca. !LOV July 8, 2008 16. MAYOR'S REPORTS A. Ratification of appointment of Erica Fessia to the Cultural Arts Commission. B. Ratification of the appointment of Misty Tienken to the International Friendship Commission. C. Consideration of designation of a voting delegate and up to two alternates for the Annual Business Meeting at the League of California Cities 2008 Conference, to be held September 24 through September 27, 2008 in Long Beach, California. 17. COUNCIL COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M Brown Act (Government Code 54957. 7). 18. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Christian Morales v. City of Chula Vista. et a!. United States District Court, Case No. 07CV0186JM (WMc) Lori Kneebone v. Donna Norris. et a!., San Diego Superior Court, Case No. 37-2008- 00070819-CU- WM-CTL 19. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) Two cases ADJOURNMENT to an Adjourned Regular Meeting on Thursday, July 10, 2008 at 6:00 p.m. in the Council Chambers and thence to the Regular Meeting of July 15, 2008 at 6:00 p.m. in the Council Chambers. Materials provided to the City Council related to any open-session item on this agenda are available for public review at the City Clerk's Office, located in City Hall at 276 Fourth Avenue, Building 100, during normal business hours. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, contact the City Clerk's Office at (619) 691-50415041 or Telecommunications Devices for the Deaf (TDD) at (619) 585-5655 at least forty-eight hours in advance for meetings and five days for scheduled services and activities. California Relay Service is also available for the hearing impaired. Page 8 - Council Agenda httu ://v..:ww .ch uIa vi staca. gOY July 8, 2008 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA May 20, 2008 6:00 P.M. A regular meeting of the City Council of the City of Chula Vista was called to order at 6:03 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: City Manager Garcia, City Attorney Moore, Interim City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATHS OF OFFICE Anthony San Nicolas to the Commission on Aging Mikki Zbikowski to the Commission on Aging Interim City Clerk Norris administered the oath of office to Anthony San Nicolas, and Deputy Mayor Rindone presented him with a certificate of appointment. Ms. Zbikowski was not present at the meeting. CONSENT CALENDAR (Items 1 through 7) Councilmember Ramirez stated he would be abstaining from voting on Item 2, Councilmember McCann stated he would be abstaining from voting on Item 7, and Deputy Mayor Rindone stated he would be abstaining from voting on Item 4. Item 3 was removed from the Consent Calendar for discussion by Deputy Mayor Rindone. With respect to Item4, Mayor Cox noted an amendment to the item on the dais, and a letter to the Mayor and Council, dated May 20, 2008. She also recognized Mrs. Barbara Altbaum, who was present at the meeting. I. APPROV AL OF MINUTES of April 8, 2008. Staffrecommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS Memorandum from Councilmember Rudy Ramirez requesting an excused absence from the City Council Meeting of May 13, 2008. Staff recommendation: Council excuse the absence. Page I - Council Minutes J - ) May 20, 2008 DRAFT CONSENT CALENDAR (Continued) 3. This item was removed from the Consent Calendar. 4. RESOLUTION NO. 2008-128, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSENTING TO THE ASSIGNMENT OF CHULA VISTA CABLE, LTD., FR..A.NCHISE AGREEMENT TO NEXHORIZON BROADBAND OF SOUTHERN CALIFORNIA, INe. Subject to City Council approval, Chula Vista Cable Ltd. is transferring ownership of its cable operations and infrastructure within the City of Chula Vista to NexHorizon Broadband of Southern California Inc., (NexHorizon). The franchise agreement between the City and Chula Vista Cable requires that the franchisee obtain City Council approval prior to assigning the franchise. Adoption of the resolution authorizes the assignment. (Conservation and Environmental Services Director) Staffrecommendation: Council adopt the resolution. 5. RESOLUTION NO. 2008-129, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PARCEL MAP THAT PROPOSES TO VACATE TWO PUBLIC DRAINAGE EASEMENTS WITHIN PARCEL I AND PARCEL 2 OF PARCEL MAP NO. 19498 In January 2004, the Design Review Committee approved an application for a medical office complex located at 955 through 973 Lane Avenue in Eastlake Business Center I. The owner of the property, Otay Lakes Partners, LLC, is requesting that the City approve a parcel map and vacate two drainage easements enclosed within the property. The two drainage easements are no longer needed since the temporary drainage system that served the property has been replaced by the permanent storm drain system. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2008-130, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A BUDGET TRANSFER FROM THE EXISTING SOUTHWESTERN CHULA VISTA STREET IMPROVEMENTS PROJECT (STL-306) TO FIRST A VENUE IMPROVEMENTS BETWEEN NAPLES STREET AND PALOMAR STREET (STL-303) AS NECESSARY TO COMPLETE THE PROJECT, REJECTING THE LOWEST BID AND APPROVING THE SECOND LOWEST BID, AND AWARDING THE CONTRACT FOR THE "FIRST A VENUE IMPROVEMENTS BETWEEN NAPLES STREET AND PALOMAR STREET IN THE CITY OF CHULA VISTA, CALIFORNIA (STL-303)" PROJECT (4/5THS VOTE REQUIRED) On April 30, 2008, the Director of Engineering and General Services received sealed bids for the project. The work to be done consists of sidewalk improvements and related street work along First A venue between Naples Street and Palomar Street in the City of Chula Vista. The work. also includes all labor, material, equipment, transportation, protection and restoration of existing improvements and traffic control necessary for the project as shown on the drawings. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. Page 2 - Council Minutes ;-)- I c. May 20, 2008 DRAFT CONSENT CALENDAR (Continued) 7. ORDINANCE OF THE CITY OF CHULA VISTA DESIGNATING VERY HIGH FIRE HAZARD SEVERITY ZONES AS RECOMMENDED BY THE DIRECTOR OF THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION AS DESIGNATED ON MAPS MAINTAINED IN THE OFFICE OF THE CITY CLERK. (FIRST READING) Pursuant to Government Code Section 51179, the City must designate by ordinance, very high tire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the Director of Forestry and Fire Protection. The City received the Director's recommendations in the form of a map identifying very high tire hazard severity zones within Chula Vista. Adoption of the ordinance designates these zones as required by State law. (Planning and Building Director/Interim Fire Chiet) Staff recommendation: Council hold first reading of the ordinance. ACTION: Council member Castaneda moved to approve staffs recommendations and offered the balance of Consent Calendar (I, 2, and 4-7), headings read, text waived. Council member Ramirez seconded the motion and it carried 5-0, except Item 2, which carried 4-0-1, with Councilmember Ramirez abstaining; Item 4, which carried 4-0-1 with Deputy Mayor Rindone abstaining; and Item 7, which carried 4-0-1, with Councilmember McCann abstaining. ITEMS REMOVED FROM THE CONSENT CALENDAR 3. RESOLUTION NO. 2008-127, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CLOSURE OF THIRD AVENUE FROM "E" STREET TO "G" STREET ON JUNE 8, 2008 FROM 4:00 A.M. UNTIL 7:00 P.M. FOR THE DEWALT THIRD AVENUE VILLAGE GRA.ND PRIX CALIFORNIA BIKE RACING STATE CRITERIUM CHAMPIONSHIPS, APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BIG RING RACING FOR THE SPECIAL EVENT, AND APPROPRIATING $2,095 TO THE FISCAL YEAR 2008/2009 POLICE DEPARTMENT PERSO!\'NEL BUDGET BASED UPON UNANTICIPATED REVENUES Big Ring Racing, in conjunction with the Third- Avenue Village Association, is requesting the closure of Third A venue and portions of other streets for the DeWalt Third Avenue Village Grand Prix California Bike Racing State Criterium Championships, a professional cycling event, on Saturday, June 8th, 2008. (Communications Director) Staff recommendation: Council adopt the resolution. Deputy Mayor Rindone requested assurance from staff that there would be no issues regarding full cost recovery for Police services at the event. Communications Director Pursell' responded that a number of meetings had been conducted between the event organizers and the City to resolve potential issues. ACTION: Deputy Mayor Rindone moved to adopt Resolution No. 2008-127, heading read, text waived. Councilmember Castaneda seconded the motion and it carried 5-0. Page 3 - Council Minutes ! i v' May 20, 2008 D R-,<\FT ACTION ITEMS Deputy Mayor Rindone abstained from Item 8, and left the dais at 6: 18 p.m. 8. CONSIDERATION OF APPROVAL OF A LAND OFFER AGREEMENT BETWEEN THE CITY AND OV THREE TWO, LLC; JJJ & K INVESTMENTS TWO, LLC; AND RR QUARRY, LLC FOR CONVEYANCE OF 160 ACRES TO THE CITY FOR UNIVERSITY/REGIONAL TECHNOLOGY PARK DEVELOPMENT One of the key goals of the Chula Vista General Plan is the development of a University/Regional Technology Park. Successful implementation of the Land Offer Agreement would complete the land acquisition necessary to accomplish this goal through the receipt by the City of 160 acres (100 acres net) of developable land. (Planning and Building Director) Planning and Building Director Sandoval gave an overview of the Land Offer Agreement. Rob Cameron, representing JPB Development, spoke in support of the proposed resolution. ACTION: Councilmember McCann moved to adopt Resolution No. 2008-131, heading read, text waived. RESOLUTION NO. 2008-131, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO ENTER INTO A LAND OFFER AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND OV THREE TWO, LLC; JJJ & K INVESTMENTS TWO, LLC; AND RR QUARRY, LLC FOR CONVEYANCE OF 160 AC:RES TO THE CITY FOR UNIVERSITY/REGIONAL TECHNOLOGY PARK DEVELOPMENT, AND ACKNOWLEDGING THE OFFER OF DEDlCA nON Councilmember Ramirez seconded the motion and it carried 4-0-1, with Deputy Mayor Rindone abstaining. RECESS TO A RECEPTION FOR UNIVERSITY PARK AND RESEARCH CENTER PARTNERS AT APPROXIMA TEL Y 6:45 P.M. At 6:42 p.m., Mayor Cox recessed the City Council Meeting for a reception to recognize the University Park and Research Center partners. The Council reconvened at 7:25 p.m., with all Councilmembers present. PUBLIC COMMENTS Parks Pemberton spoke about a recent study by the City regarding Proposition E, stating that conducting the study was wrong. He asked that the politics stop and the community be represented as a whole. Page 4 - Council Minutes / -- .~ / May 20, 2008 DR.A.FT PUBLlC COMMENTS (Continued) Peter Walry, Chula Vista resident, referenced a controversial growth management initiative in the City of San Marcos that would require a vote by the public to change most land use designations in the City's General Plan. He cited a quotation by San Marcos Mayor Desmond regarding the City's inability to use public funds to campaign against the initiative. Mr. Watry questioned how Chula Vista could use public funds to campaign against Proposition E. Connie Mihos, Chula Vista resident, expressed concern that elected leaders and Third A venue businesses participated in the "No on E" campaign, which she stated had made malicious attacks against Earl Jentz. Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association, agreed with Ms. Mihos, and stated that the campaign created animosity. She also stated that the City's perrnitting and business license process was cumbersome, and spoke of the need for a small business support system by the City. Deputy Mayor Rindone suggested Ms. Acerro contact the Chamber of Commerce, which could assist small businesses. ACTION ITEMS (continued) 9. CONSIDERATION OF AMENDMENT TO TITLE 9 OF THE CHULA VISTA MUNICIPAL CODE TO ADD A CHAPTER PROHIBITING THE RETAIL SALE AND/OR DISTRIBUTION OF NOVELTY LlGHTERS The City must continue to address our nation's fire problem. A ban on the sale of novelty lighters will produce an immediate measurable effect in the reduction of property loss caused by fires, deaths, and injuries - especially to children. A "Nationwide Call to Action" began years ago and must carryon today. In 2006, the National Fire Protection Association published that 1,642,500 fires were reported in the United States, up 3% from 2005; that equated to 3,245 civilian fire deaths, 16,400 civilian fire injuries, $11.3 billion in propelty damage, and 89 firefighter deaths. Adoption of the ordinance will assist in the reduction of fire incidents within our City. (Interim Fire Chief). Interim Fire Chief Geering introduced Fire Marshal Gipson and Jim Floros, Executive Director, San Diego Bum Institute. Chief Geering then presented the scope and background of the prohibition of sale and/or distribution of novelty lighters. Mr. Floros addressed the issues associated with the sale and distribution of novelty lighters, providing examples of the potential hazards, and spoke about children being attracted to the lighters, and the potential danger to them. Derrick Roach, Chula Vista resident, thanked the Council for its previous action in approving the University Land Offer Agreement, then withdrew his opposition to the proposed ordinance and gave his support for the item. Page 5 - Council MlTIutes , .- j -- ::':~I I May 20, 2008 DR.-'\FT ACTION ITEMS (Continued) Councilmember Castaneda spoke of the need for public outreach and education on the dangers associated with novelty lighters, and suggested working with the Chamber of Commerce and the Neighborhood Market Association to get the word out. Deputy Mayor Rindone asked staff whether a plan existed to address code violations by vendors at special events. Chief Geering responded that fire inspectors were present at most events to look for tire code violations. Additionally, the Fire Department would be partnering with the Police Department for additional enforcement. Deputy Mayor Rindone asked, and staff confirmed, that School Resource Offices would also be included in the enforcement task force, both at the elementary and secondary school levels. Councilmember Ramirez asked whether or not staff had considered a buy-back program on novelty lighters. Interim Fire Chief Geering responded that such a program had not been considered, but was something that staff could discuss. ACTION: Councilmember Castaneda moved to place the following ordinance on first reading, heading read, text waived: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 9 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING CHAPTER 9.23, SECTIONS 9.23.010 THROUGH 9.23.060 TO PROHIBIT THE SALE AND/OR DISTRIBUTION OF NOVELTY LIGHTERS (FIRST READING) Councilmember Ramirez seconded the motion and it carried 5-0. Mayor Cox also suggested outreach on the issue through the League of California Cities, Southern Division. OTHER BUSINESS 10. CITY MANAGER'S REPORTS City Manager Garcia noted that in response to a prior Council referral, an inventory of City- mvned property and disposition recommendations from staff had been distributed to the Council. II. MAYOR'S REPORTS Mayor Cox thanked and commended Councilmember Ramirez for his organizali..n and kick-off of the International Friendship Games. She announced the success of the recent Eastlake Cycle event, benefiting the Eastlake Educational Foundation. She spoke about the conclusion of the Citizens Leadership Academy II program, with a combined total of 60 community members who' participated in the first and second Leadership Academies. She also spoke about the recent land offer agreement, stating that it would provide an extraordinary opportunity for Chula Vista. Page 6 - Council Minutes ., May 20, 2008 DRAFT 12. COUNCIL COMMENTS Councilmember Ramirez spoke about the success of the recent International Friendship Garnes, thanked Mayor Cox for her attendance at the event, and stated that it provided an opportunity to showcase the City as an international destination, and an opportunity for local youth to experience the Olympic Training Center. He stated that plans were underway for a second International Friendship Games. He spoke with respect to a recent Council referral and subsequent special study about Proposition E, clarifying that it was not his referral, and that he would have spoken against the referral. He recently attended a Mastering Negotiations class in Boston, stating that he would be sharing what he learned with City staff. Mayor Cox clarified that the Council referral to staff regarding Proposition E, was from the Legislative Subcommittee and was conducted during a regular Council Meeting with all Councilmembers present. Councilmember Castaneda spoke about his recent visit to Castle Park High School to observe a design course program for students, supported by Vera Howell, in conjunction with Turner Construction, which offered students the opportunity to learn design skills. He recognized Ms. Howell and the students on a job well done. He announced the upcoming free Music in the Park summer concert series commencing June 8th, and he encouraged the community to access the City's web site for a schedule of events. With respect to Council referrals to staff, Councilmember Castaneda requested that City Manager Garcia bring back suggestions to create a policy to address how direction given from the Council is conveyed to staff, and how decisions are made to expend funds. City Manager Garcia responded that he welcomed the opportunity to bring back a policy on Council referrals. Councilmember McCann congratulated the Eastlake Educational Foundation on the success of the recent cycle event. He hoped everyone would take the time to honor veterans on Memorial Day on May 26'\ and invited all to attend the services at Chapel of the Roses at Glen Abbey or the VFW. Deputy Mayor Rindone announced that at a recent meeting of the San Diego Association of Governments (SANDAG) Transportation Committee meeting, for which he is a member, he made a motion, with unanimous support from the Committee members, to support SANDAG's recommendation to go forward in applying for state funding for grade separation of the E and H street trolley stations, which would significantly improve transportation in the City. He stated that he would be making an announcement regarding the San Diego Junior Theatre at the May 27th Council Meeting. At 8:24 p.m., the Council convened in Closed Session. CLOSED SESSION 13. PUBLIC EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: City Attorney No reportable action was taken on this item. Page 7 - Council Minutes / r--'/ " / ; May 20, 2008 DRAFT CLOSED SESSION (Continued) 14. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) 2 cases No reportable action was taken on this item. 15. PUBLIC EMPLOYEE DISCIPLINEIDISMISSALlRELEASE PURSUANT TO GOVERNMENT CODE SECTION 54957 No reportable action was taken on this item. ADJOURNMENT At 11 :55 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of May 27, 2008 at 6:00 p.m. in the Council Chambers. . Lorraine Belmett, CMC, Deputy City Clerk Page 8 - Council Minutes ,,~ /-6 May 20, 2008 CITY COUNCIL AGENDA STATEMENT :sWf:. CITY OF ~CHULA VISTA ITEM TITLE: SUBMITTED BY: JUL Y 8 2008, Item i-:<.. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN THIS CITY ON JUNE 3, 2008, DECLARING THE RESULTS THEREOF, Al'iD SUCH OTHER NLUTERS AS ARE PROVIDED BY LAW B. RESOLUTION OF THE CITY COlJNCIL OF THE CITY OF CHULA VISTA Atv!ENDING RESOLUTION NO. 2008-016; CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 4,2008, TO INCLUDE A SPECIAL RUNOFF ELECTION TO ELECT TWO MEMBERS OF THE CITY COUNCIL, PURSUANT TO THE CHULA VISTA CHARTER C. RESOLUTION OF THE CITY COUNCIL OF. THE CITY OF CHOLA VISTA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AT A SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 4, 2008 Donna Norris, CMC, Interim City Clerk 4)( 4/5THS VOTE: YES D NO ~ SUMMARY The Registrar of Voters has transmitted the certified results of the General Municipal Election held on June 3, 2008. Elections Code Section 10262(b) requires the City Clerk, as the City elections official, to certify the results of the election to the City Council, whic..b. shall adopt a resolution reciting the fact of the election. Adoption of the resolutions declares the results of the General Municipal Election, gives notice of the upcoming Special Municipal Election, and adopts regulations pertaining to materials prepared by candidates and the associated costs. 2-1 - , JUL Y 8, 2008, Item~ Page 2 of3 ENVIRONMENTAL REV1EW The Environmental Review Coordinator has reviewed the proposed aCtlVlty for compliance with the California Environmental Quality Act (CEQA) a,'ld has determined that the activity is not a "Project" as defIned \mder Section 15378 of the State CEQA Guidelines because it does not involve physical changes to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDA nON Council adopt the resolutions. BOARDS/COM..MISSION RECOMMENDA nON Not Applicable. DISCUSSION The General Municipal Election was held on June 3, 2008 to select two members of the City Council to fill Seats 3 and 4, for full terms commencing in December 2008; and to submit one citizen-initiated ballot measure (Proposition E) to the electorate. The certitled results of the June 3, 2008 election have now been received from the Registrar of Voters, and the results are as follows: Total Number of Registered Voters: 96,102 Total Number of Votes Cast: 26,716 (27.8%) Number of Percentage of Votes V otes Cast COUNCIL SEAT #3 Russ Hall 11262 46.18% I Pamela Bensoussan 8942 36.67% Devorma Almagro 4112 I 16.86% I I I COUNCIL SEAT #4 I I Scott Vinson 7979 3 1. 90% Steve Castaneda 7911 I 31.62% Patricia (Pat) Aguilar I 5544 I 22.16% I Pat Moriarty I 3539 I 14.15% I Proposition E NO I 13100 51.38% Building Heights YES I J?397 48.62% I Since no candidate received fifty percent plus one vote in the General Municipal Election, the Charter requires that a runoff election be conducted between the two candidates who received the highest number of votes for each seat. The Charter also requires that municipal elections be scheduled in conjunction 'Ovith statewide elections, and the next statewide general election ",ill be held on Tuesday, November 4, 2008. 2-2 ~ JUL Y 8, 2008, Item"'( Page 3 of3 Resolution No. 2008-016 was adopted on January 15, 2008, calling an election on November 4, 2008 for the purpose of submitting a citizen-initiated ballot measure. It is necessary to amend the resolution to include the runoff election for the two City Council seats. Section 13307 of the California Elections Code also provides that the local agency must adopt regulations pertaining to the materials prepared by candidates and the associated costs. Historically, the City has allowed candidates to submit statements of qualification of no more u1an 200 words. The estimated cost of a 200-word statement is $794 ($6 per 1,000 registered voters, plus $200 in set-up and translation charges). Candidates who choose to file a candidate's statement will be required to pay $794 as a deposit at the time their statements are filed with the City Clerk. Should the actual cost be less, the balance will be refunded to the candidates; and should the actual cost be more, candidates will be billed for the difference. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(l) is not applicable to this decision. FISCAL IMPACT $120,000 has been budgeted in the 200812009 budget for the election. It is anticipated that the amount budgeted is sufficient. 2-3 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN THIS CITY ON JlTNE 3, 2008, DECLARING THE RESULTS THEREOF, ."v'ill SUCH OTHER MA TIERS AS ARE PROVIDED BY LAW WHEREAS, a general municipal election was held and conducted in the City of Chula Vista, California, on Tuesday, June 3, 2008, as required by law, for the purpose of electing two (2) members of the City Council to Seats 3 and 4 for full terms of four years each, and for submitting one initiative measure (Proposition E) to the electorate; and WHEREAS, notice of said election was duly and regularly given in the time, form, and manner as provided by law; and in all respects said election was held and conducted, and the votes cast at the election received and canvassed, and the returns made and declared, in the time, form, and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in charter cities; and WHEREAS, pursuant to Resolution No. 2008-016 adopted January 15,2008, the election was consolidated with the statewide primary election, and the Registrar of Voters canvassed the returns of said election and has certified the results. The results are received and made a part hereof, attached as Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: SECTION I. There were 110 voting precincts established for the purpose of holding said election consisting of the regular election precincts in Chula Vista as established for the holding of state and county elections. SECTION 2. The number of votes cast in the precincts was 10,371, and the number of vote-by-mail ballots cast was 16,345, making the whole number of votes cast in the City 26,716. SECTION 3. The names of the nominees for Seat 3 were Russ Hall, Devonna Almagro, and Pamela Bensoussan. SECTION 4. The names of the nominees for Seat 4 were Patricia (Pat) Aguilar, Scott Vinson, Pat Moriarty, and Steve Castaneda. SECTION S. The measure voted upon at the election was Proposition E (Building Height Limits). 2-4 SECTION 6. The City Council does hereby declare that Russ Hall and Pamela Bensoussan, neither of whom received 50 percent plus one vote of the total votes cast, will face a runoff election for Council Seat 3 on November 4,2008. SECTION 7. The City Council does hereby declare that Scott Vinson and Steve Castaneda, neither of whom received 50 percent plus one vote of the total votes cast, will face a runoff election for Council Seat 4 on November 4, 2008. SECTION 8. The City Council does hereby declare that a majority of the voters voting on Proposition E, relating to Building Height Limits, did not vote in favor of it, and that the measure was not carried, and shall not be deemed adopted. SECTION 9. The number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates, and for and against Proposition E, are listed in Exhibit A, attached. SECTION 10. The City Clerk shall enter on the records of the City Council of the City of Chula Vista a statement of the results of the election, showing the whole number of votes cast in the City, the names of the persons voted for, for what office each person was voted for, and the number of votes given in the City to each person and to Proposition E. Presented by Approved as to form by ~'Qi,~\~\~~~ Bart Miesfeld, Interim City Attorney Donna Norris, Interim City Clerk 2-5 Ex!,,; 10; + ..1 CERTIFICATE STATE OF CALIFORNIA 1 rss COUNTY OF SAN DIEGO J I, Deborah Seiler, Registrar of Voters for the County of San Diego, do hereby certify that I have conducted the official canvass of the returns from the Direct Primary Election held on June 3, 2008, in the County of San Diego. The following is a statement of the results showing the total number of ballots cast, the total number of votes for each candidate and the total number of votes in favor of and against each proposition. Witness my hand and official seal this 30th day of June, 2008. ~~R Registrar of Voters 2-6 2-7 COUNTY OF SAN DIEGO Date:06l30/08 DIRECT PRIMARY ELECTION Time:08:18:31 Tuesday, June 3, 2008 Page:20f9 Official Results (San Diego County Portion Only) #]4 Final Registered Voters 1369496 - Cards Cast 465489 33.99% Num. Report Precinct 1893 - Num. Reporting 1893 100.00% U.S. REPRESDITATlVE REP STATE .A.SSEMBL Y REP 53RD DISTRICT - TOlal 66TH DISTRICT - Total Number of Precincts 387 Number of Precincts 58 Precincts Reporting 387 100.0 % Precincts Reponing 58 100.0 % Vole For 1 Vote For I Total Vales 26688 Total Votes 8103 MICHAEL CRIMMINS REP 19819 74.26% KEVIN D. JEFFRIES REF 8035 99.16% NAOMI BAR-LEV REP 6642 24.89% STATE ASSEMBLY DEM U.S. REPRESENTATIVE DEM 66TH DISTRICT - Total 53RD DISTRICT - Total Number of Precincts 58 Number of Precincts 387 PrecincTS Reporting 58 100.0 % Precincts Reporting 387 100.0 % Vote For ] Vote For I Total Votes 2876 Total Votes 49409 GREY K. FRANDSEN DEM 2832 98.47% SUSAN A. DAVIS DEM 43171 87.37% ' MIKE COP ASS DEM 6113 12.37% STATE ASSEMBLY REP 73RD DISTRICT- Total U.S. REPRESENTATIVE LIB Number ofPrecmcts 88 53RD DISTRICT - Total Precincts Reporting 88 100.0 % Number of Precincts 387 Vote For ] Precincts Reporting 387 100.0 % Total Voles 10568 Vote For I DIANE L. IL"'-RKEY REP 7991 75.62% Total Voles 435 MARK C. PATLAN REP 2513 23.78% EDWARD M. TEYSSIER LIB 413 94.94% STATE ASSEMBLY DEM STATE SENATOR REP 73RD DISTRICT - Total 39TH DISTRICT- Total Number of Precincts 88 Number of Precincts 606 Precincts Reporting 88 100.0 % Precincts Reporting 606 100.0 % Vote For I Vote For I Total Votes 7567 T ota! Vates 45474 JUDY JONES DEM 7466 98.67% JEFF PERWlN REP 44906 98.75% STATE ASSEMBLY LIB STATE SENATOR DEM 73RD DISTRICT - Total 39TH DISTRICT - Total Number of Precincts 88 Number of Precincts 606 Precincts Reporting 88 100.0 % Precincts Reporting 606 100.0 %. Vote For 1 Vote For 1 Total Voles 87 Total Votes 71643 ANDREW FAVOR LIB 85 97.70% CHRISTINE KEHOE DEM 70860 98.91% STATE ASSEMBLY REP STATE SENATOR LIB 74TH DISTRICT - Total 39TH DlSTRlCT - Total Nwnber of Precincts 303 Number of Precincts 606 Precincts Reporting 303 100.0 % Precincts Reporting 606 100.0 % Vote For 1 Vote For I Total Votes 31218 T otaI Votes 638 MARTIN GARRICK REP 30945 99.13% JESSE THOMAS LIB 608 95.30% 2-8 COUNTY OF SAN DIEGO Dale:06/30/08 DIRECT PRlMARY ELECTION Time:08: 18:31 Page:30f9 Tuesday, June 3, 2008 Official Results (San Diego County Portion Only) #14 Final Registered V otets 1369496 - Cards Casl 465489 33.99% Num. Report Precinct 1893 - Num. Reponing 1893 100.00% STATE ASSEMBLY DEM STATE ASSEMBLY DEM i4TH DISTRICT- Total i6TH DISTRICT - Tota] Number of Precincts 303 Number of Precincts 286 Precincts Reporting 303 100.0 % Precincts Reporting 286 100.0 % Vote For ] Vote For I Tota] Votes ]9346 Total Votes 3il ]2 BRETT D. MAXFIELD DEM 19090 98.68% LORI SALDANA DEM 36665 98.80% STATE ASSEMBLY LIB STATE ASSEMBLY LIB i4TH DISTRICT - Total i6TH DISTRICT - Total Number of Precincts 303 Number of Precincts 286 Precincts Reporting 303 ]00.0 % Precincts Reporting 286 100.0 % Vote For ] Vote For I Total Votes 252 Total Votes 382 PAUL KING LIB 24i 98.02% DANIEL H. BAEHR LIB 36i 96.0i% STATE ASSEMBLY REF STATE ASSEMBLY REP i5TH DISTRICT- Total iiTH DISTRICT - Total Number of Precincts 354 Number of Precincts 308 Precincts Reporting 354 100.0 % Precincts Reporting 308 lOO.O % Vote For 1 Vote For I Total Votes 35644 Total Votes 35331 NATHAN FLETCHER REP 35332 99.12% JOEL A,'IDERSON REP 35029 99.15% STATE ASSEMBLY DEM STATE ASSEMBLY DEM 75TH DISTRICT- Total 77TH DISTRICT - Total Number of Precincts 354 Number of Precincts 308 Precincts Reporting 354 lOO.O % Precincts Reporting 308 100.0 % Vote For I Vote For I Total Votes 23870 Total Votes 19952 DARREN KASAl DEM 23618 98.94% RAYMOND UITZ DEM 1962i 98.3i% - """"... STATE ASSEMBLY LIB STATE ASSEMBLY LIB 75TH DISTRICT - Total iiTH DISTRICT - Total Number ofPrecmcts 354 Number of Precincts 308 Precincts Reporting 354 100.0 % Precincts Reporting 308 100.0 % Vote For I Vote For I Total Votes 300 Total Votes 256 JOHN MURPHY LIB 294 98.00% RICHARD G. BELITZ LIB 248 96.88% ." --~=, STATE ASSEMBLY REP STATE ASSEMBLY REP 76TH DISTRICT- Total 78TH DISTRICT- Total Number of Precincts 286 Number of Precincts 30i Precincts Reporting 286 100.0 % Precincts Reporting 307 100.0 % Vote For 1 Vote For 1 Total Votes 24594 T ota] Votes 22881 RALPH DENNEY REF 14476 58.86% JOHN MCCA-,,<"N REF 22514 98.40% KIM TRAN REP 9939 40.41 % 2-9 COUNTY OF SAN DIEGO DIRECT PRIMARY ELECTION Tuesday, June 3, 2008 Official Results (San Diego County Portion Only) #14 Final Registered Voters 1369496 - Cards Cast 465489 33.99% STATE ASSElvlBLY DElvl 78TH DISTRICT - Total Number of Precincts 307 Precincts Reponing 307 100.0 % Vote For I Tota! Votes 33192 MARTY BLOCK DElvl 12065 36.35% MAXINE SHERARD DElvl 11544 34.78% AUDA Y ARABO DElvl 4974 14.99% ARLIE RICASA DElvl 4509 13.58% STATE ASSElvlBL Y REP 79TH DISTRICT - Total Number of Precincts 189 Precincts Reporting 189 100.0 % Vote For I Total Votes 10987 DERRICK W. ROACH REP 10816 98.44% STATE ASSElvlBL Y DElvl 79TH DISTRICT - Total Number of Precincts 189 Precincts Reporting 189 100.0 % Vote For I T ota! Votes 20647 MARY SALAS DElvl 17865 86.53% JESSE ALBRITTEN DEM 2718 13.16% REPUBLICAN CENTRAL COMM REP 66TH ASSEMBLY DIST. Total Number of Precincts 58 Precincts Reporting 58 100.0 % Vote For 6 T ota! Votes 32264 JOHN M. PUETZ REP 3875 12.01% RON KINDER REP 3710 1150% CLAJRE PLOTNER REP 3185 9.87% LAURA SUMRALL REP 2951 9.15% KEITH A SIMPSON REP 2776 8.60% STELLA V. YOUNG REP 2708 8.39% KEITH BATTLE REP 2657 8.24% mSTIN LOWELL REP 2588 8.02% JONATHAN E. BUETTNERREP 2353 7.29% DONNA R. THOMPSON REP 2046 6.34% CLIFFORD SUMRALL REP 1845 5.72% JlJDITH L. DOMERCQ REP 1505 4.66% Date:06/30/08 Time:08: 18:3 1 Page:4 of 9 Num. Report Precinct 1893 - Num. Reporting 1893 100.00% DEMOCRATIC CENTRAL COMM DEM 74TH ASSEMBLY DIST. Total Number ofPrecinclS 303 Precincts Reporting 303 100.0 % Vote For 6 Total Votes 70907 FRo\i'lClNE BUSBY DElvl 15706 22_15% JANET MEREDITH DEM 10933 15.42% POppy D. DENNIS DElvl 9516 13.42% K. THOMAS BOSE DElvl 9347 13.18% RICHARD BOV A DEM 9147 12.90% MYRNA BAKER DElvl 8212 11.58% LARRY CUTLER DEM 7794 10.99% REPUBLICAN CENTRAL COMM REP 74TH ASSEMBLY DIST. Total Number of Precincts 303 Precincts Reporting 303 100.0 % Vote For 6 Total Votes 126743 SHERRY M. HODGES REP 16767 13.23% MARK KERSEY REP 16223 12.80% DONALD BURGETT REP 15036 11.86% I>lAAK OLSON REP 13603 10.73% MATTHEW DOBLER REP 13194 10.41% I>lAJtY HUMPHREY REP 12002 9.47% STEPHEN J. PUETZ REP 11545 9.11% THOI>ll\.S J. SHERMAN REP 10649 8.40% MARYROSE CONSIGLIO REP 9468 7.47% CHRISTOPHER W1LLIAMffiEP 7856 6.20% DEMOCRATIC CENTRAL COMM DEM 75TH ASSElvlBL Y DIST. Total Number of Precincts 354 Precincts Reporting 354 100.0 % Vote For 6 Tota! Votes 85872 JENNIFER CAMPBELL DEM 11619 13.53% PHYlliS MC GRATH DEM 10730 12.50% JUDY Kl DEM 10300 11.99% MARY CHRIS.-HEISING DEM 10031 11.68% ADAM D. RICHARDSON DEM 9837 11.46% DEREK CASADY DEM 8017 9.34% PETE BABICH DEM 6673 7.77% GERRY SENDA DEM 6629 7.72% JOHN LEONE DEM 6248 7.28% SAL MAGALLANEZ DEM 5430 632% . 2-10 COUNTY OF SAN DIEGO DIRECT PRIMARY ELECTION Tuesday, June 3, 2008 Official Results (San Diego County Portion Only) #14 Final Oate,06130108 Time,08, IS:J 1 Page:5 of 9 Registered Voters 1369496 - Cards Cast 465489 33.99% Num. Report Precinct 1893 - Num. Reponing 1893 100.00% REPUBLlCAN CENTRAL COMM REP 75TH ASSEMBLY DlST. Total Nwnber of Precincts 354 Precincts Reporting 354 100.0 % Vote For 6 Total Votes 137602 TONYP. KRVARlC REP 15164 11.02% T. J. ZA1''iE REP 13237 9.62% MlCHAEL M. ROSEN REP 12924 9.39% JEFF LAKE REP 12499 9.08% JULIO OEGUZlvlAi'< JR REP 10875 7.90% A.NlHONY L. PORRELLO REP 10747 7.81% DARLENE Hi\..l'lSEN REP 10166 7.39% CHRlS HANSEN REP 9745 7.08% ASHLEY A. ALUlSI REP 9545 6.94% SEAN SANDERS REP 8274 6.01% DIETER H. KUSTER REP 8242 5.99% CLINTON SOFFER REP 5879 4.27% SALLY PROVENCIO REP 5607 4.07% A1U,K A. ARECillGA REP 4312 3.13% -~. REPUBLICAN CENTRAL COMM REP 76TH ASSEMBLY DIST. Total Nmnber ofPreCL'1cts 286 Precincts Reporting 286 100.0 % Vote For 6 Total Votes 90534 JEFF PERWIN REP 11093 12.25% RALPH DENNEY REP 11071 12.23% KUIE F.A.NSEN REP 9536 10.53% KlM TRAc'l REF 9367 10.35% JANELLE A. RJELLA REP 8985 9.92% . JOHN WOODRUM REF 7605 8.40% BRJAN fu"lDERS REP 7321 8.09% ERlCA MENDELSON REP 7095 7.84% MARC P. SCHAEFER REP 5708 6.30% ROBERT SUTTON REP 5468 6.04% JAMES HARTLINE REP 4701 5.19% RYlu'l TRABUCO REP 2207 2.44% DEMOCRATIC CENTRAL COMM DEM 76TH ASSEMBLY DlST. Total Number of Precincts 286 Precincts Reporting 286 100.0 % Vote For 6 Total Votes 113985 GLORIA JOHNSON DEM 16645 14.60% NANCY E. MlLLER DEM 14078 12.35% ELEANOR A. MANG DEM 11 060 9.70% BILL IRVINE DEM 10568 9.27% DANIEL SMIECHOWSKl DEM 10095 8.86% JONATHAN GOETZ DEM 9866 8.66% JESSE DURFEE DEM 876] 7.69% KEVIN E. DAVIS DEM 8687 7.62% FRED ROGERS DEM 8227 7.22% DAVID LUGO DEM 7823 6.86% CARLOS MARQUEZ DEM 7783 6.83% - REPUBLICAN CENTRAL COMM REP 77TH ASSEMBLY DlST. Total Number of Precincts 308 Precincts Reporting 308 100.0 % Vote For 6 Total Votes 137599 JIM KELLY REP 16789 12.20% KEITH BARNETT REP 14581 10.60% RON NEHRING REP 13]55 9.56% RICHARD AUGUSTINE REF 12692 9.21% BILL BABER REF 12372 8.99% DAYNA HYDRICK REP 11839 8.60% . GARY B. MYERS REP !l608 8.44% ARKAl'l SOMO REP 10644 7.74% CLYDE JAEGER REP 9432 6.85% GARY CASS REP 9263 6.73% MA.TT SCHUMSKY REP 8117 5.90% RYA.NP. MULVEY REF 6743 4.90% 2-11 COUNTY OF SAN DIEGO DIRECT PRIMARY ELECTION Tuesday, June 3, 2008 Official Results (San Diego County Portion Only) #14 Final Registered Voters ]369496 - Cards Cast 465489 33.99% DEMOCRA T]C CENTRAL COMM DJ::M 78TH ASSEMBLY DlST. Total Number of Precincts 307 Precincts Reporting 307 100.0 % Vote For 6 Tot3.1 Votes 108389 PATRlCLA. WASHJNGTONDEM 13053 12.04% KATHLEEN E. HA.~'vlON DEM 11353 ]0.94% BONNY LUNDBERG DEM ]1435 10.60% J. ERlC HEREFORD DEM ]0312 9.5]% NORBERTO P. SALAZAR DEM 9500 8.76% EDWARD G. LEHMA}; DEM 7908 7.30% BETTY J. ROBJNSON DEM 7260 6.70% JERl DILNO DEM 7093 6.54% CHRIS PEARSON DEM 6643 6.13% BRANDON TATE DEM 6456 5.96% . MICHAEL THALLER DEM 6381 5.39% CHARLES LATIMER DEM 5116 4.72% AL VILLAMORA DEM 4941 4.56% - .- REPUBLICAN CENTRAL COMlY! 73TH ASSEMBLY DlST. Number of Precincts Precincts Reporting Vote For Total Votes G. MICHAEL GERMAN REP MICHAEL MC SWEENEY REP MARK RAWLINS REP AUTUMN FRANK REP MYSSIE MCCANN REP RJClLA.RD E. PREUSS REP W ARENE WALL REP LORETTAQ.PEER REP REP Tot3.1 307 307 6 86481 130]2 11310 11806 11263 10908 10173 10097 6988 100.0 % ]5.05% ]3.66% 13.65% ]3.02% ]2.61% ] 1.76% 11.68% 8.08% DEMOCRATIC CENTRAL COMM DEM 79TH ASSEMBLY DlST. Total Number of Precincts 189 Precincts Reporting 189 100.0 % Vote For 6 Total Votes 66685 DAVIDA. AL V AR.EZ DEM 9566 14.35% A. SOTELO-SOLIS DEM 9145 13.7]% ALBERTO VELASQUEZ DEM 8668 13.00% . CARROL WAYMON DEM 8384 12.57% CARIDAD SANCHEZ DEM 7321 11.73% KELLY KING DEM 7734 11.60% B. D. HOWARD DEM 7661 11.49% MICHELLE R. KRUG DEM 7467 1l.20% - Dale:06/30/08 Time:08: 18:31 Page:60[9 Num. Report Precinct 1893 - Num. Reporting 1893 100.00% REPUBLICAN CENTRAL COMM REP 79TH ASSEMBLY DlST. Total Number of Precincts 189 Precincts Reporting 189 100.0 % Vote For 6 T otaI Votes 44510 BR.lA..'iA BlLBRA Y REP 6610 14.85% JEAo'l ROESCH REP 6343 ]4.26% RUSS HALL REP 6115 13.74% DOUG MHZ REP 5633 12.66% REUBENJ.A.MESLOWTNGREP 4942 11.1 0% SHERYL J. ROSANDER REP 4735 10.75% DONALD HAMER REP 4094 9.20% CAMJLLE COWLISHA W REP 3409 7.66% JOSEPH HAMER REP 2372 5.33% SUPERJOR COURT - Office No.3 Total Number of Precincts ]893 Precincts Reporting 1893 100.0 % Vote For 1 Total Votes 319963 BLAmE K. BOWMAN 316293 98.85% . SUPERJOR COURT - Office No. ]9 Total Number ofPrecrncts 1893 Precincts Reporting 1893 100.0 % Vote For ] Total Votes 355649 GARRY HAEHNLE 183235 51.52% PAUL E. COOPER 170704 48.00% SUPERJOR COURT - Office No. 45 Tot3.1 Number of Precincts ]893 Precincts Reporting 1893 ]00.0 % Vote For 1 Total Votes 357293 EVAN PATRJCK KJRVIN 201402 56.37% ROBERT FAlGIN 154012 43.11% COUNTY BOARD OF EDUCATION ] ST D1STRJCT Total Number of Precincts 410 Precincts Reporting 410 100.0 % Vote For ] Total Votes 87763 JOHN WJTT 72132 82.19% MICHAEL R. BLOW 15191 17.31% 2-12 COUN j Y OF SAN DIEGO Date:06/30108 DIRECT PRlMARY ELECTION Time:08:18:3] Page:7 of 9 Tuesday, June 3, 2008 Official Results (San Diego County Portion Only) #14 Final Registered Voters 1369496 - Cards Cast 465489 33.99% Num. Report Precinct ]893 - Num. Reporting 1893 100.00% COUNTY BOARD OF SAN DIEGO UNIFIJ:D SCHOOL EDUCATION 2ND DlSTRlCT Total DlSTRlCT D Total Number of Precincts 297 Number of Precincts 95 Precincts Reporting 297 100.0 % Precincts Reporting 95 100.0 % Vote For I Vote For 1 Total Votes 55176 Total Votes 16638 JERRY R. RINDONE 31296 56.72% . RlCHARD BARRERA 16417 98.67% JOSE PRECIADO 20108 36.44% . YURlY P. BlLOKONSKY 3603 6.53% SA,'1 DIEGO UNIFIED SCHOOL DJSTRlCT E Total COUNTY BOARD OF Number of Precincts 99 EDUCATION 4TH DISTRlCT Total Precincts Reporting 99 100.0 % Number of Precincts 387 Vote For 1 Precincts Reporting 387 JOO.O % Total Votes ]7179 Vote For 1 SHEUA JACKSON 9369 54.54 % Total Votes 70208 XENG X. YANG 4190 24.39% ROSE URDAHL 27872 39.70% MARJORlE THOMAS 3587 20.88% MARK C. AATIERSON 25752 36.68% CHUCK TAYLOR 16392 23.35% BOARD OF SUPERVISORS DlSTRlCT NO. J Total SAN DIEGO COMM COLLEGE Number of Precincts 306 DlSTRlCTB Total Precincts Reporting 306 ]00.0 % Number of Precincts 158 Vote For 1 Precincts Reporting J58 100.0 % Total Votes 60383 Vote For 1 GREG COX 44535 73.75% Total Votes 29484 HOWARD JOHNSON 15627 25.88% WILLIAM H. SCHWANDT 16882 57.26% JOHN R. EDWARDS 9IlO 30.90% BOARD OF SUPERVISORS RYANP.MULVEY 34]4 11.58% DlSTRlCT NO.2 Total , -"'~ Nu.'11ber of Precincts 398 SAN DIEGO COMM COLLEGE Precincts Reporting 398 100.0 % DISTRlCT D Total Vote For ] Number of Precincts 122 Total Votes 8999] Precincts Reporting ]22 100.0 % DlA."lNE JACOB 69753 77.5]% Vote For I RUDY REYES 20035 22.26% Total Votes 22398 DWAYNE CRENSHAW 7148 31.9]% BOARD OF SUPERVISORS MARY GRAHAM 6374 28.46% DlSTRlCT NO.3 Total BRENDA CA..MPBELL 6149 27.45% Number of Precincts 454 AUTUMN FRANK 2655 11.85% Precincts Reporting 454 100.0 % Vote For ] SAN DIEGO UNIFIED SCHOOL Total Votes 95565 DISTRlCT A Total PAJvl SLATER-PRICE 67141 70.26% ' Number of Precincts ]42 JOHN V AN DOORN 28199 29.5]% Precincts Reporting 142 100.0 % Vote For J Total Votes 30579 MITZ LEE 18391 60.14% JOHN LEE EVANS ]2082 3951% 2-13 COUNTY OF SAN DIEGO Date:06/30/0S DIRECT PRIMARY ELECTION Tirne:OS: IS:31 Tuesday, June 3, 2008 Page:S ef9 Official Results (San Diego County Portion Only) #14 Final Registered Voters 1369496 - Cards Cast 465489 33.99% Num. Repert Precinct 1893 - Num. Reporting 1893 100.00% CITY OF CEULA VISTA CITY OF SAN DIEGO COUNCIL - SEAT NO.3 Total COUNCIL - DlSTRlCT NO.1 Total Number ofPreclncts 110 Nwnber of Precincts 148 Precincts RepQrting 110 100.0 % Precincts Reporting 148 100.0 % Vote For ] Vote For I Total Vetes 24386 Total Votes 34820 RUSS HALL 11262 46.18% SHERRl S. UGHTNER 12708 36.50% PA"VlELA BENSOUSS."'-'l 8942 36.67% PHIL THALHEIMER 11777 33.82% DEVONNA ALMAGRO 4112 16.86% MARSHALL MERRITlELD 10278 29.52% CITY OF CHULA VISTA CITY OF SA.'l DIEGO COUNCIL - SEAT NO.4 Total COUNCIL - DISTRlCT NO.3 Total Number of Precincts IlO Number of Precincts 86 Precincts Reporting 110 100.0 % Precincts Reporting 86 100.0 % Vote For 1 Vote For I Total Votes 25016 Total Votes 22899 SCOTT VINSON 7979 31.90% TODD GLORLA. 9288 40.56% STEVE CASTANEDA 7911 31.62% STEPHEN WHITBURN 6543 28.57% . PATIUCIAAGUlLAR 5544 22.16% JOHN RA.RTLEY 4018 17.55% PAT MORLA.RTY 3539 14.15% PAUL BROADWAY 1428 6.24% ROBERT E. LEE 840 3.67% CITY OF SAN DIEGO lAMES RA.RTUNE 739 3.23% MAYOR Total Number of Precincts 862 CITY OF SAN DIEGO Precincts Reporting 862 100.0 % COUNCIL - DISTIUCT NO.5 Total Vote For I Number of Precincts 137 Total Voles 215499 Precincts Reporting 137 100.0 ~/Q JERRY SANDERS Il6527 54.07% Vote For I STEVE FRANCIS 73665 34.18% T oml Votes 29496 FLOYD 1.. MORROW 13620 6.32% CARL DE MAIO 1946] 65.98% ERlC M. BIDWELL 8368 3.88% GEORGE GEORGE 9953 33.74% JA.JVffiS B. RA.RT 2392 1.11% CITY OF SAN DIEGO CITY OF SAN DIEGO COUNCIL - DISTIUCT NO.7 Total CITY ATTORNEY Total Number ofPrecmcts 124 Number of Precincts 862 Precincts Reporting 124 100.0 % Precincts Reporting 862 100.0 % Vote For ] Vote For I T olal Votes 29655 Total Votes 212035 APRIL BOLING 13 794 46.51% JAN GOLDSMITH 68326 32.22% MARTI EMERALD 13392 45.16% MICHAEL J. AGUIRRE 61257 28.89% DAVID TOS 1442 4.86% SCOTT PETERS 43295 20.42% BILL DANIEL 1004 3.39% BRLA.N MAlENSCHEIN 26267 12.39% AMY J. LEPINE 12687 5.98% PROP 98 - EMINENT DOMAIN Regulation or Private Property Toml Number of Precincts IS93 Precincts Reporting ]893 100.0 % Vote For I Toml Votes 445732 NO 253134 56.79% YES 192598 43.21% 2-14 COUNTY OF SAN DIEGO DIRECT PRIMARY ELECTION Tuesday, June 3, 2008 Official Results (San Diego County Portion Only) #14 Final Date:06/30/08 Time:08:] 8 :31 Page:9of9 Registered Voters 1369496 - Cards Cast 465489 33.99% Num. Repon Precinct 1893 - Num. Reponing 1893 100.00% PROP 99 - EMINEN'T DOMAIN PROP F - CITY OF ENCINIT AS Owner-Occupied Residence Total 8% Transient Occupancy Tax Total Number ofPrecmcrs 1893 Nwnber of Precincts 48 Precincts Reponing 1893 100.0 % Precincts Reponing 48 ]00.0 % Vote For 1 Vote For 1 Total Votes 442677 Tota] Votes ]0926 YES 249687 56.40% YES 6162 56.40% NO 192990 43.60% NO 4764 43.60% PROP A - CITY OF SAN DIEGO PROP G - CIr" OF ENClNITAS Ch. Amd. Managed Competition Total Req. 2/3 2% Transient Occupancy Total Nwnber of Precincts _ 862 Nwnber of Precincts 48 Precincts Reporting 862 100.0 % Precincts Reponing 48 100.0 % Vote For I Vote For ] Total Votes 19]494 Total Votes ]0952 YES 130108 67.94% YES 7117 64.98% NO 61386 32.06% NO 3835 35.02% PROP B - CITY OF SAN DIEGO PROP H - OCEANSIDE UNIFIED Ch. Amd. Strong Mayor Total SCH (Req.55%) $195 Million Bond Total Number of Precincts 862 Number of Precincts 57 Precincts Reporting 862 100.0 % Precincts Reporting 57 ]00.0 % Vote For ] Vote For 1 Total Votes ]93559 Total Votes 15366 YES 148672 76.8]% YES 10952 7l.27% NO 44887 23.19% NO 44]4 28.73% PROP C - CITY OF SAN DIEGO ClL Amd. Financial Offices Total Number of Precincts 862 Precincts Reporting 862 100.0 % Vote For ] Total Votes 193745 YES 122065 63.00% NO 71680 37.00% PROP D - CITY OF CARSLBAD Adoption of City Chaner Total Number of Precincts 67 Precincts Reporting 67 100.0 % Vote For 1 Total Votes 17287 YES 14238 8236% NO 3049 ]7.64% PROP E - CITY OF CHULA VISTA Bui]ding Height Limits Total Number of Precincts 110 Precincts Reporting 110 100.0 % Vote For I Total Votes 25497 NO 13100 51.38% YES 12397 48.62% 2-15 COuNTY OF SAN DIEGO Date;06/30/08 DIRECT PRlMARY ELECTION Time; I 0;57 ;37 Tuesday, June 3, 2008 Page: 1 of 45 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3 4 , . TUR.."'10UT Reg. Voters Cards Cast % Turnout Jurisdiction Wide 525100~CHULA VISTA Polling 1105 106 9.59% Mail ! 105 138 12.49% Total 1105 244 22.08% 525300-CHULA VISTA Polling Hl98 129 11.75% Mail 1098 174 !5.85% Total 1098 30J 27.60% 525500.CHULA VISTA Paning 939 147 15.65% Maii 939 205 21.830/, Total 939 352 37.490/. 525600.CHULA VISTA Polling 1169 183 15.650/, Mail 1169 245 20.96% Tobi 1169 428 36.61% 52570Q-CHULA VISTA Polling 30\ 45 14.95% Mail 301 154 51.16% Total 301 199 66.11% 52581 O-CHULA VISTA Poiling 1128 160 14.18% Mail 1128 204 18.09% Total 1128 364 32.27% 526100.CHULA VISTA Polling 1290 144 lU6% Mail 1290 291 22.56% Total 1290 435 33.72% 526400-CHULA VISTA PaHing 862 101 11.72% Mail 862 147 17.05% Total 862 248 28.77% 526410-CHULA VISTA Polling 368 69 18_75~ Mail 368 71 19.29"1( Total 368 140 38.040/, 526500.CHULA VISTA Polling 1064 141 13.250/1 Mail 1064 225 21.15o/, Total 1064 366 34.40~ 526700-CHlJLA VISTA Polling 852 118 13.850/, Mail 852 196 23.00% Total 852 314 30.85",0' 526710-CHULA VISTA Polling 549 65 11.840/( Mail 549 143 26.05% Total 549 208 37.890/, 526900-CHULA VISTA Polling Hl53 105 9.970/, Mail 1053 191 18.14% Total 1053 296 28.110/, 527200-CHULA VISTA Polling 624 35 5.61% Mail 624 n 11.54"10 Total 624 107 I7.l5% 527800-CHULA VISTA Poning 762 130 17.060/, Mail 762 153 20.08% Total 762 283 37.14"/0( 2-16 COUNTY OF SAN DIEGO Oale:06130/08 DIRECT PRIMARY ELECTION Time: I 0:57:37 Page:2 of 45 Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3, 4 TURN OUT Reg. Voters Cards Cast % Turnout 528000-CHULA VISTA PoJling 1094 141 12.390/< Mail 1094 231 '1.120/< Total L094 372 J4.00~1 528100-CHULA VISTA Polling 595 75 12.61% Mai! 595 88 14.79~1 Total 595 163 27.390/. 528200-CHULA VISTA Polling 382 55 14.400/, Mail 382 84 21.99% Total 382 139 36.390/. 528500-CHULA VISTA Polling 932 172 13.45% Mail 93:2 196 21.030/, Total 932 368 39.480/, 528800-CHULA VISTA Polling 659 101 15.330/. Mail 659 166 25.190/, Total 659 267 40.520/. 528820-CHULA VISTA Polling 648 66 10.190/. Mail 648 95 14.660/, Tota! 648 161 24.85% 528900.CHULA VISTA Polling 573 68 11.870/. Mail 573 163 28.45% Total 573 231 40.31% 52891O-CHULA VISTA Polling 1174 142 12.10~/ Mail II 74 26] 22.23% Total 1174 403 34.33% 52892O-CHULA VISTA Polling lISI 149 12.62% Mail 1181 252 21.34% Total 1181 40] 33.950/. 528940-CHULA VISTA Polling 1240 124 10.000/. Mail 1240 220 17.74% Total 1240 344 27.74% 528960-CHULA VISTA Polling 1025 133 12.98~/. Mail 1025 146 14.24% Total 1025 279 27.220/. 528970-CHULA YIST A Polling 1166 1]1 9.52% Mail 1166 ]90 16.30% Total 1166 301 25.81% 52900O-CHULA VISTA Polling 489 ]0] 20.65% Mail 489 110 22.49% Total 489 211 43.15% 529100-CHULA VISTA Polling 1091 209 19.16% Mail 1091 286 26 "10/. Total 1091 495 45370/. 529300-CHULA VISTA Polling 980 132 13.47% Mail 980 2t3 21.73% T 0_ 0_ " .otal 529500-CHULA \fISTA 980 ~4:: .).).20/1 2-17 COUNTY OF SAN DIEGO Oare:06130/08 DIRECT PRIMARY ELECTION Time: 10:57:38 Tuesday, June 3, 2008 Page:3 of 45 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3, 4 TURN OUT Reg. Voters Cards Cast % Turnout Polling 418 40 9.57"1< Mail 418 73 17.46% Total 418 113 27.03% 529510-CHULA VISTA Polling 816 95 11.64% Mail 816 107 13.llY Total 816 202 24.750/, 529520-CHULA VISTA Polling 1238 121 9.77% Mail 1238 180 14..54% Total 1238 301 24.31% 529600.CHULA VISTA Polling 555 64 11.53% Mail 555 116 20.90% Total 555 180 32.43% 529700-CHULA VISTA Polling 967 87 9.000/, Mail 967 119 12.31"1 Total 967 206 21.30% 529900-CHU'LA VrST A Polling 899 101 11.23% Mail 899 110 1224% Total 899 211 23.47% 530110-CHULA VISTA Polling 898 117 13.03% Mail 898 171 19.04% Total 898 288 32.07% 530200-CHULA VISTA Polling 860 127 14.770/. Mail 860 149 17.33% Total 860 276 32.09%: 530400-CHULA VISTA Polling 903 93 10300/< Mail 903 192 21.260/, Total 903 285 31.56% 530S00-CHULA VISTA Polling 564 107 18.970/. Mail 564 94 16.67% Total 564 201 35.64,}; 530510-CHULA VISTA Polling 1043 12! 11.60% Mail 1043 172 16.49% Total 1043 293 28.09'X 530700-CHULA VlST A Polling 703 97 13.80% Mail 703 115 Hi.36% Total 703 212 30.l6'X 53071 O-CHliLA VISTA Polling 643 94 14.61'X 'M:ail 643 104 16.17% Total 643 198 30.79'?' 53100o..CHlH..A \!ISTA Polling 1063 101 9.50'}' Mail 1063 220 20.70% Total 1063 321 30.20% 53109o..CHli"LA VISTA Polling 1090 125 11.47% Mail 1090 190 r7.43% Total 1090 315 28.90o/j 531110-CFf(JLA VlSTA Polling 1029 110 10.69% 2-18 COUNTY OF SAN DIEGO D'le:06/30/08 DIRECT PRIMARY ELECTION Time: I 0:57:38 Page:4 of 45 Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3, 4 TURJ>i OUT Reg. Voters Cards Cast % Turnout Mail l029 205 19.92% Total 1029 3i5 30.6lo/, 531200-CHULA VISTA Polling 426 61 14.32~1 Mail 426 102 23.9d~1 Total 426 163 38.26% 53 1 390-CHULA VISTA PolIing 1067 136 12.75~' Mail 1067 203 19.030/< Total 1067 339 31.770/1 53140Q-CHULA VISTA Polling 651 7J 11.2]0/, Mail 651 74 11.37% Total 651 147 22.58% 531i20-CHULA VISTA Polling 1297 122 9.41% Mail 1297 182 14.03~1 Total 1297 304 23.44% 53174Q.CffiJLA VISTA Polling 943 76 8.06% Mail 943 151 16.010/, Total 943 227 24.070/, 531830~CHULA VISTA Polling 614 8& 14330/, Mail 614 llJ 18.400/, Total 614 201 32.74% 53 I 860-CHULA VISTA poning 558 47 8.42'% Mail 55& llJ 20.25% Total 55& 160 28.67% 531870-CHU"LA VISTA Polling 1305 133 IO.l9'X Mail 1305 180 13.79% Total 1305 313 23.98% 531880-CHULA VISTA Polling 627 33 526% Mail 6"7 75 11.96% Toul 627 108 17.22% 53 1 890-CHULA VISTA paning 814 32 3.93% !\.{ail 814 71 8.72% Total &14 103 12.65% 531900-CHULA VISTA Polling 1186 128 10.790/. Mail 1186 225 18.97% Total 1186 353 29.76% 53l930-CHULA VISTA Poiling 1450 95 6.55% Mail 1450 296 20.4J% Total 1450 391 26.97% 53194O-CHULA VISTA Polling 905 71 7.85% Mail 905 166 18.34% Total 905 237 26.19% 531950-CHULA VISTA Polling 804 71 8.83% Mail 804 86 10.70% Total 804 157 19.53% 53210Q-..CHULA VISTA Polling 981 120 12.23% Mail 9&1 190 1937% 2-19 COUNTY OF SAN DIEGO Date:06/jO/08 DIRECT PRIMARY ELECTION Timc:IO:57:38 Tuesday, June 3, 2008 Page:5 of 45 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3, 4 TURN OUT Reg. Voters Cards Cast % Turnout Toul 981 310 31.60o/c 532120-CHULA VISTA Polling 593 68 1 !.47% Mail 593 105 17.71% Total 593 17l 2917~~ 532190~CHULA VISTA Polling 316 46 14.560/. Mail 316 40 P.66% Total 316 86 27.22~;' 53220Q-CHULA VISTA Polling 1484 142 9.57~1 Mail 1484 170 11.46% Total 1484 312 21.02% S32290-CHULA VISTA Polling 1112 107 9.62% Mail 1112 134 12.05% Total llll 241 21.67% 53232Q-CffilLA VISTA Polling 1400 95 6.79% Mail 1400 166 11,86% Total 1400 261 18.64% 532330-CHULA VISTA Polling 978 69 7.06% Mail 978 85 8.69% Total 978 154 15.7S~/ 532340.CHULA VISTA Polling 747 88 11.780/. Mail 747 ! 16 15.53% Total 747 204 27.3!"10 532380-CHULA VrSTA Polling 1458 120 8.23% Mail 1458 249 17.03% Total 1458 369 25.310/. 532470-CffULA VISTA Polling 806 59 7.32% Mail 806 99 12_28% Total 806 158 19.60% 53249o-CHULA VISTA Polling 195 74 9.310/< Mail 795 149 18.74% Total 195 223 28.05% 532500-CHULA VISTA Polling 703 90 12.80% Mail 703 141 20.06% Total 703 231 32.86% 532510-CHULA VISTA Polling 599 71 11.85% Mail 599 148 24.71% Total 599 219 3656% 532570-CHill.A VISTA Polling 359 53 14.76% Mail 359 74 20.61% TotaL 359 121 3538% 532580-CHllLA VISTA Polling 504 48 9.52% Mai! 504 77 1528% Total 504 125 24.80% 532600-CHULA VISTA Poiling lO33 101 9.78% Mail 1033 225 21.78% Total I lOll 326 31.56% 2-20 COUNTY OF SAN DIEGO Date:06/30108 DIRECT PRIMARY ELECTION Time: 10:5i:38 Page:6 of 45 Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3, 4 TURN OUT Reg. Voters Cards Cas: % Turnout 5326l0-CHULA VISTA Polling 521 40 7.680/, Mail 521 6& 13.05'l/J Total 521 108 20.73";; 532620-CHULA VISTA Polling 1009 118 !1.690/. Mail 1009 220 2!.30% Total 1009 338 33.500/, 532630-CHULA VISTA Polling 1056 110 IOA2o/c Mail [056 117 11.080/, Total 1056 227 21.500/, 532650-CHl.iLA VISTA Polting 682 68 9.970/. Mail 682 109 15.980/; Total 682 177 25.95";; 532660-CH1.JLA VISTA Polling 962 135 14.030/, . Mail 962 172 l7.SS'X Total 962 307 31.910/, 53270Q-CHULA VISTA Polling 657 98 14.920/. Mail 657 174 26.480/, Total 657 272 41.40'X 53271Q-CHULA VTSTA Polling 821 73 8.89% Mail 821 217 26.43% Tota! 821 290 35.32"1< 532730-CHULA VISTA Polling 726 62 8.54";; Mail 726 162 22.310/, Total 726 224 30.850/. 532770-Cm.TLA VISTA Polling 880 137 15.57% Mail 880 115 13.07% Total 880 252 28.640/. 532790-CHlTLA VISTA Polling 1047 89 8.500/. Mail 1047 183 17.48% Total 1047 272 25.98% 532&20-CHULA VISTA Polling 718 99 13.79% Mail 718 139 19.360/. Total 718 238 33.15% 532830-CHULA VISTA Polling 747 75 10.04% Mail 747 102 13.65% Total 747 177 23.69"/. 532870-CHULA VISTA poning 1414 113 7.99% Mail 1414 164 11.60% Total 1414 277 1959% 532890-CHULA VISTA Polling 816 82 10.050/. Mail 816 131 16.05% Total 816 213 26.10% 532900-CHl..i'LA VISTA Polling 1141 86 754"10 Mail 1141 185 16.21% Total I 1141 271 23.75% 532920~CHUL.A vrST A 2-21 COlTNTY OF SAN DIEGO Date:06130/08 DIRECT PRIMARY ELECTION Time: 1 0:57:38 Tuesday, June 3, 2008 Page:? of 45 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3, 4 TURN OliT Reg. Voters Cards Cast % Turnout Polling 877 90 lO.26~/ Mail 877 85 9.690/. Total 377 175 19.9501< 533010-CHULA VISTA PaUing 419 26 6.210/. Mail 4]9 41 9.79~ Tou! 419 67 l5.99'1i 533020-CHULA VISTA Polling 1305 80 6.130/. Mail 1305 176 13.490/, Total 1305 256 19.620/, 533050-CHULA VISTA Polling 819 83 10.i3o/< Mail 819 II3 13.800/. Total 819 196 23.930/. 533060-CHULA VISTA Polling 118& 116 9.76% Mail 1138 150 12.630/. Tota! II88 266 22.390/. 533080-CHULA VISTA Polling 1347 89 6.610/. Mail 1347 146 10.84% Total 1347 235 l7AS'X 53JlOO-CHULA VlSTA Polling 1406 57 4.05'1l Mail 1406 145 10.31% Total 1406 202 14.37% 533120-CHULA VISTA Polling 1533 68 4.440/. Mail 1533 149 9.72% Total 1533 217 14.16% 537700-CHULA VISTA Polling 1266 139 10.98% Mail 1266 175 13,82% ToW 1266 314 24.80% 53830Q-CHULA VISTA Polling 1052 107 10.17% Mail 1052 168 15.97% ToW 1052 275 26.14% 538410-CHULA VISTA Polling 783 73 9.32% Mail 783 III 14.18% Total 783 184 23.50~1. 53860Q-CHULA VISTA Polling 1116 88 7.89'X Mail 1116 219 19.62% Total 1116 307 27.51% 538810-CHULA VISTA Polling 1201 175 14.57% Mail POI 262 21.82% Total 1201 437 36.39% 539000-CHULA VISTA Polling 1161 140 12.06% Mail 1161 1S6 16.02% Total 1161 326 28.08% 53931 Q-CHULA VISTA Poll-ing 762 81 10.63% Mail 762 91 11.94% Total 762 172 2257"1< 999196-CHULA VlSTA-VBM Polling 0 0 2-22 COUNTY OF SAN DIEGO D.'0:06/30/0S DIRECT PRIMARY ELECTION Time: I 0:57:38 Page:S of 45 Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3, 4 TUR.J'i OUT Reg. Voters Cards Cast % Turnout I Mail 0 0 Tota! 0 0 999202-CHULA V!STA-YBM Polling 7 0 0.000/, Mail 7 2 23Si"A Total 7 2 28.570/. 999209.YBM-A V Polling 0 0 Mail 0 0 10bi 0 0 999137-CHULA VISTA.YBM Polling 66 0 0.000/, Mail 66 36 54.55% Tolal 66 36 54.550/, Total Polling 96102 10371 10.790/. Mail 96102 106145 17.0J% Total 96102 26716 27.800/, COUNTY. WIDE OFFICE COUNTY -WIDE OFFICES ... Polling 96102 10371 10.79"1, . - : "'.~ .. ::--.'''- Mail 9610? 16345 17.01% Total 96102 26716 27.80% Total Polling 96102 10371 10.79% Mail 96102 ]6345 17.010/, Total 96102 26716 27.80% CONGRESSIONAL D!ST'S 2001 51ST CONGRESSIONAL DIST Polling 96102 1'0371 [0.79% Mail 96102 163-:15 17.01% Total 96102 26il6 27.80% Total Polling 96102 10371 10.79% Mail 96102 16345 17.01~ Total 96102 26716 27.80% STATE BOARD OF EQUALIZA nON 3RD BD OF EQUAL DIST Polling 96102 10371 10.79% Mail 96102 16345 17.01% Tota! 96102 26716 27.80% Total Polling 96102 10371 10.79% Mail 96102 16345 17.01% Total 96102 26716 27.80% STATESENATORL.u DIST'S 2QOl 36TH SENATORIAL DIST PoUing 1305 80 6.13% Mail 1305 176 13.49~ Total 1305 256 19.62~ 40TH SENATORlAL DlST Polling 94797 10291 10.86o/c Mail 94797 16169 17.06% Total 94797 26460 27.910/. Total PoUing 96102 10371 10.79% Mail 96102 16345 17.01% 2-23 COUNTY OF SAN DIEGO DOle:06130/08 DIRECT PRlMARY ELECTION Time: 10:57:38 Page:9 of 45 Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3. 4 TURN OUT Reg. Voters Cards Cast % Turnout Total 96102 26716 27.300/. STATE ASSEMBLY DIST'$ 2001 78TH ASSEMBLY DIST Polling 52198 4987 9.550/. Mail. 52198 3289 15.380/. Total 52198 13276 25.43% 79TH ASSEMBLY DIST Polling 43904 5384 12.26"1. Maii 43904 8056 18.35% Total 43904 l3440 30.61% Total Polling 96102 10371 lO.79'X Mail 96102 16345 17.010/. Total 96102 26716 27.80% SUPERVISORIAL DISTRlCTS 2001 1ST SUPERVISORlAL DlST Polling 96102 10371 10.790/, Mail 96102 16345 17.01% Tota! 96102 26716 27.80% Total Polling 96102 10371 10.79% M3il %102 16345 17.01% Total 96102 26716 27.80% INCORP CmES . OVERALL CHULA VIST A 525000~539500 Polliz:g 96102 10371 10.79% Mail 96102 16345 17.01% Total 96102 26716 27.80% Total Polling 96102 10371 10.79% Mail 96102 16345 17.01% Total 96102 26716 27.80% INCORP CITY COll'N"CIL DlST'S 2001 No Matching District Polling 96102 10371 10.79% Mail 96102 16345 17.01% Total 96102 26716 27.80% Total Polling 96102 10371 10.79% Mail 96102 16345 17.01% Total 96102 26716 27.80% 2-24 COUNTY OF SAN DIEGO Date:D6/3D/D8 DIRECT PRIMARY ELECTION Time: ID:57:38 Page: 10 of 45 Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3, 4 CITY OF CHULA VISTA COUNCIL. SEAT NO.3 Rt:g. Voters Vote For TotalVotcs RUSS H.J..LL DEVONNA ALMAGRO Jurisdiction Wide 525 IOO~CHULA VISTA Polling It05 I 96 23 23.96% 27 28.l3% Mail ! 105 I III 47 35.38% 28 21.37% Total 1105 2 227 70 30.84% 55 24.23% 525300-CHULA VISTA Polling 1098 I U5 46 40.00% 24 20.87% Maii 1098 I 158 79 50.00% 22 13.92% Total 1093 ,-- 125 45.79% 46 16.85% - -" 52550Q-CHULA ViSTA Polling 939 I 118 53 38.41% 16 11.59% Mail 939 I 184 56 30.43% 28 15.22% Total 939 2 312 109 33.85% 44 13.66% 525600-ClillLA VISTA Polling 1 {69 I 168 78 46.43% 14 8J3% Mail 1169 I 228 ll6 50.88% 21 9.21% Total il69 2 396 194 48.99% 35 8.84% 52570Q-CHULA VISTA Polling 301 I 35 26 74.29% 2 5.71% Mail 30l 1 124 62 50.00% II 10.48% ToW 301 2 159 88 5::..35% 15 9.43% 52581O-CHULA VISTA PoUing 1128 I 144 58 40.28% 24 16.67% Mail 1128 I 192 93 48.44% 31 16.15% Total 1128 2 336 151 44.94% 55 16.37% 526 tQO-CHULA VISTA Potling 1290 I 134 57 42.54% 23 17.16% Mail 1290 1 265 J06 40.00% 36 13.58% Total 1290 2 399 163 40.85% 59 14.79% 526400-CI-IULA VISTA Polling 862 . I 94 40 42.55% 15 15.96% Mai! 862 I 136 46 33.82% 30 22.06% Total 862 2 230 86 3739% 45 19.57% 526410-CfIULA VISTA Polling 368 1 61 18 29.51% II 18.03% Mail 368 I 69 26 37.68% 14 20.29% Total 368 2 130 44 33.85% 25 19.23% 526500-CHULA VISTA Porting 1064 I 128 67 52.34% 16 12.50% Mail 1064 I 216 III 51.39% 31 14.35% Total 1064 2 344 178 51.74% 47 13.66% 526700-CHULA VISTA Polling 852 1 112 53 47.32% 8 7.14% Mail 852 I 189 102 53.97% 14 7.41% Total 852 2 301 155 51.50% 22 7.31% 5267l O-CHULA VISTA Polling 549 1 59 30 50.85% 11 18.64% Mail 549 I 136 75 55.15% II 8.09% Total 549 2 195 105 53.85% 22 11.18% 526900-CHULA VISTA Polling 1053 I 97 38 39.18% 23 23.71"10 Mail 1053 I 171 76 44.44% 29 16.96% Total 1053 2 268 114 42.54% 52 19.40% 527200-cHULA VlST A Polling 624 1 32 6 18.75% 9 28.13% Mail 624 1 70 26 37.14% 13 18.57% Total 624 2 102 32 31.37% 22 21.57% 527800-CHULA VISTA PoUing 762 1 117 59 50.43% 15 12.82% Mail 762 I 134 75 55.97% 9 6.72% Total 762 2 251 134 53.39% 24 9.56% 2-25 COUNTY OF SAN DIEGO Date:06/30/08 DIRECT PRlMARY ELECTION Time: 1 0:57:38 Tuesday, June 3, 2008 Page: 11 of 45 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3, 4 CITY OF CHVLA VISTA COUNCIL ~ SEAT NO.3 Reg. Voters Vote For Total Votes RUSS HALL DEVON'NA ALMAGRO 528000-CHULA VISTA Polling 1094 I 129 58 44.96% 19 14.7]% Mail L094 I 205 96 46.83% 33 16.10% Total 1094 2 334 154 46.11% 52 15.57% 528100.CHULA VISTA Polling 595 I 71 23 32.39% 13 18.31% Man 595 1 84 35 41.67% 19 22.62% Total 595 2 155 58 37.42% 32 20.65% 528200-CHULA VISTA Polling 382 1 51 17 33.33% 12 23.53% Mail 332 1 78 33 42.31% 10 12.82% Total 381 2 129 50 38.76% 22 17.05% 528500.CHULA VISTA Polling 932 I 160 80 50.00% 15 9.38% Mail 932 I 182 91 50.00% 14 7.69% Total 932 2 342 171 50.00% 29 8.48% 52880Q-CHULA VISTA Polling 659 1 89 44 49.44% 9 1O.1l% Mail 659 1 150 86 57.33% 10 6.67% Total 659 2 239 130 54.39% 19 7.95% 528820-CHULA VISTA Polling 648 I 60 20 33.33% 14 23.33% Mail 648 I 80 40 50.00% 6 7.50% Total 648 2 140 60 42.86% 20 14.29% 5289QO-CHULA VISTA Polling 573 I 57 32 56.14% II 19.30% Mail 573 1 149 86 57.71% 18 12.08% Total 573 2 206 118 57.28% 29 !4.08% 528910-CHlJLA VISTA Polling 1174 1 130 59 45.38% 18 13.85% Mail 1174 I 231 110 47.62% 27 11.69% Total 1174 2 361 169 46.81% 45 12.47% 528920-CHULA VISTA Polling 1181 t 134 60 44.78% 29 21.64% Mail 1181 I 230 112 48.70% 39 16.96% Total 1181 2 364 172 47.25% 68 18.68% 52894Q-CHULA VISTA Polling 1240 1 III 49 44.14% 16 14.41% Mail 1240 1 202 84 41.58% 39 19.31% Total 1240 2 313 133 42.49% 55 17.57% 528960-CHULA VISTA Polling 1025 1 121 52 42.98% 20 16.53% Mail 1025 1 134 43 32.09% 34 25.37% Total 1025 1 255 95 3725% 54 21.18% 528970-CHULA VISTA Polling 1166 I 98 45 45.92% 19 19.39% Mail 1166 I 172 77 44.77% 29 16.86% Total 1166 2 270 122 45.19% 48 17.7.8% 529000~CHULA VISTA Polling 489 I 95 57 60.00% 8 8.42% Mail 489 I 104 60 57.69% 9 8.65% Total 489 2 199 117 58.79% 17 8.54% 529100-CHULA VrST A Polling 1091 t 197 t26 63.%% 16 &.12% Mail 1091 1 259 154 59.46% 20 7.72% ToW 1091 2 456 280 61.40% 36 7.89% 529300-CHULA VISTA Polliog 980 124 .67 54.03% 13 10.48% Mail 980 199 133 66.83% 13 6.53% Total 980 323 100 61.92% 26 8.05% 52950Q-CHULA VISTA 2-26 COUNTY OF SAN DIEGO Dalc:06130/0S DIRECT PRlMARY ELECTION Time: 10:57:38 Page:120[45 Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3, 4 CITY OF CHULA VISTA COUNCIL - SEAT NO. J Reg. Voters Vote For Total Votes RUSS HALL DEVONNA ALMAGRO , Polling Mail 418 418 ,7 70 15 40.)4% 34 4& 57% 7 :8.92% 1l 1571% Total 418 2 107 49 45.79% 18 16.82% 529510-CHULA VISTA Polling 816 I 88 38 43.18% 12 13.64% Mail 816 I 102 52 50.98% 22 21.57% Total 816 2 190 90 47.37% 34 17.89% 529520~CHULA VISTA Polling 1238 1 113 33 29.20% 19 16.81% Mail 1238 1 169 73 43.20% 29 17.16% Total 1238 2 282 106 37.59% 48 17.02';'(, 529600-CHULA VlSTA Polling 555 I 59 23 38.98% 15 25.42% Mail 555 1 112 62 55.36% 17 15.13% Total 555 2 171 85 49.71% 32 18.71% 52970Q-CHULA VISTA Polling 967 I 82 28 34.1.5% 16 19.51% Mail 967 1 112 36 32.14% 26 23.21% Total 967 2 194 64 32.99% 42 21.65% 529900.CHULA VISTA Polli..'"lg 899 1 97 25 25.77% 17 17.53% Mail 899 I 101 35 34.65% 27 26.73% Total 899 2 198 60 30.30% 44 22.22% 53011O-CHULA VISTA Polting 898 1 II3 50 44.25% 21 18.58% Mail 898 1 152 87 57.24% 22 14.47% Total 898 2 265 137 51.70% 43 16.23% 530200-CHULA VISTA Polling 860 1 123 70 56.91% [6 13.01% Mail 860 I 139 79 56.83% 18 12.95% Total 860 2 262 149 56.87% 3. 12.98% 530400-cm.n.,A VISTA Polling 903 I 87 50 57.47% 10 1!.49% Mail 903 I 178 104 58.43% 12 6.74% Total 903 2 265 154 58.11% 22 8.30% 530500-CHULA VISTA Polling 564 I 101 52 51.49% 18 17.82% Mail 564 I 91 51 56.04% 14 15.33% Total 564 2 192 103 53.65% 32 16.67% 530510-CHULA VISTA Polting L043 I 107 50 46.73% 17 15.89% Mail 1043 I 154 93 60.39% 23 14.94% Tota! 1043 2 261 143 54.79% 40 15.33% 530700-CHULA VISTA Polling 703 1 91 35 38.46% 16 17.53% Mail 703 1 108 54 50.00% 19 17.59% Total 703 2 199 89 44_72% 35 17.59% 53071 O-CHULA VISTA Polling 643 1 90 39 43.33% 19 21.11% Mail 643 I 97 47 48.45% 16 16.49% Total 643 2 187 86 45.99% 35. 18.72% 53100Q-CHULA VISTA Polling 1063 I 98 31 31.63% 19 19.39"/.. Mail 1063 I 21I 92 43.60% 41 19.43% Total 1.063 2 309 123 39.81% 60 19.42% 531090-CHVLA VISTA paning 1090 1 114 37 32.46% 30 26.32% Mail 1090 1 177 78 44.07% 30 16.95% Total 53 I llO-CHULA VISTA poning 1090 2 291 115 39.52% 60 20.62% 1029 108 41 37.96% 18 16.67% 2-27 COUNTY OF SAN DIEGO Oate:06/30108 DIRECT PRIMARY ELECTION Time:lO:57:38 Page: 13 of 45 Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3, 4 CITY OF CHULA VISTA COUNCIL. SEAT NO.3 Rt:g. Voters Vote For Total Votes RUSS HALL DEVONNA ALMAGRO Mail 1029 1 135 91 49.19% 25 13.51% Tota! 1029 2 293 132 45.05% 43 14.68% 53120Q.CHl..rLA VISTA Polling 426 ! 60 37 61.67% II 18.33% Mail 426 I 96 58 60.42% 18 18.75% Total 426 2 156 95 60.90% 29 18.59% 531390.CHlJLA VISTA Polling 1067 I 121 44 36.36% 26 21.49% Mail 1067 I 189 80 42.33% 38 20.11% Total 1067 2 310 124 40.00% 64 20.65% 53140Q-CHULA VISTA Polling 651 I 71 22 30.99% 19 26.76% Mail 651 I 71 2J 32.39% 19 26.76% Total 651 2 142 45 31.69% 38 26.76% 53 I 72O-CHULA VISTA Polling 1297 1 104 51 49.04% 17 16.35% Mail 1197 I 165 60 36.36% 42 25.45% Total 1297 2 269 III 41.26% 59 21.93% 531740-CHULA VISTA Polling 943 I 73 32 43.84% 16 21.92% Mail 943 1 141 72 51.06% 21 14.89% Total 943 2 214 104 48.60% 37 17.29% 531830-CHULA VISTA Polling 614 I 80 39 48.75% 16 20.00% Mail 614 I 105 52 49.52% 14 13.33% Total 614 2 185 91 49.19% 30 16.22.% 531860-CHULA VISTA Polling 558 I 42 19 45.24% 11 26.19% Mail 558 1 106 48 45.28% 23 ")1.70% Total 558 2 143 67 45.27% 34 22.97% 531870-CHULA VISTA Polling 1305 I 121 56 46.28% 17 14.05% Mail 1305 1 161 70 43.48% 40 24.84% Total 1305 2 282 126 44.68% 57 20.21% 531880-CHULA VISTA Polling 621 I 32 20 62.50% 5 15.63% Mail 627 1 67 28 41.79% . 15 22.39% Total 627 2 99 '8 48.48% 20 10.20% 531890.CHULA VlSTA Polling 814 I 30 13 43.33% 7 23.33% Mail 81. 1 64 29 45.31% 15 23.44% Total 81' 2 94 42 44.68% 22 23.40% 53190O-CHULA VISTA Polling 1186 I 120 61 50.83% 29 24.17% Mail 1186 I 201 105 52.24% 31 15.42% Total 1186 2 321 166 51.71% 60 18.69% 531930-CHULA VISTA Polling 145{) I 85 42 49.41% 11 12.94% Mail 1450 1 261 116 44.44% 41 15.71% Total 1450 2 346 158 45.66% 52 15.03% 53! 940-CffiJLA VISTA Polling 905 1 66 28 42.42% 16 24:24% Mail 905 I 147 74 50.34% 3. 23.13% Tota! 905 2 213 102 47.89% 50 23.47% 531950-CHULA VISTA Polling 804 1 64 37 57.81% 9 14.06% Mail 804 I 77 38 49.35% 12 15.58% Total 804 2 141 75 53.19% 21 14.89% 5321 OO-CHULA VlST A Poll-ing 981 1 113 40 35.40% 15 13.27% Mail 981 I 179 73 40.78"/0 31 17.32% 2-28 COUNTY OF SAN DIEGO Oa'e:06/30/08 DIRECT PRIMARY ELECTION Time: 10:57:38 Page: 14 of 45 Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3, 4 CITY OF CHliLA VISTA COUNCIL. SEAT NO.3 Reg. Voters Vote For Total Voles RUSS HALL DEVONNA AUvlAGRO Total 532120.CHULA VISTA Polling Mail 981 2 292 113 33.70% 46 15.75% - Total 593 2 163 79 48-47% 24 14.72% 532190-CHULA VISTA Polling 316 I 43 17 39.53% 7 16.28% Mail 316 I 39 " 46.1.5% 12 30.n% Total 316 2 82 35 42.68% 19 23.17% 532200-CI-fULA VlST A Polling 1484 I 136 57 41.91% 26 19.12% Mail 1484 I 160 78 48.75% 21 13.13% Total 1484 2 296 135 45.61% 47 15.88% 532290-CHULA VISTA Polling 1112 I 96 43 44.79% 29 30.21% Mail l1l2 I 127 53 41.73% 26 20.47% Tota! 1112 , 223 96 43.0.5% 55 24.66% 532320~CHULA VISTA Polling 1400 I 86 33 38.37% 14 16.28% Mail 1400 I 137 58 42.34% 24 17.52% Total 1400 2 223 91 40.81% 38 17.04% 532330-Cf-fULA VISTA Polling 978 I 68 29 42.65% 18 26A7% Mail 978 1 74 30 40.54% 19 25.68% Total 978 2 142 59 41.55% 37 26.06% 532340~CHULA VISTA Polling 747 1 76 42 55.26% 5 6.58% Mail 747 I lOl 56 55.45% 12 11.88% Total 747 2 177 98 5537% 17 9.60% 532380-CHULA VISTA PoBing 1458 I 108 60 55.56% 14 12.96% Mail 1458 I 221 III 50.23% 31 14.03% Total 1458 2 329 171 51.98% 45 13.68% 532470~CHULA VlST A Polting 806 I 49 28 57.14% 7 14.29% Mail 806 I 91 28 30.77% 24 2637% Total 806 2 140 56 40.00% 31 22.14% 532490-CHULA VISTA Polling 795 1 68 35 51.47%, 9 13.24% Mail 795 I 132 60 45.45% 25 18.94% Total 795 2 200 95 47.50% 34 17.00% 532500-CHULA VISTA Polling 703 1 72 37 51.39% 10 13.89% Mail 703 1 125 64 51.20% 19 15.20% Total 703 2 197 ]01 51.27% 29 14.72% 53251Q-CHULA VISTA Polling 599 I 60 37 61.67% 10 16.67% Mail 599 ] 137 101 73.72% 16 11.68% Total 599 2 197 138 70.05% 26 13.20% 532570-CHULA VISTA poning 359 I 44 24 54.55% 4 9.09% Mail 359 I 66 42 63.64% 8 12.12% Total 359 2 110 66 60.00% 12 10.91% 532580-CHULA VISTA Polling 504 ] 39 20 51.28% II 2821% Mail 504 I 70 23 32.86% 12 17.14% Total 504 2 109 43 39.45% 23 21.10% 532600-CHULA VISTA Polling 1033 I 93 53 56.99% 11 11.83% Mail lQ33 1 196 104 53.06% 35 17.86% Tom! 1033 2 239 157 54.33% 46 15.92% 593 593 59 104 27 45.76% ~2 50 00% lO 16.95% 14 1346% 2-29 COUNTY OF SAN DIEGO Date:06J30J08 DIRECT PRIMARY ELECTION Time: 10:57:38 Tuesday, June 3, 2008 Page: 15 of 45 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3, 4 CITY OF CHULA VISTA COUNCIL. SEAT NO.3 Reg. Voters VOle For Total Votes RUSS HALL DEVONNA ALMAGRO Total 821 2 260 96 36.92% 35 13.46% 532730-CHULA VISTA Polling 726 1 59 25 42.37% 9 15.25% Mail 726 1 148 74 50.00% 24 16.22% To<al 726 2 207 99 47.83% 33 15.94% 53277O-CHULA VISTA Polling 880 1 121 62 51.24% 15 12.40% Mail 880 1 104 55 52.88% 21 20.19% Total 880 2 225 117 52.00% 36 16.00% 532790.CHULA VISTA Polling 1047 1 80 41 51.25% 20 25.00% Mail 1047 1 159 75 47.17% 28 17.61% To<al 1047 2 239. 116 48.54% 48 20.08% 532820-CHULA VISTA Polling 718 1 91 46 50.55% 12 13.19% Mail 718 1 127 56 44.1)9% 2" 17.32% To<al 718 2 218 102 46.79% 34 15.60% 532830-CHULA VISTA Polling 747 1 68 25 36.76% 21 30.88% Mail 747 1 87 37 42.53% 19 21.84% Total 747 2 155 62 40.00% 40 25.81% 532870-CHULA VISTA Polling 1414 1 103 47 45.63% 18 17.48% Mail 1414 1 137 62 45.26% 26 18.98% To<al 1414 2 240 109 45.42% 44 18.33% 53289O-CHULA VISTA Potling 816 1 71 40 56.34% 13 18.31% Mail 816 1 tl9 60 50.42% 19 15.97% Total 816 2 190 100 52.63% 32 16.84% 532900-CHULA VISTA Polling 1141 1 77 35 45.45% 12 15.58% Mail 1141 1 173 99 57.23% 28 16.18% 53261O-CHULA VISTA Polling Mail To<al 532620-CHULA VISTA Polling Mail . Total 532630~CHULA VISTA Polling Mail Total 532650-CHULA VISTA Polling Mail Tolal 532660-CHULA VISTA Polling Mail Total 53270Q-CHULA VISTA Polling Mail Total 5327tO~CHULA VISTA Polling Mail To<al 53292{l-CHULA VrST A 521 34 14 41.18% 7 20.59% 521 58 ,- .1655% 11 1897% -, 521 2 92 41 44.57% 18 19.57% 1009 1 104 48 46.15% 18 17.31% 1009 1 202 106 52.48% 26 12.87% 1009 2 306 154 50.33'% 44 t4.38% 1056 101 44 43.56% " 22.77% _J 1056 109 56 51.38% 23 lUD% 1056 2 210 100 47.62% 46 21.90% 682 1 61 30 49.18% 13 21.31% 682 1 96 37 38.54% 19 19.79% 682 2 157 67 42.68% 32 20.38% 962 1 tll 53 47.75% 19 17.12% 96' 1 139 60 43.17% 31 22.30% 962 2 250 tl3 45.20% 50 20.00% 657 1 91 46 50.55% 13 14.29% 657 1 155 101 65.16% 14 9.03% 657 2 246 147 59.76% 27 10.98% 821 66 32 48.48% IS 22.73% 821 194 64 32.99% 20 103!% 1141 2 250 134 53.60% 40 16.00% 2-30 COUNTY OF SAN DIEGO Date:06/30/08 DIRECT PRIMARY ELECTION Time:IO:57:38 Page:160f45 Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3, 4 CITY OF CHULA VISTA COUNCIL. SEAT NO. :3 Reg. Voters Vote ror TotnlVote5 RUSS HALL DEVONNA ALMAGRO 0 0 Polling M3il 877 377 81 38 46.91% 3i 42.47% 17 20.99Yo 16 21.91% TOlal 877 2 154 69 44.81% 33 21.43% 533010-CHULA VISTA Polling 4]9 I 25 14 56.00% 3 12.00% Mail 4!9 I }2 14 43.75% 10 31.25% TOLaI 419 2 57 2Jl 49.12% 13 22.81% 533020..cHULA VISTA Polling 1305 I 65 20 30.77% 16 24.62% Mail .. 1305 I 152 63 41.45% 22 t4.47% Total 1305 2 217 83 38.25% 38 17.51% 5330S0-CHULA VISTA Polling 819 I 74 30 40.54% 12 16.22% Mail 819 I 106 45 42.45% 30 28.30% Total 819 2 180 75 41.67% 42 2333% 5330M-CHULA VISTA Polling 1188 I 107 50 46.73% 17 t5.89% Mail ll88 I 135 61 45.19% 20 L4.81% Total 1188 2 242 III 45_87% 37 15.29% 533080-CHULA VISTA Polling 1347 I 77 34 44.16% 21 27.27% Mail 1347 I 131 54 41.2?% 31 23.66% Total 1347 2 208 88 42.31% 52 25.00% 533100-CHULA VISTA Polling 1406 I 50 18 36.00% 13 26.00% Mail 1406 I 137 60 43.80% 33 24.09% Total 1406 2 187 78 41.71% 46 24.60% 533120-CHULA VISTA Polling 1533 I 63 27 42.86% 15 23.81% Mail 1533 I 142 48 33.80% 49 34.51% Total 1533 2 205 75 3659% 64 31.22% 537700-CHULA VISTA Polling 1266 I 133 45 33.83% 32 24.06% Mail 1266 I 162 67 41.36% 30 18.52% Total 1266 2 295 112 37.97% 62 21.02% 538300-CHULA VISTA Polling 1052 I 99 29 29.29% 19 19.19% Mail 1052 I 160 69 43.13% 28 17.50% Tota! 1052 2 259 98 37.84% 47 18.15% 53841O-CHULA VISTA Polling 783 I 66 28 42.42% II 16.67% Mail 783 I 109 52 47.71% 21 19.27% Total 783 2 175 80 45.72% 32 18.29% 538600-CHULA VISTA Polling lll6 I 81 33 40.74% 17 20.99% Mail 1116 I 208 89 42.79% 33 15.87% Total 1116 2 289 122 42.21% 50 17.30% 538810-CHULA VISTA Polling 1201 [ 159 57 35.85% 31 !9.50% Mail I201 I 245 112 45.71% 47 19.18% Total 1201 2 40. 169 41.83% 78 1931% 539000-CHULA VISTA Polling 1161 I 129 41 31.78% 28 21.71% Mail 1161 I 171 62 36.26% 40 23.39% Total 1161 2 300 103 34.33% 68 22.67% 53931 O-CHULA VISTA Polling 762 I 75 20 26.67% 15 20.00% Mail 762 I 86 31 36.05% 25 29.07% Total 762 2 161 51 31.68% 40 24.84% 9991 96-CHlJLA VlSTA-VBM Polling 0 I 0 0 0 73 2-31 COUNTY OF SAN DIEGO D'le:06/30/08 DIRECT PRIMARY ELECTION Time:10:57:J8 Page: 17 of 45 Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3, 4 CITY OF CHULA VISTA COUNCIL - SEA I NO.3 Reg. VOlers Vote For Total Votes RUSS HALL DEVONNA ALMAGRO Mail 0 I 0 0 0 Total 0 , 0 0 - 0 999202.CHULA VISTA-VSM Polling 7 I 0 0 0 Mail 7 ] I 0 0.00% 0 0.00% Total 7 , I 0 0,00% 0 0.00% 999209-YBM-A V Polling 0 I 0 0 - 0 - Mail 0 I 0 0 0 Total 0 2 0 0 0 999237.CHULA VISTA-VBM Polling 66 I 0 0 - 0 Mail 66 ! JJ 14 42.42% 7 21.11% Totai 66 , 33 " 42.42% 7 21.21% Total Polling 96102 110 9466 4213 44.51% 1645 17.38% Mail 96102 110 14920 7049 47.25% 2467 16.53% Total 96102 220 24386 11262 46.18% 4112 16.86% COUNTY-WIDE OFFICE COUNTY-WIDE OFFICES Polling 96102 110 9466 42[3 44.51% 1645 17.38% Mail 96102 liD 14920 7049 47.25% 2467 16.53% Total 96102 220 24386 11262 46.18% 4112 16.86% Total Polling 96102 110 9466 4213 44.51% 1645 17.38% Mail 96W2 110 14920 7049 47.25% 2467 16.53% Total 96102 220 24386 11262 46.18% 4112 16.86% CONGRESSION.A.L orSTS 2001 51ST CONGRESSIONAl.. D1S; Polling 96102 110 9466 4213 44.51% 1645 17.38% Mail 96102 110 ]4920 7049 47.25% 2467 16.53% Total 96102 220 24386 11262 46_18% 4112 16.86% Total Polling 96102 IIO 9466 4213 44.5]% 1645 17.38% Mail 96102 IIO 14920 7049 47.25% 2467 16.53%. Total '96102 220 24386 11262 46.l8% 4112 16.86% STATE BOARD OF EQUALLZA TION 3RD BD OF EQUAL DIST Polling 96102 110 9406 4213 44.51% 1645 17.38% Mail 96102 110 14920 7049 47.25% 2467 16.53% Total 96102 220 24386 11262 46.18% 4112 16.86% Total Poiling 96102 IIO 9466 4213 44.51% 1645 17.38% Mail 961Q2 1]0 14920 7049 47.25% 2467 16.53% Total 96102 220 24386 11262 46.18% 4112 16.86% STATE SENATORIAL DIST'S 2001 36TH SENA TORlAL D1ST Polling 1305 2 65 20 30.77% 16 24.62% Mail 1305 2 152 63 41.45% 22 14.47% Total 1305 4 217 83 38.25% 38 17.51% 40TH SENA TORlAL DlST PoHing 94797 108 9401 4193 44.60% 1629 17.33% Mat! 94797 108 14768 6986 47.30% 2445 16.56% Total 94797 216 24169 11179 46.25% 4074 16.86% Total Polling 96102 liD 9466 4213 44.51% 1645 1738% Maii 96102 110 14920 7049 47.25% 2467 16.53% 2-32 COUNTY OF SAN DIEGO Dato:06/30108 DIRECT PRlMARY ELECTION Time: I 0:57:38 Page: i8 of 45 Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3, 4 CITY OF CHULA VISTA COUNCIL. SEAT NO.3 Reg. Voters I Volo F" Total Votes RUSS HALL DEVONNA ALMAGRO , Total 96[02 220 24386 11262 46.18% 4112 16.36% STATE ASSEMBLY DISTS 2001 73TH ASSEMBLY DIST Polling 52198 59 4470 2134 47.74% 808 18.08% M:Jil 52198 59 7435 3523 47.38% 1319 17.74% Total 52198 118 11905 5657 47.52% 2127 17.87% 79TH ASSEMBLY DIST Polling 43904 51 4990 2079 41.61% 837 Hi.75% Mail 43904 51 7485 3526 47.11% 1148 15.34% Total 43904 102 12481 5605 44.91% 1985 15.90% Tota! Polling 96102 110 9466 4213 44.51% 1645 17.38% M3il 96102 lID 14920 7049 47.25% 2467 16.53% Total 96102 220 24386 11262 46.18% 4112 16.86% SUPERVISORIAL DISTRICTS 2001 1ST SUPERVISORIAL DIST Polling 96102 110 9466 4213 44.51% 1645 17.38% Mail 96102 110 ]4920 7049 47.25% 2467 16.53% Total 96102 220 24386 11262 46.18% 4112 16.86% Total Polling 96102 lID 9466 4213 44.51% 1645 17.38% Mail 96102 110 14920 7049 47.25% 2467 16.53% Total 96102 220 24386 11262 46.18% 4112 16.86% INCORP CITIES. OVERALL CHULA VISTA 525000-539500 Polling 96102 110 9466 4213 44.51% 1645 17.38% Mail 96102 lIO 14920 7049 47.25% 2467 16.53% Total 96102 220 24386 11262 46.18% 4112 16.86% Total Paning 96102 110 9466 4213 44.51% 1645 17.38% Mail 96102 110 14920 7049 47.25% 2467 16.53% Total 96102 220 24386 11262 46.18% 4112 16.86% IN"CORP CITY COUNeLL DISTS 200 I No Matching District Polling 96102 110 9466 4213 44.51% 1645 17.38% Mail 96102 110 14920 7049 47.25% 2467 16.53% Total 96102 220 24386 11262 46.18% 4112 16.86% Tolal Palling 96102 liD 9466 4213 44.51% 1645 17.38% Mail 96102 110 14920 7049 47.25% 2467 16.53% Total 96102 220 24386 11261 46.18% 4112 Hi.86% 2-33 COUNTY OF SAN DIEGO Oatc:06/30/08 DIRECT PRIMARY ELECTION Time:lO:57:38 Page:190f45 Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3, 4 CITY Of CHULA VISTA OUNCIL - SEAT NO.3 PAMELA BENSOUSSAN Jurisdiction Wide 525100-CHULA VISTA Polling 46 47.92~f Mail 56 42.75% Total 102 44.930/. 525300~GIULA VISTA. Polling 45 39.13'V Mail 55 34.81% Total 100 36.630/, 525500-CHULA VISTA Polling 68 49.28% Mail 100 54.35% Total 168 52.17% 525600-CHULA VISTA Polling 75 44.64% Mail 90 39.47% Total 165 41.67% 5257QO-CHULA VISTA Polling 7 20.000/. Mail 49 39.52o/c Total 56 35.22% 52581 Q-CHULA VISTA Polling 62 43.060/( Mail 68 35.42% Total l30 38.69% 526100-CHULA VISTA Polling 54 40.30% Mail 121 46.04% Tota! 176 44.11% 52640o....CHULA VISTA Polling 39 41.490/.: Mail 60 44.12o/c Total 99 43.04% 526410-CHULA VISTA poiling 32 52.46% Mail 29 42.03% Total 61 46.92% 526500-ClIULA VISTA Polling 44 34.38% Mait 73 33.80~;: Total 117 34.010/. 526700-CfWLcl... VISTA Paning 50 44.64% Mail 73 38.62% Total 123 40.86% 526710-CHULA VISTA Polling 18 30.51% Mail 50 36.76% Total 68 34.870/, 526900-CHULA VISTA Polling 36 37.11% Mail 65 38.01% Total I 101 37.69% 527200~CHULA VISTA Polling 17 53.13% Mail 30 42.86% Total 47 46.08% 527800-CHULA VISTA Polling . 43 36.75% Mail 50 37.31% Total 93 37.05% 2-34 COUNTY OF SAN DIEGO Da1e:06/JO/08 DIRECT PRIM.ARY ELECTION Time: 1 0:57:38 Pagc:20 of 45 Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3, 4 CiTY OF CHULA. VISTA COUNCIL - SEAT NO.3 PAMELA BENSOUSSAN 528000-CHULA VIS'TA Polling 52 40.310/. Mail 76 37.070/, Total 128 38.32~/ 528100-CHULA V1STA Polling 35 49.300/. Mail 30 35.71'X Total 65 41.94% 528200-CHULA VISTA Polling 22 43.14% Mail 35 44.87% Total 57 44.19% 52850Q-CHULA VISTA Polling 65 40.63'X Mail 76 41.76% Total 141 41.23% 528800-CHULA VISTA Polling 36 40.45% Mail 54 36.000/. Total 90 37.66% 523820-CHULA VISTA Polling 26 43.330/. Mail 34 42.50% TOlal 60 42.860/. 523900.CHULA VISTA Polling 14 24.56% Mail 45 30.20% Total 59 28.64% 528910-CHULA VISTA Polling 53 40.77% Mail 94 40.69% Total 147 40.72% 528920-CHULA VISTA Polling 45 33.58% Mail 78 33.9J% Total 123 33.79% 528940-CHULA VISTA Polling 46 41.44% Mail 78 38.61% Total 124 39_62% 528960-CIlULA VISTA Polling 48 39.67% Mail 56 41.79"1c Total 104 40.78% 528970.CHtJ'U. VISTA Polling 33 33.67% Mai.l 63 36.63% Total 96 35.56% 529000-CHULA VISTA Polling 30 31.58% Mail 35 .33.65% Total 65 32.66% 529100-CHULA VISTA Polling 55 27.92% Mail 85 32.82% Total 140 30.70% 52930Q-CHULA VISTA Polling 44 35.48% Mail 53 26.63% Total I 97 30.03% S29500.ClfULA VISTA 2-35 COUNTY OF SAN DIEGO Datc:06/30/08 DIRECT PRlMARY ELECTION Time:lO:57:38 Tuesday, June 3, 2008 Pagc:21 of 45 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3,4 CITY OF CHULA VISTA /COUNCIL - SEAT NO. J PAMELA BENSOUSSAN Polling 15 40.540/, Mail 25 35.710/. Tota! 40 37.380/, 529510-CHULA VISTA Polling J6 40.91% Mail 28 27.450/. Total 64 33.680/. 52952tl.CH1.JLA VISTA Polling 60 53.10% Mail 67 39.640/. Total 127 45.040/. 529600-CHULA VISTA Polling 21 35.590/. Mail JJ 29.460/. Total 54 31.580/. 529700-CHULA VISTA Polling J7 45.120/, Mail 50 44.640/. Tota! 87 44.850/. 529900-CHliLA VISTA Polling 54 55.67% Mail J9 38.61% Total 93 46.970/, 530110-CffilLA VISTA Polling 42 37.17% Mail' 4J 28.29% Tota! 85 32.080/, 530200-CHULA VISTA Polling 37 30.08% Mail 4' 30.22% Toti! 79 30.15% 530400-CHULA VISTA PoUing 27 31.03% Mail 6' 34.83% Total 89 33.58% 530500-CHULA VISTA Polling 30 29.70% Mail 26 28.57% Total 56 29.17% 530510-CHULA VISTA PoUing 40 37.38% Mail 38 24.68% Total 78 29.89% 53070o-CHULA VISTA Polling 40 43.96% Mail 35 32.41"Ai Total 75 37.69% 530710-CHULA VISTA PoUing 32 35.56~1: Mail 33 34.02% Total 65 34.76% 531000-CHULA VISTA poning 48 48.98% Mail 78 36.97% Total 126 40.78% 53109o-CHULA VISTA Polling 45 39.47~/ Mail 69 38.98~" Total I 114 39.180/. 531110-CHULA VISTA Polling 49 45.37% 2-36 COUNTY OF SAN DIEGO O'le:06/10/08 DIRECT PRlMARY ELECTION Time:lO:57:38 Page:22 of 45 Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3, 4 CITY Of CHULA VISTA COUNCIL - SEAT NO.3 PAMELA BE.l\iSOUSSA..~ Mail I 68 36.760/. Total Il7 39.930/. 5J1200-CHULA VISTA Polling 12 20.00% Mail 20 20.83~' TOlal 32 20.51% . 53 I 390.CHl.iLA VISTA PoBing 50 41.32o/c Mail 71 37.57% Total 121 39.03% 531400-CHULA VISTA Pelling 30 42.25% Mail 29 40.850/. Tota! 59 41.55% 531 720-CHULA VISTA Potting 34 32.690/. Mail 63 38.180/. Total 97 36.06% 53174Q-CHULA VISTA Polling 25 34.25% Mail 48 34.040/, Total 73 34.11% 53 I 830-CHULA VISTA Polling 25 31.25o/c Mail 39 37.14"1. Total 64 34.59% 531860~CH1.JLA VISTA Polling 12 28.57% Mail 34 32.08% Total 46 31.08% 53 J 870.CHULA VISTA Polling 48 39.67% Mail 5\ 31.68% Total 99 35.11% 53 I 880--CHULA VISTA Polling 7 21.88% Mail '4 35.82~' Total 31 3131% 53 I 890-CHULA VISTA Polling 10 33.33~/ Mail 20 31.25% Total 30 31.91% 531900-cHULA VISTA Polling 30 25.00% Mail 65 32.34% Total 95 29.60% 53193D-CHULA VISTA Polling 32 37.65% Mail 103 39.460/. Total 135 39.02% 531940~CHULA VISTA PaUing 20 3030% Mail 39 26.53% Total 59 27.70% 53195Q-CHULA VISTA Polling 18 28.130/. Mail 27 35.06% Total 45 31.91% 532100-CHULA VISTA Polling 57 50.44% M",l 74 4134% 2-37 COUNTY OF SAN DIEGO 03'0:06/30/08 DIRECT PRIMARY ELECTION Time:lO:57:38 Pagc:23 of 45 Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3, 4 CITY OF CHULA VISTA ~OUNCIL ~ SEAT NO.3 PAMELA BENSOUSSAN Total 131 44.86% 532 1 20-CHULA VISTA Polling 22 37.290/0 Mail 37 35.58O,{ Total 59 36.20% 532I90-CHULA VISTA Polling 19 44.19% Mai! 9 23.080/. Total 28 34.15% 532200~fnJLA VISTA Polling 51 37.50% Mail 61 38.130/. Total lt2 37.&4"1< 532290-CHULA VISTA Polling 2' 25.000/. Mail 48 37.80% Total 72 32.290/. 532320-CHULA VISTA Polling 39 45.35% Mail 54 39.42% Total 93 41.70% 532330-CHULA VISTA Polling 21 30.880/. Mail 24 32.43% Total 45 31.69% 532340-CHULA VISTA Polling 29 38.16% Mail 33 32.67% Total 62 35.03% 532380-CHULA VISTA Polling 34 31.48% Mail 79 35.750/. Tota! 113 34.350/. 532470-CHULA VlST A Polling 14 28.57% Mail 39 42.86% Total 53 37.86% 532490-CHULA VISTA Palting 24 35.29% Mail 47 35.61% Total 71 35.50'X 532500-CffiJLA VISTA Potling 25 34.72% -Mail 42 33.60% Total 67 34.0n; 532510-CHULA VISTA Polling 12 20.00"10 Mail 20 14.60% Total 32 16..24% 53257Q-CHULA VISTA Polling 16 36.36% Mail 16 24.24% Total 32 29.09% 532580-CHULA VISTA Polling 8 2051% Mail 35 50.00% Total 43 39.450/. 532600-CHULA VISTA Polling 29 3L.l8'Y< Mail 57 29.08% Total I 86 29.76% 2-38 COUNTY OF SAN DIEGO Dale:06130/08 DIRECT PRIMARY ELECTION Time: I 0:57;38 Page:24 of 45 Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3, 4 I CITY OF CHULA VISTA r:~o" ""'" PAMELA . 8 ENSOUSSA..l\l 532610-CHULA VISTA Polling 13 38.24% Mail 20 }4.48~" Total 33 35.&70/. 532620-CHULA VISTA Polling 38 36.54% Mail 69 34.16% Total 107 34.97% 532630-CHULA VISTA Poning 33 32.67% Mail 29 26.61~/ Total 62 29.52o/~ 532650-CHULA VISTA Polling 18 29.51% Mail 39 40.63% Total 57 36.31% 532660-CHULA ViSTA Polling 38 34.23~/ Mail 43 34.53% Total 86 34.400/, 532700-CHlrLA VISTA Polling 32 35.16,* Mail 4() 25.81% Total 72 29.27% 5327! Q-CHULA VISTA Polling 19 28.79% Mail 110 56.70% Total 129 49.62% 532730-CHULA VISTA Polling 25 42.37% Mail 50 33.78% Total 75 36.23% 532770-CHULA VISTA Polling 44 36.36% Mail 26 25.00% Total 70 31.110/, 532790-CffiJLA VISTA Polling 19 23.75o/c Mail 56 35.22o/c Total 75 31_38o/c 532820-CHULA VISTA Polling 33 36.26% Mail 49 38.580/, Total 82 37.61% 532830-CHULA VISTA Polling 22 31.35% Maii 31 35.63% Total 53 34.19% 532870-CHULA VISTA Polling 38 36.89% Mail 48 35.04% Total 86 35.83% 532890-CHULA VISTA Polling 18 25.350/, Mail 40 33_61% Total 58 3Q.53% 532900-CHULA VISTA Polling 29 37.66% Mai! 46 26.59% Total I 75 30.00% 532920-CHULA VI:::'''TA 2-39 COUNTY OF SAN DIEGO Da'e:06!30/08 DIRECT PRIMARY ELECTION Time: 10:57:38 Page:25 of 45 Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3, 4 CITY OF CHULA VISTA OUNCIL - SEAT NO.3 PAMELA BENSOUSSAN Poning 26 32.100/; Mail 25 34.250/. Total 51 33.120/. 5330 I O-CHULA VISTA Polling 8 32.Q<W Mail 8 25.00% Total 16 28.070/. 533020-CHTJLA V!ST A Polling 29 44.620/. Mail 67 44.080/ Total 96 44.24% 533050-CHULA VISTA Polling 32 43.240/< Mail 30 28.30% Total 62 34.440/. 533060-CHULA VISTA Polling 40 37.38'1; Mail 54 40.00% Total 94 38.840/. 533080-CHULA VISTA Polling 20 25.97% Mail 46 35.11% Total 66 31.730/ 533100~CHlJLA VISTA Polling 17 34.000/. Mail 41 29.930/< Total 58 31.02% 533120-CHULA VISTA poning 21 33.330/. Mail 45 31.69% Total 66 32.20% 537700-CHULA VISTA Polling 56 42.11% Mail 64 39.51"1< Total 120 40.68% 538300-CHULA VISTA Polling 51 51.520/. Mail 62 38.75% Total 113 43.63% 538410-CHULA VISTA Polling 27 40.91% Mail 35 32.11% Total 62 35.43% 538600..cHULA VISTA Polling 31 38.27% Mail 85 40.87% Total 116 40.14"1. 53&SI0-CEfULA VISTA Polling 70 44.03% Mail 85 34.69% Total 155 38.37% 539000-CHULA VISTA Polling 60 46.51% Mail 68 39.77% Tot:\! 118 42.67% 539310-CHU"""LA VISTA Polling 40 53.33% Mail 30 34.88% Total 70 43.48% 999196-CHULA VISTA-VBM Polling 0 2-40 COUNTY OF SAN DIEGO Date:06/JO/08 DIRECT PRIMARY ELECTION Time:l0:57:38 Page:26 of 45 Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3, 4 CITY OF CHULA VISTA OUNCIL. SEAT NO.3 PAMELA BENSOUSSAJ.~ Mail 0 Total 0 999202-CHULA VISTA-YBM Polling 0 Mail I 100.00% Totai 1 100.00% 9992Q9- VBM-A V Polling 0 Mail 0 Total 0 999237-CHULA VISTA.vBM Polling 0 Mail 12 36.36% Total t2 36.36% Total Polling 3577 37.79% Mail 5365 35.96% Total 8942 36.67% COUNTY -\VIDE OFFICE COUNTY~WIDE OFFICES Polling 3577 37.79% Mail 5365 35.96~/ Total 8942 36.67% Total Polling 3577 37.79% Mail 5365 3596% Total 8942 36.67,}' CONGRESSIONAL DlSTS 2001 515T CONGRESSIONAL DIST Polling 3577 37.79% Mail 5365 35.96% Total 8942 36.67% Total- Polling 3577 37.79% Mail 5365 35.96% Total 8942 36.67% STATE BOARD OF EQUALIZATION 3RD BD OF EQUAL D1ST Polling 3577 37.79% Mai! 5365 35.96% Total 8942 36.67% Total Polling 3577 37.79% Mail 5365 35.96% Total 8942 36.67% STATE SENATORlAL DIST'S 2001 36TH SENATORIAL DIST Polling 29 44.62% Mail 67 44.08% Total % 44.24% 40TH SENATORIAL DIST Polling 3548 37.74"1< Mail 5298 35.87% Total 8846 36.60% Total Polling 3577 37.79% Mail 5365 35.96% 2-41 COUNTY OF SAN DIEGO Dare:06/30108 DIRECT PRlMARY ELECTION Time:IO:57:J9 Page:27 of 45 Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3, 4 CITY OF CHULA VISTA COUNCIL. SEAT NO.3 PAMELA BENSOUSSAN TOlal 8942 36.67% STATE ASSEMBLY D1STS 2001 78TH ASSEMEL Y mST Polling 1513 33.35'11 ~ail 25i2 34.590/. Total 4085 34.310/, 79TH ASSEMBLY DIST Polling 2064 4131% Mail 2793 37.3]0/, Total 4857 38.92o/c Total Polling 3577 37.790/, Mail 5365 35.960/, Tota! 8942 36.67";; SUPERVISORIAL DISTRlCTS 2001 1ST SUPERVISORIAL DIST Polling 3577 37.790/. Mail 5365 35.96% Total 894; 36.67'1; TOlal Polling 3577 37.79% Mail 5365 35.96% Total 8942 36.67% INCORP CITIES ~ OveRA.LL CHULA VISTA 525000-539500 Polling 3577 37.790/. Mail 5365 35.960/, Total 8942 36.67% Toial Polling 3577 37.79% Mail 5365 35.96o/c Total 8942 36.67% iNCORP CITY COUNCIL DIST'S 2001 No Matching District poning 3577 37.79% Mail 5365 35.96% Total 8942 36.67% Total Polling 3577 37.7~j( Mail 5365 35.96% Total 8942 36.67% 2-42 COUNTY OF SAN DIEGO 0.te:06/30/08 DIRECT PRIMARY ELECTION Time: i 0:57;39 Page:280f45 Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3, 4 CITY OF CHULA VISTA COUNCIL - SEAT NO.4 Reg. Voters Vote For Totl!Votes PATRICIA AGUILAR scon VINSON Jurisdiction Wide 525100-CHULA VISTA Polling 1105 I 101 34 33.66% 15 14.85% Mail 1105 I 137 48 35.04% 19 13.87% Tolai IlOS - 233 82 34.45% 34 14.29% 525300~CHULA Vl$T A Polling 109& I lIS 22 19.13% 25 21.74% Mail 1098 I 163 41 25.15% 40 24.54% Tolal 1098 2 273 63 22.66% 65 23.38% 525500-CHULA VISTA Polling 939 I 139 28 20.14% 31 22.30% Mail 939 I 184 40 21.74% 43 23.37% Total 939 2 323 68 21.05% 74 22.91% 525600-CHULA VrST A Polling 1169 1 166 35 21.08% 55 33.13% Mail 1169 1 229 49 21.40% 86 37.55% Total 1169 2 395 84 21.27% 141 35.70% 52570Q-.CHULA VISTA Polling 301 I 36 7 19.44% 11 30.56% Mail 301 I 178 3! 24.22% 32 25.00% Total 301 2 164 38 23.17% 43 26.22% 525810-CHULA VISTA Polling il28 I 150 30 20.00"10 43 28.67% Mail 1128 I 192 42 21.88% 52 27.08% Total 1128 2 342 12 21.05% 95 27.78% 526100-CHlrLA VISTA Polling 1290 I 136 36 26.47% 25 18.38% Mail 1290 I 269 81 3D.II% 66 24.54% Total 1290 2 405 117 28_89% 91 22.47% 526400-CHULA VISTA Polling 862 1 95 16 16.84% 31 32.63% Mail 862 1 139 46 33.09% 31 22.30% Total 862 2 234 62 26.50% 62 26.50% 5264iO-CHULA VISTA Polling 368 1 67 20 29_85% 13 19.40% Mail 368 1 70 28 40.00% 14 20.00% Total 368 2 137 48 35.04% 27 19.7l% 526500-CHULA VISTA Polling .064 i 131 29 22.14% 42 32.06% Mail 1064 1 215 30 13.95% 77 35.81% Total 1064 2 346 59 17.05% 119 34.39% 52670O-CHULA VISTA Polling 852 I 110 10 9.09% 42 38.l8'l1o Mail 852 1 192 34 17.71% 76 39.58% Total 852 2 302 44 14.57% 118 39.07% 52671O-CHULA \I1STA Polling 549 1 61 II 18.03% 25 40.98% Mail 549 1 132 28 21.21% 48 36.36% Total 549 2 193 39 20.21% 73 37_82% 52690O-CHULA VISTA Polling 1053 1 101 34 33.66% 27 26.73% Mail 1053 1 172 53 30.81% 44 25.58% Tota! 1053 2 27J 87 31_87% 71 26.01% 52720Q-CHULA VISTA PoUing 624 I 30 7 23.33% 3 10.00% Mail 624 1 70 28 40.00% 12 17.14% Total 624 2 100 35 35.00% 15 15.00% 527800-CHULA VISTA Polling 762 ! III 23 19.01% 47 38.84% Mail 762 I W 34 23.94% 49 34.51% Total 762 2 263 57 21.67% 96 36.50% 2-43 COUNTY OF SAN DIEGO Daro:06/30/08 DIRECT PRIMARY ELECTION Time: 10:57:39 Tuesday, June 3, 2008 Page:29 of 45 Official Canvass (San Diego County Only) CITY OF CRULA VISTA SEAn, 4 CITY OF CHULA VISTA COUNCIL - SEAT NO. <1 Reg. V olers Vote For Total Votes PATR1CIA AGUILAR SCOTT VINSON 5280004CHULA VISTA Polling 1094 I 130 30 23.08% 37 28.46% Mail 1094 I 213 38 17.84% 72 33.80% Total l094 2 343 68 19.83% 109 31.78% 528100-CHULA VISTA Polling 595 I 72 23 31.94% 14 19.44% Maii 595 I 85 19 22.35% 19 22.35% Toeal 595 2 157 42 26.75% 33 21.02% 528200-CHULA VISTA Polling 382 1 51 15 29.41% 15 29.41% Mail 382 1 81 13 16.05% 21 25.93% Total 382 2 132 28 21.21% 36 27.17% 52850Q-CHULA VISTA Polling 932 1 164 31 18.90% 59 35.98% Mail 932 1 181 34 18.78% 61 33.70% Total 932 2 345 65 18.84% 120 34.78% 5288GO-CHULA VISTA Polling 659 1 93 15 16.13% 41 44.09% Mail 659 1 159 21 13.21% 61 38.36% Total 659 2 252 36 14.29% 102 40.48% 528820-CHULA VISTA Polling 648 1 61 15 24.59% 22 36.07% Mail 648 I 79 20 25.32% 35 44.30% Total 648 2 140 35 25.00% 57 40.7]% 528900-CHULA VISTA Polling 573 I 60 9 15.00% 24 40.00% Mail 573 1 155 33 21.29% 61 3935% Total 573 2 215 42 19.53% 85 39.53% 528910-CHULA VISTA Polling l!74 1 131 29 22.14% 48 36.64% Mail 1174 1 247 63 25.51% 88 35.63% Total 1(74 2 378 92 24.34% 136 35.98% 528920-CHULA VrST A Polling llSl 1 142 25 17.61% 51 35.92% Mail lI8l 1 231 36 15.58% 101 43.72% Total 1181 2 373 61 16.35% 152 40.75% 528940-CHULA VISTA Polling 1240 1 112 26 23.21% 39 34.82% Mail 1240 1 207 41 19.81% 65 31.40% Total 1240 2 ' 319 67 21.00% 104 32.60% 528960-CHULA \f1STA Polling 1025 1 126 32 25.40"10 49 38.89% Mail 1025 1. 138 29 21.01% 43 31.16% Total 1025 2 264 61 23.11% 92 34.85% 528970-CHULA VlSTA Polling 1166 1 103 15 14..56% 31 30.10% Mail 1166 1 175 42 24.00% 48 27.43% Total II 66 2 278 57 20.50% 79 28.42% 529000-CHULA VISTA Polling 489 1 96 12 12.50% 47 48.96% Mail 489 1 103 14 13.59% 45 43.69% Total 489 2 199 26 13.07% 92 4623% 529 I OO-CHULA VISTA Polling 1091 1 ]99 25 12.56% 104 52.26% Mail 1091 1 265 47 17.74% 108 40.75% Total lO9l 2 464 72 15.52% 212 45.69% 529300-CHULA \lIST A Polling 980 ! 124 25 20.16% 52 41.94% Mail 980 1 197 38 19.29% 83 4".13% Total 529500-CHl}LA VISTA 980 2 321 63 19.63% 135 42.06% 2-44 COUNTY OF SAN DIEGO Date:06130108 DIRECT PRlMARY ELECTION Time: 10:57:39 Page:30 of 45 Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3, 4 CITY OF CHULA VISTA COUNCIL - SEAT NO.4 Reg. Volers Vote For Total Votes P A TRIClA AGUILAR SCOTT VINSON Polling 418 1 3& 9 23.68% 8 21.05% Mail 418 1 71 18 25.35% 25 35.21% Total 418 2 109 27 24.77% 33 30.23% 52951O-CHULA VISTA Polling 816 1 93 16 17.10% 32 34.41% Mail 816 1 103 28 27.18% 28 ""17.18% Total 816 2 196 44 22.45% 60 30.61% 519520-CHULA VISTA Polling 1238 I 115 31 26.96% 12 ;0.43% Mail 1233 ! 170 56 32.94% 36 2Ll8% To"" 1233 2 285 87 30.53% 48 16_34% 529600--CHULA VISTA Polling 555 1 58 16 27.59"'{' 23 39.66% Mail 555 1 III 25 22.52% 44 39.64% Tobl 555 2 169 41 24.26% 67 39.64% 529700-CHULA VISTA Polling 967 1 83 16 19.28% 17 20.48% Mail 967 1 111 34 30.63% 17 15.32% To"" 967 2 194 50 25.77% l4 17.53% 52990O-CHULA VISTA Polling 899 1 96 24 25.00% 15 15.63% Mail 899 1 102 32 3L37% 13 12.75% Total 899 2 198 56 18.28% 28 14.14% 530] IO-CHULA VISTA Polling 898 1 109 24 22.02% 41 37.61% Mail 898 1 159 28 17.61% 57 35.85% Tota! 898 2 268 52 19.40<'10 98 36.57% 530200-CHULA VISTA Polling 860 1 J21 28 23.14% 50 41.32% Mail 860 1 142 72 15.49% 69 48.59% Total .860 2 263 50 19.01% 119 4525% 53040Q-CHULA VISTA Polling 903 1 90 18 20.00% 27 30.00% Mail 903 1 182 34 18.68% 87 47.80% Total 903 2 272 52 19.12% 114 41.91% 530500-CHULA VISTA Polling 564 1 101 J6 15.84% 43 42.57% Mail 564 1 91 13 14.29% 37 40.66% To"" 564 2 192 29 15.10% 80 41.67% 5305 1 O-CHULA VISTA Polling 1043 1 110 28 25.45% 30 27.27% Mail 1043 1 157 31 19.75% 55 35.03% Total 1043 2 267 59 22.10% 85 31.84% 530700~CHULA VISTA Polling. 703 1 92 19 20.65% 26 28.26% Mail 703 1 111 27 24.32% 34 30.63% To"" 70J 2 203 46 22.66% 60 29.56% 530710-CHULA VISTA Polling 643 1 91 2S 27.47% 32 35.16% Mail 643 1 100 18 18.00% 31 31.00% To"" 643 2 J91 43 22.51% 63 32.98% 53 I OOO-CHULA ViSTA . Polling 1063 1 100 25 25.00% ]5 15.00% Mail 1063 1 217 43 19.82% 74 34.10% Total 1063 2 317 68 21.45% 89 28.08% 531090-CHULA VISTA Polling 1090 1 118 26 22.03% 24 20.34% Mail 1090 I 183 36 19.67% 48 '6.23% Total 5311l0-CHULA V1STA PaUing 1090 2 301 62 20.60% 72 23.92% J029 106 26 24.53% 3331.13% 2-45 COUNTY OF SAN DIEGO Da'e:06/30/08 DIRECT PRlMARY ELECTION Time: 10:57:39 Tuesday, June 3, 2008 Page:31 of 45 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3, 4 CITY OF CHULA VISTA COUNCIL. SEAT NO.4 I Reg. Voters Vote For Total Votes PA.TRICIA AGUILAR SCOTI VINSON Mail 1029 I 191 44 23.04% 53 27.75% To," 1029 2 297 70 23.57% 86 28.96% 53 1200-CHULA VISTA Polling 426 I 58 12 20.69% 20 34.48% Mail 426 I 95 13 13.68% 44 46.32% Total 426 2 153 25 16.34% 64 41.83% 531390-CHULA VI$T A Polling 1067 I 120 24 20.00% 29 24.17% Mail 1067 I 196 50 25.51% 55 28.06% Total 1067 2 316 74 23.42% 84 26.58% 531400-CHULA VISTA Poiling 651 I 72 23 31.94% 8 ll.ll% Mail 651 1 70 25 35.71% 13 18.57% Total 651 2 142 48 33.80% 21 14.79% 531720-CHULA VISTA Polling 1297 1 105 26 24.76% 29 27.62% Mail 1297 I 168 40 23.81% 36 21.43% Total 1297 2 273 66 24.18% 65 23.81% 531740-CHULA VISTA Polling 943 1 74 19 25.68% 18 2432% Mail 943 1 146 30 20.55% 50 34.25% Total 943 2 220 49 22.27% 68 30.91% 531830-CHULA VISTA Po!ling 614 1 84 13 15.48% 29 34.52% Mail 614 1 107 23 21.50% 40 37.38% Total 614 2 191 36 18.85% 69 36.13% 53 I 860-CHULA VISTA Polling 558 1 44 13 29.55% 13 29.55% Mail 558 I 109 25 22.94% 32 19.36% Tota! 558 2 153 38 24.84% 45 29.4]% 53 I 870.CHf.JLA VISTA Polling 1305 I 128 21 16.41% 43 33.59% Mail 13()5 1 167 41 24.55% 45 ?6.95% Total 1305 2 295 62 21.02% 88 29.83% 531880--CHULA VISTA Polling 627 I 31 8 25.81% 11 35.48% Mail 627 I 67 2l 31.34% 21 31.34% Tota! 627 2 98 29 2959% 32 32.65% 531890-CHULA VISTA Polling 814 1 31 9 29.03% 7 21.58% Mail 814 I 64 14 21.88% 20 31.25% Tota! 814 2 95 23 24.21% 27 28.42% 53 I 900-CHULA VISTA Polling 1186 I 126 24 19.05% 44 34.92% Mail 1186 1 213 45 21.13% 79 37.09% Total ]l86 2 339 69 20.35% 123 36.28% 531930-CHULA VISTA Polling 1450 I 91 13 14.29"10 33 36.26% Mail 1450 I 280 55 19.64% 91 32.50% To," 1450 2 371 68 18.33% 124 33.42% 53 I 940-CHULA VISTA Polling 905 I 67 16 23.88% 21 31.34% Mail 905 1 154 20 12.99% 60 38.96% Total 905 2 221 36 16.29"10 81 36.65% 531950-CHillA VISTA Polling 804 I 67 11 16.42% 21 31.34% Mail 804 I 79 18 22.78% 28 35.44% Total 804 2 146 29 19.86% 49 33.56% 532100.CHUlA VISTA Polling 981 I 113 22 19.47% 20 i7.70% Mail 981 I 183 35 19.13% 50 2732% 2-46 COUNTY OF SAN DIEGO Date:06/30108 DIRECT PRIMARY ELECTION Time: 1 0:57:39 Page:32 of 45 Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3, 4 ClTY OF CHULA VISTA COUNCIL - SEAT NO.4 Reg. Voters Vote For Total Votes PATRICIA AGUILAR scon VINSON Total 981 2 296 57 19.26% 70 23.65% 532120-CHULA VISTA Polling 593 I 64 16 25.00% 23 35.94% Mail 593 I 102 34 33.33% 20 19.61% Tot:lJ 593 2 166 50 30.12% 43 25.90% 532190-CHULA VISTA Polling 316 1 44 12 27.27% II 25.00% Mail 316 I 40 14 35_00% 6 15.00% Total 316 2 84 26 30.95% 17 20.24% S32200-CHULA VISTA Polling 1484 I 140 27 19.29% 33 23.57% Mail 1484 I 163 30 18.40% 54 33.13% Tota! 1484 2 303 57 18.81% 87 28.71% 532290-CHULA VISTA Polling 1112 1 102 26 25.49% 25 24.51% Mail Ill2 1 132 28 21.21% 38 28.79% Total 1112 2 234 54 23.08% 63 26.92% 532320-CHULA VISTA Polling 1400 I .90 18 20.00010 29 32.22% Mail 1400 1 145 27 18.62% 47 32.41% Total 1400 2 235 45 19.15% 76 32.34% 532330-CHlJLA VISTA Polling 978 1 68 18 26.47% 21 30.88% Mail 978 I 76 13 17.11% " 28.95% Total 978 2 144 31 21.53% 43 29.86% 532340-CHULA VISTA Polling 747 1 83 17 20.48% 27 32.53% Mail 747 1 106 21 19.81% 30 28.30% Total 747 2 189 38 20.11% 57 30.16% 532380-CIDlLA VISTA Polling 1458 1 115 18 15.65% 54 46.96% Mail 1458 1 230 55 23.91% 83 36.09% Total 1458 2 345 73 2Ll6% 117 39.71% 532470~CHULA VISTA Polling 806 1 53 17 32.08% 18 33.96% Mail 806 1 95 18 18.95% 25 2632% Total 806 2 148 35 23.65% 43 29.05% 532490-CHliLA VISTA Polling 795 1 69 16 23.19% 35 50.72% Mail 795 1 140 38 27.14% 41 2929% Total 795 2 209 54 25.84% 76 36.36% 53250O-CHULA VISTA Polling 703 1 79 22 27.85% 26 32.91% Mail 703 I 130 30 23.08% 60 46.15% Total 703 2 209 52 24.88% 86 41.15% 532510-CHULA VISTA Polling 599 I 62 17 27.42% 21 33.87% Mail 599 I 135 15 lUI% 68 50.37% Total 599 2 197 32 16.24% 89 45.18% 532570-CHULA VISTA Polling 359 I 45 4 8.89% 26 57_78% Mail 359 I 68 9 13.24% 35 51.47% Tota! 359 2 113 13 IL5O"JG 61 53.98% 532580-CHULA VISTA Polling 504 1 42 9 21.43% 16 38.10% Mail 504 1 71 13 18.31% 16 22.54% Total 532600-CHULA VISTA Polling Mail Total 504 2 113 22 19.47% 32 28.32% 1033 1033 1033 96 205 301 15 15.63% 41 20.00% 56 18.60% 50 52.08% 69 33.56% il9 39.53% 2 2-47 COUNTY OF SAN DIEGO Date:06/30/08 DIRECT PRlMARY ELECTION Time: 10:57:39 Tuesday, June 3, 2008 Page:33 of 45 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3, 4 CITY OF CHULA VISTA COUNCIL. SEAT NO.4 Reg. Voters Vote For Tota! Votes PATRICIA AGUILAR SCOTT VINSON 532610-CHULA VISTA Polling 521 I 36 l3 36.11% 3 22.22% Mail 52l I 63 19 30.16% 12 ]9,05% Total 52! 2 99 32 32.32% 20 20.20% S32620-CHULA VISTA Polling 1009 1 110 22 20.00% 48 43.64% Man 1009 1 207 43 20.77% 86 4!.55% Total 1009 2 317 65 20.50% 134 42.27% 532630-CHULA VISTA Polling 1056 I 104 39 37.50'% 29 27.&&% Mail iOS6 I 108 14 12-96% 35 32.41% Tolal 1056 2 212 53 25.00% 64 30.19% 532650-CHULA VISTA Polling 682 I 63 16 25.40% 27 42.86% Mail 682 I !O1 27 26.73% 28 27.72% Total 682 2 164 43 26.22% 55 33.54% 53266{).CHULA VISTA Polling 962 I 121 24 19.83% 68 56.20% Mail 962 I 148 29 19.59% 58 39.19% Total 962 2 269 53 19.70% 126 46.84% 53270Q-CHULA. VISTA Polling 657 I 93 18 19.35% 35 37.63% Mail 657 1 159 25 15.77% 77 48.43% Total 657 2 252 43 17.06% III 44.44% 53271O-CHULA VISTA poning 821 I 70 12 17.14% 28 40.00% Mail 821 I 202 45 22.28% 57 28.22% Total 821 2 272 57 20.96% 85 31.25% 532730-CHULA VISTA Polling 726 I 60 II 1833% 26 43.33% Mail 726 I 149 32 21.48% 66 44.30% Total 726 2 209 43 20.57% 92 44.02% 532770-CHULA VISTA Polling 880 I 123 18 14.63% 51 41.46% Mail 880 t t08 20 18.52% 53 49.07% Total 880 2 231 38 16.45% 104 45.02% 532790-CHULA VISTA Polling 1047 I 83 19 22.89% 33 39.76% Mail 1047 I 169 33 19.53% 60 35.50% Total 1047 2 252 52 20.63% 93 36.90% 532820-CHULA VISTA Polling 718 I 91 18 19.78% 43 47.25% Mail 718 1 130 37 28.46% 49 37.69% Total 718 2 221 55 24.89% 92 41.63% 532830-CHULA VISTA Polling 747 I 71 t3 18.31% 26 36.62% Mail 747 I 94 14 14.89% 27 28.72% Total 747 2 165 27 16.36% 53 32.12% 53287O--CHULA VISTA Polling 1414 1 104 23 22.12% 31 29.81% Mail 1414 1 143 35 24.48% 43 30.07% Total 1414 2 247 58 23.48% 74 29.96% 532890-CHULA VISTA Polling 816 1 72 II 15.28% 32 44.44% Mail 816 I 125 41 32.80"10 40 32.00% Total 816 2 197 52 26.40% n 36.55% S32900~CHULA VISTA Polling 1141 I 79 tl 13.92% 26 32.91% Mail 1141 1 178 36 20.2?% 66 37.08% Tota! 1141 2 257 47 18.29% 92 35.80% 532920-CHLi'LA VISTA 2-48 COUNTY OF SAN DIEGO Oale:06/30108 DIRECT PRIMARY ELECTION Time:10:57:J9 Page:34 of 45 Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3, 4 CITY OF CHULA VISTA COUNCIL - SEAT NO, 4 Reg. Voters Vote For Total Votes PATRICIA AGUILAR SCOTI VINSON Polling 877 I 83 !7 20.48% 32 38.55% Mail 877 I 79 10 12.66% 35 44,30% Tota! 877 2 162 27 16.67% 67 41.36% 5JJOIO-CHULA VISTA Polling 419 I 23 5 21.74% 9 39.13% Mail 419 I 33 12 31.58% 10 26.32% Total 419 2 61 17 27.87% 19 31.l5% 533020-CHULA VISTA Polling 1305 I 74 18 24.32% 17 22.97% Mail 1305 I 165 34 20.61% 57 34.55% Total 1305 2 239 52 21.76% 74 30.96% 533050-CHULA VISTA Polling 819 I 78 20 25.64% 21 26.92% Mail 819 I 106 36 33.96% 25 23.58% Total 819 2 184 56 30.43% 46 25.00% 533060-CHULA VISTA Polling 1183 I III 29 26.13% 31 27.93% Mail 1188 I 138 29 21.01% 49 35.51% Tolal 1188 2 249 58 23.29"10 80 32.13% 533080~CHULA VISTA Polling 1347 I 82 23 28.05% 20 24.39% Mail 1347 1 134 31 23.13% 44 32.84% Total 1347 2 216 54 25.00% 64 29.63% 533l OO-CHULA VISTA Polling 1406 I 51 15 29.41% 7 13.73% Mail 1406 I 140 40 28.57% 33 23.57% Total 1406 2 191 55 28.80% 40 20.94% 533120-CHULA VISTA Polling 1533 I 64 16 25.00% 24 37.50% Mail 1533 I 142 41 28.87% 23 16.10% Total 1533 2 206 57 27.67% 47 22.82% 537700-CHULA VISTA paning 1266 I 135 40 29.63% 31 22.96% Mail 1266 I 165 43 26.06% 38 23.03% Total 1266 2 300 83 27.67% 69 23.00% 538300-CHULA VISTA Polling lO52 I 99 21 21.21% 19 19.19% Mail 1052 I 160 49 30.63% 37 23.13% TOlal lO52 2 259 70 27.03% 56 21.62% 5384 I O-CHULA VISTA Polling 783 I 69 7 10.14% 10 14.49% Mail 783 I 108 24 22.22% 25 23.15% Total 783 2 177 31 17-51% 35 19.77% 53860Q-CHULA VISTA Polling Ill6 I 82 27 32.93% 18 21.95% Mail 1116 I 210 45 2L43% 58 27.62% Total 1116 2 292 72 24.66% 76 26.03% 538810-CHULA VISTA poning 1201 I 163 39 23.93% 28 17.18% Mail 1201 I 249 59 23.69% 70 28.11% Total 1201 2 412 98 23.79% 98 23 .79% 539000-CHULA VISTA Polling 1161 1 l3l 32 24.43% 13 13.74% Mail 1161 I 179 49 27.37% 40 2235% Total 1161 2 310 81 26.13% 58 18.71% 53931 O-CffillA VISTA Polling 762 I 75 18 24.00% 20 26.67% Mail 762 I 89 33 37.08% It 12.36% Total 762 2 164 51 3LlG% 31 18.90% 999196.CHUL~ VISTA-VBM Polling 0 I 0 0 0 - 2-49 COUNTY OF SAN DIEGO Date:06/30/08 DIRECT PRIMi-illY ELECTION Time: 10:57:39 Tuesday, June 3, 2008 Pagc:35 of 45 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3, 4 CITY OF CHULA V EST A COlfN"CIL . SEAT NO.4 Reg. Voters Vole For Total Votes PATRICIA AGUILAR SCOTT VINSON M:Jil 0 [ 0 0 - 0 Toul 0 2 0 0 - 0 - 999202-CHIJLA VISTA-VBM Polling 7 I 0 0 - 0 Mail 7 I 2 I 50.00% 0 0.00% Total 7 2 2 [ 50.0001.. 0 0.00% 999209. VBM-A V Polling 0 I 0 0 - 0 - Mail 0 I 0 0 0 Total 0 2 0 0 - 0 - 999237-CHULA VISTANBM Polling 66 1 0 0 0 Ma.il 66 I 34 10 29.41% 8 23.53% Total 66 2 34 10 29.41% 8 23.53% Total Polling 96lO2 110 9707 2117 21.81% 3073 31.66% Mail 96102 llO 15309 3427 22.3')010 4906 32.05% Total 96lO2 220 25016 5544 22.!6% 7979 31.90% COUNTY-WIDE OFFICE COUNTY-WIDE OFFICES Polling 96102 110 9707 ZIt? 21.81% 3073 31.66% Mail 9610' llO 15309 3427 22.39% 4906 32.05% Total 96102 220 25016 5544 22.16% 7979 31.90% Total Polling 96102 llO 9707 2117 21.81% 3073 31.66% Mail 96102 llO 15309 3427 22.39% 4906 3;.05% Total 96102 220 25016 5544 22.16% 7979 31.90% CONGRESSION.A..L DIST'S 2001 51ST CONGRESSIONAL DIST poning 96102 110 9707 2117 21.81% 3073 31.66% Mail 96102 110 15309 3427 22.39";'; 4906 32.05% Total 96102 220 25016 5544 22.16% 7979 31.90% Total Polling 96102 110 9707 2117 21.81% 3073 31.66% Mail 96102 llO 15309 3427 22.39% 4906 32.05% Total 96102 220 25016 5544 22.16% 7979 31.90% STATE BOARD OF EQUALlZA TION 3RD BD OF EQUt\L DIST Polling 96102 llO 9707 2117 21.&1% 3073 31.66% Mail 96102 llO 15309 3427 22.39% 4906 32.05% Total 96102 220 25016 5544 22.16% 7979 31.90% Total Poiling 96102 llO 9707 2117 21.&1% 3073 31.66% Mail 96102 llO 15309 3427 22.1Q% 4906 3;.05% Total 96102 220 25016 5544 22.16% 7979 31.90% STATE SENATORlAL DISTS 2001 36TH SENATORIAL DIST Poiling 1305 2 74 18 24.32% 17 22.97% Mail 1305 2 165 34 20.61% 57 34-55% Total 1305 4 239 52 21.76% 74 30.96% 40TH SENATORIAL DIST Polling 94797 108 9633 2099 21.79% 3056 31.72% Mail 94797 108 151&.4 3393 22.40% 4849 32.02% Total 94797 216 24777 5492 22.17% 7905 31.90% Total Polling 96102 llO 9707 2117 21.81% 30,:3 31.66% Mail 96lO2 110 15309 3427 22.39% 4906 32.05% 2-50 COUNTY OF SAN DIEGO Date:06/30/08 DIRECT PRIMA.RY ELECTION Time: 1 0:57:39 Page:36 of 45 Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3. 4 CITY OF CHULA VISTA COUNCIL - SEAT NO.4 Reg. Voters Vote For Total Votes PATRICIA AGUILAR I scon VINSON I Total 96102 220 250[6 5544 22.16% 7979 31.90% STATE ASSEMBLY orSTS 200] 18TH ASSEMBLY DtST Polling 52198 59 4640 988 21.29% 1673 36.06% Mail 52198 59 7698 1646 2U8% 2647 34.39% Tata! 52198 11& 12338 2634 21.35% 4320 35.01'% 79TH ASSEMBLY DIST Polling 43904 5] 5067 1129 22.28% 1400 27.63% Mail 43904 51 7611 1781 23-40% 2259 29.6&% Total 43904 ]02 12678 2910 22.95% 3659 28.86% Total Polling 96102 110 9707 1117 21.81% 3073 31.66% Mail 96102 110 15300 3427 22.39% 4906 32.05% Total 96102 220 25016 5544 22.16% 7979 31.90% SUPERVISORLU. DISTRlCTS 2001 I ST SUPERVISORIAL DIST Polling 96102 1]0 9707 2117 21.81% 3073 31.66% Mail 96102 110 15309 3427 22.39% 4906 32.05% Total 96102 220 25016 5544 22.16% 7979 31.90% Total Polling 96102 110 9707 2117 21.81% 3073 31.66% Mail 96102 ]10 15309 3427 22.39% 4906 32.05% Total 96102 220 25016 5544 22.16% 7979 31.90% INCORP CITIES ~ OVERALL CHULA VISTA 525000-539500 Poiling 96102 110 9707 2117 21.81% 3073 31.66% Mail 96102 110 15309 3427 22.39% 4906 32.05% Total 96102 220 25016 5544 21.16% 7979 31.90% Total Polling 96102 no 9707 2117 21.81% 3073 31.66% Mail 96t02 110 15309 3427 22.39% 4906 32.05% Total 96102 220 25016 5544 22.16% 7979 31.90% INCORP CITY COlJNCIL DISTS 2001 No Matching District Polling 96102 llO 9707 2117 21.81% 3073 .31.66% Mail 96102 110 15309 3427 22.39% 4906 32.05% Total 96102 220 25016 5544 22.16% 7979 31.90% Total Polling 96102 110 9707 2117 21.81% 3073 31.66% Mail 96102 110 15309 3427 22.39"10 4906 32.05% Total 96102 220 25016 5544 22.16% 7979 31.90% 2-51 COUNTY OF SAN DIEGO Date:06/JO/08 DIRECT PRIM.-'\RY ELECTION Time:lO:57:J9 Tuesday, June 3, 2008 Page:37 of 45 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3, 4 CITY OF' CHUlA VISTA COUNCIL. SEAT NO.4 PAT MORIARTY STEVE CASTANEDA Jurisdiction Wide 525100-CHULA VISTA Polling 11 10.39% 4[ 40.59~' Maii [2 3.76% 58 42.340/, Total 23 9.66% 99 41.60'X 525300-CHULA VISTA Polling 18 15.65% 50 43.4&<;'-; Mail 21 12.88% 61 37.420/. Total 39 14.03% 1I1 39.930/, 525500-Cl-ftJLA VISTA Polling 26 18.71% 53 38.130/, Mail 33 17.93% 68 36_96'Y~ Total 59 18.27% 121 37.460/, 525600-CHULA VISTA Polling 26 15.66% 49 29.520/, Mail 41 17.90% 53 23.140/, Total 67 16.96% 102 25.82~ 525700-CHULA VISTA Polling 5 13.89% 13 36.l!"A Mail 16 12.50% 43 37.50% Tot.2.l 21 12.80% 61 37.20"1( S25810~CHULA VISTA Polling 15 10.00% 62 41.330/, Mail 40 20.83% 58 30.21% Total 55 16.08% 120 35.09~ 526tOO-CHULA VISTA PolliIlg 21 15.44% 53 38.97% Mail 35 13.01% 87 32.34o/r Total 56 13.33% 140 34.570/< 526400-CHULA VISTA Polling 14 14.74% 34 35.790/, Mail 24 17.27% 38 27.340/< Total 38 16.24% 72 30.770/, 526410-CHULA VISTA Polling 16 23.88% 18 26.87% Mail 9 12.86% 19 27.140/, Total 25 18.25% 37 27.01% 526500-CHULA \f1STA Poiling 16 12.21% 43 32.820/, Mail 33 15.35% 75 34.88% Total 49 14.16% ll8 34.10% 526700-CHULA 'vlST A Polling 16 14.55% 42 38.18% Mail 27 14.06% 55 28.65% Total 43 14.24% 97 32.120/, 52671O-CHULA VISTA Polling 9 14.75% 16 26.23% Mail 26 19.70% 30 22.no/, Total 35 18.13% 46 23.83% 526900-CHULA VISTA Polling 8 7.92% 32 31.68% Mail 29 16.86% 45 26.16% Total 37 13.55% 77 28.21% 527200-CHULA VISTA Polling 1 333% 19 6333% Mail II 15.71% 18 25.71% Total 12 12.00% 37 37.000/~ 517800-CHULA VISTA Polling 9 7.44% 42 34.71% Mail 21 14.79% 38 26.76% Total 30 llAl% 80 30.42o/~ 2-52 CmJNTY OF SAN DIEGO 0'le:06/30/08 DIRECT PRIMA.RY ELECTION Time:10:57:39 Page:38 of 45 Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3, 4 CITY OF CHVLA VISTA COUNCIL 4 SEAT NO.4 PAT MORIARTY I STEVE CASTANEDA' i 523000-CHULA VISTA Polling 27 20.77% 35 26.920/, Mail 27 12.68% 76 35.68% Total 54 15.74% 111 32.360/. 52S100-CHULA VISTA Polling 13 18.06% 22 30.560/, Mail 12 14.12% 35 41.180/, Toul 25 15.92% 57 36.31\'~ 528200-CHULA VISTA Polling 5 9.80% 16 31.370/, Mail 16 19.75% 31 38.27% Total 21 ]5.91% 47 35.61% 523500-CHULA VISTA Polling 23 14.02% 51 3 !.l 00/, Mail 3D 16.57% 56 30.94% Total 53 15.36% 107 31.01% 528800-CHULA VISTA Polling 8 3.60% 29 3Ll8'X Mail 28 17.6l% 48 30.190/; Total 36 14.29% 77 30.560/. 528820~CHULA VISTA Polling 11 18.03% 13 21.31% Mail 13 16.46% 11 l3.92% Total 24 17.14% 24 17.14% 528900-CHULA VISTA Polling 1 1.67% 26 43.33% Mail 18 11.61% 43 27.740/, Toul 19 8.84% 69 32.09% 528910-CHULA VISTA Polling 17 12_98% 37 28.240/, Mail 27 10.93% 69 27.940/, Total 44 11.64% 106 28.04Y 528920~CHULA VISTA Polling. 14 9.86% 52 36.620/. Mail 27 11.69% 66 28.57% Total 41 10.99% 118 31.64% 528940~CHULA VISTA Polling 16 14.29% 31 27.68% Mail 31 14.98% 69 33.330/, Total 47 14.73% 100 3135% 528960~CHULA. VrST A Poning 11 8.73% 33 26.19% Mail 27 19_57".4 39 28.26% Total 38 14.39% 72 2727% 528970~CHlJLA VISTA Polling 19 18.45% 38 36.890/, Mail 27 15.43% 55 31.43% Total 46 16.55% 93 33.45% 529000~CHULA YlST A Polting 16 16.67% 21 21.88% Mail 12 11.65% 32 31.07% Total 28 14.07% 53 26.63% 529100~CHULA VISTA Polling 22 11.06% 48 24.12% Mail 43 16.23% 67 25.28% Total 65 14.01% lIS 24.78% 529300-CHULA VISTA Polling 13 10.48% 34 27.42% M::Jil 27 13.71% 49 24.87% Total I 4D 12.46% 83 25.86% 529500-CHULA \lIST A 2-53 COUNTY OF SAN DIEGO Dale:06/30/08 DIRECT PRlMicRY ELECTION Tirne:lO:57:39 Tuesday, June 3, 2008 Page:39 of 45 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3, 4 CITY Of CHULA VISTA COUNCIL - SEAT NO.4 PAT MORIARTY STEVE CASTANEDA Polling 7 18.42% 14 36.84"1< Mail 15 21.13% 13 18.31"1< Total 22 20.18% 17 24.77";; 529510.CHULA VISTA Polling 10 10.75% 35 37.630/, Mail 16 15.53% 31 30.100/, Total 26 13.27% 66 33.67% 529520~CHULA VISTA Polling 16 13.91% 56 48.70% Mail 24 14.12% 54 31.7M" Total 40 14.04% 110 38.60",1, 529600-CHULA VISTA Polling 8 13.79% II 18.970/, Mail 15 13.51% 17 24.320/. Total 23 13.61% 38 22-490/, 529700-CHULA V1STA Polling 12 14.46% 37 44.580/, Mail 16 14.41% 44 39.640/, Total 28 14.43% 81 41.75";; 529900-CHULA VISTA Polling 10 10.42% 47 48.96% Mail 9 8.82% 48 47.060/, Total 19 9.60% 95 47.98% 530110-CHULA VISTA Polling 16 14.68% 28 25.69% Mail 17 16.98% 47 29.56% Total 43 16.04% 75 27.990/, 530200-CHULA VISTA Polling 13 10.74% 30 24.79% Mail 18 12.68% 33 23.24% Total 31 11.79% 63 23.95'X 530400-CHULA VISTA Polling 10 11.1l% 35 38.89% Mail 27 14.84% 34 18.68% Total 37 13.60% 69 25.37'X 530500-CHULA VISTA Polling 17 16.83% 24 23.76% Mail 17 18.68% 24 26.37'X Total J4 17.71% 48 25.00% 530510-CHULA VISTA Polling 15 13.64% 37 33.64% Mail 23 14.65% 48 30.57% Total 38 14.23% 85 31.84% 530700.CHULA VISTA Polling 1] 14.13% 34 36.96% Mail 15 13.51% 35 31.53% Total 28 13.79% 69 33.99% 530710.CHULA VISTA Polling 7 7.69% 27 29.67% Mail 16 16.00% 35 35.00% Total 23 12.04% 62 32.46% 531oo0-CHULA VISTA PoHing 19 19.00% 41 41.00% Mail 31 14.29% 69 31.80% Tota! 50 15.77% 110 34.70% 53109Q.CHULA VISTA Polling 17 14.41% 50 42.37% Mail 22 12.02% 77 42.08% Total 39 12.96% 127 42.19'X S:;tllO-CIfu1.A VISTA Polling 16 15.09% 31 2925% 2-54 COUNTY OF SAN DIEGO Do,e:06/]0/08 DIRECT PRIMARY ELECTION Time: 10:57:]9 Poge:40 of 4S Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3, 4 CITY Of CHULA VISTA COUNCIL. SEAT NO.4 PAT MORIARTY STEVE CASTANEDA Mail I 30 15.71% 64 33.5! ~I: Total 46 15.49% 95 31_99~l 53 1 20Q-CHULA VISTA Polling II 18.97% 15 25.360/< Mail 15 15.79% 23 24.210/. Total 26 16.99% 3& 24.84'J/ 531390-CHULA VISTA Polling 23 19.17% 44 36.67'X Mail 28 14.29% 63 32.14~? Total 51 16.14% 107 D.86'X 531400-CHULA VISTA Polling 5 6.94% 36 50.00o/c Mail 3 4.29% 29 41.430/. Total 8 5.63% 65 45.770/< 53 I 720-CHULA VISTA Polling 1S 17.14% 30 28.570/< Mail 32 19.05% 60 35.71% Total 50 18.32% 90 32.97% 53174Q-CHULA VISTA Polling 14 18.92% 23 31.080/< Mail 20 13.70% 46 31.51% Total 34 15.45% 69 31.36% 53183Q-CHULA VISTA Polling 14 16.67% 28 33.33% Mail 8 7.48% 36 33.64'X Total 22 11.52% 64 33.51"1( 531860-CHULA VISTA Polling 0 0.00% 18 40.910/< Mail 13 11.93% 38 34.86% Tota! 13 8.50% 56 36.60% 531870-CHULA VISTA. Polling 14 10.94% 50 39.06% Mail 31 18.56% 50 29.94% Total 45 15.25% 100 33.90% 53 I 880-CHULA VISTA Polling 7 22.58% 5 16.13% Mail 8 11.94% 17 25.37% Total 15 15.31% 22 22.45% 531890.CHULA VISTA Polling 10 32.26% 5 16.13% Mail 10 15.63% 20 31.25% Total 20 21.05% 25 2.6.32% 531900-CHULA VISTA Polling 23 18.25% 34 26.98% Mail 24 11.27% 64 30.05% Total 47 13.86% 98 28.91% 531930-CHULA VISTA Polling 15 16.48% 30 32_97% Mail 51 18.21% 83 29.64% Total 66 17.79% 113 30.46% 531940-CHULA VISTA Polling 11 16.42% 17 25.37% Mail 24 15.58% 50 32.470/. Total 35 15.34% 67 3032% 53 ! 950-CHULA. VISTA Polling '3 19.40% 22 32.84% Mail 11 13.92% 22 27.85% Total 24 16.44% 44 30.14% 5321OQ..CHULA VISTA Polling 14 12.39% S6 49.56% Mail 31 16.94% 67 36.61% 2-55 COUNTY OF SAN DIEGO Date:06/30108 DIRECT PRIMARY ELECTION Time: 10:57:39 Page:41 of 45 Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3, 4 CITY Of CHULA VISTA COUNCIL - SEAT NO.4 PAT MORIARTY STEVE CASTA,\/EDA Total 45 b.20% 123 41.55% 532120-CHULA VISTA Polling 8 12.50% 17 26.56% ~{ail II 10.78% 37 36.270/< Total 19 11.45% 54 32.53% 532190-CHULA VISTA Polling 3 6.82% 17 32.64% Mail 5 12.50% 15 37.50% Total 8 9.52% 32 32.10% 532200-CHULA VISTA Polling 19 13.57% 61 43.57~'" Mail 24 14.72% 55 33.74% Total 43 14.19% 116 38.18% 532290-CHULA VISTA Polling 8 7.84% 43 42.16'>;< Mail 16 12.12% 50 37.88% Total 24 10.26% 93 39.74% 532320-CHULA VISTA Polling 16 17.78% 27 30.00o/c Mail 24 16.55% 47 32.410/, Total 40 17.02% 74 31.49";( 532330-CHULA VISTA Polling 9 13.24% 20 29.410/. Mail 9 11.84% 32 42.11% Total 18 12.50% 52 36.11% 532340-CHULA VISTA Polling 12 14.46% 27 32.53% Mail 17 16.04% 38 35.85% Tota! 29 15.34% 65 34390/. 532380-CHlJLA VISTA Polling I' 12.17% 29 25.220/< Mail '3 10.00% 69 30.000/. Tota! 37 10.72% 98 28.410/< 532470-CHULA VISTA Polling 3 5.66% 15 28.30% Mail 21 22.11% 31 32.63% Total 2. 16.22% 46 3 L080/. 532490-CHVLA VISTA Polling 3 4.35% 15 21.740/< Mail 19 13.57% 42 30.00% Total 22 10.53% 57 2727% 532500-CHULA VISTA Polling 13 16.46% 18 22.78% Mail 8 6.15% 32 24.62'Yt Total 21 10.05% 50 23_92% 532510-CHULA VISTA Polling 3 4.&4% 21 33.87% Mail 19 14.07% 33 24.44% Total 22 ILl7% 54 27.41'Yt 532570-CHULA VISTA Pollrng 5 11.11% 10 22.22% Mail 5 735% 19 27.94'Yt Total 10 8.85% 29 25.66'Yt 532580-CHULA VISTA Polling 5 11.90% 12 2S.57'X Mail 15 21.13% 27 38.03% Total 20 17.70% 39 34_51% 532600-CHULA VISTA Polling 10 10.42% 21 21.88'V Mail 35 17.07% 60 29.27% Total 45 14.95% 81 26.91% 2-56 COlJNTY OF SAN DIEGO 0.to:06130/08 DIRECT PRIMARY ELECTION Time: 10:57:39 Page:42 of 45 Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3, 4 CITY OF CHULA VISTA COUNCIL - SEAT NO.4 PAT MORIARTY STEVE CASTANEDA 532610~CHULA VISTA Polling 3 833% 12 33.33o/j Mail 9 14.29% 23 36510/, Total .2 12.12% 35 3535o/~ 532620-CHULA VISTA Polling tJ 11.82% 25 22.730/. Mail 20 9.66% 57 27.54% Total 33 10041% 82 25.87% S32630-CffilLA VISTA Polling .2 11.54% 24 23.080/. Mail 16 14.31% 42 38.89% Total 28 13.21% 66 3Ll3o/c 532650-CHULA VISTA Polling 8 12.70% 12 19.05% Mail 12 lU8% 33 32.670/, Total 20 12.20% 45 27.44"'1< 532660-CHULA VISTA Polling 11 9.09% .8 14.83% Mail 20 13.51% 41 27.700/, Total 31 11.52% 59 21.930/. 532700-CHULA VISTA Polling 17 18.28% 23 24.730/. Mail 25 15.72% 32 20.130/, Total 42 16.67% 55 21.83% 5327!O.CHULA VISTA Polling 8 11.43% 22 31.43% Mail 25 12.38% 75 37.13% Total 33 12.13% 97 35.66% 532730-CHULA VISTA Polling 8 1333% 15 25_00% Mail 17 11.41% 34 22.82% Total 25 11.96% 49 23.44% 531770-CHULA VISTA Polling 12 9.76% 42 34.15% Mail 10 9.26% 25 13.15% Total 12 9.52% 67 29.00% 532790-CHULA VISTA Polling 6 7.23% 25 30.12% Mail 18 10.65% 58 34.32% Total . 24 952% 83 32.94% 532820-CHULA VISTA Polling 14 15.38% 16 17.58% Mail 13 10.00% 31 23.85% Total 27 11.22% 47 21.27% 532830-CHULA VISTA Poliing 11 15.49% 21 29.58% Mail 20 21.28% 33 35.llY Total 3i 18.79% 54 32_73% 532870-CHULA VISTA Polling 23 22.12% 26 25.00~/ Mail 16 11.19% 49 34..27% Total 39 15.79% 75 30.36% 532890-CHULA VISTA Polling 9 12.50% 20 27.78% Mail !5 12.00% 29 23.20% Total 24 12.18% 49 24.87'}/ 53290O-CHULA VISTA Polling 16 20_25% 25 31.65% Mail 26 14.61% 50 28.09% Total 42 16.34% 75 29.180/. 532920-CHULA VISTA 2-57 COUNTY OF SAN DIEGO Oale:06/30/08 DIRECT PRIMARY ELECTION Time: 10:57:39 Tuesday, June 3, 2008 Pagc:43 of 45 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3, 4 CITY OF CHULA VISTA COUNCIL. SEAT NO.4 PAT MORIARTY STEVE CASTANEDA Polling 15 18.07% 19 22.89'%' Mail 11 13,92% 23 29.11% Total 26 16.05% 42 25.93% 533010-CHlH.A VISTA Polling 4 17.39% 5 21.74% Mail 1 2.630/, 15 39.47o/J Tota] 5 8.20% 20 32.79% 533020-CHULA VISTA Polling 13 17.57% 26 35.14'Y. Mail 28 16.97% 46 27.88% Total 41 17.15% 72 )D.l3'X 533050-CHULA VISTA Polling 9 11.54% 28 35.90% Mail 18 16.98% 26 24.53~J Total 27 14.67% 54 29.35% 53306O-CHULA VISTA Polling 17 15.32% 34 30.630,.{ Mail 24 17.39% 36 26.090/. Total 41 16.47% 70 28.11% 533080-CHULA VISTA Polling 11 13.41% 27 32.93% Mail 18 13.43% 40 29.850/, Total 29 13.43% 67 31.020/, 533100.CHULA VISTA Polling 9 17.65% 18 35.29% Mail 37 26.43% 30 21.43o/J Total 46 24.08% 48 25.13% 5J3120-CHULA VISTA Polling 5 7.81% 19 29.69o/c Mail 34 23.94% 43 30.28'}-: Total 39 18.93% 62 30.!Oo/c 537700-CHULA VISTA Polling 21 15.56% 43 31.85% Mail 39 23.64% 45 27.27% Total 60 20.00% 88 29.330/, 538300-CHULA VrSTA Polling 12 12.12% 47 47.47% Mail 19 11.88% 54 33.75o/c Total 31 11.97% 101 39.000/.: 53&410-CHULA VISTA Polling 7 10.14% 45 6522"1. Mail 20 18.52% 39 36.1 to/, Total 27 15.25% 84 47.46% 538600-CHULA VISTA Polling 14 17.07% 23 28.05% Mail 32 15.24% 75 35.71% Total 46 15.75% 9' 33.56% 53881O-CHULA VISTA Polling 22 13.50% 74 45.40% Mail 29 11.65% 91 36.55% Total 51 12.38% 165 40.05% 539000-CHULA VrSTA Polling 22 16.79% 58 44.27% Mail 14 7.82% 75 41.90% Total 36 11.61% 133 42.90% 53931O-CHULA V1STA Polling 4 533% 33 44.00o/c Mail 12 13.48% 33 37.08% Total 16 9.76% 66 40.24% 999196-CHt.J1..A VISTA~VBM Polling 0 - 0 2-58 COUNTY OF SAN DIEGO Date:06130/08 DIRECT PRIMARY ELECTION Timc:10:57:J9 Pagc:44 of 45 Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA SEAT 3, 4 CITY OF CHULA VISTA COUNCIL. SEAT NO.4 PAT MORIARTY STEVE CAST.WEDA Mail 0 0 Total 0 0 999202-CHULA VISTA.YBM Polling 0 . 0 Mail 0 0.00% I 50.00% Total 0 0.00% I 50,000/< 999209- VBM.A V Polling 0 - 0 Mail 0 0 Totzl 0 0 999237-CHULA VISTANSM Polling 0 - 0 Mail 5 14.71% II 32.35% Total 5 14.71% II 32.35% Total Polling 1]12 13.52% 3181 32.77% Mail 2:227 14.55% 4730 30.900/, Total 3539 14.15% 7911 31.62% COUNTY-WIDE OFFiCE COUNTY-WIDE OFFICES Polling 1312 13.52% 3181 32.77% Mail 7227 14.55% 4730 30.90% Total 3539 14.15% 7911 31.620/0 Total Polling 1312 13.52% ]]8l 32.77% Mail 2227 14.55% 4730 30.90% Total 3539 14.15% 79J1 31.62% CONGRESSIONAL DlST'S 2001 51ST CONGRESSIONAL DIST Polling 1312 1352% 3181 32.77% Mail 2227 14.55% 4730 30.90% Tota! 3539 14.15% 7911 31.62% Total Polling 1312 13.52% 3181 32.n% Mai! 2227 14.55% 4730 30.9000 Total 3539 14.15% 7911 31.62% STATE BOARD OF EQUALIZATION 3RD BD OF EQUAL DIST PoUing 1312 13.52% 3181 32.n% Mail 2727 14.55% 4730 30.90'X Total 3539 ]4.15% 7911 31-62% Total Polling 1312 13.52% 3181 32.77% Mail 2227 14.55% 4730 30.90% Total 3539 14.15% 7911 31.62% STATE SENATORIAL DISTS 2001 36TH SENATORIAL DIST Polling 13 17.57% 26 35.14% Mail 28 16.97% 46 27.88% Total 41 17.15% 72 30.13% 40TH SENATORIAL DIST Polling 1299 13.48% 3155 32.750/. Mail 2199 14.52% 4684 30.930/ Total 3498 14.12% 7839 3L64"A Total Polling 1312 1.3.52% 3181 32..77(f Mail 2227 14.55% 4730 30.90% 2-59 COUNTY OF SAN DIEGO Da'e:06130108 DIRECT PRIMARY ELECTION Time: 10:57:39 Tuesday, June 3, 2008 Page:45 of 45 Official Canvass (San Diego County Only) CITY OF CHULA vlSTA SEAT 3 4 , CITY OF CHULA VISTA COUNCIL. SEAT NO.4 PAT MORJARTY STEVE CASTA.l\lEDA Tou! 3539 14.15% 7911 31.620/< 5T A TE ASSEMBLY DISTS 200 I 78TH ASSEMBLY DIST Polling 631 13.60% 1334 28.75% Mail 1098 14.26% 2294 29.800/, Total 1729 J4~Ol% 3628 29.410/, 79TH ASSEMBLY DIST Polling 681 13.44% 1847 36.45% Mail 11"9 14.83% 2436 32.01% Total 1810 14.28% 4283 33.78% Total Polling 1312 13.52% 3181 32.770/. Mail 22'7 14.55% 4730 30.900 Total 3539 14.15% 7911 31.620/, SUPERVISORIAL DrSTRICTs 2001 1ST SUPER VISORlAL DIST Polling 1312 \3.52% 3!81 32.770/, Mail 2227 14.55% 4730 30.90"1< Total 3539 14.15% 7911 31.62% Tota! Poliing 1312 13.52% 3181 32.77% Mail 2227 14.55% 4730 30.900/, Total 3539 14.15% 7911 31.620/, LNCORP CITIES. OVERALL CHULA VISTA 525000.539500 Polling 1312 13.52% 3181 32.770/, Mail 2227 14.55% 4730 30.90% Total 3539 14.15% 7911 31.620/, Tota! Polling 1312 13.52% 3181 32.77% Mail 2227 14.55% 4730 30.900/< Total 3539 14.15% 7911 31.620/, rnCORP CITY COUNCIL DIST'S 2001 No Matching District Polling 1312 13.52% 3181 32.77% Mail 2227 14.55% 4730 30.900/, Total 3539 14.15% 7911 31.62% Total Poliing 1312 13.52% 3181 31.770/, Mail 2127 14.55% 4730 30.900/, Total 3539 14.15% 7911 31'.620/< 2-60 COUN I Y OF SAN DIEGO Oa,e:06130;08 DIRECT PRlMARY ELECTION Time: 13 :29:26 Page: 1 of i8 Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA - PROP E TUR.~ OUT Reg. Voters Cards Cast % Turnout Jurisdiction Wide 5251 OO~CHULA VISTA Polling 1105 106 9.59% Mail 1105 138 12.490/, Total l!O5 244 22.08~/ 52530Q-CHULA VISTA Pol(ing 1098 129 11.75% Mail 1098 174 15.8Sa,{ Total 1098 303 27.6()'X 525500~CHULA VISTA Polling 939 147 15.65% Mail 939 205 21.83~1 Total 939 352 37.49% 525600.CI-fULA VISTA Polling 1169 183 15.65% Mail 1169 245 20.96% Total 1169 428 36.61% 525700-CHULA VISTA Polling 301 45 14.95% Mail 301 154 51.l6o/c Total 3D! 199 66.11% 525810-CHULA VISTA Polling Il2S 160 14.18% Mail 1128 204 18.09% Total 1128 364 32.27% 526100-CHULA VISTA Polling 1290 144 11.16% Mail 1290 291 22.56% Total 1290 435 33.72% 52640Q-CHULA VISTA Polling 862 !O1 11.72o/c Mail 862 147 17.050/. Total 862 248 28.77% 526410-CHULA VISTA Polling 368 69 18.75% Mail 368 71 19.29% Tolal 368 140 38.04% 526500-CHULA VISTA Polling 1064 141 13.25% Mail 1064 225 21.15% Total 1064 366 34.40% 526700-CHULA VISTA Polling 852 118 13.85% Mail 852 196 23.000/. Total 852 314 36.85% 52671 O-CHULA VlST A Polling 549 65 11.84% Mail 549 143 26.05% Total 549 208 37.89~ 526900-CHULA VISTA Polling 1053 105 9_970/< Mail 1053 191 18.14% Total 1053 296 28_110/. 527200-CHTJLJ\ VISTA Polling 624 35 5.61% Mail 624 72 11.54% Total 624 107 17.15% 527800-CHULA VISTA Polling 762 130 17.06% Mail 762 153 20.08"1c Total 762 283 37_14~1 2-61 COUNTY OF SAN DIEGO Date:06130108 DIRECT PRIMARY ELECTION Time: 13:29:26 Page:2 of 18 Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA - PROP E TUR..'lOUT Reg. Voters Cards Cast % TllmQut 523000-CHULA VISTA Polling 1094 141 12.89% Mail 1094 231 21.12o/. Total 1094 372 34.00% 528100-CHULA VISTA Polling 595 75 12.61% Mail 595 88 14.79% Tala! 595 163 27.39%1 528200-CHULA VISTA Polling 382 55 14.40o/J Mail 382 84 21.99"1c Total 382 139 36.39% 528500-CHULA VISTA PaHing 932 172 18.45~1c Mail 932 196 21.03% Total 932 368 39.48% 52880D-CHULA VISTA Polling , 659 101 15.33o/c Mail 659 166 15.190/. . Total 659 267 40.520/ 528820-CHULA VISTA Polling 648 66 10.19% Mail 648 95 14.66% Total 648 161 24.85% 528900-CHULA VISTA Polling 573 68 11.87% Mail 573 163 "'8.450/. Total 573 231 40.31% 528910-CHULA VISTA Polling 1174 142 12.100/, Mail 1174 261 22.230/0 Total 1174 403 34.330,.{ 528920-CHULA VISTA Polling liS! 149 12.62% Mail lIS1 252 21.34% Total tlSI 401 33.95% 528940-CHULA VISTA Polling 1240 124 10.00% Mail 1240 220 17.74% Total 1240 344 27.74% 528960-CHULA VISTA Polling 1025 133 12.98% Mail 1025 146 1424% Total 1025 279 2722% 528970-CHULA VISTA Polling 1166 ltl 9.52% Mail 1166 190 16.30~ Total 1166 30t 25.81% 529000-CHULA VISTA Polling 489 tol 20.65% Mail 489 ltO 22.49% Total 489 211 43.15% 529100-CHULA VISTA Polling 1091 209 19.16% . Mail 1091 286 26.21% Total 1091 495 45.37% 529300-CHULA "1ST A poning 980 132 13.47% M:lil 980 213 21.73% - Total 529500-CHULA VISTA 980 34) 3)200/1 2-62 COUNTY OF SAN DIEGO Date:06/30/08 DIRECT PRIMARY ELECTION Time: 13 :29:26 Page:3 of 18 Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA - PROP E TURN OUT Reg. Voters CardsC.1St 1% I T"rno"' Polling 418 40 9.57% Mail 418 7} 17.46% Toeal 418 113 27.03% 5295 1 O.CH1JLA VISTA Polling 816 95 l1.64~t Mail 816 107 13.11% Total 816 202 24.75% 529520-CHULA VISTA Polling 1238 121 9.77"/ Mail 1238 180 14.54% Total 1238 301 24.31% 52960Q-CHULA VISTA Polling 555 64 11.53% Mail 555 116 20.90% Total .555 t80 32.43% 52970Q-CHULA VISTA Polling 967 87 9.000/( Mail 967 119 123l% Total 967 206 21,30% 529900-CHULA VISTA Polling 899 101 11.23o/c Mail 899 110 12.24% Total 899 211 23.47% 530110-CHUlA VISTA Polling 898 117 13.03o/c Mail 898 171 19.04% Total 898 288 32.07% 530200-CHULA VISTA Polling 860 127 14.77% M2.i! 860 149 17.33% Total 860 276 32.09% 530400-CHULA VISTA Polling 903 93 10.30% Mail 903 192 21.26% Total 903 285 3L56% 530500-CHULA VISTA Polling 564 107 18.97% Mail 564 94 16.67% Tota! 564 201 35.64% 5305 1 O-CHULA VISTA Polling 1043 121 11.60% Mail l043 172 16A9o/, Total 1043 293 28.09% 530700~CHULA VlST A Polling 703 97 13.80% Mail 703 115 16.36% Total 703 212 30.16% 53071 O~CHULA VISTA Polling 643 94 14.62% Mail 643 104 16.17% Total 643 198 30.79"1< 53100O-CHULA VISTA Polling 1063 101 9.50% Mail 1063 220 20.70o/c Total 1063 321 30.20% 531090-CHULA VISTA Polling 1090 125 11A7% Mail 1090 190 17.43~/ Total 1090 315 28.90% 531110-CHULA VISTA Polling 1029 110 10.69% 2-63 COUNTY OF SAN DIEGO 0.,e:06130108 DIRECT PRIMA.R Y ELECTION Time: 13 :29:26 Tuesday, June 3, 2008 Page:4 of 18 Official Canvass (San Diego County Only) CITY OF CHULA VISTA - PROP E roR...'l OUT Reg. Voters Cards Cast % Turnout Mail 1029 205 19.92% Total 1029 liS 30.61~1 5)1200~CHUL\ VISTA Polling 426 61 14.32~/ Mail 426 102 23.94'X Tota! 426 163 38.26% 53lJ90-CHliLA VISTA PoUing 1067 136 12.750/. Mail 1067 201 t9.03% Total 1067 339 31.77'r( 531400-CHtJLA VISTA Polling 651 7l 11.21% Mail 651 74 11.37';{ Total 651 147 22.58% 531720-CHULA VISTA Polling 1297 t22 9.41% Mail 1297 182 14.03% Total 1297 J04 23.44% 5J1740-CHULA VISTA Polling 94J 76 8.060/. Mail 941 151 16.01% Total 94J 227 24.07% 53l8JO-CHULA VISTA Polling 614 88 14.33% Mail 614 IlJ [8.40% Tota! 614 lOl 32.74% 53l860~CHULA VISTA Polling 558 47 8.42% Mail 558 llJ ?O.25% Total 558 160 28.67% 531870-CHULA VISTA Polling 1305 133 lO.t9'X Mail 1305 180 13.79% Total 1305 3lJ 23.98% 53 1 880-CHULA VISTA Polling 627 33 5.26% Mail 627 75 11.96"i< Total 627 108 17.220/. 53 1 890-CHULA VISTA Polling 814 32 3.93% Mail 814 71 8.72% Total 814 IOJ 12.65% 53190O-CHULA VISTA Polling 1186 128 10.79% Mail 1186 225 18.97% Tota! 1186 353 29.76% 53 I 93Q-CHULA VISTA Polling 1450 95 6.55% Mail 1450 296 20.41% Totai 1450 391 26.97% 531940-CHULA VISTA Polling 905 71 7.8.5% Mail 905 166 18.34% Tota! 905 237 26.19% 531950-CHULA VISTA Polling 804 7] 8.83% Mail 804 86 10.70% Tota! 804 157 1953% 53210Q-CHULA VISTA Polling 981 ]20 12.23% Mail 981 190 1937% 2-64 COUNTY OF SAN DIEGO Da1e:06130/08 DIRECT PRIMARY ELECTION Time:13:29:26 Page:5 of 18 Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA - PROP E TUR.:'l OUT Reg. Voters Cards Cast % Turnout Total I 981 3iO 31.600/, 532120-CHULA VISTA Poning 593 68 11.47~1 Mail 59J 105 17.71% Total I 593 173 29.l7~1 532 1 90-CHULA VISTA Polling 316 46 14.560/, M3il 316 40 12.66~1. Total 316 86 2722~1 5322QQ.CHULA VISTA Polling 1484 142 9.57% Mail 1484 170 11.46o/c Total 1484 312 21.02% 532290-CHULA V!ST A Polling 1112 !O7 9.62% Mail 1H2 134 12.05% Total llll 241 21.6nl. 532320-CHULA VISTA Polling 1400 95 6.79% Mail 1400 t66 11.86% Total 1400 261 18.64% 532330-CHULA VTST A Polling 978 69 7.06% Mail 978 85 8.69% Total 978 154 15.75% 532340.CHULA VISTA Polling 747 88 11.78% Mail 747 116 15.53% Toul 747 204 2731% 532380--CHULA VISTA Polling 1458 120 8.23% Mail 1458 249 17.08% Total 1458 369 25.31% 532470-CHULA VISTA Polling 806 59 7.32% Mail 806 99 12.28% Total 806 158 19.60% 532490-CffULA VISTA Polling 795 74 931% Mail 795 149 18.74% Total 795 223 28.05% 532500-CHULA VISTA PoUing 703 90 12.80% Mail 703 141 20.06% Total 703 231 32.86% 532510-CHULA VlST A PoUing 599 71 11.85% Mai1 599 148 24.71% Total 599 219 36.56% 532570.CHULA VISTA Polling 359 51 14.76% Mail 359 74 20.61% Total 359 127 35.38% 532580-CHULA VISTA Polling 504 48 9.52% Mail 504 77 15.28% Total 504 12.5 24.80% 53260O-CHULA VISTA poning 1033 101 9.78% Mail 1033 225 21.78% Total I 1033 326 3156% 2-65 COUNTY OF SAN DIEGO Oate:06/30/08 DIRECT PRllvlA..RY ELECTION Time:13:29:26 Page:6 of 18 Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA - PROP E TUR.:.'IOUT Reg. Voters Cards Cast % Turnout 532610-CHULA VISTA Polling 52l '0 7.58~~ Mail 521 68 13.05% Total 521 108 20.73% 532620.CHULA VISTA Polling lOO9 118 11.69~~ Mail 1009 220 2 L80~l Toto! 1009 338 33.50~l 532630-CHULA VISTA Polling 1056 110 10.42% Mail 1056 117 11.08% Total 1056 227 21.500/. 53265(}..CHULA VISTA Polling 682 68 9.97% Maii 682 109 15.98% Total 682 177 25.95% 532660-CHULA VISTA Polting 962 135 14.03% . Mai! 962 172 17.88% Total 962 307 31.91% 532700-CHULA V!STA Polling 657 98 14.92% Mail 657 174 26.48% Total 657 272 41.40% 532710-CHULA VISTA Polling 821 73 8.89"1. Mat! 821 217 26.43% Total 811 290 3532% 532730.CHULA VISTA Polling 726 62 8.54% Mail 726 162 2'1.31"1< Total 726 22' 30.85% 532770-CHULA VISTA Polli..i1g 880 137 15.570/. Mail 880 115 13.07% Total 880 252 28.64% 532790-CHULA VISTA Paning 1047 89 8S00/, Mail 1047 183 17.480/, Total 1047 272 25.98% 532820-CHULA VISTA Polling 718 99 13.79% Mail 718 l39 19.36% Total 718 238 33_150/, 53283O--CHULA VISTA Polling 747 75 10.040/, Mail 747 102 13.65% Total 747 177 23.69% 532870-CHULA VISTA Polling. 1414 113 7.99";; Mail 1414 164 11.600/, Total 1414 277 19.59% 532890-CHULA VISTA Polling 816 82 10.05% Mail 816 l31 16.05% Toto! I 816 213 26.1 0% 53290o--CHULA VISTA Polling I 1141 86 7540/. Mail 1141 185 16210/, Toto! I 1141 271 23.75"/. 532920-CHULA VISTA I 2-66 COUNTY OF SAN DIEGO Oate:06130108 DIRECT PRIMARY ELECTION Tirne:lJ:29:26 Page:i of 18 Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA - PROP E TURN OUT Reg. Voters Caras Cast % Turnout Polling 817 90 10.26% Mail 877 85 9.69% Total I 377 175 19.95% 53JO!O-CHULA VISTA Polling 419 26 6210/, Mail 419 41 9.790/, Tctal 419 67 15.990/, 533020-CHULA VISTA Polling 1305 '0 6.13~1 Mail 1305 176 13.490/, Total 1305 256 19.62% 533050-CHULA VISTA Polling '19 83 10.13% Mail '19 113 13.800/, Total 819 196 23.93% 53306Q-CHULA VISTA Polling II" 116 9.76% Mail 1188 150 12.630/, Tota! I1gg 266 22.390/, I. 533080-CHULA YIST A Polling 1347 89 6.61% Mail 1347 146 10.84% Total 1347 235 17.45% 533100-CHULA VI$T A Polling 1406 57 4.05% Mail 1406 145 10.31% Total 1406 202 14.37% 533120-CHULA VISTA Polling 1533 68 4.44% Mail 1533 149 9.720/. Total 1533 2]7 14.16% 537700-CHULA VISTA Polling 1266 139 10.98% Mail 1266 175 13.820/. Total 1266 314 24.80% 538300-CHULA VISTA Polling 1052 107 10.17% Mail . 1052 163 15.97% Total 1052 275 26.14% 538410--CfWLA VISTA Polling 783 73 932% Mail 783 ill 14.18% Total 783 184 23.50% 538600--CHULA VrST A Polling 1116 88 7.89% Mail 1116 1i9 19.62% Total ill6 307 27.51% 5388 I O--CHULA VISTA paning 1201 175 14.57% Mail 1201 262 21.82% Tota! 1201 437 3639% 539000-CffilLA VISTA Polling 1161 140 12.06% Mait 1161 186 16.02% Total ll61 326 28.08% 53931O-CHULA VISTA Polling 762 8] 10.63% Mail 762 9! 11.94% Total I 762 172 22.57"1. 999196-CHULA VlSTA-VBM Polling 0 0 2-67 COUNTY OF SAN DIEGO Dale:06/30/0S DIRECT PRIMARY ELECTION Time: 13 :29:26 Page:S of IS Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA - PROP E TUlL"'! OVT Reg. Voters Cards Cast % Turnout Mail 0 0 Total 0 0 999202-CHULA VISTA~VBM Polting 7 0 O.OO~/ Mail 7 2 28.570/, Total 7 2 28.570/. 999209~ YBM-A V j Paning 0 0 Mail 0 0 Total 0 0 999237-CHULA VISTA.VBM Polling 66 0 O.OO~I Mali 66 36 54.55% Total 66 36 54.55% Total Polling 96102 10371 [0.79% Mail 96102 16345 17.01% Total 96102 26716 27.80% COUNTY-WIDE OFFICE COUNTY-WIDE OffICES Polling 96102 10371 10.79% Mail 96102 16345 17.01% Tot.:J.1 96102 26716 27.800/, TOlal Polling 96102 10371 10.79% Mail 96102 16345 17.010/, Total 96102 26716 27.80% CONGRESSlON.AL DIST'S 2001 51ST CONGRESSIONAL DIST Polling 96102 10371 10.790/( Mail 96102 16345 17.01% Total 96102 26716 27.80% Total PoEing 96102 10371 10.79% Mail 96102 16345 17.01% Total 96 i02 26716 27.80% STATE BOARD Of EQUALIZATION 3RD SO OF EQUAL DIST Polling 96102 10371 10.79% Mail 96102 16345 17.01% Total 96102 26716 27.80% Total PoUillg 96102 10371 10.79% Mail 96102 16345 17.01% Total 96102 26716 27.80% STATE SENATORlAL DISTS 2001 36TH SENA TaRlAL DIST Polling 1305 80 6.13% Mail D05 176 13.49% Total 1305 256 19.62% 40TH SENA TORlA.L DIST Polling 94797 10291 10.860/. Mail 94797 16169 17.06% Total 94797 26460 27.91% Total Polling 96102 10371 10.79% M:li1 96102 16345 17.01% 2-68 COUNTY OF SAN DIEGO Da'e:06130108 DIRECT PRIMARY ELECTION Time: 13:29:26 Page:9 of 18 Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA - PROP E TURN OUT Reg. Vclers Cards Cast '% I T:mout TOlal 96102 26716 27.80"1< STATE ASSEMBLY D!STS 2001 78TH ASSEMBLY DI5T Polling 52]98 4987 9.55% Mail 52198 8289 15.880/, Toul 52198 13276 15.43"1< 79TH ASSEMBLY DIST Polling 43904 5384 12.16% Mail 43904 8056 18.35% Total 43904 13440 30.61% Total Polling .. 96102 10371 10.79% Mail 96102 16345 17.01% Total 96102 26716 27.800/, SUPERVISORIAL DISTRlCTS 2001 1ST SUPERVISORI.A..L DIST Polling 96\02 10371 10.790/. Mail 96102 16345 17.01% Total 96102 26716 27.80% Total Polling 96102 10371 10.79% M:J.il 96\02 16345 17.01% Total 96102 26716 27.80% INCORP CITIES. OVER...A.LL CHULA VISTA 525000-539500 Polling 96102 10371 10.79% Mail 96102 16345 17.01% Total 96102 26716 27.80% Total Polting 96102 1037t 10.79% Mail 96102 16345 I7.01% Total 96]02 26716 27.80% rnCORP CITY COUNCIL DIST'S 2001 No Malching District Polling 96102 10371 10.79% Mail 96102 16345 17.010/, Total 96102 26716 27.80% Total Polling 96102 10371 10.79% Mail 96102 16345 17.010/. Total I 96102 26716 27.30% 2-69 COUNTY OF SAN DIEGO Date:06/30/08 DIRECT PRIMARY ELECTION Time: 13:29:26 Tuesday, June 3, 2008 Page:IOofl8 Official Canvass (San Diego County Only) CITY OF CHULA VISTA - PROP E PROP E - CITY Of CHULA VISTA Building Height Limits Reg. V Qlers Vote FOT ToLal Votes. YES NO Jurisdiction Wide 525100-CHUl.A VISTA Polling liDS i % 61 63.54% 35 36.460/, Mail nos I 132 81 61.36% 51 33.640/< Total i 105 2 228 142 62.28% 86 37.720/, 515300-CHULA visr A Polling 1098 1 118 55 46.61% 63 53.39% Mail 1098 I 168 96 57.14% i2 41.86% Tol2\ 1098 2 286 \51 52.80"1a 135 47.20% 525500-CHULA VISTA Polling 939 1 132 83 62.88% 49 37.120/, Mail 939 1 200 119 59.50% 81 40.50% Total 939 2 332 202 60.34% 130 39.160/, 525600-CHULA VISTA poning 1169 1 171 91 53.22% 80 46.780/, Mail 1169 I 131 136 58.87% 95 41.13% Total 1169 2 402 227 56.47% 175 43.530/"! 525700~CHl)LA VISTA 56.41~~ Polling 301 1 39 17 43.59% 22 Mail 301 1 148 71 47.97% 77 52.03% Total 301 2 187 88 47.06% 99 52.94% 52581O-CHULA VISTA Polling 1128 I 146 74 50.68% 72 49.320/. Mail 1128 I 200 106 53.00% 94 47.00% Total 1128 2 346 180 52.02% 166 47.980/. 52610Q-CHULA VISTA Polling 1290 I 13l 79 60.31% 52 39.69o/j Mail 1290 I 278 191 68.71% 87 31.29% Total 1290 2 409 270 66.01% 139 33.99'% 526400-CHULA VISTA Polling 862 1 100 48 48.00% 52 52.00% Maii 862 1 141 81 57.45% 60 42.55% Total 862 2 241 129 53.53% 112 46.47% 526410-CHlJLA VISTA Polling 368 1 60 33 55.00% 27 45.000/, Mail 368 1 70 32 45.71% 38 54.29o/c Total 368 2 130 65 50.00% 65 50.000/, 52650O-CHULA VISTA Polling 1064 I 133 70 52.63% 63 47.370/. Mail 1064 1 220 112 50.91% 108 49.09% Total 1064 - 353 182 51.56% 171 48.44% 526700-CHULA VISTA Polling 852 I III 56 50.45% 55 49.550/; Mail 852 1 193 104 53.890/. 89 46.110/; Total 852 2 304 160 52.63% 144 47.37% 526710-CHULA VISTA Polling 549 I 58 29 50.00% 29 50.00% Mail 549 I 143 77 53.85% 66 46.150/( Total 549 2 201 106 52.74% 95 4726% 526900-CHULA VISTA Polling 1053 1 99 56 56.57% 43 43.43% Mail 1053 1 186 94 50.54% 92 49.460;; Total 1053 2 285 150 52.63% 135 47.37% 52720Q-CHlJLA VISTA Polling 624 1 30 20 66.67% 10 33.33% Mail 624 1 70 40 57.14% 30 42.86'% Total 624 2 100 60 60.00% 40 40.000/, 527800-CHULA VISTA Polling 762 I 126 57 45.24% 69 54.760/. Mail 762 I 149 72 48_32% 77 51.68% Total I 762 2 275 129 46.91% 146 53.09% 2-70 COUNTY OF SAN DIEGO Date:06130108 DIRECT PRlMARY ELECTION Time: 13:29:26 Page: II of 18 Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA - PROP E PROP E - CITY OF CHULA VISTA Building Height Limits Reg. VOlers Vote For Total Votes YES INO 518000-CHULA VISTA Polling 1094 1 136 81 59.56% 55 40.440/< Mail 1094 1 2:20 pi 55.00% 99 45.00'V Total 1094 2 356 202 56.74% 154 43.26<>;; 5281 aO-CHULA VISTA Polling 595 1 72 43 59.72% 29 40.28"1< Mail 595 1 85 62 72.94% " 27.060/. -, Total 595 2 157 105 66.88% 52 33.12o/l 528200-CHULA VISTA Polling 382 1 48 27 56.25% 21 43.750/, Mail 382 1 83 43 51.81% 40 48.190/, Total 382 2 131 70 53.44% 61 46.56% 528500-CHULA V{ST A Polling 932 1 161 91 56.52% 70 43.48% Mail 932 1 190 103 54.21% 87 45.79% Toml 932 2 351 194 55.27% 157 44.730/, 528800-CHULA VISTA Polling 659 1 :96 45 46.88% 51 53.l3o/c Mail 659 1 163 78 47.85% 85 52.15",1, Total 659 2 259 123 47.49% 136 52.5]% 528820-CHULA VISTA Paning 648 I 61 28 45.90% 33 54.10% Mail 643 1 87 45 51.72% 42 48-28% Total 643 2 148 73 49.32% 75 50.68% 528900-CHULA VISTA Polling 573 I 62 24 38.71% 33 6L29% Mail 573 1 162 77 47.53% 85 52.47% Tota! 573 2 224 101 45.09% 123 54.91% 528910-CHULA VISTA Polling 1174 I 132 59 44.70% 73 55.30"lt Mai! 1174 I 257 121 47.08% 136 52.92% Total 1174 2 389 180 46.27% 209 53.73% 523920~CHULA VISTA Polling I1Sl 1 141 57 40.43% 84 59.57"1< Mail 1I8! 1 247 97 39.27% 150 60.73% Total lISl 2 383 154 39.69% 234 6031% 528940-CHULA VISTA Po1ling 1240 I 117 53 45.30% 64 54.70% Mail 1240 I 214 105 49.07% 109 50.93% Total 1240 2 331 158 47.73% 173 52.27% 528960-CHULA YIST A Polling 1025 1 132 62 46.97% 70 53.030/, Mail 1025 1 138 59 42.75% 79 57.250/, Total 1025 2 270 121 44.81% 149 55.19% 528970-CHULA VISTA Polling 1166 I 106 55 51.89% 51 48.11% Mail ll66 1 180 65 36.11% 115 63.89% Total 1166 2 286 120 41.96% 166 58.D4o/c 529000-CHULA VISTA Polli..-lg 489 1 95 34 35.79% 61 64.21% Mail 489 I 109 40 36.70% 69 63.30% Total 489 2 204 74 36.27% 130 63.73% 529100-CHULA VISTA Polling 1091 I 187 85 45.45% 102 54.55% Mail 1091 1 280 124 44.29% 156 55.7]% Total I 109! 2 467 209 44.75% 258 55.25% 529300-CHULA VISTA Polling 980 1 128 58 4531% 70 54.69% Mail 980 I 206 !1: 53.88% 95 46.12% , -- . . Total 529500-CHULA -VISTA 980 ,,4 169 50.60% 16) 49.40101 L 2-71 COlJNTY OF SAN DIEGO Date:06/30/08 DIRECT PRIMARY ELECTION Time: I 3 :29:26 Tuesday, June 3, 2008 Page:12 of 18 Official Canvass (San Diego County Only) CITY OF CHULA VISTA PROP E PROP E. CITY OF' CHULA VISTA Building Height Limils Reg. Voters Vote For Total Votes YES NO I - Polhng Mai! 4tS 413 ,9 71 23 58.97% 46 64 79% 16 4L03o/~ 25 352lo/J . Total 413 - llO 69 62.73% 41 37.27'% 529510-CHULA VISTA Polling 816 I 92 41 44.57% 51 55.430/, Mail 816 I 107 65 60.75% 42 39.25% Total 816 2 199 106 53.27% 93 46.73% 529520-CHULA VISTA Polling 1238 I 110 60 54.55% 50 45.450/, Mail 1238 I 174 104 59.77% 70 40.230/; Tolal 1238 2 284 164 57.75% 120 42.250/. ,529600-CHULA VISTA Polling 555 I 61 26 42.62% 35 57.380/. Mail 555 I III 72 64.86% 39 35.14";; Total 555 2 172 98 56.98% 74 43.020/, 529700-CHULA VISTA Polling 967 I 82 40 48_78% 42 51.22% Mail 967 I 117 76 64.96% 41 35.04"1< Total 967 2 199 ll6 58.29% 83 41.71"1< 529900-CHULA VISTA Polling 899 1 94 43 45.74% 51 54.26% Mail 899 1 103 63 61.17% 40 38.83'X Total 899 2 197 106 53.31% 91 46.190/. 53011O~CHULA VISTA Polting 893 1 104 58 55.77% 46 44.230/. Mail 893 I 165 97 58.79% 68 41.210/. Total 898 2 269 155 57.62% 114 42.380/. 5J020Q-CHULA VISTA Poiling 860 1 123 6} 51.22% 60 48.780/. Mail 860 1 143 86 60.14% 57 39.86'X Total 860 2 266 149 56.02% ll7 43.980/. 530400-CHULA VISTA Polling 903 I 82 31 37.80% 51 62.200/, Mail gO} 1 186 76 40.86% llO 59-14% Total 903 2 268 107 39.93% 161 60.070/. 530500-CHULA VISTA Polling 564 1 103 62 60.19% 41 39.810/, Mail 564 I 9' 43 45.74% 51 54.260/, Total 564 2 197 105 53.30% 92 46.700/. 530510-CHUlA VISTA Polling 1043 I 114 48 42.11% 66 57.890/. Mail \043 1 165 71 43.03% 9' 56.97% Total L043 2 279 119 42.65% 160 57.350/. 530700-CHULA VISTA Polling 703 I 85 53 62.35% 32 37.65% Mail 70} 1 Il2 53 47.32% 59 57.68% Total 703 2 197 106 53.81% 91 46.19% 5307] O-CHULA VlST A Polling 643 I 88 42 47.73% 46 52.27% Mail 643 1 102 57 55.&&% 45 44.12% Total 643 2 190 99 51.11% 91 47.89% 53 I OOO-CHULA VISTA Polling 1063 1 85 54 63.53% 31 36.47% Mail 1063 1 215 107 49.77% 108 50.23% Total 1063 2 300 161 53.67% 139 46330/. 531090-CHULA VISTA Polling 1090 1 120 64 53.33% 56 46.670/. Mail 1090 I 184 90 48.91% 94 51.09% Total 1090 2 304 154 50.66% 150 49.34% 531 110-CHULA VISTA Polling 102.9 I 93 47 50.54% 46 49.460/. 2-72 COUNTY OF SAN DIEGO Oate:06/30/08 DIRECT PRIMARY ELECTION Time: 13 :29:26 Page; 13 of 18 Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA - PROP E PROP E - CITY OF CHULA VISTA Building Height Limits Reg. Voters Vote For Tota1Yotes YES NO Mail 1029 1 200 100 50.00% 100 50.00% Tabl 1029 2 293 147 50.17% 146 49.83"1. 53 I:ZOO-CHULA VISTA Polling 426 1 58 28 48.28% 30 51.720/. Mail 426 1 99 42 42.42% 57 57.58"1< Total 426 2 157 70 44_59% 87 55.4 I"/, 531390-CHULA VISTA Polling 1067 1 113 74 65.49% 39 34.510/. Mail 1067 1 199 121 60.80% 78 39.20~/ Total 1067 2 312 195 62.50% 117 37.50";; 531400-CHULA VISTA Polling 651 1 60 30 50.00% 30 50.00"1 Mail 651 1 72 39 54.17% J3 45.8Jo/, Total 651 2 132 69 52.17% 63 47.730/. 531nO-CHULA VISTA Polling 1297 1 112 66 58.93% 46 41.070/. Mail 1297 1 175 67 38.29% 108 61-710/, Total 1297 - 287 133 46.34% 154 53.66";; 53! 740-CHUl.A VISTA Polling 943 1 75 34 45.33% 41 54_67% Mail 943 1 147 64 43.54% 83 56.460/, Total 943 2 222 98 44.14% 114 55_86'% 531830-CHULA VISTA Polling 614 1 78 36 46.15% 42 53.85% Mail 614 1 112 52 46.43% 60 5357'Y< Total 614 2 190 83 46.32% 102 53.68% 53 1 860-CHULA VISTA PoUing 558 1 44 19 43.18% 25 56.82o/c Mail 558 1 111 45 40.54% 66 59.460/. Total 558 2 155 64 41.29% 91 58.71% 531870~CHULA V1STA Polling 1305 1 128 49 38.28% 79 61.72% Mail 1305 1 175 79 45.14% 96 54.860/. Total 1305 2 303 128 42.24% 175 57.76% 53 I 880-CffULA VISTA Polling 627 1 33 11 33.33% 22 66.670/. Mail 627 1 70 31 44.29% 39 55.71% Total 627 2 103 42 40.78% 61 59.22% 531890-CHULA VISTA Polling 81' 1 31 14 45.16% ]7 54.84% Mail 814 1 66 29 43.94% 37 56.06% Total 8]' 2 97 43 4433% 54 55.67'J< 531900-CHULA VISTA Polling 1186 1 125 57 45.60% 68 54.40% Mail 1186 1 2]8 ]04 47.71% 114 52.29% Total 1186 2 343 161 46.94% ]82 53.06% 531930-CHULA VISTA Polling 1450 1 93 40 43.01% 53 56.99% Mail 1450 1 291 127 43.64% 164 56.36% Total 1450 2 384 167 43.49% 217 5651 ~/ 531940-CHULA VISTA Polling 905 ] 67 28 41.79% 39 58.21% Mail 905 1 156 64 41.03% 92 58.970/. Total 905 2 223 92 41.26% 1J1 58.74% 53 I 950-CHULA VISTA Polling 804 1 65 40 61.54% 25 38.46% Mail 804 1 86 40 46.51% 46 53.49% Total 804 2 151 80 52.98% 71 47.02% 532iOO-CHULA VISTA Polling 981 1 III 59 53.15% 52 46.85% Mail 981 1 183 115 62:&4% 68 37.16% 2-73 COUNTY OF SAN DIEGO D.lo:06/30/08 DIRECT PRIMARY ELECTION Time: 13:29:26 Tuesday, June 3, 2008 Page:14ofl8 Official Canvass (San Diego County Only) CITY OF CHULA VISTA - PROP E PROP E - CITY OF CHULA VISTA Building Height limits Reg. Voters Vote For Total Voles YES NO Total 981 2 294 174 59.18% 120 40.320/, 532120-CHULA VIST:\. Polling 593 I 62 32 51.61% 30 48.39~1 Mail 593 I 103 57 55.34% '6 44.660/. Tota, 593 2 165 39 53.94% 76 46.06% 532190-CHULA VISTA Polling 316 I 43 26 60.47% 17 39.530/. Mail 316 I 39 15 33.46% '4 61.54~1 Total 316 - 2 82 41 50.00% " 50.000/. 532200-Ch1JLA VISTA Polling 1484 I 128 61 47.66% 67 52.340/, Mail 1484 I 161 91 56.52% 70 43.480/, Total 1484 2 289 152 52.60% . 137 47.40% 532290-CHULA VISTA Polling 1112 I 98 47 47.96% 51 52.040/. Mail 1112 I 130 61 46.92% 69 53.080/, TOlal 1112 2 228 108 4,.37% 120 52.63"1 532320-CHULA VISTA Polling 1400 I 91 29 31.87% 62 68.13% Mail i400 I 159 55 34.59% 104 65.41% Total 1400 2 250 84 33.60% 166 66.40% 532330-CHULA VISTA poning 978 1 68 " 35.29% 44 64.710/< Mail 978 1 82 3' 41.46% 43 58.54% Total 978 2 150 58 38.67% 92 6l.33% 532340-CHULA VISTA Polling 747 1 87 27 31.03% 60 68.97% Mail 747 I III 36 32,43% 75 67570/, Total I 747 2 198 63 31.82% 135 68.18% 532380-CHULA VISTA Polling 1458 I 117 36 30.77% 81 69.230/. Mail 1458 I 247 85 34.41% 162 65.59% Total 1458 2 364 121 33.24% 243 66.76% 532470-CHULA VISTA Polling 806 ] 55 30 54.55% 25 45.45% Mail 806 ] 97 46 47.42% 51 52.58% Total 806 2 152 76 50.00% 76 50.00% 532490-CHULA VISTA Poiling 795 I 72 25 34.72% 47 65.28% Mail 795 1 144 77 53.47% 67 46.530/, Total 795 2 216 102 47.22% 114 52.78% 532500-CHULA VISTA Poiling 703 1 80 32 40.00% 48 60.00% Mail 703 I 139 40 28.78% 99 71.22% Total 703 2 219 72 32.88% 147 67.12% 53251O-CHULA VISTA Polling 599 I 66 32 48.48% 34 51.52% Mail 599 I 14I 52 36.88% 89 63.12o/c Total 599 2 207 &4 40.58% 123 59.42% 532570-CHULA VISTA Polling 359 I 50 18 36.00% 32 64.000/, Mail 359 I 73 21 28.77% " 71.23% Total 359 2 123 39 31.71% 84 68.29% 532580-CHULA VISTA poning 504 I 44 19 43.18% 25 56.820/. Mail I 504 I 75 45 60.00% 30 4D.OOo/, Total 504 2 119 64 53.78% 55 46.22";; 532600-CHULA VISTA Polling 1033 ! 96 38 39.58% 58 60.42% Mail 1033 I 217 34 38.71% 133 61.29% Total 1033 2 3t3 122 38-98% 191 61.02% 2-74 COUNTY OF SAN DIEGO Dale:06/30/08 DIRECT PRlMARY ELECTION Time: 13:29:26 Page:15 of 18 Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA - PROP E PROP E . CITY OF CHULA VISTA Building Height Limits Reg. Voters Vate For TotalYotes YES NO 532610-CHliLA VIS!:'.. Polling 521 1 40 14 35.00% 26 65.00% Mail 521 1 68 36 52.94% 32 47.06% Total 521 2 i08 50 46.30% 58 53.70% 532620-CHULA VISTA Polling 1009 I 114 49 42.98% 65 57.02% Mail 1009 1 215 94 43.72% 121 56.28% Tota! 1009 2 329 143 43.47% 186 56..53% 5326JO-CHULA VISTA Polling 1056 I 104 51 49.04% 53 50.96% Mail 1056 I 107 61 57.0]% 46 42.990/, Total 1056 2 211 112 53.08% 99 46.920/< 532650-CHULA VISTA Polling 682 1 66 21 3i.82% 45 68.18% Mail 682 1 105 41 39.05% 64 60.95% Total 682 2 171 62 36.26% 109 63.74% 532660-CHULA VISTA Polling 962 I 126 48 38.10% 78 61.90% Mail 962 I 164 63 38.41% 101 61.59% Total 962 2 290 111 38.28% 179 61.720/, 532700-CHULA VISTA Polling 657 I 95 32 33.68% 63 66.32"/( Mail 657 I 170 87 S1.l8% 83 48.82% Total 657 2 265 119 44.91% 146 55.09% 5327IO-CHULA VISTA Polling 821 1 69 26 37.68% 43 62.32% Mail 82[ 1 211 137 64.93% 74 35.07'X Total 821 2 280 163 58.21% 117 41.79% 532730-CHULA VISTA paning 726 I 61 19 31.15% 42 68.85% Mail 726 1 157 75 47.77% 82 52.23% Total 726 2 218 94 43.12% 124 56.88% 532770-CHULA VISTA Polling 880 1 129 44 34.11% 85 65.89% Mail 880 I 112 37 33.04% 75 66_96% Total 880 2 241 81 33.61% 160 66.39% 532790-CHULA VISTA Polling 1047 I 84 37 44.05% 47 55.950/. Mail 1047 1 176 75 42.61% 101 57.39% Tota! 1047 2 260 Il2 43.08% 148 56.92% 532820-CHULA VISTA Polling 718 1 92 39 42.39% 53 57.61~, Mail 718 i 137 42 30.66% 95 69.34% Total 7l.8 2 229 81 35.37% 148 64.63~/ 532830-CHULA VISTA Polling 747 I 71 32 45.07% 39 54.93% Mail 747 I 101 44 43.56% 57 56.44% Total 747 2 172 76 44.19% 96 55.810/. 532870.CHULA VISTA Polling 1414 1 102 47 46.08% 55 53.92% Mail 1414 1 153 67 43.79% 86 5621% Total 1414 2 255 114 44.71% 141 55.290/. 532890-CHULA VISTA POlliilg 816 I 73 26 35.62% 47 64.38% Mail 816 1 128 47 36.72% 81 63.28% Total 816 2 201 73 36.32% 128 63.68'V 532900-CHULA VISTA Polling 1141 1 82 30 36.59% 52 63.41% M.uJ llJ.1 1 182 74 40.06% 108 59.34% Total 1141. 2 264 104 39.39% 160 60.61% 532920-CHULA VISTA 2-75 COUNTY OF SAN DIEGO Date:06130i08 DIRECT PRIMARY ELECTION Time: 13 :29:26 Tuesday, June 3, 2008 Page:16 of 18 Official Canvass (San Diego County Only) CITY OF CHULA VISTA - PROP E I PROP E . CITY OF CHULA YIST A Building Height Limits Reg. Voters Vote For Tolal VOles I YES NO Polling 877 1 85 26 30.59% 59 69AI'Yj Mail 877 I 84 26 30.95% 58 69.05~1 Total 877 2 169 52 30.77% 117 69.230/. 53JOIO-CHULA VISTA Polling 419 1 25 3 32.00% 17 6&.OO~!: Mail 419 1 40 16 40.00% 2' 60.00~/ Total 419 2 65 24 36.92% 41 63.080/. S33020-CHlJU. VISTA Polling 1305 I 77 32 41..56% 45 58.440/, Mail 1305 I 17S 78 44.57% 97 55.43% Total 1305 2 252 110 43.65% 142 56.35% 5330SO-CHULA VISTA Poning 819 I 78 23 29.49% 55 70.51% Mail 819 1 107 47 43.93% 60 56.070/, Total 819 2 185 70 37.84% 115 62.16% 533060-CHULA VISTA Polling lI88 I 109 31 28.44% 78 71.560/. Mail 1188 1 141 70 49_65% 71 50.350/, Total llB8 2 250 101 40.40% 149 59.60% S33080-CHULA VISTA Polling 1347 1 80 41 51.25% 39 48.750/, M3il 1347 1 140 59 42.14% 81 57.860/, Total 1347 2 220 100 45.45% 120 54.55~1 533 toO-CHULA VISTA Polling 1406 1 54 26 48.15% 28 51.85~ Mail 1406 1 143 76 53.15% 67 46.850/0 Total 1406 2 197 102 51.7&% 95 48.22% 533120-CHULA VISTA Polling 1533 I 66 31 46.97% 35 53.03% Mail 1533 1 147 72 48.98% 75 51.02~ Total 1533 2 213 103 48.36% 110 51.64o/c 537700-CHULA VISTA Polling 1266 1 127 78 61.42% 49 38.580/, Mail 1266 I 166 77 46.39% 89 53.61% Total 1266 2 293 155 52.90% 138 47.100/, 538300-CHULA VISTA Polling 1052 I 93 46 49.46% 47 50.54% Mail 1052 I 165 79 47.88% 86 52.12% Total 1052 2 258 125 48.45% Il3 51.55% 53&41Q-CHULA VISTA Polling 783 1 64 39 60.94% 25 39.060/. Mail 783 1 109 58 53.21% 51 46.79% Total 783 2 173 97 56.07% 76 43.93% 538600~CHULA VISTA . Polling 1116 1 7& 47 60.26% 31 39.740/. Mail 1116 1 213 142 66.67% 71 33.33% Total I 1116 2 291 189 64.95% 102 35.05% 538810-CHULA VISTA Polling 1201 I 158 91 57.59% 67 42.41% Mail 1201 1 252 132 52.38% 120 47.62% Total 1201 2 410 223 54.39% 187 45.61% 539000-CHlJLA VISTA Paliing 1161 I 124 S3 66.94% 41 33.06% Mail 1161 1 182 135 74.18% 47 25.820/, Total 1161 2 306 218 71.24% 88 28.76% 539310-CHU'"LA VISTA Paning 762 1 69 28 40.58% 41 59.42% Mail 76'2 1 90 50 55.56% 40 44.44% Total I 761 2 159 78 49.06% 81 50.94% 999t96~Cm.JLA VISTA-VBM Polling 0 I 0 0 - 0 2-76 COUNTY OF SAN DIEGO Oa'e:06/30/08 DIRECT PRIMARY ELECTION Time:13:29:26 Page: 17 of 18 Tuesday, June 3, 2008 Official Canvass (San Diego County Only) CITY OF CHULA VISTA - PROP E PROP E - CITY OF CHULA VISTA Building Height Limits Reg. VOle:'S Vote For Total VOles YES NO Mail <) I 0 0 0 Total 0 2 0 0 - 0 999202-CHULA VISTA.VBM poning 7 1 0 0 - 0 Mail 7 1 2 2 100.00% 0 0.00% Total 7 2 2 2 100.00% 0 0.00% 999209-VBM-AV Polling 0 1 0 0 - 0 Mail 0 I 0 0 - 0 Total 0 2 0 0 - 0 999237-CHULA VISTA-YBM Polling 66 1 0 0 - 0 Mail 66 1 34 19 55.88% 15 44.12% Total I 66 2 34 19 55.38% IS 44.12% Total Polling 96102 110 9644 4592 47.62% 5052 52.38% Mail 96102 110 15853 7805 49.13% 8048 50.77% Tota! 96102 220 25497 12397 48.62% 13100 51.38~1. COUNTY-WIDE OFFICE COUNTY -WIDE OFFICES Polling 96102 110 9644 4592 47.62% 5052 52.38'Y< Mail 96102 110 15853 7805 49.73% 8048 50.77% Total 96102 220 25497 12397 48.62% 13100 51.38% Total Polling 96102 110 9644 4592 47.62% 5052 52.380;, M3il 96J02 110 15853 7805 49.23% 8048 50.770/, Total 96102 220 25497 12397 48.62% 13100 .JUSo/, CONGRESSIONAL D1STS 2001 51ST CONGRESSIONAL DIST Polling 96102 1I0 9644 4592 47.62% 5052 52.380/. Mail 96102 1I0 15853 7805 49.23% 8048 50.770/. Total 96102 220 25497 12397 48.62% 13100 51.38% Total Polling 96102 1I0 9644 4592 47.62% 5052 52.38% Mail 96102 1I0 15853 7805 49.23% 8048 50.77% Total 96102 220 25497 12391 48.62% 13100 51.38"1< STATE BOARD OF EQUALIZATION 3RD SO OF EQUAL DIST Polling 96102 110 9644 4592 47.62% 5052 52.3&'X Mail 96102 110 15853 7805 49')3% 8048 50.77% Total 96101 220 25497 11397 48.62% 13100 5i.38'X Total Polling 96]02 110 9644 4592 47.62% 5052 52.38% Mail 96102 110 15853 7805 49.23% 8048 50.77% Total 96102 220 25497 12397 48.62% 13100 51.380/. STATE SENATORLA..L D!ST'S 2001 36TH SENA TORlAL DIST Polling 1305 2 77 32 41..56% 45 58.44% Mail 1305 2 175 n 44.57% 97 55.43% Total 1305 4 252 110 43.65% 142 56.35% 40rn SENA TORlAL DIST Polling 94797 lOS 9567 4560 47.66% 5007 52.34% Mail 94797 tog 15678 77')7 49.29% 7951 50.71% Total 94797 216 25245 (2287 48.67% 12958 5133% Total Polling 96102 1I0 9644 4592 47.62% 5052 5238% Mail 96102 110 15853 7805 49.23% 8048 50.77"1< 2-77 COUNTY OF SAN DIEGO D.1c:06/30108 DIRECT PRIMARY ELECTION Time: 13:29:26 Tuesday, June 3, 2008 Page: 18 of 18 Official Canvass (San Diego County Only) CITY OF CHULA VISTA - PROP E PROP E - CITY OF" CHULA VISTA Buildir:.g Height Limits Reg. Voters Vote For Total Votes YES NO Total 96102 220 25497 l2397 48.62% 13100 51.380/. STATE ASSEMBLY DlST'S 2001 78TH ASSEMBLY DfST Polling: 52198 59 4720 1966 41.65% 2154 58.350/. Mail 52198 59 8040 3487 43.37% 4553 56.63"1. Total 52198 \\8 12760 5453 42_74% 7307 57.260/, 79TH ASSEMBLY DIST Polling 43904 51 4924 2626 53.33% 2298 46.670/. Mail 43904 5\ 7813 4318 55_27% 3495 44.73% Total 43904 \02 12737 6944 54.52% 5793 45.48% Total Polling 96102 \\0 9644 4592 47.62% 5052 52.38% Mail 96102 \\0 15853 1805 49.23% 804' 50.77% Total 96102 220 25497 12397 48.62% 13100 51.38% SUPER VISORlAL DlSTRJCfS 2001 1ST SUPERVISORIAL DIST Polling 96102 \\0 9644 4592 47.62% 5052 52.3&'X Mail 96102 1\0 15853 7805 49.23% 8048 50.77'X Tota! 96102 220 25497 12397 48.62% DIDO 51.3801< Total Polling 96102 110 9644 4592- 47.62% 5052 S2.38~ Mail 96102 1\0 15853 7805 49.23% 8048 50.77% Total 96102 210 25497 12397 48.62% 13100 51.380/0 !NCOR? CITIES - OVERALL COOLA VISTA 525000-539500 Polling 96102 110 9644 4592 47.62% 5051 52.380/0 Mail 96102 \\0 15853 7805 49.23% 8048 50.770/0 Total 96102 220 25497 12397 48.62% 13100 5138";; Tolal Polling 96102 110 9644 4592 47.62% 5052 5238o/! Mail 96102 110 15853 7805 49.23% 8048 50.77o/! Total 96102 220 25497 12397 48.62% 13100 51.38% fN"CORP CI1Y COUNCIL DIST'S 2001 No Matching District poning 96\02 \10 9644 4592 47.62% 5052 52380/, Mail 96102 110 15853 7805 49_?3% 8048 50.77% Total 96102 220 25497 I2397 48.62% 13100 5138% Total Polling 96102 110 9644 4592 47.62% 5052 52.38% Mail 96102 110 15853 7805 49.23% 8048 50.770/.: Total 96102 220 25497 12397 48.62% 13100 51.38% 2-78 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA A1\'lENDfNG RESOLUTION NO. 2008-016, CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 4, 2008, TO fNCLUDE A SPECIAL RUNOFF ELECTION TO ELECT TWO MEMBERS OF THE CITY COUNCIL, PURSUANT TO THE CHULA VISTA CHARTER WHEREAS, on January 15,2008, the Council adopted Resolution No. 2008-016, calling and giving notice of the Special Municipal Election on November 4,2008 for the purpose of submitting to the voters a citizen-initiated Charter amendment; and WHEREAS, under the provisions of the Charter of the City of Chula Vista, a Special Municipal Election shall be held on Tuesday, November 4, 2008, for the purpose of conducting a runoff election between each of the two candidates for Member of the City Council, Seats 3 and 4, who received the highest number of votes cast, and yet did not receive a total of fifty percent plus one vote, at the General Municipal Election held on June 3, 2008. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: SECTION 1. Pursuant to the requirements of the Chula Vista Charter and the laws of the State of California, a Special Municipal Election will be held on Tuesday, November 4, 2008 to hold a runoff election to elect two (2) Members of the City Council for full terms of four years, commencing in December 2008. SECTION 2. In all particulars not recited in this resolution or in Resolution No. 2008- 016, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 3. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 4. The City Clerk shall certify to the adoption of this resolution and enter it into the book of original resolutions. Submitted by: Approved as to form: Donna Norris, Interim City Clerk ~'f"'''~ \~,X~'G.~\ Bart lvliesfeld, Interim City Attorney 2-79 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COu'NCIL OF THE CITY OF CHULA VISTA ADOPTING REGULA TrONS FOR CAi'IDIDA TES FOR ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORA.TE AT A SPECIAL MUNICIPAL ELECTION TO BE HELD TUESOA Y, NOVEMBER 4,2008 WHEREAS, Section 13307 of the Elections Code of the State ofCalifomia provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate's statement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City OfChula Vista as follows: SECTION I. Pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for atthe Special Municipal Election to be held in the City of Chula Vista on Tuesday, November 4, 2008, may prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include the party affiliation of the candidate nor membership or activity in partisan political organizations. The statement shall be filed in the Office of the City Clerk no sooner than Monday, July 14 and no later than 5:00 p.m. on Friday, August 8, 2008. The statement may be withdrawn, but not changed, during the stated period and until 5:00 p.m. on Monday, August 11,2008. SECTION 2. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidates' statements filed pursuant to the Elections Code, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance his or her estimated pro rata share as a condition of having his or her statement included in the voter's pamphlet. The estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill each candidate for additional actual expense or refund any excess paid depending on the [mal actual cost. SECTION 3. The City Clerk shall provide each candidate, or the candidate's representative, a copy of this Resolution at the time his or her candidate's statement is filed. SECTION 4. No candidate will be permitted to include additional materials in the sample ballot package. 2-80 SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. Submitted by: Approved as to form: Donna Norris, Interim City Clerk ~\01'\4\~~\l\~ Bart Miesfeld, Interim City Attorney 2-81 ITEM TITLE: SUBMITTED BY: REVIEWED BY: CITY COUNCIL AGENDA STATEMENT 7/8/08, Item~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING IRREVOCABLE OFFERS OF DEDICATION FOR LOTS "GG" AND "M" OF SUBDIVISION MAP 14261 FOR PARK PURPOSES AND APPROVING A REAL PROPERTY PURCHASE AGREEMENT BETWEEN THE CITY AND NNP-TRIMARK SAN MIGUEL RANCH, LLC FOR THE ACQUISITION OF LOT 13 OF SUBDIVISION MAP 14261 WITHIN THE SAN MIGUEL RANCH PLANNING AREA OF THE CITY OF CHULA VISTA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 CAPITAL IMPROVEMENT PROGRAM BUDGET AND APPROPRIATING $350,000 FROM THE AVAILABLE PARK AND ACQUISITION DEVELOPMENT (PAD) FUND BALANCE TO EXISTING CIP PR260 "SAN MIGUEL RANCH COMMUNITY PARK" FOR PARK PROPERTY AC2~SITION PURPOSES DIRECTOR OF ENGINEERING ~ DIRECTOR PUBLIC W. O~!S {f~j CITY MANAGER /Q/JJ<.&- ASSISTANT CITY ~GER -=, r 4/5THS VOTE: YES i:8J NO D SUMMARY The proposed community park at San Miguel Ranch is located at Paseo Veracruz and Mount Miguel Road. Tonight's action will enable the City to purchase one additional acre to enlarge the park from 19.05 to 20.05 acres. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project was adequately covered in the previously adopted San Miguel Ranch Final Environmental Impact Report (FSElR 97-02). Thus, no further environmental review or documentation is necessary. 3-1 I . .... , 7/8/08, Item_ Page 2 of 3 RECOMMENDATION Council adopt the resolutions. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Relationship to Community Facilities Purpose land use designation The Tentative Subdivision Map for San Miguel Ranch Chula Vista Tract 99-04 was approved by the City Council on February 29, 2000, pursuant to Resolution No. 2000-068, and included a 3.1 acre Community Purpose Facility ("CPF") Tentative Map Lot "M' located on the northeast side of the Mt. Miguel Road/Proctor Valley Road intersection (Lot 10 of the Final Map) and a 2.7 acre Tentative Map Lot "CP-B" (Lot 13 of the Final Map) to make up 5.8 acres in CPF lands. The CPF lot adjacent to the Community Park site (Lot 13) became a one acre lot with the approval of the final map for Chula Vista Tract No. 99-04, San Miguel Ranch, Phases I, 2, and 4, pursuant to Resolution No. 2001-259 on August 7, 2001. Tentative Map conditions for the project allowed for the City to purchase the I-acre CPF lot for inclusion in the San Miguel Ranch Master Park Plan. This plan has been approved and the park design plans are nearly complete. Tonight's action will provide for the purchase of the lot so that construction can commence. Irrevocable offers of Dedication The 19.05 acres of Community Park was offered to the City as a condition of development. Tonight's action includes an acceptance of two irrevocably offered lots for the park. The irrevocable offer to dedicate the parklands to the City was made on Subdivision Map 14261 in the offer to dedicate lots "GG" (2.068 acres) and Lot "M" (16.982 acres). The one-acre lot (APN 595- 031-10-00) to be purchased for $350,000 with tonight's action is lot 13 of Subdivision Map 14261 and its purchase will bring the total acreage of the community park to 20.05 Acres. Title / Appraisal The proposed sale of Lot 13 is based on an appraisal that valued the lot at $350,000. The City has been provided with title insurance to ensure that the City is provided fee title without encumbrances. Acquisition Funds The proposed park purchase is budgeted from the Park Acquisition portion of the Park Acquisition and Development Fee pursuant to Chula Vista Municipal Code Section 17.10. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no such holdings within 500' of the boundaries of the property that is the subject of this action. FISCAL IMP ACT There are sufficient acquisition fees collected in the PAD fund balance for the purchase of the one-acre lot for park purposes. Tonight's resolution will authorize utilizing those acquisition 3-2 I . 7/8/08, Item2 Page 3 of 3 funds by amending the Fiscal Year 2009 CIP Program budget and appropriating $350,000 from the available PAD fund balance to existing CIP PR260 for the transaction. There are future fiscal impacts to the City's General Fund due to the perpetual maintenance of the park. Acceptance of the park for City funded maintenance is anticipated to begin in the Fall of2010. ATTACHMENTS Exhibit A Location Map and Lot Layout Exhibit B Disclosure Statement Exhibit C Real Property Purchase Agreement Exhibit D Park Master Plan Graphic Prepared by: Tom Adler, Senior Civil Engineer, Engineering Department J:\Engineer\AGENDA\CAS2008\07-08-081A113 SMR PARK v2.doc 3-3 I . Exhibit "A-I" Location Map I . Golf Course Easllake 3-4 Rolling Hills Ranch '" "' '" [;1 '" ~\ '" OIl ~ ~ ~ "ltll "" ~ PIli tJ5 I 0 Z CL <( ::1!: "r{fi!!J , ,1'11~' ~ ~, .' '\~.- ",,'F " .q~~ (- \t.",:~~;~"-' ~ ~ "";.o~~a l., '. 0 ~ .<:i \~ ~~. ~~~:;~~~ ,e.\~J<- "~~~::-~,. r.- f.~-___ ~_ ~ '3J... I ~~ /-, '(1)0 ~Jr>..:'N ~/J9WJi_- ,i~' ~ "O~ ~ &~. "'6~LI1;5{.;v tr ,t-~:\'-i $\ !IIV(' <~l:~-;~ , \:. 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'I! ~!. ~ ~!:{~ ;:r; ~~&'~ II ~;b'l-i- b ~ City of Cbula Vista Disclosure Statement Pursuant to Council Policy 101-0 I, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City ofCbula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. ~t..-... ~~ 5)~~ W\c-\.Q~ CJ)~ ~"...,..,,,~ ( "'~~..~. \Y\-,.-..-- '3&,-,- L~~~ CQ.c.w-..,j~ \. - .. -- <;',. 2. If any person" identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business ( corporation/partnership) entity. 3. If any person" identified pursuantto (I) above is a non-profit organization or trust, list tbe names ohny person serving as director of the 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 matter. ~\"t .~'-'- ~. \.\c..,l~ S. 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-A- 3-6 . - City of Cbul. Vista Disclosure Statement lfYes, briefly describe the nature of the financial interest the official" may have in this contract. 6. Have you made a contribution of mor~an $250 within the past twelve (12) months to a current member of the Chula Vista City Council? Not->.- Yes _lfyes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an official.. of the City ofChula 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:p..,.. If Yes, which official.. and what was the nature of item provided? Date: b- LA - ce., . Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. .. Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. J:\AttornC)'\fonns\disclosure stalement3-6-03 3-7 . - EXHIBIT ~ Escrow Company Escrow No. Title Order No. REAL PROPERTY PURCHASE AGREEMENT (Escrow Instructions) THIS REAL PROPERTY PURCHASE AGREEMENT ("Agreement") is entered into this _ day of June, 2008, by and between THE CITY OF CHULA VISTA, a cbartercity organized undertbe laws oflhe State of California ("City"), and NNP- TRIMARK SAN MIGUEL RANCH, LLC ("Seller"), (collectively "Parties") for purchase by City oftbe hereinafter described real property. WHEREAS, Seller has offered to sell to City said real property for $350,000; and WHEREAS, City desires to purchase fee title in and to Seller's real property as conunonly described as Lot 13 of Map 014261,Iocated in the City ofChula Vista, County of San Diego, State of Cali fomi a, and currently identified as San Diego County Assessors Parcel No. 595-031-10 ("Property"). NOW THEREFORE, the Parties agree as follows: 1. AGREEMENT TO SELL AND PURCHASE City agrees to purchase from Seller and Seller agrees to sell to City, upon the teqns and for the consideration set forth in this Agreement, fee title in and to the Property more particularly described in the legal description designated as Exhibit" A" and as more particularly shown on a Plat thereof designated as Exhibit "B", both of which are attached hereto and are incorporated herein by this reference. City's agreement to purchase the property is expressly contingent upon the adoption of a Resolution by the City Council of the City ofChula Vista authorizing the acquisition. The Parties hereto agree that the Property shall be conveyed in fee 10 the City clear of all encumbrances excepl agreements with the City, County of San Diego or other authorities or agencies, easements, assessments and districts of record. 2. PURCHASE PRICE The tolal purchase price payable on the terms set forth herein shall be the sum of Three Hundred Fifty Thousand Dollars ($350,000) ("Purchase Price") to be paid in the manner set forth below. 3. ESCROW AND TITLE INSURANCE City agrees to open an escrow in accordance with this Agreement at Commonwealth Land Title Company ("Escrow Holder"), located at 750 "B" Street, Suite 2350, San Diego, California and deposit a fully executed copy of this Agreement no later than . City agrees to pay all usual and reasonable fees, charges, and costs (including transfer taxes, if any) which arise in the escrow, upon demand of Escrow Holder. Seller shall not be liable for any costs or fees in connection with this escrow. 1 3-8 I _ This Agreement constitutes the joint escrow instructions of the Parties, and Escrow Holder to whom these instructions are delivered is hereby empowered to act under this Agreement. The Parties hereto agree to do all acts reasonably necessary to close escrow as soon as possible, but in all events no later than sixty (60) days after a fully executed copy of this Agreement, is deposited into escrow. The tenns closing and/or close of escrow as used herein shall mean the date necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered through this escrow is authorized if necessary or proper in the issuance of title insurance pursuant to this Agreement City shall, upon receipt of a statement of estimated closing cost from Escrow Holder, deposit the Purchase Price together with additional funds as set forth in said statement. Said deposit shall be made in accordance with the wire transfer instructions of the Escrow Holder and shall be made in sufficient time to allow for the timely close of escrow as set forth herein. City shall also execute and dep'osit into escrow a Certificate of Acceptance accepting fee title to the Property in sufficient time to allow for the timely close of escrow as set forth herein. Seller shall execute and deliver into escrow an executed Grant Deed conveying fee title to the Property to City in sufficient time to allow for the timely close of escrow as set forth herein. Seller and City agree to deposit with Escrow Holder any additional instruments as may be reasonable and necessary to complete this transaction in a timely manner as set forth herein. All funds received in this escrow shall be deposited with other escrow funds in a general escrow account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by wire transfer from such account, unless Seller requests another form of payment. If City requests a policy of title insurance when Escrow Holder holds for Seller the Grant Deed in favor of City, executed and acknowledged by Seller covering the Property, Escrow Holder shall cause to be issued and delivered to City at City's cost, a preliminary title report for City review. City shall have five (5) business days to review and approve said preliminary report. After City approval, Escrow Holder shall cause to be issued, as of the closing date and at City's cost, a CL T A standard coverage policy of title insurance, or upon City's request, an ALTA (Owner's) standard or extended coverage policy of title insurance (provided City complies with Escrow Holder's requirements for such coverage) ("Title Policy"), issued by Commonwealth Land Title, with liability in the amount of the Purchase Price, covering the Property and showing title vesting in City, free of all recorded and unrecorded, liens, encumbrances,leases and taxes except agreements with the City, County of San Diego or other authorities or agencies, easements, assessmentS and districts of record and: (a) All non-delinquent general and special real property taxes for the current fiscal year; (b) The standard printed exceptions and exclusions contained in the CL T A or AL T A form policy; (c) Public and Quasi-public utility, public alley, public street easements and rights of way of record; and 2 3-9 I _ Escrow Holder is authorized to and shall pay and charge City for any title insurance premium and the costs of any endorsements. Escrow Holder is authorized to and shall disburse funds and deliver the Grant Deed when City and Seller have fulfilled all conditions of the escrow and this Agreement. 4. RESPONSIBILITY OF ESCROW HOLDER Responsibility of Escrow Holder under this Agreement is expressly limited to paragraph 3 herein and to its liability under any policy of title insurance issued in regard to this transaction. 5. CONVEYANCE OF INTEREST Seller agrees to convey by Grant Deed to City fee title in and to said Property as contemplated by this Agreement. 6. DEPOSIT OF FUNDS City agrees to deposit the Purchase Price of the Property as contemplated by this Agreement. 7. CONDITION OF PROPERTY/AS IS CITY ACKNOWLEDGES AND AGREES THAT SELLER HAS NOT MADE, AND DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRIITEN, PAST, PRESENT, OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO (A) THE VALl,)E, NATURE, QUALITY OR CONDmON OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL AND GEOLOGY, (B) THE INCOME TO BE DERIVED FROM THE PROPERTY,{C) THE SillTABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH CITY MAY CONDUCT THEREON, (D) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (E) THE HABITABILITY, MERCHANT ABILITY, MARKETABILITY , PROFITABILITY OR FITNESS FORA PARTICULAR PURPOSE OF THE PROPERTY, (F) THE MANNE~ OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY, (G) THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY, OR (H) ANY OTHER MATTER WITH RESPECT TO THE PROPERTY, AND SPECIFICALLY, THAT SELLER HAS NOT MADE, AND DOES NOT MAKE ANY REPRESENTATIONS REGARDING COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE, ZONING OR DEVELOPMENT OR REGIONAL IMPACT LAWS, RULES, REGULATIONS, ORDERS ORREQUlREMENTS. CITY FURTHER ACKNOWLEDGES AND AGREES THAT HAVING BEEN GIVEN THE OPPORTUNITY TO INSPECT THE PROPERTY, CITY IS RELYING SOLELY ON ITS OWN INVESTIGATION OF THE PROPERTY. CITY FURTHER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION PROVIDED OR TO BE PROVIDED WITH RESPECT TO THE PROPERTY WAS OBTAINED FROM A VARIETY OF SOURCES AND THAT SELLER HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH INFORMATION AND MAKES NO REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. , I I , I 3 3-10 . . SELLER IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAlNlNG TO TIiB PROPERTY, OR THE OPERATION THEREOF, FURNISHED BY ANY REAL ESTATE BROKER. CITY FURTHER ACKNOWLEDGES AND AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SALE OF TIiBPROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN "AS IS., "WHERE IS. AND, "WITH ALL FAULTS" CONDITION AND BASIS. City's Initials: 8. SELLER DEFAULT. IF THE SELLER DEFAULTS UNDER THE TERMS OF THE AGREEMENT, AND IF SELLER FAILS TO CURE SUCH DEFAULT ON OR BEFORE THE DATE WHICH IS THREE (3) BUSINESS DAYS AFTER NOTICE THEREOF FROM CITY (OR, IF EARLffiR, ON THE CLOSING DATE), CITY MAY, AS ITS SOLE AND EXCLUSIVE REMEDY, EITIiBR (I) TERMINATE THIS AGREEMENT BY DELIVERY OF NOTICE OF TERMINATION TO SELLER AND ESCROW HOLDER, IN WHICH EVENT THE DEPOSIT SHALL BE RETURNED TO CITY, AND THIS AGREEMENT, AND THE RIGHTS AND OBLIGATIONS OF CITY AND SELLER HEREUNDER SHALL TERMINATE OR (II) SPECIFICALLY ENFORCE SELLER'S OBLIGATIONS. Seller's Initial4--.A- City's Initials: i I I 9. REAL ESTATE COMMISSIONS No brokers or finders have been employed for a fee or are entitled to a commission or compensation in connection with this transaction. Each Party represents to the other that it has not had any contact, dealings or communications with a broker or finder in connection with the transaction contemplated by the Agreement or any other person who can claim a right to a commission or finder's fee. If any other broker, finder or other person makes a claim for commissions or finder's fee based upon any contract, dealing or communication with a Party, then such Party shall indemnify, defend and hold the other Party hannless from and against all damages, claims, losses and expenses, including attorneys' fees, arising out of the broker's, tinder's or other person's claim. 10. MISCELLANEOUS a. Legal Fees. In the event ofthe bringing of any action or suit by either Party against the other Party by reason of any breach of any ofthe covenants, conditions, agreements or provisions on the part of the other Party arising out of this Agreement, the Party in whose favor final judgment shall be entered shall be entitled to have and recover of and from the other Party all reasonable costs and expenses of suit, including reasonable attorneys' fees (or, in the event of any action to enforce this Agreement, the prevailing Party shall be entitled to recover all ofits costs and expenses ofthe action, including reasonable attorneys' fees), as determined by a court of competent jurisdiction. b. Time is of the Essence. Time is of the essence of each and every term, condition, obligation and provision of this Agreement. 4 3-11 I . c. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shaH constitute one and the same instrument. Facsimile signatures are acceptable provided they are followed by hard copy originals within five days. d. Severability. If any portion of this Agreement shall be declared by any court of competent jurisdiction to be invalid, illegal or unenforceable, such portion shaH be deemed severed from tbis Agreement, and the remaining parts of tbis Agreement shall remain in fuH force and effect, as fuHy as though such invalid, illegal or unenforceable portion had never been part of this Agreement. e. Governing Law. This Agreement is executed and delivered in the State of California and shall be construed and enforced in accordance with, and governed by, the laws ofthe State of California. IN WITNESS WHEREOF, the duly authorized representative of each Party has executed this Agreement. SELLER NNP-TRIMARK SAN MIGUEL RANCH, LLC, a Delaware limited liability company BY:~~ \f,P, [print Na e and Title] I By: [print Name and Title] CITY CITY OF CHULA VISTA, a charter city organized under the laws ofthe State of California By: Cheryl Cox, Mayor I I I I I I' , Approved as to fonn by: Bart R. Miesfeld, Interim City Attorney J:\Altomcy\EL1SA,^OREEMENTS\Trimark SMR Real Property Purchase Agrccrneor. FinolJl6.2)..os.OOC 5 3-12 . - Exhibit D Park Master Plan '\1' 1/lfW5 TO 0rfN SPACE ~5nNG---.. U\N05CAfI' , rID"""'" a ~~"""cr.oat5 "'~IlfNCt1!'5 __ilKO'T'GlLS .~~ Ol"'~UN~rtIlONG _lliWlf'l'Na_P'Q5..o.ntIlWl ______ IUlllJlAIl,~'~al'tl<a(f!I ~""'" DII~1'RWlBMlGf5W1lWlJtlG:I .~":NlI~llCU&I'JfJG~WJ ""llIO";wrrnllUlCM~.I~~' II:raI'TACJ.J:S<ONt:OllJOW"G I'OVNIM' COo<<:werAVlOfG OO",o"or'O!leOrolWlm ~COhCIlflerO<<\Itl11l;l..1: ~NlO!NtWlCm<:oHCR.Vr: 'Ul'l/JNTmWlrnflj\~U'NP^1Tl'.IlH5 ""'O""'.....~roI!.l'!;"~TRWI - 3'H""'<;"""IltJ/II"'~\VNl.5W1Tl1 ~lUCCOflNOlll0W\TCttWiUll~ ~"""'~ -- ~ --"'::::::~~~~--- --~~~~~ ---~:~~- ~-...... --...- -~~.......",,~-..... '~'::::.::c~~ '-,~ PAlIK DESIGN CONCEPT 't"'_""'lIlr.__~_.._""'._bt__I__~-''''. ._- _~"'_~___"",,,"'-......_arhigb-___.-'_~lbo _"'........IoIO_.~"'__IO..._"'._.........,_..................._ar -.,.-.""....-..."'...... N...._"..,_________..._.-.____ ~.........._---_..__.--..-.._""""'--_. .--...--....-........- -~...~-.,~-----. ____.._-."'.._...__............10__...,.,..,..... " -.............-.....-"'.....-----.....-......--... 3-13 - RESOLUTION 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING IRREVOCABLE OFFERS OF DEDICATION FOR LOTS "GG" AND "M" OF SUBDIVISION MAP 14261 FOR PARK PURPOSES AND APPROVING A REAL PROPERTY PURCHASE AGREEMENT BETWEEN THE CITY AND NNP- TRIMARK SAN MIGUEL RANCH, LLC FOR THE ACQUISITION OF LOT 13 OF SUBDIVISION MAP 14261 WITHIN THE SAN MIGUEL RANCH PLANNING AREA OF THE CITY OF CHULA VISTA WHEREAS, on October 19, 1999, the City Council approved the Section Planning Area (SPA) Plan for San Miguel Ranch which required 5.8 net useable acres of Community Purpose Facilities (CPF) lands in compliance with Municipal Code section 19.48.025 in addition to the net acres proposed for the community park; and WHEREAS, the Tentative Subdivision Map for San Miguel Ranch Chula Vista Tract 99- 04 was approved by the City Council on February 29, 2000, pursuant to Resolution No. 2000- 068, and included a 3.1 acre CPF Lot "M" located on the northeast side of the Mt. Miguel Road/Proctor Valley Road intersection (Lot 10 of the Final Map) and a 2.7 acre Lot "CP-B" (Lot 13 ofthe Final Map) to make up the 5.8 acres in CPF lands; and WHEREAS, NNP-Trimark San Miguel Ranch, LLC (Developer) made an Irrevocable Offer of Dedication to the City for Lots "M" (16.98 acres) and "GG" (2.07 acres) ofChula Vista Tract No. 99-04, San Miguel Ranch Phases I, 2, & 4 "A" for public park purposes; and WHEREAS, pursuant to Government Code section 7050, the City may accept the Irrevocable Offer of Dedication at any time; and WHEREAS, on August 7, 2001, the City Council approved the Final Map ofChula Vista Tract No. 99-04, San Miguel Ranch, Phases I, 2, and 4, pursuant to Resolution No. 2001-259; and WHEREAS, pursuant to Resolution No. 2001-259, the City Council approved reducing the size ofCPF lot "CP-B" (Lot 13 ofthe Final Map) to one acre; and WHEREAS, pursuant to the Resolution No. 2001-259, the City Council acknowledged on behalf of the public, the Irrevocable Offers of Dedication for Lots "M" and "GG" for public park purposes; and WHEREAS, staff wishes to purchase the one-acre Lot 13 from Developer for a price of $350,000; and WHEREAS, staff wishes to accept the Irrevocable Offers of Dedication for Lots "M" and "GG" for public park purposes at this time. 3-14 . - NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista as follows: 1. That it accepts the Irrevocable Offers of Dedication for Lots "GG" and "M" of Subdivision Map No. 14261, and directs the City Clerk to record the acceptance. 2. That it approves the Real Property Purchase Agreement between the City and NNP- Trimark San Miguel Ranch, LLC for the acquisition of Lot 13 of Subdivision Map 14261 and authorizes the Mayor and City Clerk to execute all documents necessary to complete the purchase. Presented by Approved as to form by ~o. tL ~AI~ ~ Bart Miesfeld U Interim City Attorney Richard Hopkins Director of Engineering 1-1:\ENGINEER\RESOS\Resos2008\07-08-08\Trimark Park Pun::hase v2 revised by ec.doc 3-15 I _ RESOLUTION 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 CAPITAL IMPROVEMENT PROGRAM BUDGET AND APPROPRIATING $350,000 FROM THE AVAILABLE PARK AND ACQUISITION DEVELOPMENT (PAD) FUND BALANCE TO EXISTING CIP PR260 "SAN MIGUEL RANCH COMMUNITY PARK" FOR PARK PROPERTY ACQUISITION PURPOSES WHEREAS, the Tentative Subdivision Map for San Miguel Ranch Chula Vista Tract 99- 04 was approved by the City Council on February 29, 2000, pursuant to Resolution No. 2000- 068, and included a 2.7 acre Lot "CP-B" (Lot 13 of the Final Map); and WHEREAS, on August 7, 2001, the City Council approved the Final Map ofChula Vista Tract No. 99-04, San Miguel Ranch, Phases 1,2, and 4, pursuant to Resolution No. 2001-259; and WHEREAS, pursuant to Resolution No. 2001-259, the City Council approved reducing the size ofCPF lot "CP-B" (Lot 13 of the Final Map) to one acre; and WHEREAS, staff wishes to purchase the one-acre Lot 13 from Developer for a price of $350,000 for park purposes; and WHEREAS, there are sufficient funds in the Park and Acquisition (PAD) fund balance for the purchase of the one-acre lot for park purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it amends the Fiscal Year 2008/2009 Capital Improvement Program budget and appropriates $350,000 from the available Park and Acquisition (PAD) fund balance to existing CIP PR260 "San Miguel Ranch Community Park" for park property acquisition purposes. Presented by Approved as to form by 'n-!'iLa (Z f;,~, ~ Bart Miesfeld t/ Interim City Attorney Richard Hopkins Director of Engineering H:\ENGINEER\RESOS\Resos2008\07-08-08\Trimark Park Purchase Approp vi ml revised by ec.doc 3-16 I . CITY COUNCIL AGENDA STATEMENT ITEM TITLE: SUBMITTED BY: REVIEWED BY: ) 7/08/08, Item---L- A) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MA-XINIUlVI SPECIAL TAXES FOR FISCAL YEAR 2008/2009 WITHIN COMlVfUNITY FACILITIES DISTRICTS 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2,2000-1, 2001-1, 2001-2, 07-1, 08-M, 08-1, 09-M, II-M, 12-1, 12-M, 13-1, AND 13-M lll'ID DELEGATING TO THE CITY MAl 'lAGER, OR DESIGNEE THE AUTHORITY TO ESTABLISH THE SPECLAL TAX FOR EACH DISTRICT B) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2008/2009 WITHlN COMNIUNITY FACILITIES DISTRICTS 06-1 AND 07-M AND DELEGATING TO THE CITY MANAGER, OR DESIGNEE THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH DISTRICT ~ DIRECTOR OF ENGINEE~G 1 ~ CITY MANAGER/UjlLfJ= _ ASSISTANT CITY N~~GER ST 4/5THS VOTE: YES 0 NO [g] SUMMARY Twenty-one (21) Community Facilities Districts (CFDs) were formed during Fiscal Years 1998- 2006. Each year, a special tax must be levied in each of the districts to pay for the maintenance of open space preserve areas and maintenance of other public facilities, or to repay bondholders. The present item will authorize the levy of maximum special taxes for CFDs 97-1, 97-2, 97-3, 98-1,98-2,98-3,99-1,99-2,2000-1,2001-1,2001-2, 06-1, 07-I, 07-M, 08-M, 08-1, 09-M, II-M, 12-1, 12-M, 13-1 and 13-M. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 (b)(4) of the State CEQA Guidelines because it involves an intention to levy and collect assessments for existing activities in the Community Facilities Districts and does not involve any new activities, therefore, pursuant to Section 15060 (c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. 4-1 , ). 7/08/08, Item ,.,- Page 2 of 5 RECOlVIMENDATION Council adopt the resolutions. BOARDS/COMMISSION RECOiVIMENDATION Not applicable DISCUSSION In January 1998, City Council adopted the City oJChula Vista Statement oJ Goals and Policies Regarding the Establishment oj Community Facilities Districts. This document allowed the use of CFDs as a public fmancing mechanism for: . Acquisition and/or construction of public improvements and facilities; Financing of authorized public services; and To repay bonded indebtedness or other related expenses. . . During Fiscal Years 1998/l999 through 2006/2007, the following CFDs were formed in the Otay Ranch, Sunbow II, San Miguel Ranch, Eastlake, and Rolling Hills Ranch areas: ,~'r@Fii!)~ ",.,;,:.;....:. .\._...d)) 97-1 97-2 97-3 98-1 98-2 98-3 99-1 99-2 2000-1 2001-1 2001-2 06-1 07-1 07-M 08-1 08-M 09-M ll-M 12-1 12-M 13-1 13-M Table 1. Community Facilities Districts within the City of Chula Vista Ota Ranch SPA 1, Villaaes 1 and 5 Otay Ranch Preserve Ota Ranch McMillin, SPA 1 Otay Ranch Villa es 1 W, 2, 2W, 6, 7, 12 Otay Ranch McMillin SPA 2, Villa es 6, 7 Sunbow II Ota Ranch SPA 1, Villa es 1,5, lW Otay Ranch SPA 1, Villa e 1 W Sunbow II, Villa es 5-10 San Mi auel Ranch, Jlieas A and B McMillin Otay Ranch, Village 6 Eastlake Woods, Vistas and Land Swa Otay Ranch Villa e 11 Eastlake Woods, Vistas and land Swa Areas 1,2) Otay Ranch, Villa e 6 McMillin & Otay Ranch Villa Ota Ranch Villaae 11 Rolling Hills Ranch McMillin Ota Ranch, Villaae 7 McMillin & Otay Ranch, Villa e 7 Ota Ranch, Village 7 Otay Ranch Village 2 ublie facilities ublic facilities ublic facilities ublic facilities ublie facilities ublie facilities ublic facilities ublic facilities ublic facilities 4-2 \ /\ 7/08/08, Item-,- Page 3 of 5 Maximum Rate & Actual Rate The City of Chula Vista makes the distinction between the maximum special tax rate and the amount that the City may collect against the special tax rate (i.e., the actual rate). The maximum special taxes for Fiscal Year 2008/2009 are proposed at the Fiscal Year 2007/2008 ma"'i:imum special tax rates and adj usted by an inflation factor as defined in each district's special tax report. The actual rate, on the other hand, is the amount actually collected from the property owner and is equal to, or lower than, the proposed maximum special tax rate. The actual rate is based on the budget, the reserve requirement, fund balances, earned interest, and prior years' savings. Each year, the Council authorizes the levy of special taxes on the maximum authorized special tax rates, and delegates to the City Manager, or designee the authority to establish the specific special tax rate applicable to each parcel. The maximum special tax rate and actual special tax rate for these existing infrastructure and open space maintenance CFDs are detailed in Exhibits A through S, and are accompanied by district maps. Fiscal Year 2008/2009 Rates Maximum Special Tax Rate According to the Rate and Method of Apportionment for open space maintenance CFDs 97-1, 97-2,98-1,98-3, and 99-2, the Maximum Special Tax Rates (see exhibits) for each fiscal year after the initial year shall be increased or decreased by the lesser of the annual percentage change in the San Diego Metropolitan Area All Urban Consumer Price Index (CPI) or the annual percentage change in the estimated California Fourth Quarter Per Capita Personal Income as contained in the Governor's budget published in January of each year. The CPl increase between the second half of 2006 and second half of 2007 was approximately 2.289%, while the estimated California Fourth Quarter Per Capita Personal Income increase was 4.29%. Staff therefore used the (2.289%), which is the lesser ofthe annual percentage change. According to the Rate and Method of Apportionment for open space maintenance CFDs 08-M, 09-M, and 12-M the Maximum Special Tax shall be increased each fiscal year after the initial year and by a factor equal to the annual percentage change in the San Diego Metropolitan Area All Urban Consumer Price Index. The CPI increase between the second half of2006 and second half of2007 was approximately 2.289%. According to the Rate and Method of Apportionment for open space maintenance CFD 13-M, the Maximum Special Tax shall be levied beginning in Fiscal Year 2007-2008 and increased each fiscal year thereafter by a factor equal to the greater of the annual percentage increase, if any, in the San Diego Metropolitan Area All Urban Consumer Price Index (All Items) as reported by the State of California Department of Finance, or 4%. The factor that will be used for this CFD will be 4%, which is greater than the San Diego Metropolitan Area All Urban Consumer Price Index (2.289%). The maximum authorized and projected annual Special Tax rates for all Community Facilities Districts are given in the exhibits. Square footage (SF) refers to building floor area, and acreage refers to the total lot size. For CFD 98-3, a single-family dwelling unit is equivalent to one 4-3 7/08/08, Item~ Page 4 of 5 EDU. Costs are spread to multi-family units on the basis of 0.8 EDU per unit for street medians and parkways, and 1.0 EDU per unit for all other facilities in the CFD. Actual Special Tax Rate The Special Tax Levy Reports for the maintenance CFDs 97-1, 97-2, 98-1, 98-3, 99-2, 07-M, 08- M, 09-M, II-lv!, 12-M and 13-M require the establishment of a fund reserve for each district of up to 100% of the total annual operating budget in order to provide revenue for the first half of the fiscal year before any income is received and to provide for cost overruns and delinquencies. A 50% reserve has been provided in some of these CFDs by including an additional 50% of the Fiscal Year 2008/2009 budgets. The reserves should provide sufficient funding through December 31, 2008. Additional reserves may be realized depending on the schedule for accepting new landscaping improvements during the fiscal year. The Fiscal Year 2008/2009 actual special tax rates are not projected at this time. Staff proposes that the City Manager, or designee be authorized to modify the projected annual special tax rates based on actual square footage and acreage, provided such annual special tax rates do not exceed the maximum authorized special tax. Actual special tax rates are currently being calculated. Since the rates have been rounded, actual revenue may be slightly different. The final Special Tax Levy Reports will include a list of all parcel numbers and charges applicable to each parcel. The valid parcel numbers cannot be known for certain until after the special taxes have been submitted to the County for inclusion on the County property tax bills. The final reports will be prepared in August. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found a conflict exists, in that Council Member McCann has property holdings within 500 feet of the boundaries of certain Community Facilities Districts, which are the subject of Resolution B of this action. FISCAL IMP ACT Infrastructure Districts The scheduled debt service for bonded infrastructure districts in Fiscal Year 2008/2009 totals $17,345,322.56 and is detailed in the table below. Projected special tax revenues will be sufficient to cover these amounts with no impact to the General Fund. ~~jj}SiiHct~~~~ ~~~~Wt'D1f6tfs.e'rv.rcC\~~~1~~~~ CFD 97-3 CFD 99-1 CFD 2000-1 CFD 2001-1 (IA A) CFD 2001-1 (IA B) CFD 2001-2 CFD 06-1 CFD 07-1 CFD 08-1 CFD 12-1 CFD 13-1 $818,598.76 2,916,301.26 504,926.26 991,366.26 830,030.00 706,855.00 3,396,175.00 3,030,860.00 1,544,668.76 1,491,131.26 1,114,410.00 4-4 L 7/08/08, Item-----L- Page 5 of 5 Maintenance Districts The full cost of providing maintenance services in these districts totals $7,749,563.00. This entire amount is recovered through the CFDs' special tiL,( levies and reserves, resulting in no net impact to the General Fund. ATTACHMENTS 1. District Maps EXHIBITS A tOOl S - Fiscal Year 2008/2009 CFD Tables Prepared by: Tessa Quicho, Administrative Analyst II, Engineering Department 4-5 ATTACHMENTS (DISTRICT MAPS) ~ 4-6 l.EGI:tlil .j:> I -.J C::::J 1W".0Jill U.luIJUWln CI'lfllClllllUJlD.lnT lllllrJ.J.1I0 I.jIJlI1W!IICC CI~mICI DCVIlOAllI ]OIlEDlIlIUlIOAAY ;..~n~~c~'~ PJ.RCU. lIIIC rnOfllHIl mCHI-lIf_WM -Y.!Cll:llr.1'JI/lL 1Jl,~~:-,~'::.,~.n . &..!!,~~~~~~ SPECIAL TAX AflEAS COMMUNITY FACILITIES DISTRICT NO. 97-1 (OPEN SPACE MAINTENANCE DISTRICT) CITY or CHULA VISTA, COUNTY or SAN meaD ST ME or CALIfORNIA A J II 7 'A~/ /2 /)7c/Ua/er;;: (VCJ/& / ?OrrC/ /7 G/n!.;iU ,t:/( K.eq 1-11 . Ill"" t..... l \ : " ,I \. ----J ....... ". '." -'. .....~.......~r=..._...=:rr:.; ...........-...--....'-- ~I.~"""" '" ,,,"J" " :'-:. ~..~ r - , f,':"\";:}:~~: ' .' " "'~',.- .,- I i"-- OJ o z f- ~I= I"-J U - , . ry _f-c;6 C2 ,~~ >- l'l~ ,_ (J) U".' <I. 0_ W '"0 ,",' ~ ~S <1: ~ -..J :2(J) . z-" zW <( Qf-"" f-- _ <( <.:~ -' ~! ~ ":"" .' . C...' 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I I --------' 5CJ.l:..E:' ~ ',: PROPOSED BOUNDARY MAP COM~WI~ITY FACILITIES DISTRICT NO. 98-1 INTER,"I OPEN SPACE MAINTENANCE DISTRICT i (OTAY PROJECT, LLC-OVP-SPA ONE, VILLAGES] WEST, 2 WEST, AND PORTIONS OF VILLAGES 2, 6, 7, & PLANNING AREA 12) Clry OF CHULA VISTA, .COUNTY or SMl DIEGO STATE or CALIFORNIA r.teo /II Iii! O'!"ICC 0.<" Itfe en., ctrrL~F}H~.:In ,:)r C..j(JL~ ~:gi~. hilS ).Bfl. (j,\f OF ~' 'i}~a.. ". "i;7d (J (J,xf'p'i clirci]nK !i~lrilLI' I.. J',11(h7Lrr ..:tr~ or (JlULA \IISI.1 Srtdf OFeAtlrOrlN/" I IIf.'ltfjraRliF"Y "(11M rHr\',I1/i1III.1Ai'5fiOIIlNC fHC.pQ~fl) lI!1t1IIllAi'J,S ex CfU Ii.. 9n~I, ul Ill, em tF c.~ut~ \lsr,l, COU~fY OF SNI mfen, SIMC OF' C,l.urOR/IIA. l\'"SM';'llo>!nfiV Im:CHYCQlJIICII, Dr lIJCC!Jl'or (/IuLA \115/11,H,.\ nrClll~n l,er/lNf/ IHf;lWf, I/!."!!) 0/1 tI,( ~ OAr 0; ~,,~._ 19~B... ElY 115 n(5OLU7J1),.~ flO. ir;>U~ I r . " '1J,,,,,~.J! (latap -CIT;c;!~llIr B;\-.;ntr I>. ",umElE! 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",-;:; ~~~ 5,,1:" ..=-:=:; 5~~ ,~" "-- ,w" ;;-=j ,'. ""::1" ii~~ ""@ ~~> w'lo":; g~;~ i 15 u i ; I ~ 01 ! ~ as I J j e;; ~ . :; ~ ~'"1 ~ ! '0'"' } I a' ~l ~~ , ;~ 55" ... d'a~ ~, ","i \ co::' ~ ~ -- ~ C) " ;,- ~ "" "" .E- , f t" ~ ~." a g;- w ~ N) k \:Q i- " -l=> I N o Ofl//f::nr -rrlfC/iJ'ClfjfK t....d...JO!ll) r<l~ OfFiCE l.,'; "'/1.. OJ; r or UJI,ll FlU:iJ t'{ W5fA. ll11S fa . V ctC/IULA. /; /J.J{'I'L_,_ ~~JlIJT'j~ltr ~;', I... 1Jtl'f/IU' A. crrl' cum VlA >'lSTA CITY or EHcilUrO!1MII ~{AT~ 0: nHtll1l ),1,r;P ~J.IOi~::J~J11 Tlfrlll1>T1liC CTOllo.9B-',1.I u!'t1l1iA, I j-/W~O"{A~E~D!1lI1r:rJiIOJJiif~ ~[CO, !.I"'l~,?[;::r or ~";,~;;:: ";~ri ~':"~;, ~II;" ?:rf,:y;;mcJr,,;'f,il: 1\'.\:> Arf'~r: Jlr II Ii[CUt, . C/lUli\ V1~'''lL-lJArOFqll? , UN ll!f ~WflO'j no. '() /.i j (I _ Dr US P./:.S,J 'il:' t {i;,I. - "11111[(0 tll" _.I~'ai lIEI'fIILYA.,. . C IT (( /CUll VISTA CJrr9fof~,\J'IFOfllllj\ 5",,ut 1906 orJill-;t.J..L;L1' 'f' ~D,'Y DClOClfhl'sor ""~,,i":;,"1I OF ";;;;:, S" "',,<;:;; D"m:~" :: """ --" '",,0 Co." ,"II"'~; ~"""'I OF , , I,S5[S5I!fI:)~f Of ftle cgX:~rORI-II)' 11/ me O~"5MIOlfGO. .......0.. COUNIY Ul.l."u~UI1llr~. ", iCl;b-_1~~ ANNo.Nt-I_VM;;; 1l1'.J.\Ll;,7 RDrn eOUtHy II~C~MI Olrco CulJNrYD~IJFontiIA 5M([ or lliillill ,Sl!JICIUOUlln."Y J.lIlHlI~"':C U C:::::1 J,lSH..cn )'~nc[t IIUIlOCW HI-III-IO ;.nc;~ UJIC & HUf/faor 91{3tlrrYfUO(l "-'~ .J..~, DO ....J""'~' . UNDAnv MAP 98- 2 PROPOSED BO C:TRICT NO, FACILITIES DI"j 'ANCE DISTRICT COIvfIvfUI~ITY SPACE MAINTHN VILLAGES 5 & 7) INTERIM OPELNLC_OVP_SPA ONDE,. SAN DIEGO PROJECT, . A COUNTY, (OT A Y or CHULA VIST r' CAlIrORN'A CITY STATE 0 h N '.~ P / I / / / , lulll<lngl 1I1-.';.OJ Ell IIId rOI1~~ !! I 110) ptgI11l:i(1 -~ L lC~,- !, -;.m"~ \ \..- CWIAIUlIJfYDOUHDAIIY D/s/mcr .,....:....,,,,,'" 'SCANNED I ;'!'!,".. AtJ~W~1l0N MAP "Q~ _.cQJlllMI!.JN!W fACilITiES DiSTI::fCT NO. 9B.2 (OL\J1J'E~~MOPEN SPACE DiSTRICT [OTAV PROJECT, LL~.OVP.SPA ONE, VILLAGES 6 /J, 7]) I Of THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO SlATE OF CALIFORNIA \ ----,.;iil .., All r>i1.T PCI1}IOil or $(CflUa 'Q, 1Om5/ItP !~ ~C1JJJJ, JJ~JI'( I ~E~r. E~Ult(~llm:":) ,J:m; u ~ ~"sJ.N' OJ ~~.l t m It R~P}I~C; r t,~1l1 I~IE pg, U. j p~ ~ AS fQUO~S, ~("III!lIIW ..., All .IICIE II/IIi! Cll IIiE 110"1110"11 LIlI,- of I'MlCel I Of t~mFlL ~ ~'j?iAl~Hh OiPJt ~llIMpI~L 111~~ltl~~S s~~ 0 )11~M~rif. T1iD,C( tWIG urn 1I0001llU.Ll LII<lIlORJIi 71 51'H' (~>1 HI""' ad 1\1 TilE 1f\I)[ 1'01l1l~' o[!;lJ~j HOl THfJlC[ IfAVlllO SAIO l lit tl~l\HI 1~ 'l)'n' o.iil Ijl~.41 n:n, 11l<1!C[ sounl ~~ ~~'j5' ust -123.10 ~~~~J.~~\m~Hr~~~ thN~'O l~~l.t Wilms 1 m~' ~ror,~! 11(1l~~~U~ I t~~1 ~ ~m~ lj~~~~ Asot~:1R:k ~~t~Vi.4H Cl~;:;~~ r~WMlifrSk(~~gun ~~l(l,g;..c~~crIP!.4,b'~L~lllt'~~lllr~ ,I. ~~94IP ~~lj:Lfl. ~~mYm l.k l~l,~t ll\u( 1'lIll1l O( Ptall~IIIlG. 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I I '" '::i:.l~~ II' 11,!; ~~~~ r ; , c, u%1 :: z r;:'" ..~ IIi l!~ ~f~ ~~ G~1"~! u-. :s=& Cf J I: I C'll", CO> ~ m ~ 0 ~ w __" 5 >-,., ...., ~~ G< o w ~ " w '" ~ . .., o o , ~ ..~. "" "' 0, AMENDED BOUNDARY MAP FACILITIES DISTRICT '/" . (OTAy RANCH SPA ONE VILLAGE ONE. VILLAGE FIVE AND VILLAGE FUTURE ANNEXATION AREAS. CITY OF CHULA VISTA, COUNTY 'OF SAN DIEGO STATE OF CALIFORNIA COMMUNITY NO. PORTIONS 99-1 OF ONE WEST) ,~{.,. .? /U[llllllll[ ClHIC(~ lIICCljf~nKor lIICOlrM (llVIA \is I" 11~S.anlJH or .I4LUi.l-. 1~'l9. , 11115 Al.ICIlDUl DOUUU,,"Y U,I.J' Mlwes lUt DOUIIO"RT UIJ1 rm tOlJ1.lUIUIT O.ru.lt4S ' \ U1511111::11IO. 9~MI IOII\T IlwrJI 5I'irl ale _ POOIJ0I1S r.Y' \\l.LACC OIl!. \lLlAC' mE /- :\".' irlIlU\tlV.r:tOH[v.!sl].tlf'l'U(WUlA\'ISTirl.CQlJfllYllI'SArllll[(.O.S!"'lEl>>" .- \ ~~;~~~~Il~ ~~n6~'I~lr~t~r,CI~r u~'t;rll"Or~criP :~c O:;~~;~ ~C~~;W~~~r lI~~O rUIUHE WlIllJfll'"5AJIUI(CO,Sl,<,lforC"ltrIYIIII,l. /" .:~/~.;/ \~J\~ HOI l'J,ltJ[XilMtLl:f\ll.G!;:lS " ,. .' ' , I. 61 1 ~OJO-09 " 1'),111 2. 6'11-030-10 .~~/\\. 1//'/:",. . ___" . . ,.,.'/ '-. I...... ..Q:'> , ". / "- ' ? /" ~~.,.. ':i: ..:;."r}- ," ..... / -'.' .}. ,-7' , I ....-<'. / ,. ("'" <:.' 1'\ .:c, ,..",- '. .. ~ ,~~. - ( .~ '.' ~. ~ './ "",.;,;' ~..~., \\~l\ ~ 1\~~'\4"),"\" \ ,...~/ \ -~\ "'-:':~1~' ..- -;:.... ~' '\ \::. \~k'><"h ~' X- \i P \~.. /#. '(--G \~:;:\ . .\~_:--::,><' 0~\..- l.~'. ..--' . '\~,\ \>~~~ ~// 0~ ~'<; [If: ~J~l-~~~lO\t Cltr or ClllJI.... 1151... 51~1( (If CAtlIOIilaA .j>. I '" w 1111l'CUlc(!l11fl11lAllli[I'IICNftlTtOCA1(.D'IIllmllIlC Alltllctn UO<UIOAlll(S 0( rU11J1I( J.l~lcUllU'1 /JIC"'S rOll (lI"IIUllllt (...(,IIIIt$ DL$lnlC1110. ~~-\. Ilk[ W'r Q( CIIUI II \lSI.... (WillY or ~,oJ1 Or{~ll. :i11lt( or "AUf 011111,1" WAS J.1'l'nUll11llr 11It Clrr C().jII~.1 or lilt Olr or rJhl\A ~lSJ'" Al jl(l(!;u~/JI YH1U1G Ih(lI(lf. :~~t~,~IJ~{~j~u:ltii ~~~ _~~W-!- . I~~~, nr Ill, -:5lLI....' 'P.-L<7J.Q'--' i:iiTITiTiii ~ir),'HD'CHCl. cUrd" CtllltA \\51/0. SIAll 0( C-'\Irllllln... oo",\\,l'1'I,(;lIDG<; /U(j1 1I115_'Lllo\'1 otSIYIIlliHl. lo!li....1 H!/)lOUfl . llf~:llO'a.OCll ~l.!.11I DOOII~_. PAc;r ...slo:a~C6 liArS 0( ASS(55Ud,l "'Ull COliuumncs I AClIII'LS ~11Jn/CIS I') IiIE Ulllct or 1II~ tU(JII!t/!{tOIlMJI ur IIle tIlU"If """''''':"m~''~~' ~llif::( Gil f 5 III I; ,llYll!:Ol1DrfI C~,J!llf Of SIJI DiEtl) 51A1EorcAurOOIllJ. """'"" - 1I.AJ', / / '~$' (( :f;:;:I~/:~~'~' , '\ -:< . f-:-J--) ~:<!~r /r::--j ,./ , L_. ~'~~. ~H . -C/O... ":J) ,. ,'. ",G'V ':-'G\\\..\.. I r. ~\ 11 fUlUn(},IIlI(JHICiI.o.[lE,oS OIITllICI OOCiI'O~1l1 f'.lJ1Cfl,IUIC 1101 APlJU .w' ~''''f' I'~ICQ' l~UIJ' McGILL MARTIN S~LI~ INC. I'i,'il /:I1IlI"u'rlll!J /"",1 11"",dll!1 S"r1~-III")J /1'''"'''",I/JI IA""''')''''''UI /'/,I,,//!. 11ol1"II,J"llIIlIur t:",".,J, JI'l/HllVI"',,1 EXHIBIT A \.I~I". ~..1 \'1:': ""ll)'.If' .1:"1 rJt1 .....8 ~Wl n",,1 .1.."""., ,\'''11'' /: ti /"1",/" 1'/'/11. C.l !/l:1Ii1 };.j- JI,ll a!. 1:1/:/ }".,%. llJ!l.~l!r, 1.1[,7 JUNE 1999 REVISED AUG 3J. J999 N I OJ OJ o z f- U "-- 0('Y ~f- ,j (f) Zo Cl. <( /"' :;;;(f):I:Q u z.W L.. W 0,.._.. < C'! - r--- Cr: <... r-_ .-J :~~~....J ""- .~. > Wu f-' Z 0 z<(v <LL' >- f- Z ~ :2 :2 o U I W Z f=." o fJj W <3: Q.. U1 !...lJ <( C2 ,::> "- ::; q<'J: ~u UJ 5?:J "'w -'I- "'", 71- U(J1 ~6' l:) ~w ;::"'0 07 ~~ 7lf> >= L- !..J~ 0 o >- J- i5 u ::--:::'-'-"--, ". ._~'~:.' '. ./"":',. .k..' o . < - ~5 :s ~~ 5!g':!888~ ~~~6~1~ ~B=~,:!Zlg ~9~"''''~"" '<5e:r.~'eI;i5 ~::~~ga 86g3~"'~ ~i!;;:; :te~S,=~,:! ;;~~~~~~ ~Ze'!lo:5p- ~~~~'ll~~ ~~!.:~~;g~ Q3ii~i!;_~ ~~~~~~~ <=a::J:BoB:!: ~"'.~:;!~~ 8C3~~d~ g::.:::~~.:;; , 5~ '=:< 00 ~1~ ~gl'l ",I\]I :~~\i~<< S~ l ~g :=3 \ j:~ "'.: \;1 ~ ~1..> ,,~~ ~ ::''''';3 ~;4 " ~~~ A I i5;; ~, ....- '. .. '. '---'. / -~"~'- f- u; w 5 '..) ./ ......./' '~" .-- ',. ..... w (~) :. .. . \, \-t:---- \. <~. "\'-' ..... 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"".' ~':,;:: '::fj i.:, ~j~ ~-r~ ~ ;, ~.i{1 ~Jf"~! ~1'"' >1: o w ..:.. ~ G :~~~.; ~::::':! ~f~:; ,"'~ , .;. :."~:: ::;.,..; ~~:;~ , g " , - Ie j s .- ~ ~ t; " BOUNDARY MAP' COMMUNITY FACILITIES DISTRICT NO. 2000-1 (SUNBOW 11 - VILLAGES 5-10) CITY OF CHULA VISTA, COUNTY OF SAN DIEGO STATE OF CALIFORNIA ru..m UlllltorJlCEf{ n1E.orr.Q./1lJ( Of'1l1C Cfl" or Q(uu."t5J.\.1l115;t.C:.J.1AYOI" ... ~a~ ....... ._~... ..n'gqf1il!'.U, .f.Mi!'IlN. " _,. r.o~p.....~. on ;;'1' Mi\~ ' ~l-d...yw- ~~~i) OInlo'll OlT()fQIUV.\\sfA srIlTtorCAl.JrOlllnJ, \ \ +> I N 01 jllf/lEOYO:IiIU"l'nrIl.T111(J'I101'mtllocAtrD'IIlnU111lIC OOOIlOARI'~ ~ CdllIUIUl!' O,ct'Jnf~ III,rruct 110. ~OCIO-l. 111( CrY Of WulA\lsr....COlJIllYor,.~~[OO.$,I^I1:orl:JlJfOOlll....W).5 N'1'/lOvru Dl IlIl all' ewuU\. cr 111( t:ln' 0( 'J}uv, ~I'l'" tJ ... J,1;~ ~W)ci~ ~;lfl~O:;I::Wn~1 ~~(~O:~411, '''-m:;~IiI'"-3:~~iiia{1iw:,.~~l i 011'01 !:ljlll.A\15TA t: ,J.(l;' _ ',. 'I' ,rArE I:i'CAllroruuA '!..~f~ , \!f;~\.!i'W ~,\o.~ ~~ 'q'J'.'i~;.../.i.1 nIJU llU~~Y 0(~30.o.u. AY Ultl1ll\m Ofll:1.tiOa.PO{,..fl...,-,tUIUOCl{ p^~a......ar IV,Pli or ~SU~(l1f A1IO COLlUlJ)~{l~S ("OIJJlES 0151111C:rs lIl11l(oma:orTl!(CO(JllNnttllllllUlOf 11L(Cll\.IUrt or WI DI(CO. cAUlOiUIl...... . ..~1j~~- COOlINnt OUl COlJUfYDFi1JJIOI(CO Sf...TtQfC,lJ.IrOllUIA ._0. .~~. \:.., ~," r I Il lOll mill 5CJ.U': 1'~ltlO' 5K3qR;3~ i.' ~ ASSESSOR'S PAHCEL NUMBERS FOH COMMUNITY FACILITIEs DISTRICT NO. 2000-1 541-020-19 (PORTION) (1) 641-060-07 (PORTION) (\) 641-122-06 (PORTION) (1) 644-011-03 (PORIION) (1) 644-011-04 (PORIION) (1) 6')1-020-01 (PORTION) (1) o (1) ,AS MODIFIEO OY MAP 1113917 (FILE 112000-0029050) U:CEIHJ OI~JruC'1 tlOIlU\lN11 fAKMlt JJlt^.. \IU.....[5 ~-IO l1J.l..\ct lJll~ .""~ ..__, _ _._ ......_.. PAAC(l./lln~[lmA\.. ME... WI! , MCGiLL MARTJN SELF.'lNC, 'CIvil Eniollr....lin" Land Ronning' SUfWVhll ' Conlll>tlnth,l v."'r&!lopm.Ol M;;;. :::V A:~~~':~::~-Q ji~na,,'n..nJ C/>,wa jlltJ", C',\ 1m/I) S r.t: 1II0-U5-t3IJ :'.... r=:::OIIl-",J6~t~6r 2C()'D-32l00'5 11Ar,lOQ!l ~JIltr I 01 . BOUNDARY MAP COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL HANCH) CITY OF CHULA VISTA, COU'~TY OF SAN DIEGO. STATE OF CALIFORNIA II"PROYEMClH ^11[^ "8" g~ut..Ut\~II~ r.r~"VI~UJl'_~r..lt,~ l1;astl.r( or ""'.--=I~'h'l.n----' _ "ifiV[i"UIK ~UJl OI'l'lfOIttV.'ol.ll" SIAl(a"CIJ.l1U11dA .j:>. I N m 1II(IlCUl'rIJllLn'lllMluc:rnCt'rnn'lochlW"NI1IIl11IC DWIj()Nl"(~ lY LUU1nJl~l't nCll.JlU:~ tllS1NOl /10. .001-1, lilt art or CI'AA \\i1J. l:l:Ulll Of ~j Dl.(l:O, .slAT( Of uun:iUl1J., ~~1i1lO'<fl} 8~~~ ~Pot~IJ~QI'~V~I~~~[J~~ ~m^ or-:5:rJ~f1: 19,aL. liT II' l~n~l 110. n""'J_":"I~1J" . . ," -, ,. OTI -:::ii"Lt_,-~ili- mYu:liiii ~ O' . ClrtU"DfIII....\\SIA STA'(U'C:".UlaIIM nuo 'nnd~o...r Clf-lllf.!M&-..... llllL. AI nlE I OfIliJ1.Q'o.OO{ .A.~. '11l1JQl.:...J..C,:.:. PM;!....A.Lf1' . ~1~~EQ(~J.!l:~~ ~~1~IIW:~~g~~I~~5~~~~1' (l"smt;((ro.CALJfOOI'.... ". i't".;;,}' c...:.lu II -Will ~llr1l1[ctnO(Jl COJJlrTif WI DClro d nut or C}JJfl)'UnA Conform~ I' -"-V ..../'~. ,.I. IMPROVEMENT AREA "A"- UGEIlQ -......- LlISlNCIDWlIlIAAY J'AAcn.UI" ............................... IUl'n~'I(.uull A1IEA DWIlQNlY /lOll tllll ~1I I'~wt rn VIlllJ\1]~a.l\atl-1Q(J1. ASSESSDfl'S I'AflCEL NUMOEHS FOR COMMUHITY fACILITIES DISTRICT I~O. 2001-1 585-111-03- 585-131':'10 585-130":24 595-010-05- 595-010-07 595-010-13- 595-010-14- 595-030-27 595-030-28 595-030-35 .McGILL MAm'IN SELF,INC. el," ~"'" ~;i~;;;'~~~"i:J~;~;:"'" "... S J'u.; 6/II,US.I:H'l OCfOOVl.llXll B1t3J' PG 1f.?J 02 thll- 07:1 U3Cf "C1ItY"1 1~~eNT A~ e, -1}l.X 1O-les AMENDED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH) (J.fllglll!:l<IJltEprn~~aIJlJ(anlt:OJTfJF Oruv.\,fST~n~YrT non'') 1aa>:. '" ~- r(",. ,J;,^ OTIa..or~ IU= QTIIJFCl~I.\Sl" :iT^l[ffCAl/JUO" .p. I N -.j IllDlfiIl' amJ'Y llIA1 THt ffItJ'{JIT'Il,IX'..l.Tm 1J1l1l1111l ,<J.104:iOI 1ll1lI1llM:CiQ'QJ..IlJ!JlolT1narrnllo:51lllC'TloD..~r-l.ruc ON lJ'Ol.U~"- 01J1I1T1:F~ caa. i1J.n::fJI ~u.. WJ.:5.l.P1'11O\flllrfnl!:aITCUlOl..CfllU:~!lctl.Ul.lQ^ t:19~~J.]~~Jl~~ !~f1l~f.l.w - Dr: l~I'/I. vCM:- ~ . ~~lr:~J 5!JWl ~ ." l1UIlWnJU1JD.I,1Dr;f!IUll-l lM Ir,All1ll:lI:;JJJl Q'I:!JUn.lXllLlJ.'I~.PJa.2L(JI' wm 0E~11/.i1ll cu.uU1D:r,lC:lJllfSCoI'imrn Wm(1IT1U:~mttllRflllaOlOOlaTlftID!lITr lFWIPl!W.l'-<UOl>U.I.. un11i~A C!JJIlrrJlQ:D;DlJl o:ullfD'!l.IJj(J(lll :i1..1(()F~~" L(GOID -....- DISnllClCt;lJ,lQ..rlT J'JJ1ro.,Ullt JI/l'flor.[l.J.Dn,oJlV,lla>IlIJJ.nY . M ,= !I:.\WI'.tw' rn "'V/i~^,'W-.\01l-~OOl-l.lliloG P602. R"3Q CI1Y OF CHULA VISTA, COUN1Y OF SAN DIEGO STATE OF CALIFORNIA ASSESSOR'S PAIlCE\.. NUMBERS fOil COW.lUtllTY F'AC1UllES DISTRICT NO. 2001-1 lMffiQ-"G.1dftlLmfU 595-010-19 595-0:11-02, 12 IhnJ 2.1, 26, 29. 33, :H. 36, 37,40,042 111m 47 595-030-.40, 42,ot3 and H ~95-75o--01 thl\J 55 505-'151-01 \hru 4:) 595-752-0) Ihm J.4 595-770..01 lhru 29 595- Tll-OJ ItJnJ ti9 505-772-01 lhru 09 595-760-01 ihru H 5505-781-01 lluu 2~ 595- 790-0] 111m 34 595-"I!:11-0l Ihfl.l 43 5!l5-610-01 tl1m 5) 595-811-01 thru 2\ 595-t11G-Ol IhnJ "i0 595-B21-0I ihnl 51. 595'7830-01' 1hlll 51 (-Z::orJ~ ',") IMPROVEMENT AREA "8" \!.ll'llll'IEilllLhllEA.Jl 5B5--Ill-05 5!l5-DW-Q5, 13, 14 .and 21 595-030-14 anu 41 liOn:: ~OUItl1ec IS UAI]( TO lllt ~r5 w..l'$r:f"J)lr,.;=">lOf'll~l;oxlIffiOf~"'J .bOo!llllol...orr'..!UIIo=....nlUO(L>.ut PAAelL ....'HU nl( DlUrOlJutS u 'illl: 1'I1~.w UUIUl.h~Tt(...eum:;l;[>51nrcl.ruCll,~Dl'~ UlJ'tSUU.tOIUlU fll<l Mi 11c< QtIJ.ll.S .curUJlJlUj~ 9.)01 rNlClU. n.'''''-''''''''''''''''''==...tN. "U'=~t:,.>u.,,= 1l.>,:O,..t"'~"~I-Ll_"1 ""'-""l"'\I4r~.~"r.t~ ""D=.....'mMa>-:.:lp..""'Cl. """" ... IMPROVEMENT AREA 'A' 11U~ UIJ' I-tlDlll) nu< DWI-tWIl UI.I' fOil tl:~<JUIf[Y F/o.tJUTtl:!! C11"'/ll,(;fllo. 1001-1 'S"!! Lcl:IJI1. a/.JIDr Cf" nit on tf OlUU ~.. [OJlln Of ~I 'HUI.. n.m: ~ C.WH.II.....ntCD1llUlIX1/lllD1". ~ml "SLlG\""11IlOHllll UIUI-~211111 CPQl: 31. ~...t-E iJ Cf" WI'S ~.n ~!Jl1 OISll'iICIJiAAlltll'Mllll'rrf!OunUI;l51TUC1sIUlllEIII"fj:( CFUl!:flt[CO'infIla'TIlC[tt>>mor~,lJ1Mto. . (zoNE '2. ) II.IPROVEMENT AREA' "8" McGILL 'MARTIN SELF. lNC, C;:viJ E"~i",,.-ri"l1 lAnd fjJJ.nni,,~ Sun.vino NM ..-s .,If J' Slu.l, $v11. l~n 01,..1", Vbl... 1.'.4 9rlllll T.l: GJS,,fI5..l.9U F= GI~-"l'.i.rJSl or:-:t7076 :D'lllUOlJf..... ~aT, ()( l ANNEXATION MAP NO.1 OF COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH) run IllllE emu:. fS n~l;lfr~; 'lit:: I':lIY f$ Ou.J.y.S1~n~"'Y ,_l'lI.llS: "' ~~riiJ""Jf;",;, :'1 a 9.1'.,.I.j o.t;(l.mI' arr r:I C1MA mTA 5T"'rc~CN.JIDllM -I'> I N 00 lllmal'i (UlTn'1liJIT 1US IJIJ> !ii1O\W5111( OOJH{Im't!l [f"lUI1llrolY~>Q2IlroOCilliQtllTOl;OlllII.lI-!lT1' ~~oW~~2f'cn'Jrt~~JF~~^~ rJ l:N.Jl'CflHl.... WJ.:il N'PII!l'>UlIlY nit QIT ~(:I.. ~ n~ QIYAl^~~..nlrn(Cf',lI11.ooUn(l: jk~._.f,~h J.ooJf!..!!fJfW. n.a;aJJllCilflll ;>m~.irll TIC; IJ#lO(.I,l\CtIlLIP,I.lIOfJ~ nIE: OOJltlAAT!.IN' rt:rl ~rrO,CUOOi",~rl/ll 2W1-l {SAlll.11;VU. '....BOl) rE nlf art tJ' QUA 'om^- CWlITl' or uu OU:'%,.~~~1f~ ~ ~},. PftlctlllIWlOOl [fl ~ATDOO{ .,~ C'/' \jJ.PS~~r/HJCW\.lIJlUTr,\CIUf\f:~OI5'lI\lCTS, ...r f'JoIX '1~ ~I Till ~n<:E tJ' TIll: c:(U1TY Il!:caOOl rm TII!: ClMJI1' OF S,\jl tW;O, va:'l~ If!; \.: orr~ ar1a'ClIUV,I1:i'A swrU't:.\lJTaJ.I4 J~ . IUllJln:>.lli!!.fI^~l1"~lllr-i "_.:2IU..C,ATll1rHM rEaLo'WXl( .J'Jl.~I!l~.rAfX~u' IoW'S tJ' ~l /I<fJ c:wJ.O.aOCS (.lnl.!r~ nsmIC1'J II lilt una: tf' lllE toJtlTl R(o:EWI a' TIlE [':(;l,iH11' tJ':W1 t;.;LCQ. l:JUav.u. or. ,i,l.i/f'J1JIA: ~\\ ro,m"""""" ClUnY tf' SNI tuW S1A1ttJ'cJJJf~^ ltCEllO 1",'J;'::;"if!il(! '"!I'~'!~',,, i. J,/IOAl\(Il;.M.), _..._ D,51Il:ClJllAAIlIAAr p}J1cu.\.I1lt ......................... Wo'flO>UlOITJ..JlU,OU,lllllMlY , = ,= SClJ,lJ\'..101 rn f<VlIONI1lQ.1V:fth1'!if.19 IG 0/ CITY OF CHULA VISTA, COUNTY OF SAN DIEGO STATE OF CAliFORNIA IMPROVHiEtH Ar~EA "8" ANNEXATION PARCEL NUMBER FOR COMfJUNITY FACILITIES DISTRICT , NO, 2001-1 595-030-14 ""=,,,,""""..~IT ...."="',....,,.- =-Jll'o.J~,(II_D;.J'''' lOI~=I'J=,,,=,,,r<r>l""""'n ''''''''Ol:l~'''i::-=~m""a; Hom ]lIS AA1lEJU.l1QIIlAl> =>11m roWRII rm JU WAC; ~ lU TIlE D\TOIT Q' 1HE n:Mlr\'m' 1J~IDJ:ij 10 nlC UiC'<I:: nnmolCElJ ColJ,UUhlIT rACll.lncsI;llSTruCrPilO\tOOl,Il~JlfTmDiU"ISIlAOC1llnu: ~'~WJ>:iQ'nU:~tTn!fa.(Jjlrrll'~IOiJ:l;Qml^ PCI/..Un 0C50ii'11CU IF nit lJli.ts 1.110 tl\.lQ/!;i~1S CIi' n;;:: I'AACfi.S ~IOj.u:.w "",iUl mE: Wllf):Dl mlllJrmr 1./-10 :;ll':ll 1.l~:S !.l11.l.L CDlU~1 rm Jol!.. ~tJW PlI'~IllIG IllC UllI:S AlW OOillu;t~IS or !J.JClI /,AIlC(15. IMPROVEMENT AREA "A" IMPROVEMENT AREA "s" I McGILL MARTIN SELU: INC. CIvil En~I""orl,," fund. R"",,{llll SWl>ilV!Il~ ~ n.. S 3n J'SlurJ, Sullo 100 CI,uJp,l'lila,CA9/11ID fa: rm.~ZS.1343 J<= Gj9.42.5_IJS7 or- Z-707S- :;cJ>lUlOOI:!OOf ~1lTT 1 a-l . BOUNDARY MAP COMMUNITY FACILITIES DISTRICT NO. 2001-2 (McMILLIN OTAY RANCH VILLAGE SIX) CITY OF CHULA VISTA, COUNTY OF SAN DIEGO STATE OF CALIFORNIA OISm-CT!KIIiIIlNlY ASSESSOR'S PARCEL NUMBERS FOR COMMUNITY F ACILnlES OISlHlCT NO. .2001-2 643 052 01' 643-052-02 643-052-05 ~'~fl~ ~~,.~I(~,.'~rz:,1J!i Of" n~_rL ~y\~"",~,'/.L..:.--' ~.. arr 01 tlu.A \1111. . ~t.\.lt U' CJUtII\lL'j. .p.. I N CD ~ ..,.; \!, ~V:~~.~:}~~J~rtl~WH~~\~~ TIlt: ~ On'1I QIU..A \lu.... tQ...IlTY t:I lU.Il t<<PO. Sl..,( Q' UU'a\lr.... ':l;] \I'M .....,..,..0\Cl IT nil!: Clrr'cxuOCJ.. tI tile a~ ClMA \till, 0 ~~~~=.~':~_. ,. 'l:; nw~r~ h L ,"{'.. eny ~ CI.!I.,A \lnA STAn: rf' c.o.urwtltA . run nu1Uf.pI>1 OI.J::'~'JP2.L' Ar n~_"OJ\l " -, . nr):.i1..11'~ .t:...1J...I tIOQ(.J.L. ,~ ....LL.... Cf" II/oMUF~rloK>~na.'Aa.lll(JOI~~r:< .1 'Ill: OITlct rrnlt roJIHTfll[;QIlDOI. r:Jf mE COUIUY (;I:l.I1l ~ r.A.l.I'~.~.......,;;~~.>~:." . HOltl n(1Cn~l~ls\.lMl( JOIII[ ASU,Wfj'SIJN'SOC lilt ..,ssnsoo!;f mc trAltnlrrSIJllJ[IlOrmAPrll>ll.fD DCSO'Hl'nDll ()( (/>Ot f'^nctL Mila,. 11][ ~llU'llIMU (L nle PflOI'l1UU CULJlllllUIf HClUIIU UIlmel. ~UClI .u~UUIS 111>1'1 SoU/J.t to\1nl! f(ljl1.u. m( OCt...., tCtjt:;(Il,klla lJ.JOII'AAULS. .. pl\lCll tEGftlD '" "".,.,l.I'i~ 1i1l:O<<lY.L I {):;UITYlItturoVl cc....urr rs S>JlllIUX" .1r.l,lt~!:.IU"Db"'" "r/l1lCD.l..IJ( MCGILL MAflTllJ SELF. INC. ('IIJIl !'Jllllr~...d"" 4.<onJ Hl$nr~tng' SurwVlllll '00 ,~.~ $l'.>.u..~'o-4W LU Conformed Copy ~ ,." S . 311 I'SI,..."I, S..1I. IDD C/..,)", Viol... CA DI~llI r.r:6/fU.5,/J13 H..: tIj[J,Ui./'J57 IU.JICl~ ~<<Jl '<I:\f'>\n1\'lIM:J\t:fU-~OOI~~"U"lll , . 13K 310 PG 31 J-002 - 0 S J> '10 ~J> lJlO:llllfl !3k3f., PG 110 AMENDED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 06-1 "EASTLAKE - WOODS, VISTASAND LAND SWAP" n..' IVI' AIWOO4 111~ OQ\lI(l).(U 1/"" tu/lMuty rAOtlr>O' ~d~ Ill). OIl,,", "WTlJJIh-" ~~lIAI ~'iJ l.JJ12'~~M ~IT QM.J.~F-~l... ~r.ri'ilLJ ,l;.jl~~'mt'>>;" ,,~p .!llI,f!,.IIJM"riJ.ll:5Nl1mf oi'rNhI ctJI.1lAAllh mulV QI'llOOrJ Ill/I( R'flQ1 TI~ /I1..CUI'lCKll CO' llL.('OC!JIIlYl)i"&<Ij\llUlll. CITY OF CHULA VISTA, COUNTY OF SAN DIEGO STATE OF CALIFORNIA "ro"n.~"no~~~,.ao~ e' dM.A',\51"'l1l~fr"''' .,.~. , . ,~. . .. . .:-. .~:< . ;~. . I . 0:'0 .-:=1;;:""Ir\,,-7';?.s:.~1.t.ll~__ b~~- mn(J'"Q'Cl~~~ " , , . . "'" I w Cl III(~ tUll11Tlll/I.T T1rl:~tJm lOl;AlID JfIJrif lilt ,,\ll:lkXP ~U'AA~~~~N"~~~1l901~T~a1'~/.. w...,.,."rnlMD ~ a~f. IC~ r#'W'tarr Qt'" alVl..4 \Ufo'. . Al,!';.";ltu,J,If~;all ~,I;I.O-Ullll%.~nA.Y OI'-'~~,)~J.'t!.'IIrUl~.lInult/U.~/. W:;~"",,",.fui"r~ ~~'a.'~"'\''''A IUtiIf CJ,UPaOLl ~. tv>> ~-.J lLp.J.Y rlt~.~aAL..u ~lOOn ~~'}'~$Ul..LlT L~~~~ro ~~~ 1111": t.'l\(:('tI' ~lt 00JtI1Yj\.[CO'\lUJl ~ lIltCOJllTY 0( ~NI 'It!J??. l"J.ISUIll,.\... "~,,I;IJu,...Jrr.:llr' " 't(l.IIH'f caCllOl 'w:rrJ~w: . lm'lill -....- MTl\ltlIli:UlIP/I,'!T f"N\W-UlIl: ~~ 1'Jl.&j lIJlIIlCIYWOHAA{}, .~. CWStJllCT.nr.olll/ll\lU llJPllCMl4l.tAAo.'u'tf5TJl(CIOWllClJllO "" 1IOf^,UH ,,'" p:.lJLI'..16ro' .:.rn Bk3" pc;, llO WOODS (ZONE 2) IMPROVEMENT AREA" A" NAP /696-060.0271 conformed Copy D[,TAIL A tITS ASSESSOR'S PAHCEL NUMBEHS fOH COMMUNITY FACILITIES DISTRICT NO. 05-1 VISTAS CLONE 1) 643-040-014 ,.J'!90DS (ZOI~E 2) 595-050-017 595-000-031 595-000-032 595-000-034 (POI<TION) (1) . 595-090-001 LAND SWAP '59S-070~a49 643-020-'-041 643-020'-045 643-020-048 643-030-013 643-070-005 " ~'1 (1) AS MODIFIED BY PIIRCEl,; MAP NO, 1'1371, RECClfWED ON AP(llL 23, 2002, CEfHlnCATE tlO. 1002-0J<l1321 'FOR TnAct NO. 0\-09 EASn.AKE Ill-WOODS. ::.mitMEWWII tl~'i'i~ ~ ~l;'f, ~~'m~I.~tn..tl'lI11lr PCil;l11l'Ilul ~ unll'AACU I>llllll Illt IlWIIUMIU r:I IIle ~1I"'O:.w ~IIIMY p.ovll[]; ,,'TRlCl. 90101 MLfU"fS ...\J'~ I!JIJJJ. co\i1'J1 tOlI}.U 1111 .-ll""-I CQIU1!II,lg $lJOIl'Mal..S. .McGll.L MARTIN SEL~ INC. "'\/U 5l1j1ln"rI,,~ Lund ;i,,[lnh'~ Slirwl/llIU 1M ,,,.8 3U rSI,..I, :;uU. loa C/.,Jil I'!.l~. /:,1 PIQIO r.r:6I!u:6./.l/J J'..~, UJIJ.aS.13d7 .}(]OJ. - 01ftJ3L/ [{ HPlll.llllil, lO\)l lOll:[ll<.r\ -1>0 I w ~ ANNEXATION MAP NO.1 OF COMMUNITY FACILITIES DISTRICT NO. 06-1 "EASTLAKE - WOODS, VISTAS AND LAND SWAP" ~>>I~~~d?;.~~"$~fJT lI~rrr.- ~. ,",," -......- n _l.a~~~ll- ...,;rn'(D..Ql:( ~l~' CHYCf"OlL\\lrr... l\.MCor~{RU, IlItltUNWlrfYllV.l'J1t:lWl'li~ll1(~ I;InmTOi\rfl't(POXlJlll=:~Tll~lrr ,~p:;I~1tO. ~-I(USlVJ<(-~~", ~~":;r4~nl(arrf6~~~~~~ o.N(tWC1[1(.)JI:~loUl)fJ'ltlOlf..t(. 11l!JJ':!Jl1l -~""''''':Z:;L-.....Drn,tI...ylJll'" ~~~~''':...~.w.~~ tn&UolTYIAl11rtllu:ma:fllO.oa-l{..I:A'U lUC-WOA, \ilUU JJC UJO H.l.PllJll'" nt!. 0lY f:I" OUAWTA.c:n.tllY~~lnA~~ ftQO;tlltlUUDul .I..T~"'q(.- ~ ~~,,:~NqJ~r~.fu;~ toJlIJY~n.ll"~a'Wlo:a;:u, ~__.. ::::>'r" ~tlNU1R{ ortf#QU),\t11A 5L\Tf "'pjYJ:flIo.... :UWI~ IUllll~\~A~ .~'W-fl/?-.^1 r~~Cf'WJ.nC1'oor:~.:Il~lU r,oaJUCl~ IHu:tmj::tD'llI[~rr~ ~:::~ '?l:r~ , .li.CmODl QtW()'Ir.1.alIlIl (#' VII Dr.lXl \(I;ICJUtI\llA 1 , , ~ I . I ! ?: I I ! = _...._!l:mllCf~ P>>lal.t.H: ~.,lJI4XoI1lCIJ.l1iU lW' IUlT.... PAIll 'm ",,, - ~r.'''' . CITY OF CHULA VISTA, COUNTY OF SAN DIEGO STATE OF CALIFORNIA WOODS (ZONE 21 IMPROVEMENT AREA' A" NAP 1595.080-027) LAND SWAP IMPROVEMENT , AREA 'B' DETAIL A IllS )<,37 ,JO(y3-01/.50''11 ;< Conformed Copyq 'ANNEXAtiON PARCEL NUMBER FOR COMMUNITY FACIUTIES DISTRICT NO, OB-! 643-020-055 I1aTt1 lll:Jli.llcu.To:lIlWJ'~WJ...llo:M'.ft.IfIJ'\U1.DOI.U~lUlIE lXJiHru \II( \tJIJIW.JIt mlOm m Ole AW\t: I'IflUl!OIC(l) CauHlT r~u.m-cJml1\'lOOl.~WDllil1 ~ 1lJ.lX 10 lilt: ~~IIOi':ict'l1j("~urllt:au(rr17"".Cli(.l;lorpOA OCTAUll~laFl'I.(I.).l(S.ol:i~t$ornlt'.<1lt:D.S. Il.II:ll.UlJ l:ln"'ll~ JhCnl rnmltDIr ~ a;a11llV'$ IIWl ~ (OR JJ..I.t<1""-'.l.DH(lRl.1O'IIl(1.l~H'tl~OIf;lllCllf~11 MCGILL MARTIN SELF, II/c. Ciuil I'ng'll.U..r"l1 u..." i'l"mntTlll .:\"~lnll ~ ,.. S JU r St..-ut. Hull, NO thlW.L YLdll, CAli/Sill tIol: '11i.jJ!4.fH~ j".u:; 819.~jlS.f:Jrr 4~9 Il.lJ1Dl ;wo;J SlIl:(T\l;f' I ...5JJ BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 07-1 "BROOKFIELD SHEA OTAY VILLAGE ELEVEN" ru.1I.!ll\t~1'f",nl/:OT!u.Dll(Ofnf:'.mJOf OU..\MA 1M ....'1 ~ IlVl-;- ". ~ Cl r;fQMA\lUol. ~ l[Cf't.t.t..rClUU ~~~,~~~no~~~a: UN\:f"r;)MJ,~ LIAAllYl1fUHDI'0l,1I1An;:cfc..oamU. IrA.lJJ'fll\Il'lWg'f CQlYCQ.Go\"1tf"lIt!.OT'tIl'.C1l.U\.lW. "f1/~ nGLa.!lWlutnr:~D"'Y. DI .lllDTII1I'l!Jlo1l1It1II<O-~. on - , 01 Of Q.U,.I. 'ol:OI4 'fIIQf~ ~- ./>0 I w '" l"ftI\ \~"...,:,W . '~ rull,rl1:9..ll!f'll 1&....~,7ll.I!.:...rl1lfl""m ~e.rlo.=< r~~~~r:i-~ allllCcrna:Ofll w.NT'I'nu:a:walOfllllCOJJrTY Of'U.llblUl, >- I , 3: . '" , '" . , i r$ " m1!l;>I;fllCJ.MlAll1' "- j '" '" . tIOT"'JJlT "" I o! mlt pClJ>(J,I,/{T '" , , "" ~ W ~ l ~~ rn j I ....,~ ! 1 01< 1 1>6 at CITY OF CHULA VISTA, COUNTY OF SAN DIEGO STATE OF CALIFORNIA . ASSESSOR'S PARCEL NUMBERS FOR COMMUNITY FACILITIES olSTlRICT NO. 07-[ 643-070-01 643-070-09 [/ ~ r:'"ff.1~~~r!ik~~~~wrr':l !N<I.o.t...,rl:ll^IIO'" llt=f'nallll" (J.Ol r/oJIUl......nllf ll1E IlWl,O/.m('JO"llL( rilll'lQj) l:OIaUIIUIY rA11lr.c:i IlI~lRICI. ('.IJOI ,,~~~s >lJ.I'S ~IAU. ~hUl" tOO AU. Ill!: jlU/.lS COllr:fllJl~'D ww ~A.llm$. 1HIS POR'nDl~ ( ~) IS NOT IHTEI<oED TO BE INCLUDED IN THE FINAL BoUNDAfIY OF TIlE DISTRICT. McGILL MARTIN SELF. INC, Civil En~j"..rlllg .!.<Iml ft.""dng s",...vt"1 .~ ,;. S II/I r SI",o/, Sullo ID(I 0Iul4 i'i..to. CA IiIDID f\ll:IM.-I1/i.IUJ r~oltu1S.1J51 1bO~- '13/82.- Ji~U/.llQt~ :il1U"l1'-" , CU>.\RE. 5" \)R~ ~'{ -l:> I w w ~ ,,0 PKWY MuniFinancial r~~ouOrw. ~tf~~~:-(:&) ew-:golO r;awt1':(l'IQ1-lll (I4-Cdl ........ltJOO:1 Bk3b BOUNDARY MAP OF PROPOSED COMMUNITY FACIUTIES DISTRICT NO. 07M CITY OF CHULA VISTA CQUNf'I' OF SAN DIEGO STATE Of CAUF'ORNIA ""'^". "" """"'" p","",,,, ,0> , . 04~U20-4-:l G'~lJ ~" IMPROVEMENT AREA NO." 2 (lAND SWAP) P\l(j>CI&D lXIJt.lOAAY (j) Conformed Copy UAI' R.(tYRtJ..lCL HUI.WDl 1'6 ~ >- SHEET 1 Or 2 re.mlNnIi:Ul1cr.~nI(Ol1'a.mxTils .rfl'W.TOf' .Jul'f mo.Qi. ~"~~~l.Jv- on o.D~ OTtOfOfJLl\.\STA . I lUre'!" CDlTifT ntH THE l'tllltl loA"" ~101IU'" PflOf'OXOIlQ.1llOAAE1i <:I OT'( Of 0....... .,.",110. cntl.#.UJY rJ.Cl.ma t>.S"lru;:r Ita. <J/lJ. ON Of l;l1lA.A '-lSl.... ~UIY Q' :'Wi t;JU:A .,UT[ I)" CJ..l.JFQ{IU.. wAS .lI'f'tI()~ DY ll1( 0lY UI.ll!CL [Jf M. 01Y Di' UJ..Ut4 '" A R!;l;lJ...NIllnblO Ti~~. flUtl ~ 'tilE: ~ 1>>.'1 01 ~ =.t Ut ll'S H.$a..LJn:::ti Ito. h..... 'I ...."....;.....s=: ~ OTy a..IJII( f(- OTlOFOUA\of5TA. 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(ROLLING HILLS RANCH) 11M CIlY OF CHULA VISTA COUNlY OF SAN OlEGO STATE OF CALIFORNIA BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 12-1 "MCMILLIN OTAY RANCH VILLAGE SEVEN" CITY OF CHULA VISTA, COUNTY OF SAN DIEGO STATE OF CALIFORNIA g~J~~II !f{un~A~lVHt,~ ~ l~~ or , DY: -:;:::SJ'/.t,"/3..'d;I.~ err CU:Jli\ ~unr~ t1TlOfal\lLlVlST.\ STAlEOI'CAUTOi1JIIA .po I w CD t umror anllFY 1I1I>T '!llf PfiOl'ERl't lDC.\TUll\ln~, lilt btJ<JI<OMlCJ Of to\lIlUIUfl' r,.oul\l'.!l OI$Tl\I<;'f no, ll-l na:: ~,g ~fn~ ~f~l{gnriTT~l~~O<l~. 6~1~ QF ~~~::rn:- AT -:J.:~~n W[CI\I.'~lIlrn(Df, 110.0 1><1 IlIC .!aPtf1.r OF.. ..Oc;;>Il"TH'SI\(Stl.1l1\OIlIlO~I. or, ~J..r A I "'B '.Y~ []n~ ~U~IJ'r"O.'fJ.AIl.' 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' -" 3 iI-I . 8 ~~ ~ ~ I ~ ~~~ ~ ~Iu 5' :E m ~ ~ ~ EXHIBITS A THRU S (FISCAL YEAR 2008/2009 CFD TABLES) 4-43 EXHIBIT A Community Facilities District No. 97-1 (Gtay Ranch Open Space Maintenance District) Actual Rate Special Tax Area A: Residential $0.tOS6/sf $0.082/sf $O.lIIO/sf $O.lIIO/sf Non-residential $1,471.58/acre $647.24/acre $1,505.26/acre $1,505.26/acre Vacant $1,664.7I1acre $O.OO/acre $1,702.81/acre $1,702.8I1acre Estimated Revenue Special Tax Area A: $660,054.00 Special Tax Area B: Residential $0.2545/sf $0.2545/sf $0.2603/sf $0.2603/sf Non-residential $3,267.6I1acre $3,267.6I1acre $3,342.40/acre $3,342.40/acre Vacant $3,695.05/acre $3,695.05/acre $3,779.62/acre $3,779.62/acre Estimated Revenue Special Tax Area B: $1,235,596.00 CFD 97-1, finances open space maintenance for Otay Ranch SPA One Villages One and Five, and consists of two Special Tax Areas. Area A covers the entire district and includes maintenance of parkways, medians and regional trails along Telegraph Canyon Road, Otay Lakes Road, Paseo Ranchero, La media Road and Olympic Parkway, Telegraph and Poggi Canyon detention basins, channels, and pedestrian bridges. Area E, which excludes the McMillin development, maintains connector trails, slopes and perimeter walls or fences along major streets in the district. The Fiscal Year 2008/2009 budget for Area A is $660,054 and for Area E is $1,235,596. 4-44 EXHIBIT B Community Facilities District No. 97-2 (Otay Ranch Preserve) Land Use Category Maximum Rate Actual Rate Maximum Rate Projected Rate Estimated Revenue Special Tax Area A: Residential $0.0162/sf $0.0138/sf $0.0165/sf $0.0165/sf Non-residential $264.34/acre $202.01/acre $270.39/acre $270.39/acre Final Map $2M.34/acre $O.OO/acre $270.39/acre $270.39/acre Vacant $170.60/acre $O.OO/acre $174.50/acre $174.50/acre Estimated Revenue Special Tax Area A: See Area C Below Special Tax Area B: Residential $0.0063/sf $O.OO/sf $O.OOM/sf $0.0064/sf Non-residential $102.16/acre $O.OO/acre $104.49/acre $104.49/acre Final Map $ 102. 16/acre $O.OO/acre $104.49/acre $104.49/acre Vacant $65.93/acre $O.OO/acre $67.43/acre $67.43/acre Estimated Revenue Special Tax Area B: See Area C Below Special Tax Area C: Residential $0.0168/sf $O.0168/sf $O.Ol71/sf $O.Ol7I/sf Non-residential $270.71/acre $270.71/acre $276.90/acre $276.90/acre Final Map $270.711acre $270.711acre $276.90/acre $276.90/acre Vacant $174.711acre $133.76/acre $178.70/acre $178.70/acre Estimated Revenue Special Tax Area C: $513,831.67 CFD 97-2 finances perpetual preserve maintenance, operation and management, biota monitoring, preserve security, and preserve improvements in the Otay Ranch Preserve area. The Fiscal Year 200812009 budget for this district is set at $565,000. This budget was provided by the County staff, which works in accordance with City staff, together known as the Preserve Owner Manager (paM). County staff has included in the budget one time costs for baseline biological surveys on estimated additional lands conveyed to the paM in FY 2008/2009. 4-45 EXHIBIT C Community Facilities District No. 97-3 (Otay Ranch McMillin - Bond Issues) Land Use Category Residential Maximum Actual Rate Projected Estimated Rate Rate Revenue $0.3920/sf $0.3199/sf $0.3920/sf $0.3920/sf $4,000/acre $3,226.14/acre $4,000/acre $4,000/acre $1,OOO/acre $O.OO/acre $1,OOO/acre $1,OOO/acre $7,954/acre $O.OO/acre $7,954/acre $7,954/acre $7,954/acre $O.OO/acre $7,954/acre $7,954/acre Estimated Revenue: I $1,041,870.89 Commercial Undeveloped Property Owner Association Pro erty CFD 97-3 was formed for the purpose of acquiring and financing public facilities improvements, such as portions of La Media Road and East Palomar Street, in Otay Ranch McMillin SPA One. Fiscal Year 2008/2009 administrative costs for CFD 97-3 are set at or less than $75,000 (as given in the bond indenture), and scheduled debt service on the bonds to be paid from the Fiscal Year 2008/2009 levy is $818,598.76. 4-46 EXIDBIT D Community Facilities District No. 98.1 (Otay Project Interim Open Space Maintenance District) Land Use Category Taxable Property Maximum Rate $132.6I/acre Actual Rate $127.33/acre Maximum Rate $135.64/acre Projected Rate $135.64/acre Estimated Revenue Estimated Revenue: $87,582.75 Community Facilities District No. 98-2 (Otay Project McMillin Interim Open Space Maintenance District) Land Use Maximum Actual Rate Maximum Projected Estimated Category Rate Rate Rate Revenue Taxable Property $6 Ll8/acre $O.OO/acre $62.58/acre $O.OO/acre Estimated Revenue: $0.00 CFDs 98-1 and 98-2 were created as interim districts because the areas of Otay Ranch included these districts were not developed and the density of development was not yet known at the time that these districts were established. These districts were formed to provide a guarantee for financing of a portion of the cost of maintenance of portions of the parkways and medians along Telegraph Canyon Road, Pas eo Ranchero,~and Olympic Parkway. They also include the Telegraph and Poggi Canyon detention basins and channels allocable to the properties within these districts. Both CFD 98-1 and CFD 98-2 will remain in place until a permanent financing plan is established for the maintenance of the facilities, through the formation of new CFDs. A portion of CFD 98-1 has been absorbed by CFD 99-2 with other portions absorbed by CFDs 08-M, 12-M, and 13-M. The Fiscal Year 2008/2009 budget for this district totals $104,506. A portion of CFD 98-2 has been taken over by maintenance district CFD 08-M with other portions f the district covered through CFD 12-M. None of the improvements in CFD 98-2 are expected to be turned over to the City in Fiscal Year 2008/2009 and therefore no special taxes will be levied within this district in Fiscal year 2008/2009. 4-47 EXHIBIT E Community Facilities District No. 98-3 (Sunbow II Open Space Maintenance District No. 35) Land Use Maximum Actual Rate Maximum Projected Estimated Category Rate Rate Rate Revenue Residential $447.87/EDU $447.86/EDU $458. I2/EDU $458. I2/EDU Commercial $3,908.16/acre $3908. I5/acre $3997.611acre $3997.611acre Industrial $3,490.94/acre $2,6I4.05/acre $3,570.84/acre $3,570.84/acre Undeveloped $2,676.09/acre $200.39/acre $2,737.34/acre $2,737.34/acre Estimated Revenue: $1,285,234.95 CFD 98-3 finances open space maintenance in the Sunbow II development. This includes maintenance of street medians, parkways, slopes, drainage channels, and basins, and biological monitoring of native and re-vegetated open space. The Fiscal Year 2008/2009 budget for this district totals $991,464. 4-48 EXHIBIT F Community Facilities District No. 99-1 (Otay Ranch SPA I-Bond Issue) Actual Rate Zone A (Village 1): Residential $0.28/sf $0.2148/sf $0.28/sf $0.28/sf Commercial $1,600/acre $1,273.36/acre $1,600/acre $1,600/acre Community MOO/acre $0.00/ acre $400/ acre MOO/acre Purpose Facility Estimated Revenue Special Tax Area A: See Entire District Below Zone B (Village 5): Residential $400/DU+O.29/sf $300.7lDU+O.23/sf $400/DU+O.29/sf I $400/DU+O.29/sf Commercial $3,717 /acre $0.00/ acre $3,717/acre $3,717/acre Community $929/acre $O.OO/acre . $929/acre $929/acre Purpose Facility Estimated Revenue Special Tax Area B: See Entire . District Below Zone C (Village 1 West): Residential $400/DU+O.44/sf $303.64/DU+O.33/sf $400/DU+O.44/sf $400/DU+O.44/sf Commercial $4,266/acre $O.OO/acre $4,266/acre $4,266/acre Community $1,066/acre $0.00/ acre $1,066/acre $1,066/acre Purpose Facility Estimated Revenue Special Tax Area C: See Entire District Below Entire District: Undeveloped $8,864/acre $O.OO/acre $8,864/acre $8,864/acre Property Owner - Association $8,864/acre $O.OO/acre $8,864/acre $8,864/acre Property Estimated Revenue Special Tax Area C: $3,788,030.12 CFD 99-1 finances public improvements in a portion of Otay Ranch Village I, Village 5 and Village I West. For CFD 99-1, administrative costs of $75,000 (as given in the bond indenture) and scheduled debt service on the bonds of $2,916,301.26 are anticipated in Fiscal Year 2008/2009. 4-49 EXHffi[T G Community Facilities District No. 99.2 (Otay Ranch SPA 1, Village 1 West - Open Space Maintenance) Land Use Maximum Actual Rate Maximum Projected Estimated Category Rate Rate Rate Revenue Residential $0.4542/sf $0.2402/sf $0.4645/s[ $0.4645/s[ Undeveloped $5,602.89/acre $O.OO/acre $5,731.l3/acre $5,73l.!3/acre Estimated Revenue: $1,226,731.42 As verified by the City's Special District Counsel, property owners within the area of CFD 98-1 not included within CFD 99-2 will only be taxed for landscaped areas from the centerline of Olympic Parkway south to the District boundary. CFD 99-2 has taken over the financing of that portion of costs of maintenance allocable to the property within CFD 98-1 fro the centerline of Olympic parkway north to Telegraph Canyon Road. A total budget of $737,002 is for Fiscal Year 2008/2009. 4-50 EXillBIT H Community Facilities District No. 2000-1 (Sunbow II Villages 5 through 10 - Bond issue) Land Use Maximum Actual Rate Maximum Projected Estimated Category Rate Rate Rate Revenue Residential $0.4400/sf $0.3829/sf $0.4400/sf $0.4400/sf Undeveloped $7,85I!acre $O.OO/acre $7,85I!acre $7,85I!acre Property Owner $7,851/acre $O.OO/acre $7,851/acre $7,85l/acre Association Pro erty Estimated Revenue: $667,703.96 CFD 2001-1 finances various public facilities serving the Sunbow II development such as Telegraph Canyon Road, Medical Center Road and East Palomar Street. For CFD 2000-1, administrative costs for Fiscal Year 2008/2009 are projected to be $75,000 (as gi ven in the bond indenture) and scheduled debt service on the bonds is $504,926.26. 4-51 EXHIBIT I Community Facilities District No. 2001-1 (San Miguel Ranch - Bond Issue) Land Use Category Maximum Rate Actual Rate Maximum Rate Projected Rate II' Estimated Revenue Improvement Area A: Residential $475mU+O.34/sf $411.54mU+O.29/sf $475mU+O.34/sf $475'mU+O.34/sf Commercial $5,0911acre $O.OO/acre $5,0911acre $5,0911acre Undeveloped $1O,376/acre $O.OO/acre $1O,376/acre $1O,376/acre Estimated Revenue Improvement Area A: See Entire District Below Improvement Area B: Residential $475mU+O.S2/sf $475mU+O.S2/sf $475mU+O.82/sf $475mU+O.82/sf Commercial $4,000/acre $4,000/acre $4,000/acre $4,000/acre Undeveloped $1O,444/acre $8,922.l7/acre $1O,444/acre $1O,444/acre (Zone I) Undeveloped $4,444/acre $O.OO/acre $4,444/acre $4,444/acre (Zone 2) Estimated Revenue Improvement Area B: See Entire District Below Estimated Revenue Entire District: $2,222,298.38 CFD 2001-1 is divided by SR-125 into two separate improvement areas, Improvement Area A (east of SR-125) and Improvement Area B (west of SR-125) and finances various public facilities serving the San Miguel Ranch development such as Mount Miguel Road (EastlWest), Proctor Valley Road (EastlWest), Calle La Malina, Paseo Vera Cruz, and Calle La Quinta. For CFD 2001-1 Improvement Area A administrative costs for Fiscal Year 2008/2009 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the Improvement Area A bonds is $991,366.26 For CFD 2001-1 Improvement Area B, administrative costs for Fiscal Year 2008/2009 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the Improvement Area B bonds is $830,030.00. 4-52 EXHIBIT J Community Facilities District No. 2001-2 (McMillin Otay Ranch, Village 6 - Bond Issue) II' . Land Use Maximum Actual Rate Maximum Projected . Estimated Category Rate Rate Rate Revenue Residential $440mU+O.34/sf $45.76mU+O.27/sf $440mU+O.34/sf $440mU+O.34/sf Non-residential $11,365/acre $O.OO/acre $11,365/acre $11 ,365/acre Undeveloped $11 ,365/acre $O.OO/acre $11,365/acre $11,365/acre Estimated Revenue: $884,133.53 CFD 2001-2 is located within Otay Ranch Village Six and finances the backbone streets and associated improvements (i.e. grading, sewer, streets, landscaping, utilities, etc.) public facilities improvements and interim transportation facilities. The main facilities include Olympic Parkway,.la Media Road, Birch parkway, La Media Bridge, east Olympic Parkway Bridge, and a Neighborhood Park. For CFD 2001-2, administration costs for Fiscal Year 2008/2009 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the bonds is $706,855.00. 4-53 EXlllBIT K Community Facilities District No. 07-1 (Dray Ranch Village 11 - Bond Issue) Land Use Density Maximum Actual Rate Maximum Projected Estimated Category Rate Rate Rate Revenue Residential o to 8 $1,675/DU $1,675/DU $1,675/DU $1,675/DU Residential >8 to 20 $1,340/DU $1,340/DU $1,340/DU $1,340/DU Residential >20 $ L005/DU $1,005/DU $1,005/DU $1,005/DU Non-residential N/A $6,000/acre $O.OO/ocre $6,000/acre $6,000/acre Zone A - Approved $ 13,955/acre $13,955/acre $ 13,955/acre $13,955/acre Pro erty Zone B - Approved $24,218/acre $24,218/acre $24,218/acre $24,218/acre Pro erly Zone A - Undeveloped $13,955/acre $O.OO/acre $ 13,955/acre $ 13,955/acre Pro erty Zone B - Undeveloped $24,218/acre $8,799.63/acre $24,218/acre $24,218/acre Pro erty Zone A - Provisional $ 13,955/acre $O.OO/acre $13,955/acre $13,955/acre Undevelo ed Zone B - Provisional $24,218/acre $O.OO/acre $24,218/acre $24,218/acre Undeveloped Estimated Revenue: $3,774,146.43 CFD 07-1 finances the acqUIsItIOn or construction of certain public facilities (i,e" grading, landscaping, streets, utilities, drainage, sewer, etc.) serving Brookfield Shea Otay project, as well as, selected "Traffic Enhancement" facilities witl1in the greater eastern territories of Chula Vista. The Brookfield Shea Otay project is bounded on the south and east by Hunte Parkway, a curving arterial from south to northeast. Olympic Parkway forms the northern edge and to the west is the extension of Eastlake Parkway, The administration costs for FY 2008/2009 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the bonds is $3,030,860.00, 4-54 EXHIBIT L Community Facilities District No. 08-M O\;fcMillin Otay Ranch and Otay Ranch Village 6 - Open Space Maintenance) Maximum Rate Actual Rate Maximum Rate Projected Rate Estimated Revenue Improvement Area 1: Residential I $0.41 94/sf $0. I 840/sf $0.4289/sf $0.4289/sf Multi-family $0.3091/sf $0.1356/sf $$0.3161/sf $0.3161/sf I Non-residential $2,622.45/acre $O.OO/acre $2,682.47/acre $2,682.47/acre Final Map $6,957.61/acre $O.OO/acre $7,116.86/acre $7,116.86/acre Other taxable - $6,957.61/acre $O.OO/acre $7,116.86/acre $7,116.86/acre Residential Other taxable - $6,477.06/acre $O.OO/acre $6,625.31/acre $6,625.31/acre Multi-family Other taxable - $2,622.45/acre $0.00/ acre $2,682.47/acre $2,682.47/acre Non-residential Property Assoc. $6,957.61/acre $O.OO/acre $7,116.86/acre $7,116.86/acre Pronerty Estimated Revenue Area 1: $694,498.72 Improvement Area 2: Residential $0.2156/sf $0.0820/sf $0.2205/sf $0.2205/sf Multi-family $0.2156/sf $0.0820/sf $0.2205/sf $0.2205/sf Non-residential $4,466.25/acre $O.OO/acre $4,568.47/acre $4,568.47/acre Final Map $4,466.25/acre $O.OO/acre $4,568.47/acre $4,568.47/acre Other taxable $4,466.25/acre $O.OO/acre $4,568.47/acre $4,568.47/acre Property Assoc. $4,466.25/acre $O.OO/acre $4,568.47/acre $4,568.47/acre Pronerty Estimated Revenue Area 2: $471,999.34 CFD 08-M finances the perpetual operation and maintenance of slopes, medians, parkways, trails, perimeter walls, perimeter fencing and storm water treatment facilities associated with Village 6, McMillin Otay Ranch and Otay Ranch Compan.y. The budgets for Fiscal Year 208/2009 are $582,214 for Improvement Area 1 and $376,450 for Improvement Area 2. 4-55 EXHIBIT M Community Facilities District No. 08-1 (Otay Ranch Village Six - Bond Issue) Land Use Maximum Actual Rate Maximum Projected Estimated Category Rate Rate Rate Revenue Residential $800IDU+O.35/sf $798.61/DU+O.35/sf I $800IDU+O.35/sf $800IDU+O.35/sf Non-residential $6,000/acre $O.OO/acre $6,000/acre $6,000/acre Zone A - $16,858/acre $O.OO/acre $16,858/acre $16,858/acre I . Undevelo ed Zone B - $26,445/acre $O.OO/acre $26,445/acre $26,445/acre Undevelo ed Zone A - Provisional $16,858/acre $O.OO/acre $16,858/acre $16,858/acre Undevelo ed Zone A - Provisional $26,445/acre $O.OO/acre $26,445/acre $26,445/acre Undevelo ed Estimated Revenue: $1,886,768.00 CFD 08-1 finances the construction of backbone streets and associated improvements (i.e. grading, sewer, streets, landscaping, utilities, etc.), public facilities, DIP improvements and Traffic Enhancement Facilities within Otay Ranch Village Six. This district is divided into Zones A and B. The administrative costs for Fiscal Year 2008/2009 are projected to be $75,000 (as given in the bond indenture) and scheduled debt ser vice on the bonds is $1,544,668.76. 4-56 EXHIBIT N Community Facilities District No. 09-M (Oray Ranch Village 11 - Brookfield Shea) Density I Developed: Residential o to 8 $542.04/DU $346.36/DU $554.44/DU $554.44/DU Residential >8 to 20 $433.63/DU $277.08/DU $443.55/DU $443.55/DU Residential >20 $325.21/DU $207.80/DU $332.65/DU $332.65/DU Non-residential N/A $2,081.46/acre $O.OO/acre $2,129.1O/acre $2, 129. lO/acre Undeveloped: Approved Property Undeveloped Pro erty Taxable Property Owner Association Pro erty $2,081.46/acre $2,081.46/acre $O.OO/acre $2, 129. 10/acre $2,129.10/acre $O.OO/acre $2,129.10/acre $2, 129. lO/acre $2,081.46/acre $O.OO/acre $2,129.1O/acre $2, 129. lO/acre Estimated Revenue: $901,593.73 CFD 09-M finances the perpetual operation and maintenance of slopes, medians, parkways, trails, perimeter walls, perimeter fencing and storm water treatment facilities associated with Village 11, Brookfield Shea Otay. The Fiscal Year 2008/2009 budget is estimated to be $920,056.00. 4-57 EXHIBIT 0 Community Facilities District No. ll-M (Rolling Hills Ranch McMillin - Open Space Maintenance) Land Use Maximum Actual Rate Maximum Projected Estimated Category Rate Rate Rate Revenue Residential 5353.31/DU $O.OO/DU $361.39/DU $361.3 9/DU Non-residential $720.12/acre $O.OO/acre $736.60/acre $736.60/acre Final Map $720.12/acre $O.OO/acre $736.60/acre $736.60/acre Other taxable $720.12/acre $O.OO/acre $736.60/acre 5736.60/acre Property Assoc. $720. 12/acre $O.OO/acre $736.60/acre $736.60/acre Pro erty Estimated Revenue: $170,460.54 CFD II-M finances the perpetual operation, monitoring and maintenance of Multiple Species Conservation Program (MSCP) lots, Tarplant Preserve lots, Johnson Canyon Tarplant Preserve and storm water treatment facilities associated with Rolling Hills Ranch, Sub Area III. The Fiscal Year 2008/2009 budget is estimated to be $56,174. 4-58 EXHIBIT P Community Facilities District No. 12-M (McMillin Otay Ranch and Otay Ranch Village Seven - Open Space Maintenance) Land Use Category Maximum Rate I Actual Rate Maximum Rate Projected Rate Estimated Revenue Developed: Improvement Area 1 - $OA064/sf $0 A064/sf $OAI57/sf $OAI57/sf Residential Improvement Area 1 - $7,991.17/acre $O.OO/acre $8,174.08/acre $8, 174.08/acre Non-residential Improvement Area 2 - $0.5553/sf $OA690/sf $0.5680/sf $0.5680/sf Residential Improvement Area - $8,943.79/acre $O.OO/acre $9,148.50/acre $9,148.50/acre Non-residential Undeveloped: Improvement Area 1 - $7,991.17/acre $6,035.73/acre $8, 174.08/acre $8,174.08/acre Final Man Improvement Area 1 - $7,991.17/acre $O.OO/acre $8, 174.08/acre $8, 174.08/acre Other Taxable Prooertv Improvement Area 1 - Taxable Property Owner $7,991.17/acre $O.OO/acre $8, 174.08/acre $8, 174.08/acre Assoc. Pronerty Improvement Area 2 - $8,943.79/acre $O.OO/acre $9, 148.50/acr $9,148.50/acr FillalMao Improvement Area 2 - $8,943.79/acre $O.OO/acre $9,148.50/acr $9,148.50/acr Other Taxable Prooertv Improvement Area 2 - Taxable Property Owner $8,943.79/acre $O.OO/acre $9,148.50/acr $9,148.50/acr Association Pronertv Estimated Revenue: $924,659.32 CFD 12-M provides the finances for the perpetual operation and maintenance oflandscaping and storm water quality improvements associated with McMillin Otay Ranch and Otay Ranch Village 7. Improvement Area I generally lies south of Birch Road, east of Magdalena Avenue, and west of SR-125. Improvement Area 2 is generally located east of La Media Road, south of Birch Road, and west of Magdalena Avenue. The budgets for Fiscal Year 2008/2009 are $414,000 for Improvement Area No.1 and $477,836 for Improvement Area No.2. 4-59 EXHIBIT Q Community Facilities District No. 12-1 (McMillin Otay Ranch Village Seven - Bond Issue) I Land Use Maximum Actual Rate Maximum Projected Estimated Category Rate Rate Rate Revenue Residential $890/DU+0.79/sf $890IDU+0.79/sf $890IDU+0.79/sf $890IDU+0.79/sf Non-residential $6,000/acre $O.OO/acre $6,000/acre $6,000/acre Zone A - $24,383/acre $16,243.95/acre $24,383/acre $24,383/acre Undevelo ed Zone B - $4 1,62 I/acre $27,727.I/acre $41,621/acre $41,621/acre Undeveloped Zone A - $24,383/acre $O.OO/acre I $24,383/acre $24,383/acre Contingent Taxable Zone A - $41,621/acre $O.OO/acre $41,621/acre $41,621/acre Contingent Taxable Estimated Revenue: $2,107,781.83 CFD 12-1 finances the construction of backbone streets and associated improvements (i.e., grading, sewer, streets, landscaping, utilities, etc.), public facilities, and DIF improvements within McMillin's portion of Otay Ranch Village Seven. This district is divided into Zone A and Zone B. The administrative costs for Fiscal Year 2008/2009 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the bonds is $1,491,131.26. 4-60 EXHIBIT R Community Facilities District No. 13-M (Otay Ranch Village Two) Land Use Maximum Actual Rate Maximum Projected Estimated Category Rate Rate Rate Reveuue Residential $O.458/sf $O.OOIDU $O.4684/sf $O.4684/sf Non-residential $7,653.09/acre $O.OO/acre $7,828.26/acre $7,828.26/acre I Pinal Map $7,653.09/acre $O.OO/acre $7,828.26/acre $7,828.26/acre Other taxable $7,653.09/acre $57.39/acre $7,828.26/acre $7,828.26/acre Taxable Property O\VI1er Assooe. $7,653.09/acre $O.OO/acre $7,828.26/acre $7,828.26/acre Property Estimated Revenue': $5,721,753.51 CFD 13-M provides the necessary funding for the perpetual operation and maintenance of public landscaping, storm water quality, walls, fencing, trails, pedestrian bridges, and lighting improvements for Otay Ranch Village Two. Otay Ranch Village Two lies south of Olympic Parkway, west of La Media Road, and west of the Landfill Site. No public improvements are expected to be turned over to the City in Fiscal Year 2008/2009. The budget for Fiscal Year 2008/2009 is $4,050. 4-61 EXHIBIT S Community Facilities District No. 13-1 (Gtay Ranch Village Seven) Land Use Maximnm Rate Actual Rate I Maximum Rate Projected Rate Estimated Category Revenue Residential $2,750/DU+O.45/sf $2,750IDU+O.45/sf $2,750IDU+O.45/sf $2,750/DU+O.45/sf Non- $6,OOO/acre $O.OO/acre $6,000/acre $6,OOO/acre residential Zone A - Undevelope $59,505/acre $43,968.24/acre $59,505/acre $59,505/acre d Zone B - Undevelope $37,818/acre $27,943.72/acre $37,818/acre $37,818/acre d Zone A - Contingent $59,505/acre $O.OO/acre $59,505/acre $59,505/acre T axab Ie Zone A - Contingent $37,818/acre $O.OO/acre $37,818/acre $37,818/acre Taxable Estimated Revenue: $1,420,585.14 CFD 13-1 finances the constmction of backbone streets and associated improvements (i.e., grading, sewer, streets, landscaping, utilities, etc), public facilities, and DIF improvements within Otay Ranch Village Seven. This district is divided into zone A and Zone B. The administrative costs for Fiscal Year 2008/2009 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the bonds is $1,114,410.00. 4-62 RESOLUTION NO. 2008 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORlZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2008- 2009 WITHIN COMMUNITY FACILITIES DISTRlCTS 97-1, 97-2, 97-3, 98-1, 9S-2, 9S-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 07-I, 08-I, OS-M, 09-M, 11-M, 12-I, 12-M, 13-I AND 13-M AND DELEGATING TO THE CITY MANAGER, OR DESIGNEE, THE AUTHORlTY TO ESTABLISH THE SPECIAL T ~'( FOR EACH DISTRlCT WHEREAS, the maximum Special Tax rates for Community Facilities Districts 97-1, 97-2,97-3,98-1,98-2,98-3,99-1,99-2,2000-1, 2001-1, 2001-2, 07-I, 08-1, 08-M, 09-M, 11-M, 12-f, 12-M, 13-1 and 13-M authorized. pursuant to the approved rate and method of appotiionment of special taxes for each respective community facilities districts, to be levied for Fiscal Year 2008-2009 are set fOlih in Exhibits A through S, attached to and incorporated into this Resolution by this reference as if set fOlih in full; and WHEREAS, the City Council desires to establish the maximum Special Tax rate that may be levied in Community Facilities Districts 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000- 1. 2001-1, 2001-2, 07-1, 08-1, 08-M, 09-M, Il-M, 12-1, 12-M, 13-1 and 13-M in Fiscal Year 2008-2009 at the rates as set forth in Exhibits A through S and to delegate to and designate the City Manager, or Designee, as the official to prepare a certified list of all parcels subject to the Special Tax levy for each community facilities district including the amount of such Special Tax to be levied on each parcel for Fiscal Year 2008-2009 as authorized by Government Code section 53340. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista acting as the legislative body of Community Facilities Districts 97-1, 97-2, 97-3, 98-1,98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 07-1, 08-1, 08-IvI, 09-M, Il-M, 12-1, 12-M, 13-1 and 13-M respectively, as follows: SECTION 1. That it declares that the foregoing recitals are tme and correct. SECTION 2. That it establishes the maxlmum Special Tax rates that may be levied for Fiscal Year 2008-2009 in Community Facilities Districts 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99- 1,99-2,2000-1,2001-1,2001-2,07-1,08-1, 08-M, 09-M, 11-M, 12-1, 12-M, 13-1 and 13-M as the rates set forth in Exhibits A through S attached to this Resolution. SEcnON 3. That it delegates, pursuant to Government Code section 53340, the authority to and designates the City Manager, or Designee, as the official to prepare and submit a celiified list of all parcels subject to the levy of the Special Tax within the community facilities district to which this Resolution applies including the amount of ,the Special Tax to be levied on each parcel for Fiscal Year 2008-2009 and to file such list with the auditor of the County of San Diego on or before the required date or such other later date with the prior written consent of the 4-63 Resolution No. 2008- Page 2 auditor. The amount of the Special Tax to be levied on each parcel shall be based upon the budget for each community facilities district as previously approved by the City Council and shall not exceed the maximum Special Tax as set forth in Exhibits A through S applicable to the community facilities district in which such parcel being taxed is located. Presented by Approved as to form by ..-r!~ LK/~~ 6r,- Bart Miesfeld Interim City Attorney Richard Hopkins City Engineer H:\ENGINEER\RESOS\Resos2008\07-08-08\FY0809 CFD Levy Reso revised by ec_DOC 4-64 EXHIBIT A Community Facilities District No. 97-1 (Otay Ranch Open Space lvlaintenance District) Actual Rate Special Tax Area A: Residential $0.1086/sf $0.082/sf $O.lll O/sf I $0.111 O/sf Non-residential $1,471.58/acre $647.24/acre $1,505.26/acre I $1,505 .26/acre Vacant $1,664.7I!acre $O.OO/acre $1,702.8I!acre I $1,702.8I!acre Estimated Revenue Special Tax Area A: $660,054.00 Special Tax Area B: Residential $0.2545/sf $0.2545/sf I $0.2603/sf I $0.2603/sf Non-residential $3,267.61/acre $3,267.61/acre I $3,342.40/acre $3,342.40/acre Vacant $3,695.0S/acre $3,695.05/acre I $3,779.62/acre $3,779.62/acre Estimated Revenue Special Tax Area B: $1,235,596.00 CFD 97-1. finances open space maintenance for Otay Ranch SPA One Villages One and Five, and consists of two Special Tax Areas. Area A covers the entire district and includes maintenance of parkways, medians and regional trails along Telegraph Canyon Road, Otay Lakes Road, Paseo Ranchero, La media Road and Olympic Parkway, Telegraph and Poggi Canyon detention basins, channels, and pedestrian bridges. Area B. which excludes the McMillin development, maintains connector trails, slopes and perimeter walls or fences along major streets in the district. The Fiscal Year 2008/2009 budget for Area A is $660,054 and for Area B is $1,235,596. 4-65 EXHIBIT B Community Facilities District No. 97-2 (Otay Ranch Preserve) Actual Rate I Special Tax Area A: ResIdential $0.0162/sf $0.0138/51' $0.0165/51' $0.0165/sf Non-residential $264.34/acre $202.0Ilacre $270.39/acre $270.39/acre Final Map $264.34/acre SO.OO/acre $270.39/acre $270.39/acre Vacant $170.60/acre $O.OO/acre $ 174.50/acre SI74.50/acre Estimated Revenue Special Tax Area A: See Area C Below Special Tax Area B: $O.OO/sf I , Residential $0.0063/sf $0.0064/sf I $0.0064/sf Non-residential $102.16/acre $O.OO/acre S 1 04.49/acre $104.49/acre Fll1al Map $102.16/acre $O.OO/acre $104.49/acre $104.49/acre \lacant $65.93/acre $O.OO/acre $67.43/acre $67.43/acre Estimated Revenue Special Tax Area B: See Area C Below Special Tax Area C: Residential $0.0168/51' $0.0168/sf $O.0171/sf $0.0171/sf Non-residential $270.71/acre $270.71/acre $276.90/acre $276.90/acre Final Map $270.71/acre $270.7I1acre $276.90/acre $276.90/acre Vacant $174.71/acre $133.76/acre S 178.70/acre $178.70/acre Estimated Revenue Special Tax Area C: $513,831.67 CFD 97-2 finances perpetual preserve maintenance, operation and management, biota monitoring, preserve security, and preserve improvements in the Otay Ranch Preserve area. The Fiscal Year 2008/2009 budget for this district is set at $565,000. This budget was provided by the County staff, which works in accordance with City staff, together known as the Preserve Owner Manager (POM). County staff has included in the budget one time costs for baseline biological surveys on estimated additional lands conveyed to the POM in FY 2008/2009. 4-66 EXHIBIT C Community Facilities District No. 97-3 (Otay Ranch JVIclvIillin - Bond Issues) Land Use Maximum Actual Rate Maximum Projected Estimated Category Rate Rate Rate Revenue Residential $0.3920/sf I $03199/5f $0.3920/sf $0.3920/sf Commercial $4,000/ocre $3,226. 14/acre $4,000/acre $4,000/ocre Community $1,OOO/acre $O.OO/acre $1,OOO/acre $1,OOO/acre PUl ose Facll1ty Undeveloped $7,954/acre $O.OO/acre $7,954/ocre $7,954/acre I Property O\vner $7,954/acre $O.OO/acre $7,954/acre $7,954/acre I ASSOclZltion Pro erty Estimated Revenue: I $1,041,870.89 CFD 97-3 was fonned for the purpose of acquiring and financing public facilities improvements, such as pOliions of La Media Road and East Palomar Street, in Otay Ranch McMillin SPA One. Fiscal Year 2008/2009 administrative costs for CFD 97-3 are set at or less than $75,000 (as given in the bond indenture), and scheduled debt service on the bonds to be paid from the Fiscal Year 2008/2009 levy is $818,598.76. 4-67 EXHIBITD Community Facilities District No. 98-1 (Otay Project Interim Open Space Maintenance District) Land Use Category Taxable Property Maximnm Rate $132.61Iacre Actual Rate $127.33/acre Maximum Rate $\3S.64/acre Projected Rate $\35.64/acre Estimated Reveuue Estimated Revenne: $87,582.75 Community Facilities District No. 98-2 (Otay Project lv1c!vlillin Interim Open Space Maintenance District) Land Use Maximum Actual Rate Maximum Projected Estimated Category Rate Rate Rate Revenue Taxable Propetty $6 U8/acre SO.OO/acre S62.58/acre SO.OO/acre Estimated Revenue: $0.00 CFOs 98-\ and 98-2 were created as interim districts because the areas of Otay Ranch included these districts were not developed and the density of development was not yet known at the time that these districts were established. These districts were formed to provide a guarantee for financing of a portion of the cost of maintenance of portions of the parkways and medians along Telegraph Canyon Road, Paseo Rancllero, and Olympic Parkway. They also include the Telegraph and Poggi Canyon detention basins and channels allocable to the properties within these districts. Both CFO 98-\ and CFO 98-2 will remain in place until a permanent financing plan is established for the maintenance of the facilities, through the fOl1nation of new CFOs. A portion of CFO 98-1 has been absorbed by CFO 99-2 with other portions absorbed by CFDs 08-M, 12-M, and 13-M. The Fiscal Year 2008/2009 budget for this district totals SI04,506. A portion of CFD 98-2 has been taken over by maintenance district CFO 08-M with other portions of the district covered through CFO 12-M. None of the improvements in CFO 98-2 are expected to be tumed over to the City in Fiscal Year 2008/2009 and therefore no special taxes will be levied within this district in Fiscal year 2008/2009. 4-68 EXHIBIT E Community Facilities District No. 98-3 (Sunbovv II Open Space Maintenance District No. 35) Land Use Cateaorv " " Maximum Rate $447.87/EDU $3,908.16/ocre I $3,490 94/acre Actual Rate Maximum Rate $458. 12/EDU Pro j eeted Rate $458.12/EDU Estimated Revenue Undeveloped $2,676.09/ocre $447.86/EDU $3908.15/ocre I $2,614.05/acre $200.39/acre $3997 .61/ocre $3997.61/acre Residential Commercial Industrial $3,570.84/acre $3,570.84/acre $2,737.34/acre $2,73 7 .34/acre I Estimated Revenue: I $1,285,234.95 CFO 98-3 finances open space maintenance in the Sunbow II development. This includes maintenance of street medians, parkways, slopes, drainage channels, and basins, and biological monitoring of native and re-vegetated open space. The Fiscal Year 2008/2009 budget for this district totals $991,464. 4-69 EXHIBIT F Community Facilities District No. 99-1 (Gtay Ranch SF A I - Bond Issue) Actual Rate Zone A (Village 1): ResldentJ31 $0.28/sf $0.2148/51' $0.28/sf $0.28/sf Commercia] $1.600/acre $ U7J.36/acre $1,600/acre $1,600/acre Community $400/3cre $0.00/3cre $400/3cre $400/acre Purpose Facility Estimated Revenue Special Tax Area A: See Entire District Below Zone B (Village 5): -..-- --,--.---. 8400/DU+0.29/sf I Residential 8400/DU+0.29/sf 5300.71DU+0.23/sf I 8400/DU+0.29/sf , COlllmercial $3,717/acre $O.OO/acre $3,717/acre $3,717/acre Community $929/3cre $O.00/3cre $929/3cre $929/acre PUllJose Facility Estimated Revenue Special Tax Area B: See Entire District Below Zone C (Village I West): Residential 8400/DU+OA4/sf 8303.64/DU+0.33/sf 8400/DU+OA4/sf 8400/DU+OA4/sf Commercial $4,266/acre $0.00/3cre $4,266/acre $4,266/acre COl11ll1Ulllty $1,066/3cre $O.OO/acre $1,066/acre $1,066/acre Purpose Facllity Estimated Revenue Special Tax Area C: See EntJre District Below Entire District: Undeveloped $8,864/acre 80.00/3cre $8,864/3cre $8,864/acre Property Owner Associ<ltion $8,864/acre $0.00/3cre $8,864/acre $8,864/acre ProDerty Estimated Revenue Special Tax Area C: $3,788,030,12 CFD 99-1 finances public improvements in a portion of Gtay Ranch Village 1, Village 5 and Village 1 West For CFD 99-1, administrative costs 01'$75.000 (as given in the bond indenture) and scheduled debt service on the bonds of $2,916,30 1.26 are antJclpated in Fiscal Year 2008/2009. 4-70 EXHIBIT G Community Facilities District No. 99-2 (Otay Ranch SPA 1, Village / West - Open Space ivIaintenance) Residential Maximum Rate $0.4542/51' I Actual Rate I $0.2402/51' $0.4645/sf $0.4645/sf Undeveloped $5,G02.89/acre $O.OO/acre $5,731.13/acre $5,731.13/acre I Estimated Revenue: $1,226,731.42 As verified by the City's Special District Counsel, property owners within the area of CFD 98-1 not included within CFD 99-2 will only be taxed for landscaped areas from the centerline of Olympic Parkway south to the District boundary. CFD 99-2 has taken over the financing of that pOl1ion of costs of maintenance allocable to the pmperty within CFD 98-) from the centerline of Olympic parkway north to Telegraph Canyon Road. A total budget of$737,002 is for Fiscal Year 2008/2009. 4-71 EXHIBIT H Community Facilities District No. 2000-1 (Sunbow II Villages 5 through 10 - Bond Issue) Actual Rate Residential $0.3829/sf $0.4400/sf $0.4400/sf U ndeve loped Property Owner Association Pro erty $O.OO/acre $O.OO/acre $7,851/acre $7,851/acre I $7,851/acre $7,851/acre I Estimated Revenue: $667,703.96 CFD 2001-1 finances various public facilities serving the Sunbow II development such as Telegraph Canyon Road, Medical Center Road and East Palomar Street. For CFD 2000-1, administrative costs for Fiscal Year 2008/2009 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the bonds is $504,926.26. 4-72 EXHIBIT I Community Facilities District No. 2001-1 (San lVfiguel Ranch - Bond Issue) Land Use Category Maximum Rate Actual Rate Maximum Rate Projected Rate Estimated Revenue Improvement Area A: Residential 5475/DU-!-0,34/sf 5411.54/DU+0.29/sf I $4 75/DU+0.34/5f $475'/DU+0.34/sf Commercial $5,091/ocre $O.OO/acre $5,091/acre $5,091/acre Undeveloped $10,376/acre $O.OO/acre $1O,376/acre I $10,376/acre Estimated Revenue Improvement Area A: See Entire District Below Improvement Area B: _.~--_._. 1475/DU+0.82/5f I $475/DU+O.82/sf I ReSldential $475/DU+0.82/sf $475/DU+O.82/sf Commercial $4,OOO/ac["e S4,000/acre $4,000/acre $4,OOO/acre Undeveloped $10,444/acre $8,922.17/acre $10,444/acre $10,444/acre (Zone I) Undeveloped $4,444/acre $O.OO/acre $4,444/acre $4,444/acre (Zone 2) Estimated Revenue Improvement Area B: See Entire Distnct Below Estimated Revenne Entire District: $2,222,298.38 CFD 2001-1 is divided by SR-l25 into two separate improvement areas, Improvement Area A (east of SR-125) and Improvement Area B (west of SR-125) and finances various public facilities serving the San Miguel Ranch development such as Mount Miguel Road (East/West), Proctor Valley Road (East/West), Calle La Marina, Paseo Vera Cruz, and Calle La Quinta. For CFD 2001-1 Improvement Area A administrative costs for Fiscal Year 2008/2009 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the Improvement Area A bonds is $991,366.26 For CFD 2001-l Improvement Area B, administrative costs for Fiscal Year 2008/2009 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the Improvement Area B bonds is $830,030.00. 4-73 EXHIBIT J Community Facilities District No. 2001-2 (lI/rell/lillin Gtay Raneh, Village 6 - Bond Issue) Land Use Maximum Actual Rate Maximum Projected Estimated Category Rate Rate Rate Revenue Residential S440/DU+O.34/sf S45.76/DU+0.27/sf I $440/OU+0.34/sf $440/DU+0.J4/sf Non-residential $1 U65/acre $O.OO/acre $1 U65/acre $11,365/acre Undeveloped $11,365/acre $O.OO/acre $1 U65/acre $11,365/acre Estimated Revenue: $884,133.53 CFD 2001-2 is located within Otay Ranch Village Six and finances the backbone streets and associated improvements (i.e. grading, sewer, streets, landscaping, utilities, etc.) Pllblic facilities improvements and interim transpoliation facilities. The main facilities include Olympic Parkway, la Media Road, Birch parkway, La Media Bridge, east Olympic Parkway Bridge, and a Neighborhood Pade For CFD 2001-2, administration costs for Fiscal Year 2008/2009 are projected to be $75,000 (as given in the bond indentul'e) and scheduled clebt service on the bonds is $706,855.00. 4-74 EXHIBIT K Community Facilities District No. 07-1 (Otczy Ranch Village II - Bond Issue) Land Use Density Maximum Actual Rate Maximum Projected Estimated Cateo-orv Rate Rate Rate Revenue '" . Residential o to 8 S L675IDU I Sl,675/DU 51,675/DU $1,675/DU Residential >8 to 20 51,3401DU 5 U40/DU S l,3401DU 51,3401DU Residential >20 5 L00510U $ L005IDU SI,0051DU S L00510U i I Non-residential N/A $6,000/acre $O.OO/acre I 56,000/acre I 56,OOO/acre I Zone A - Appro'v'ed $13,955/acre S13,955/acre $13,955/ac1'e $13,955/acre Pro erty Zone B - Approved S24218/ac1'e $24,218/acre $24,218/acre 524,218/acre Pro erty Zone A - 513,955/acre I Undeveloped S 13,955/acre $O.OO/acre SI3,955/acre Pro eny ZOlle B - $24,218/acre I Undeveloped $24,218/acre S8,799,63/ocre S24,218/acre Pro erty Zone A - Provisional $]3,955/acre $O,OO/acre $] 3,955/3cre . S]3,955/acre Undeveloped Zone B - ProvIsional $24,218/acre $O.OO/acre $24,218/acre $24,218/acre I Undeveloped Estimated Revenue: $3,774,146.43 CFD 07-1 finances the acquisition or constmction of celiain public facilities (i.e" grading, landscaping, streets, utilities, drainage, sewer, etc.) serving Brookfield Shea Otay project, as well as, selected "TraUic Enhancement" facilities within the greater eastem territories of Chula Vista. The Brookfield Shea Oray project is bounded on the south and east by Hunte Parkway, a cllfving atierial fl'Om south to northeast. Olympic Parkway fom1s the northem edge and to the west is the extension of East lake Parkway, The administration costs for FY 2008/2009 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the bonds is $3,030,860.00. 4-75 EXHIBIT L Community Facilities District No. 08-M (AIcJVfillin Otay Ranch and Otay Ranch Village 6 - Open Space Maintenance) I Actual Rate Improvement Area 1: Residential $0,4l94/sf $0 \ 840/sf $0,4289/sf $0,4289/sf I $0.3161/51' i Multi-tc1l11i\y $0.3091/sf $0.1356/sf $$0.3161/51' , Non-resIdential $2.622,45/acre $O.OO/acre $2,682,47/acre $2,682,47/acre Final Map $6,957.61/acre $O.OO/acre $7,116.86facre $7,1l6.86/acre II I Other t<:!x3.ble - $6,957.61/acre $O.OO/acre $7,116.86/acre $7,116.86/acre ! Residential Other taxable- $6,477.06/acre $O.OO/acre $6,625.31/acre $6,625.31/acre Multi-family Other t<lxable - $2,622.45/acre $O.OO/acre $2,682,47/acre $2,682.47/acre NOll-residential Propet"ty Assoc. $6,957.6llacre $O.OO/acre $7,1 16.86/acre $7,116.86/acre Property Estimated Revenue Area 1: $694,498.72 Improvement Area 2: Residential $0.2l56/sf $0.0820/sf $0.2205/sf $0.2205/sf Multi-!'c1l11ily $0.2156/sf $0.0820/51' $0.2205/51' $0.2205/51' Non-residential $4,466.25Iacre $O.OO/acre $4,568.47/acre $4,568.47/acre FlIlal Map $4,466.25/acre $O.OO/acre $4,568.47/acre $4,568.47/acre Other taxable $4.466.25/acre $O.OO/acre $4,568.47/acre $4,568.47/acre I Property AS$Oc. $4,466.25/acre $O.OO/acre $4,568.47/acre $4,568.47/acre P rODe rty Estimated Revenue Area 2: $471,999.34 CFD 08-M finances the perpetual operation and maintenance of slopes, medians, parkways, trailS, perimeter walls, perimeter fencing and storm water treatment facilities associated with Village 6, McMillin Otay Ranch and Otay Ranch Company. The budgets for Fiscal Year 208/2009 are $582,214 for Improvement Area 1 and $376,450 for Improvement Area 2. 4-76 EXHIBIT M Community Facilities District No. 08-1 (Olay Ranch Village SLr - Bond Issue) Land Use Maximum Actual Rate Maximum Projected Estimated Category Rate Rate Rate Revenue Residential $800/DU+O.35Isf $798.61/DU+O.J5/sf $800/DU+O.J5Isf $800/DU+O.35/sf Non-residential $6,000/acre $O.OO/acre $6,000/acre $6,000/acre ! Zone A - $16,858/acre I , Undevela Jed $16,858/acre $O.OO/acre $16,858/acre I Zone B - $26,445/acre I I Unde\ielopecl $26,445/acre $O.OO/acre $26,445/acre I Zone A - ProviSlonal $16,858/acre $O.OO/acre $16,858/acre $16,858/acre Ulldevelope'd Zone A ~ Provisional $26,445/acre $O.OO/acre $26,445/acre $26,445/acre Undeve\o eel Estimated Revenue: $1,886,768.00 CFD 08-1 finances the construction of backbone streets and associated improvements (i.e. grading, sewer, streets, landscaping, utilities, etc.), public facilities, DIF improvements and Traffic Enhancement Facilities within Otay Ranch Village Six. This district is divided into Zones A and B. The administrative costs for Fiscal Year 2008/2009 are projected to be $75,000 (as given in the bond indenture) and scheduled debt ser vice on the bonds is $1,544,668.76. 4-77 EXHIBIT N Community Facilities District No. 09-M (Gtay Ranch Village II - Brookfield Shea) Density Developed: Residential o to 8 S542.04/DU 5346.36/DU S554.44/DU S554.44/DU Residential >8 to 20 S433.63/DU 527708/DU 5443.55/DU S443.55/DU Residential >20 5325.21/DU S207.80/DU 5332.65/DU 5332.65/DU Non-residential N/A 52,081.46/acre 50.00/acre S2,129.10/acre S2, \29.10/acre Undeveloped: Appmved Property Undeyeloped Pro eny Taxable Propet"ty O\vner Associutlon Property 52.081.46/acre SO.OO/acre 52.129.1O/acre 52,129.1O/acre 52,081.46/ocre 50.00/acre 52,129.10/ocre 52,129.10/acre, ! 52,081,46/acre 50.00/acre S2,129.\0/acre 52,129.10/acre Estimated Revenue: $901,593.73 CFD 09-M finances the perpetual operation and maintenance of slopes, medians, parkways, trails, perimeter walls, perimeter fenci ng and st01111 water treatment facilities associated with Village II, Brookfield Shea Otay. The Fiscal Year 2008/2009 budget is estimated to be $920,056.00. 4-78 EXHIBIT 0 Community Facilities District No. l1-M (Rolling Hills Ranch McMillin - Open Space lvfaintenance) Land Use Maximum Actual Rate I Maximum Projected Estimated Category Rate Rate Rate Revenue Residential $353.31/DU $O.OOiDU I $361.39/DU $361.39iDU Non-residential $720.12/acre $O.OO/acre I $736.60/acre $736.60/acre Final Map $720. 12/acre $O.OO/acre I $736.60/acre $736.60/acre I Other taxable $720.12/acre $O.OO/acre I $736.6013cre $736.60/acre Prop~rty Assoc. $720.12/acre $O.OO/acre I $736.60/acre $736.60/acre Propt'rty Estimated Revenue: $170,460.54 CFD ll-M finances the perpetual operation. monitoring and maintenance of Multiple Species Conservation Program (MSCP) lots, Tarplant Preserve lots, Johnson Canyon Tarplant Preserve and st01111 water treatment facilities associated with Rolling Hills Ranch, Snb Area III. The Fiscal Year 2008/2009 budget is estimated to be $56,174. 4-79 EXHIBIT P Community Facilities District No. 12-M (!\I1ciVfillin Otay Ranch and Otay Ranch Village Seven - Open Space Maintenance) Actual Rate Developed: Improvement Area 1 - $0.4064/51' I SO.4064/5f SO.4157/5f $04157/sf Residential Improvement Area 1 - I S7,991.17/acre SO.OO/acre $8, 174.08/acre S8,174.08/acre \ NOl1~residential Improvement Area 2 - SO.5553/sf $04690/5f $0.5680/sf $0.5680/51' I Resiclentlzd Improvement Area - $8,943.79/3cre SO.OO/acre $9,148.50/acre $9,148.50/acre Non-residential Undeveloped: Improvemenr Area [ - , $7,991.17/acre $6,035 73/acre $8, 1 74.08/acre $8,174.08/acre i Final Map Improvement Area 1 - $7,99\.17/acre $O.OO/acre $8,174.08/acre $8,17408/acre Other Taxable Pronerty [mprovement Area 1 - I I TZlxLlble Property Ownel $7,991.17/3cre SO.OO/acre 58,174.08/acre $8, 174.08/acre Assoc. Pronerty Improvement Area 2- $8,943.79/acre $O.OO/acre $9,148.50/acr $9,148.50/acr Final MaD [mprovelllent Area 2 - $8,943.79/acre $O.OO/acre $9,148.50/acr $9,148.50/acr I Other Taxable Property Improvement Area 2 - , I TuxZlble Property O\.>,/ner $8,943.79/acre $O.OO/acre S9,148.50/acr $9.148.50/acr Association Property Estimated Revenue: $924,659.32 CFD 12-M provides the finances for the perpetual operation and maintenance oflandscaping and St01l11 water quality improvements associated with McMillin Otay Ranch and Otay Ranch Village 7. Improvement Area 1 generally lies south of Birch Road, east of Magdalena Avenue, and west of SR-125. Improvement Area 2 is generally located east of La Media Road, south of Birch Road, and west of Magdalena Avenue. The budgets for Fiscal Year 2008/2009 are $414,000 for Improvement Area No.1 and $477,836 for Improvement Area No.2. 4-80 EXHIBIT Q Community Facilities District No. 12-1 (NJdvfillin Otay Ranch Village Seven - Bond Issue) Land Use Category Maximum Rate I Actual Rate Maximum Rate I. Projected Rate Estimated Revenue Residential 5S90/DU+O.79/sf 5S90/DU+O.79/sf I 5S90/DU+O.79/sf S890/DU+O.79/sf Non-residentlal $6,OOO/acre I SO.OO/acre I $6,000/acre I $6,000/acre Zone A ~ $24,383/acre $16,243,95/acre I $24,3 83/acre I $24,3 83/acre i Undeveloped I Zone B - $27,727.I/aere I $41,621/acre I , Undeveloped $41,62l/acre $4 L621/acre I , Zone A - $24,3 S3/acre $O.OO/acre I $24,383/acre $24,383/acre I Contill~ent Taxable Zone A - $O.OO/aere I I $41.62l/acre $41,621/acre , COlltill~ent TaxLlble $41,621/acre I Estimated Revenue: $2,107,781.83 CFD 12-1 finances the constmction of backbone streets and associated improvements (i,e., grading, sewer, streets, landscaping, utilities, etc,), public facilities, and DIF improvements within McMillin's portion of Otay Ranch Village Seven, This district is divided into Zone A and Zone B. The administrative costs for Fiscal Year 2008/2009 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on tile bonds is $1,491,131.26, 4-81 EXHIBIT R Community Facilities District No. 13-M (Otay Ranch Village Two) Land Use Maximum Actual Rate I Maximum Projected Estimated Category Rate Rate Rate Revenue Reslclential $0.458/51' I $O.OO/OU I $0.4763/5f I $0.4763/51' Non-residential $7,653.09/ocre $0.00/3cre $7,959.21/acre $7,959.21/acre Fll1al Map $7,653.09/acre $O.OO/acre $7,959.21/acre $7,959.21/acre Other taxable $7,653.09/acre $57.39/acre $7,959.21/acre $7,959.21/acre I Taxable Property $7,959.21/acre I O\vner Assooe $7 ,653 .09/acre $O.OO/acre $7,959.21/3cre Pro erty Estimated Revenue: $5,817,466.18 CFD 13-M provides the necessary funding for the perpetual operation and maintenance of public landscaping, stom1 water quality, walls, fencing, trails, pedestrian bridges, and lighting improvements for Otay Ranch Village Two. Otay Ranch Village Two lies south of Olympic Parkway, west of La Media Road, and west of the Landfill Site. No public improvements are expected to be tumed over to the City in Fiscal Year 2008/2009. The budget for Fiscal Year 2008/2009 is 54,050. 4-82 EXHIBIT S Community Facilities District No. 13-1 (Otay Ranch Village Seven) Land Use Categorv I Maximum Rate I Actual Rate I Maximum Rate I Projected Rate I Estimated Revenue " Residential I $L750iDU+0.45/sf I $2.750iDU+OAS/sf $U50IDU+OA5/sf $2.750/DU+OA5/sf Nan- I S6,OOO/acre I SO.OO/acre S6,OOO/acre I residential $6,OOO/acre i Zone A - . Undevelope S59.50S/acre $43.968.24/acre $S9.S0S/acre SS9,SOS/acre d Zone B - Undevelope $37,818/3cre $27,943.72/acre $37,818/acre $37,818/acre d Zone A - Contingent $S9,SOS/acre SO.OO/acre SS9,SOS/acre $S9,SOS/acre TQxJ.bk Zone A - Contingent $37.818/acre SO.OO/acre S37,818/acre $37,818/acre I Taxable Estimated Revenue: $1,420,585.14 CFD 13-1 finances the construction of backbone streets and associated improvements (i.e., grading, sewer, streets, landscaping, utilities, etc), public facilities, and DIF improvements within Otay Ranch Village Seven. This district is divided into zone A and Zone B. The administrative costs for Fiscal Year 2008/2009 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the bonds is $1,114,410.00. 4-83 RESOLUTION NO. 2008 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2008- 2009 WITHIN COMMUNITY FACILITIES DISTRICTS 06-1 AND 07-M AND DELEGATING TO THE CITY MANAGER, OR DESIGNEE, THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH DISTRICT. WHEREAS, the maximum Special Tax rates for Community Facilities Districts 06-1 and 07 -M authorized, pursuant to the approved rate and method of apportionment of special taxes for these community facilities districts, to be levied for Fiscal Year 2008-2009 are set forth in Exhibits A and B, attached to and incorporated into this Resolution by this reference as if set forth in full; and WHEREAS, the City Council desires to establish the maximum Special Tax rates that may be levied in Community Facilities Districts 06-1 and 07-M in Fiscal Year 2008-2009 at the rates as set forth in Exhibits A and B and to delegate to and designate the City Manager, or Designee, as the official to prepare a certified list of all parcels subject to the Special Tax levy for each community facilities district including the amount of such Special Tax to be levied on each parcel for Fiscal Year 2008-2009 as authorized by Government Code section 53340. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista acting as tlie legislative body of Community Facilities Districts 06-1 and 07-M respectively, as follows: SECTION 1. That it declares that the foregoing recitals are tme and correct. SECTION 2. That it establislles the maximum Special Tax rates that may be levied for Fiscal Year 2008-2009 in Community Facilities Districts 06-1 and 07 -M as the rates set forth in Exhibits A and B attached to this Resolution. SECTION 3 That it delegates, pursuant to Govemment Code section 53340, the authority to and designates the City Manager. or Designee, as the official to prepare and submit a celiified list of all parcels subject to the levy of the Special Tax within the community facilities district to which this Resolution applies including the amount of the Special Tax to be levied on each parcel for Fiscal Year 2008-2009 and to file such list with the auditor of the County of San Diego 011 or before the required date or such other later date with the prior written consent of the auditor. The amount of the Special Tax to be levied on each parcel shall be based upon the budget for each community facilities district as previously approved by the City Council and shall not exceed the maximum Special Tax as set forth in Exhibits A and B applicable to each community facilities district in which such parcel being taxed is located. Presented by Approved as to form by Richard Hopkins City Engineer '--IL~_ /) / ,/~~-",,;tz- /rv Bart Miesfeld Interim City Attomey 4-84 EXHIBIT A Community Facilities District No. 06-1 (EastLake Woods, Vistas, and Land Swap - Bond Issue) Land Use Category Maximum Rate Actual Rate Maximum Rate Projected Rate Estimated Revenue Improvement Area A (Zone 1 - Vistas): ResIdential SO.5800/sf $O.5220/sf SO.5800/sf SO.5800/sf COlllmercH_l1 S6,000/acre SO.OO/acre S6,000/acre S6,000/acre Hotel Property S6,000/acre SO.OO/acre S6,000/acre $G,OOO/acre Undeveloped I SII,037/0cre I $O.OO/acre $11,037/acre $11,037/0cre Improvement Area A (Zone 2 - Woods): .----- $0.6030151' ! Residential $0.6700/51' SO.6700/sf i SO.6700/sf Commercial $6,000/acre SO.OO/acre S6,000/acre S6,000/acre Undeveloped S8,332/acre $O.OO/acre $S,332/acre S8,332/acre Estimated Revenue Improvement Area A (Zones 1 and 2) $3,792,174,86 Impvement Area B (Zone 3 - Land Swap): Residential SO.7400/sf I $0 7400/51' $0.7400/51' SO.7400/sf Commercial S6,000/0cre I $6,000/0cre $6,000/0cre $6,000/0cre Undeveloped $20,563/3cre I $3A95,71/acre $20,563/acre I S20,563/acre Improvement Area B (Zone 4 - Land Swap): ReSidential I SO.7400/sf I $0.7400/sf $0.7400/51' SO.7400/sf Commercial $6,000/acre $G,OOO/acre $6,000/0cre $6,000/acre Undeveloped $6,667/acre $1.133.37/acre $6,667/acre $6,667/acre Estimated Revenue Improvement Area B (Zones 3 and 4) $814,924.40 CFD 06-1 finances the acquisition or construction of certain public facilities (i,e., grading, landscaping, streets, utilities, drainage, sewer, etc,) serving the EastLake - Woods, Vistas, and Land Swap project, as well as selected "Traffic Enhancement" facilities within the greater eastern territories of Chula Vista. The administration costs of the District for FY 2008/2009 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the bonds is $3,396,175.00. 4-85 EXHIBIT B Community Facilities District No. 07-M (EastLake !I! - Woods. Vistas. and Land Swap - Open Space J'vIaintenance) Land Use Category Maximum Rate Actual Rate I Maximum Rate Projected Rate Estimated Revenue Improvement Area I: Residential $0.12S2/st' SO.0438/sf SO.1311/sf I $0.1311/sf i Multi-family I SO.1282/sf SO.0438/sf SO 13 l1/sf $0.131!!sf Non-residential SI.673.43/aere $O.OO/aere $1,7l1.n/oere I $l,711. n/aere Fmal Map $1.673 .43/aere $O.OO/aere $1,711. n/oere $l,711. n/oere Other tnab Ie $1,613 .43/aere SO.OO/aere $1, 7l1. n/aere $l,711. n/aere Property Assoc. $1.673.43/oere $G.OO/aere SI, 711. n/aere $1,711. n/aere ProDerty Estimated Revenue Area 1: $781,420.81 Improvement Area 2: ------- $0.0085/51' I $0.0858/51' j Residential $0.0839/sf $0.0858/sf I Multi-hmily $0.0839/sf $0.0085/sf $0.0858/sf $0.0858/sf Non-residential $463.45laere $47.08/aere $474.05/aere $474.05laere Final Map $1,264.09/3ere $0.00/3ere $1,293.02/acre $1,293.02/aere Other taxable $1,264.09/ocre $O.OO/aere $1,293.02/acre $1,293.02/aere I Property Assoc. $1,264.09/aere $G.OO/ocre $1,293.02 $1,293.03 Property Estimated Reveuue Area 2: I , $115,497.90 CFD 07 -M provides the necessary funding for the perpetual operation and maintenance of slopes, medians, parkways and st0l111 water treatment facilities associated with EastLake III - Woods, Vistas, and Land Swap Parcel (south parcel only) and Annexation No.1. The budgets for Fiscal Year 2008/2009 are $490,891 for Improvement Area I and $100,890 for Improvement Area 2. 4-86 CITY COUNCIL AGENDA STATEMENT ~\'f:. CITY OF ~CHULA VISTA ---- 7/08/08, Item ~ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHlJLA VISTA APPROVING THE SUBMITTA.L OF TWO GRA1'JT APPLICATIONS FOR FEDERAL SAFE ROUTES TO SCHOOL FUNDING CYCLE 2 TO IMPROVE PEDESTRIAN FACILITIES ALONG I STREET A-ND ALONG MOSS STREET DIRECTOR OF ENGINE~RING .tf:fj. CITY MANAGER / VJ;~ ASSISTANT CITYJ>r~IGER c;; r I 4/5THS VOTE: YES 0 NO rz::J SUBMITTED BY: REVIEWED BY: SUMMARY Section 1404 of Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), authorized the Federal Safe Routes to School (SRTS) Program in August, 2005. The U.S. Congress authorized a five-year federal fi.mding for the program. This Resolution approves the filing of grant applications for two projects under Cycle 2 of the Federal Safe Routes to School Program. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section l5060(c)(3) ofthe State CEQA Guidelines the activity is not subject to CEQA. Thus, no CEQA environmental review is necessary. Additionally, the Environmental Review Coordinator has reviewed the proposed activity for compliance with the National Enviromnental Policy Act (NEPA) and has determined the activity is not subject to NEPA review at this time since it involves a grant application that has not been approved by the corresponding federal agency (Federal Highway Administration). If the grant application is approved for funding, then the activity would be subject to NEPA review and an appropriate determination made pursuant to sections 40 CFR 1508.4 and 23 CFR 771.117 (A). 5-1 7/08/08, Item Page 2 of 3 RECOMMENDATION Council adopt the resolution BOARDS/COMMISSIONS: Not applicable. DISCUSSION Building on the success of California's Safe Routes to School Program (SR2S) and other similar programs in other states, Congress authorized a five-year federal funding program to achieve'the same purpose nationwide: I) to enable and encourage children in kindergarten through eighth grade (K-8), including children with disabilities, to safely walk and bicycle to school, 2) to make walking and bicycling to school a more appealing mode choice, and 3) to facilitate the planning, design, and implementation of projects that will improve safety, environment, and overall quality of life. Section 1404 of Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), authorized the Federal Safe Routes to School (SRTS) Program in August, 2005. Some expected outcomes of the program include: . Increased bicycle and pedestrian traffic safety around schools . More children walking and bicycling to and from schools . Decreased vehicular traffic congestion around schools . Reduced childhood obesity . Improved air quality, community safety and security, and community involvement . Improved partnerships among schools, local agencies, parents, and other stakeholders Applications must be for either infrastmcture or non-infrastmcture projects. Infrastmcture projects are capital improvements within a two-mile radius of a grade school or middle school that make it safer or more convenient for children and adults who walk or bicycle to school; e.g. installation of crosswalks, gap closures along sidewalks or bicycle trails, signage Non-infrastmcture projects are education, encouragement, enforcement activities that promote walking and bicycling to school; e.g. public safety awareness campaigns, installation of bicycle racks and lockers in schools, acquisition of mobile vehicle speed monitoring equipment that can be transported from school to school. The SRTS Program is a reimbursement program. SRTS projects are 100 % reimbursable where a determination has been made that all work is eligible. No local match is required. The California Department of Transportation (Caltrans) administers the SRTS Program in the Division of Local Assistance in partnership with the District Local . Assistance Engineers (DLAE) in each of the 12 Districts. For Cycle 2 of the Federal Safe Routes to School Program, it is recommended that the City apply for funding for the following proposed pedestrian improvement projects, which are further detailed in the draft grant applications provided in Attachment I. All of the proposed improvements are within the two-mile radius as required by the program. The deadline for the applications is July 18, 2008. I. I Street Sidewalk Improvements between Hilltop Drive and First Avenue: This project will install sidewalk on'the north side of I Street between Hilltop Drive and First Avenue 5-2 ,. 7/08/08, Item---'C- Page 3 of 3 The scope of work of the proposed project consists of installing Portland Cement Concrete sidewalk, driveways, ADA pedestrian ramps, traffic control, and other miscellaneous items of work necessary for the project. The total estimated cost of the project is $276,011. The total application request for this grant is $276,011. No local match is required. 2. Moss Street Sidewalk Improvements between Third Avenue and Tobias Drive: This project will install sidewalk on the north side of Moss Street between Third Avenue and Tobias Drive. The scope of work of the proposed project consists of installing Portland Cement Concrete monolithic sidewalk, curb and gutter, driveways, ADA pedestrian ramps, asphalt concrete pavement, traffic control, and other miscellaneous items of work necessary for the project. The total estimated cost of the project is 5723,360. The total application request for this grant is $723,360. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property that is the subject of this action. FISCAL IMPACT There is no impact to the General Fund. If the resolution is approved, the City will apply for Federal Safe Routes to School funding for $999,371. If a grant is awarded, staff will return to Council with a recommendation to accept and appropriate the grant fLmds into the Capital Improvement Program. ATTACHMENTS 1. Grant Applications (2) Prepared by: Roberto Solorzano. Associate Engineer, Engineering Department. 5-3 Local Assistance Program Guidelines EXHIBIT 24-.'\ Application for Safe Routes to School Funding EXHIBIT 24-A Application for Federal Safe Routes to School Funding Check one: This application is for: ~ Infrastructure project o Non-infrastructure project This application is to be completed when seeking funds for infrastructure and/or non-infrastructure projects from the federal Safe Routes to School (SRTS) program. It consists of six (6) parts which asks for the following information: PART 1: General Information About the Applicant PART 2: General Information About the Project PART 3: Organization Background and Capacity PART 4: Detailed Information About the Project PART 5: Project Cost Estimates PART 6: Project Delivery Schedule NOTE: Applicants can recreate. this application form, however, the format and all questions must remain exactly the same as presented and submitted with attachments in hard copy to your Caltrans District Local Assistance Engineer (DLAE). 'Please submit three (3) sets of the application package to the DLAE in your Caltrans District Office. Refer to the .DLA web site for the DLAE in your District and their mailing address: hltp://www.dot.ca.gov/hq/LocalPrograms/dlae.htm. Applications from nontraditional applicants (school districts, nonprofit organizations, public health/education departments, federally recognized Native American Tribes, hospitals) must be accompanied by a signature from a top official from a City/CountylMetropolitan Planning Organization (MPO)lRegional Transportation Planning Agency (RTP A) certifying that they will agree to be the responsible agency over the nontraditional awardee. If a nontraditional applicant is awarded funds for an infrastructure project, a signature is required from a public works official from the public agency certifying that they agree to operate and maintain the facility after construction. An incomplete application will be disqualified from review. The entire application text must not exceed 30 pages. Maps, photographs, and Letters of Support may be included in the application package separately as attachments and will not be counted as part of the 30-page limit. All Letters of Support to Caltrans must be directed to "To Whom it May Concern." Do not send them directly to the Director at Caltrans Headquarters or District Director. Applications must be stapled in the upper left-hand comer. Those bound by any other means will not be accepted; e.g., binders, protective covers, spiral threading. If you wish to submit a transmittal letter, please attach it to the application with a removable binder clip. LPP 08-01 Pag'~ 1 April 25, 2008 5-4 Local Assistance Program Guidelines EXHIBIT 24-A Application for Safe Routes to School Funding PART 1: General Information About the Applicant Name of applicant (or responsible agency): Citv of Chula Vista. California If a nontradItional applicant, name of responsible City/County/MPOIRTPA that has agreed to partner with the applicant: Name and title of contact person responsible for this project: Roberto Solorzano. Associate Engineer Name, title, and signature of top official from a City/CountylMPOIRTPA (if applicable): Rick Hopkins. Director of Engineering (Type here and sign below) Mailing address of responsible contact person responsible for this proJect: Street address: 276 Fourth Avenue City: Chub Vista County: San Diego Zip: 91910 Telephone number of contact person responsible for the project: 619-409-5420 E-mail address of contact person responsible for the project: solo(alci.chula-vista.ca.us Fax number of contact person responsible for the project: 619-691-5171 PART 2: General Information About the Proiect Check all ofthe areas that you will use SRTS funds for: o Education 0 Encouragement 0 Enforcement [XI Engineering State Legislative District(s): Senate 40 Assembly 78 & 79 Caltrans District: 11 Metropolitan Planning Organization (N1PO)/Regional Transportation Planning Agency (RTPA): SANDAG Project title: I Street Sidewalk Imorovements Clearly state the specific deliverables that will result from your project: Installation of Portland Cement Concrete sidewalks driveways. ADA pedestrian ramps. excavation and grading. tramc control, and other miscellaneous items of work necessarv for the oroiect. Identify other safety efforts already underway in your locale that may complement your project: Walk San Diego - a regional grassrnots organization dedicated to making San Diego neighborhoods more walkable - has worked extensivelv witb Citv staff to identifv missing and. inadequate pedestrian infrastructure along school routes. and thev have provided detailed recommendations ror improvement. Walk San Diego will active Iv engage parents and other residents in completing the citywide walking audits. The community wiil also help set citYWide priorities for implementing the infrastructure needs that were identified. The walking audits are estimated to be completed within 12 months. Citv staff LPP 08-01 Page 2 April 25, 2008 5-5 Local Assistance Program Guidelines EXHIBIT 24-A Application for Safe Routes to School Funding and the Walk San Diego group have alreadv contributed over 800 hours to accomplish this critical first step. The City is currentlv working with a Consultant in developing a Pedestrian Master Plan i1'MP). The framework for the Pedestrian Master Plan will include identifying specific Plan goals. policies, actions. implementation strategies. pedestrian route types and design-guiding principles. and developing a prioritization methodology appropriate for the City of Chnla Vista. The PMP build on the City and SANDAG's existing pedestrian and planning documents such as SANTIAG's "Planning and Designing for Pedestrians" and other relevant sources. The PMP is estimated to be completed by July 2009. The PMP will identity and analvze existing pedestrian conditions. existing and potential pedestrian routes. and potential pedestrian infrastructure improvement proiects for specific locations that focus on providing and improving connections along pedestrian routes. In addition to pedestrian improvement proiects. the need for pedestrian related studies and development of pedestrian safety and education programs will also be identified. as appropriate. One of the major tasks of the plan is to evaluate existing conditions within a Quarter-mile radius of all elementarv schools. and develop preliminarv school-area improvement plans. In addition. City staff have completed an effort to identify miss lUg and inadequate infrastructure surrounding the Citv's public elementary scho'ols, using GIS mapping technology. The City has been awarded a Caltrans Community-Based Transportation Planning grant. The grant will fund the activities of Walk San Diego. Brief description of project: The Proiect consists of the installation of Portland Cement Concrete sidewalk. ADA Pedestrian ramps. and other miscellaneous items of work. on the north side of I Street between Hilltop Drive and First A venue within a half-mile of Hilltop Elementary and Hilltop Middle Schools. Brief description of targeted location; e.g., urban/rural/suburban setting, geographic characteristics: The City of Chub Vista is located 12 miles south of downtown San Diego and 5 miles north of the international border with Mexico. The 223.500 population is diverse and youthful. Elementarv School attendance is approximatelv 23,800. Chula Vista is also one of the fastest growing muuicipalities in the country with a 52 square mile public infrastructure network that is expanding accordinglv. However, the Citv's pedestrian facilities varv dramatically in condition and sufficiencv from the newly developing areas of the Citv to the older aging neighborhoods. The proposed proiect site is located in an older urban residential area of the City. with missing or failing pedestrian infrastructure. The combined student population for both Elementarv and Middle Schools is 1.840. Identify the names of school(s) in the target area, the total student enrollment in each of the schools, and approximate number of children who currently walk/bicycle to school: Hilltop Elementary School. student enrollment 550; Hilltop Middle School. student enrollment 1,290. The Citv does not have data for the number of children who currentlv walk/bike to school. If submitting more than one application, the priority number of this application:! Total number of project applications being submitted: I PART 3: Organization Background and Capacity LPP 08-01 Page 3 ApTil 25, 2DG8 5-6 LocaJ Assistanc:::: Program Guidelines EXHIBIT 24-A Application for Safe Routes to School Funding 1. Provide a brief overview of your organization if the applicant is a nontraditional applicant (example, a mission statement, geographical area served, experience with projects similar to the one proposed, etc). Mission statement: The City of Chnla Vista En!!ineering Department's mission is to advance the public. health and safety of our diverse community bv ensuring reliable and well-managed infrastructure through the efficient and ethical deliverv of innovative and professional engineering services. Geographical area served: The Cirv government serves the entire 52 SQuare mile area of the City and freQuentlv participates in regional projects with neighboring communities such as the City of San Diego. We are also active participants and work collaborativelv with Caltrans and our MPO, the San Diego Association of Governments (SANDAG) on numerous regional transportation planning and construction projects. Experience with similar projects: Engineering manages the performance of City streets, pavement sidewalks. traffic signals. streetlights, and the City's extensive storm water and wastewater systems. The City's engineering and design staff are responsible for oversight and implementation of all such projects through to completion. Examples of similar projects currentlv underway in the City include pedestrian and traffic calming improvements at Otav and Rice Elementarv Schools. funded bv a new Iv- awarded Safe Rontes to School grant. Over the course of man V Years. Citv planners and engineers have regularlv and successfullv collaborated with the Department of Transportation (Caltrans) to construct projects to DOT and FHW A standards. Projects have included major federallv-funded freeway interchange projects, toll roads. bridges, and hundreds of miles of local street improvements. and bikeways. PART 4: Detailed Information About the ProH~ct(s) When seeking funds. for infrastmcture projects, the following four (4) documents must be attached to this application: 1. A clear, color rendering of a general map showing the location of all proposed improvements and their proximity to the school and school routes within the two-mile radius. 2. A clear site plan for each improvement location showing existing and proposed conditions, preferably in color. 3. Detailed Engineer's Estimate (use form posted on the Division of Local Assistance Home Page in the internet under SRTS located at: w\vw.dot.ca.!!ov/hq!LocaIPrograms). 4. Completed "warrant" sheets per the California MUTCD for projects with traffic control devices (if required). For both infrastructure and non-infrastructLlfe proJects, applicants are' encouraged to provide letters of support from project partners and advocacy groups. These letters should be attached to the back of this application and do not count toward the total number of pages that are allowed. Please respond to the following eight (8) statements when seeking infrastmcture or non-infrastructure funds. They must be answered in sufficient detail and clarity to enable the review committee to fully understand your proposed project. They will be evaluated against all the o'ther project proposals received. Refer to Section 24.6 of the SRTS Guidelines that explains the project selection process. NOTE: The Evaluation element is a requirement of the program. It is not an option. It involves preparation of the Student Tally and Parent Survey at the beginning and end of the SRTS project in the target school(s). Forms along with data collection descriptions and instructions are posted on the Safe Routes to School web site. All applicants must provide the requested data to the National Center for Safe Routes to School at the completion of their LPP 08-01 Page 4 April 25, 2008 5-7 Local Assistance Program Guidelines EX1ffilIT 24-.'1. Application for Safe Routes to School Funding project. The purpose is to determine the project's effectiveness in increasing the number of children walking and bicycling to school. I. Describe the extent to which your project incorporates elements of the following 5 Es, and identify the individual and agency/organization responsible for the implementation of each element (maximum: 20 pts.) If an Infrastructure Project: . Engineering - Participation by engineers in providing correct technical information, oversight of construction facilities, conducting engineering studies, providing engineering data, consulting with engineers, etc. (11 pts.) . Education - Programs that improve safety and convenience for children who walk or bicycle to school; e.g., public safety awareness campaigns or safety training. (3 pts.) . Encouragement - Activities that promote walking and bicycling to school; e.g., providing incentives to children who are physically active, introducing children and parents to walking and bicycling through Walk to School Day events, "Walking Wednesdays," purchasing and distributing bicycle helmets. (3 pts.) . Enforcement - Participation by law enforcement in the development and implementation of a project; e.g., ensuring safe speed limits are posted near schools, ticketing abusers, conducting safety check points. (3 pts.) If a Non-infrastructure Project: o Education- See description above. (10 pts.) o Encouragement - See description above. (5 pts.) o Enforcement - See description above. (3 pts.) o Engineering - See description above. (2 pts.) The project proposes to create phvsical improvements to the existing infrastructure. This segment of I Street has incomplete (gallS) or suhstandard sidewalk improvements, and missing or substandard (non- ADA compliant) pedestrian ramps. We intend 'to incr'ease walking rates and enhance pedestrian safety by providing ADA-compliant sidewalks and pedestrian ramps. Potential vehicular conflicts with pedestrians will be reduced with the sidewalk installation since children would not have to walk in the street. - 2, Cite the names and organizations/agencies that contributed to the development of a plan for this application and explain how they will continue to be involved in the project if it is funded; that is, formation of an ongoing "team." (10 pts.) o Was there representation from the school, parents, professionals in the areas of health, transportation, enforcement, local elected officials, and other key members of the community in formulating this project? (5 pts.) o Describe the collaborative process followed in the development of this project and the ind! vidual contributions of each. (5 pts.) Walk San Diego has worked extensively with City staff to perform walking audits for the Rice, Otay, and Harborside elementarv schools neighborhoods. The audits have identified missing and inadequate pedestrian infrastructure at the proposed project sites. and provided detailed recommendations for improvement. Together with school district data and Citv traflic and accident data. the results and recommendations from these walking audits will serve as a baseline for an alreadv awarded SRTS , grant for Rice and Otay Elementarv Schools. As part of the City's Community-Based Transllortation LPP 08-0 I Page 5 April 25, 2008 5-8 Locai Assistance Program Guidelines EXHIBIT 24-A Application for Safe Routes to School Funding Planning (CETPl grant Walk San Diego wHl conduct a walking audit of Hilltop Elementarv School in collaboration with area residents. The Chula Vista Police Department's Community Policing unit has worked with traffic engineers and the school district to refine recommendations from the walking audits and this process will be used for Hilltop Elementarv School. In addition. City staff have cnmpleted an effort to identify missing and inadequate infrastructure surroundinl!; the City's public elementarv schools. using GIS mappinl!; technologv. Eased on this effort, I Street was identified as a potential proiect. 3. Does the applicant have a commitment from other agencies and organizations to have a role in implementing the project once awarded? (maximum: 5 pts.) . Cite the name, title, and contact information of the individual responsible for ensuring completion of this project. (3 pts.) . Has the commitment been formalized? Please describe. (2 pts.) The City of Chula Vista will be the only responsibe a!.!encv to complete this proiect. 4. Describe in detail any other efforts within the agency or organization that are planned or underway to support or compliment the proposed project. (maximum: 10 pts.) . Cite any funding commitments that have been made by agencies or organizations to sustain this project. (5 pts.) . Is this project consistent with the goals and objectives of local or regional planning documents; e.g., City/County Master Plan or General Plan, School Safety Plan, Circulation Plan? (5 pts.) The City has been awarded a Caltrans Communitv-Based Transportation Planning (CBTP) grant This CBTP !.!raut will fund the activities of Walk San Diel!;O to conduct 36 citywide walking audits, includin!.! the audit of Hilltop Elementarv School. The City is currently workin!.! with a Consullant in developin!.! a Pedestrian Master Plan that will identifv and evaluate existinl!; conditions within a Quarter-mile radius of all elementary schools, and develop preliminary school-area improvement Illans. 5. Describe the safety-risks children currently encounter at the project location when walking or bicycling to school. Include supporting data such as accident reports, survey results, etc. (maximum: f5 pts.) . How was the determination made for each of the risks? (3 pts.) . Describe the extent and severity of the risks; namely, fatalities, injuries. (2 pts.) . Describe the safety-risks; namely, high vehicular speeds along two-lane roadways without sidewalks exposing children to debris, mud, overgrown vegetation, etc. or recently reported abductions/kidnappings/peer bullying/gang assaults reported against children along .commute routes. (10 pts,) I Street is a 30-mile per hour two-lane road with missing sidewalks on the north side between Hilltop Drive and First A venue. There is some pedestrian traffic walkin!.! on the street, especiallv durin!.! the rainy season when the existin!.! dirt walk path becomes wet and muddv. Currentlv. there are no . pedestrian accident reports for this sel!;ment of I Street. 6. Describe how this project will correct the risks identified above. (maximum: 15 pts.) . Describe the specifIC "fixes" for each ofthe risks identified above. (10 pts.) . Describe the range of alternatives considered. (5 pts.) Once the mussing sidewalks are constructed. children. and pedestrians in general, wil! not lle forced te walk in the street when naths are muddy. LPP 08-01 iP2gre 6 April 25, 21)03 5-9 Local Assistance Program Guidelines EXHIBIT 24-A Application for Safe Routes to School Funding 7. Describe how this project will increase walking and bicycling to school. (maximum: IS pts.) . What barriers will be removed to allow for increased walking and bicycling? (10 pts.) . Describe how increased walking and bicycling among students will be sustained. (5 pts.) Installin!! the improvements as proposed. will increase the nnmbers of kids who walk and bike to school bv removin!! maior obstacles to walkability that exist now, snch as inadequate and missiu!! infrastructure like missin!! sidewalks. missin!! or non ADA compliant pedestrian ramps. Once parents embrace the many health, economic. and environmeutal benefits of walkin!! versus driviu!!, we expect to observe a si!!niticant decrease in dailv vehicular trips. As more parents observe ever lar!!er nnmbers of children safely walkin!! and bikin!! to school. they are likely to have more confidence in the safety of the school routes for their own children. 8. Describe in detail, your agency or organization's capacity to undertake this project. (10 pts.) . Cite how the lead agency has managed other federal grants. (5 points) . Who (staff persons andJor volunteers) will be working on this project and what are their roles and responsibilities? (2 pts.) . Do you have other funding resources available for this project in addition to SRTS funds to cover any cost ovemms? (3 pts.) Over the course of man v years. City planners and en!!ineers have re!!ularlv and successfully collaborated with the Department of Transportation (Caltrans) to construct prolects to DOT and FHW A staudards. Proiects have included maior federallv funded freeway interchan!!e proiects. toll roads, brid!!es. and hundreds of miles of local street improvements and bike facilities. The City of Clmla Vista is able and committed to meetin!! FHWA requirements. Under 49CFR Part 26, it is the City's policy to ensure that DBE's have equal opportunities to bid on and participate in contracted projects. In addition. the City complies with the provisions of the Americans with Disabilities Act and with all applicable Title 23 and 49CFR Part 18 reQuirements under the Uuiform Administrative Requirements for Grants and Cooperative A!!reements to State and Local Governments." as well' as all other applicable State and Federal laws and re!!ulations. Grant funds are mana!!ed throu!!h the Fiscal Division of the En!!ineerln!! Department that also assumes responsibilitv for FHW AJDOT reportin!! reQuirements. Project construction contracts are routinelv written. negotiated. advertised, and administered by experienced En!!ineerin!! staff; internal audits are performed bv trained Finance Department !!rants mana!!ement staff. while annual single audits are performed bv an independent auditin!! firm. Overall project management will be provided bv the En!!ineerinl! Director/Citv Engineer with many years experience in the mana!!ement of infrastructure projects. Dav-to-dav project mana!!ement will be provided bv the Desi!!n section of the En!!ineerin!! Department. As with all transportation proiects, the senior civil ell!!i"eer wlll be assisted bv appropriately assi!!ned staff, as required, to plan fullv and execute the project. These will include desi!!n en!!;"eers, land surveyors, traffic en!!ineer. traffic interns, contract specialist, !!rant mana!!ement specialist. environmental planner. The City of Chula Vista has a favorable record of completinl! Caltrans and other transportation projects on time and !!enerallv within bud!!et. LI'P 08-01 Page 7 AprB 25, 2008 5-10 Local Assistance Program Guidelines EXHIBIT 24-A Application for Safe Routes to School Funding PART 5: Project Cost Estimate Please provide cost estimate figures in the fonnats displayed below. FOR INFRASTRUCTURE PROJECTS: PROJECT C ST as auuilca e I SRTS $ I Other $ , Total $ Preliminary Engineering Environmental I $6,294.00 I I $6,294.00 PS&E I $62,940.00 I I $62,940.00 Right of Way Engineering $0.00 Appraisals & Acquisitions $0.00 Utilities $0.00 Construction . Construction $163,950.00 I $163,950.00 Construction Engineering $15,735.00 I $15,735.00 , Before/After Evalnation $2,000.00 $2,000.00 City/County Partnership Costs $0.00 Subtotal $250,919.00 $0.00 $250,919.00 Contingency* $25,092.00 $25,092.00 Total Proiect Cost** $276,011.00 $0.00 I $276,011.00 OST E !IV1A TE ( l bl )** *Contingency "Total Cost" may not exceed 10% of the "Subtotal"; however, exceptions will be considered on a case-by~case basis. **SRTS funds may not exceed $1,000,000 Has a non-infrastructure grant been submitted or approved to complement this infrastructure improvement? DYes ~No FOR NON-INFRASTRUCTURE PROJECTS: PR JECT C TEST ATE (as aDp !cable) * SRTS $ Other $ Total $ Staff Time $0.00 Contractual Services* $0.00 Materials . $0.00 Other Direct Costs $0.00 Before/After Evaluation $0.00 City/County Partnership Costs $0.00 Total** I $0.00 I $0.00 I $0.00 o OS IM r * *No copyright pennitted on materials. **SRTS funds may not exceed $500,000. LPP 08-01 Pag-=8 April 25, 2008 5-11 Local Assistance Program Guidelines EXHIBIT 24-A Application for Safe Routes to School Funding PART 6: Proiect Delivery Schedule Please provide estimated completion dates for the major milestones on your project. Target Dates for Infrastructure Projects: 1. Obtain Authorization to Proceed with Preliminary Engineering (PE) 2. Complete Student Tally and Parent Survey 3. Complete the NEPA document 4. Submit first invoice 5. Complete final design and Plans, Specifications, & Estimate (PS&E) 6. Obtain Authorization to Proceed with Right of Way 7. Obtain Right of Way Clearance (certification) 8. Obtain project Authorization to Proceed with Construction 9 . Award Construction Contract 10. Complete construction II. Submit second Student Tally and Parent Survey results 12. Submit final invoice with a report of expenditures, and close out the project Target Dates for Non-Infrastructure Projects (as applicable): I. Obtain Federal Authorization to Proceed 2. Submit Student Tally and Parent Survey results 3. Submit first invoice 4. Complete project and produce deliverables 5. SLlbmit second Student Tally and Parent Survey results 6. Submit final invoice with a report of expenditures and close out the project June 2009 March 2010 June 2009 September 2009 September 2009 nla n/a JanLlarv 20 I 0 April 2010 Julv 2010 September.2() 1 0 October 20 I 0 LPP 08-01 Page 9 April 25, 2008 5-12 Local Assistance Procedur~s Manual EXHllllT 12-A Preliminary Estimate of Cost DEPARTVIENT OF THANSPORTATION PRELIMINARY ESTIMATE OF COST I SHEET City of Chula Vista 1 OF 1 Bid Opening Expenditure Authorization Budget AllocatIon Date 06/04/2008 District County Route PM Source of Funds II San Diego Federal-aid Number Description I Street Sidewalk Improvements between Hilltop Drive and First A venue Safe Routes to School Program City of Chula Vista Item Number Item DescriPtion Unit Ouantity Unit Price ..<\mount I Removal & disposal of existing improvements LS I $ I 0,000 $10,000 2 Excavation & grading LS I $10,000 $10,000 3 PCC sidewalk SF 3600 $12 $43,200 4 PCC driveway SF 3000 $15 $45,000 5 ADA pedestrian ramps EA 2 $5,000 $10,000 6. Public convenience & safety (traffic control) LS I $5,000 $5,000 7 Water meter relocation EA 1 $10,000 $10,000 8 PCC retaining wall (C-9) -:- SF 425 $50 $21,250 9 Wrought iron fence relocation LF 100 . $50 $5,000 10 Removal & replacement of sidewalk SF 250 $10 $2,500 11 Backfill in landsacpe area LS I $2,000 $2,000 . Length in Miles: SUBTOTAL $163,950 Contingencies $25,092 15 % $189,042 Made By: Roberto Solorzono TOTAL Checked By: Elizabeth Chopp IAPproved: LPP 01-04 5-13 Page 12- t March !5, 2001 ( \, .'>'-,~ : \', ...~ ~, N \. \. . .,.- I. I \. \ ~. \ \ .~ \ .I~~<~; \. -" .'~\ '-'~"'D '; ">-':-',:;;,::~.t, "", "","'.<' , ,':;:'.:',~' _'WJ:r:;:,,\ ': """,,"} . ", , '0""-";",...' ..,"'-'''' , ." ":- . - '. "- "- ':'- -', . '~~ '. CITY 0 F cf;i~ l~VIS~:~\ ., " SAFE ROUTES TO 'SCHOOL PRQGRAM" . - _ ,___,~_" . '~~~_~:<'0~<',"~ _.(;'....\. -"'" ..... G_S_~REE~SI DE\!V_~LK~IMPRO~EMEN~~~\. ~,,- ./" . . ,~.." -" "'. ...",,~.-. ..,. ,I', ~..:-:".(~ Local Assistance .Program Guidelines EXHIBIT 24-A Application [or Safe Routes to School Fuudiug EXHIBIT 24-A Application for Federal Safe Routes to School Funding Check one: This application is for: [8j Infrastructure project o Non - infrastruc ture proj ect This application is to be completed when seeking funds for infrastrncture and/or non-infrastructure projects from the federal Safe Routes to School (SRTS) program. It consists of six (6) parts which asks for the following information: PART 1: General Information About the Applicant PART 2: General Information About the Project PART 3: Organization Background and Capacity PART 4: Detailed Information About the Project PART 5: Project Cost Estimates PART 6: Project Delivery Schedule NOTE: Applicants can recreate this application form, however, the format and all questions must remain exactly the same as presented and submitted with attachments in hard copy to your Caltrans District Local Assistance Engineer (DLAE). Please submit three (3) sets of the application package to the DLAE in your Caltrans District Office. Refer to the DLA web site for the DLAE in your District and their mailing address: http://www.dot.ca.gov/hq/LocaIPrograms/dlae.htm. Applications from nontraditional applicants (school districts, nonprofit organizations, public health/education departments, federally recognized Native American Tribes, hospitals) must be accompanied by a signature from a top official from a City/County/Metropolitan Planning Organization (MPO)/Regional Transportation Planning Agency (RTPA) certifying that they will agree to be the responsible agency over the nontraditional awardee. If a nontraditional applicant is awarded. funds for an infrastructure project, a signature is required from a public works official from the public agency certifying that they agree to operate and maintain the facility after construction. An incomplete application will be disqualified from review. The entire application text must not exceed 30 pages. Maps, photographs, and Letters of Support may be included in the application package separately as attachments and will not be counted as part of the 30-page limit. All Letters of Support to Caltrans must be directed to "To Whom it May Concern." Do not seud them directly to the Director at Caltrans Headquarters or District Director. Applications must be stapled in the upper left-hand comer. Those bound by any other means will not be accepted; e.g., binders, protective covers, spiral threading: If you wish to submit a lransmittalletter, please attach it to the application with a removable binder clip. LPlP OS-01 P21ge 1 Apcil 25, 20VS 5-15 Local Assistance Program Guid.elines EXHIBIT 24-A Application for Safe Routes to School Funding PART 1: General Information About the Applicant Name of applicant (or responsible agency): City of Cbula Vista If a nontraditional applicant, name of responsible City/CountyllVIPOIRTP A that has agreed to partner with the applicant: Name and title of contact person responsible for this project: Roberto Solorzauo, Associate Em!iueer Name, title, and signature of top official from a City/County/MPOIRTP A (if applicable): Rick Hopkins, Director of Engineerin!.! (Type here and sign below) Mailing address of responsible contact person responsible for this project: Street address: 276 Fourth Ayenue City: Chula Vista County: San Die!.!o Zip: 91910 Telephone number of contact person responsible for the project: (619) 409-5420 E-mail addressofcontactpersonresponsiblefortheproject:solo(a)ci.cbula-Yista.ca.us Fax number of contact person responsible for the project: (619) 691-5171 PART 2: General Information About the Proiect Check all of the areas that you will use SRTS funds for: o Education 0 Encouragement 0 Enforcement [g] Engineering State Legislatiye District(s): Senate 40 Assembly 78 & 79 Caltrans District: 11 Metropolitan Planning Organization (MPO)lRegional Transportation Planning Agency (RTPA): SANDAG Project title: Moss Street Sidewalk Improyements Clearly state the specific deliverables that will result from your project: Installation 'of Portland Cement Concrete sidewalk curb and !.!utters, driveways, ADA pedestrian ramps, traffic control, and other miscellaneous items of work necessary for the project. Identify other safety efforts already underway in your locale that may complement your project: Walk San Die!.!o - a re!.!ional !.!rassroots or!.!anization dedicated to makin!.! San Die!.!o nei!.!hborhoods more walkable - has worked extensively with City staff to identify missin!.! and inadequate pedestrian infrastructure alon!.! school routes, and they have provided detailed recommendations for improvement. Beca"se of the importance of this proiect to the City, stakeholders have alreadv contributed a significant amount of development time to the project. UPi' 08-01 Page 2 April 25, 2008 5-16 Local Assistance Program Guidelines EXHIBIT 24-A Appiica tion for Safe Routes to School Funding Walk San Diello will activelv enllalle parents and other residents in completinll the citYWide walkinll audits. The community will also help set citYWide priorities for implementinll the infrastructure needs that were identified. The walkinll audits are estimated to be completed within 12 months. The Pedestrian Master Plan is estimated to be completed bv Julv 2009. Citv stall" and the Walk San Diello llroup have alreadv contributed over 800 hours to accomplish this critical first step. The City is currently workinll with a Consultant in developinll a Pedestrian Master Plan (PMP). The framework for the Pedestrian Master Plan will include identifvinll specitic Plan lloals. policies. actions. implementation strategies. pedestrian route types and design-guiding principles. and developinll a prioritization methodolollV appropriate for the City of Chula Vista. The PMP build on the City and SANDAG's existinll pedestrian and planninll documents such as SANDAG's "Planninll and Desillnin!! for Pedestrians" and other relevant sources. The PMP is estimated to be completed bv Julv 2009. The PMP will identify and analvze existing pedestrian conditions. existinll and potential pedestrian' routes, and potential pedestrian infrastructure improvement proiects for specific locations that focus on providing and improvin!! connections along pedestrian routes. In addition to pedestrian improvement projects, the need for pedestrian related studies and development of pedestrian safety and education programs will also be identified. as appropriate. One of the maior tasks of the plan is to evaluate existinll conditions within a Quarter-mile radius of all elementary 'schools. and develop preliminary school-area improvement plans In addition. City staff have completed an effort to identify mlSSlDll and inadequate infrastructure surroundin!! the City's public elementarv schools. usin!! GIS mappinll technolollV. The City has been awarded a Caltrans Community-Based Transportation Plannin!! !!rant. The !!rant will fund tlte activities of Walk San Die!!o. Brief description of project: Proiect consists oCthe installation of Portland Cement Concrete sidewalk curb and llutter, ADA Pedestrian ramps, and other miscellaneous items of work, on the north side of Moss Street between Third Avenue and Tobias Drive within one mile of Rice. Castle Park, and Kelloll Elementary Schools. Brief description of targeted location; e.g., urban/mral/suburban setting, geographic characteristics: The Citv of Chula Vista is located 12 miles south of downtown San Die!!o and 5 miles north of the international border with Mexico. The 223,500 population is diverse and youthful.. Elementarv School enrollment is approximatelv 23,800. Chula Vista is also one of the fastest !!rowin!! municipalities in the country with a 52 square mile public infrastructure network that is expandin!! . accordin!!ly. However. the City's pedestrian facilities vary dramaticallv in condition and sutliciency from the newlv develop!n!! areas of the City to the older allin!! nei!!hborhoods. The proposed proiect site is located in an older urban residential area of the City, with missinll or failiull pedestrian infrastructure. The combined student population for both elementary schools is approximatelv 1.707. Identify the names of school(s) in the target area, the total student enrollment in each of the schools, and approximate number of children who currently walklbicycle to school: Rice Elementary School, student enrollment 655; Castle Park Elementarv School. student enrollment' 544; KelIo!! Elementarv School. student enrollment 508. The City does not have data for the number of children who currentlv walklbike to school. If submitting more than one application, the priority number of this application: ~ Total number of project applications being submitted: ~ LPP 08-0 I Page 3 April 25, 2003 5-17 Local Assistance Program Guidelines EXHIBIT 24-A Application for Safe Routes to School Funding PART 3: Organization Background and Capacity 1. Provide a brief overview of your organization if the applicant is a nontraditional applicant (example, a mission statement, geographical area served, experience with projects similar to the one proposed, etc). Mission statement: The City of Chula Vista EngineeriD!! Department's mission is to advance the public health and safety of our diverse community bv ensuring reliable and well-manai!ed infrastructure throui!h the efficient and ethical delivery of innovative aud professional eni!ineering services. Geoi!raphical area served: The City i!overnment serves the entire. 52 square mile area of the City and frequently participates in rei!ional projects with neighborini! communities such as the City of San Diei!o. We are also active participants and work collaborativelv with Caltrans and our MPO. the San Diei!o Association of Governments (SANDAG) on numerous rei!ional transportation planning and construction projects. Experience with similar projects: Eni!ineerini! manai!es the performance of City streets. pavement. sidewalks. traffic sii!nals. streetlights. and the City's extensive storm water and wastewater systems. The City's eni!ineerini! and desii!n staff are responsible for oversii!ht and implementation of all such projects throui!h to completion. Examples of similar projects currently underwav in the City include pedestrian and traffic calmini! improvements at Otav and Rice Elementarv Schools. funded bv a new Iv- awarded Safe Routes to School i!rant. Over the course of many vears. Citv planners and engineers have regularlv and successfullv collaborated with the Department of Transportation (Caltrans) to construct projects to DOT and FHW A standards. Projects have included maior federallv-funded freeway interchani!e proiects. toll roads. bridi!es. and hundreds of miles of local street improvements. and bikewavs. PART 4: Detailed Information About the Proiect(s) When seeking funds for infrastmcture projects, the following four (4) documents must be attached to this application: I. A clear, color rendering of a general map showing the location of all proposed improvements and their proximity to the school and school routes within the two-mile radius. 2. A clear site plan for each improvement location showing existing and proposed conditions, preferably in color. 3. Detailed Engineer's Estimate (use form posted on the Division of Local Assistance Home Page in the internet under SRTS located at: www.dot.ca.govlhq/LocalPrograms). 4. Completed "warrant" sheets per the California MUTCD for projects with traffic control devices (if required). For both infrastmcture and non-infrastructure projects, applicants are encouraged to provide letters of support from project partners and advocacy groups. These letters should be attached to the back of this application and do not count toward the total number of pages that are allowed. Please respond to the following eight (8) statements when seeking infrastructure or non-infrastructure funds. They must be answered in sufficient detail and clarity to enable the review committee to fully understand your proposed project. They will be evaluated against all the other project proposals received. Refer to Section 24.6 of the SRTS Guidelines that explains the project selection process. LPP 08-01 Page -4 April 25, 2003 5-18 Local Assistance Program Guidelines EXHIBIT H-A Application for Safe Routes to School Fundin.g NOTE: The Evaluation element is a requirement of the program. It is not an option. It involves preparation of the Student Tally and Parent Survey at the beginning and end of the SRTS project in the target school(s). Forms along with data collection descriptions and instructions are posted on the Safe Routes to School web site. All applicants mllst provide the requested data to the National Center for Safe Routes to School at the completion of their project. The purpose is to determine the project's effectiveness in increasing the number of children walking and bicyclmg to school. 1. Describe the extent to which your project incorporates elements of the following 5 Es, and identify the individual and agency/organization responsible for the implementation of each element (maximum: 20 pts.) If an Infrastructure Project: . Engineering - Participation by engineers in providing correct technical information, oversight of construction facilities, conducting engineering studies, providing engineering data, consulting with engineers, etc. (11 pts.) . Education - Programs that improve safety and convenience for children who walk or bicycle to school; e.g., public safety awareness campaigns or safety training. (3 pts.) . Encouragement - Activities that promote walking .and bicycling to school; e.g., providing incentives to children who are physically active, introducing children and parents to walking and bicycling through Walk to School Day events, "Walking Wednesdays," purchasing and distributing bicycle helmets (3 ~J . . Enforcement - Participation by law enforcement in the development and implementation of a project; e.g., ensuring safe speed limits are posted near schools, ticketing abusers, conducting safety check points. (3 pts.) If a Non-infrastructure Project: . Education - See description above. (10 pts.) . Encouragement - See description above. (5 pts.) . Enforcement - See description above. (3 pts.) . Engineering - See description above. (2 pts.) The project proposes to create physical improvements to the existing infrastructure. This segment of Moss Street lack sidewalks, curb & gutters, and ADA compliant pedestrian ramps. 'Ve intend to increase walking rates and enhance pedestrian safety by providing ADA-compliant sidewalks, and pedestrian ramps. Potential vehicular conflicts with pedestrians will be red need with the sidewalk installation since children would not have to walk in the street. 2. Cite the names and organizations/agencies that contributed to the development of a plan for this application and explain how they will continue to be involved in the project if it is funded; that is, formation of an ongoing"team." (10 pts.) . Was there representation from the school, parents, professionals in the areas of health, transportation, enforcement, local elected officials, and other key members of the community in formulating this project? (5 pts.) . Describe the collaborative process followed in the development of this project and the individual contributions of each. (5 pts.) LPP US-OJ Pag,e 5 April 25, 20VS 5-19 Local Assistance Program Guid.elines EXHIBIT 24-A Application for Safe Routes to School Funding Walk San Diego has worked extensivelv with Citv staff to perform walking audits for the Rice, Otav, and Harborside elementarv schools neighborhoods. The audits have ideutified missing and inadeQuate pedestrian iufrastructure at the proposed project sites, and provided detailed recommendations for improvement. Together with school district data aud Citv tramc and accident data, the results and recommendations from these walking audits will serve as a baseline for an alreadv awarded SRTS grant for Rice and Otav Elementarv Schools. The Chula Vista Police Department's Communitv Policing unit has worked with traffic engineers and the school district to refine recommendations from the walking audits. In addition, Citv staff have completed an effort to identifv missing and inadeQuate infrastructure surrounding the Citv's public elementary schools. using GIS mapping technol02V. The City has been awarded a Caltrans Community-Based Transportation Planning (CBTP) grant. This CBTP grant will fund the activities of Walk San Diego to conduct 36 citywide walking audits. 3. Does the applicant have a commitment from other agencies and organizations to have a role in implementing the project once awarded? (maximum: 5 pts.) . Cite the name, title, and contact information of the individual responsible for ensuring completion of this project. (3 pts.) . Has the commitment been formalized? Please describe. (2 pts.) . The Citv of Chub Vista will be the onlv responsibe agencv to complete this proiect. 4. Describe in detail any other efforts within the agency or organization that are planned or underway to support or compliment the proposed project. (maximum: 10 pts.) . Cite any funding commitments that have been made by agencies or organizations to sustain this project. (5 pts.) . Is this project consistent with the goals and objectives of local or regional planning documents; i.e., City/County Master Plan or General Plan, School Safety Plan, Circulation Plan, etc.? (5 pts.) The Citv has been awarded a Caltrans Communitv-Based Transportation Planning (CBTP) grant. This CBTP grant will fund the activities of Walk San Die!!o to conduct 36 citywide walkinl! audits. The Citv is currentlv working with a Consultant in developin!! a Pedestrian Master Plan that will identifv and evaluate existing conditions within a Qnarter-mile radius of all elementarv schools. and develop preliminarv school-area improvement plans. 5. Describe the safety-risks children currently encounter at the project location when walking or bicycling to school. Include supporting data such as accident reports, survey results, etc. (maximum: 15 pts.) . How was the determination made for each of the risks? (~pts.) o Describe the extent and severity ofthe risks; namely, fatalities, injuries. (2 pts.) . Describe the safety-risks; namely, high vehicular speeds along two-lane roadways without sidewalks exposing children to debris, mud, overgrown vegetation, etc. or recently repOlied abductions/kidnappmgs/peer bullying/gang assaults reported against children along commute routes. (10 pts.) This segment of Moss Street is a 35"mile oer hour two-lane road with missing sidewalk curb and gutters on tine north side between Third Avenue and Tobias Drive. Because of the lack of sidewalk improvements on the north side of this se!!me"t of Moss Street. most of the pedestrian traffic occurs on the soulln side of the road. Since the.. is no cllrb and gutter, dudng a rainv season the walk path LPP 03-0J Page 6 April 25, 2008 5-20 Local Assistance Program Guidelines EXHIBIT 24-A Application for Safe Routes to School Funding becomes muddv and non walkable. Since June 10. 2000 there have been three (3) pedestrianlbicvcle related accidents with iniuries. 6, Describe how this project will correct the risks identified above, (maximum: 15 pts,) . Describe the specific "fixes" for each of the risks identified above, (10 pts,) . Describe the range of alternatives considered, (5 pts,) Once the missing sidewalks are constructed. children. and pedestrians in general. will be encouraged to walk on this side of the road and not be forced to walk in the street when paths are mnddv: 7, Describe how this project will increase walking and bicycling to school. (maximum: 15 pts,) . Wbat barriers will be removed to allow for increased walking and bicycling? (10 pts.) . Describe how increased walking and bicycling among students will be sustained, (5 pts,) Installing the improvements as proposed, will increase the numbers of kids who walk and bike to school. by removiug maior obstacles to walkability that exists now. such as inadeQuate and missing infrastructure. Once parents embrace the many health. economic, and environ'mental benefits of walking versu.s driving, we expect to observe a signiticant decrease in dailv vehicular trips. As more parents observe ever larger numbers of children safely walking and biking to school. thev are Iikelv to have more confidence in the safetv of the school routes for their own children. 8, Describe in detail, your agency or organization's capacity to undertake this project (10 pts,) . Cite how the lead agency has managed other federal grants. (5 points) . Wbo (staff persons and/or volunteers) will be working on this project and what are their roles and responsibilities? (2 pts.) . Do you have other funding resources available for this project in addition to SRTS funds to cover any cost overruns? (3 pts,) Over the cOllrse of manv years, City planners and engineers have regularlv and successfully collaborated with the Department of Transportation (Caltrans) to construct projects to DOT and FHW A standards. Projects have included maior federally-funded freeway interchange projects. toll roads. bridges. and hundreds of miles of local street improvements. and bike facilities. The City of Chula Vista is able and committed to meeting FHWA reQuirements. Under 49CFR Part 26, it is the City's poliCY to ensure that DEE's have eQual opportunities to bid on and participate in contracted projects. In addition, the Citv complies with the provisions of the Americans with Disabilities Act, and with all applicable Title 23 aud 49CFR Part 18 reQuirements under the Uniform Administrative ReQuirements for Grants and Cooperative Agreements to State and Local Governments,. as well as all other applicable State and Federal laws and regulations. Grant funds are mauaged through the Fiscal Division of the Engineering Department which also assumes responsibility for FHW AlDOT reporting reQuirements. Project construction contracts are routinelv written, negotiated. advertised. and administered bv experienced En2ineering staff; internal audits are performed bv trained Finance Department grants management stalI, while annual single audits are performed by an independent auditinl! firm. Overall project management will be provided bv the Engineer;nll; Director/City Engineer with manv years experience in the management of infrastructure projects. Dav-to-day project management will be provided by the Desi'!n section of the Engineering Department. As with all transportation projects. LPP 08-01 :rage 7 AprrH 25, 2008 5-21 Local Assistance Program Guidelines EXHIBIT 24-A Application for Safe Routes to School Fuuding the senior civil engineer will be assisted by appropriately assigned staff, as reQuired. to fullv plan and execute the project, These will include design engineers, land snrveyors. traffic enl!:ineer, traffic interns. contract specialist, grant management specialist, environmental planner. The City of Chula Vista has a favorable record of completing Caltrans and other transportation projects on time and generallv within bndget. LPP 08-01 Page g April 25, 2008 5-22 Local Assistance Program Guidelines EXHIBIT 24-A ApplicaHon for Safe Routes to School Funding PART 5: Project Cost Estimate Please provide cost estimate figures in the formats displayed below. FOR INFRASTRUCTURE PRO,TECTS: PROJECT COST ESTIl'vIATE (as aooIIcable)" I SRTS $ Other $ Total $ PreliminarY Enaineerina Environmental I $39,600.00 $39,600.00 PS&E I $132,000.00 $132,000.00 Riaht ofWav Engineering $0,00 Appraisals & Acquisitions $0.00 Utilities $0.00 Constrnction . Construction $440,000.00 $440,000.00 Construction En aineering $44,000,00 $44,000.00 Before/ After Evaluation $2,000.00 $2,000.00 City/County Partnership Costs $0.00 Subtotal $657,600.00 $0,00 $657,600.00 Contingency* $65,760,00 $65,760.00 Total Proiect Cost** I $723,360.00 I $0,00 $723,360.00 I *Contingency "Tota! Cost" may not exceed 1O% of the "Subtotal"; however, exceptions will be considered on a case-by-case basis. "SRTS funds may not exceed $1,000,000 Has a non-infrastmcture grant been submitted or approved to complement this infrastructure improvement? DYes ~No FOR NON-INFRASTRUCTURE PRO.TECTS: SRTS $ Other $ Total $ Staff Time $0.00 Contractual Services' $0.00 Materials $0.00 Other Direct Costs $0.00 Before/ After Evaluation $0.00 City/County Partnership Costs $0.00 Total** I $0.00 I $0.00 I $0.00 PROJECT COST ESTIMATE (as applicable)" *No copyright permitted on materials. *'SRTS funds may not exceed $500,000. LPP 08-01 Page 9 April 25, 2008 5-23 Local Assistance Program Guidelines EXHIBIT 24-A Application for Sare Routes to School Funding PART 6: Proiect Deliverv Schedule Please provide estimated completion dates for the major milestones on your project. Target Dates for Infrastructure Projects: I. Obtain Authorization to Proceed with Preliminary Engineering (PE) 2. Complete Student Tally and Parent Survey 3. Complete the NEPA document June 2009 March 2010 June 2009 S. Complete final design and Plans, Specifications, & Estimate (PS&E) Seotember 2009 November 2009 4. Submit first invoice 6. Obtain Authorization to Proceed with Right of Way n1a 7. Obtain Right of Way Clearance (certification) 8. Obtain project Authorization to Proceed with Construction nla Mav 2010 9 . Award Construction Contract August 20 I 0 10. Complete construction December 20 I 0 II. Submit second Student Tally and Parent Survey results FebruarY 2011 March 2011 12. Submit final invoice with a report of expenditures, and close out the project Target Dates for Non-Infrastructure Projects (as applicable): 1. Obtain Federal Authorization to Proceed 2. Submit Student Tally and Parent Survey results 3. Submit first invoice 4. Complete project and produce deliverables S. Submit second Student Tally and Parent Survey results 6. Submit final invoice with a report of expenditures and close out the project LPP 08-01 Page! 0 5-24 April 25, 2008 Local Assistance Procedures Manual EXHIBIT 12-A Preliminary Estimate of Cost DEPARTMENT OF TRA;-,>SPORTATION PRELIMINARY ESTIMATE OF COST I SHEET City of Chula Vista I OF I Bid Opening Expenditure Authorization Budget Allocation Date 06/04/2008 District County Route PM Source of Funds II San Diego Federal.aid Number Description Moss Street Sidewalk Improvements between Third Avenue and Tobias Drive Safe Routes to School Program City of Chula Vista Item Number Item DescriDtion Unit Ouantitv Unit Price Amount I Removal & disposal of existing improvements LS I $10,000 $10,000 2 Excavation & grading LS I $10,000 $10,000 3 PCC monolithic curb, gutter, & sidewalk SF 3800 $50 $190,000 4 PCC driveway SF 600 $15 $9,000 5 ADA pedestrian ramps EA 5 $3,500 $17,500 6 Public convenience & safety (traffic control) LS I $5,000 $5,000 7 Adjust MH to grade EA I $2,000 $2,000 8 Aspbalt concrete (5' plus overlay) TON 1100 $100 $110,000 9 Cnlshed aggregate base (5' construction) TON 1300 $65 $84,500 10 Import soil CY 10 $200 $2,000 Length in Miles: SUBTOTAL $440,000 Contingencies $65,760 15 % $505,760 Made By: Roberto Solorzano TOTAL Checked By: Elizabeth Chopp [APproved: LPP 01-04 5-25 Page ]2-1 March 15,2001 01 I N Q) \ \, c I~'-----------" RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL OF TWO GRAl'H APPLICATIONS FOR FEDERAL SAFE ROUTES TO SCHOOL FUNDING CYCLE 2 TO IMPROVE PEDESTRIAN FACILITIES ALONG I STREET AND ALONG MOSS STREET WHEREAS, building on the success of California's Safe Routes to School Program and other similar programs in other states, Congress enacted Section 1404 of Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SA.FETEA-LU) and authorized a five-year Federal Safe Routes to School funding program; and WHEREAS, applications for funding for Cycle 2 of the Federal Safe Routes to School Grant Program are due July 18,2008; and WHEREAS, available pedestrian facilities along the north side of I Street between Hilltop Drive and First A venue are limited or non-existent; and WHEREAS, available pedestrian facilities along the north side of Moss Street between Third Avenue and Tobias Drive are non-existent; and WHEREAS, the proposed project along I Street will improve the school route to Hilltop Elementary and Hilltop Middle Schools by adding or upgrading pedestrian facilities in the area; and WHEREAS, the proposed project along Moss Street will improve the school route to Rice and Castle Park Elementary Schools by adding or upgrading pedestrian facilities in the area; and WHEREAS, staff recommends applying for project funding from the Cycle 2 Federal Safe Routes to School Grant Program for the I Street project and the Moss Street project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Clmla Vista that it approves the submittal of two grant applications for Federal Safe Routes to School Funding Cycle 2 to improve pedestrian facilities along I Street and along Moss Street. Presented by Approved as to forn1 by J,;)' /1 .11 =".. / '.~t>Z- J(/"~~ f;---r'--- Bart C. Miesfeld L" Interim City Attorney Rick Hopkins Director of Engineering H:\ENGlI\IEER\RESOS\RESOS2008\07-08,08\RESOLUTION SRTS (2 R~!g~ '1 EC.DOC CITY COUNCIL AGENDA STATEMENT 7/08/08, Item~ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "ADA CURB RAMPS FISCAL YEAR 2007/2008, PHASE 2 (STL334A)" PROJECT TO H & D CONSTRUCTION CO. IN THE AMOUNT OF $104,997.50 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXPEND ALL AVAILABLE CONTINGENCIES IN THE PROJECT SUBMITTED BY: REVIEWED BY: DIRECTOR OF E~G RIN CITY MANAGER. ~ ASSISTANT CIT MANAGER ~,- 4/5TH VOTE: YES 0 NO 181 SUMMARY On May 21, 2008, the Director of General Services received sealed bids for the "ADA Curb Ramps Fiscal Year 2007/2008, Phase 2 (STL334A)" project. The project consists of the installation of ADA Pedestrian Ramps and other associated improvements and repairs on various street intersections in the city of Chula Vista, California. ENVIRONMENT AL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the National Environmental Policy Act (NEPA) and has determined that the project qualifies for a Categorical Exclusion (subject to 58.5) pursuant to Section 24 of the Code of Federal Regulations 58.35(a), subsection 1 [Acquisition, repair, improvement, reconstruction, or rehabilitation of public facilities & improvements; e.g. curbs, sidewalks, repaving streets] pursuant to Implementation Guidelines established by the U.S. Department of Housing and Urban Development (RUD). Additionally, the Environmental Review Coordinator has also reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 categorical exemption pursuant to Section 15301 (c) [Existing Facilities] of the State CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION 6-1 I . 7/8/08,Item~ Page 2 of 4 BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The "ADA Curb Ramps Fiscal Year 2007-08, Phase 2 (STL334) " is a "design-build" project and will consist of the installation of ADA pedestrian ramps and associated improvements at various intersections. The work will generally include some removal and replacement of displaced curbs, gutters, sidewalks and portions of cross gutters. This "design-build" project is intended for areas that are relatively easy to construct without the use of any design plans. This $166,297.50 construction phase would include the following expenditures: the $104,997.50 base bid amount would be awarded to the contractor; contingencies in the amount of $21,000.00 (20% of contract award) would be available to the contract to address unforeseeable conditions and quantity adjustments; $2,500 would be used for construction soils and pavement testing; and, $37,800.00 would be used for City staff costs (surveying, inspections, and design). Project Design staff prepared specifications and advertised the project. Attachment "I" shows the specific work to be done at each location and approximate quantities of sidewalk, curb, gutter, AC pavement and other miscellaneous work. Staff received and opened six (6) bids on May 21, 2008, as follows: CONTRACTOR BID H&D Construction Co. ofEI Cajon, CA. $104,997.50 Koch-Armstrong General Eng. Inc. of Lakeside, CA. $118,134.50 Portillo Concrete of Lemon Grove, CA. $123,075.00 Hammer Construction & Development Co. ofChula $136,750.00 Vista, CA. New Century Construction, Inc. of Lakeside, CA. $138,285.00 Tri-Group Construction, Inc. of Po way, CA. $149.300.00 The low bid by H&D Construction Co. is below the Engineer's estimate of $145,317.50 by $40,320.00 (28% below Engineers estimate). H&D Construction Co. has done several capital improvement projects in the city, and their work has been satisfactory. Staff has reviewed the low bid and recommends awarding the contract to H&D Construction Co. of El Cajon, California. Also for City Council consideration is increasing the authority of the Director of Public Works to approve change orders over and above existing policy limits. Under City Council Policy No. 574-01, if a change order causes the cumulative increase in change orders to exceed the "Maximum Aggregate Increase in Change Orders" that may be authorized by the Director of Public Works Operations, then City Council approval is required. The corresponding maximum aggregate increase for this project is $10,350.00. However, approval of tonight's resolution will increase the Director of Public Works Operations authority to approve change orders as 6-2 I 7/8/08, Item~ Page 3 of 4 necessary up to the contingency amount of $21,000.00 (an increase of $10,650.00) and will authorize staff to expend all available contingencies and to increase the value of the contract, as necessary, related to unforeseeable conditions and quantity adjustments. Unforeseeable circumstances (i.e. utility conflicts, poor sub grade soil conditions, etc.) may cause increases in quantities beyond what was anticipated during the preparation of the project's specifications. Disadvantaged Business Enterprise Goal The bid documents set forth participation requirements per Federal Regulation for meeting the disadvantaged and women-owned goals. Jose Dorado, Project Coordinator II, has reviewed the bid documents submitted by the three (3) lowest bidders. His conclusion is that the lowest bidder, H&D Construction Co. meets the City's Minority and Women Business Enterprise (MBE/WBE) goals and Federal law. Staff also reviewed H&D Construction Co. eligibility status with regard to federal procurement programs and the status of the State contractor's licenses. H&D Construction Co. is not listed as excluded from Federal Procurement Programs (list of parties excluded from Federal procurement or non-procurement programs as of February, 2007). Disclosure Statement Attachment "2" is a copy of the contractor's Disclosure Statement. Wage Statement The source of funding for this project is Community Development Block Grant Funds. This project is covered by the Davis-Bacon and Related Acts. The Davis-Bacon Act requires the payment of prevailing wage rates to all laborers and mechanics employed for the work under this project. Prevailing wage rates are those determined by the U.S. Department of Labor or the U.S. Department of Housing and Urban Development. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no such holdings within 500' of the property which is the subject of this action. FISCAL IMPACT FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $104,997.50 B. Contingencies (20% of contract) $21,000.00 C. Staff Time Cost (Approx 30% of Contract and Contingency): $37,800.00 Construction Inspection (16%) $20,200.00 Design/Construction Management (12%) $15,100.00 Survey Work (I %) $1,250.00 PlanninglEnvironmentallTrafficlLandscapelPublic Works (I %) $1,250.00 D. Soil Testing (2%) $2,500.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $166,297.50 6-3 / 7/8/08, Item~ Page 4 of 4 FUNDS REQUIRED FOR CONSTRUCTION TOTAL FUNDS REQUIRED FOR CONSTRUCTION I $166,297.50 FUNDS AVAILABLE FOR CONSTRUCTION STL334 ADA Curb Ramps Fiscal Year 2007/2008 (CDBG) $166,297.50 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $166,297.50 There are sufficient funds held by the City to fully offset all costs associated with the construction of this project, with no impact to the General Fund. Upon completion of the subject proj ect, the improvements will require only routine City street maintenance. ATTACHMENTS 1 - Table - Location of Work 2 - Contractor's Disclosure Statement Prepared by: Jeff Moneda. Sr. Civil Engineer. Engineering Department 6-4 ADA CURB CUT PEDESTRIAN PROGRAM CIP NUMBER STl-334B DESIGN.BUILD 0 1ii"i: c e- rn o 0 S goo -l; $ - to .c _ ._ 0 .e~ - .1::-;;; .- 0 c go E.;=- En;; e! ~c ~ ~:;:; rn m "' "' .... '" 8~ 01 ~rJ ~ -i~(I) o C '0 0 '1' '" '" '" m<<l-=- c rn c 00 0..3 ,;, '" ,;, ,;, ,;, ~.=~ .g J2 rn -g tL <<-IJ Additional Work and Remarks ~'" Street Location c 0 ~ ~ 0 ~ <( o.'m .c _ 0. .Q > G 0-0. . ~- ~c(\ '" - ~ ~@ c'c '0 0 0 0 0 t:~~ 510 cO: 0 Be; ,.. ~.g ~ 00 z~ o _ 0 o- m . 2 " ~o.. <(5 . '0 ::0'5 0. . - '" .- I- ~ ~u '" '" 10 > 0 m I CJ1 -;-- Mal;~l.I":;~~ny ~;~---'--k;--'--I---l,--J-;--I---,---J-';1-~;~'I--.-I--____1_;-/.__ 3 - '11:~~~f~~:1 & -Ped Rampliisla"-- ~Maln SLffhi;d Ave. 1;;;';,;--1'-- --;- -----I--I--;-r~o~-----'I-;;- -----;- 11 -~~~~~~o~:.; & Ped Ramp. In'lall- -;-INaPlesst.lDeIMar~ve. ~.~; --- ----~~--- --r--r-- ----1-;5 -- ---------;~ ---~--- Remove Large n: R1RSToPslgn.- 6 Oleander/Azalea Sf. -- 7 11 Kearney St./Church Ave. IN/E,S/E,&NJW I 3 I 500 I 25 r 1 Relocalestnamesign ~ l Sl.ISecond AVe. -=-~-=Is/W _ -----.---1-~-~=--=I-~-=I=--=L-3~~-~-=l- ~30 r-~-I~~= ~~~=~=_~-=--=_~=-== - :: I::::::::~:~::::~:ve. I:;;~~'''---I'-~-I----'-T----;--Im_-+-;:;-I--~~--I----;~. ---- -I ~ -- ------------- TOTAL 7 695 14 10 3,550 295 244 TONS 75 2 4 4 .,., =/ ,., () .:r: So: m z f- ATTACHMENT z CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-0 I, prior to any action upon matters that will require discretionary action by the Council, PlaJJl1ing Corrunission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier, 2, If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all indiv' I with a $2 00 investment in the business (corporation/partnership) entity, 3, If any person' identified pursuant to (1) above is anon-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter, 5, Has any person' associatoo with this contract had any financial dealings with an official'~e City ofChula Vista as it relates to this contract within the past 12 months? Yes_No~ 41 M:\General Sen-;ces\Design\STL334A ADA Curb Ramps. Phase 2\STLJ34A Specifications and ConlJ'act.doc 6-6 If Yes, briefly describe the nature of the fmancial interest the official" may have in this contract. 6. Have you made a contribution of more than~~ within the past twelve (12) months to a current member of the Chula Vista City Counci1? Nl\. Yes _If yes, which Council member? 7. Have you provided more than $340 (or ~ of equivalent value) to an official" of the City of Chula Vista in the past twelve (12) months. is includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No If Yes, which official" and what was the nature of item provided? Date: sf'Lv /0 fJ I , Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate: trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. . " Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staffmembers. 42 M:\Genernl Services\Design\STL334A ADA Curb Ramps, Phase 2\STL334A Specifications and Contracl.doc 6-7 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "ADA CURB RAMPS FISCAL YEAR 2007/2008, PHASE 2 (STL334A)" PROJECT TO H & D CONSTRUCTION CO. IN THE AMOUNT OF $104,997.50 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXPEND ALL AVAILABLE CONTINGENCIES IN THE PROJECT WHEREAS, on MAY 21,2008, the Director of Engineering received sealed bids for the "ADA Curb Ramps FY 07/08, Phase 2 (STL334A)" project; and WHEREAS, the work consists of the installation of ADA Pedestrian Ramps and other associated improvements and repairs on various street intersections in the City of Chula Vista, California; and WHEREAS, the work for this project also includes some removal and replacement of displaced curbs, gutters, sidewalks and portions of cross gutters; and WHEREAS, the City received six (6) bids as follows: CONTRACTOR BID AMOUNT H&D Construction Co. ofEl Cajon, CA. $104,997.50 Koch-Armstrong General Eng. Inc. of Lakeside, CA. $118,134.50 Portillo Concrete of Lemon Grove, CA. $123,075.00 Hammer Construction & Development Co. of Chula Vista, CA. $136,750.00 New Century Construction, Inc. of Lakeside, CA. $138,285.00 Tri-Group Construction, Inc. of Po way, CA. $149.300.00 WHEREAS, the low bid by H & D Construction Co. is below the Engineer's estimate of $145,317.50 by $40,320.00 (28% below Engineers estimate). WHEREAS, H&D Construction Co. has done several capital improvement projects in the City, and their work has been satisfactory; and WHEREAS, staff has reviewed the low bid and recommends awarding the contract to H&D Construction Co. ofEl Cajon, California; and WHEREAS, City Council authorizes the Director of Public Works Operations' authority to approve change orders as necessary up to the total funding available. 6-8 . - NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista accepts bids and awards contract for the "ADA Curb Ramps Fiscal Year 2007/2008, Phase 2 (STL334A)" project to H & D Construction Co. in the amount of $1 04,997 .50. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista authorizes the Director of Public Works to expend all available contingencies in funds in the project. Presented by Approved as to form by Richard Hopkins Director 0 f Engineering ~W'<:N'\\\ Thr%\\ Bart Miesfeld . Interim City Attorney M:\GeneraI Services\GS Administration\Council Agenda\STL334A Curb Ramps Phase 2\STL334A Reso.doc 6-9 CITY COUNCIL AGENDA STATEMENT ~If? CllYOF ~ (HUlA ViSTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: 7/08/08, Item -r RESOLUTION OF THE CITY OF COUNCIL OF THF CITY OF CHlTLA VISTA ACCEPTING BIDS l\ND AWARDING CONT~<\CT FOR THE "REAS SLURRY SEAL PAVEMENT REHABILITATION PROGRALvI FISCAL YEAR 2006/2007 (STL-340C)" PROJECT TO PAVENIENT COATINGS CO. IN THE AMOUNT OF $1,559,200.00 Al'ID AUTHORIZING THE EXPENDITURE OF ALL A V AILABLE FUNDS IN THE PROJECT ~. DIRECTOROFEN~INE RING CITY MANAGER Jlffl., .. _____ ASSIST ANT CITY - ANAGER ~) 4/5THS VOTE: YES D NO L8J SUMMARY On May 14, 2008, sealed bids were received for the "REAS Slurry Seal Pavement Rehabilitation Program Fiscal Year 2006/2007 (STL-340C)" project. The work consists of the removal and replacement of damaged asphalt concrete pavement and the application of Rubberized Emulsion Aggregate Slurry (REAS) at various locations in the City of Chula Vista, California. The work for this project also includes sub grade preparation, striping, pavement markings, traffic control, and other miscellaneous work, and all labor, material, equipment, and transportation necessary for the project. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 Categorical Exemption pursllant to Section 15301 (Existing Facilities) of the State CEQA Guidelines because the proposed project consists of minor alterations to an existing public facility involving no expansion of the facility's current use. Thus, no further environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. 7-1 7/08/08, Item . i Page 2 of 4 DISCUSSION Included in the Fiscal Year 2006/2007 CIF Budget is a project for the rehabilitation of deteriorating pavement throughout the city. Public Works Operations and Engineering, through the Pavement Management System, developed a priority list of streets to be included in the program. The total budget for the Pavement Rehabilitation Program Fiscal Year 2006/2007 is $11,404,515 from Transnet Funds and includes overlay, pavement removal and replacement, chip seals, and slurry seals as maintenance strategies. The pavement rehabilitation project will use approximately 15% ofthe pavement program funds. The total funding amount of 52,039,440.00 consists of the following: 51,559,200.00 is proposed to be awarded to the contractor, $37,000 shall be used for consrruction soils and pavement testing, $131,400.00 for City staff time (survey, inspections, and design), and contingencies in the amount of $311,840.00 (20% of contract award). The slurry seal project consists of removal and replacement of damaged asphalt concrete and application of Rubberized Emulsified Aggregate Slurry (REAS) on various pavement locations in the City of Chula Vista, California. Since the application of REAS is temperature dependent, the City conducted an asphalt concrete contract to repair streets that are scheduled for the slurry seal application and take advantage of the colder months. That work has been completed and the repaired streets are now ready for the application of REAS. These streets, which have been repaired, are included in this new contract. This new contract, "REAS Slurry Seal Pavement Rehabilitation Program Fiscal Year 2006/2007 (STL-340C)" project, will complete the required maintenance strategy to the just recently repaired streets in the City. The purpose of this strategy is to prolong the pavement life of a street. Proper maintenance of newer streets, such as slurry seals, decreases the probability of having to perform a more expensive rehabilitation such as an overlay. This project includes the subgrade preparation, preparation and application of slurry seal, striping and markings, traffic control; and other miscellaneous work, and all labor, material, equipment, and transportation necessary for the project, and described in these documents. According to City Council Policy No. 574-01, if a change order exceeds the cumulative contract change order aggregate amount allowable to be approved by the Director of Public Works Operations, City Council approval is required. That amount totals $100,960.00. However, approval of tonight's resolution will increase the Director of Public "Vorks Operations authority to approve change orders as necessary up to the contingency amount of $311,840.00, an increase of $210,880.00, and authorize staff to expend all available contingencies and increase the value of the contract as necessary due to unforeseen circumstances. Unforeseen circumstances (i.e. poor subgrade, utility conflicts, increase of dig-out quantities, etc.) may cause an increase in quantities beyond what was anticipated during the preparation of the project specifications. A typical "unforeseen circumstance" situation occurs during the dig-out process as pavement distress areas are repaired (dig-outs). Often times, additional areas are repaired beyond what is anticipated due to the failing area increasing in size. As a result, additional material is required to repair the areas and may lead to a necessary "Change Order" to the contract. This is a typical situation with all pavement rehabilitation projects. Project Design staff has prepared specifications and advertised the project. Staff received and opened 2 bids on May 14, 2008. Attachment 2 shows the list of streets included in the project. 7-2 '-7 7/08/08. Item ~ Page 3 of 4 The City received the following bids: CONTRACTOR BID AMOUNT 1. Pavement Coatings, Co. of Cypress, California $1,559,200.00 2. American Asphalt South, Inc. of Fontana, California $1,714,870.00 The low bid submitted by Pavement Coatings, Co. of Cypress, California is above the Engineer's estimate of $1,374,635.00 by $184,565.00 (13.43% above Engineers estimate). Statf has verified the references provided by the contractor and their work has been satisfactory. Disclosure Statement Attachment I is a copy of the contractor's Disclosure Statement. \Vaze Statement The source of funding for this project is Transnet funds. Contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this project. Disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various trade publications. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that the decision concerns repairs, replacement, or maintenance of existing streets or similar facilities and, therefore, there is not a material financial effect of the decision on the property holdings of the City Council Members pursuant to California Code of Regulations sections 18704.2(b)(2) and 1870S.2(b)(I). FISCAL IMPACT FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $1,559,200.00 B. Contingencies (20% of contract) $311,84000 C. Staff Time Cost (approx 9% of Contract and Contingency): $131,400.00 Construction Inspection (3%) $S6,SOO.00 Design/Construction Management (3%) $56,500.00 Survey Work (0.5%) $9,200.00 Planning/Environmental/Traffic/LandscapelPublic Works (0.5%) $9,200.00 Soil Testing (2%) $37,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $2,039,440.00 FUNDS A V AILABLE FOR CONSTRUCTION . A. Transnet $2,039,440.00 TOT AL FUNDS AVAILABLE FOR CONSTRUCTION $2,039,440.00 7-3 ,...., 7/08/08, Item~ Page 4 of 4 There are sufficient funds held by the City to fully offset all costs associated with the construction of this project, with no impact to the General Fund. Upon completion of the proj ect, the improvements will require only routine City street maintenance. A TT ACllivIENTS 1 - Contractor's Disclosure Statement 2 - List of Streets Included in the Project Prepared by: Je;ijlvfoneda, Sr, Civil Engineer, Engineering Department M:\Gt.:neral Services\GS Administration\Council Agenda\STL340C REAS\STL-340C Slurry Seal ANurd Al13.doc 7-4 AD ACHMIENi I CIne OF CHUL.'. v1ST.'. DISCLOSURE ST.'. TEMENT Pursuant to Counei1 Policy 101-01, prior to ~lY action upon matters that will require discretionat.--y action by the CQunci1~ Planr.i.T1g COEJ.rrllssion and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions far a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons haYing a fmancial interest in the property that is the subject of the application or i:he conrrac~ e,g., O\vTr.er, aPFlicant, contractor, subcontractor, material supplier. None 2. If any person* identified pursuent to (1) above is a corporation or partnership) list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. None 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. None 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before ll}e City in this matter. None 5. Has any person* associated with this contract had any financial dealings with an official** oftne City of Chula Vista as it relates to this contract v,rithin the past 12 months? Yes_ No~ 14 M:\Gcncral Servic~\Dcsign\Snj40C REAS Ccntract\STL-J40C Sp!::cific<l.llons and Contract-cioc 7-5 If Yes, briefly describe the nature oithe financial interest u1e officlal** IDay have in this contract 6. Have you !rill-de a contribution of more L'1a:., SX50 wltri..TJ. the past twrelve (11) months to a current member of t,'1e Chula Vista City Council? No _ Yes _ If yes, which Council member? 7. neve you provided more than $340 (or an item of equivalent value) to an officlal** of the City of Chub, Vista l.T1 the past twelve (12) months? (Vis includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No ~ Ii Yes, which official** and what was the nature of item provided? Date: ~Iay 14th, 2008 Sisnature of Contractor/ Auphcc.nt - DOUG t:=ORD Pnnigent Print or type name of ontractorl Applicant *' Person is defIDed as: any individual, fmn, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city) municipality, district, or other political subdivision, -or any other group or combination acting as a lU1it. ** Official includes, but is not limited to: Nfayor, Council member, Planning Cornrnissioner, Member of a board, commission, or committee of the City, employee, or staff members. is M:\Genenl Ser'fices\Dcsign\STU40C REAS Contract\STL-340C Spe.cifications and Contract.doc 7-6 II STREET REAS SLURRY SEAL PAVEMENT REHABILITATION FY07108 REAS SLURRY CONTRACT ONLY (STL340C) LOCATION BEGIN H:i1i;~ ::\,!yf~"~R.Q:~-~.,^Y:~(W?i'iiE,\ih1~1 {i,':':iil SHEFFIELD CT 2 I(EHNEL PL E "H" 5T BAY BLVD SUZANNE IN E WHITNEY 5T NCOS ~~nt ~W:f~1TliitANI$.'J~~jMi~i~~~~I GHETCHEN AVE I~Uffi: ',TgH;1'iA\lr~1)~l~W(~pj\0:n~E~~;i::ti.t1f;1 N CDS !) GALVESTON WY COLTRlOGE LN n'('fq~ ~m~t:mj5:,T~ttHJiGf~~hj~;~~:~ MAX AVE I:AtfV ;{in-I{9r1AHT~"fif},~1'D!t~:!JD;I~H~;)j CUYAMACA AVE n LA MANCHA PL BUENA VISTA WY j\1T(^RRB'AY~N;iJBf~ii'!;M!i~i.t;I~ ORANGE AVE :~'~I~g~i1Qi~i~h~~:f;;~-Mf~~~~ W CDS ~~~~~:::;EA:~VE 17 HEHHA BONITA PL'. MESA GRANDE PL ~f~@~[N;<~AR~\m~tW:;;:~rWFMQ~:\r TWIN OAKS CI. t~i:11( ~j;\I}mN~iA\htf1?iW2.;l~~~~~t~1;l1; "G" 5T ;{gg) i&GQif~~f.0J:iQ!.AV~it)~~%~:11j~i~;~ ~I~ Sf 21 DALE CT TIFFANY DR 22 DARTMOUTH ST BAYLOR AVE !1{~,~H~~;r(f(j'INTARD1'ifijii\~;Vjj.fli:~iS;A MONS ERA TE AVE ~:2~:~ ~r~E:~'1~1WYLi&;~~i~~ii;'~*~\~~ PENELOPE OH ~~:i~} GARI,Crr AVE "f-j" ST ii'iiKf }[Q1:'QY'~R'j'^ygll!~~lliil~\I;~~};~1i.W ~J" ST 27 GOTHAM 8T RUTGERS AVE LANTANA AVE TOBIAS DR END Of: STREET N COS FIRST AVE BRANDYWJNE AVE W OF TENNIS CT LN CITRUS WY FRESNO AVE weDS VASSAR AVE 511 FT E/O BROADWAY CEDARSPRJNG DR ZEHITH ST SOUTHSHOHE DR END MYf1A AVE SEND FRONTAGE AD W TAMARINDO WY E "j" ST SIEfmA WY MYRA AVE SJi:RRA WY SE CDS N CDS GUlITAY AVE NE CDS WOODLARJ( IN OLEANDER AVE THIRD AVE OLlVI~ AVE NWCQS TWIN OAKS AVE FIHST AVE HALSEY ST N CDS MILLS ST MELROSE AVE CDS MANKATO ST KEARNEY ST EENO CAMELLIA CT Illll TOP OR "C" ST CRESTVIEW on. TOBIAS DR URANDYWINE AVE HOI/H PARI< ENTER. HILL TOP DR THl!~O AVE OLEANDER AVE CORNELL AVE ANNA LINDA DR LAl<ESHORE DR MAIN ST RIOGl:WATER DR 3 ANITA ST ~t'h~)tll~mi~~~~~~\'iw;t~'!i'[s~ii;l f~ffi~~~~,~~;~i~t=\~i~~J: -.J I -.J ~i~Qj ,~iKit1'G~WQQQ[g.~}jfln~~J3~~t 1f;'3:0\ N t=rFTJ-I AV!:: 31 HlMGRESr CT ~ ~~~~1ii.~'~~;:~:~!i;I~i;! ].J SWEETWATER RD ',~!;3.~!" i\WrAMARj'I~iYQfWYIW\;.I~gj~i~/')! ,1@'~~~ ~~tR~MQH:n\~;t~gj~;S~iii}~'i;;~: I:~'iif :lCVF;R(iNICfi!.QT;jI~l;W!~l::V;~fjf~fl':: 3Il YALE 5T l;?gl ANITA ST 40 ASHmWOI( DR M'!)&!Td!;Bifi..vg,,~~:1~~li1'lVtK;~ Rf (lUJEWATEI~ IN PCI LEIJGTB 1FT) WIDTH (I'T) G-D,S (SF) SLUrmV AHEI EST. (SFI " 30'1.00 33,00 70 112.00 ::13.00 02 364.UO 45.00 02 39fLOO 33.00 B2 637.00 37.00 0" 1fi5,UU 33.00 02 755.00 33.00 02 300.00 :'13.00 -- 02 750.00 J3.00 02 OlD.OO 33.00 82 62U.00 ::13.00 (\2 li02.00 33,00 ll:.! 355.00 33.00 02 332.00 :n.oo 02 1,263.00 30.00 IJ2 :.!7li,oO 33.00 02 592..00 :13.00 02 1,H]!l.[)O :26.00 U3 li09.00 20.00 "' 620,00 33.0n [13 200.00 33.00 OJ 1,013.00 :noo IlJ 1l3:LOO :rr.oo 03 3U7.00 33.00 B3 Coll.OO 20.00 no G2/J.OO .27.00 03 1,U32.00 37.00 - OJ 267.00 :noo 03 647.00 3:'1.00 DO 750.00 '\!:l.U0 OJ 222.00 :n.oo 03 fi17.00 33,00 1\3 l,12lJ.OO :n.oo 03 1,02'1.00 '11.00 OJ flOlI.OO 37.00 B:i 615.00 3:1.00 .3 27.00 37.00 83 1,165,00 :l:WO 0-' 840_00 31.00 'I< (j07.DO J:J.OO 84 321.00 33.00 0-' fiOT(]O :t:l.OD :!I-Arr-lln mG-our EST. (SF) I EST.lTN) 4'13.52 2.000.2[1 '1,1U5.0D , ",r-'IJ 4,656.00.. gO.:,I~..~~~2 ~5211,'/~ 4,655.0!l ~;1;71J!};P.9. .,;" "'''''' o:~i'fi1i:i)Q' 4.65[;.00 ~~~~[.~n~;);f?';1\'~~f~,i{J9 2,0'1:::.fi.J I] ,1 il5.00 ~\;;FitW!~!i\{;'i'~r$qQi-Qil ~fj;@;%t'~i"i_Q;'~~~'{QR ;;:;;:;!:;;.~~~~~:~ .r1,'1n;QQ 4,656.00 4,752.00: ~$;ij~(i;fj\-j ,;~..,;,.;! - _?;1l~H;Q9 ;-";:::T':'i~::!i~3~;:!1'i}q@) 4,185.00 :~t::,';f1~dkjq:'i~jiii'd ~itJFmWtt:j~;~_'iti:ij9. \~i\)i\::j'l!i;i:;':i~;j'fi;j'i~lj;'(W 4.1 85.0D ft,;miliiS#irJ;'~'1~';!fQ l'tt~;,~t::1~W{A:1,:r ~rij~?:'9'P '1~\~'Jj~~1'Si~;'~'~Q~'ijii ;::~:.:1'.:": ~ i: j i'j1 00 }~i~/{(:\?Di~;,~~:;'~'.1'm l}Q ~~:;[~~~;'.\'i!_!k_:~_1iri.1:iT@ 4,656,00 ~ij~j~~!t~;~~f !;,~~};;i,~~f~:~;:dQ:~-ij1@i '1~~@~Zm }Y~oATo9.' "'4~_~~'b'6 Q;g'lf~Ji~~ 4.165.00 i~WJjii\'~Yi\_~'~~~f~1 '"E:~ti~~'~t~i;~'~~~li:~~ --, ~~t\;W~illnHdQ! ~ 9' i~9Q 1"),,f';;-;';;;,'{~f~14:~:Q':'(if!' 2,903.01] 1.2!l4.20 4,011.411 B,134.06 1 '37ij~' :;:~~i);I~rM;5-in5' " .' >ohlLl~~i.uii"'J;',":1., '1', ~'I ~I ;r-. () I <" IT! z -l \0 ti.03I;UJ6 'l.fll:l.40 2,'IO:l,'t2 :.!)lIJ7,111l -..J I ex> '''.-.::\.'":::.';;;1'"' , LOCATION LENGTH SLUnRY AHEA DIG-OUl /I STREET PC, 1FT} WIDTfl {FT} C-D-S (SF) -- BEGIN END EST. lSF) ESf. (Sf) I EST. (TlJ) ;~;~~~ HILLTOP OR PENELOPE OR ,., 045.00 :rr.DU . It;~j NOLAN LN NACION AVE ,., 917.00 37.00 MOSS ST NAPLES ST ,., 1,383.00 49.00 ]~-~;j FIfTH AVE .. QUEEN ANNE OR OXFORD ST ,., 1i4!l.()O 55.UO Ii!;ti t1fiQR:tQTm~~}i!\t;~~~~iMJ~~:TI~; EVANS AVE CUYAMACA AVE ,., sn.oo 33.00 ,L4~J! :h'~0.t1~G\IAV~-{~!i:!r}i~Wl~:iyi,t;lW~ HEATHEH cr liLAC AVE ,., 1376.00 33.00 :l!':ijr~j\:,~::{ ~'~T~gQ';-gO ~'4~( i~M'lU~NIQ:nj)~~tr~~r:~jt9,a1'tr,~J FIRST AVE E CDS U4 82'l.llD 33.00 ".656.0U i.iJj~~~TIL{ll~~~jY ~h'p: p~o 1m :;\,'~j0Ht-~'if€-k~Q:~-S.]i!;1.::~.jbM)?i SECOND AVE ELM AVE " 540.00 27.0U :~:ml:~l';'~;!H\i;jmi9~_-~QQ 51 QAI( VIEW lE W CDS CHERRY HILLS LN '4 san.DO 33.00 4,656.00 11$;:;~~;J;:\W~71'!Q'orE(j'9' :.!,tl87:.W . n 52 PASEO MARGUERITA PASEO DEL PASO PA8EO ESTRADA 0., :~57.00 33.00 Wfhi!!~:\(~(:1m'l tU:Q'Q 1.,1 13.72 &~~~~ ~.ft:~~QAQg~R&}H.q.jN.:T~rQ:r&; N CDS POINT ARGUELLO DR lH 02.00 Hl.OO 4,355,00 :N{~~tf,J.'i~jnif1'Q:4rhg ~~W!~ ~lrqp.iNG W:.~.t~i::,ni:~;i;i!~'~!'N~'iX[a~;;} OCALA cr OLEANDER AVE ,., 20,1.00 33.U[J :m:E'!').:~i:'~'l'W;@Vl~~'@} ~~M QUINTARO ST EL LUGAR ST THtRD AVE ,., 525.00 49.00 j:~;~~;~~t4'g.~'j 7~~\Qij 55 HEDLANDS PI. BAYLOR AVE S CDS n'l 773.00 33.00 4,55[j.D(J {[;\}t::~,E.i\';!;;;:~ O!~'fr~;{ji} 3,D19.[lO IE~i~ ~~~~Qi)QjN$.Tlil~r~J.1~m~1t{f.~ ~~;mil~,\il[~~r~\ ~~~'!9H ~--- POINT ARQUELlO DR E END 0.1 1,174.00 ~17.00 ~ ~r~j'~A!idQ.WJ:$j~i~!L;;\l;f:,;m~'g(~-f;{ HAVEN AVE ORlOLE PL ,., 281.00 33.00 ~?;it:~:!tH)?t~j:E~r 7i;TIriQ liJ~~ weDS FORESTER LN B4 1,1373.00 33.0U 4,555.00 ~~f&\N~i,\i~(~'9;'~@'r66 7,183.80 CONNOLEY AVE CITRUS WY ,., '163.00 33.00 ;-\rJR;DSf~1;1.i~';~f~;"fi9' 61 WATERBURY llRJDGEPOHT RD DHlOGEPORT RO 8., 2,202.0Q 33.00 t;~jrf1j;\~~~:i~:'~'~ili,Q'Q U,O'/6.32 62 WATEHSJDE DR SQUTHSHORE DR RlDGEWATER DR lH O!J2.00 33.00 \ti}:!\~/f;j,:~:~.~'i: !~ii~;Q'ii 3,8131U2 ~;:~:~ ~~~,&jx0~~}~~~t~l~t~~:~} \:~t~~;~:::~!-ijir~'g'ii.i;\~;iici -- GRETCHEN RO N E "J" ST U5 1,153.00 33,00 TREMONT ST MONTGOMERY ST I.l~i 420,00 33.00 ;~1~(1 jJ;.\t:~!O~: ~fio.X/q ~ BOSWELL RD LANE AVE W CDS 85 1,851.00 61.00 :~I;:~:~}J~j~~D 'g; rDJ;pii 1'1.261.32 ;j ir:~AM~V\;i^':Q~ii4.:.t1;;Ijyt{::\;miJI,~J N CDS JASMINE ST D!j 3.,0.00 33,00 4,656.00 {H;;i!\!!.I,~!IJjr!Ji:i.~ftYQQ ,.: q, i~it4;!1?illT[nniQiiQO ~~ 67 CAMINO ELEVADQ DTAY LAI(ES '10 CALLE J:SCARPADA jiS 579.00 :noo 2,2D2.!l<l , , Jhj'~'( ;i(~A'RT~gA':gt0\ri9WjTI1;,~~:~~i:iZffi5:; N CDS JASMINE ST 85 289,O[) 33.0[) '1,656.00 ;j:~:;~~i~~~"~i:~'~~~~'~ i~9.1 ~;[li.\yrp~QNT~'Nlli;tl~(X}jti~ FIRST AVE E CDS os 822.00 32,(]O 2,206.0D 10 t:NlElrrAINMt.:NT Cl (N) ENTEIlTAINMENT CI HERITAGE RO 115 1,50n.OO 75,00 . ~iU21~;,\~rl;Jfi~:'.1'{iq~ (in 1:1,5"/2.00 71 ENTEHTA1NMENT C, IS) ENTERTAINMENT C, HERITAGE RO U5 2,947.00 '19.00 :1h\);~~~2~1~'~j:~\i..~;Q'~.l 17,32B.36 72 fORESTER LN N CDS SOUTH POINT DR U5 1,150.00 33.00 4,658.00 ;;:GX!I:~m!::;li~~rii9@}B' 5,112.12 m.;;yD~~1~~~~j!;'1!1 ~;@ . n GOT/tAM ST XAVIER AV VASSAR AVE 115 1,246.00 33.00 4,934.1t3. 7., I<EAnNEY sr FOURTH AVE E END 115 625.00 27.00 :;i.:~Wi~WiIj~iftrIiIJ: aD 2,025.[jO 1751 !i:~HIJ.~~ ........ ... ......'''i MilLER DR FENTON ST 05 1,17UlO '19,00 ~mMr.J&'i:i~Y;Ii9:Qo. 6,BIJ5AIJ SHASTA ST SECOND AVE tl5 <1DB,OD 31.00 tr~i)X,W:il1)Ji:j'~~~~lli1lO 'tin!' \fMQR!~Q.:nQlt{l;;~lB.t{o,\t.~l~-i lONG POINT CT WEST POINT DR llS 3<17.0U 29.00 mIVij~~n~K19: ,m~J 'q,i} Iii 1(,7'.; :'.'\m~~i.(A~6.ti}1\N(r':H,~1jilJ):\;Rl~,~{i QUINCE ST S CDS 85 '123.00 33,00 4,656.0D :~~\%~Fi:1[!Ff# ~f]T~J:tg fi.~:. RQ~~iQ~~':Qh~%$i'lr~~~~j;),t~~fq,\~! ORIOLE PL E CDS 115 207.00 33.00 4,656.00 8;tjii.:B'~\~H~i'i~'~:7'@~ ao PASO HOOlES CT W CDS MACI(ENZlE CHEEI< DR liS 61'1.00 33,00 -1,6513_00 {,~fM~l,lU,r?;j\'~j~j;(io. 2.97tl.2tl w=T j!e~Q!t~.:t;(s^.N':Jl0X$.';Qf41g,:~1~! --- :-;\~:f\jW~1)1(f<;~Y8h('!';'(tQ :;.1l1,;, W CDS TOHTUGA POINT DR us 1 w,oo 19.00 '1,356,00 , ~ :~Of{fY~R [~'AWN?1:.V~'l~;:W(r~~j!;;~;j I( 5T L ST B5 1,530.00 33,00 t;\l\tmWi~9'ii~A~.Qg ~j~j~i.~i\ "' SOUlllSHORE DR I.AKESI'IORE DR HIDGEWATER OR 115 835.00 33.0ll );;.;~i0i~1i~,11f? ]:;:!H '~;;' D.9 3,3otHiO :'i(~'7; tf:a:ITt~y f{EM0Niiis'lii\:~,Vt~H;;!'f';m~j~:K THIRD AVE DANNER AVE ll!i 1,311,00 33.00 ~~\~3:rlf[lf;13'! :?ii'~:QQ (,.....,,,...,., ..J__.. "..,IO'.,,',J;.lHH:;"f "' ARBOnCREEl< LN RIDGE CREE1( DR SUNNY CREST LN "" tl33.00 33.1)0 riiii!iH~~;,\Cj't'Wj'iJ:Qni(! 1,7 l'l_BII :t.!? !:feR' \j:~.~QF~;:h.oj'r~ItGf;.:I!i;;/;~%g!}: POINT AI~QUEl.LO on S CDS UG 93,00 1D.O{) '1,356.UQ ~~Ert,Hf;:M~:6n~';1;QQ U"i CANYOI~ DR I V'A HACIENDA OTAY LAI<ES no OG 7!l7,rJO 37.00 'if:~:~1'I~;~iX.:'2'6T:i:I''fj')i(i J.4~M.;W -.J I CD . .~-.. - ... .'-~', .. ..-", ,.,-.-.....,...... .;!,":'~ LOCATION LENGTH SLURRY AREI DIG-OUT /I STREET PCI fFT} WIDTH (FT) C-D-S ISF) BEGIN END EST. (SF) EST. ISFI EST. (TN) ~:@~J: CARDINAL Pl NCDS BED WING RD DG 113.00 :'1:1.00 '1,fi5G.OO .~~'~~,;-:~_i,'i~:;ilEi \ ~~~lQii ;~:99.J~ PENELOPE DR E. J ST 86 72!i.OO ~noo '(?i;:Y!~~~l:i[:{:i';_?J g;OP' DO COUNTRY VISTA IN weDS BONITA CANYON RD DB 9,\1.00 33.00 4,GSG.OD Ht~K']~i;:B';@i.Q~':9r~ '1,2115_0(l "Jig'_W; mi.~'~:M'QWt'Why_j'g~{jWIJi~Mri MAIN ST S END DB 9Hl.OD :noo ::\\;"iJ~::!'W@3.Q: ~7.~~Q-Q' '. fR~'! ~'~lNAn'i;I~;ojW~'iJ,~;r,4J:i~~~;j !t:~~h~)li;\-~TilQ:1'p;9Q ----- MEDICAL CENTER DR ECOS DB 189.00 37.00 4.656.00 OJ EhlERGY Wi weDS NIRVANA AVE !l6 ,rn.oo 49,00 5,atl4.00 ~~},bj'QMf:1F2Ciij i,i'(QQ 3..W4.52 f:;~,;j~ ;i:X~~VJi:H~'f~Yg'(li'ili'QQ ---- . FIfTH AVE WESTB Y ST ARIZONA 8T 55 301l.DO 43.00 ADDITIONAL STnE~TS r::!~~'!!,:~~W)[i'pn;\!'i;::;in~i~;1 95 LANE AVE PROCTOR VALLEY "0 BOSWELL RD 2,251.00 71.00 ':iXM;~~t5'~fii~~.'1-;9Q 96 l.ANE AVE UOSW~LL RD OT A Y LAKES no 2,020.00 lil.OO ;!!gH:;;:':f':'i1i~jiQ::,qt) 97 VISTA WAY ](ST SAN MIGUEL DR 370.00 35.00 ~!;11f;'~'~1~11~:'Q:~Q;Q6 Oil I( 5T VISTA WAY 1ST AVE 1,000.00 35.00 [;j:_nYI:![;~]fWP,f;i'$:gq,(l'{i)Q 99 SAN MIGUEL OR COUNTRY CLUB DR HILL TOP DB. 1,050.00 35.00 "I,.,:~:,':~CT" ..,....''1''... 180 SIERRA WAY COUNTRY CLUB DR !-lILLTOP OR lUO.oO 35.00 ~-:::1 181 PALOMAR on COUNTRY CLUB DR HILLTOP OH 750.00 :i5.00 . _;__'"..._L... 102 COUNTRY CL.UB DIl L ST " 5T 1,554.'11 35,00 fFi":tlPI\:jh \03 SIERnA WAY 1ST AVE 2ND AVE 1.2112.00 ~13.00 ;' ;1~i~p.~;!}P 10,1 SIERHA WAY 2ND AVE WEST END , 0:17.00 . 33.00 ','Ie; ,"""''',I'~, ,...' ,-'.' ':"~' < . - i,:'i~,;',\,'~\l;tA1~;1 '; 9~ J ,09 105 SAN MIGUEL DR SIERRA WAY 2ND AVE 607.00 :.l:1.O0 W!ii~j,Q!M,'~~';?Q:J'iQQ i .. 105 DEL MAR AVE . SAN MIGUEL DR NORTH END '12.00 33,00 ':';,:nxr'::~{}::;~ ~':~ it!Iii'i~ " 107 SAN MIGUEL CT 2ND AVE EAST END 1111,00 30.00 4.656.00 !~ij'rI1{~@t$.o';,fP"ij':9:9' ~ i!X;!;'i!N;BM~'Q;;~~{i:'no 10D FAIH.WAY CT SIERI1A WAY NOHTII END U:!:D.OO :!3,OO 100 PWC CORP YARD ACCESS GATE WEST END :~ff;E~j~i On;~Qq:{jQ ::1~ ~~~!~'j,~'~~1'~~l~. ....-.-..,,,-',~,..-",.'",.~~ !~t""'-'!;I'J'.'-"-T'~ :~!i{~~l~$T!MA.Tf,[bTP.l'A~lQJm.Oln biJl~~;J,n73,n71 TYPE III SLUHRV APPLICATION AND LEVELING COURSE LANE AVE BOSWELL RO OT A Y LAKES Ro 2,020.00 61.00 r;M:~4~~1'~~!~1rQmQ 0.161.00 , 2t3./lU " VISTA WAY I( 81' SAN MIGUEL OF< 37U.00 35.00 :m):jll'~131~1i(~:~Il0\'tYQ D'17.511 .' 3,lH I( 5T VISTA WAY '1ST AVE 1,000.00 35.00 l@t;M~'fu~~~HioQtQ9.' 1,7.:l0_00 6.20 SAN MIGUEL OR COUNTRY CLUB Oil HILL TOP DI~ 1,05000 :l!iOO II 1.1J:17.oU ; iI.51 SIERHA WAY COUNTRY CLUB DR HILL TOP DR 78000 35.00 UU2.50 6,IB PALOMAR OR COUNTRY CLUB DR HilLTOP DR 7:l0 00 3500 () 1,312.5l1 6.1:) COUNTHY CLUB Df{ LST j{ 8T 1,55'141 3500 2,720.22 12.75 &\kr ' :llti"{:S'I'lIV'ATRPLtO.TA~:TIYP,I;J[l:h _. l, I ., 5 ESTIMATED TOTAL LEVEL counSE 7~..12 - - ~ - - . . '-'-f ,~;-..., M;\Gelloral Servlcos\()csl01l\STlJ'lOC REAS COf\lmcl\STL':140C REAS L.ocalloll L.Isl.>ds RESOLUTION NO. 2008- RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRi\CT FOR THE "REAS SLURRY SEAL PAVEMENT REHABILITATION PROGRA.lY[ FISCAL YEAR 2006/2007 (STL-340C)" PROJECT TO PAVEMENT COATINGS CO. IN THE AMOUNT OF $1,559,200.00 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT WHEREAS, on May 14, 2008, sealed bids were received for the "REAS Slurry Seal Pavement Rehabilitation Program Fiscal Year 2006/2007 (STL-340C)" project; and WHEREAS, the work consists of the removal and replacement of damaged asphalt concrete pavement and the application of Rubberized Emulsion Aggregate Slurry (REAS) at various locations in the City of Chula Vista, California; and WHEREAS, the work for this project also includes sub grade preparation, stnpmg, pavement markings, traffic control, and other miscellaneous work, and all labor, material, equipment, and transportation necessary for the project; and WHEREAS, the City received 2 bids as follows: CONTRACTOR BID AMOUNT 1. Pavement Coatings, Co. of Cypress, California $1,559,20000 2. American Asphalt South, Inc. of Fontana, California $1,714,870.00 WHEREAS, the low bid submitted by Pavement Coatings, Co. of Cypress, California is above the Engineer's estimate of $1,374,635.00 by $184,565.00 (13.43% above Engineers estimate). Staff has verified the references provided by the contractor and their work has been satisfactory; and WHEREAS, Citv Council authorizes the Director of Public Works Operations' authority to approve change orders as necessary up to the total funding available. NOW, THEREFORE, BE IT RESOLVED that the City Calmcil of the City of Chula Vista accept bids and award contract for the "REAS Slurry Seal Pavement Rehabilitation Program Fiscal Year 2006/2007 (STL-340C)" project to Pavement Coatings Co. in the amount of $1,559,200.00 and authorizing the expenditure of all available funds in the project. Presented by Approved as to form by Richard Hopkins Director of Engineering -~~ \~{~,~\\ Bart C. Miesfeld Interim City Attorney 7-10 CITY COUNCIL AGENDA STATEMENT ::~}V~ CllY OF r ,0; ""CHULA VISTA 07/08/2008, Item-.f!L ITEM TITLE: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTIONS 8.25020, 8.25.070 lu'ID 825095 OF THE CHULA VISTA MUNICIPAL CODE DIRECTOR OF PUBLIC WORKS f2Mfw CITY MANAGER iVf{\v ASSIST ANT CITY 4;GEk =:sr 4/5THS VOTE: YES 0 NO It] SUBMITTED BY: REVIEWED BY: SUMMARY In March 2008, Council approved the amendments to Chula Vista Municipal Code 8.25 _ "Recycling" which incorporated language for a Construction and Demolition Debris (C & D) Recycling Program. The C & D program requires a written Waste Management Plan and a Performance Deposit to ensure that the Waste Management Plan is fully implemented. The Performance Deposit is payable with cash, check or money order only. This ordinance amendment adds surety bonds and letters of credit as an acceptable form of payment for the Performance Deposit. ENVIRONMENT ALRtVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section l5060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDA nON Council adopt the ordinance. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The Construction and Demolition Debris Recycling Program, that was adopted by Council in March of 2008 requires that applicants for construction and demolition permits, meeting specific 8-1 3/6/07, Item \3 Page 2 of2 criteria are required to have a Waste Management Plan for diverting their debris from disposal. A Performance Deposit equal to 3% of the project value is required. Upon completion of the . project, the applicant reports the materials reused, recycled or disposed, demonstrating that they have met the waste diversion goals 90% of inerts (rock, dirt, concrete, asphalt, bricks, etc) and 50% of all other debris. The Performance Deposit will be refunded in full, as long as all the goals have been met. If only a portion of the goals is met, the deposit will be proportionally refunded. The current ordinance language requires that Performance Deposits be paid by cash, check or money order. The deposit is intended to ensure that construction and demolition materials get diverted for recycling and reuse, not disposal. However, local contractors were concerned with committing their cash to the deposit when they would need it for completing the project. Staff is recommending amending CYMC 8.25.095 "Recycling - Construction and Demolition Debris Recycling" to include surety bonds and letters of credit as an additional form of Performance Deposit payment. AIl sureties will be in a form prescribed by the City, insurers must be authorized in the State of California, and satisfy all State requirements. If the surety or bond is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of California, the applicant will substitute another bond or surety, acceptable to the City, within seven (7) days of that date. Sureties or bonds will not be accepted for performance deposits of less than $10,000. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section l8704.2(a)(l) is not applicable to this decision. FISCAL IMP ACT Adopting this ordinance has no impact on the General Fund. Prepared by: Lynn France, Environmental Services Program Manager, Public Works Depar/men! 8-2 ORDINANCE NO. Ai'! ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTIONS 8.25.020, 8.25.070 AND 8.25.095 OF THE CHULA VISTA MUNICIPAL CODE The City Council of the City of Chula Vista does ordain as follows: SECTION 1. That Sections 8.25.020, 8.25.070 and 8.25.095 of the Chula Vista Municipal Code are hereby amended to read as follows: 8.25.020 Definitions. For purposes of this chapter, and other municipal code provIsIons referring hereto, the following words shall have the meanings ascribed thereto, unless the context in which they are used clearly indicates another meaning: AI. "Aluminum" means recoverable materials 'made from aluminum, such as used aluminum food or beverage containers, aluminum foil, siding, screening, and other items manufactured from aluminum. A2. "Applicant" means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the City for the applicable permits to undertake any construction, demolition, or renovation project within the City of Chula Vista. B. "Bin" shall mean those plastic or metal containers of one cubic yard (202 gallons) to eight cubic yards that have plastic lids on the top (unless metal lids are designated by the City Manager). Bins are used for weekly or more frequent collection of waste, yard waste or designated recyclables by the City or its franchise agent. C. "Bulky waste" means discarded items whose large size or shape precludes or complicates their handling by standard residential or commercial solid waste, recycling and green waste collection methods. Bulky items include white goods, furniture, large auto parts, trees, stumps, carpet and other potentially oversize wastes. Bulky waste does not include hazardous or infectious waste unless specifically exempt, such as freon- containing refrigerators. D. "Buy-back center" means a facility licensed and permitted by the Department of Conservation and/or local jurisdiction which pays a fee for the delivery and transfer of ownership to the facility of source-separated materials for the purpose of recycling or compo sting. E. "Cardboard" means post-consumer waste paper grade corrugated cardboard (grade No. 11), kraft (brown) paper bags, or solid fiber boxes which have served their packaging purposes and are discarded and can later be reclaimed for collection and recovery for recycling. J:\Attomey\ELlSA\QRDINA..'KES\CortStruclion Demolition Ordinan<:e\CVMC 8.25 -a6~.f38 (redline),doc Ordinance No. Page 2 F. "Carts" shall mean those plastic containers with a capacity of less than 202 gallons (one cubic yard). Carts shall have a fixed lid and are designed for automated and/or semi-automated collection of solid waste, yard waste and/or designated recyclables by the City or its franchise agent. G. "City" shall mean the City of Chula Vista, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form. H. "Collection" means the act of removing and conveying nonhazardous and noninfectious solid waste, commingled or source- separated materials, from residential, commercial, industrial, or institutional (governmental) generators to a facility for processing, compo sting, transfer, disposal or transformation. I. "Commercial" means a site and/or business zoned or permitted for any use other than residential including, but not limited to, commercial, light industrial, industrial and agricultural. Commercial generators that generate three or more cubic yards of waste per week are serviced by a bin or compactor collection vehicle. 1. "Commercial recyclables" means designated recyclable materials from the two commercial subcategories of "office" and "hospitality." Materials include, but are not limited to: office paper, cardboard, newspaper, and aluminum from offices; and cardboard, glass bottles and jars, plastic bottles, aluminum, tin and bi-metal cans, and white goods from hospitality establishments. K. "Compactor containers" means those fully enclosed metal containers of two to 40 cubic yards provided by the City's hauler or customer. Compactors typically serve very large quantity generators. L. "Compost" means the product resulting from the controlled biological decomposition of organic wastes that are source-separated from the municipal solid waste stream. M. "Composting" shall mean the controlled and monitored process of converting organic wastes into compost. NI. "Construction" means the building of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure. N2. "Construction and demolition waste" means used or discarded materials removed from the premises during demolition, dredging, grubbing, and building, resulting from construction, remodeling, repair, and/or demolition activities on housing, commercial, governmental buildings, and other structures and pavement. 01. "Contract or franchise agent(s)" means any person or private or public entity designated by the City Council, pursuant to Article XII of the City Charter and Chapter 8.23 CVMC, as being responsible for administering the collection, processing and/or disposal of solid waste or designated recyclables. 02. "Conversion rate" means the rate set forth in the standardized conversion rate table approved by the City pursuant to this chapter for use 8-4 Ordinance No. Page 3 in estimating the volume or weight of materials identifIed in a waste management report. 03. "Covered project" shall have the meanmg set forth in CYMC 8.25.095. 04. "Demolition" means the decimating, deconstructing, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior. 05. "Divert" means to use material for any purpose other than disposal in a landfill or transformation facility. 06. "Diversion requirement" means the diversion of 90 percent of inert waste and not less than 50 percent of the remaining waste generated via reuse or recycling, unless a partial or full diversion exemption has been granted pursuant to CYMC 8.25.095, in which case the diversion requirement shall be the maximum feasible diversion rate established by the Waste Management Report Compliance Official for the project. P. "Recycling box" shall mean those containers with a capacity of 18 gallons to 32 gallons which are supplied by the City or its franchise agent for manual collection of designated recyclables at special events. Q. "Curbside collection" means the service of removing and conveying nonhazardous and noninfectious solid waste, source-separated recyclables and/or green waste from the public thoroughfare at the curb or alley. (The City shall make the final determination regarding eligibility for curbside collection, which shall generally apply to small quantity generators.) R 1. "Designated containers" Ccontainers") shall mean those containers designated by the City Manager for temporary storage and collection of waste or designated recyclables including but not limited to curbside bins, carts, bins, roll-off boxes, and/or compactor containers. R2. "Designated recyclables" means those materials designated by the City Manager for recovery or reuse. Any material having an economic value on the secondary materials market or that is otherwise salvageable shall be included and/or other materials that have been separated from other small quantity or large quantity generators for the purposes of being recycled for resale and/or reuse, and placed at a designated recycling or waste collection or storage location or in a designated recycling or waste container for the purpose of collection and processing, or any such designated recyclable materials collected under a mixed waste processing program. The list includes, but is not limited to: newspaper (ONP), mixed paper (MP), corrugated cardboard (OCC), steel, tin and bi-metal cans, metal coat hangers, aluminum containers, white goods, glass food and beverage containers, No. 1 and No. 2 plastic containers, all California redemption containers, used oil, used oil filters, yard waste, clean lumber, concrete and asphalt. S. "Designated solid waste and recycling collection or storage location" means a place designated by the City Manager for storage and/or collection of waste, green waste and/or recyclables pursuant to CYMC 8-5 Ordinance No. Page 4 8.24.100. Designated locations include, but are not limited to, the curb, alley, waste/recycling enclosure, a loading dock, or basement of a commercial enterprise or multifamily complex where waste and recyclables are placed for collection or temporary storage prior to collection by the City's franchise agent. T. "franchised recyclables" means any residential, commercial or industrial recyclables, as defined herein, to be collected by the City's contract agent or franchisee, placed in designated recycling containers or at designated recycling collection or storage location(s). U. "Garbage" means all nonhazardous, noninfectious organic waste including: kitchen and table waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking, or handling of food stuffs, except organic wastes separated therefrom and used in composting in accordance with CVMC 8.25.090. V. "Generator" means every owner, tenant, occupant or person owning or having the care and control of any premises in the City including the temporary use of parks, open space or a public thoroughfare. W. "Glass bottles and jars" means food and beverage containers made from silica or sand, soda ash, and limestone, the product being transparent or translucent and being used for packaging or bottling, including container glass' designated redeemable under the California Beverage Container Recycling and Litter Reduction Law, Division 12.1 (commencing with Section 14500) of the California Public Resources Code, as well as glass jars and bottles without redeemable value ("scrap"), but excluding household, kitchen, and other sources of noncontainer glass such as drinking glasses, ceramics, light bulbs, window pane glass, and similar glass products that are not bottles or jars. X. "Grantee" shall mean the City's franchise agent(s). Y. "Green wastes" means the leaves, grass, weeds, shrubs, tree branches; tree trunk and other wood materials from trees. Green waste may also include preconsumer food waste, incidental amounts of waxed or plastic-coated cardboard and mixed paper, and unpainted and untreated lumber. Green waste does not include tree stumps in excess of 35 pounds, more than incidental dirt or rock, plastic, glass, metal, painted or treated lumber, plywood, particle board, or other manufactured products that contain glue, formaldehyde, nonorganic or nonbiodegradable materials. Z. "Green waste processing" means the accumulation and storage of' green waste in a manner that leads to the intentional or unintentional thermophilic decomposition of green waste. The acceptance of payment for green waste and the accumulation of more than 15 yards or three tons per year of unprocessed, shredded, ground or composted material shall constitute green waste processing and is subject to the City, County and State requirements regulating compost and/or solid waste facilities. Residential, commercial and agricultural sites that generate, stockpile or process green waste material generated on-site and used on-site without sale of fmished or unfinished material, that are otherwise compliant with 8-6 Ordinance No. Page 5 all conditions of the municipal code for nuisance, may apply for an annual exemption. AA. "Hazardous or toxic waste" means any waste material or mixture of wastes which is toxic, corrosive, flammable, explosive, an irritant, a strong sensitizer, and which generates pressure through decomposition, heat or other means, if such a waste or mixture of wastes may cause substantial personal injury, serious illness or harm to humans, domestic animals, or wildlife, during, or as an approximate result of, any disposal of such wastes or mixtures of wastes as defined in Section 25117 of the California Health and Safety Code, which is not legally disposable at a C lass III landfill. BB. "Hospitality" means any establishment that offers dining services, food or beverage sales. This includes taverns, bars, cafeterias, and restaurants, as well as motels and hotels (temporary housing of less than one month duration), hospitals, schools, colleges, and other such establishments that have dining services, or a restaurant or bar, on their premIses. cc. "Industrial. recyclables" means recyclables from industrial, construction, and demolition operations, including, but not limited to, asphalt, concrete, dirt, land-clearing brush,.sand and rock. DO. "Industrial solid waste" means solid waste originating from mechanized manufacturing facilities, factories, refineries, construction and demolition projects, and/or publicly operated treatment works, excluding recyclables and compostables, if properly handled and treated, and excluding hazardous.or toxic waste. EE. "Inert waste" means materials such as concrete, soil, asphalt, ceramics, earthen cooking ware, automotive safety glass, and mirrors. FF. "Improper disposal" means the discarding of any item or items upon public or pri vate premises that were not generated on the premises as a part of its authorized use, unless written consent of the property owner is first obtained. QQ. "Improper disposal site" means any premises that have intentionally or unintentionally accumulated solid waste or recyclables and/or charged a fee for accepting material without a solid waste or composting permit from the county local enforcement agency. This does not include businesses licensed and permitted in the City to purchase source-separated recyclables. HH. "Incidental waste" means less than one pound of waste deposited in a public litter bin or designated waste container to prevent litter, such as waste from a fast food meal deposited in a designated waste container or public litter bin by a pedestrian or vehicle operator. II. "Industrial generator" means any property or generator that is engaged in the manufacture of products including but not limited to construction and demolition. Industrial generators are typically serviced by roll-off box containers of 10-yard to 40-yard capacities and typically 8-7 Ordinance No. Page 6 generate inert materials such as asphalt, concrete, building debris and some wood and dry green waste. JJ. "Industrial" means any form of mechanized manufacturing facilities, factories, refineries, and construction and demolition operations, excluding hazardous waste operations. KK "Institutional" shall mean any premises owned and/or occupied by local, State and federal agencies, typically office or education facilities with a common waste stream. LL. "Integrated solid waste management" means a planned program for effectively controlling the storage, collection, transportation, processing and reuse, conversion, or disposal of solid waste, recyclables and/or compostables in a safe, sanitary, aesthetically acceptable, environmentally sound and economical manner. It includes all administrative, financial, environmental, legal and planning functions as well as the operational aspects of solid waste handling, disposal, litter control and resource recovery systems necessary to achieve established objectives. MM. "Landfill" means a disposal system by which solid waste is deposited in a specially prepared area which provides for environmental monitoring and treatment pursuant to the California Code of Regulations, California Public Resources Code and the Federal Resource Conservation and Recovery Act. NN. "Large quantity generator" means those residential, commercial, industrial and institutional entities that generate more than 300 gallons of waste per week excluding source-separated recyclables diverted from disposal or transformation. 00. "Mixed waste processing" means a' system of recovering recyclables from the mixed waste stream through separation at a processing facility, transfer station, landfill, or other such facility, instead of separation at the primary waste generation source. PP. "Multifamily" means a structure or structures containing a total of four or more dwelling units in any vertical or horizontal arrangement on a single lot or building site. QQ. "Newspaper" means newsprint-grade paper including any inserts that come in the paper, and excluding soiled paper, all magazines and other periodicals, telephone books, as well as all other paper products of any nature. RRl. "Non-covered project" shall have the meaning set forth in CVMC 8.25.095. RR2. "Nuisance" means anything which is injurious to human health, or is indecent or offensive to the senses, and interferes with the comfortable enjoyment of life or property, and affects at the same time an entire community or neighborhood, or any number of persons, although the extent of annoyance or damage inflicted upon the individual may be unequal, and which occurs as a result of the storage, removal, transport, 8-8 Ordinance No. Page 7 processmg, or disposal of solid waste, compost, and/or designated recyclables. 55. "Office" or "offices" for purposes of this chapter shall mean any office, combination of offices, or connected building or office space regardless of office affiliation, ownership, or occupancy. This includes, but is not limited to, businesses used for retail, wholesale, professional services, legal services, financial services (to include banks), medical services, shipping and receiving areas, churches, schools, colleges, and libraries. TT. "Office paper" means waste paper grades of white and colored ledgers and computer paper. Examples include forms, copy paper, stationery, and other papers that are generally associated with desk and employee work area activity, and any additional materials to be added by ordinance. UUI. "Performance deposit" means cash, money order, ef-check, letter of credit. or suretv bond in the amount set forth in section 8.25.095.B.3submitted to the City. UU2. "Plastic bottle" means a plastic container with narrow neck or mouth opening smaller than the diameter of the container body, used for containing milk, juice, soft drinks, water, detergent, shampoo or other such substances intended for household or hospitality use; to be distinguished from nonbottle containers (e.g., deli or margarine tub containers) and from nonhousehold plastic bottles such as those for containing motor oil, solvents, and other nonhousehold substances. VV. "Pollution" means the condition caused by the presence in or on a body of water, soil, or air of any solid waste or substance derived therefrom in such quantity, or such nature and duration, or under such condition, that the quality, appearance, or usefulness of the water, soil, land, or air is significantly degraded or adversely altered. WWI. "Processing" means the reduction, separation, recovery, conversion, or recycling of any component(s) of solid waste. WW2. "Project" means any activity which requires an application for a construction or demolition permit, or any similar permit from the City of Chula Vista. XX. "Putrescible wastes" means the waste in organic material with the potential decomposition capacity to emit noticeable quantities of odor and gas by-products. Material in this catcgory includes, but is not limited to, kitchen waste, dead animals, food from containers, etc., except organic wastes separated therefrom and used in composting. YY. "Recyclables" means any materials that are recyclable, reclaimable, and/or reusable within the following generating categories: small quantity generator and large quantity generator. Any material having an economic value on the secondary materials market or that is otherwise salvageable shall be included and/or other materials that have been separated from other small or large quantity generators for the purposes of being recycled for resale and/or reuse, and placed at a designated recycling 8-9 Ordinance No. Page 8 or waste collection or storage location or in a designated recycling or waste container for the purpose of collection and processing, or any such designated recyclable materials collected under a mixed waste processing program. ZZ. "Recycling" shall mean any process by which materials which would otherwise be discarded, deposited in a landfill or transformation facility and become solid waste are collected (source-separated, commingled, or as "mixed waste"), separated and/or processed, and returned to the economic mainstream in the form of raw materials or products or materials which are otherwise salvaged or recovered for reuse. AAA. "Refuse" means garbage and rubbish. BBB. "Removal" means the act of taking solid wastes or designated recyclables from the place of generation either by the contract or franchise agent(s), or by a person in control of the premises. CCCI. "Removal frequency" means frequency of removal of solid wastes or recyclables from the place of generation. CCC2. "Renovation" means any change, addition, or modification in an existing structure. DDD. "Residential," for purposes of this chapter, means any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, including single- and multiple- family dwellings, apartment-hotels, boarding and lodging houses. "Residential" does not include short-term residential uses, such as motels, tourist cabins, or hostels which are regulated as hospitality establishments. EEEI. "Residential recyclables" means those specific recyclable materials from residential solid waste (single-family and multifamily) including, but not limited to, aluminum, glass bottles and jars, newspaper, plastic bottles, tin and bi-metal cans, white goods, and yard waste. EEE2. "Reuse" means further or repeated use. FFF. "Roll-off service" means service provided for the collection, removal and disposal of industrial waste such as construction, demolition and other primarily inert nonputrescible wastes and green wastes. Roll-off service is usually provided using metal containers of 10 to 40 cubic yards that are open on the top with doors on one end. GGG. "Rubbish" means nonputrescible solid wastes such as ashes, paper, glass, bedding, crockery, plastics, rubber by-products or litter. Such materials that are designated as recyclable or compost may be exempt from categorizing as rubbish; provided, such materials are handled, processed and maintained in a properl y regulated manner. HHH. "Salvaging or salvageable" means the controlled and/or authorized storage and removal of solid waste, designated recyclables or recoverable materials. III. "Scavenging". means the uncontrolled and/or unauthorized removal of solid waste, designated recyclables or recoverable materials. Such activity is unlawful and is a misdemeanor punishable by up to six months in jail and $1,000 in civil penalties under CVMC 8.24.200 and 8-10 Ordinance No. Page 9 8.25.080 and Chapter 9, Section 41950 of the California Integrated Waste Management Act of 1989. lJJ. "10 segregate waste material" means any of the following: the placement of designated recyclables in separate containers; the binding or bagging of designated recyclables separately from other waste material and placing in a separate container from refuse, or the same container as refuse; and the physical separation of designated recyclables from other waste material (either at the generating source, solid waste transfer station, or processing facility). KKK. "Small quantity generator" means those residential, commercial, industrial and institutional entities that generate less than 300 gallons of waste per week excluding source-separated recyclables diverted from disposal or transformation. LLL. "Solid waste" means all putrescible and nonputrescible solid, semisolid and liquid wastes, such as refuse, garbage, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes, and includes liquid wastes disposed of in conjunction with solid wastes at solid waste transfer/processing stations or disposal sites, which are generated by residential, commercial or industrial sites within the City. Solid waste shall not inClude: hazardous and infectious waste, sewage collected and treated in a municipal or regional sewage system or materials or substances having commercial value or other importance which can be sal vaged for reuse, recycling, composting or resale. MMM. "State" shall mean the State of California. NNN. "Storage" means the interim containment of solid wastes, yard wastes, or recyclables in an approved manner after generation and prior to disposal, collection or processing. ("Interim" means for one week or less; roll-off containers may store nonputrescible waste for up to 30 days.) 000. "Streets and byways" shall mean the public streets, ways, alleys and places as the 'same now or may hereafter exist within said city, including State highways now or hereafter established within said city. PPPl. "Tin and bi-metal cans" means any steel food and beverage containers with a tin or aluminum plating. PPP2. "Total project costs" means the total value of a project as calculated using Chula Vista's standard valuation multipliers. QQQ. 'Transfer or processing station" means tho'se facilities utilized to receive solid wastes and to temporarily store, separate, conv'ert, or otherwise process the solid waste and/or recyclables.' RRRl. "Unit" means an individual residence contained in a residential multifamily complex. RRR2. "Waste management report (W1vlR)" means a WMR form, approved by the City Manager or designee, for the purpose of compliance with this chapter. 8-11 Ordinance No. Page 10 RRRJ. "Waste Management Report Compliance Official" means the designated staff person(s) authorized by the City Manager and responsible for implementing the construction and demolition debris recycling program. SSS. "White goods" means kitchen or other large enameled appliances which include, but are not limited to, refrigerators, washers, and dryers. TTT. "Wood waste" means lumber and wood products but excludes tree stumps in excess of 35 pounds, more than incidental dirt or rock, plastic, glass, metal, painted or treated wood, plywood, particle board or other manufactured products that contain glue, formaldehyde, nonorganic or nonbiodegradable materials. UUU. "Vector" means any nuisance such as odor, unsightliness, sound, or a carrier, usually insects or rodents, that is capable of transmitting a disease. VVV. "Yard waste" means the leaves, grass, weeds, and wood materials from trees and shrubs from the single-family and multifamily residential sources of the City's green waste (to include landscape haulings from residential sources). Acceptable materials for collection include all yard waste as herein defined, excluding treated or processed wood or lumber, bulky waste or any other materials as shall be determined by the City as to not be salvageable. All acceptable yard waste shall be void of nails, wire, rocks, dirt or any other material that is not considered yard waste. 8.25.070 Reports. A. All commercial and industrial establishments shall submit recycling tonnage documentation on an annual basis to the City's conservation coordinator, due on or before January 31st, for the previous year. Annual reporting shall be on the form promulgated by the City Manager, and commence on the. first anniversary of the date set forth in the mandatory recycling implementation schedule as established in this chapter as July 1, 1993. Voluntary reporting prior to the required mandatory recycling is encouraged. B. Effecti-:o hl)" 1, 2008, aAll applicants for a construction or demolition permit for a covered project must submit a waste management report (WMR) to the Waste Management Report Compliance Official for approval, prior"to permit issuance, per CVMC 8.25.095. 8.25.095 Construction and demolition debris recycling. A. Projects. 1. Covered Projects. The following project categories are covered projects and must comply with this section: a. Any project requiring a permit for demolition or construction, with a project valuation of $20,000 or more, unless defined as a non-covered project in subsection (A)(3) of this section. 8-12 Ordinance No. Page 11 b. Any sequenced developments, such as housing subdivision construction or subdivision demolition must be considered as a "project" in its entirety for purposes of this section, and not as a series of individual projects. 2. City-Sponsored Projects. All City construction and demolition projects shall be considered "covered projects" and shall submit a waste management report to the City Manager or designee prior to issuance of any construction or demolition permits. 3. Non-Covered Projects. A performance deposit and waste management report shall not be required for the following: a. Work for which a construction or demolition permit is not required. b. Roofing projects that do not include tear-off of existing roof. c. Work for which only a plumbing, only an electrical, or only a mechanical permit is required. d. Seismic tie-down projects. e. Projects less than 10,000 square feet, where no structural building modifications are required. f. Emergency required to protect public health and safety. g. Individual single-family home renovations that are not part of a larger project. While not required, it shall be encouraged that at least 50 percent of all project-related construction, renovation and demolition waste from non-covered projects be diverted. B. Submission of Waste Management Report. 1. Construction and Demolition Waste Management Report Forms. Applicants for any covered project shall complete and submit a construction and demolition waste management report on a waste management report form (WMR) approved by the City for this purpose. The WMR shall be submitted for review and approval prior to issuance of a construction or demolition permit. The completed WMR shall indicate all of the following: a. The type of project; b. The total square footage of the project; c. The estimated volume or weight of construction and demolition debris, by material type, to be generated; d. The maximum volume or weight of construction and demolition debris that will be recycled or diverted from the landfill; e. The maximum volume or weight of construction and demolition debris that will be disposed of in a landfill; and f. The vendors or facilities that the applicant proposes to u.se to collect, process or receive the construction and demolition debris. In estimating the volume or weight of materials identified in the WMR, the applicant shall use the standardized conversion rates established and approved by the City for this purpose. 8-13 Ordinance No. Page 12 2. Initial Application. Notwithstanding any other provision of this code, no construction or demolition permit maybe issued until the initial construction and demolition waste management report has been approved by the WMR Compliance Official. The WMR Compliance Official will respond to the applicant's WMR submittal within 10 business days with an approval, denial or request for clarification. If the WMR Compliance Official does not respond within 10 business days, the applicant should notify the Official. After notification by the applicant, the Official will then have three business days to complete the review. If the review is not completed within three business days after the notification, the deposit requirement will be waived. 3. Amount of SecurityPerformance deposit. The applicant for any covered project shall submit to the Citv a performance deposit. The amount of the performance deposit shall be calculated as the lesser of three percent of the total project cost or $30,000. /.cceptable form:; of payment incbde cash, monoy orders, and checks.Allletters of credit must be issued bv a financial institution acceptable to the Citv and on a form prescribed bv the Citv and approved bv the Citv Attornev. All bonds shall be in the form prescribed by the Citv and by such sureties which are admitted insurers in the State of California. are subiect to regulation by the Department of Insurance. and which satisfy all State requirements. The City shall not accept a surety bond for less than $10.000. The WMR Compliance Official shall waiye the performance deposit if the total deposit required pursuant to this section would be $50.00 or less. Performance Security deposit funds in the form of cash. money order. or check will be placed in a secured account, subject to interest., AllilThe performance deposit shall be returned to the applicant upon acceptance of proof of compliance in full, or if partial compliance, on a prorated basis dependent on the degree of compliance. All interest earned will be the property of the City and used for waste reduction and recycling activities. 4. Documentation. Within 30 days after demolition is completed (if a demolition permit only) or 30 days after the issuance of a certificate of occupancy or at the time of issuing the last certificate of occupancy for units within a phased project of any covered project, the applicants shall.. submit to the WMR Compliance Official, documentation that it has met the diversion requirement for the project, unless applicant has been granted an exemption pursuant to subsection (C) of this section" The documentation shall include all of the following: a. . Receipts from the vendor or facility that received each material, showing the actual weight or volume of that material; b. A copy of the completed waste management report form, in its entirety; and c. Photographs and narrative documentation of the applicant's reuse activities. 8-14 Ordinance No. Page 13 5. Weighing of Wastes. Applicants shall make reasonable efforts to ensure that all construction, renovation and demolition waste diverted for reuse or disposed of is measured and recorded using the most accurate method of measurement available. To the extent practical, all construction, renovation and demolition waste shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For construction, renovation and demolition waste for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized rates established by the conversion rates table approved by the City for this purpose. Conversion rate tables will be included with the waste management report form. 6. Determination of Compliance and Release of Performance Deposit. The WMR Compliance Official shall review the information submitted under this section and determine whether the applicant has complied with the diversion requirement, as follows: a. Compliance. If the WMR Compliance Official determines that the applicant has fully complied with the diversion requirement applicable to the project, he or she shall cause the release of the performance deposit to the applicant within 30 days of the applicant's submission of the documentation required under this section. If the applicant has complied in part, a portion of the performance deposit will be withheld. The amount withheld will be proportional to the percentage of materials that are not recycled/diverted. b. Noncompliance. If the WMR Compliance Official determines that the applicant failed to submit the documentation within the required time period, then the performance deposit shall be forfeited to the City. All forfeited and/or unrecovered funds shall be used for waste reduction and recycling activities. C. Exemption. 1. Application. If an applicant for a covered project experiences unique circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time that he or she submits the WMR. The applicant shall indicate on the WMR the maximum rate of diversion he or she believes is feasible for each material and the specific circumstances that he or she believes makes it infeasible to comply with the diversion requirement. 2. Meeting with WMR Compliance Official. The WMR Compliance Official shall review the information supplied by the .' 0,;-. applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement. 3. Granting of Exemption. If the WMR Compliance Official determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, he or she shall determine the m~"",imum feasible diversion rate for each material and shall indicare rhis 8-15 Ordinance No. Page 14 rate on the WMR submitted by the applicant. The WMR Compliance Official shall return a copy of the WMR to the applicant marked "Approved with Exemption." The applicant shall then be responsible for diverting the revised rate noted by the WMR Compliance Official on the approved WMR, in compliance with the provisions of this section. 4. Denial of Exemption. If the WMR Compliance Official determines that it is possible for the applicant to meet the diversion requirement, he or she shall so inform the applicant in writing. The applicant shall resubmit a WMR form in full compliance with this section. If the applicant fails to resubmit the WMR, or if the resubmitted WMR does not comply with this section, the WMR Compliance Official shall deny the WMR. D. Appeal. Appeals of a determination made by the WMR Compliance Official under this section shall be made to the City Manager or designee. The appeal shall be in writing and filed with the City Clerk within 10 business days of issuance of the WMR Compliance Official's decision. The appeal shall be limited to the following issues: (1) the granting or denial of an exemption; and (2) the amount of security to be released. The decision of the City Manager or designee shall be final. SECTION II. EFFECTIVE DATE. This ordinance will take effect and be in force thirty days after final passage. Presented by Approved as to form by Jack Griffin Director of Public Works Bart C. Miesfeld Interim City Attorney 8-16 ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENTIING SECTIONS 8.25.020, 8.25.070 Ai"TI 8.25.095 OF THE CHULA VISTA MUNICIPAL CODE The City Council of the City ofChula Vista does ordain as follows: SECTION I. That Sections 8.25.020, 8.25.070 and 8.25.095 of the Chula Vista Municipal Code are hereby amended to read as follows: 8.25.020 Definitions. F or purposes of this chapter, and other municipal code provIsions referring hereto, the following words shall have the meanings ascribed thereto, unless the context in which they are used clearly indicates another meanmg: AI. "Aluminum" means recoverable materials made from aluminum, such as used aluminum food or beverage containers, aluminum foil, siding, screening, and other items manufactured from aluminum. A2. "Applicant" means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the City for the applicable permits to undertake any construction, demolition, or renovation project within the City ofChula Vista. B. "Bin" shall mean those plastic or metal containers of one cubic yard (202 gallons) to eight cubic yards that have plastic lids on the top (unless metal lids are designated by the City Manager). Bins are used for weekly or more frequent collection of waste, yard waste or designated recyclables by the City or its franchise agent. C. "Bulky waste" means discarded items whose large size or shape precludes or complicates their handling by standard residential or commercial solid waste, recycling and green waste collection methods. Bulky items include white goods, furniture, large auto parts, trees, stumps, carpet and other potentially oversize wastes. Bulky waste does not include hazardous or infectious waste unless specifically exempt, such as freon- containing refrigerators. D. "Buy-back center" means a facility licensed and permitted by the Department of Conservation and/or local jurisdiction which pays a fee for the delivery and transfer of ownership to the facility of source-separated materials for the purpose of recycling or composting. E. "Cardboard" means post-consumer waste paper grade corrugated cardboard (grade No. II), kraft (brown) paper bags, or solid fiber boxes which have served their packaging purposes and are discarded and can later be reclaimed for collection and recovery for recycling. J :\AUomeyIELlSA10RDlNANCES'COIlSlruCI;on Demolilion Orci"nnce'.CVMC 8.1t~2toyclenn ee).doc Ordinance No. Page 2 F. "Carts" shall mean those plastic containers with a capacity of less than 202 gallons (one cubic yard). Carts shall have a fixed lid and are designed for automated and/or semi-automated collection of solid waste - , yard waste and/or designated recyclables by the City or its franchise agent. G. "City" shall mean the City ofChula Vista, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form. H. "Collection" means the act of removing and conveying nonhazardous and noninfectious solid waste, commingled or source- separated materials, from residential, commercial, industrial, or institutional (governmental) generators to a facility for processing, composting, transfer, disposal or transformation. 1. "Commercial" means a site and/or business zoned or permitted for any use other than residential including, but not limited to, commercial, light industrial, industrial and agricultural. Commercial generators that generate three or more cubic yards of waste per week are serviced by a bin or compactor collection vehicle. 1. "Commercial recyclables" means designated recyclable materials from the two commercial subcategories of "office" and "hospitality." Materials include, but are not limIted to: office paper, cardboard, newspaper, and aluminum from offices; and cardboard, glass bottles and jars, plastic bottles, aluminum, tin and bi-metal cans, and white goods from hospitality establishments. K. "Compactor containers" means those fully enclosed metal containers of two to 40 cubic yards provided by the City's hauler or customer. Compactors typically serve very large quantity generators. L. "Compost" means the product resulting from the controlled biological decomposition of organic wastes that are source-separated from the municipal solid waste stream. M. "Compo sting" shall mean the controlled and monitored process of converting organic wastes into compost. N I. "Construction" means the building of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure. N2. "Construction and demolition waste" means used or discarded materials removed from the premises during demolition, dredging, grubbing, and building, resulting from construction, remodeling, repair, and/or demolition activities on housing, commercial, governmental buildings, and other structures and pavement. OJ. "Contract or franchise agent(s)" means any person or private or public entity designated by the City Council, pursuant to Article XII ofthe City Charter and Chapter 8.23 CVMC, as being responsible for administering the collection, processing and/or disposal of solid waste or designated recyclables. 8-18 Ordinance No. Page 3 02. "Conversion rate" means the rate set forth in the standardized conversion rate table approved by the City pursuant to this chapter for use in estimating the volume or weight of materials identified in a waste management report. 03. "Covered project" shall have the meaning set forth in CYMC 8.25.095. 04. "Demolition" means the decimating, deconstructing, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior. 05. "Divert" means to use material for any purpose other than disposal in a landfill or transformation facility. 06. "Diversion requirement" means the diversion of 90 percent of inert waste and not less than 50 percent of the remaining waste generated via reuse or recycling, unless a partial or full diversion exemption has been granted pursuant to CYMC 8.25.095, in which case the diversion requirement shall be the maximum feasible diversion rate established by the Waste Management Report Compliance Official for the project. P. "Recycling box" shall mean those containers with a capacity of 18 gallons to 32 gallons which are supplied by the City or its franchise agent for manual collection of designated recyclables at special events. Q. "Curbside collection" means the service of removing and conveying nonhazardous and noninfectious solid waste, source-separated recyclables and/or green waste from the public thoroughfare at the curb or alley. (The City shall make the final determination regarding eligibility for curbside collection, which shall generally apply to small quantity generators. ) R l. "Designated containers" ("containers") shall mean those containers designated .by the City Manager for temporary stcirage and collection of waste or designated recyclables including but not limited to curbside bins, carts, bins, roll-off boxes, and/or compactor containers. R2. "Designated recyclables" means those materials designated by the City Manager for recovery or reuse. Any material having an economic value on the secondary materials market or that is otherwise salvageable shall be included and/or other materials that have been separated from other small quantity or large quantity generators for the purposes of being recycled for resale and/or reuse, and placed at a designated recycling or waste collection or storage location or in a designated recycling or waste container for the purpose of collection and processing, or any such designated recyclable materials collected under a mixed waste processing program. The list includes, but is not limited to: newspaper (ONP), mixed paper (MP), corrugated cardboard (OCC), steel, tin and bi-metal cans, metal coat hangers, aluminum containers, white goods, glass food and beverage containers, No. I and No. 2 plastic containers, all California redemption containers, used oil, used oil filters, yard waste, clean lumber, concrete and asphalt. 8-19 Ordinance No. Page 4 S. "Designated solid waste and recycling collection or storage location" means a place designated by the City Manager for storage and/or collection of waste, green waste and/or recyclables pursuant to CyNIC 8.24.100. Designated locations include, but are not limited to, the curb, alley, waste/recycling enclosure, a loading dock, or basement of a commercial enterprise or multifamily complex where waste and recyclables are placed for collection or temporary storage prior to collection by the City's franchise agent. T. "Franchised recyclables" means any residential, commercial or industrial recyclables, as defined herein, to be collected by the City's contract agent or franchisee, placed in designated recycling containers or at designated recycling collection or storage location(s). U. "Garbage" means all nonhazardous, noninfectious organic waste including: kitchen and table waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking, or handling of food stuffs, except organic wastes separated therefrom and used in composting in accordance with CYMC 8.25.090. Y. "Generator" means every owner, tenant, occupant or person owning or having the care and control of any premises in the City including the temporary use of parks, open space or a public thoroughfare. W. "Glass bottles and jars" means food and beverage containers made from silica or sand, soda ash, and limestone, the product being transparent or translucent and being used for packaging or bottling, including container glass designated redeemable under the California Beverage Container Recycling and Litter Reduction Law, Division 12. I (commencing with Section 14500) of the California Public Resources Code, as well as glass jars and bottles without redeemable value ("scrap"), but excluding household, kitchen, and other sources of noncontainer glass such as drinking glasses, ceramics, light bulbs, window pane glass, and similar glass products that are not bottles or jars. X. "Grantee" shall mean the City's franchise agent(s). Y. "Green wastes" means the leaves, grass, weeds, shrubs, tree branches, tree trunk and other wood materials from trees. Green waste may also include preconsumer food waste, incidental amounts of waxed or plastic-coated cardboard and mixed paper, and unpainted and untreated lumber. Green waste does not include tree stumps in excess of 35 pounds, more than incidental dirt or rock, plastic, glass, metal, painted or treated lumber, plywood, particle board, or other manufactured products that contain glue, formaldehyde, nonorganic or nonbiodegradable materials. Z. "Green waste processing"lJleans the accumulation and storage of green waste in a manner that leads to the intentional or unintentional thermophilic decomposition of green waste. The acceptance of payment for green waste and the accumulation of more than 15 yards or three tons per year of unprocessed, shredded, ground or composted material shall constitute green waste processing and is subject to the City, County and State requirements regulating compost and/or solid waste facilities. 8-20 Ordinance No. Page 5 Residential, commercial and agricultural sites that generate, stockpile or process green waste material generated on-site and used on-site without sale of finished or unfinished material, that are otherwise compliant with all conditions of the municipal code for nuisance, may apply for an annual exemption. AA. "Hazardous or toxic waste" means any waste material or mixture of wastes which is toxic, corrosive, flammable, explosive, an irritant, a strong sensitizer, and which generates pressure through decomposition, heat or other means, if such a waste or mixture of wastes may cause substantial personal injury, serious illness or harm to humans, domestic animals, or wildlife, during, or as an approximate result of, any disposal of such wastes or mixtures of wastes as defined in Section 25117 of the California Health and Safety Code, which is not legally disposable at a Class III landfill. BB. "Hospitality" means any establishment that offers dining services, food or beverage sales. This includes taverns, bars, cafeterias, and restaurants, as well as motels and hotels (temporary housing of less than one month duration), hospitals, schools, colleges, and other such establishments that have dining services, or a restaurant or bar, on their premIses. Cc. "Industrial recyclables" means recyclables from industrial, construction, and demolition operations, including, but not limited to, asphalt, concrete, dirt, land-clearing brush, sand and rock. DD. "Industrial solid waste" means solid waste originating from mechanized manufacturing facilities, factories, refineries, construction and demolition projects, and/or publicly operated treatment works, excluding recyclables and compostables, if properly handled and treated, and excluding hazardous or toxic waste. EE. "Inert waste" means materials such as concrete, soil, asphalt, ceramics, earthen cooking ware, automotive safety glass, and mirrors. FF. "Improper disposal" means the discarding of any item or items upon public or private premises that were not generated on the premises as a part of its authorized use, unless written consent of the property owner is first obtained. GG. "Improper disposal site" means any premises that have intentionally or unintentionally accumulated solid waste or recyclables and/or charged a fee for accepting material without a solid waste or composting permit from the county local enforcement agency. This does not include businesses licensed and permitted in the City to purchase source-separated recyclables. HH. "Incidental waste" means less than one pound of waste deposited in a public litter bin or designated waste container to prevent litter, such as waste from a fast food meal deposited in a designated waste container or public litter bin by a pedestrian or vehicle operator. 8-21 Ordinance No. Page 6 II. "Industrial generator" means any property or generator that is engaged in the manufacture of products including but not limited to construction and demolition. Industrial generators are typically serviced by roll-off box containers of 10-yard to 40-yard capacities and typically generate inert materials such as asphalt, concrete, building debris and some wood and dry green waste. JJ. "Industrial" means any form of mechanized manufacturing facilities, factories, refineries, and construction. and demolition operations, excluding hazardous waste operations. KK. "Institutional" shall mean any premises owned and/or occupied by local, State and federal agencies, typically office or education facilities with a common waste stream. LL. "Integrated solid waste management" means a planned program for effectively controlling the storage, collection, transportation, processing and reuse, conversion, or disposal of solid waste, recyclables and/or compostables in a safe, sanitary, aesthetically acceptable, environmentally sound and economical manner. It. includes all administrative, financial, environmental, legal and planning functions as well as the operational aspects of solid waste handling, disposal, litter control and resource recovery systems necessary to achieve established objectives. MM. "Landfill" means a disposal system by which solid waste is deposited in a specially prepared area which provides for environmental monitoring and treatment pursuant to the California Code of Regulations, California Public Resources Code and the Federal Resource Conservation and Recovery Act. NN. "Large quantity generator" means those residential, commercial, industrial and institutional entities that generate more than 300 gallons of waste per week excluding source-separated recyclables diverted from disposal or transformation. 00. "Mixed waste processing" means a system of recovering recyclables from the mixed waste stream through separation at a processing facility, transfer station, landfill, or other such facility, instead of separation at the primary waste generation source. PP. "Multifamily" means a structure or structures containing a total of four or more dwelling units in any vertical or horizontal arrangement on a single lot or building site. QQ. "Newspaper" means newsprint-grade paper including any inserts that come in the paper, and excluding soiled paper, all magazines and other periodicals, telephone books, as well as all other paper products of any nature. RRI. "Non-covered project" shall have the meaning set forth in CYMC 8.25.095. RR2. "Nuisance" means anything which is injurious to human health, or is indecent or offensive to the senses, and interferes with the comfortable enjoyment of life or property, and affects at the same time an 8-22 Ordinance No. Page 7 entire community or neighborhood, or any number of persons, although the extent of annoyance or damage inflicted upon the individual may be unequal, and which occurs as a result of the storage, removal, transport, processing, or disposal of solid waste, compost, and/or designated recyclables. SS. "Office" or "offices" for purposes of this chapter shall mean any office, combination of offices, or connected building or office space regardless of office affiliation, ownership, or occupancy. This includes, but is not limited to, businesses used for retail, wholesale, professional services, legal services, financial services (to include banks), medical services, shipping and receiving areas, churches, schools, colleges, and libraries. TT. "Office paper" means waste paper grades of white and colored ledgers and computer paper. Examples include forms, copy paper, stationery, and other papers that are generally associated with desk and employee work area activity, and any additional materials to be added by ordinance. UUI. "Performance deposit" means cash, money order, check, letter of credit, or surety bond in the amount set forth in section 8.25.095.B.3. UU2. "Plastic bottle" means a plastic container with narrow neck or mouth opening smaller than the diameter of the container body, used for containing milk, juice, soft drinks, water, detergent, shampoo or other such substances intended for household or hospitality use; to be distinguished from nonbottle containers (e.g., deli or margarine tub containers) and from nonhousehold plastic bottles such as those for containing motor oil, solvents, and other nonhousehold substances. VV. "Pollution" means the condition caused by the presence in or on a body of water, soil, or air of any solid waste or substance derived therefrom in such quantity, or such nature and duration, or under such condition, that the quality, appearance, or usefulness of the water, soil, land, or air is significantly degraded or adversely altered. WWI. "Processing" means the reduction, separation, recovery, conversion, or recycling of any component(s) of solid waste. WW2. "Project" means any activity which requires an application for a construction or demolition permit, or any similar permit from the City of Chula Vista. XX. "Putrescible wastes" means the waste in organic material with the potential decomposition capacity to emit noticeable quantities of odor and gas by-products. Material in this category includes, but is not limited to, kitchen waste, dead animals, food from containers, etc., except organic wastes separated therefrom and used in composting. YY. "Recyclables" means any materials that are recyclable, reclaimable, and/or reusable within the following generating categories: small quantity generator and large quantity generator. Any material having an economic value on the secondary materials market or that is otherwise salvageable shall be included and/or other materials that have been 8-23 Ordinance No. Page 8 separated from other small or large quantity generators for the purposes of being recycled for resale and/or reuse, and placed at a designated recycling or waste collection or storage location or in a designated recycling or waste container for the purpose of collection and processing, or any such designated recyclable materials collected under a mixed waste processing program. ZZ. "Recycling" shall mean any process by which materials which would otherwise be discarded, deposited in a landfill or transformation facility and become solid waste are collected (source-separated, commingled, or as "mixed waste"), separated and/or processed, and rerumed to the economic mainstream in the form of raw materials or . products or materials which are otherwise salvaged or recovered for reuse. AAA. "Refuse" means garbage and rubbish. BBB. "Removal" means the act of taking solid wastes or designated recyclables from the place of generation either by the contract or franchise agent(s), or by a person in control of the premises. CCC I. "Removal frequency" means frequency of removal of solid wastes or recyclables from the place of generation. CCC2. "Renovation" means any change, addition, or modification in an existing structure. DDD. "Residential," for purposes of this chapter, means any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, including single- and multiple- family dwellings, apartment-hotels, boarding and lodging houses. "Residential" does not include short-term residential uses, such as motels, tourist cabins, or hostels which are regulated as hospitality establishments. EEE 1. "Residential recyclables" means those specific recyclable materials from residential solid waste (single-family and multifamily) including, but not limited to, aluminum, glass bottles and jars, newspaper, plastic bottles, tin and bi-metal cans, white goods, and yard waste. EEE2. "Reuse" means further or repeated use. FFF. "Roll-off service" means service provided for the collection, removal and disposal of industrial waste such as construction, demolition and other primarily inert nonputrescible wastes and green wastes. Roll-off service is usually provided using metal containers of 10 to 40 cubic yards that are open on the top with doors on one end. GGG. "Rubbish" means nonputrescible solid wastes such as ashes, paper, glass, bedding, crockery, plastics, rubber by-products or litter. Such materials that are designated as recyclable or compost may be exempt from categorizing as rubbish; provided, such materials are handled, processed and maintained in a properly regulated manner. HHH. "Salvaging or salvageable" means the controlled and/or authorized storage and removal of solid waste, designated recyclables or recoverable materials. 8-24 Ordinance No. Page 9 III. "Scavenging" means the uncontrolled and/or unauthorized removal of solid waste, designated recyclables or recoverable materials. Such activity is unlawful and is a misdemeanor punishable by up to six months in jail and $1,000 in civil penalties under CVMC 8.24.200 and 8.25.080 and Chapter 9, Section 41950 of the California Integrated Waste Management Act of 1989. JJJ. "To segregate waste material" means any of the following: the placement of designated recyclables in separate containers; the binding or bagging of designated recyclables separately from other waste material and placing in a separate container from refuse, or the same container as refuse; and the physical separation of designated recyclables from other waste material (either at the generating source, solid waste transfer station, or processing facility). KKK. "Small quantity generator" means those residential, commercial, industrial and institutional entities that generate less than 300 gallons of waste per week excluding source-separated recyclables diverted from disposal or transformation. LLL. "Solid waste" means all putrescible and nonputrescible solid, semisolid and liquid wastes, such as refuse, garbage, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes, and includes liquid wastes disposed of in conjunction with solid wastes at solid waste transfer/processing stations or disposal sites, which are generated by residential, commercial or industrial sites within the City. Solid waste shall not include: hazardous and infectious waste, sewage collected and treated in a municipal or regional sewage system or materials or substances having commercial value or other importance which can be salvaged for reuse, recycling, composting or resale. MMM. "State" shall mean the State of California. NNN. "Storage" means the interim containment of solid wastes, yard wastes, or recyclables in an approved manner after generation and prior to disposal, collection or processing. ("Interim" means for one week or less; roll-off containers may store nonputrescible waste for up to 30 days.) 000. "Streets and byways" shall mean the public streets, ways, alleys and places as the same now or may hereafter exist within said city, including State highways now or hereafter established within said city. PPPI. "Tin and bi-metal cans" means any steel food and beverage containers with a tin or aluminum plating. PPP2. "Total project costs" means the total value of a project as calculated using Chula Vista's standard valuation multipliers. QQQ. "Transfer or processing station" means those facilities utilized to receive solid wastes and to temporarily store, separate, convert, or otherwise process the solid waste and/or recyclables. RRRI. "Unit" means an individual residence contained in a residential multifamily complex. 8-25 Ordinance No. Page 10 RRR2. "Waste management report (WMR)" means a WMR form, approved by the City Manager or designee, for the purpose of compliance with this chapter. RRR3. "Waste Management Report Compliance Official" means the designated staff person(s) authorized by the City Manager and responsible for implementing the construction and demolition debris recycling program. SSS. "White goods" means kitchen or other large enameled appliances which include, but are not limited to, refrigerators, washers, and dryers. TTT. "Wood waste" means lumber and wood products but excludes tree stumps in excess of 35 pounds, more than incidental dirt or rock, plastic, glass, metal, painted or treated wood, plywood, particle board or other manufactured products that contain glue, formaldehyde, nonorganic or nonbiodegradable materials. UUU. "Vector" means any nuisance such as odor, unsightliness, sound, or a carrier, usually insects or rodents, that is capable of transmitting a disease. VVV. "Yard waste" means the leaves, grass, weeds, and wood materials from trees and shrubs from the single-family and multifamily residential sources of the City's green waste (to include landscape haulings from residential sources). Acceptable materials for collection include all yard waste as herein defined, excluding treated or processed wood or lumber, bulky waste or any other materials as shall be determined by the City as to not be salvageable. All acceptable yard waste shall be void of nails, wire, rocks, dirt or any other material that is not considered yard waste. . 8.25.070 Reports. A. All commercial and industrial establishments shall submit recycling tonnage documentation on an annual basis to the City's conservation coordinator, due on or before January 31st, for the previous year. Annual reporting shall be on the form promulgated by the City Manager, and commence on the first anniversary of the date set forth in the mandatory recycling implementation schedule as established in this chapter as July 1, 1993. Voluntary reporting prior to the required mandatory recycling is encouraged. B. All applicants for a construction or demolition permit for a covered project must submit a waste management report (WMR) to the Waste Management Report Compliance Official for approval, prior to permit issuance, per CVMC 8.25.095. 8-26 Ordinance No. Page 11 8.25.095 Construction and demolition debris recycling. A. Projects. 1. Covered Projects. The following project categories are covered projects and must comply with this section: a. Any project requiring a permit for demolition or construction, with a project valuation of $20,000 or more, unless defined as a non-covered project in subsection (A)(3) of this section. b. Any sequenced developments, such as housing subdivision construction or subdivision demolition must be considered as a "project" in its entirety for purposes of this section, and not as a series of individual projects. 2. City-Sponsored Projects. All City construction and demolition projects shall be considered "covered projects" and shall submit a waste management report to the City Manager or designee prior to issuance of any construction or demolition permits. 3. Non-Covered Projects. A performance. deposit and waste management report shall not be required for the following: a. Work for which a constmction or demolition permit is not required. b. Roofing projects that do not include tear-off of existing roof. c. Work for which only a plumbing, only an electrical, or only a mechanical permit is required. d. Seismic tie-down projects. e. Projects less than 10,000 square feet, where no stmctural building modifications are required. f. Emergency required to protect public health and safety. g. Individual single-family home renovations that are not part of a larger project. While not reqLlired, it shall be encouraged that at least 50 percent of all project-related construction, renovation and demolition waste from non-covered projects be diverted. B. Submission of Waste Management Report. 1. Constmction and Demolition Waste Management Report Forms. Applicants for any covered project shall complete and submit a constmction and demolition waste management report on a waste management report fom1 (WMR) approved by the City for this purpose. The WMR shall be submitted for review and approval prior to issuance of a construction or demolition permit. The completed WMR shall indicate all of the following: a. The type of project; b. The total square footage of the project; c. The estimated volume or weight of constmction and demolition debris, by material type, to be generated; d. The maximum volume or weight of construction and demolition debris that will be recycled or diverted from the landfill; 8-27 Ordinance No. Page 12 e. The maximum volume or weight of construction and demolition debris that will be disposed of in a landfill; and f. The vendors or facilities that the applicant proposes to use to collect, process or receive the construction and demolition debris. In estimating the volume or weight of materials identified in the WMR, the applicant shall use the standardized conversion rates established and approved by the City for this purpose. 2. Initial Application. Notwithstanding any other provision of this code, no construction or demolition permit maybe issued until the initial construction and demolition waste management report has been approved by the WlvlR Compliance Official. The W1vIR Compliance Official will respond to the applicant's WMR submittal within 10 business days with an approval, denial or request for clarification. If the WMR Compliance Official does not respond within 10 business days, the applicant should notify the Official. After notification by the applicant, the Official will then have three business days to complete the review. If the review is not completed within three business days after the notification, the deposit requirement will be waived. 3. Amount of Performance deposit. The applicant for any covered project shall submit to the City a performance deposit. The amount of the performance deposit shall be calculated as the lesser of three percent of the total project cost or $30,000. All letters of credit must be issued by a financial institution acceptable to the City and on a form prescribed by the City and approved by the City Attorney. All bonds shall be in the form prescribed by the City and by such sureties which are admitted insurers in the State of California, are subject to regulation by the Department of' Insurance, and which satisfy all State requirements. The City shall not accept a surety bond for less than $10,000. The WMR Compliance Official shall waive the performance deposit if the total deposit required pursuant to this section would be $SO.OO or less. Performance deposit funds in the form of cash, money order, or check will be placed in a secured account, subject to interest. The performance deposit shall be returned to the applicant upon acceptance of proof of compliance in full, or if partial compliance, on a prorated basis dependent on the degree of compliance. All interest earned will be the property of the City and used for waste reduction and recycling activities. 4. Documentation. Within 30 days after demolition is completed (if a demolition permit only) or 30 days after the issuance of a certificate of occupancy or at the time of issuing the last certificate of occupancy for units within a phased project of any covered project, the applicants shall submit to the WMR Compliance Official, documentation that it has met the divers.ion requirement for the project, unless applicant has been granted an exemption pursuant to subsection (C) of this section. The documentation shall include all of the following: a. Receipts from the vendor or facility that received each material, showing the actual weight or volume of that material; 8-28 Ordinance No. Page 13 b. A copy of the completed waste management report form, in its entirety; and c. Photographs and narrative documentation of the applicant's reuse activities. 5. Weighing of Wastes. Applicants shall make reasonable efforts to ensure that all construction, renovation and demolition waste diverted for reuse or disposed of is measured and recorded using the most accurate method of measurement available. To the extent practical, all construction, renovation and demolition waste shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For construction, renovation and demolition waste for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized rates established by the conversion rates table approved by the City for this purpose. Conversion rate tables will be included with the waste management report form. 6. Determination of Compliance and Release of Performance Deposit. The WMR Compliance Official shall review the information submitted under this section and deiermine whether the applicant has complied with the diversion requirement, as follows: a.' Compliance. If the WMR Compliance Official determines that the applicant has fully complied with the diversion requirement applicable to the project, he or she shall cause the release of the performance deposit to the applicant within 30 days of the applicant's submission of the documentation required under this section. If the applicant has complied in part, a portion of the performance deposit will be withheld. The amount withheld will be proportional to the percentage of materials that are not recycled/diverted. b. Noncompliance. If the WMR Compliance Official determines that the applicant failed to submit the documentation within the required time period, then the performance deposit shall be forfeited to the City. All forfeited and/or unrecovered funds shall be used for w'aste reduction and recycling activities. C. Exemption. 1. Application. If an applicant for a covered project experiences unique circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time that he or she submits the WMR. The applicant shall indicate on the WMR the maximum rate of diversion he or she believes is feasible for each material and the specific circumstances that he or she believes makes it infeasible to comply with the diversion requirement. 2. Meeting with WMR Compliance Official. The WMR Compliance Official shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement. 8-29 Ordinance No. Page 14 3. Granting of Exemption. If the WMR Compliance Official determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, he or she shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the WMR submitted by the applicant. The WMR Compliance Official shall return a copy of the WMR to the applicant marked "Approved with Exemption." The applicant shall then be responsible for diverting the revised rate noted by the WMR Compliance Official on the approved WMR, in compliance with the provisions of this section. 4. Denial of Exemption. If the ,VMR Compliance Official determines that it is possible for the applicant to meet the diversion requirement, he or she shall so inform the applicant in writing. The applicant shall resubmit a WMR form in full compliance with this section. If the applicant fails to resubmit the WMR, or if the resubmitted WMR does not comply with this section, the WMR Compliance Official shall deny the WMR. D. Appeal. Appeals of a determination made by the WMR Compliance Official under this section shall be made to the City Manager or designee. The appeal shall be in writing and filed with the City Clerk within 10 business days of issuance of the WMR Compliance Official's decision. The appeal shall be limited to the following issues: (I) the granting or denial of an exemption; and (2) the amount of security to be released. The decision of the City Manager or designee shall be final. SECTION II. EFFECTIVE DATE. This ordinance will take effect and be in force thirty days after final passage. Presented by Approved as to form by Jack Griffin Director of Public Works ~ '.. 1 /I <oL .....~ ~.;;c ./"'/-1.--0'(:;) d-r', Bart C. Miesfeld Interim City Attorney 8-30 CITY COUNCIL AGENDA STATEMENT '.'I;~:~':,'; .=SWt-- CITY OF ~CHULA VISTA JUL Y 8, 2008, Item~ ITEM TITLE: PUBLIC HEAR.TNG FOR THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SE\VER SERVICE CKA.RGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR L\..X BILL FOR COLLECTION SUBMITTED BY: REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL DIRECTOR OF FINAN\EiTRfASURERuf/K-. CIn MANAGER \\~V \-l 4/5THS VOTE: YES I I NO I X I ~ SUMl\LillY In order to adequately protect the City's interest in delinquent sewer service charges and ensure that collection efforts are directed towards the responsible property OViner in the event of a change in ownership, staff is recommending approval of liens against affected properties as a preliminary action to placing the delinquencies on the property tax rolls if they remain unpaid. Adoption of this resolution will enbance the collection process for delinqllent sewer service charges by ensuring that the correct property owners are charged and that payments will be received on a timely basis. This is the identical process approved by City Council since August 1998. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Envirorllilental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined ,mder Section 15378 (b)(4) of the State CEQA Guidelines: therefore, pursuant to Section 15060(c)(3) of the State CEQA 9-1 JUL Y 8,2008, ltemL Page 2 of3 Guidelines the activity IS not subject to CEQA. Thus, no environmemal review is necessary. RECOMMENDA nON Council conduct the public heming and adopt the resolution. BOARDS/COMMISSION RECOMlYlENDATION Not applicable. DISCUSSION The Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection. The ordinance states that upon notitlcation of the property OViIlers, a public heming is set for sewer service accounts which are over sixty days delinquent. At the hea,-ing, the City (OUI1Cil considers the delinquent accoums together with any objections or protests by interested parties. At the conclusion of the hearing, the City Council. may either approve the delinquency and amoum owed on the accounts as submitted or as modified or corrected by the Citv Council. Lastly, the Citv Council adopts a resolution assessing such amoums as recorded liens upon the respective parcels of land, and the amounts are charged to the property OViners on the next regular property tax bill. In April 2008, City Council approved 359 delinquent accounts values at );98,500 to be placed on the property tax bill for collection. Staff recently identified 1,855 OW11er occupied accounts totaling );342,000 as being over 60 days delinquent and through preliminary collection efforts, 1,384 accounts have been resolved, and the remaining 471 accounts valued at $165,000 are now being submitted (listing available at the Finance Department). 'vYl1ile many of these property owners have gone through this lien process previously as they continue to leave their sewer service accounts unpaid, there has been a dramatic increase in total number of delinquent accounts being submitted for the lien process. These property owners have been notitled of their delinquencies within the last 60 days, and two weeks ago, they were notified of the public hearing and were asked again to pay their delinquent sewer service charges to avoid a lien being placed on their propeny. Payment arrangements will be set up as needed, and staff will continue to update this list as payments are received and accounts are cleared. A final list will be submitted to the City Council for consideration on the day of the public hearing in order to reflect the most CUlTent payment postings. Staff is recommending that the City Council approve the final list of delinquent sewer aCcoLlnts as submitted, and that these charges be forwarded to the County and assessed as liens on the respective ov;ner occupied parcels of land and ultimately placed on the next regular tax bill for collection. 9-2 JUL Y 8, 2008, Item~ Page 3 of3 DECISION lVL\KER CONFLICT Staff has reviewed the propertv hoidings of the City Council and has found no property holdings within 500 feet of the boundaries of the properties which are the subject of this action. FISCAL IMPACT By placing deli.tlquem sewer service charges on the property owner's regular tax bilL the City should realize aDproximarely S325,000 i.tl additional sewer fund revenues for Fiscal Year 2007/2008. From this action alone. the City should realize approximately S 165,000 ill revenues. Prepared by: Nadine ivfandery. Treasury lvfanager, Finance Deparrmenr 9-3 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE N"EXT REGULAR TAX BILL 'vVHEREAS, in order to adequately protect the City's interest in delinquent sewer service charges and ensure that collection efforts are directed towards the responsible property owner in the event of a change in ownership, staff is recommending approval of liens against affected properties as a preliminary action to placing the delinquencies on the property tax rolls if they remain unpaid; and WHEREAS, the Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection; and WHEREAS, the ordinance states that upon notification of the property owners, a public hearing is set for sewer service accounts which are over sixty days delinquent; and WHEREAS, at the hearing, the City Council considers the delinquent accounts together with any objections or protests by interested parties; and WHEREAS, at the conclusion of the hearing, the City Council, may either approve the delinquency and amount owed on the accounts as submitted or as modified or corrected by the City Council; and WHEREAS, lastly, the City Council adopts a resolution assessing such amounts as recorded liens upon the respective parcels of land, and the amounts are charged to the property owners on the next regular property tax bill; and WHEREAS, in April 2008, City Council approved 359 delinquent accounts values at $98,500 to be placed on the property tax bill for collection; and WHEREAS, staff recently identified 822 owner occupied accounts totaling $201,000 as being over 60 days delinquent and through preliminary collection efforts, 98 accounts have been resolved, and the remaining 724 accounts valued at $171,000 are now being submitted (listing available at the Finance Department); and WHEREAS, while many of these property owners have gone through this lien process previously as they continue to leave thelr sewer service accounts unpaid, there has been a dramatic increase in total number of delinquent accounts being submitted for the lien process; and WHEREAS, these property owners have been notified of their delinquencies within the last 60 days, and two weeks ago, they were notified of the public hearing and were asked again to pay their delinquent sewer service charges to avoid a lien being placed on their property; and 9-4 Resolution No. 2008- Page 2 \VHEREAS, a final list will be submitted to the City Council for consideration on the day of the public hearing in order to reflect the most current payment postings; and WHEREAS, staff is recommending that the City Council approve the final list of delinquent sewer accounts as submitted, and that these charges be forwarded to the County and assessed as liens on the respective owner occupied parcels of land and ultimately placed on the next regular tax bill for collection. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista assesses certain delinquent sewer service charges as recorded liens upon the respective owner occupied parcels of land and approves placement of those delinquent charges on the next regular tax bill. Presented by Approved as to form by ^, ~0 r ~Bart! . Miesfeld . .~ Interim City Attorney Maria Kachadoorian Director of Finance 9-5 CITY COUNCIL AGENDA STATEMENT -Ie'. _"',1 ".iJ'l,;'1i.ffEii;t1J4':=r'liifJ"'" /~. ;sW:::. CITY OF ~CHULA VISTA PUBLIC HE.AJUNG FOR THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SOLID WASTE SERVICE CKARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF L~"!) At"!) PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR V,-X BILL FOR COLLECTION RESOLUTION OF THE CITY COu'NCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID \VASTE SERVICE CKARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND At"iD APPROVING PLACEMENT OF DELINQUENT CKARGES ON THE NEXT REGULAR Ti"X BILL DIRECTOR OF FIN/\l"iCE/TREASURERc.f1~ CITY MANAGER t.. \-, ) ~~S VOTE: YES U NO I X i ! In order to adequately protect the City's interest in delinquent solid waste service charges and ensure that collection effOlts are directed towards the responsible property owner in the event of a change of ovmership, staff is recommending approval for liens against affected properties as a preliminary action to placing the delinquencies on the property tax rolls if they remain wlpaid, Adoption of this resolution will enhance the collection process for delinquent solid waste service charges by reducing the amount of uncollectible losses and ensure that payment will be received on a more timely basis. This is the identical process approved by City Council on a regular basis since mid- 2001. ITEM TITLE: SUBMITTED BY: REVIEWED BY: SUMMARY JUL Y 8, 2008, ItemJQ.. EI\'VIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed actIVIty for compliance with the Califomia Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 (b)(4) of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA Thus, no environmental review is necessary. 10-1 JUL Y 8. 2008. Item 10 Page 2 of 3 RECOMMENDA nON Council conduct the public hearing and adopt the resolution. BOARDS/COMNlISSION RECOMMENDATION Not applicable. DISCUSSION In November 1998, City Council amended Municipal Code Section 8.24 to eliminate suspension of solid waste service for nonpayment. To ensure that all residents pay their fair share of the costs of this program, the ordinance allows delinquent solid waste service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection. The ordinance states that upon notification of the property owners, a public hearing is set for solid waste service accounts that are over ninety days delinquent. At the hearing the City Council considers the delinquent accounts together with arty objections or protests by interested parties. At the conclusion of the hearing, the City CounciL may either approve the delinquency and amount owed on the accounts as submitted or as modified or corrected bv the City CounciL Lastly, the City Council adopts a resolution assessing such amounts as recorded liens upon the respective parcels of land, and the amounts are charged to the property owners on the next regular property tax bill. As these amounts are collected, the monies are remitted to Allied Waste Services less the City's Franchise Fees, AB939 fees and late charges. In April 2008, City Council approved 773 delinquent accounts valued at $107,000 to be placed on the property tax bills for collection. Since then, Allied \Vaste Services has identified and submitted an additional Ll39 delinquent accounts valued at over $112,900 to the city for collection. Through the City's preliminary collection efforts, 788 accounts have been resolved, and the remaining 351 accounts valued at $40,000 are now being submitted (listing available at the Finance Department). The account status and property ownership on these accounts have been verified by both Allied Waste ar1d City staff \Vhile many of these delinquent accounts have gone through the lien process before as they continue to remain utlpaid, there was been a dramatic increase in the total number of delinquent accounts being submitted for the lien process. These property owners were notified of their delinquencies through a series of past due notices sent by Allied Waste until they were ultimately submitted to the City for collection. City staff sent out past due letters within the past 60 days, and two weeks ago, these property ovmers were notified of the public hearing and were asked to pay their delinquent solid waste service charges prior to transmittal of the delinquent account list to the County to avoid a lien being placed on their property. City staff has been working with Allied Waste to resolve any customer disputes as they arise and payment atTangements have been set up as needed. Staff will continue to update this list as payments are received and accounts are cleared. A final list will be submitted to the City Council for consideration on the day of the public hearing in order to reflect the most current payment postings. 10-2 JUL Y 8, 2008, Item~ Page 3 of3 Staff is recoITlJnending that the City Council approve the final list of delinquent solid waste accounts as submitted, and that these charges be forwarded to the Coumy and assessed as recorded liens on the respective parcels of land and ultimately placed on the next regular tax bill for collection. DECISION !\HKER CONFLICT StatI has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the properties which are the subject of this actlon. FISCAL IMPACT By using the property tax bill as the ultilnate collection method for delinquent solid waste service charges, the Ciry should realize a total of approximately 580,000 in Franchise Fees, AB939 Fees and late charges for Fiscal Year 2007/2008. From this action alone, the City should realize approximately $8,200 in revenues from the total 540.000 collected. and the balance. of 531.800 would be forwarded to Allied .. . Waste Services. Prepared by: ..\.'adine ,~1Gndery.' Treasury}.janager, Finance Deparrmenr 10-3 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHA.RGES ON THE NEXT REGULAR TAX BILL WHEREAS, in order to adequately protect the City's interest in delinquent solid waste service charges and ensure that collection efforts are directed towards the responsible property owner in the event of a change of ownership, staff is recommending approval for liens against affected properties as a preliminary action to placing the delinquencies on the property tax rolls if they remain unpaid; and WHEREAS, in November 1998, City Council amended Municipal Code Section 8.24 to eliminate suspension of solid waste service for nonpayment; and WHEREAS, to ensure that all residents pay their fair share of the costs of this program, the ordinance allows delinquent solid waste service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection; and WHEREAS, the ordinance states that upon notification of the property owners, a public hearing is set for solid waste service accounts that are over ninety days delinquent; and WHEREAS, at the hearing the City Council considers the delinquent accounts together with any objections or protests by interested parties. At the conclusion of the hearing, the City Council, may either approve the delinquency and amount owed on the accounts as submitted or as modified or corrected by the City Council; and WHEREAS, lastly, the City Council adopts a resolution assessing such amounts as recorded liens upon the respective parcels of land, and the amounts are charged to the property owners on the next regular property tax bill; and WHEREAS, as these amounts are collected, the monies are remitted to Allied Waste Services less the City's Franchise Fees, AB939 fees and late charges; and WHEREAS, in April 2008, City Council approved 773 delinquent accounts valued at $107,000 to be placed on the property tax bills for collection. Since then, Allied Waste Services has identified and submitted an additional 2,565 delinquent accounts valued at over $259,200 to the city for collection; and WHEREAS, through the City's preliminary collection efforts, 1,538 accounts have been resolved, and the remaining 1,027 accounts valued at $152,500 are now being submitted (listing available at the Finance Department); and WHEREAS, the account status and property ownership on these accounts have been verified by both Allied Waste and City staff; and 10-4 Resolution No. 2008- Page 2 WHEREAS, these property owners were notified of their delinquencies through a series of past due notices sent by Allied Waste until they were ultimately submitted to the City for collection; and WHEREAS, City staff sent out past due letters within the past 60 days, and two weeks ago, these property owners were notified of the public hearing and were asked to pay their delinquent solid waste service charges prior to transmittal of the delinquent account list to the County to avoid a lien being placed on their property; and WHEREAS, City staff has been working with Allied Waste to resolve any customer disputes as they arise and payment arrangements have been set up as needed; and WHEREAS, staff will continue to update this list as payments are received and accounts are cleared; and WHEREAS, a final list will be submitted to the City Council for consideration on the day of the public hearing in order to reflect the most current payment postings; and WHEREAS, staff is recommending that the City Council approve the final list of delinquent solid waste accounts as submitted, and that these charges be forwarded to the County and assessed as recorded liens on the respective parcels of land and ultimately placed on the next regular tax bill for collection. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista assesses certain delinquent solid waste service charges as recorded liens upon the respective owner occupied parcels of land and approves placement of those delinquent charges on the next regular tax bill. Presented by Approved as to form by ~\ lti 1a ' . /1-(;.h '. . ~L) f1 Batt C. Mles d~ t-yfim City Attorney Maria Kachadoorian Director of Finance 10-5 CITY COUNCIL AGENDA STATEMENT 4 CI1YOF - - CHULA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: 7/08/08, Item-1L PUBLIC HEARING TO CONSIDER TESTIMONY FOR THE FISCAL YEAR 2008/2009 LEVY OF ASSESSMENTS Ai'ID COLLECTION AGAINST THOSE ASSESSMENTS FOR CITY OPEN SPACE DISTRICTS 1 THROUGH 11, 14, 15, 17, 18, 20, 23, 24, 26, 31, 33, EASTLAKE MAINTENA.NCE DISTRICT NO.1 (ELMD #1), TOWN CENTRE AND BAY BOULEVARD M.AJNTENAi'JCE DISTRICT A) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR CITY OPEN SPACE DISTRICTS 2 THROUGH 11, 14, 15, 17, 18, 20, 23, 24, 26, 31 AND 33, EASTLAKE MAINTENANCE DISTRICT NO.1 (ELMD #1), AND BAY BOULEVARD MAINTENANCE DISTRICT B) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR CITY OPEN SPACE DISTRICT 1 C) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR THE~ TO WN CENTRE MAINTENANCE DISTRICT . j . DIRECTOR OF ENGINEEnRJN9," . CITY MANAGER I tJ;:Jv:;l ASSISTANT CITY Mi;~GER ~ 4/5THS VOTE: YES D NO 161 SUMMARY The City administers and maintains 36 Open Space Districts and associated zones that have been established over the last 30 years. Tl1e Districts pr,ovide a financing mechanism to maintain the public open space areas associated with each particular development. The levy of the annual assessment for Fiscal Year 2008/2009 enables the City to collect funds to provide these ongoing services. Tonight's item is the next step in the process for assessing levy amounts in order to ensure that the County Tax Assessor deadlines are met for all 36 of the City's Open Space Districts. 11-1 7/08/08, Iteml Page 2 of 7 ENVIRONlVIENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 (b)(4) of the State CEQA Guidelines because it involves an intention to levy and collect assessments for existing activities in the Open Space Districts and does not involve any new activities, therefore, pursuant to Section 15060 (c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review IS necessary. RECOMMENDATION Council conduct the public hearing and adopt the resolutions. BOARDS/COMMISSION RECOMMENDATION Not applicable DISCUSSION Open Space ~istricts (OSO's) were established in conjunction with each particular development to ensure financing for perpetual maintenance of common open space areas. OSO' s provide a mechanism for the City to levy an annual assessment and collectible to cover the costs of maintenance associated with each OSD. Once City Council approves the annual collectible amount, it is sent to the County for inclusion on the tax bill. Each year Council must take two actions before levying the annual assessment. First, Council approves the Engineer's Report on Open Space Districts, declares its intention to levy the annual assessment, and sets the date and time for a public hearing. This action was taken on June 17, 2008. Tonight's action is to conduct the public hearing, take and consider public testimony, and levy the annual assessment and set the amount to be collected against the assessment. Pursuant to state law and Municipal Code, the City Engineer has prepared and filed the annual report for all existing Open Space Districts. The report included information regarding: . The proposed budgets . Funds remaining in the account . The proposed assessment (based upon prior year assessment plus an inflation factor) . The collectible (the amount needed from each property owner to provide sufficient funds for the following fiscal year's maintenance) 11-2 7/08/08, ItemL Page 3 of 7 Table 1 below lists the names and locations of the Districts. Table 1. Open Space Districts Within the City ofChula Vista I 2 3 4 S 6 7 8 9 10 II 14 15 17 18 20 23 24 26 31 33 e. El Rancho del Rey Unitsl - 4 Lark Haven Rancho Robinhood Units I & 2 Bonita Ridge South Bay Villas Hillto Vista Zenith Units 2, 3, and 4 Rancho Robinhood Unit 3 EI Rancho del Rey El Rancho del Rey 6, Casa del Rey Hidden Vista Village Bonita Long Canyon Bonita Haciendas Bel Air Rid e Rancho del Sur Rancho del Re . Otay Rio Business Park Canyon View Homes Park Bonita Tele a h Can on Estates Broadway Business Home Villaae Eastlake Maintenance District No. I Bay Boulevard Maintenance District Town Centre Maintenance District Improvements and Services ......C310 East of Pas eo Ranchero -H Street & Tele South and East of Lorna Verde Park South of Allen School Lane Camino Elevado north of Otay Lakes Road North end of Crest Drive south ofE Street Camino Vista Real north of Telegra h Canyon Road North & South of Palomar, east ofl.80S SUITe Drive southwest of Ota Lakes Road Paseo del Rey, north of Telegra h Canyon Road West of Pas eo Ranchero - H & J Streets East H Street, east ofl.80S North of East H Street - Otay Lakes Road & Corral Canyon Road Canyon Drive, east ofOtay Lakes Road Northeast of Pas eo Ladera & East J Street East end of East Na Ies Street North of East H Street, west of Otay Lakes Road West ofHeritaae/Otay Valley Road, south ofOta Rio Road Rut ers Avenue, south of East H Street West of the intersection ofE Street & Bonita Road North ofOtay Lakes Road, west ofSR.PS West side of Broadway - J & K Streets Eastlake I, Eastlake Greens, Salt Creek I, OTC, Telegraph Can on Channel Bay Boulevard - E & F Streets Third Avenue - E & G Streets The facilities and items to be maintained by the Open Space Districts currently consist and will remain, in general, of the following: . Irrigation . Fertilization . Aerification . Pest Control . Insect infestation control . Removal of weeds, trash and litter . Removal of noxious plant material' . Trail maintenance . Public walkway cleaning . Low flow and brow channel maintenance . Weed abatement . Pond equipment and maintenance . Pedestrian light maintenance . Signage within trails/canyons . Pruning of trees and shrubs Repair of irrigation equipment . Irrigation equipment upgrades . Bmsh clearance . Encroachment trims . Fencing maintenance . Replacement of dead or diseased plant material 11-3 7/08/08, Item~ Page 4 of 7 Assessments & Collectibles The City of Chula Vista Municipal Code makes the distinction between the assessment and the amount that the City may collect against the assessment (i.e., the collectible). The assessments for Fiscal Year 2008/2009 are proposed at the Fiscal Year 2007/2008 amounts adjusted by the inflation factor of 2.2889% pursuant to the Municipal Code. Each year, the prior year's maximum assessment amount is adjusted by an inflation factor, pursuant to the Municipal Code. This inflation factor is based upon the lower of two separate, published inflation factors: the San Diego Metropolitan Consumer Price Index (CPl), and the Governor's California 4th Quarter per Capita Personal Income Index. In the mid-1990's (and for all Open Space Districts established after that date), Council approved the assessments with an inflation factor. Since that date, Council may annually increase the assessment by this inflation factor without this increase being subject to a protest vote under Proposition 218. The collectible, on the other hand, is the amount to be actually collected from the property owner and is equal to, or lower than, the proposed assessment. The collectible is based on the budget, the reserve requirement, savings and fund balances, earned interest and prior years' savings. The proposed assessments and collectibles for Fiscal Year 2008/2009 are as follows: Table 2. Historical and Proposed Fiscal Year 2008/2009 Assessments/Collectibles S1i~~r~:m~IfEDu1lfum:c~hlfgtfmer11Eo~~ r~~~~(ill:ar61~~ Proposed FY Proposed FY Projected Open Space District or Zone FY 07/08 08/09 FY 07/08 08/09 Variance ($) Variance (%) Revenue 1 $114.91 $117.54 $113.00 $110.00 ($7.54) -6.41% $72.341.50 2 53.30 54.52 53.00 54.00 (0.52) -0.95% 13.446.00 3 364.90 373.25 364.90 373.25 0.00 0.00% 47,402.75 4 385.42 394.24 385.42 388.00 (6.24) -1.58% 81,480.00 5 375.84 384.44 360.00 339.00 (45.44) -11.82% 41,358.00 6 185.86 190.11 163.00 162.00 (28.11) -14.79% 26,244.00 7 129.84 132.81 129.84 132.00 (0.81) -0.61% 13.728.00 8 593.12 606.70 591.00 591.00 (15.70) -2.59% 65,010.00 9 168.10 171.95 . 168.10 154.00 (17.95) -10.44% 59,136.00 10 113.43 116.03 113.00 115.00 (1.03) -0.88% 75,412.40 11 114.78 117.41 114.00 101.00 (16.41) -13.98% 133,425.04 14 368.99 377.44 368.99 373.00 (4.44) -1.18% 321,899.00 15 354.02 362.12 354.00 354.00 (8.12) -2.24% 20,178.00 17 169.46 173.34 116.00 111.00 (62.34) -35.96% 5,106.00 18 400.45 409.62 221.00 253.00 (156.62) -38.24% 110,055.00 20 Zone 1 - Desilting Basin 61.89 63.31 61.89 62.00 (1.31) -2.06% 54,328.12 Zone 2 - Rice Canyon 4,69 4.80 4.69 4.80 0.00 0.06% 19,005.02 Zone 3 - H Street 6.70 6.85 5.00 6.00 (0.85) -12.45% 36,855.02 Zone 4 - Business Center 52.00 53.19 52.00 53.00 (0.19) -0.36% 137,931.97 Zone 5 - SPA I 376.02 384.63 255.00 347.00 (37.63) -9.78% 622.865.00 Zone 6 - SPA II 288.93 295.54 189.00 206.00 (89.54) -30.300;.) 117,051.26 Zone 7 - SPA III .178.35 182.43 178.35 182.00 (0.43) -0.24% 214,175.60 Zone 8 - N Desilting Basin 41.12 42.06 32.00 40.00 (2.06) -4.90% 4,752.80 Zone 9 - Tel Cyn Channel 32.64 33.39 32.64 33.39 0.00 0.00% 1,751.68 11-4 7/08/08, Item 1L- Page 5 of7 N!J1'c'8li~~iibWrf~E?ED'u;{l1*~\ lym~ifif~~ir:~ic~rf~~ti'bl'~H Proposed FY Proposed FY Projected Open Space District or Zone FY 07/08 08/09 FY 07/08 08/09 Variance ($) Variance (%) Revenue 23 551.83 564.46 551.83 564.46 0.00 0.00% 50,835.27 24 686.08 701.78 523.00 496.00 (205.78) .29.32% 19,840.00 26 538.46 550.78 . 470.00 480.00 (70.78) -12.85% 9,120.00 31 556.23 568.96 270.00 269.00 (299.96) -52.72% 92,267.00 33(1) 1,374.66 1,406.12 0.00 0.00 N/A(5) N/A(5) 0.00 ELMD No. Otay Lakes Rd (2) N/A N/A 2.50 2.50 0.00 0.00 31,716.75 Zone A - Eastlake I 12.74 13.03 12.74 12.00 (1.03) -7.92% 101,159.79 Zone 8 - Eastlake Greens 20.82 21.30 15.00 16.00 (5.30) -24.87% 54,022.08 Zone C. Oly Training Ctr 172.46 176.41 3.00 6.00 (170.41) .96.60% 3,000.00 Zone 0 - Salt Creek I 230.02 235.28 230.00 168.00 (67.28) -28.60% 71,131.20 Zone E - Tel Cyn Chnl(3) 32.80 33.55 32.80 26.00 (7.55) -22.51% 9,525.64 Bay Boulevard (4) 3,185.47 3,258.38 3,004.00 2,330.00 (928.38) -28.49% 14,888.70 Town Centre (5) 0.11 0.12 0.00 0.00 Total Projected Revenue $2,752,444.59 (1) OSD 33 was formed several years ago in anticipation of development. The project has not progressed and consequently there is no maintenance required. Should the project develop in the future, Staff would recommend collecting money for maintenance. (2) Zones A - D share in the cost of Otay Lakes Road medians and off-site parkways. Collectible and projected revenue for Otay Lakes Road are reflected in collectible and projected revenue for Zones A-D. A budget for Otay Lakes Road is currently pending. (3) Portions of Eastlake I and Eastlake Greens are in this benefit area. (4) Bay Boulevard rates are based on acres. (5) Town Centre rates have been based on parcel square footage since FY 2001102. However, a Downtown PBID replaced this District in 2001, but the City determined that there was some potentiallong-tenn exposure for the City based on the remote potential that the current PBID might not receive sufficient support for re-approval in the future. Reserves While the City has often been able to identify savings from prior years to supplement collections, it is important to note that staff also strives to maintain at least a 50% reserve. The Municipal Code allows reserves between 50% and 100%. A minimum of 50% reserve is critical to provide the funds to pay for costs during the first six months of the fiscal year, before the collectibles are received from the first installment of the property tax bill, and also to mitigate for delinquencies and any emergency service requirements. Reserves in excess of 50% are used, in part, to maintain as stable a collectible as possible whil~ retaining sufficient funds to offset future anticipated increases and to address maintenance emergencies. Operational efficiencies and reserves may also allow the City to return excess funds to property owners in the form of a lower collectible. Budgets In general, most expenditure budgets have increased due to projected electricity and water rate increases, adjustments to City staff service costs as a result of costs of living increases, and increased contractor costs. 11-5 7/08/08, Item~ Page 6 of7 Due to a failed Proposition 218 balloting process conducted last year (Council Resolution 2007- 216) several districts required certain service level reductions due to lack of available resources (OSDs 7; 9; 20/Zone 7; 23; and Eastlake Maintenance District No. l/Zones A and D). Monitoring these districts expenditures and reducing levels of service has improved several of the districts funds. One district/zone that does not have sufficient reserves remaining to fund its maintenance is OSD 20, Zone 2. Another district, OSD 3 requires close monitoring, because reserve levels are below 50% at this time. Staff continues to monitor expenditures and reduce these expenditures/levels of service as needed to replenish these districts reserves. Other District Issues Town Centre LMD: A downtown Property and Business Improvement District (PBID) replaced Town Centre Landscape Maintenance District (LMD) in 2001. At that time, it was anticipated that the Town Centre LMD would be dissolved. However, the City determined that there was some potential long-term exposure for the City based on the remote possibility that the current PBID might not receive sufficient support for re-approval in the future. Should the PBID not be re-approved at some future date, and if the Town Centre LMD were dissolved, there would no longer be a funding mechanism for downtown landscape maintenance. Based on this possibility, the Town Centre LMD is kept open as a "ghost" district. This means that the City will set the maximum assessment amount for the District on an annual basis, even though property owners will not be billed any sum on the tax roll. Should the PBID not be re- approved, the Town Centre LMD will be in place and provide the necessary funding mechanism for downtown landscape maintenance. The current PBID was renewed with the adoption of Council Resolution No. 2006-222, for a period of ten (10) years, so the Town Centre LMD remains as a "ghost" district. The assessment amount in Fiscal Year 2008/2009 is $0.12 per square foot. Standard Notice Process for Annual Levy The public hearings were noticed pursuant to Goverrunent Code 6061, which requires that a notice be published in a newspaper of general circulation at least 10 days before the public hearing. Plans, specifications, and assessment rolls are on file in the City Clerk's office. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found a conflict exists, in that Council Member McCann has property holdings within 500 feet of the Open Space District 1 which is the subject of Resolution B of this action. Staff has reviewed the property holdings of the City Council and has found a conflict exists, in that Council Member Castaneda has property holdings within 500 feet of the Town Centre Maintenance District which is the subject of Resolution C ofthis action. 11-6 7/08/08, Item1L- Page 7 of7 FISCAL IMP ACT Expenditures are recovered through the OSD collectible and reserves resulting in no net impact to the General Fund. The full cost of providing maintenance services in these Districts totals $2,759,883. The current maximum assessment will provide $2,752,444.59 in revenues. Due to the limitation of the maximum allowable assessment, some districts cannot provide enough revenues to cover budgeted maintenance costs, resulting in a $7,438.41 gap. A failed ballot was conducted last fiscal year, and because of the disapproval of an assessment increase, services will have to be reduced to within available revenues. ATTACHMENTS 1. District Maps Prepared by: Tessa Quicho, Administrative Analyst If, Engineering Department kf:IEngineerIAGENDAICAS2008107-08-08IPH Open Space Districts.doc 11-7 IH-IITlJ;;;!Cl:jrnl!,!! ~~Y KD l ~W}}>-\Y~i8~ ~[ ~/I/ ~1T'v<::-' ern- ~/ .~ ~ ;;\(\.'0t! . , vm"w, '. .." )~ .~,\:!. >~(~ ~ < -- ~ ~~ \. v~ ~Q;-~. P~~d~~~5t~ Ll I ._,,~ ~\\~< ~~\=\:t'~" ~ ~~:r8::t~;UJ, 'j})>> ,PI;/ !=ll' sY'<s/ " ' ,YQ'~ ?;\ ,~~~ ~I=-I:F d' 0:,> ~w P ~ y~ ,,{~ ~"~~ ~ . 1/ ~r)~ / /~ ~ " /~ ~~~r\~% . ~~',,!;\v~// ~---- b~<< 'iYS~~\t ~e ~i;,n ',10., -- r0~~it!~ ~~, ~~ J~~~~~' . %~~ ~ \:~ ~nTI\~ I ~ ~~~m$\ IA \~~ ~ v- ~C-. ' " : i i'I: I;tJ r-MIIII/\ ~/~$ " '_~~-\ I co ~ \\\~ 'Ill' '.: c\...: ~ \II 1~IJ . . \::\11; .\ h\<< '7 ~ _ : . ,:IIe)l~ ~ 4> ~ ~.;:\ ,~ w~ ~~m~ir ~ ~ :.'.-im~ ,:11:lW1 ' ~>-Pd=:[ 'Si" r::::s::\1 ~ - "3; - \~, .-~'~ /\ ~" t::::l ~I 1/' --~: ,'i; ~^\\'Zilly I<:;\\} d?;':(-Il'llTr\. 4q(tJifi,~ ~\\1m'\\\11 A/. ( ~'~< , . \9' !I . ~ ~<A"'< ,.;y ,^,,\\~e ~,' ~li1i 3: \::Y . 1&~~\<P" 0~ "" ,~ ~l1rl>lfii=l. .' ';,~~---( 't ~ ,~ Il' ~S>;;cjm I m~.. ijIlillm IT __ ~! '~?;;i n ,:\,,-\ \ ~ ~ J; ?< ~~~ f::i1~~~ 1lJ1-. :i.'Eif-. ~~\\~ "f'~ WI, -1 i;;= , ~ ~, ~' )..l\J::::I;l- i::J. -- . m 'JJfJIlJ;' ~ ~~\\\\\\\t :1 \: r@ II . .c0 ~~i\1\\llllllm7:G:$!( /-'h : I itiW~,r-r-: ~(\\' ':i '111lt: III ,@~ ~(\\\l-\" 1111/ mi 1J!i: ' ,rtIl:/:'/;:/r=rr'lct::rr:J '\,. DATE: 41BI03 NOTES: Q TIRE: District :#/1 - EI Ranco del Rey Units 1-4 ~I~ ""' Il'iN ~ OI\'Of mUlA VISTA PREPARED BY: T.M. Not lo Scale ~~. 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'<<//>/1 ~B ,III -i' 'r[;: c1'l : ! ~h>- ~rr::.J& Iii C\.~mllil 11'. ::.-, ?<"'-{. l,LI r'r'\::- D - L,r;Y~ 'E1rm\ '>!: w. =7 AI:' "IH (J \\\\\lcJl-'\/J;:- '1\ ~ ~\.'-III .."-. 0>/ '1fT1 11U,lJ , 1\11 [[fJ1/)::;!&"7i II rTT /:-, ~ 'Ii; .' \ \.\\ \ \ ::1: N \1 / ~1~~ ~~N;.,~flll;~~~"'ZZJ/ 6",'\\\\"~~ ,. . . ~ ~ ~ ttVI---' ,f \b ,,?;J {T~\\III17), ~'~, d~\ If /::(i1!1 \QY ~ ~~\( _ ~ \~\\. 'lifT /-.. W /\rr,~ "';:;;...1lJ ,,' N~\ i \ ' ~B> ~l.LZ& ,6?Jj, ,,; /CC:q~ ' ~~ \@ -. :-,,~,~ ''&Q}-C ~ " Jr, ~ /-- ,. ~ ':;, 1~[~~>iWff ~!" i~~ . ~\\\f/ "'''~,;~' d~flj( v DATE: 4/8/03 NOTES: Q TIlLE: District :fi: 1 () - . El Rancho del Rey 6, Casa del Rey -0!~ -r-: -=~;::-...... arvD/' CHUJA VJSlA PREPARED BY: T,M, Not 10 Scale ~~.. ~f> !t1 ?" \.. . ~ --- v-- -\ ~ , 'I --t /j/jl/ ~ l~~ s t2~ ' I>> h - ~;~ j ~l '*1'1>- ~~ ~ - ~'~r2:r\"\ ~, ~'t ) ~ 71 '<. 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Nollo Seal. ~lft.. ::0-1'>-;; ~ mY"' OJUlA Vl5fA RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR CITY OPEN SPACE DISTRICTS 2 THROUGH 11, 14, 15, 17, 18, 20, 23, 24, 26, 31 AND 33, EASTLAKE MAINTENANCE DISTRICT NO.1 (ELMD #1), AND BAY BOULEVARD MAINTENANCE DISTRICT WHEREAS, prior to the adoption of this Resolution, the City Council caused the fonnation of various districts under and pursuant to state law; and WHEREAS, pursuant to Article 4, Chapter 1, part 2 of Division 15 of the California Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chula Vista Municipal Code Chapter 17.07, NBS Government Finance Group, dba NBS has prepared and filed, on behalf of and under the direction of the City Engineer, the aru1Ual Engineer's RepOti for all existing Open Space Maintenance Districts in the City; and WHEREAS, on June 17,2008, Council approved this annual Report and set July 8,2008 as the date for the public hearing; and WHEREAS, the proposed assessments for Fiscal Year 2008/2009 are as follows: Proposed FY Proposed FY Projected Open Space District or Zone FY 07108 08109 FY 07108 08109 Variance ($) Variance ("fa) Revenue 2 53.30 54.52 53.00 54.00 (0.52) -0.95% 13.446.00 3 364.90 373.25 364.90 373.25 0.00 0.00% 47,402.75 4 385.42 394.24 385.42 388.00 (6.24) -1.58% 81,480.00 5 375.84 384.44 360.00 339.00 (45.44) -11.82% 41,358.00 6 185.86 190.11 163.00 162.00 (28.11 ) -14.79% 26,244.00 7 129.84 132.81 129.84 132.00 (0.81 ) -0.61% 13,728.00 8 593.12 606,70 591.00 591.00 (15.70) -2.59% 65,010.00 9 168.10 171.95 168.10 154.00 (17.95) -10.44% 59,136.00 10 113.43 11603 113.00 115.00 (1.03) -0.88% 75,412.40 11 114.78 117.41 114.00 101.00 (16.41) -13.98% 133,425.04 14 368.99 377.44 368.99 373.00 (4.44) -1.18% 321,899.00 15 354.02 362.12 354.00 354.00 (8.12) -2.24% 20,178.00 17 169.46 173.34 116.00 111.00 (62.34) -35.96% 5,106.00 18 400.45 409.62 221.00 253.00 (156.62) ~38.24% 110,055.00 20 Zone 1 - Desilting Basin 61.89 63.31 61.89 62.00 (1.31) -2.06% 54,328.12 Zone 2 - Rice Canyon 4.69 4.80 4.69 4.80 0.00 0.06% 19,005.02 Zone 3 - H Street 6.70 6.85 5.00 6.00 (0.85) -12.45% 36,855.02 Zone 4 - Business Center 52.00 53.19 52.00 53.00 (0.19) .0.36% 137,931.97 Zone 5 - SPA I 376.02 384.63 255.00 347.00 (37.63) -9.78% 622,865.00 Zone 6 - SPA II 288.93 295.54 189.00 206.00 (89.54) -30.30% 117,051.26 Zone 7 - SPA III 178.35 182.43 178.35 182.00 (0.43) -0.24% 214,175.60 Zone 8 - N Desilting Basin 41.12 42.06 32.00 40.00 (2.06) -4.900/0 4,752.80 Zone 9 - Tel Cyn Channel 3264 33.39 32.64 33.39 0.00 0.00% 1.751.68 Open Space District or Zone 11-32 Proposed FY Proposed FY Projected FY 07108 08/09 FY 07/08 08/09 Variance ($) Variance (%) Revenue 24 686.08 701.78 523.00 496.00 (205.78) -29.32% 19,840.00 26 538.46 550.78 470,00 480.00 (70.78) -12.85% 9,120.00 31 556.23 568.96 270.00 269.00 (299,96) ~52. 72% 92,267,00 33(I} 1,374.66 1,406.12 0.00 0.00 N/A (5) N/A(5) 0.00 ELMO No 1 Otay Lakes Rd (2) N/A N/A 2,50 2,50 0.00 0.00 31,716.75 Zone A - Eastlake I 12.74 13.03 12.74 12.00 (1,03) -7.92% 101,159.79 Zone B - Eastlake Greens 20.82 21,30 15.00 16.00 (5.30) -24.87% 54,022,08 Zone C - Oly Training Ctr 172.46 176.41 3.00 6.00 (170.41) -96.60% 3,000.00 Zone 0 - Salt Creek \ 23002 235.28 230,00 168,00 (67.28) -28.60% 71,131,20 Zone ~ - Tel Cyn Chnl(3) 32.80 33.55 32.80 26.00 (7.55) -22.51% 9,525,64 Bay Boulevard (4) 3,185.47 3,258.38 3,004.00 2,330.00 (928.38) -28.49% 14,888.70 Total Projected Revenue $2,680,103.09 (1) OSO 33 was formed several years ago in anticipation of development. The project has not progressed and consequently there is no maintenance required. Should the project develop in the future, Staff would recommend collecting money for maintenance. (2) Zones A - 0 share in the cost of Otay Lakes Road medians and off-site parkways. Collectible and projected revenue for Otay Lakes Road are reflected in collectible and projected revenue for Zones A-D. A budget for Otay Lakes Road is currently pending. (3) Portions of Eastlake \ and Eastlake Greens are in this benefit area. (4) Bay Boulevard rates are based on acres. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, as to all Open Space and Maintenance Districts referenced in this Resolution, as follows: 1. That it finds that written protests against the proposed assessment have not been made by owners representing more than one-half of the area of land to be assessed. 2. That it confirms the diagram and assessment contained in the Engineer's Report. 3. That it orders that the open space and maintenance facilities be maintained. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that the adoption of this' Resolution constitutes the levy of assessments and collectibles as proposed in the Engineer's Report for the 2008/2009 fiscal year for Open Space Districts 2 through 11, 14, 15, 17,18,20,23,24,26,31 and 33, Eastlake Maintenance District No.1 (ELMD #1), and Bay Boulevard Maintenance District. Presented by Approved as to fonn by v'~c>~ ;L /Cl~ ~ Bali C. Miesfeld Interim City Attorney Richard Hopkins City Engineer H:\ENGJNEER\RESOS\Resos2008\07-08-0S\FYOSOc) OSD Public; Hearing Reso REVISED BY EC_duc 11-33 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR CITY OPEN SPACE DISTRICT 1 WHEREAS, prior to the adoption of this Resolution, the City Council caused the fonnation of various districts under and pursuant to state law; and WHEREAS, pursuant to Article 4, Chapter I, part 2 of Division 15 of the California Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chula Vista Municipal Code Chapter 17.07, NBS Government Finance Group dba NBS has prepared and filed, on behalf of and .under the direction of the City Engineer, the annual Engineer's Repol1 for City Open Space District I; and WHEREAS, on June 17,2008, Council approved this annual Report and set July 8, 2008 as the date for the public hearing; and WHEREAS, the proposed assessment for Fiscal Year 2008/2009 is as follows: Proposed FY Proposed FY Projected Open Space District or Zone FY 07/08 08/09 FY 07/08 08/09 Variance ($) Variance (%) Revenue 1 $114.91 $117.54 $113.00 $110.00 ($7.54) -6.41% $72,341.50 Total Projected Revenue $72,341.50 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, as to City Open Space District I, as follows: I. That it finds that written protests against the proposed assessment have not been made by owners representing more than one-half ofthe area ofland to be assessed. 2. That it confinl1s the diagram and assessment contained in the Engineer's Report. 3. That it orders that the open space and maintenance facilities be maintained. 11-34 BE [T FURTHER RESOLVED by the City Council of the City of Chula Vista that the adoption of this Resolution constitutes the levy of assessments and collectibles as proposed in the Engineer's Repoli for the 2008/2009 fiscal year for City Open Space District I. Presented by Approved as to form by Lr!~ CL ~:~. 1-'-0 Bart C. Miesfeld Interim City Attomey Richard Hopkins City Engineer 11-35 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR THE TOWN CENTRE MAINTENANCE DlSTRICT WHEREAS, prior to the adoption of this Resolution, the City Council caused the fonnation of various districts under and pursuant to state law; and WHEREAS, pursuant to Article 4, Chapter 1, part 2 of Division 15 of the California Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chula Vista Municipal Code Chapter 17.07, NBS Government Finance Group dba NBS has prepared and tiled, on belialfofand under the direction of the City Engineer, the annual Engineer's Report for the Town Centre Maintenance District; and WHEREAS, on June 17, 2008, Council approved this ammal Report and set July 8, 2008 as the date for the public hearing; and WHEREAS, the proposed assessment for Fiscal Year 2008/2009 is as follows: Open Space District or Zon~ Town Centre (1) FY 07/08 0.11 Proposed FY 08/09 0.121 FY 07/08 Proposed FY 08/09 0.00 Variance ($J Variance (%) Projected Revenue 0.00 Total Projected Revenue $0.00 (1) Town Centre rates have been based on parcel square footage since FY 2001/02. However, a Downtown PBID replaced this District in. 2001, but the City determined that there was some potential long-term exposure for the City based on the remote potential that the current PBID might nol receive sufficient support for re-approval in the future. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chuia Vista, as to the Town Centre Maintenance District, as follows: 1. That it finds that written protests against the proposed assessment have not been made by owners representing more than one-half of the area of land to be assessed. ') That it confirms the diagram and assessment contained in the Engineer's Report. 3. That it orders that the open space and maintenance facilities be maintained. 11-36 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that the adoption of this Resolution constitutes the levy of assessments and collectibles as proposed in the Engineer's Report for the 2008/2009 fiscal year for the Town Centre Maintenance District. Presented by Approved as to fonn by Richard Hopkins City Engineer ~ 0 vr:~ Bmi C. Miesfeld Interim City Attorney /hi'-..- U 11-37 CITY COUNCIL AGENDA STATEMENT ~~~ CITY OF .... <"~ (HULA VISTA Item:..\.2... Meeting Date:07/08/08 SUBMITTED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE SUBDIVISION MAP TO SUBDIVIDE 1.12 ACRES INTO TWENTY-EIGHT (28) CONDOMINIUM UNITS FOR INDIVIDUAL OWNERSHIP LOCATED AT 615 MOSS STREET A)/() ~ ACTING PLANNING DIRECTOR JVJ U~ - CITY MANAGER ITEM TITLE: REVIEWED BY: 4/5THS VOTE: YES NO X -- SUMMARY Consideration of a Tentative Subdivision Map, PCS-06-03, to subdivide 1.12 acres into twenty- eight (28) condominium units for individual ownership at 615 Moss Street. Applicant: Moss 28 LLC. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project qualifies for a Class 1 (k) categorical exemption pursuant to Section 15301 (existing facilities) of the State CEQA Guidelines. Thus no further environmental review is necessary. RECOMMENDATION The City Council adopts the Resolution. BOARDS/COMMISSION RECOMMENDATION The Planning Commission considered this proposal on May 28, 2008 and voted unanimously, (6-0-0-1) to recommend that the City Council approve the proposed Tentative Subdivision to subdivide 1.12 acres into twenty-eight (28) condominium units for individual ownership located at 615 Moss Street. 12-1 PCS-06-03 Item No. 12.- DISCUSSION Project Site Characteristics: The subject property is located at 615 Moss Street, just west of the intersection of Broadway and Moss Street in the Southwest area of the City (see Attachment A, Locator Map). It is surrounded by the commercial properties to the north and east, a mixed-use project to the south, and single- family homes located to the west. The parcel is relatively level with two driveways from Moss Street. The apartment complex has two-story rectangle shaped buildings, one with 12 units and the other with 16 units (see Attachment G, Project Plans). Project Description: The project consists of the conversion of a 28-unit apartment complex into condominium units. The existing units consist of 28 2-bedroom/2 bath units, approximately 796 sq. ft. As part of this proj ect, the Applicant proposes to retain 20 2-bedroom units and convert 8 of the units to a I-bedroom unit to comply with parking requirements. The proposed Tentative Subdivision Map would result in 28 units for individual ownership. The Design Review permit proposed no significant exterior structural changes. Instead the applicant proposed to construct minor exterior structural changes to the building listed below: . Extending the patiolbalcony for each unit in order to meet the minimum 60 sq. ft. size requirement and to also add an additional storage area in the 2-bedroom units to meet the storage requirement; . Replacing the roof; . Repairing and replacing fences; . Painting the building, fences and stairways; . Repair and resurface the parking lot; . Provide enhanced paving around the pool area and in front of each driveway entrance; . Repair and relocate sidewalks; . Provide new landscaped areas and upgrade existing landscaped areas; . Build private yards for two of the units in the rear; . Remove fencing along the front ofthe property; . Relocate and build a new monument sign; . Relocate and enlarge the trash enclosure; . Upgrade lighting; and . Replace the washing and drying machines in the laundry rooms. The applicant has also proposed to construct minor interior improvements listed below: . Provide new carpet, tiles, doors, windows, paint, hardware, fixtures, kitchen appliances, countertop and cabinets, lighting; . New storage area inside the 2-bedroom units; . Extension of the patiolbalconies as mentioned above; . New noise wall between the units; 12-2 -. PCS-06-03 Item No. \ 2.. . Removal of an interior wall to create an enlarged living room/den area in order to convert the eight units from a 2-bedoom unit to a I-bedroom unit; and . New water heaters, cooling and heating units. A more complete list of proposed improvements is included in Attachment C, Interior and Exterior Upgrades. A Physical Elements report, commissioned by the applicant, also identifies recommended improvements to bring the property and individual units to acceptable condominium ownership standards (see Attachment D, Property Condition Assessment- "Executive Summary"). Staffhas incorporated the recommendations as conditions of approval. Table 1 below lists the existing services utilities within the project. a e XIS ng tl Itles Air conditioning Individual wall mounted unit Heating Individual electric wall heaters Water heaters HOA Gas HOA Electric meter Individual electrical meters Water HOA Sewer HOA Cable Individual unit Telephone Individual unit T bl IE' ti U T . The maintenance and monthly payment of the utilities would be addressed in the project's codes, covenants, and restrictions (CC&Rs). The units are already served by separate electric meters, while the water heaters, gas, water, and sewer will be the responsibility of the Homeowner's Association. Land Use and Zoning: General Plan Zoning Current Land Use Site: Residential High North: Mixed-Use Residential South: Mixed-Use Residential East: Mixed-Use Residential West: Residential Low Medium R-3, Apartment Residential CTP, Commercial Thoroughfare CCP, Central Commercial CTP, Commercial Thoroughfare R-I, Single-Family Residential Apartments Vacant Lot/Restaurant Condos/Office Bldg Retail Single-Family Homes 12-3 PCS-06-03 Item No. \;2-.. DEVELOPMENT REGULATIONS Required ProposedlExisting Building Setbacks: Building Setbacks: Front: 15' Front: 64' Side: 5' & 5' Side: 14' & 9' Rear: 15' Rear: 24' Building Height: 28'/45' Building Height: 28' Parking Requirement: Parking Provided: 1 Bedroom Units (1.5 per Unit)= 12 1 Bedroom Units= 12 2 Bedroom Units (2 per Unit)= 40 2 Bedroom Units= 40 1 Motorcycle Parking= 1 Total: 52 Total: 53 Onen Space: 400 Sq. ft. per unit/ll,200 Sq. ft. Onen Space: 708 Sq. ft. per unit/19,845 Sq. ft. Storage: 200 cu. ft./2 bedroom unit Storage: 210 cu. ft./2 bedroom unit 150 cu. ft./l bedroom unit 163 cu. ft./l bedroom unit ANALYSIS: A condominium conversion project must satisfY certain City Code requirements including the Chula Vista Design Manual, Chapter 19.28 and Chapter 15.56 of the Chula Vista Municipal Code (CVMe), the California Fire Code, and Uniform Building Code, and other regulatory documents. The following paragraphs discuss some of the major requirements, such as: open space, storage, off-street parking, tenant relocation, design guidelines, noticing documentation, physical element report, and housing inspection in more detail. Open Space: . CYMC Section 19.28.090 requires 400 sq. ft. of common usable open space per unit; therefore, the project must provide a minimum of 11,200 sq. ft. of open space. The existing open space consists of 19,845 sq. ft., which includes both common and private open space. This area includes landscaping in the front yard area, along the western property line, various areas surrounding the building, and in rear of the property. There is also a swimming pool and a coin operated laundry facility located in the center of the site. Each unit has a minimum 69 sq. ft private porch or balcony, and two of the units located near the rear of the lot have a large enclosed private open space (see Attachment G, Project Plans). Storage: Section 15.56.020 requires a minimum of 150 cubic feet for each one bedroom unit and 200 cubic feet of storage for each two-bedroom unit. For the one-bedroom units, there is an existing 54 cubic foot storage area located off of the balcony and a proposed 109 cubic foot storage area located off of the proposed den for a total of 163 cubic feet. For the two bedroom units, an existing closet will be relocated adjacent to the kitchen area in order to enlarge the existing storage area located off of the balcony to provide a 91 cubic foot storage area. On the opposite side of the balcony another 110 cubic foot storage area is proposed for a total of 210 cubic feet (see Attachment G, Project Plans). With the proposed changes, all units meet the minimum storage requirement. 12-4 PCS-06-03 Item No. \ d- Off-street parking: In the R3 zone, a minimum of 1.5 parking spaces are required for each one-bedroom unit and a minimum of 2 parking spaces are required for each two-bedroom unit. Therefore a total of 52 parking spaces are required. In order to comply with the parking regulations, the applicant is proposing to convert eight (8) units from a two-bedroom unit to a one-bedroom unit. The project proposes to provide 36 regular parking spaces, 15 compact spaces, one handicapped space, and one (1) motorcycle parking space for a total of 53 parking spaces. There are two 24-ft. wide access driveways that provide sufficient room for ingress and egress maneuvers. Tenant Relocation: The applicant will assist, to the best of his ability, each of the current tenants with the opportunity of ownership or to assist in the tenant relocation. The applicant has agreed to do the following: . Refund the full amount of the deposit for each resident regardless of the condition of the apartment. Currently the deposit for the apartments are between $350-$1,245 dollars, with an average of $765 dollars, depending on when the residents first moved in. Typically deductions are made to their deposits based upon damages, or excessive use during their tenancy. These charges can range from little or nothing if the unit is returned in the same condition it was leased in, to as much as a few thousand dollars if there has been excessive wear or abuse. Typically the majority of the deposit is not refunded due to damages in the unit. For example, in a unit that had a deposit of $765 dollars on average will only get back $350 dollars. . Last months rent free to all residents who stay in their units until the applicant is ready to renovation their unit. The current average tenant rent is $1,031 dollars, ranging from $975-$1,095 dollars resulting in an average of$1,031 dollars depending upon their rent. Combining the two gives the average resident a "relocation assistance bonus" of $1,796 dollars using the $765 dollars for the average deposit refund and $1,031 dollars for the average one months rent. It will vary up or down somewhat depending upon the current rent and deposit held on hand for the resident. When the applicant originally met with the residents two years ago to discuss the condominium conversion, there were 17 out of the 28 residents who expressed interest in acquiring their units. If a lower percentage of the tenants wish not to buy the units when the conversion is complete, depending on the market conditions, additional monetary incentive may be given to the existing tenants to encourage them to buy the units. Design Guidelines: The applicant has submitted a Design Review application that was approved by the Design Review Committee on May 19, 2008. The Design Review permit proposed no significant changes, but rather minor,.jesign upgrades as listed on page 2. In addition to the proposed changes, the Design Review Committee added Condition No.1. 7 of the Notice of Decision that requires the applicant to add trellises over balcony area where a storage tower will be located on both sides of the balcony, revise the main colors of the building, revise and reduce the size of the enhanced paving at both entrances, upgraded the light fixtures on the building, and provide up-lighting in the 12-5 PCS-06-03 Item No. \;J.. landscaped areas. A Design Review Subcommittee meeting was held on May 27, 2008 where the proposed changes were approved (see Attachment G. Project Plans). On May 28, 2008, the Planning Commission added Condition No. C.6 of the City Council resolution to remove the existing security fence and replace it with an upgraded decorative fence, provided said fence receives all necessary approvals from the City and meets all applicable City requirements. Noticing Documentation Pursuant to Section 66452 of the Subdivision Map Act, condominium conversion projects must satisfy certain noticing requirements for specified time periods. Table 3 below identifies the noticing requirements and when existing and prospective tenants should receive them. The tenants have been made aware of the condominium conversion project proposal since August 2004. The tenants that have moved in since then have been given a notice prior to signing the lease agreement. Each tenant will be given notice of having the first option to purchase a unit. The Table also shows when the Applicant met these requirements. Sample notices provided by the Applicant are attached (see Attachment E, Noticing Documentation). Ta Ie 3: NOlicing DocumentatIOn NOTICE REOUIREMENT HOW LONG & WHEN COMPLIANCE 60-day notice to all existing tenants 60 days prior to filing a Design 60-day notices were sent on of intent to convert - "Form A"* Review and Tentative Map August 19, 2004 and again on application with the City May 15, 2006 by certified mail to existinO' tenants. Notice to all prospective tenants of Prior to acceptance of any rent Applicant has submitted a intent to convert - "Form B"* or deposit from the prospective signed notice by five new tenant tenants that moved in after Mav 15, 2006 lO-day notice to all existing tenants 10 days before or after To be determinedffypically of an application of a Public Report - submittal of the Public Report following Final Map approval "Form e" to the Department of Real Estate lO-day Notice to all existing tenants Within 10 days of approval of To be determinedffypically of Final Man annroval- "Form D" the Final Man bv the city following Final Map approval Notice to all prospective tenants of Prior to acceptance of any rent To be determined prior to option to purchase/termination of or deposit from the prospective approval of Final Map tenancv - "Form E" tenant 90-day Notice to all existing tenants For a period of 90 days after To be determined prior to of option to purchase/termination of issuance of the Public Report approval of Final Map tenancy - "Form F" from the Department of Real Estate 180-day notice to all existing tenants 180 days prior to termination of To be determined prior to of intent to convert/termination of tenancy approval of Final Map tenancv-"FormG" b * Attachment E- Noticing Documentation The City Council need to find that the Applicant has submitted Forms "A" and "B" prior to the approval of the Tentative Subdivision Map. Notices E-G shall be given to the tenants prior to the approval of the Final Map while the remaining notices are required after the approval of the Final Map. 12-6 .- PCS-06-03 Item No. I,;;L Property Condition Assessment: The applicant submitted a "Property Condition Assessment" (See Attachment D) prepared by JCEPIHuang Consulting Engineering, Inc. for review by the City's Building Official. The report concludes that the existing apartment complex is in overall good to fair condition with few defects noted. After reviewing the recommendations, staff concludes that the proposed improvements will satisfy the Building Code requirements if the recommended improvements are constructed or put in place. Staff has included the report recommendations as conditions of approval in the City Council Resolution. Based upon discussion of the Planning Commissioners at their meeting on May 28, 2008, staff clarified Condition B.2 of the City Council resolution to state that all listed recommended improvements as stated in the "Property Condition Assessment" shall be completed to the satisfaction of the Director of Planning and Building, prior to the approval of the final map. Housing Inspection: The Project is required to conform to Uniform Housing Code requirements in existence at the time of the approval of the Subdivision Map. The Applicant completed the housing inspection process on October 6, 2005 where only one item needed to be repaired and was being deferred to the building permit process. The applicant is required, by condition of approval, to repair or replace the pool fencing. DECISION-MAKER CONFLICTS: Staff has reviewed the property holdings of City Council and has found no property holdings within 500 feet of the boundaries of the property which is subject to this action. FISCAL IMPACT The application fees and processing cost are paid for by the Applicant. There is no impact to the General Fund. ATTACHMENTS A. Locator Map B. Planning Commission Resolution C. Interior and Exterior Upgrades D. Property Condition Assessment- "Executive Summary" E. Noticing Documentation F. Disclosure Statement G. Project Plans Prepared by: Caroline Young, Assistant Planner, Planning Division 12-7 -. - 12-8 .- ATTACHMENT A Locator Map PROJECT lOCATION CHULA VISTA PLANNING LC)OCATOR ~~~I~'ik: Moss 28, LLC PROJECT ADDRESS: 615 Moss SI. SCAlE: FILE NUMBER: No Scale PCS-06-03 AND BUILDING DEPARTMENT PROJECT DESCRIPTION: SUBDIVIS,ON Project Summary: Proposing to convert 28 apartment units to residential condominiums. elated cases: DRC-06-15. J:\planning\carlos~ocators\pcs0603.cdr 09.15.05 - ATTACHMENT B Planning Commission Resolution 12-10 RESOLUTION NO. PCS-06-03 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE A TENTATIVE SUBDIVISION MAP TO SUBDIVIDE I.l2 ACRES INTO TWENTY-EIGHT (28) CONDOMINIUM UNITS FOR INDIVIDUAL OWNERSHIP LOCATED AT 615 MOSS STREET. WHEREAS, on September 9, 2005, a duly verified application was filed with the City of Chula Vista Planning and Building Department by Moss 28, LLC ("Applicant"), requesting approval of a Tentative Subdivision Map to convert 28 apartment units into individually owned condominiums ("Project"); and, WHEREAS, the area of land which is the subject matter of this Resolution is diagrammatically represented on Exhibit A and for the general description herein consists of a 1.12 acres located at 615 Moss Street ("Project Site"); and WHEREAS, The Envirorunental Review Coordinator has reviewed the proposed project for compliance with the California Envirorunental Quality Act (CEQA) and has determined that the project qualifies for a Class I (existing facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus, no further environmental review is necessary; 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.. May 28, 2008, in the Council Chambers, 276 F ourth Avenue, before the Planning Commission and the hearing was then closed; and WHEREAS, the Planning Commission having received certain evidence on May 28, 2008, as set forth in the record of its proceedings made certain findings, as set forth in their recommending Resolution PCS-06-03, and recommended that the City Council approve the Project based on certain terms and conditions. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt the attached Draft City Council Resolution approving the Project in accordance with the findings and subject to the conditions contained in that Resolution. BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City Council. 1 2-11 PASSED AND APPROVED BY THE PLANNING COMMISSrON OF THE CITY OF CHULA VIST A, CALIFORNIA, this 28th day of May, 2008, by the following vote, to-wit: AYES: Tripp, Felber, Moctezurna, Vinson, Clayton, Spethrnan NOES: ABSENT: Bensoussan ATTEST: ~~ Diana Vargas, sect ( ex r:;zy William C. Tripp, Chairpel'i6n . . 12-12 ATTACHMENT C Interior and Exterior Upgrades 12-13 .- Interior and Exterior Upgrades 615 Moss Street, Chu1a Vista, California In!_erior upgrades to 615 Moss Street a Every bathroom and kitchen in each apartment will be provided with ground fault circuit interrupter receptacles (GFCl). a Upgrade lighting in units with energy efficient fixtures a Repair/replace all bathroom countertops and fixtures a Repair all existing plumbing lines as needed a Repair/replace all existing faucets and shower heads a Mold inspection will be made with necessary disinfecting treatments and repairs a Paint interior units a Repair/replace flooring a Repair/replace windows and doors a Replace kitchen cabinets and countertops with brand new ones. a Repair/replace kitchen appliances and sinks a Combine bathroom exhaust switch and light switch into one common switch. a Repair/replace water heaters a Repair/replace cooling and heating units a One layer of 5/8-inch, Type X gypsum board will be added to the party walls and interior of the walls. a One layer of 5/8-inch, Type X gypsum board will be added to the common wall with the laundry room. a Extend balconies for all units. See architect's plans. a Construct new external storage for 2BR units. See architect's plans. a Build wall to enclose the closet in the Master Bedroom of the 2BR units. Construct door to swing open from the Living Room. a Remove wall to 2nd bedroom of IBR units. See architect's plans. Prepared by: Judith Briggs, Southwest Equity Partners March 26, 2008 12-14 .- Exterior upgrades to 615 Moss Street a Upgrade lighting in external with energy efficient ur.its without horizontal glare for residents and neighbors a Paint exterior: building exterior, stairs and enclosures for patios, balconies and landingslbreezeways, property fences, metal fences around the swimming pool, and the security gate systems. a Trim/remove overgrown trees a Upgrade landscaping with necessary irrigation system a Upgrade concrete deck around the pool with colored concrete coating. a Replace roof a Place concrete washes under the outlets of the downspouts. o Replace 2 areas in parking lot with new enhanced stamped paving/color concrete. See landscape plans. a Repair or resurface distressed asphalt areas before the entire lot is seal-coated and re-striped. o Repair/replace concrete walkways as needed and power wash. o Replace washing and drying machines in laundry room. o Repair or upgrade all fire protection equipment, as needed. o Fossil Filters will be installed in the new storm drain inlets at the driveway approaches adjacent to Moss Street in conjunction with trench drains across the driveway entrances and at the southwest comer of the property in a new storm drain box. o Remove existing trash enclosures. Construct new "larger" trash enclosure to be located near the west entrance. See architect's plans. a Build parking diamonds with shade tree and ground cover. See landscape plans. o Plant new trees and shrubs as indicated on landscape plans. o Enhanced paving to be stamped color concrete with colored concrete. See landscape plans. o Build new sign. See architect's plans. Remove existing fence, gate, and driveway gates. o Build private yards for Unit #21 and #27. See landscape plans. o Construct concrete swale along the wooden fence on the west side. o Paint new parking stripes. o Construct new curb and concrete walk in front of Building I. Prepared by: Judith Briggs, Southwest Equity Partners March 26, 2008 12-15 . - ATTACHMENT D Property Condition Assessment- "Executive Summary" 12-16 1.0 EXECUTIVE SUMMARY 1.1 General Description JCEP/Huang completed a property condition assessment (PCA) of a multi- dwelling complex known as the Villa Hermosa located at 615 Moss Street in Chula Vista, San Diego County, California 91911-1675 (subject property) at the request of Joseph Scarlatti of West one Management Consultants. As a part of the PCA, an o1l:-,Site walk through observation was made on August 30,2004 with Cesar Calderon, Resident Manager of the subject property. Villa Hermosa consists of28 dwelling units contained in two 2-story garden type apartment buildings. Constructed of wood frame, the dwelling complex has a rentable area of an approximated 21,728 square feet. Development of the property was completed in 1986 on a parcel of land of an estimated 1.12 acres in the City of Chula Vista. A brief description of the buildings and dwelling units is as follows: - .':Biiildiil-i .~-~"""'""".,. ~~~::~:~i~::::f~~":,:':i';~::,;~~~illir~ ' ~., ,. . :'r.:.....:~"'" .' i, m ',y."):"">.:'- :D~n;.;fb . "'":~.:: ...~ -' ,~~~:~,~-~'!;,..-:, ""'r~"" D n' os..,.,,",~;r.o;"'ol ..::.:.,'i,;;7ic" ,,; , . ,.,:.'i,r_~_'_';..;: No. 1 12, No.1 through No. 12 No.1 through No.6 are on the upper level, while No.7 through No. 12 are on the lower level. No. Z 16, No. 13 through No. 28 No. 13 through No.20 are on the upper level, while No.21 through No.28 are on lower level. Total 28 Note: All 28 apartments are 2 x 2 units with identical floor plan measuring approximately 776 square feet. Additionally, the subject dwelling complex also provides 45 asphalt paved surface parking spaces (including one handicap parking stall), a swimming pool, a laundry room, and associated hardscape and landscape. Cooling of the apartment is provided by through-the-wall air conditioning units located under the window in the living room. Heating for the apartments is provided by electric individual wall mount heaters in each room of the dwelling units. Domestic hot water for the apartments is provided by two centralized gas- fired hot water heating systems contained in the utility closet of each apartment building. Each dwelling unit is furnished with an electric range/oven, stainless steel sink, counter tops, wall cabinets, dishwasher, and refrigerator. The laundry room is equipped with 3 coin-operated washers and 3 dryers. These machine are owned and operated by a vendor, Art's Incorporated. The electric distribution panels and individual electric meters are housed in the utility closets attached to the buildings. Gas mains are hung on the exterior walls near the hot water heaters. Smoke detectors are available for the dwelling units, 4 12-17 .. and the apartment buildings are fitted with fire extinguishers. Additionally, fire hydrants are located along the city street sidewalks by the property. 1.2 General Physical Condition The subject property appears adequately maintained and in overall good to fair condition with few defects noted. Components of the buildings are composed of durable materials and sturdy construction. It is JCEPlHuang's opinion that the subject property is comparable to or better than other similar properties of similar age in this ~ea and, subject to a continued program of sustained preventative maintenance, the remaining economic life of the subj ect apartments should exceed 35 years. 1.3 Recommended Immediate Repairs (within 12 months) Deferred maintenance and physical deficiencies for which actions are recom- mended represent potentially unsafe conditions, material code violations, and items that require corrective works on a higher priority than routine work. Based upon observations conducted during the property visit, the following objectionable property conditions that require immediate corrective works were identified: . - - . Most downspout outlets are piped under landscaped areas and daylight at the concrete curbs. But few downspouts end slightly above grade and splash the rainwater on ground (see Photo 10). This condition may inundate the area when moderate to heavy rain occurs. JCEPlHuang recommends that all downspout outlets be plumbed for better management of rainwater. ESTIMATED COST: $1,400.00 1.4 Recommended Short Term and Intermediate Term Repairs (between 1 to 5 years) We understand that the owner of the property has planned a Renovation Program to convert the dwelling units into condominiums. The Program will be carried-out within the next two to three years, and it includes: 1. Repair/replacement of flooring and painting of interiors of all dwelling units. 2. Repair/replacement of kitchen appliances, counter tops, cabinets and sinks. 3. Repair/replacement of windows and doors. 5 12-18 . - 4. Repair/replacement of bathroom fixtures. 5. Repair/replacement of any water damaged building elements and materials. 6. Repair/replacement of the cooling and heating units. 7. Reroof the buildings. 8. Repair/replacement ofthe hot water heaters. : JCEP/Huang also recommends the following repairs/replacements and up-grades be incorporated with the Renovation Program. . Isolated cracking and alligatoring were noted on the asphalt paved driveway and parking lot. Localized repairs are recommended. Following the repairs, seal-coating and restriping of the pavement should be performed. . Fill bare areas with materials that are comparable to the existing plants and adjust the irrigation system accordingly. . Up-grade the surrounding concrete decks around the swimming pool. - . Paint exterior walls of the buildings, property fences, metal fences around the swimming pool and spa, arid the security gate systems at the entry driveways to the property. . Wood property fence in the southwestern comer of the property was noted to be partially tilting. This condition should be corrected immediately before the existing wood fence is replaced in conjunction with the planned Renovation Program. Cost of immediate repair is not significant. 6 12-19 .- 12-20 .- ATTACHMENT E Noticing Documentation eyo., rI\~ \~ FORi,! A C01'<1)Oll-l1NlUi.\1 CONVERSIONS 60-DA Y NOTICE TO EXISTING TENANT OF INTENT TO CONVERT To the occupant(s) of: Graciela Rivera, Jonathan Rivera & Abraham Mendosa 615 Moss Street Chula Vista, CA 91911 Apartment Unit #: 1 J the owner(s) of this building, at 615 Moss Street. Chula Vista. CA 91911, plans to me a Desicrn Review and Tentative/Parcel Map application with the Citv of Chula Vista to c - convert this building to a condominium project. You "ill be given notice of each hearing for which notice is required pursuant to Sections 66451.3 and 66452.5 of the California Government Code, and you have the right to appear and the right to be heard at any such hearing. Owner: MOSS 28, LLC -r:- Date: Mav 15.2006 William J. Creagan, Owner's Agent S~::tion 66.1:7.1(:1) & 66452.9 of the Gove::nment Code 1 2-21 .- , - cxU\'()',,,p\~ FORM B CONDOl\1lNIUM CONVERSIONS NOTICE TO PROSPECTIVE TENANT OF INTENT TO CONVERT (plUOR TO EXECUTION OF RENTAL A.GREEMENT AND BEFORE TENTATlYE MAP A.PPROVAL) To the occupant(s) of: 615 Moss Street Chula Vista, CA 91911 Apartment Unit #: 7 The owner(s) of this building, at 615 Moss Street. Chub Vista. CA 91911, has filed or plans to file a Design Review and Tentative Map application with the City of Chula Vista to convert this building to a condominium project. No units may be sold in this building unless the conversion is approv~ by the City of Chula Vista and until after a public report is issued by the Department of Real Estate. If you become a tenant of the building, :tou shall be given notice of each hearing for which notice is required pursuant to Sections 66451.3 and 66452.5 of the California Government Code, and you have the right to appear and the right to be heard at any such hearing.. , Owner: MOSS 28, LLC ~~ Date: Mav 15.2006 William J. Creagan. Owner's Agent I have received this notice on Soction 66427.J(.) &. 66452.9 of lb. Govermn<nt Code 89 :::S'"lj2 :~I'V:"IG~' ,\;,III:':=] 581LseS519 ~O:6: ~0G::aEiSG 12-22 -. u.s. POSi ~L SERVIC=. CERTIFICATE OF MAILI"G MAY BE USED FeR DOMESTIC AND INTERNATIONAL MAIL, oeES NOT PRQV1CE FOR INSUAANC:.-l"CSTMASTER Recei~edFn:lm: I So~Partne.:s;lill:::;;~4 '169SaxonyRoad;Su;le111r .,,~:: 1.. Encini~. CA..92l124' ,.", ~ ~~, One piece of ordinary mall addNl:ssed to: Graciela Rivera, Jonathan Rivera & Abraham Mendosa 615 Moss Street, Unit 1 Chu1a Vista, CA 91911 PS Form 3817. January 2001 U,S. POSTAL SERVICE CERTIFICATE OF MAILING '!.\AY 6E USED FOR DOMESTIC AND INTERNATIONAL MAIL CiCES NeT PROVIDE FOR INSURANCE-POSTMASTER r- SouthwestEquity Partners, Ine.. ' 169 Saxony Road, Suite 111 ' Encinitas, CA 92lI24 One piece of ordinary mail addressed:o; James Dardon, Robert Bolick 615 Moss Street, Unit 2 Chu1a Vista, CA 91911 PS Form 3817. January 2001 u.s. POSTAL SERVICE CERTIFICATE OF MAILING '!.\AY BE USEO FOR DOMESTIC AND INTERNATIONAL. MAIL aCES NOT PROVICE FOR INSURANC::-POSTMASTER Received Fn:lm: Southwest Equity Partners, In<=. 169 Saxony Road, Suite 111 Encinitas, CA 92024 I One piece clcn:linary mall addressed 10: Francisco Aldrete & Edith Aldrete & Abraham Aldrete 615 Moss Street, Unit 3 Chula Vista, CA 91911 PS Fcrm 3817, J:;lnu:JI"1 :C01 12-23 - w c: '" u c: . ~ ~ '" Q tIl <:"'l'. 1- ~=~6\r.:3 .c:=S:-~~ tIl U >-'::: . ::: c: ::0 w " ~ L.rl-;' ~'" '-' ". .~ CJ~ -E:f7 g ~ ~I\\\ r r.a~ ~12 Q o o Q t5 E c: . '" ~ '" 0 VI C"';'. 1_ C=l-(\., .',.. ~:::=~,I!:;~ .~-c:r. :t: v: ~ E':: = LiJ ~ ~ LIJ-;' ...,...,'" ..... .'" .~ c:l:;: -E;;i7;; o ~I!!! .~'I. :Ol~ o o o o w c: t.:: w c: . '" ~ '" Q V'l c:."'t. 1- ?:.~~~'.~\~ ../Jc..uc:r'>-~ = E i ,- U"1-;' C"1~ c::5~- -E:I7 g o m, \\'~. rla~ i:; :;';.. o o o o 'e:Ko.. VY\ {) ( €.- = ,-1::l l::l- .... . ::::;. . ::1:'" . .. 'I~ ~. II Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. a Print your name and address on the reverse so that we can return the c::1rd to you. II Att:lch this card to'the back of the mail piece, or on the front. if space permits. 1. ArtIcle Add.n!ssed to; Gracie1a Rivera, Jonathan Rivera & Ab!'aham Mendosa 615 ~.~O~:: Street, Unit I Chula Vista, CA 91911 2. Article Number (Transfer from servlcelabeQ PS Form 3811, February 2004 /.' :1';;;.... ~IY\{)~ A. Signature . /. ~ ~:-/ X~T~P o'.A:g"cnt o Addressee c~5-~/berj D. Is delivery ad.dress dilfcrt!nt from item 1? 0 Ycs If YES. enter deliverj address below: 0 No 3. Service Type Ifl. Cortifled Mail 0 Exp..... Man o Registered ~ Return Receipt for Mel"t:handlse o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Edra Fee) 0 Yes 7005 1820 0006 5790 7711 102S95-02.M.1540 : Domestic Return Receipt i'SENDER: COMPI.ETETH/S SECTION . Complete items 1, 2. and 3. Also complete item 4 if Restricted Delivery is desired. II Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Miele Acdressed to: James Dardon, Robert Bolick 615 Mo~~ Street, Unit 2 Chula Vista, CA 91911 2. Article Number (Transfer from service fabeQ FS Form 3811, February 2004 . . ." X 0 Agent o Addressee C..Data cf Deliyery 5~!b C'&..' D. Is delivery address different frcm item 1? 0 Yes 11 YES. enter delivery address below; 0 No 3. Service Type IJ Cortlfied Mail 0 Exp..... Mail CJ Registered J&:l Return Receipt for Mel"t:hanc::se o Insured Mall tJ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7005 1820 0006 5790 7773 Dcmestic Return Receipt 1aZl;9~2-M-1540 --.----.-:-, . Complete items 1. 2. and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece. or on the front if space permits. 1. ArtIcle Addressed to: :1::1. .::1.- Francisco Aldrete & Edith Aldrete & Abraham Aldrete 615 Moss Street. Unit 3 Chub Vista, CA 9191 \ 2. Article Numcer ~t'1'rcm servtcs lace!) :=S Fcrm 3811. Fecru::lI"'f 2CQ..\. 3. Service Type If! Cortlfied Mail 0 Ex!:.... Mail o Registered c;s. Return Receipt tor Mel"t:~nnclse DlnSlJred Mall 0 C.O.D. 4. Restr1cted Delivery? (Extra Feel 0 Yes 700= 1c~D DQC~ =7~Q 7==4 - Ccmesuc Return RecelCt lC~.!l5-C::.M-\~ 12-24 12-25 ATTACHMENT F Disclosure Statement ~ 1ft.- -r- . - --- p I ann n g & Building Planning Division Department Development Processing -- em OF CHULA YISTA APPLICATION APPENDIX B Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that 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 financiai interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disciosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. Moss 28, LLC 2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. See attached list of investors. 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. None 4. Please identify every person, inciuding any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. William J. Creagan III, southwest Equity Partners Lindsey Erickson, Anthony-Taylor consultants Judith R. Briggs. Southwest Equity Partners Bruce Taylor, Anthony-Taylor Consultants Keoni Rosa, Architect Gary Chapman, Chapman Stephens Design Group 5. Has any person' associated with this contract had any financial dealings with an officiai" of the City of Chula Vista as it relates to this contract within the past 12 months. Yes_ No~ If Yes, briefly describe the nature of the financial interest the official" may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No ~ Yes _If yes, which Council member? 276 Fuurth Avenul"'~ ChuLl Vista Cllirorni,l 91'-/10 (b llil hl) I -~ 11) 1 12-26 - P I ann n g & Building Planning Division I Department Development Processing ellY OF CHULAVISfA APPLICATION APPENDIX B Disclosure Statement - Page 2 7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in the past twelve (12) months? (This inciudes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No x If Yes, which official" and what was the nature of item provided? ~~ Signature of Contractor/Applicant ~ , Date:---.ll - 7 - 0 (P william J. Creaqan, III/Moss 28, LLC type name of Contractor/Applicant Print or , Person is defined as: any individuai, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. Official Inciudes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. 27h Fourth .-\venup ChUl.l V;~t,l Cllirnrni,l Y 1 9 11) In Ill) 1141 -; 11) : 12-27 Appendix B-Addendum Item #2 List of all individuals with a $2,000 investment in the business entity: Moss 28, LLC November 7, 2006 I. First Trust Corporation TTEE fbo Judith R. Briggs Focus IRA 2. First Trust Corporation TTEE fbo Judith R. Briggs Roth IRA 3. Joseph D. Brinzo 4. CLJ Enterprises, Inc. Defined Benefit Pension Plan 5. Kevin P. Creagan 6. First Trust Corporation TTEE fbo William J. Creagan III Spectrum SEP IRA 7. Creagan Enterprises Defined Benefit Pension Plan 8. John W. and Patricia A. Davis 9. Kenneth L. Davis Trust of2003, Donald R. Davis Trustee 10. Craig A. Jolicoeur II. Kantorovich Revocable Living Trust dated May 21, 2002 12. Michael J. McDeavitt and Sherilynn Leigh McDeavitt, Tenants In Common 13. R. Brenton Melbye and Catherine M. Melbye Trustees UDT February 25,2004 14. Michael M. Nagaoka and Sharon R. Nagaoka Revocable Trust dated June 5, 2003 15. Larry M. and Gretchen V. Paulson, Community Property 16. Pinto Enterprises Inc. Profit Sharing Plan 17. The Rattner Revocable Intervivos Trust 18. Matthew H. Rattner 19. Dean & Dran Reese Joint Tenants with right of survivorship 20. S & G Party Productions Inc. 2!. The Anne Marie Ward Revocable Trust 22. Abbie Zands 23. Samuel and Sara Zands, Community Property 24. William J. Creagan III 12-28 . - RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE SUBDIVISION MAP TO SUBDIVIDE 1.12 ACRES INTO TWENTY-EIGHT (28) CONDOMINIUM UNITS FOR INDIVIDUAL OWNERSHIP LOCATED AT 615 MOSS STREET. I. RECITALS A. Project; Application for Discretionary Approval WHEREAS, a duly verified application for a Tentative Subdivision Map was filed on September 9, 2005, with the City of Chula Vista Planning and Building Department by Moss 28, LLC ("Applicant") requesting approval of a Tentative Subdivision Map to convert 28 apartment units into individually owned condominiums ("Project"); and B. Project Site WHEREAS, the area of land which is the subject matter of this Resolution is diagrammatically represented in Attachment A, copies of which are on file in the Office of the City Clerk, incorporated herein by reference, and for the purpose of general description herein consists of 1.12 acres located 615 Moss Street ("Project Site"); and C. Prior Discretionary Approval and Recommendations WHEREAS, the development of the Project Site has received the following discretionary approvals and recommendations: I) Design Review Committee approval of DRC-06-15, Design Review on May 19,2008,2) Planning Commission recommendation of approval of PCS-06-03, Tentative Subdivision Map for a 28-unit condominium conversion on May 28, 2008; and D. Planning Commission Record of Applications WHEREAS, the Planning Commission held an advertised public hearing on the Project on May 28, 2008, and after hearing staffs presentation and public testimony voted 6-0-0-1 to recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below; and E. Council Record of Applications WHEREAS, the City Clerk set the time and place for the public hearing on the Project's tentative subdivision map application; and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, its mailing to property owners within 500 feet of the exterior boundary of the project and its mailing to the current tenants residing at 615 Moss Street, at least 10 days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on July 8, 2008, in the Council Chambers, 276 Fourth Avenue, at 6:00 p.m. to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same. 12-29 .- Resolution No. 2008- NOW THEREFORE BE IT RESOLVED by the City Council that it finds, determines and resolves as follows: II. PLANNING COMMISSION RECORD Resolution PCS-06-03, the minutes, and all evidence introduced before the Planning Commission at their public hearing on the Project held on May 28, 2008, are incorporated into the record of this proceeding. III.COMPLIANCE WITH CEQA The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project qualifies for a Class I (k) categorical exemption pursuant to Section 15301 (existing facilities) of the State CEQA Guidelines. Thus no further environmental review is necessary. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council has exercised their independent review and judgment and concurs with the Environmental Review Coordinator's determination that the Proj ect qualifies for a Class I (k) categorical exemption pursuant to Section 15301 (existing facilities) of the State CEQA Guidelines. V. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map, as conditioned in the Resolution for 615 Moss Street, is in conformance with the elements of the City's General Plan, based on the following: I. Land Use It is the City's goal to accommodate diversified housing types. The site is designated Residential- High, and is developed with 28 units on the property, which is consistent with the General Plan land use designation. Thus, the Project, as conditioned, is in compliance with the adopted General Plan. 2. Circulation All on-site and off-site public streets required to serve the subdivision currently exist. No street improvements are required. 3. Housing The Project is consistent with the density prescribed within the General Plan and provides attached condominium units for individual ownership. The conversion of 28 apartment units to 28 condominium units creates additional opportunities for residential ownership. 2 12-30 Resolution No. 2008- 4. Open Space The Project includes patios, balconies, pool, laundry facility, and landscaped areas. The Applicant proposes to extend the patiolba1cony for each unit in order to meet the minimum 60 sq. ft. size requirement and to also add an additional storage area in the 2-bedroom units to meet the storage requirement. New landscaped areas will be provided and existing landscaped areas will be upgrade to provide additional planting or new planting. Therefore the site will meet the minimum requirements for open space. B. The site is physically suited for residential development and the proposal conforms to all standards established by the City for such project. C. The conditions imposed on the grant of the tentative subdivision map is approximately proportional both in nature and extend to the impact created by the proposed development. VI. FINDINGS OF COMPLIANCE WITH CONDOMINUM CONVERSION REQUIREMENTS PURSUANT TO CHAPTER 15.56 AND APARTMENT RESIDENTIAL ZONE REQUIREMENTS PURSUANT TO CHAPTER 19.28 OF THE CHULA VISTA MUNICIPAL CODE Pursuant to Chapter 15.56, Conversion of Dwelling Units to Independent Ownership, the City Council finds that the Project meets the following: A. Fire Protection: The Project shall comply with the California Fire Code. Applicant shall, among other things, install smoke detectors to be hardwired and interconnected with battery backup capabilities in each bedroom and hallway leading to each bedroom. B. Uniform Building Code: The Planning and Building Department reviewed the "Property Condition Assessment" prepared by JCEP/Huang Consulting Engineering, Inc., and found that the Project will satisfy the Building Code requirements if the recommended improvements are constructed or put in place. These requirements are generally described in the Property Condition Assessment and are conditions of approval. C. Storage: Section 15.56.020 requires a certain amount of storage for each unit. There are twenty 2-bedroom units that require a minimum 200 cubic feet of storage for each unit and eight I-bedroom units that require a minimum of 150 cubic feet. For the one-bedroom units, there is an existing 54 cubic foot storage area located off of the balcony and a proposed 109 cubic foot storage area located off of the proposed den for a total of 163 cubic feet. For the two bedroom units, an existing closet will be relocated adjacent to the kitchen area in order to enlarge the existing storage area located off of the balcony to provide a 91 cubic foot storage area. On the opposite side of the balcony another 110 cubic foot storage area is proposed for a total of 210 cubic. With the proposed changes, all of the units meet the minimum storage requirement. D. Housing Code: The Project is required to conform to Uniform Housing Code requirements in existence at the time of the approval of the Final Subdivision Map. The Applicant completed the housing inspection process on October 6, 2005 3 12-31 .- Resolution No. 2008- where only one item needed to be repaired and was being deferred to the building permit process. The applicant is required, by condition of approval, to repair or replace the pool fencing. E. Off-street parking: In the R3 zone, a minimum of 1.5 parking spaces are required for each one-bedroom unit and a minimum of 2 parking spaces are required for each two-bedroom unit for a total of 52 parking spaces. In order to comply with the parking regulations, the applicant is proposing to convert eight (8) units from a two-bedroom unit to a one-bedroom unit. The project proposes to provide 52 parking spaces and one (1) motorcycle parking space for a total of 53 parking spaces. There are two 24-ft wide access driveways that provide sufficient room for ingress and egress maneuvers. F. Design Guidelines: The applicant has submitted a Design Review application that was approved by the Design Review Committee on May 19, 2008. The Design Review permit proposed no significant exterior structural change but rather minor exterior structural changes to the building. The following is a summary of the proposed improvements to the building by the Applicant. A complete list of all of the improvements is included in Attachment E, Interior and Exterior Upgrades. In addition to the proposed changes, the Design Review Committee added Condition No. I. 7 of the attached Notice of Decision that requires the applicant to add trellises over balcony area where a storage tower will be located on both sides of the balcony, revise the main colors of the building, revise and reduce the size of the enhanced paving at both entrances, upgraded the light fixtures on the building, and provide up-lighting in the landscaped areas. The applicant proposed to construct minor exterior improvements to the each unit listed below: . Extending the patiolbalcony for each unit in order to meet the minimum 60 sq. ft. size requirement and to also add an additional storage area in the 2-bedroom units to meet the storage requirement; . Replacing the roof; . Repairing and replacing fences; . Painting the building, fences and stairways; . Repair and resurface the parking lot; . Provide enhanced paving around the pool area and in front of each driveway entrance; . Repair and relocate sidewalks; . Provide new landscaped areas and upgrade existing landscaped areas; . Build private yards for two of the units in the rear; . Remove fencing along the front of the property; . Relocate and build a new monument sign; . Relocate and enlarge the trash enclosure; . Upgrade lighting; and . Replace the washing and drying machines in the laundry rooms. The applicant proposed to construct minor interior improvements to the each unit listed below: . Provide new carpet, tiles, doors, windows, paint, hardware, fixtures, kitchen appliances, countertop and cabinets, lighting; . New storage area inside the 2-bedroom units; 4 12-32 .- Resolution No. 2008- . Extension of the patiolbalconies as mentioned above; . New noise wall between the units; . Removal of an interior wall to create an enlarged living room/den area in order to convert the eight units from a 2-bedoom unit to a 1- bedroom unit; and . New water heaters, cooling and heating units. G. Separate Service Meters: Each unit has individual electric meters. Prior to Final Map, the Applicant shall provide to the City the covenants, conditions, and restrictions (CC&R's), which shall require that the Homeowners Association will responsible for the water heaters, gas, water, and sewer service utility meters. H. Property Condition Assessment: The "Property Condition Assessment" (See Attachment F) prepared by JCEP/Huang Consulting Engineering, Inc. concludes that the existing apartment complex is in overall good to fair condition with few defects noted. Implementation of the proposed improvements recommended in the report will satisfy the Building Code requirements. Report recommendations are included as conditions of approval in Attachment C. 1. CC&Rs: The Project is conditioned to provide evidence of declarations of CC&R's in conjunction with approval of the Final Map. VII. COMPLIANCE WITH GOVERNMENT CODE SECTIONS 66451.3 AND 66452.5 Noticing Documentation Government Code Sections 66451.3 and 66452.5 requires notification of a tenant's right to a public hearing. The City of Chula Vista provided notices to tenants and surrounding property owners of all required public hearing for the Project, and the Applicant has satisfied the following noticing requirements at the time of submittal of the Tentative Map, which includes a 60-day "Notice ofIntent to Convert", and a "Notice to Prospective Tenants of Intent to Convert". BE IT FURTHER RESOLVED that the City Council approves Tentative Subdivision Map, subject to the general and special conditions set forth below. VIII. GENERAL CONDITIONS OF APPROVAL A. Project Site is Improved with Project The Applicant, or his/her successors in interest, shall improve the Project Site with the Project as described in the Tentative Subdivision Map, (PCS-06-03) at 615 Moss Street. B. Design Consistency The Applicant shall enhance the condominium units in accordance with the DRC 06-15 approved by the Design Review Committee. IX. SPECIAL CONDITIONS OF APPROVAL A. The conditions imposed on the Tentative Subdivision Map approval is approximately proportional both to nature and extent of impact created by the proposed development. 5 12-33 -. Resolution No. 200S- All conditions and code requirements listed below shall be fully completed by the Applicant or successor-in-interest to the City's satisfaction prior to approval of the Final Map, unless otherwise specified: GENERAL / PLANNING AND BUILDING 1. All of the terms, covenants and conditions contained in this Resolution shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Applicant as to any or all of the Project site. 2. Applicant and hislher successors in interest shall, comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of this Tentative Subdivision Map and as recommended for approval by the Planning Commission on May 2S, 200S, and DRC 06-15 approved by the Design Review Committee on May 19, 200S. 3. The Project Site shall be developed and maintained in accordance with the approved plans dated June 5, 200S, which include a site plan, floor plan, elevation plan, and landscape plan on file in the Planning Division, the conditions contained in this Resolution, and Title 19. B. The following Conditions of Approval shall be satisfied prior to approval of the Final Map to the satisfaction of the Planning and Building Director unless otherwise noted: 1. Prior to approval of final map, the applicant shall obtain a finaled building permit for the storage, trash enclosure, exterior and interior remodel of each condominium unit, and items listed in the "Property Condition Assessment". 2. Prior to approval of final map, all recommended improvements as stated in the "Property Condition Assessment", prepared by JCEP/Huang Consulting Engineering, Inc., shall be completed to the satisfaction of the Director of Planning and Building. Stated improvements include the following items: . Repair downspouts . Repair/replacement of flooring and painting of interior of all dwelling units . Repair/replacement of kitchen appliances, counter topes, cabinets and sinks . Repair/replacement of windows and doors . Repair/replacement of bathroom fixtures . Repair/replacement of any water damaged building elements and materials . Repair/replacement of the cooling and heating units . Re-roof the building . Repair/replacement of the hot water heaters . Repair cracks in asphalt paved driveway and parking lot . Adjust irrigation and provide planting in bare areas . Upgrade concrete decks around pool . Paint exterior wall of building and fences . Replace tilting fence in the southwestern comer of the property 6 12-34 Resolution No. 2008- 3. Prior to approval of fmal map, the Applicant shall submit evidence of a meeting with the current tenants to present alternative rental housing opportunities and assistance in relocation. 4. Prior to approval of final map, the Applicant shall submit evidence that the following City of Chula Vista noticing forms have been delivered to the existing and prospective tenants, or a schedule detailing required future notifications: a. 10-day notice to all existing tenants of an application of a Public Report - "Form C" (If submitted to State Dept. of Real Estate prior to Final Map approval). b. Notice to all prospective tenants of option to purchase/termination of tenancy - "Form E. c. 90-day Notice to all existing tenants of option to purchase/termination of tenancy - "Form F". 5. Prior to approval of final map, any and all agreements that the Applicant is required to enter into pursuant to the Resolution shall be in a form approved by the City Attorney. 6. After approval of the Final Map, the Applicant shall submit evidence that the following City of Chula Vista noticing forms have been delivered to the existing and prospective tenants, or a schedule detailing required future notifications: a. la-day Notice to all existing tenants of Final Map approval- "Form D". C. The following Conditions of Approval shall be satisfied prior to approval of the Building Permit to the satisfaction of the Planning and Building Director unless otherwise noted: I. The Building Permit shall include all recommended items to be repaired according to the housing inspections, which included to repairing or replacing the pool fencing. 2. The Project's exterior and interior upgrades for the site shall be constructed in accordance with the approved DRC-06-15 Design Review permit. 3. The Applicant shall provide a 109 cubic foot storage area located off of the proposed den in the one-bedroom units. For the two-bedroom units, the Applicant shall relocate the existing closet adjacent to the kitchen area in order to enlarge the existing storage area located off of the balcony to provide a 9 I cubic foot storage area and provide another 110 cubic foot storage area on the opposite side of the balcony. 4. The Project shall comply with requirements of the approved "Recycling and Solid Waste Management Plan" to the satisfaction of the City's Conservation Coordinator. The Plan shall demonstrate those steps the Applicant will take to comply with Municipal Code, including but not limited to Sections 8.2 (Solid Waste and Litter) and 8.25 (Recycling), and meet the State mandate to reduce or divert at least 50 percent of the waste generated by all residential, commercial and industrial developments. The Applicant shall contract with the City's franchise hauler throughout the construction and occupancy phase of the Project. The Plan shall incorporate any trash enclosure re-design required for compliance 7 12-35 I _ Resolution No. 2008- with the City's NPDES permit. The plan shall be submitted prior to Building Permit approval. 5. The Building Permit plans shall demonstrate that walls and ceilings meeting the current Uniform Building Code standards regarding fire and sound attenuation have been installed between airspaces of the condominium units, to the satisfaction of the City Building Official and Director of Planning and Building. If the walls and ceiling do not meet said standards, then the walls and ceiling shall be modified to conform to the Uniform Building Code. 6. The existing security fence shall be removed and replaced with an upgraded decorative fence, provided said fence receives all necessary approvals from the City and meets all applicable City requirements. 7. The Building Permit plans shall comply with all requirements of the City of Chula Vista Fire Department and the California Fire Code. DRAINAGEINPDES 8. All onsite drainage facilities shall be private. 9. The Applicant is required to obtain approval of the Water Quality Technical Report describing structural and non-structural Best Management Practices (BMPs) prior to Building Permit approval that will be implemented to prevent discharge of pollutants from the project site to public storm drainage systems. Specifically, the WQTR shall address the following source control and treatment control measures: . Homeowner Outreach . Lawn and Gardening Practices (including efficient irrigation systems) . Integrated Pest Management . Water Conservation . Hazardous Waste Management . Storm Drain Marking with Prohibitive Language to Discourage Illegal Dumping . Trash Management . Street Sweeping . Runoff Pre-treatment BMPs 10. The Applicant shall develop and implement an inspection and maintenance program to prevent blockage of private sewer lines and overflow of sewage to storm drain systems. 11. The Applicant shall enter into an agreement to fully implement NPDES best management practices ("BMPs") to reduce the amount of pollutants entering the city's storm water conveyance system, including but not limited to: a. The erection of signs near storm drain inlets and public access point along channels and creeks; installation of efficient irrigation systems and landscape design; employment of integrated pest management principles; and the creation 8 12-36 Resolution No. 2008- and implementation of inspection and maintenance programs for structural treatment control BMPs and private sewer lines. b. Providing storm drain system stenciling and signage; more specifically: i. Provide and maintain stenciling or labeling near all storm drain inlets and catch basins. 11. Post and maintain City-approved signs with language and/or graphical icons that prohibit illegal dumping at public access points along channels and creeks. c. Installing and using efficient irrigation systems and landscape design; more specifically: 1. Employ rain shutoff devices to prevent irrigation after precipitation. 11. Adjust irrigation systems to each landscape area's specific water requirements iii. Using flow reducers or shutoff valves triggered by a pressure drop to control water loss in the event of broken sprinkler heads or lines. IV. Employing other comparable, equally effective, methods to reduce irrigation water runoff. d. Employing integrated pest management principles. More specifically, eliminate and/or reduce the need for pesticide use by implementing Integrated Pest Management (IPM), including: (1) planting pest-resistant or well-adapted plant varieties such as native plants; (2) discouraging pests in the landscaping design; (3) distributing IPM educational materials to homeowners/residents. Minimally, educational materials must address the following topics: keeping pests out of buildings and landscaping using barriers, screens, and caulking; physical pest elimination techniques, such as, weeding, squashing, trapping, washing, or pruning out pests; relying on natural enemies to eat pests; and, proper use of pesticides as a last line of defense. e. Educate the Public. More specifically, the Homeowners Association, through Property Management, etc., shall inform residents about the City's non-storm water and pollutant discharge prohibitions. This goal can be achieved by distributing informative brochures (some available free from the City of Chula Vista) to new home buyers and dedicating sections of newsletters to storm water quality issues, as applicable. f. The Project's CC&Rs should include provlSlons for perpetual and routine maintenance of structural BMPs, private sewer, and storm drain facilities for the purpose of preventing the discharge of non-stormwater pollutants to the public storm water conveyance system. The project's CC&Rs should include provisions for funding and a mechanism for long-term implementation of the routine maintenance program. 9 12-37 I _ Resolution No. 2008- SEWER 12. The onsite sewer system shall be private. All sewer laterals shall be privately maintained from each building and/or condo unit to the City maintained public sewer main within Moss Street. 13. The Applicant shall establish a homeowners association to fund and oversee a contract for the maintenance of the onsite private sewer system. The frequency of maintenance of the sewer system shall be contained in the provisions of the Codes, Covenants & Restrictions (CC&Rs). The City Engineer and Director of Public Works shall approve the provisions of the CC&Rs regarding the onsite private sewer system. STREETS 14. Streets within the development shall be private. 15. Remove and replace both existing driveways along the project frontage for compliance with ADA pedestrian access route requirements. Said work shall be done under a Chula Vista construction permit using Chula Vista Construction Standard CVCS-I for driveways. Driveway replacement shall be guaranteed prior to recordation of the final map. 16. Damaged curb, gutter and sidewalk along the Moss Street frontage shall be removed and replaced. The displaced sidewalk around the existing curb inlet shall be removed and replaced as required by the City Engineer and to the satisfaction of the City Inspectors. CC&R'S 17. The Applicant shall submit CC&R's as approved by the City Attorney to the City Engineer and Director of Planning and Building for approval prior to approval ofthe final map. Said CC&R's shall include the following: . Indemnification of City for private sewer spillage. . Listing of maintained private facilities. . The City's right but not the obligation to enforce CC&R's. . Provision that no private facilities shall be requested to become public unless all homeowners and 100% of the first mortgage oblique have signed a written petition. . Maintenance of all walls, fences, lighting structures, paths, recreational amenities and structures, sewage facilities, drainage structures and landscaping. . Implement education and enforcement program to prevent the discharge of pollutants from all on-site sources to the stormwater conveyance system. Said CC&Rs shall be consistent with Chapter 18.44 of the Subdivision Ordinance, and shall be recorded concurrently with the final map. 10 12-38 Resolution No. 2008- 18. The Applicant shall submit homeowners aSSOCIatIOn (HOA) budget for review and approval by the City Engineer for the maintenance of private streets, storm drains and sewage systems. Said budget shall include the following maintenance activities: a. Streets must be sealed every 7 years and overlaid every 20 years. b. Sewers must be cleaned once a year with the contingency for emergencies. c. Red curbs I striping must be painted once every three years. EASEMENTS 19. Applicant shall submit evidence of noticing to all existing public utility easement holders within the project boundaries as required by the Section 66436 of the Subdivision Map Act. All existing easements and irrevocable offers of dedication shall be shown on the final map. A title report dated within 60 days of submittal of the final map shall be submitted together with backing documents for all existing public utility easements and offers of dedication. AGREEMENTS 20. The Applicant shall enter into an agreement for the following; a. Agree to defend, indemnifY and hold harmless the City and its agents, officers, and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision pursuant to 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. b. Agree to hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. c. Agree 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. Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the franchise and which are in further 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. MISCELLANEOUS 21. The Applicant shall tie the boundary of the subdivision to the California System-Zone VI (NAD '83). II 12-39 I . Resolution No. 2008- 22. The Applicant shall submit copies of the Pinal Map in a digital format such as (DXP) graphic file prior to approval of the Pinal Map. Provide computer aided Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate on 3 y, HD floppy disk prior to the approval of the Final Map. 23. The Applicant shall submit a conformed copy of a recorded tax certificate covering the property prior to approval of the Final Map. 24. The Applicant shall provide evidence to the satisfaction of the City Engineer of compliance with all tenant noticing requirements per Section 66427.1 of the Subdivision Map Act prior to approval of the final map. X. 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 granted in the resolution, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals granted in the resolution, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Applicant shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame. XI. 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, and that in the event that anyone or more terms, provision, 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. Presented by: Approved as to form by: Nancy Lytle Acting Planning Director \?~,(L/~~ Bart Miesfeld II ' - Interim City Attorney 12 12-40 CITY COUNCIL AGENDA STATEMENT ~\l~ C1lYOF ~ (HULA VISTA Item No.: [:) Meeting Date: 7/8/08 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING PROGRAM (IS- 08-011), AND GRANTING A CONDITIONAL USE PERMIT (PCC- 08-013), TO CONDUCT RACE EVENTS ON A TEMPORARY RACETRACK WITHIN THE RIMROCK QUARRY, LOCATED OFF HERITAGE ROAD AND ADJACENT TO THE OTAY RIVER VALLEY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MAi'lAGER TO WANE THE FULL COST RECOVERY RATE FOR POLICE SERVICES FOR THE CHAMPIONSHIP OFF ROAD RACING (CORR) RACE EVENTS, AUTHORIZING A.N ALTERNATNE RATE OF COST RECOVERY OF OVERTIME PLUS 20%, AND APPROPRIATING $27,859 TO THE POLICE DEPARTMENT FISCAL YEAR 2008/2009 PERSONNEL SERVICES BUDGET . FOR OVERTIME COSTS . RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MAi'lAGER TO WANE THE FULL COST RECOVERY RATE FOR FIRE AL'ID EMERGENCY MEDICAL SERVICES FOR THE CHAMPIONSHIP OFF ROAD RACING (CORR) RACE EVENTS, AUTHORIZING AN ALTERNATIVE RATE OF COST RECOVERY OF OVERTIME PLUS 20%, AND APPROPRIATING $33,567 TO THE FIRE DEPARTMENT FISCAL YEAR 2008/2009 PERSONNEL SERVICES BUDGET FOR OVERTIME COSTS SUBMITTED BY: 4/5THS VOTE: YES X NO REVIEWED BY: 13-1 , -, Date, Item No.: i-=:J Meeting Date: 7/8/08 Page 2 of 8 SUiVLvlARY XR Promotions, LLC for Championship Off-Road Racing (CaRR), has applied for a two-year temporary Conditional Use Permit (CUP) for three off-road race events scheduled for July 25th - 27th, September 12th - 14'\ and December 5'h - 7th, 2008 arid three similar race events in 2009. A CUP was issued for two race events in the Rimrock Quarry location in 2007. Prior to the use of the quarry, races occurred in Village Two (4 events in 2006 and 2 events in 2005). Competitive races are proposed to occur on Saturdays and Sundays with the racetrack operating between 7:00 a.m. - 7:00 p.m. On the Fridays before races, the racetrack would be open from 10 a.m. - 5:00 p.m. for practice and qualifying sessions. The site layout proposes grandstands and race pit areas surrounding a racetrack within the Rimrock Quarry. The agricultural fields in future Otay Ranch Village Three would provide the public parking, with access taken from Energy Way. A camping area would be located in an active recreation area south of the Otay River. Additionally, Resolutions Band C proposed by the Police and Fire Departments recommend appropriating $27,859 and $33,567 respectively to the Police and Fire Departments' fiscal year 2008/2009 persollilel services budgets to offset the cost of providing Police and Fire services for the CaRR event. If approved by the City Council, all costs for providing these services will be reimbursed by the Applicant at "Overtime plus 20-percent," rather than the Full Cost Recovery (FCR) rate as delineated in the FCR Schedule. ENVIRONMENTAL REVIEW . The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-08-011 in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by. the applicant would avoid or mitigate the effects to below significance; therefore, the . Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-08-011. . BOARDS/COMMISSION RECOMMENDATION Plalliling Commission: On June 25, 2008, the City's Planning Commission recommended adoption of Mitigated Negative Declaration (IS-08-011) and approval of Conditional Use Permit (PCC-08-0l3) by a vote of(6-0-0-1). 13-2 Date, Item No.: L:) Meeting Date: 7/8/08 Page 3 of 8 Resource Conservation Commission: On May 19, 2008, the City's Resource Conservation Commission (RCC) recommended approval of the Mitigated Negative Declaration (IS,08-011) by a vote of (4-0-0-3). The Otay Valley Regional Park Citizens Advisorv Committee and the Policy Committee: Similar to the 2007 CUP, staff and the applicant presented the CUP application to the committees of the adjacent Otay Valley Regional Park (OVRP). The proposal was presented to the OVRP Citizen's Advisory Committee (CAC), on February 15, 2008, and a CORR sub- committee was established by the CAC to further review the proposal. . The CORR sub- committee met on March 14, 2008 and voted 9 - 0 recommending approval of the proposal to the CAC. On March 21, 2008 the CAC voted 11 - 7 recommending approval of the proposal to the Policy Committee, and on April 24, 2008 the Policy Committee accepted the recommendation of the CAe. DISCUSSION Project Setting The Rimrock Quarry is a ISO-acre area east of the intersection of Main Street and Heritage Road, approximately one mile beyond where vehicles enter Cricket Wireless Amphitheatre and Knott's Soak City. The access road to the Rimrock Quarry, also known as Wiley Road, nms along the southern border of the proposed racetrack, north of the Otay River and east of Wolf Canyon. The project site is bordered by preserve lands on three sides. Wolf Canyon, which is part of the City's MSCP, lies between the racetrack site and the agricultural land of future Otay Ranch Village where public parking is proposed to the northwest, and the Otay River lies between the racetrack site and the active recreation area where camping is proposed to the southeast. Project Description The proposal is to hold three off-road race events scheduled for July 25th - 27'\ September 12th_ 14th, and December 5th _7'h, and three similar race events in 2009. The race events would occur within a portion of the Rimrock Quarry located adjacent to the Otay River Valley. A portion of Otay Ranch Village Three is proposed to be utilized for public parking and the western Active Recreation Area within the Otay River Valley would be used for camping (See Attachment No.1). In addition to the race events, as many as six practice sessions may occur on the racetrack during each race season, provided that the City is notified a minimum of two-weeks in advance of each practice session. Site preparation at the beginning of each race season would include the installation of grandstands, security lighting and fencing, orange bio-fencing to restrict access to the City's MSCP Preserve, signage for sensitive habitat areas, and storm water Best Management Practices (BMPs). 13-3 \~ Date, Item No.: .:::J Meeting Date: 7/8/08 Page 4 of 8 The public would access the racetrack site by entering the general parking area at the terminus of Energy Way. Race teams, campers and CORR personnel would access the racetrack site from the unpaved dirt road known as Wiley Road at the intersection of Main Street and Heritage Road. The City would provide Fire and Police Department personnel to manage and enforce approved Traffic Control, Security and Emergency Medical Plans. CORR would cover all costs associated with the additional service demands. Each race event includes the following activities: o Preliminary trial and qualification race sessions (Fridays) . Race events (Saturdays and Sundays) o Live Entertainment before, during and after race events (Saturdays and Sundays) o Overnight Camping (Friday through Sunday) o Race event parking (Friday through Sunday) o Nighttime security (Friday through Sunday) Firework use of any kind before, during or after each race event is prohibited. Noise attenuation for the racetrack is primarily provided by the existing terrain/topography on the north and east sides of the track area. A 15 foot-high shear rock face separates the track from the adjacent open space mining areas to the north and east. The project proposes to include vinyl-sheeting material to be mounted on the back of four grandstands to provide sound attenuation to the south. The project also includes fencing to provide security for the site as well as to prevent unauthorized access to adjacent preserve areas. The sale of alcoholic beverages is requested as part of this approval in conjunction with the required Alcohol and Beverage Control (ABC) permits. The applicant is requesting permission to sell alcohol in conjunction with proposed food vendors. Staff Analysis Background: Championship Off-Road Racing (CORR) events have occurred within the City over the past three years (2005-2007). The 2005 and 2006 races occurred on a temporary racetrack in Otay Ranch Village Two. The site has since been graded and is no longer available for race events. The 2007 races occurred on the same temporary racetrack in the Rimrock Quarry being proposed at this time. CORR representatives submitted the application for the temporary CUP in January 2008. The CUP application proposes to cover three race events for each of the 2008 and 2009 CORR race seasons. 13-4 ''''' Date, Hem No.: \..:J Meeting Date: 7/8/08 Page 5 of 8 Racetrack: Unlike the Otay Ranch Village Two temporary racetrack, the proposed temporary racetrack, grandstands and pit areas are located within the disturbed "mining bowl" of the Rimrock Quarry. As noted in the background discussion from last year's CUP, locating the racetrack within the quarry was staff s suggestion to the applicant to consider as a more compatible land use with a mining operation compared to using another undisturbed undeveloped land holding available to the O\^iTIer and operator ofCORR within the Otay Ranch. The Rimrock Quarry racetrack site also minimizes the noise, traffic and other impacts associated with an off-road racetrack on existing residential neighborhoods in Otay Ranch. Residential Villages One, Five, Six and Seven were within a half-mile radius of the previous racetrack located on Village Two, which was utilized six times during the 2005 and 2006 race seasons. These four villages remain as the closest residential neighborhoods in Chula Vista to the Rimrock Quarry, but each of these villages are more than two miles away from the racetrack. The nearest residential homes are located 0.8-miles away in San Diego's Otay Mesa, south and west of the Cricket Wireless Amphitheatre and Knott's Soak City. This CUP application also proposes race events to occur on the Rimrock Quarry racetrack in 2009. The applicant proposes the specific dates for the 2009 race events be determined next year, and staff proposes a CUP condition that the specific dates be provided to the Planning and Building Director a minimum one month prior to the first race event of2009. The applicant also proposes use of the racetrack for up to six -practice sessions during each of the race seasons, and staff proposes a CUP condition that the dates are provided to the Planning and Building Director a minimum of two-weeks prior to the each of the six-practice sessions proposed for each race season. Parking: According to the application, approximately 7,440 public parking spaces would be provided over approximately 76-acres of agricultural fields in the future Otay Ranch Village Three. Parking would be accessed via Energy Way. A shuttle bus system would transport patrons from the parking area to the racetrack area. The application also states that each race event could accommodate up to 24,000 spectators. The two race events last year averaged 12,000 spectators for each race day. If all 7,440 parking spaces, were utilized there would be at minimum one parking space for every 3.2"persons. By way of comparison, there are 8,500 parking spaces provided for the 20,000 capacity Cricket Wireless Amphitheater, a parking space ratio of2.3 persons per parking space. Additional parking spaces not included in the total number provided in future Village Three would be provided within the Rimrock Quarry, specifically VIP and ADA accessible parking spaces. Race team participant parking and camping would also be accommodated inside the 13-5 Date, Item No.: 13 Meeting Date: 7/8/08 Page 6 of8 Rimrock Quarry. The campground inside the active recreation area south of the Otay River will also provide the parking necessary for spectators who are camping. Based on previous race event attendance not exceeding 12,000 spectators, and evidence that there is an average of 2 to 3 persons per vehicle paying a minimum $10 and up to $50 for premium parking for each race event, parking on the Village Three agriculture fields would be adequate. Camping: Overnight camping would be provided for up to 150 campsites on a 27 -acre campsite within the Western Active Recreation area of the Otay Valley Regional Park. Security would be provided in the camping area from the end of the last race to 7 a.m. the following day. Security fencing would prevent campers and patrons from entering into the adjacent to the Otay River Valley MSCP Preserve. A shuttle bus system would transport patrons from the camping area to the racetrack area. Traffic Control: The general public would arrive at the race events from the west on Main Street or from the east on Heritage Road, then turn north on Nirvana Road and enter the public parking entrance on Energy Way. Race teams, spectators with ADA accessibility needs, and a very limited number of VIPs would enter the racetrack area from the unpaved Wiley Road at the intersection of Main Street and Heritage Road. The potential for localized congestion would be minimized by spectators paying for parking well beyond the Energy Way driveway entrance, which can provide for extended queuing. Generally, spectators arrive throughout the race day before individual race events, and most localized congestion occurs at the end of the race events. A Traffic Control Plan has been provided, reviewed and approved by the City Engineer and Police Chief. The Traffic Control Plan includes a description of the message board signage, striping, delineated detours, flagging operations, and any other methods that would be used to safely guide motorists during such special events. As a condition of the CUP, compliance with the Traffic Control Plan is required, and amendments may be made to the plan as needed between race events as determined by the City Engineer and Police Chief. Public Safety Operational Plans: The race events would increase the potential for public safety hazards such as accidents and spectator crowd control. . Therefore, there would be a temporary increase in demand for police and fire safety services. The racetrack would be situated 8-ft. below the grandstands, with concrete barriers running along the entire frontage of the grandstand area. A IO-ft. high catch fence with steel cables would run the entire length of the grandstand area to protect spectators. The Police and Fire Department would provide staff as needed in order to implement the Traffic Control, Security and Emergency Medical Plans before, during, and after race events. CORR representatives would furnish the Police, Fire and Ambulance service a means for two-way radio communication during the races. As conditions of the CUP, compliance with the Traffic 13-6 Date, Item No.: \.::-) Meeting Date: 7/8/08 Page 7 of8 Control, Security and Emergency Medical Plans is required, and amendments may be made to the plans as needed between race events as determined by the Fire Chief, Police Chief, and City Engineer. The Director of Planning and Building, City Engineer, Police Chief and Fire Chief may modify the various plans, such as the Security Plan, Emergency Medical Plan, and Traffic Control Plan between each of the race events to address problems or concerns raised and/or corrections as needed from the previous race events. However, if any unanticipated problems occur, staff would schedule a new public hearing between each race event weekend (typically there is a full month between each race event weekend) to modify or revoke the Conditional Use Permit. Charges for Public Service: Current policy is to charge entities that wish to utilize non~City sponsored services, including Police and Fire services, the Full Cost Recovery (FCR.) rate aiaelineated in the FCR Schedule. Throughout the years, these fees were either reduced or waived for a variety of events. However, since the current fiscal crisis has put discretionary expenditures on hold, staff has been directed to charge FCR for all events, and to take any exceptions to Council for approval. Since the first CORR race was held in Chula Vista in 2005, the City has waived the FCR rate and agreed to charge the same rate for Police services that are currently contracted with Cricket Wireless Amphitheatre for the eight previous CORR events. This reduced rate is calculated at actual overtime costs plus an additional 20-percent to cover basic overhead costs such as vehicles, supervision, etc. The table below outlines the difference in revenues per day based upon the FCR rate and the reduced "overtime plus 20-percent rate." Because of the significant exposure that the CORR events bring to Chula Vista (this year's race events will be broadcast live on NBC), and the desire to keep these races located in Chula Vista, staff recommends waiving the FCR rate for this event and authorize the "overtime plus 20- percent" calculation for Police and Fire Prevention and Emergency Medical Services. Alcoholic Beverages: The sale of alcoholic beverages is being requested as part of the CUP application. If approved, the applicant would coordinate with Alcohol and Beverage Control (ABC) and the Police Department's Special Events & Special Investigations Unit on a plan for how the sale of alcohol would be controlled at the race events. Typically, all alcoholic beverage sales have been required to be included with food vending sales or within a segregated "beer garden" area. A condition of approval that all alcoholic beverage sales cease one hour prior to the end of racing events each racing day has been included as requested by the Police;.Department's Special Events & Special Investigations Unit. DECISION-MAKER CONFLICTS Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries ofthe property that is subject to this action. 13-7 Date, Item No.: \3 Meeting Date: 7/8/08 Page 8 of 8 FISCAL IMPACT Approval of Resolutions B and C amend the General fund budget for fiscal year 2008-09, appropriating an additional $61,426 in overtime expenditures to the Police and Fire Department budgets ($27,859 and $33,567 respectively). These additional appropriations will be offset by reimbursement from the Applicant, resulting in no net impact to the General fund. Approval of the resolutions also waives the Council's full cost recovery policy for a total of six CORR events, occurring over a period of two fiscal years (three events per year). The Applicant will instead reimburse the City at "overtime plus 20-percent". Waiver of full cost recovery results in a net reduction in overhead reimbursement of $55,336 in the current fiscal year, for a total impact of approximately $110,672 over the two fiscal years. Calculation of the General fund impact of waiving full cost recovery for the three events in fiscal year 2008-09 is detailed below. Fiscal Year 2008-09 Impact Calculation Police Department Fire Department TOTAL $ 75,665 $ 53,382 $ 129,047 $ 33,431 $ 40,280 $ 73,711 $ (42,234) $ (13, I 02) $ (55,336) The Applicant will also reimburse the City, via deposit account, for all costs incurred preparing the reports and resolutions for these discretionary applications. ATTACHMENTS 1. Locator Map 2. Planning Commission Resolution PCC-08-0 13 3. Application Documents with Disclosure Statement 4. Mitigated Negative Declaration IS-08-011 5. Site Plan/Racetrack Plan Prepared by: Harold Phelps, Associate Planner, Planning & Building Department J: IPlanningIHAROLDIPCC-08-013 _ CCreport _ CM.doc 13-8 - ~ I I I I I I Otay Landfill I I I I I o I 'e<;\ ,,; \)' , sol'" ' 0\ , (1\'1 ;" eolS , ,," ;" Village 4 " " "",..:"" ..,.>>.-,,-,-,,,< "':<<..::;..~~~~~:.::-~-<,':;:;,, ' '"C'~""" ',"." '<<);"~" amplng',:.;~<''\ ~~>:u-<'';.:0.~<-::<<'' '--"'; "::::':~:::--.. . .s' ". .... .... ....;'Die9o ...... of so .. C;\Jilt'{ .... "-s\O ....... ...,,\0 ,,\...."'1.; - - -- ,C"v .... 0 Gi't.~~..sO; Oie9 ..... ...., of ...... CI., --=-_........=....=""= C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLICANT: XR Promotions, LLC MiSCELLANEOUS PROJECT 2041 Heritage Rd, Project Description: 2008-2009 Corr Temporary (July 25th -27th), ADDRESS: . (September 12th-14th), (December 5th-7th) Off-Road racing with SCALE: FILE NUMBER: in the Otay Valley Rock Quarry on Otay Ranch. NORTH No Scale PCC-08-01?n n Related cases: IS-D8:011 " .. , , -,", - .-- - .. L\Gabe Files\locators\pcc08013.cdr 01.23.08 !)1!;:;CI!Af/.:'l1J( z.. RESOLUTION NO. PCC-08-013 A RESOLUTION OF THE PLAl'lNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT THE MITIGATED NEGATIVE DECLAR<\TION IS-08-011 AND THE MITIGATION MONITORING PROGRAM, AND GRANT A CONDITIONAL USE PERMIT FOR A TEMPORARY OFF-ROAD R<\CETRACK ON A PORTION OF THE RIMROCK QUARRY, LOCATED OFF HERITAGE ROAD Al'lD ADJACENT TO THE OTAY RIVER V ALLEY - XR PROMOTIONS, LLC FOR CHAMPIONSHIP OFF-ROAD RACING. WHEREAS, a duly verified application for a Conditional Use Permit was filed with the City of Chula Vista Planning and Building Department on January IS, 2008 by XR Promotions, LLC for Championship Off-Road Racing (CORR) and ("Applicant"); and WHEREAS, the application requests permission to conduct off-road race events on July 25th - 27th, September 12th - 14t\ and December 5th - 7th, 2008 and three similar race events in 2009 on a racetrack located on a portion of the Rimrock Quarry adjacent to the Otay River Valley. The application also includes a portion of future Otay Ranch Village Three for a general public parking area, and a portion of the western Active Recreation Area within the Otay Valley Regional Park for an overnight camping area; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-08-011 in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the project could result in significant effects"onthe environment. However, revisions to the project made by, or agreed to, by the Applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-08-011; and WHEREAS, the Planning Commission finds that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-08-0 11) has been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), and the Environmental Review Procedures of the City of Chula Vista; and WHEREAS, the Resource Conservation Committee's (RCC) recommended approval of the Mitigated Negative Declaration by a vote of (4-0-0-3) at their May 19, 2008 meeting; and WHEREAS, the Planning Commission set the time and place for a hearing on said Conditional Use Permit (PCC-08-013) 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 1000 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and 13-10 Planning Commission Resolution PCC-08-0 13 Page 2 WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. on June 25, 2008, in the Council Chambers, 276 Fourth Avenue, before the Planning CommissCon and said hearing was thereafter closed; and WHEREAS, the PlaIliling Commission considered all reports, evidence, and testimony presented at the public hearing with respect to subject application. NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the PlaIliling Commission, the Commission has determined that the approval of a Conditional Use Permit (PCC-08-013) is consistent with the City of Chula Vista General Plan and the Zoning Code, and all other applicable plans so that the public necessity, convenience, general welfare and good plaIliling practice support the approval. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION . recommends that the City Council adopt the Mitigated Negative Declaration (lS-8-0 11) and approve a resolution granting the Conditional Use Permit (PCC-08-013) in accordance with the findings contained in the attached City Council Resolution. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION that a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 25th day of June, 2008 by the following vote, to-wit: AYES: Felber, Moctezuma, Vinson, Tripp, Ban6oussan, Clayton NOES: ABSENT: Spethman ABSTENTIONS: . ~ .l _C .~1' I -A William C. Tripp, Chairperson ATTEST: . 2:--. ~~~"-t;~ Diana V argas, Secret~}y J: IPLANN INGIHA RO L DlRESO LI'T! oNSIPCC-08-0 13 PC RESO. DOC 13-11 ~\f? ~~- = 47//9Cf/A</Ct1.JT -3 Planning & Building Department Planning Di vision CITY OF (HULA. VISTA ~ Conditional Use Pe[Jllit o Design Review o Vanance o Special Use Permit (redevelopment area only) o Misc. l!I TYPE A Part 1 Type of Review Requested Application Information Applicant Name XR Promotions, LLC Applicant Address 610 West Ash StreeL Suite #1500, San Dieqo CA 92101 Contact Name Ranie Hunter Phone 16191234-4050 exL 107 Applicant's Interest in Property (If applicant is not the owner, the authorization signature at the end of this form is required to process this requesL) [><J Own 0 Rent 0 Other: Architect/Agent: Contact Name Primary contact is: [><J Applicant Address: Phone: o Architect/Agent [><J Email ofprimarycontact:rhunter\a>otayranch.com General Project Description (all types) Project Name: 2008-2009 CaRR Events Proposed Use: Off-Road Racina General Description of Proposed Project: Please See Attached Appendix A Has this project received pre-application review comments? 0 Yes (Date:) k2l No Subject Property Information (all types) Location/Street Address: Please See Attached Map Assessor's Parcel # Please See Attached Total Acreage: 89 General Plan Designation: OS Zone Designation: Planned Community (if applicable): Otav Ranch (Portion) Current Land Use: Rock Quarrv Redevelopment Area (if applicable): N/A N/A Within Montgomery Specific Plan? 0 Yes k2l No Proposed Project (all types) Type of use proposed: D Residential D Commercial Landscape Coverage (% of lot): D Industrial IZ':l Other: Temoorary Special Event Building Coverage (% of lot): 13-12 276 Fourih Avenue I Chula V,sta I Californra I 91910 I (619) 691-5101 ~\ft- ~ ::: -- Planning & Building Department Planning Division I Development Processing em OF CHUIA VISfA APPLICATION APPENDIX A Project Description & Justification Project Name: 2008-2009 CaRR Events Applicant Name: XR Promotions, LLC Please fully describe the proposed project, any and all construction that may be accomplished as a result of approval of this project, and the project's benefits to yourself, the property, the neighborhood, and the City of Chula vista. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary, For all Conditional Use Permits or Variances, please address the required "findings" as listed in the Application Procedural Guide. DESCRIPTION AND JUSTIFICATION: Temporary Championship Off-Road Racing Event. The proposed proiect is series of temporary off-road racinq events on a portion of the Rock Ouarrv located adjacent to the Otay River Valley, a portion of Olay Ranch Villaqe Three (parkinq) and the western Active Recreation Area within the Olay River Valley (campinq). The 2008 race events will occur on three weekends, July 25Ih_27'h, September 12'h_141h December 5th_71h and December 5th_7'h Also proposed are 6, 1-day practice sessions It is anticipated that two (2) practice days will occur in early sprinq before the CORR season beGins and the remaininq four (4) will occur throuqhout the race season. The 2009 schedule is not available at this time, but will include three (3) race' weekends and six (6) practice days much like the 2008 schedule. CaRR anticipates the 2009 schedule will include one race weekend in June and two races later in the year [thouqh the actual schedule will not be known until early next year (2009)1, The PlanninG Director will have the discretion to approve schedule chanqes. includinq the entire 2009 race schedule, Site preparation will include installation of qrandstands, fencinG of event area, security liqhtinq and storm water BMPs, The racinq venue is proposed within the southern portion of the Rock Ouarry which is no lonqer subject to active mininq operations. General Parkinq will occur on aqriculturalland within a portion of OIay Ranch Villaqe Three, Vehicular entrance to General Parkinq will be off existinG Enerqy Way, Shuttles will transport race attendees from the General ParkinG area to the race track, Vehicular entrances to the race track and VIP/staff/handicaoped parkinq lots will be via existinG dirt roads from Main Street and Heritaqe Road. Event sponsors and the City will provide fire, police and emerqency services, A temporary traffic control plan will be developed to facilitate arrival and' departure from parkinq lot areas. Overniqht campinG is proposed within a 27 acre parcel desiGnated for "Active Recreation" within the MSCP and Otav Valley ReGional Park Concept Plan, Vehicular access to the overniqht campinG will be via existinq dirt roads off of Heritaqe Road. Races will occur durinG daytime hours. Temporarv niqht liGhtinq will be provided The proiect reouires a Conditional Use Permit. Event-related activities include: 1, Races on Saturdays and Sundavs of event weekends. 2. Pre-race track trials and qualifications (Friday before event weekends) 13-13 77F; r="lldh A\lpnlIP 1 r:hIIL'1 \Jistr:! I C:;::;lifomia I 91910 I (619) 691-5101 3. Friday throUGh Sunday GyerniGht campinG for race participants and event attendees on event weekends. 4. Event Parkinq. 5. Niqht liqhtinq 6. Limited Fireworks. 7. Live music before, durinq and after race events. 8. 6 days of track testinG, practice, qualifyinG and trials durinG daytime hours only throuqhout the year. The proposed proiect will benefit many of the businesses in Chula Vista. With an expected attendance of UP to 24,000 spectators over each race weekend, many event participants will be stayinq in local hotels, eatinq at local restaurants and shoppinq at local retail centers. These activities will also benefit The City of Chula Vista because of the sales tax revenues they qenerate. Chula Vista should also expect to benefit from the national exposure provided by hostinq an event covered by NBC. Assessor's Parcel #'s: . 644-060-06 . 644-060-07 . 644-060-08 . 644-060-09 . 644-060-11 . 644-060-\2 . 645-030-19 13-14 . _"t... ^ .__.._ I ,.-.1-. .I~ \I:~j._ I r~t;f~~~;~ I nH11(1 r::::iO\ :::':01_C::;1il1 ~ 1ft-- :-~-- APPLICATION fII DEVELOPMENT PROCESSING I!I TYPE A Part 2 CITY OF CHULA VISfA Residential Project Summary Type of dwelling unit(s): N/A Number of lots: Dwelling units: PROPOSED EXISTING 1 Bedroom 2 Bedroom 37 Bedroom TOTAL Density (DU/acre): Maximum building height: Minimum lot size: Average lot size: _ Parking Spaces: Required by code: Provided: Type of parking (i.e. size; whether covered, etc.): Open space description (acres each of private, common, and landscaping): Non-Residential Project Summary Gross-floor area: WA Proposed: Existing: N/A Building Height: N/A Hours of operation (days & hours): Race Day Schedule: 7am to 7pm (except Frl. lOam to 5pm); Limited weekday testinq 8am to 5pm. Anticipated number of employees: 40 Staff Maximum number of employees at anyone time: 40 Staff Number and ages of students/children (if applicable): N/A Seating capacity: 12,000 Parking Spaces: Required by code: N/A Provided. 7440 Approximately Type of parking (I.e. size; whether covered, etc.): Open field Authorization Print applicant name:XR Promotion~. LL /::7')<~-~\ Applicant Signature: -.1//"\ 7 } ? ---!., -.-----' Date: . I II! 'In \--- ;1 L/ L/ , . Print owner name': X~LL.c! . " b rJ ! Owner Signature*:J/ ~/1 L (:L-~ Date: /, / ~ ! / I( n.'--- / /~ U ,) .,. Note: Proof of ownership may be required. Letter of consent may be provided in lieu of signature. 13-15 276 Fourth Avenue I Chula Vista I California I 91910 I (619) 691-5101 ~ If,;- ~~- ~~- ~ Planning & Building Department Planning Division I Development Processing ell'{ OF CHULA. VISTA APPLICATION APPENDIX B Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. Jim Baldwin 2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. Jim Baldwin 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. N/A 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. Kim John Kilkennv Ranie Hunter Rob Cameron Lex WHliman Kent Aden 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 D..-- No ~ If Yes, briefly describe the nature of the financial interest the official" may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No ~ Yes 0 If yes, which Council Member? n 1 b 276 Fourth Avenue I Chula Vista I California I 91910 I 1619\ 691-5101 ~\rt- -@il'- '.~ CllY Of CHULA VISfA Planning & Building Department Planning Division I Development Processmg APPLICATION APPENDIX B Disclosure Statement - Page 2 7. Have you provided more than $340 (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 D- No L81- . If Yes, which official" and what was the nature of item provided? Date: rl/I (O~ I ! Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. 13-17 ?7R Fnmth t'wpnllA 1 c.hula Vista I California I 91910 1 (619) 691-5101 ~N?- :::-- ~ - ---= Planning & Building Department Planning Division I Development Processlng CITY OF CHUlA VISTA APPLICATION APPENDIX C Development Permit Processing Agreement Permit Applicant: Applicant's Address: Type of Permit: Agreement Date: Deposit Amount: XR Promotions LLC 610 West Ash Street. Suite 1500. San Dieqo. CA 92101 Conditional Use Permit This Agreement ("Agreement") between the City of Chula Vista, a chartered municipal corporation ("City") and the forenamed applicant for a development permit ("Applicant"), effective as of the Agreement Date set forth above, is made with reference to the following facts: Whereas, Applicant has applied to the City for a permit of the type aforereferenced ("Permit") which the City has required to be obtained as a condition to permitting Applicant to develop a parcel of property; and, Whereas, the City will incur expenses in order to process said permit through the various departments and before the various boards and commissions of the City ("Processing Services"); and, Whereas the purpose of this agreement is to reimburse the City for all expenses it will incur in connection with providing the Processing Services; Now, therefore, the parties do hereby agree, in exchange for the mutual promises herein contained, as follows: 1. Applicant's Duty to Pay. Applicant shall pay all of City's expenses incurred in providing Processing Services related to Applicant's Permit, Including all of City's direct and overhead costs related thereto. This duty of Applicant shall be referred to herein as "Applicant's Duty to Pay." 1. 1. Applicant's Deposit Duty. As partial performance of Applicant's Duty to Pay, Applicant shall depositthe amount aforereferenced ("Deposit"). 1.1.1. City shall charge its lawful expenses incurred in providing Processing Services against Applicant's Deposit. If, after the conclusion of processing Applicant's Permit, any portion of the Deposit remains, City shall return said balance to Applicant without interest thereon. If, during the processing of Applicant's Permit, the amount of the Deposit becomes elhausted, or is imminently likely to becorne exhausted in the opinion of the e City, upon notice of same by City, Applicant shall forthwith provide such additional deposit as City shall calculate as reasonably necessary to continue Processing Services. The duty of Applicant to initially deposit and to supplement said deposit as herein required shall be known as "Applicant's Deposit Duti'. 2. City's Duty. City shall, upon the condition that Applicant is no in breach of Applicant's Duty to Payor Applicant's Deposit Duty, use good faith to provide processing services in relation to Applicant's Permit application. 2.1 City shall have no liability hereunder to Applicant for the failure to process Applicant's Permit application, or for failure to process Applicant's Permit within the time frame requested by Applicant or estimated by City. 13-18 ?7h Fnllrth Avenue I Chula Vista I California I 91910 I (619) 691-5101 ~\(?- ~~ Planning & Building Department Planning Division I Development Processing CIlY OF CHULA VISfA Development Permit Processing Agreement - Page 2 2.2. By execution of this agreement Applicant shall have no right to the Permit for which Applicant has applied. City shall use its discretion in valuating Applicant's Permit Application without regard to Applicant's promise to pay for the Processing Services, or the execution of the Agreement. 3. Remedies 3.1. Suspension of Processing In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the right to suspend and/or withhold the processing of the Permit which is the subject matter of this Agreement, as well as the . Permit which may be the subject matter of any other Permit which Applicant has before the City. 3.2. Civil Collection in addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the right to collect all sums which are or may become due hereunder by civil action, and upon instituting litigation to collect same, the prevailing party shall be entitled to reasonable attorney's fees and costs. 4. Miscellaneous. 4.1 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreernent must be in writing: All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested at the addresses identified adjacent to the signatures of the parties represented. 4.2 Governing LawNenue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. 4.3. Multiple Signatories. If there are multiple signatories to this agreement on behalf of Applicant, each of such signatories shall be jointly and severally liable for the performance of Applicant's duties herein set forth. 4.4. Signatory Authority. . This signatory to this agreement hereby warrants and represents that he is the duly designated agent for the Applicant and has been duly authorized by the Applicant to execute this Agreement on behalf of the Applicant. Signatory shall be personally liable for Applicant's Duty to Pay and Applicant's Duty to Deposit in the event he has not been authorized to execute this Agreement by Applicant. 4.5 Hold Harmless. Applicant shall defend, indemnify and hold harmless the City, its elecled and appointed officers and employees, from and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense (inclucJing without limitation attorneys' fees) arising out of City's actions in processing or issuing Applicant's Permit, or in exercIsing any discretion related thereto including but not limited to the giving ot proper environmental review, the holding of public hearings, the extension of due process rights, except only for those claims, suits, actions or proceedings arising from the sole negligence or sole willful conduct of the City, Its officers, or employees known to, but not objected to, by the Applicant. Applicant's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Applicant, at its own expense, shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Applicant's Indemnlilcation of City shall not be limited by any prior or subsequent declaration by the 13-19 ?71i Fnllrth Avenue I Chula Vista I California I 91910 I (6191691~6101 ~\(?- ~.. ._~ - Planning & Building Department Pimming Division I Development Processing CITY OF CHULA VISTA Development Permit Processing Agreement - Page 3 Applicant At its sole discretion, the City may participate at its own expense in the defense of any such action, but such participation shall not relieve the applicant of any obligation imposed by this condition. 4.6 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this agreement against the City unless a claim has first been presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1 .34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are 'Incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement Now therefore, the parties hereto, having read and understood the terms and conditions of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. City of Chula Vista 276 Fourth Avenue Chula Vista, CA Daled: By: Dated: I}ii /0<6 , 610 West Ash Street. Suite 1500 ( ~/~.' '~)'/Z"i i San DieDo, CA 92101 ,c, ..;/ / II I I j' /' /;, .~/- ~ /' Y----. /G - A-v~ XR Promotions. LLC By: 13-20 ')78 r::::-,,"rlh 6\1on""" I rh"I:::o \/id::\ 1 r;:::liif"rnr;: ! Q101n ! [R,OI RQLS1n1 Mitigated Negative Declaration 47//'K-II-M PROJECT NAJvlE: PROJECT LOCATION ASSESSOR'S PARCEL NO.: PROJECT APPLICANT: CASE NO.: DATE OF DRAFT DOCillvlENT: DATE OF RESOURCE CONSER V A TION COMMISSION MEETING: DATE OF PLANNING COMMISSION HEARING: DATE OF CITY COUNCIL HEARING DATE OF FINAL DOCillvlENT: PREPARED BY: Conditional Use Permit for the 2008-2009 Temporary Championship Off-Road Racing Events East of the existing terminus of Main Street, east of Heritage Road 644-030- 19-00, 644-060-06-00, 644-060-07-00, 644-060-08-00,644-060-09-00,644-060-]2-00 XR Promotions, LLC IS-08-0] 1 Apri] 25,2008 May ]9,2008 June 25, 2008 July 8, 2008 June 9, 2008 Glen Laube, Senior Planner Revisions made to this document subsequent to the issuance of the Notice of Availability of the draft Mitigated Negative Declaration are denoted by underline. A. PROJECT SETTING The proposed project site is located within a portion of Otay Ranch, in southern San Diego County, California (Figure 1). The proposed project site occupies 175.6 acres generally located east of the Main Street I Heritage Road intersection, in the City of Chula Vista as shown in Figure 2. Geographically, the project site is comprised of three distinct areas, which include the general admission parking area, racetrack (and associated supporting uses), and lower camping area. The general admission parking is located within the development area of the Otay Ranch Village Three Sectional Planning Area (SPA) Plan and is comprised of lands that are disturbed as a result of ongoing agricultural operations. The racetrack area which includes the track, pit areas, grandstands, and upper camping area is located within a portion of the existing Rimrock quarry in areas that have been fully disturbed as a result of continued mining operations. Lastly, the lower camping area is located south of the racetrack, across Olay River, and is also comprised of lands that are disturbed as a result of ongoing agricultural operations. Page 1 on 7 13-21 J / --~ Orange Coun ty 8 ~ ^; if; u " ~ ~ " , " " , 0 z " 0 z , "- ~ ffi ~ ~ , ., ;; N 0 o ...~....--. lMiles 4 8 ~- ------. ~ ----. ~-. Riverside County Fallbrook '" Camp Pendleton \\, Va ley Center Escondida DelMar \ laJola ~ Alpine Imperial Beach o~ '. . - :'. .,".......,..',.,.__. -----.-.-- - ~"""., O@mo,,-,_ ,,<;,; . _..____ OtayM~__ Mexico 2008-2009 Temporary Championship Off-Road Racing _ MND I fIG~RE I Regional Map 13-22 " ~ m " ~ ~ m " E z. ~ ~I " " , o z ~ z , n I ~ , 0; i;; N '",' ,:~.:;;;..LJ,"_ - lll}"':l;"---- - ..- ".- -- .j. . <> O^ """, " -.,:.' " ,0 ,....,'" ,_'6- v '81" -'- " _l~ .., t~ ,.'1'>1 . '\~<'" "'~'-' "1' ;\~'~.f",.,ii ' "~~ sJli f; :;7/';'''-; - - ,'_,.... Ir,,--'O.,- I J~ I.' '1, r '...~ /...:;: ~;H 0 \Ii ~ l-' I F 1. D .' L -- ~ ' . 13 "G~'~" ~" .,.-u-::-'~'-.L~~':~ X I L I A R Y ,\, P. S 1 A T I ,] " ~'J:h n__nn '-Co, f"oo' ;', i, iuol ~Z2 ~.""'-~-'n y~ p.. 1 "v ? f I:'~~~-.';r:::~>~-~.,~_.. _,' '~@-~t,-. I." ..--:., - ~, F:fw....~rt~--:.~-~ I 'Sdj;;: _':;"'~:-:; Sl6 -'<"~ .-,- .' :~ ,j,~ ,j M'"'M ,=Jil:,::":~::~:~~,:,- oj h~' ,:',' .~:~; '.;'- !,"' '.$;;$-,<' .( " /,-' ..,;U . , , , :- ',-" ,. ",1>' -r , ,>-. ~ ~. 1.-' .' , ~b ,... c "; " .<'$"'''' ;,' ): .' ~ ~1" .' . , " , if , ,<,0 -:-.,.,,-. ...:- l-fll~f;f)p..~Tf . ~'< " '>, b /'-.. \ :~ Bird Ranch". :;}.;... __~~-,-. _:Wa '\ ; " . 29 ~ '"' o ~ ,. BASE MAP SOURCE: legend ~Shu!tle!~ccess = Vehicle Access IMPACT TYPE: i c::=J Parking - Village 3 ! ~~ Parking/Camping/Pits i ~~~1 Camping i~Track i~VIPparking :~"l!!ITV I l~UnusedAdoPtedArea ..." ~c~ o ' ~ C0rc~~,~;/,~.; ~c~ ;c"~ '" " " , /, '-'-, ,'. \.....'-~-;,.~ . ..,f~:.',(/:-' .- ,,/_ 0') ./ .',"/ / ._/)v , ./- :':"- b '\ ~ 'I OTA'i ..:22 I 2008-2009 Temporary Championship Off-Road Racing Vicinity MND \ FIGURE \ Map 2 13-23 Access to the racetrack from the general admission parking and lower camping areas is provided by several existing, unimproved access roads. The project site, specifically the racetrack and lower camping areas, are bordered on all sides by preserve lands designated by the City's MSCP Subarea Plan. Preserve areas adjacent to the project site include Wolf Canyon located east of the general admission parking area and the Otay River Valley corridor, which separates the racetrack trom the lower camping area. The existing conditions on the quarry site consist of land that has been fully disturbed by ongoing aggregate mining and processing operations. Current mining operations include rock drilling, blasting, resource extraction and processing, stockpiling of construction aggregate and waste products, and transportation of processed materials from the site to serve the market. Mining on this portion of Otay Ranch has been ongoing since the early 1920s. Materials processing (crushing, screening, sorting, and stockpiling), loading, and hauling activities have been completed at the site being proposed for a racetrack. Mining, involving blasting, excavating, loading, and hauling aho occurred on the proposed project site, and slowly moved northward as design elevations were reached. Operations were conducted up to 7 days per week, up to 24 hours per day, with extended hours in response to particular construction projects in the regIOn. As previously stated, the proposed racetrack, parking areas and other uses associated with the proposed project were intentionally sited and designed within fully disturbed areas. The intent of siting the project within previously disturbed areas was to avoid direct impacts to adjacent pres;"rve areas. However, the southernmost portion of the project, including portions of the pit and vendor areas, is located within an area designated as Preserve within the City's MSCP Subarea Plan: This area was previously disturbed as a result of an unauthorized encroachment by a former quarry operator, Subsequent to the encroachment, the quarry's reclamation plan boundary was amended in 2006 to include the expansion area. To compensate for the southem encroachment, the amended reclamation plan was required to contain a conceptual restoration plan designed to restore this area back to a level consistent with the adjacent undisturbed Preserve areas following the completion of phased mining activities as described therein. Surrounding land uses within the general vicinity of the project site include future Otay Ranch Village Three and the Otay Landfill to the northwest, developed residential uses to the south, and the Cricket Wireless Amphitheater and Knott's Soak City V:.a!~r Park to the southwest. PRIOR APPROVALS AND ENVIRONMENTAL DOCUMENT AnON Olav Ranch General Develoomenl Plan/Subre"ional Plan Prorzram EJR The Final Program Environmental Impact Report (Program EIR #90-01) for Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) was prepared and certified jointly by the City of Chula Vista and County of San Diego. The Program EIR 90-01 addresses the environmental impacts of implementation of the Otay Ranch GPNGDP/SRP and related documents, which include Facility Implementation Plans, a Village Phasing Plan, Phase One Resource Management Plan (RN1P), and a Service/Revenue Plan. Page 40f37 13-24 As part of Program fIR 90-0 L a Mitigation Monitoring and Reporting Program (MMRl') was prepared to define implementation of the mitigation measures described in the Program fIR. Relative to the project site, the Program fIR identified significant noise, biological resources, air quality, geology, cultural resources, paleontological resources and cumulative agricultural resource impacts associated with build-out of the site in accordance with the GDP. Villaze Two. Three and Four (Dortion) SF A Plan and TM Second Tier EIR The primary parking area for the proposed project is located within the Otay Ranch Village Three plarming area. In accordance with the General Plan and Gtay Ranch GDP, the site (as part of Village Three) is planned for industrial and open space uses. A SPA Plan has been prepared for Otay Ranch Villages Two, Three and portion of Village Four. A final EIR was certified for the proposed SPA and 1M (ElR #02-02), on May 23, 2006. The EIR addresses buildout of Village Three in accordance with the SPA. Industrial uses are planned for the proposed event parking area. The EIR identified the following environmental issue areas as significant and unmitigable: Relative to the project site, this Second Tier EIR identified significant noise, biological resources, air quality, geology, cultural resources, paIeoloptological resources and cumulative agricultural resource impacts associated with build-out of the site. Mitigation measures were provided to reduce impacts to these resources. Issues addressed in the fIR that are relevant to the proposed action include potential impacts associated with air quality, cultural resources. hazards and hazardous materials, water quality. paleontological resources, and geology and soils. In addition, data from biological surveys for this project were used to address biological impacts for the proposed 2008-2009 CORR events. Hanson Az,!rezates Pacific Southwest. lnc.. Otav Ranch Pit Amended Reclamation Plan. J'vfND The VIP parking area, pit area, track, and grandstands are fully located within the existing boundaries of the Otay Ranch Quarry Reclamation Plan. In April 2006, the State Mining and Geology Board prepared an MND that evaluated an amendment to the site's original reclamation plan approved by the County of San Diego in 1980 (RP79-09). The amendments included adjusting limits of the active quarry operations to include areas that were disturbed by a former quarry operator as a result of on-going extraction operations, The proposed amendments revised the current reclamation plan boundaries to include approximately 38 acres of fully disturbed land and eliminate approximately 29 acres of undisturbed land located within adjacent Wolf Canyon. Additionally, the proposed reclamation plan included a revised termination date for surface mining operations, identified a post mining land lise, established monitoring criteria for mining operations, and provided a conceptuallandscape/restoration plan and phasing for implementing the ultimate reclamation design. The MND addressed impacts associated with cultural resources, hazards and hazardous materials, and found them to be significant but mitigable. Page 5 of37 13-25 Mili"ated Ne~ative Declaration (jl,fND) for a Conditional Use Permit for a Temoorarv Chamoionshio Off-Road Race (AfND 13-07-030) As discussed in Section A, the proposed project site was previously used for off-road racing activities in 2007 as addressed in the MND for a CUP for Temporary CaRR (IS-07-030) dated May 29, 2007. The environmental analysis in MND IS-07-030 addressed the potential impacts to the environment from event operations including site preparation, race activities, and post race clean-up. Issues addressed in the MND include Aesthetics, Air Quality, Agricultural Resources, Biological Resources, Cultural and Paleontological Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise Public Services, Transportation/Traffic, and Utilities and Service Systems. MND IS-07-030 concluded that the proposed project would result in potentially significant impacts associated with air quality, cultural and paleontological resources, geology/soils, hazards and hazardous materials, hydrology/water quality, public services, and transportation/traffic. All impacts were determined to be reduced to below significance tluough project design features and mitigation measures. This document is incorporated by reference and is available for review at the City of Chula Vista Planning and Building Department, 276 Fourth Avenue, Chula Vista, CA. (Addendum 10 Mil/zated Ner.ative-Declaration 13-07-030) Following the first event held in June of2007, an addendum to MND IS-07-030 was prepared in order to address minor changes to the previously approved project that would effectively improve event operations and internal access for the next scheduled race event on September 28- 30,2007. The proposed changes included an expansion of the Otay Ranch Village Three parking area and a new parking/camping area within the boundaries of the existing quarry. Based on the results of the updated technical studies, the proposed changes to the project would not result in any new environmental effects that were not considered in the MND IS-07-030, nor would the changes increase the severity of any of the impacts previously identified in MND IS-07 -030. No new information of substantial importance became available after the preparation of the project MND. The mitigation measures identified in MND IS-07-030 were equally applicable to the revised project and were implemented in accordance with the adopted Mitigation Monitoring and Reporting Program (MMRP). B. PROJECT DESCRIPTION The proposed project involves a Conditional Use Permit to operate two seasons (2008 & 2009) of temporary, off-road racing events within a portion of the existing Rimrock Quarry currently used for material stockpiling and equipment storage (Figures 1 and 2). The 2008 race events will occur over three non-consecutive weekends: July 25-27, September 12-14, and December 5-7. The 2009 schedule is not .available at this time; however, race events are anticipated to be comparable to the 2008 event schedule with three non-consecutive weekend events tentatively scheduled between mid-June through November of 2009. Race-day events will generally occur from 7:00 am - 7:00 pm with restricted testing and qualifying sessions occurring on the Friday before each race event from'rG.:OO amc 5:00 pm. Page 6 of 37 13-26 Event-related activities include: . Racing on Saturdays and Sundays of event weekends. . Pre-race track trials and qualitlcations (Friday before event weekends). . Friday through Sunday overnight camping for race participants and event attendees on event weekends. . Event Parking. . Shuttles carrying spectators from the parking and camping areas to the race track. . Live music (not concerts) before, during and after race events. . Nighnime security lighting. Event racing will include six competition classes comprised of A TV" s, Single Boggy, Super Buggy, Pro 4 (truck), Pro 2 (truck), and Pro Lite (truck). Each vehicle class will race once per day, with the exception of Pro Lite, which would run twice/day, for a total of seven races per day with each race separated by 15 to 20 minute' intervals to allow for track grooming and watering. The number of participants and laps associated with each race is dependent upon vehicle class ranging from Super Buggy (38 participants running 10 laps) to Pro Lite (14 participants running 16 laps). In addition to the event weekends, six one-day practice sessions are also proposed for both the 2008 and 2009 race seasons. Practice sessions are anticipated to occur throughout the race season. Practice sessions for the 2008 race season are preliminarily scheduled to occur as follows: two practice sessions between June 16 and July 23, two practice sessions between August 1 and September 10, and two practice sessions between September '21 and December 31. Although the 2009 schedule is not available at this time, two practice sessions would be anticipated to occur between January I and February 14, two between June 16 and September 15, and two between September lSand December 31. The City will be given two weeks notice prior to each practice session. Non-event practice sessions are not open to the general public. Non-event practice session activities include: . Practice from 9:00 a.m. to 5:00 p.m. (will not run concurrent with quarry operations). Between 15 and 40 teams. A maximum of 12 vehicles on the track at anyone time. A maximum of61aps run by a vehicle at anyone time. Self-contained pit areas for tuning vehicles. An ALS ambulance and CORR safety truck on-site. . . . . . The nature of practice sessions is such that vehicles are not running constantly. . There are continual interruptions during these sessions, including teams working on their vehicles in the pits, watering the track to control dust, and clearing the track to tow vehicles which have stopped running. As a result of these frequent interruptions, practice sessions do not run constantly. The site layout and orientation of uses for the proposed project are graphically depicted on Figure 3. The site plan includes a temporary racetrack, stands/bleachers for spectators, food areas, pit areas for race participants, camping areas, and parking areas. Page70f37 13-27 ~~, ~;~, ~'-':'i.,;" W.,!)\ ~';'i\ ~-\ fil ~\ ~ ~ ~ 0:; li,. f-Ill i go ~ .[ ~~~~~ ( , , , o , i \ , I .\ \ i 5 0 0 ~ , i u ,- 0 ci: " " ci: . . . [ 0 , u e 0 ~ . ci: ...... ;...~; ~,.. , '..~..:~:.:\ II cry I CO '" Z " "'" - '" = '" c " .u .... ~ "'" -g '" '" Q ~ ~ I- 0:> CO '" '" " c: c "C 0 0:> "g- on ~ c Co U c ~ ~ ~ C- o = c ~ e- m co co ~ 00 co co ~ ,. 13-28 Overnight camping is proposed within two designated areas: the upper camping area which is located within the existing quarry site, and the lower camping area within a 27-acre parcel designated for active recreational uses within the City's General Plan. The project includes fencing to provide security and to prevent unauthorized access to adjacent Preserve areas. The project has been designed to maintain a minimum buffer of 100 feet to the MSCP Preserve around the general admission parking area and lower camping site. Areas where a 100-foot bulTer cannot be established are separated from the preserve by topographic features, existing berms, and/or fencing. The location of the track was sited in a manner that makes effective use of the existing topography and earthen berms as noise attenuation features. Specifically, an approximate 1"5 foot-high shear rock face separates the track from the adjacent open space areas located to the east. Similarly, "an existing earthen berm approximately 6,500 feet in length and ranging from 10 to 14 feet in height, separates the main access road, track, pit, and vendor areas from open space areas located to the south.' In addition, the proposed project also includes installation of noise attenuating vinyl sheets on the back of the grandstands south of the racetrack. Vehicular access to the general admission parking area located within Otay Ranch Village Three will be provided via ex.isting Energy Way. Vehicular entrances to the racetrack, VIP and handicapped parking lots, and the upper camping area. will be provided via Wiley Road (existing quarry access) from Main Street. Access to the lower camping area is provided via an existing unpaved access road located off of Heritage Road. Pedestrian access through Wolf Canyon and across the Otay River will be prohibited. The event organizer will provide shuttles to transport race patrons from designated pick-up/drop-off locations within the general admission parking area and lower camping area to the racetrack. Parking for the event includes 2,847 spaces for general admission and VIP parking and 39 handicapped parking spaces consisting of 5 van accessible spaces and.J4 automotive spaces. Access to the general admission parking area in Otay Ranch Village Three will require minor modifications to the cul-de,sac located at the eastern terminus of Energy Way. Modifications to the Energy Way cul-de-sac include temporary replacement of the existing curb and chain link fence with asphalt driveway, and ancillary BMPs including but not limited to crushed gravel and/or "rumble plates". Post-event activities consist of site clean up and installation of BMPs in accordance with the quarry's existing SWPPP. All trash and debris generated by the proposed project, including containers with hazardous materials/waste, will be removed and properly disposed of in accordance with local, state, and federal laws. Page 9 of 37 13-29 DISCRETIONARY ACTIONS/OTHER PROJECT APPROY ALS A Conditional Use Pennit (CUP) will be required to conduct the proposed temporary race events and non-event practice sessions. The following additional approvals will be required in order to implement the proposed project. . City of Chula Vista Engineering: approval of the Stormwater Pollution Prevention Plan (SWPPP) and Traffic Control Plan; City of Chula Vista Police Department: approval of Security Plan and Tramc Control Plan; and City of Chula Vista Fire Department: approval of Emergency Medical Plan. . . C. COMPLIANCE WITH ZONING AND PLANS The majority of the project site is part of the Otay Ranch General Development Plan (GDP) and Resource Management Plan (RJvlP). The GDP and RJvlP were approved by the County of San Diego and the City of Chula Vista in October of 1993. The GDP identifies conceptual development, circulation and open space plans. It is contemplated that each Village of Otay Ranch will be developed in accordance with a Sectional Planning Area (SPA) Plan, which will outline specific development standards and regulations and will function in the same manner as zoning regulations. Areas of the project site not covered by the Otay Ranch GDP include the track and pit areas located within the active quarry site. Those portions of the project are located in an area identified as "not a part" in the Otay Ranch GDP and RJvlP would not be subject to any of the requirements ofthe RJvlP or GDP, including conveyance requirements. Current zoning for the site is Planned Community (PC). However, specific Planned Community District Regulations have not yet been adopted, and will be required as part of a future development within this area. The proposed activities will be a conditionally permitted use within the PC zone subject to a CUP. Because the use is temporary, it will not require amendments to the Chula Vista General Plan, or the Otay Ranch GDP. Otay Ranch Pit Reclamation Plan The Otay Ranch Pit Reclamation Plan was prepared in accordance with the Surface Mining and Reclamation Act (SMARA) of 1975. The reclamation plan details (I) the beginning and expected ending dates for each phase of mining activities; (2) all reclamation activities required; (3) criteria for measuring completion of specific reclamation activities; and (4) estimated costs for completion of each phase of reclamation. The total land area included in the adopted reclamation plan totals 157.7 acres. As described in the reClamation plan, the ultimate reclamation of the quarry would occur in a manner that would facilitate future development within this area consistent with the City.s General Plan. Additionally, the adopted reclamation plan includes a biological restoration plan designed to restore previously disturbed Preserve areas back to a level consistent with the surrounding undisturbed open space Preserve areas to the south. Reclamation of the disturbed Preserve areas is not scheduled to occur until the completion of extraction activities associated with Sub-phase 5.3 and Sub-phase 5.4, respectively, which is Page 10 of37 13-30 approximately 25 years from present. Given the temporary, short-term nature of the project. no adverse impacts are anticipated that would prevent the ultimate reclamation of this site as detailed in the currently approved reclamation plan RP 79-09. City o{Chula Vista Multiole Soecies Conservation Prof!ram Subarea Plan The Multiple Species Conservation Program (MSCP) Subarea Plan was prepared by the City of Chula Vista in coordination with the Federal and State Regulatory agencies in order to implement the MSCP Subregional Plan within the City of Chula Vista. The City Council adopted the MSCP Subarea Plan on May 13,2003. Subsequently, the Wildlife Agencies issued the City a Take Permit and signed the Implementing Agreement granting the City Take Authorization on January 1 1,2005. The existing q~larry site is recognized by the City's MSCP Subarea Plan as a legal, non- conforming use, in operation at the time the underlying zone was established. As such, existing mining activities have continued to operate under legally existing permits. The City's MSCP Subarea Plan designates areas surrounding the quarry site as development areas of a covered project. Potential indirect impacts to the City's MSCP Subarea Plan are discussed below in Section E. Otav Vallev Rezional Park Conceot Plan The Otay Valley Regional Park (OVRP) Concept Plan was adopted in July 1997 by the Cities of San Diego and Chula Vista, and the County of San Diego. The OVRP identifies active recreation areas that are not a part of the Preserve, but are surrounded by Preserve areas. The OVRP Concept Plan does not change. existing zoning or planned land uses, or add new development regulations, nor does it preclude private development in designated recreation areas consistent with existing zoning or planned land uses. The proposed project is a temporary use and would not prohibit future planning or use of the area, as contemplated in the OVRP. D. PUBLIC COMMENTS On February IS, 2008, a Notice of Initial Study (N0l) was circulated to property owners and residents within a 500-foot radius of the proposed project site, as well as other interested parties. The notice period ended February 25, 2008. One written comment letter was received during the public review period and included comments pertaining to the project's consistency with the City's Multiple Species Conservation Program (MSCP) Subarea Plan. These issues are addressed in the Mitigated Negative Declaration sections below. _", On April 25, 2008 a Notice of A vailabilitv of the Proposed Mitigated Negative Declaration for the proiect was posted in the County Clerk's Office and circulated to property owners and residents within a 500-foot radius of the proiect as well as those individuals who have requested to be notified but who are located beyond the 500-foot radius. The 30-day public comment period closedowMay 25:',2008. Page 11 of37 13-31 The City received two comment letters during the 30-dav public review period (Attachment B. comment letters 'A' and'S'. respectively). Comment letter 'A' was submitted bv Flat Rock Land Companv. LLC and Otay Land Companv via Luce, Forward. Hamilton & Scripps. LLP ("Luce Forward"). The issue raised bv Luce Forward relates to the Applicant's proposed access to the site through lands not owned by the Applicant. Luce Forward also expressed a concern regarding the potential to establish a long- term or permanent facility within the quarry. . Comment letter 'B' was a ioint letter submitted by the Californian Department of Fish and Game and US Fish and Wildlife Service ("Wildlife Agencies"). The Wildlife Agencies expressed a concern with the proiect's consistency with the City's MSCP Subarea Plan. The issues raised in these letters have been addressed in the Mitigated Negative Declaration and attached checklist. as well as in the attached response to comments (Attachment "B"). E. IDENTIFICA nON OF ENVIRONMENTAL EFFECTS An lnitial Study conducted by the City of Chula Vista (including the attached Environmental Checklist form) determined that although the proposed project could have a significant environmental effect, there would not be a significant effect in this case because mitigation measures described in Section F below have been added to the project. Therefore, the preparation of an Environmental Impact Report will not be required. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. Air Quality To assess the potential air quality impacts of the project, an air quality assessment was prepared by Scientific Resources Associates (2008). The results of this analysis are summarized below. Thresholds o(Sieni(icance To determine whether a project would create potential air quality impacts, the City evaluates project emissions thresholds in accordance with the South Coast Air Quality Management District (SCAQMD) standards. Short. Term Ooerational Emissions Short-term operational emissions were modeled to include spectator vehicles, RVs, concession support vehicles, shuttle buses, race participant vehicles, and water trucks. Emissions for offroad racing vehicles were based on recreational vehicle emission factors from the California Air Resources Board's (~ARB) OFFROAD2007 model. To estimate emissions associated with project-generated traffic, the URBEMIS Model, Version 9.2.4 was used. Page 12 of37 13-32 The results of the air quality modeling for short-term operational emissions are presented below in Tables 1 and 2. Based on the modeling results for unmitigated operational emissions (Table 1), the proposed project would exceed the SCAQMD's thresholds for CO. PM1o, and PM". Other project emissions associated with operational activities, including CO. VOc, NO" and sax, would not exceed SCAQMD thresholds. SUMMER TOTAL WINTER TOTAL SCAQMD Threshold Above Threshold? There will be ] 5-minute intervals between races, during which time trucks would spray water on the track to control fugitive dust; thus there will be a minimum of 7 passes (7 races per day). Based on the control efficiency in the URBEMIS model, 3 passes of watering per day provides a 6] percent control efficiency on unpaved roads; therefore it was assumed that 6 passes per day would provide a 90 percent control efficiency. This would be consistent with the SCAQMD . CEQA Air Quality Handbook (SCAQMD ] 993), which projects a control efficiency of up to 85 percent for watering three times daily on unpaved roads. Table 2 below presents a summary of mitigated operational emissions following implementation of dust control measures to control fugitive dust. Implementation of this mitigation would reduce emissions of PM10 and Pl'v'lzs to below the significance thresholds. . TABLE 2: Mitigated Short-Term Operational EmissiOns SUMMER TOTAL WINTER TOTAL SCAQMD Threshold Above Threshold? 64.36 67.32 100 No 0.75 0.75 150 No 135.27 135.29 150 No 18.39 18.42 55 No The mll1gation measures contained in Section F would reduce short-term operational related impacts to a level of less than significant. These measures are included as a part of the Mitigation Measure Monitoring.and Reporting Program. Non-evenl Proclice Session Emissions Practice sessions would be held prior to the racing events. Emissions were calculated in the same manner that was used to determine event-related emissions, and the results are presented below in Tables 3 and 4. Short-term operational emissions were modeled for practice attendee vehicles, . transport vehicles, and race participant vehicles. Page130f37 13-33 Based on the modeling results for urunitigated non-event practice session emissions (Table 3), the proposed project would exceed the SCAQMD's thresholds for PMIO. Other project emissions associated with operational activities, including CO, Voc, NOx, SO" and PM2; would not exceed SCAQMD thresholds. SUMMER TOTAL WINTER TOTAL SCAQMD Threshold Above Threshold? Table 4 below presents a surrunary of mitigated operational emissions following implementation of dust control measures to control fugitive dust. Implementation of this mitigation would reduce emissions of PMIO to below the significance thresholds. Impacts would be less than significant with mitigation incorporated. SUMMER TOTAL WINTER TOTAL SCAQMD Threshold Above Threshold? 7.14 7.00 75 No 49.84 49.84 150 No 5.48 5.48 55 No Implementation of the mitigation measures in Section F below would reduce potential air quality impacts associated with non-event practices sessions to a level ofless than significant. CO Analvsis (Hot Soots) In order to determine the potential for significant air quality impacts associated with CO emissions, an evaluation of CO hot spots was completed. This was done to determine if the proposed project emissions would exceed the acceptable regional criteria and violate the California ARB's CO standard of20 ppm averaged over one hour. The intersections evaluated included Nirvana Road and Main Street, where vehicles would turn from Main Street to access the parking lot; and the intersection of Nirvana Road and Energy Way, where vehicles would turn to access the parking lot. Future CO projections for these intersections were modeled using the existing lane configurations. The projected traffic volumes were then modeled using the CALINE4 dispersion model and the resultant values were added to the ambient concentration. Based on the results of the CO hot spot analysis, the proposed project would result in a maximum-one hour concentration of 5.7 ppm at the intersection of Nirvana Page 14 of37 13-34 Rood and Main Street, which is below CARB's significance threshold of 20 ppm. Therefore, impacts associated with CO emissions are considered less than significant. Global Climate Char/!;;e Greenhouse gas emissions associated with the proposed project were estimated for vehicles using the URBEMIS and EMFAC2007 Models. Emissions of CO2 would be 7.81 tons from transport and concession vehicles and shuttle buses. FOr practice sessions, emissions from participants traveling to the site would be 7,541 pounds, and racing vehicle emissions would be 3.07 tons. Emissions of CO2 from vehicles traveling to the site would be 36,564 pounds per summer day and 36,004 pounds per winter day. Total operational emissions were estimated at 142.64 tons per year, in comparison with California state-wide emissions of 492 million metric tons per year. Recognizing public interest regarding climate change and recent California legislation on this topic, this section provides information and analysis on climate change related to the proposed project. The information provided is based on recently established State of California goals for reducing greenhouse gas (OHO) emissions as well as a project-specific emissions inventory developed for the project. Because climate change implications resulting from individual project decisions is relatively new within CEQA, the analytical approach is based on the limited amount of currently available research and legal direction, and initial policy directives of the City of Chula Vista to quantify OHG emissions resulting from the project for purposes of public disclosure and providing for informed decision-making as called for in the CEQA Guidelines (Section 15146). The USEPA does not currently regulate GHGs. Notwithstanding the lack of USEPA regulation of GHG emissions, in 2006 the California State Legislature adopted Assembly Bill No. 32 (AB 32), the California Global Warming Solutions Act of 2006. AB 32 requires the California Air Resources Board (CARB), the state agency charged with regulating statewide air quality, to adopt nlles and regulations that would achieve GHG emissions equivalent to statewide levels in 1990 by 2020. AB 32 establishes a multi-year timeline for the development and implementation ofGHG reporting and mitigation policy. Executive Order S-01-07 was issued by the Governor of California on January 18, 2007. Essentially, the order mandates the following: (I) that a statewide goal be established to reduce the carbon intensity of California's transportation fuels by at least 10 percent by 2020; and (2) that a Low Carbon Fuel Standard for transportation fuels be established for California. CalEPA is identified as the lead in coordinating implementation of Executive Order S-O 1-07 while CARB is identified in AB-32 as establishing statewide GHG emissions standards. Coordination between CARB and CalEPA will be needed to implement the requirements of AB-32 and Executive Order S-01-07. 13-35 Page 15 of37 In summary, current State of California guidance and goals for reductions in GHG emissions are generally embodied in AB-32 and Executive Order S-O 1-07. AB-32 establishes a goal of reaching 1990 levels by 2020 and describes a process for achieving that goal. Executive Order S- O 1-07 generally calls for the follmving for reduction of GHG emissions: . 2000 levels by 2010 (I] percent below business-as-usual) 1990 levels by 2020 (28.8 percent below business-as-usual) 80 percent below 1990 levels by 2050. . . Based on this guidance, project-related impacts and mitigation measures for GHG should focus on the project's contribution towards achieving the emissions reduction targets for 2010,2020 and 2050. As such, a typical development project may consider design features that improve energy efficien€y above "business as usual" standards. Over the long-term, and on a cumulative basis, such measures would have the effect of reducing GHG emissions. However, because the proposed project is short-term and temporary, its contribution to cumulative GHG emissions . over the planning period for State-wide GHG emission reduction strategies is negligible. In addition, CORR will implement feasible emissions reducing practices such as offering preferred parking for carpools, participation in a recycling program, prohibiting diesel fueled' vehicles from idling and using bio-diesel and ethanol powered machinery where practical (i.e., generators). The emissions reducing practices described above have been incorporated into the project design and shall be regulated by conditions included in the CUP. Impacts would be less than significant. Biological Resources A Biological Resources Report and Impact Analysis was prepared by Dudek (2008). to assess the potential biological resource impacts of the project. A copy of the biological resources report is available for review at the City's Planning and Building Department. Focused surveys for the California gnatcatcher were conducted on May 18 and 25, and June 2, 2007. Additionally, presence/absence surveys for the least Bell's vireo were conducted between April 27 and July 30, 2007. The 175.6-acre project site consists of 119.2 acres of annual (non-native) grassland and 56.4 acres of developed/disturbed land (Figure 4). The general admission parking area, lower campsite, southern portions of the track site, and grandstand areas are designated as Development Areas of a Covered Project under the City's Multiple Species Conservation Program (MSCP) Subarea Plan. The majority of the track, upper pits, and upper camping area are designated as a Minor Amendment Area under the City's MSCP Subarea Plan. The remainder of the site, specifically the southernmost portions of pit and vender areas are within preserve areas that have been fully disturbed as a result of on going mining activities. The surrounding land to the north, south, east, and west consists primarily of 100 percent Preserve areas. Page 16 of37 13-36 ~"~SllullleAcce.. ~= V.h_jCJ8AGCn~ ~c=JPrQlectSlle i~MscPP'ese(ve . ~ iLilndcovers. ~ V"gel~lion TYP~~on-".". C;,..."M ~W4(iLAnn". S.g..S''''h ...... ~ Css C04"aj W { DEVO"".lope'i I DH [)"L",b.Ql,n~ W F,,,,,.,.,.,,..,,,,h -.J I F\NM I ,,,'5'''''' \ M~S ...", S""b MilS '.1".o1R""",.0 hlhmM'.k"""b ~ MJlr,jJS ~"',,J Il..,.".n S"" i M5~ MI,,""',. S.".<,~.o. ~O"QS H'~ iR."q.L.I.~\ ~ MSSIR:~",,:::~':,~O:':::~':~ , ~"y<; . l~ r."""", Saul) Tilm."" ~'''' iCOF,-, 001'111> T",.c \I'i,y""dl.W._"G..~""a ::: '::'::,~,~,~,'~~::~~:~:,:_::':~~ S<",,, GI'l." ~ JMf'~GTrYPE~"",,,'"l mV"'f',,,,,,orj SI:.~.:I"""'''''I._"".,,,'''''!'t~r\l ~ C::'] P:,.4"'q;<., f:Sf&'J 'J"''',,, ~ I:~~:J '_'.lm","~ _ _ _ _ '~t;~"'F~".~ :~ "":\,''\.'-''''.'\.'i:TY~l:IS",... ;;~:&):,iR;y,S0l9f" ", . "'. '~~:4\ C'_"-'.~:),t.':::_.:,., ,~~~1:J~;..'- .;. I FIGURE I - MNO 4 - If-Road RaCing - _ ChampionshiP 0 R 1I rces 2008-2009 Temporary Biological eso Direct Impacts Vegetation Communities Based on the results of the biological report, implementation of the proposed project would result in direct impacts to 119.2 acres of annual (non-native) grassland and 56.4 acres of developed/disturbed land. Site preparation for the general admission parking and lower camping areas (i.e., grassland areas) would consist of mowing in conjunction with ongoing agricultural operations, such that roots and approximately one inch of vegetation would remain intact to stabilize the soiL Thus, upon completion of the race events the vegetation would return to pre-project conditions without the neep for active restoration. Therefore, impacts to annual grassland within the parking and camping areas are considered less than significant. The remainder of the site, including the proposed track, VlP parking, pits, upper parking/camping areas and ancillary access roads consists of lands that have been fully developed/disturbed as a result of ongoing quarry operations. lmpacts to developed disturbed lands are considered less than significant. Sensitive Plants No state- or federally-listed endangered or threatened species or covered species under the City's MSCP Subarea Plan were observed within the project boundary. Due to the extent of disturbance present, lack of suitable soils, and known occurrences in the site vicinity, none are expected to occur. Therefore, direct impacts to sensitive plant species are considered less than significant. Sensitive Wildlife Based on the survey results presented in the biological report, no state- or federally-listed threatened or endangered animal species, or covered species under the CitY's MSCP Subarea Plan, or evidence of nesting birds (i.e., nest building, territorial defense, transport of nesting material or food for young, etc.) was identified within the boundaries of the project site. Given the extent of disturbance over the project site, the potential for sensitive wildlife species to nest within the study area is considered low. However, Burrowing Owls are known to occur in the vicinity and can nest in burrows found on disturbed agricultural land. lmpacts to this species could occur as a result of site preparation (mowing) of the general admission parking area and lower camping area. lmpacts to this species would be considered significant. lmplementation of the mitigation measures contained in Section F of this MND would reduce impacts to burrowing owls to a level of less than significant. Areas containing non-native grasslands have a moderate potentiai to provide foraging habitat for several avian species. As discussed above, site preparation does not invol ve soil disturbance that would result in a penn anent loss of foraging habitat. Rather, site preparation involves mowing of the general admission parking and lower camping areas (i.e., grassland areas) such that roots and approximately one inch of vegetation would remain intact to stabilize the soiL Thus upon 13-38 Page 18 of37 completion of the race events, the vegetation would remain in-place and return to pre-project conditions. The proposed project would not result in a condition that would preclude continued use of these areas as foraging habitat. Impacts to potential foraging habitat are temporary and Jess than significant. Indirect Impacts Vegetation communities located in adjacent Preserve areas include coastal sage scrub, disturbed coastal sage scrub, disturbed maritime succulent scrub, freshwater marsh, mule fat scrub, mixed riparian scrub, mixed riparian scrub/tamarisk scrub, southern willow scrub, and tamarisk scmb. These vegetation communities are located outside of the project boundaries and would not be directly impacted by the project. Indirect impacts to sensitive biological resources are discussed below. As discussed in the biological report, areas adjacent to the project site support both the Coastal California gnatcatcher (Polioplila calif arnica californica) and the least Bell's vireo (Vireo bellii vl/sitlus). The Coastal California gnatcatcher is listed as a federally threatened species, a California Department of Fish and Game (CDFG) species of special concem, and is a Covered Species under the City's MSCP Subarea Plan. A protocol survey for the Coastal California gnatcatcher was conducted between May and June 2007. During the focused surveys, six pairs of gnatcatchers were detected, including one family group, four pairs in the eastern portion of the survey area and two in the northwestern portion. All detected species were observed outside the boundaries of the project footprint. The location and identity of these observations are discussed in detail in the biological resources report prepared by Dudek dated April 2008. The biological report concluded that the proposed project would not result in direct impacts to the gnatcatcher. However. the proposed project has the potential to result in indirect impacts as a result of edge effects to the species and or their habitat. Indirect impacts to the gnatcatcher are considered significant and require the implementation of mitigation measures identified below in Section F. By implementing the proposed mitigation, impacts to this species will be redilced to a level below significance. The results of the biological surveys also detected the presence of the least Bell's vireo adjacent to the project area, specifically in areas located immediately south of the track. The least Bell's vireo is listed as a federally endangered species, a California Department of Fish and Game (CDFG) endangered species, and is a Covered Species under the City's MSCP Subarea Plan. Presence/absence surveys for the least Bell's vireo were conducted in accordance with the currently accepted U.S. Fish and Wildlife Service (USFWS) protocol (January 19,2001) which included eight visits (with approximately 10-day intervals) to the site between April and July 2007. The survey results indicated that four individual species were observed within the adjacent southern willow scrub and mixed riparian scrub/tamarisk scrub habitat just south of the track location, outside the boundaries of the project footprint. The location and identity of these observations are discussed in detail in the biological resources report prepared by Dudek dated April 2008. Page 190f37 13-39 The biological report concluded that the proposed project would not result in direct impacts to the least Bell's vireo_ However, the proposed project has the potential to result in indirect impacts as a result of edge effects to the species and or their habitat. Indirect impacts to the least Bell's vireo are considered significant and require the implementation of mitigation measures identified below in Section F_ By implementing the proposed mitigation, impacts to this species will be reduced to a level below significance_ Adiacencv Management ]n order to minimize edge effects to the City's Preserve, adjacency management guidelines are included in the Subarea Plan_ All new developments located adjacent to the Preserve are required to adhere to these guidelines__ Although the proposed project is not a development project, adjacef\!:y guidelines are considered for the temporary event series_ These guidelines fall into the following categories: drainage, toxic substances, noise, lighting, unauthorized access, and invasive species_ Drainage The project has the potential to result in indirect impacts associated with dust and erosion/deposition, and runoff into offsite areas containing sensitive biological resources_ As described under Hydrology and Water Quality, runoff from the racetrack, spectator area and pit areas would drain into one of three desilting basins that will be temporarily converted to retention basins, ]n addition, BMPs would be implemented during site preparation, operation of the races, and post-operation to mitigate potential impacts associated with urban nmoff into sensitive habitat areas_ Similarly, as described under Hazards and Hazardous Material, BMPs would be implemented during all phases of the project to mitigate for potential impacts associated with hazardous waste/toxins entering drainages_ These BMPs would be specified in the SWPPP that will be prepared for City review and approvaL Implementation of the Hydrology' and Water Quality mitigation measures contained in Section F of this l'vIND would reduce impacts associated with project runoff to a level of less than significant. Toxic Subslances The project would involve the use, transport, storage, handling and disposal of toxic substances such as gasoline and other automotive fluids_ Use of these substances would occur for a short duration of time for this event. No use of these substances would occur in the MSCP Preserve_ As discussed under the Hazards and Hazardous Materials section, BMPs would be implemented during all phases of the - project to mitigate for potential impacts associated with hazardous waste/toxins entering drainages_ These BMPs would be specified in the SWPPP that will be prepared for City review and approvaL ]mplementation of the Hydrology and Water Quality mitigation measures contained in Section F of this MND would reduce impacts associated with hazardous substances to a level of less than significant. Page 20 01'37 13-40 Noise Based on the results of the noise report (Dudek April 2008), at the closest riparian habitat area located directly south of the racetrack the hourly noise levels associated with the proposed project (without the use of fireworks) would range up to 73 dBA Leq. As previously discussed, the existing site conditions consist of on-going mining operations including rock drilling, blasting, resource extraction and processing, stockpiling of construction aggregate and waste products, and transportation of processed materials from the site to serve the market. Historical noise levels (i.e., over past 30- years) within adjacent preserve areas range up to 75 dBA Leq but vary day to day based on daily activities and equipment usage. The fluctuation of noise levels is evident based on results of on-site monitoring conducted in 2007, 2008, and the modeling efforts used to determine historical noise levels. As a conditional approval for the 2007 event, the project proponent was required to perform acoustical and biological monitoring of the event held in June in order to provide a qualitative evaluation of the observations recorded by the biological monitor relative to the monitored event noise levels. As anticipated in the previous MND (IS 07-030), the actual hourly operational noise levels measured at the closest preserve area located directly south of the track area ranged from 65 to 76 dBA Leq, which was within the range of existing (2007 ambient) and historical (estimated pre-2007) noise levels. Concurrent with the acoustical monitoring, the June 2007 event was also monitored to ascertain the effects of the project on sensitive biological resources located within adjacent preserve areas. Species observed during the two-day event monitoring included: yellow-breasted chat, California quail, snowy egret, white-tailed kite, red-tailed hawk, great blue heron, tricolored blackbird (MSCP covered species), least Bell's vireo (MSCP covered species), California gnatcatcher (MSCP covered species), northern harrier (MSCP covered species), Amencan crow, song sparrow, brown headed cowbird, yellow warbler, California towhee, European starling, mockingbird, Bewick'.s wren, blue grosbeak, common yellowthroat, mourning dove and Anna's hummingbird. The results of the biological monitoring ofthe event concluded that fireworks discharged during the main event caused a brief disruption of "normal" bird activities (i.e., foraging, nest building, territonal defense, transport of nesting material or food for young, etc.). During the fireworks display, the biological monitor noted that numerous birds flew from the area but;'due to the short duration of the activity, birds were observed to quickly return to the habitat. Overall, except for the brief time period when the fireworks display took place, bird activity remained normal and the birds did not seem to be largely affected by the noise resulting from racing activities. Based on the results of the biological monitoring, fireworks were prohibited for subsequent events. Likewise, based on the results of the 2007 biological monitoring of the event, use of fireworks is prohibited for the proposed 2008-2009 event. Based on the updated biological survey results for the proposed 2008-2009 events, special status species that were observed before and during the race event were also observed after the events. Based on these observations, the biological report concluded that the California gnatcatcher, least Bell's vireo, and other observed special status wildlife activity were generally unaffected by the Page 21 01'37 13-41 race event in 2007. The biological monitoring of the 2007 June events described above support this conclusion. Therefore, based on the results of the biological monitoring, incorporation of project design features including earthen berms and acoustical mats, flItt! prohibited use of fireworks. and provision for use of controlled access through sensitive areas in addition to the adiacencv management mitigation measures described in Section F indirect impacts to sensitive biological resources associated with operational noise are considered less than significant. Lighting Temporary safety lighting associated with the proposed project would be limited to the pit area, spectator area, general parking area and camping area. The lighting for these areas would be directed downward, and away from the Preserve. The track portion of the project site would not be lighted, and.no race events would occur at night. Light spillage into adjacent Preserve areas would be considered a significant impact. Implementation of the mitigation measures contained in Section F of this MND would reduce impacts associated with lighting to a level of less than significant. Unauthorized Access Given the close proximity of the project site to the Preserve, there is the potential for unauthorized access of event patrons to enter sensitive biological resource areas. Ingress and egress throughout the proposed project site will be limited to existing access roads, and pedestrian use of the access roads from the general admission parking area and lower campsite is prohibited. As a condition of project approval, the event operator will be required to provide controlled shuttle services to transport patrons from the general admission parking area and lower campsite to the track area. Additionally, In order to address tRese iss'~:%, fea-1J.Ires hcwc been incorporated into the pro-jcet design to minimize water quality impacts. T!he project has been designed to maintain a minimum buffer of 100 feet from the MSCP Preserve around the general admission parking area and lower camping site. Areas where a 100-foot buffer cannot be established are separated from preserve areas by topographic features, existing berms, and/or fencing. Implementation of the mitigation measures contained in Section F of this MND will reduce the potential for unauthorized access into the Preserve to a level of less than significant. Invasive Species The project does not propose landscaping or erosion control BMPs that would introduce invasive species to adjacent Preserve areas. Impacts associated with the potential to introduce invasive species are considered less than significant. Cultural Resources Archaeological investigations were conducted on the project site for the 2007 CORR event and were previously addressed in lvIND IS-07-030. The previously adopted MND IS-07-030 concluded that implementation of the proposed project could result in significant impacts to two of the fourteen previously recorded sites. The two sites determined to be significant pursuant to CEQA (Section 15064.5) included SDl-9976 and SDl-12,291 b. Page 22 of 37 13-42 Impacts to these sites were avoided during the 2007 events through implementation of mitigation measures contained in the Mitigation Monitoring and Reporting Program (MMRP) adopted for MND IS-07-030. The mitigation measures implemented for MND IS-07-030 included fencing of significant areas to prevent any intrusion from camping, racing, and parking activities and on-site archeological monitoring during site preparation activities involving mowing. An updated letter report has been prepared by Brian F. Smith & Associates (2008) to evaluate the proposed project's potential to impact the previously recorded archeological sites. A copy of the updated cultural resources letter report is available for review at the Planning and Building Department. Based on the results of the updated letter report, the mitigation measures adopted as part of MND IS-07-030 would be required to reduce potentially significant impacts to SDI-9976 and SDI-12,291 b. These mitigation measures are contained oin Section F of this MND. Implementation. of the mitigation measures contained in Section F would reduce significant . impacts to archeological resources to a level of less than significant. Geolo2V and Soils Th.ere are no known geophysical conditions present that would expose people to significant geological hazards. Compliance with the building design and construction requirements of the . Uniform Building Code would. avoid potentially significant structural impacts associated with the grandstands resulting from seismic activity. Consequently, construction requirements associated with the temporary grandstands would be regulated by conditions included in the approved Conditional Use Permit (CUP). The project would have the potential to result in significant erosion impacts. Erosion control measures and erosion BMPs are identified in Section F under Hydrology and Water Quality, and would mitigate potential impacts resulting from erosion to less than significant. The erosion control measures and erosion BMPs would. also be identilied in the SWPPP that would b.e prepared for City review and approval. With implementation of the mitigation measures contained in Section F below, impacts resulting from potential soil erosion would be reduced to a level ofless than significant. . Hazards and Hazardons Materials The proposed project would involve the transport, storage, and handling of hazardous materials including gasoline and various engine fluids. Hazardous materiais would be placed in an enclosure that prevents contact with runoff or spillage into a storm water conveyance system. Storage, wash, and maintenance areas for race vehicles and hazard'ous materials/waste, as well as portable restroom facilities would be lined with an impervious material to contain leaks and spills. Additionally, these areas would have a roof or awning to minimize direct precipitation within 'the secondary containment area. Impacts resulting from exposure to leaks/spills of hazardous materials would be considered significant. Compliance with the City's 2007 Fire Code and implementation of the mitigation measures pertaining to hydrology and water quality contained in Section F of this MND would reduce potential impacts related to hazardous materials to a level of less than signilicant. Project compliance with the City's 2007 Fire Code "(auld be regulated by conditions included in the approved CUP. . 13-43 Page 23 of37 Hydrology and Water Quality The project would involve activities .that have the potential to result in potential impacts to hydrology and water quality. During race events and non-event practice sessions, runoff from the site has the potential to contribute pollutants, including oil and grease. suspended solids, metals, gasoline, and pathogens to adjacent receiving waters within the Otay River. Once the temporary event series is complete, Quarry operations will resume and implementation of post- project BMPs will be performed in accordance with the quarry's existing SWPPP. Pollutants of concern associated with the proposed project are grouped into the following categories: . Sediments (Total Suspended Solids - TSS): anticipated pollutant from race track and non- paved parking areas . Metals: anticipated pollutant from pit service area, race track, vehicle wash area. and parking-lots . . Oil and Grease: anticipated pollutant from pit service area, race track, vehicle wash area, and parking lots . Trash, Debris & Floatables: anticipated pollutant from entire site (includes paper, plastic, food waste, etc.) . Bacteria and Viruses: anticipated pollutant from restroom facility, trash storage areas, and food/beverage areas . Organic Compounds and Oxygen-Demanding Substances: anticipated pollutant from pit service area, racetrack, vehicle wash area, parking lots, restroom facilities, and foodlbeverage areas In order to address these issues, features have been incorporated into the project design to minimize water quality impacts. The project has been designed to maintain a minimum buffer of 100 feet to the MSCP Preserve around the general admission parking area and lower camping site. Areas where a 100-foot buffer cannot be established are separated from the Preserve by topographic features, existing berms, and/or fencing. In addition, the proposed project has been sited within the existing quarry that currently operates under an approved SWPPP. Proposed improvements to existing BMPs include converting two of the site's existing detention basins located along the Otay River to the south to retention basins in order to ensure that runoff associated with the temporary events would not drain into adjacent Preserve areas. Runoff from the track drains to three infield retention basins. With project design features, potential impacts to water quality may still occur and would be considered significant. Project related runoff including short-term erosion impacts would' be reduced to a less than significant level by converting the site's existing detention basins to retention basins and installation of temporary erosion control devices required by the City':; NPDES Permit. In accordance with NPDES compliance standards, the project applicant shall obtain an NPDES Permit for Construction Activity from the SWRCB. Adherence to all conditions of the General Permit for Construction Activity is required. The applicant shall be required under the SWRCB General Construction Permit to develop a SWPPP and a Monitoring Program Plan. The SWPPP shall specify both construction and post-construction structural and non-structural pollution prevention measures. The SWPPP shall also address operation and maintenance of post-construction pollution prevention measures, including short-term and long- Page 2401'37 13-44 tenn funding sources and the party or parties that wi1l be responsible for the implementation of said measures. Preparation of a SWPPP to the satisfaction of the City Engineer is included in Section F as a mitigation measure to reduce potential impacts to water quality to less than significant. BMPs identified in the SWPPP may include, but are not limited to the following: Containment Areas - BMPs utilized during Race Events include secondary containment at vehicle maintenance (pit) areas, hazardous materials storage areas, vehicle wash stations, portable bathrooms, trash disposal and materials storage areas. Additiona1ly, any fuel drum storage and used oil storage areas will be contained and also benned. '-.. Hazardous materials are to be placed in closed containers to prevent contact with runoff and to prevent spi1lage to the storm water conveyance system. Secondary containment, such as berms or dykes, will also be provided. Vactor trucks will be used to remove runoff from the containment areas and the collected runotf will be disposed of in accordance with City standards. Hazardous Waste containers will remain covered at all times. Run-on from adjacent areas will be prevented from coming into contact with the containment areas. Attached lids are provided on all trash containers to minimize direct precipitation. Site Runoff - Two desilting basins will be used as retention basins. Outlets will be blocked off so that no runotf will be allowed to discharge from these basins. At the conclusion of each racing event, accumulated debris and pollutants will be removed from these basins and disposed of in accordance with City standards. A temporary perimeter fence will be installed prior to commencement of racing events to prevent the escape of wind blown trash and debris. There is an existing earthen berm along the southern edge of the proposed race track facilities that also prevents direct run-off into the Otay River. Maintenance - Dust and trash control measures are included as well. To further inhibit sediment migration, the track is watered between races. Access roads and parking areas will be routinely watered as well. Onsite trash collection is provided throughout the event. Parking areas are mowed, and have bio-filters and/or silt fences were necessary. The mowed areas serve as a BMP to treat oil and grease from parked vehicles. There are no permanent utilities at the site. Generators, water trucks, a vactor truck, and portable restroom facilities will be utilized. No temporary facilities will remain on site . after the .final race event. Long,term maintenance of all remaining BMPs shall be performed and monitored in accordance with the quarry's existing SWPPP. Access Roads - There is one proposed access road into the proposed racetrack site. This will be used for public access and emergency access during race events. The main entrance to the facility is from the intersection of Main Street and Heritage Road and nms eastward on Wiley Road toward the existing rock quarry. The main access road has a crushed asphalt base, 6" in depth from Main Street to the racetrack area main entrance. Maintenance will be continuous during race events. The event operator will be responsible for the maintenance ofthese entrances and all other BMPs described herein. Trackin" - To insure that no tracked sediment reaches the storm drain system, a sweeper truck is employed to remove any sediment deposited onto Main Street, Heritage Road, and Energy_.Way due to increased traffic during race events. All efforts will be made to prevent mud from being tracked onto public roads. In no case will vehicles be permitted Page 2501'37 13-45 to drive on, or park in muddy areas, or to leave the site without first removing any accumu!3tions ofloose mud. In the event of rain, all race events will be rescheduled. Wind Erosion/Dust Control - Silt fencing is provided at the southerly berm (along the main event area) to prevent escape of trash, debris or sediment to the surrounding area. This BMP is designed to capture wind~blown pollutants. To enhance the dust control efforts, the track, pit, and vender areas, including all associated access roads will be periodically watered. To enhance trash control efforts, onsite trash collection is provided throughout race events. The proposed project would not involve pumping of groundwater and would therefore not result in the possibility of depletion of groundwater supplies. The proposed project does not involve the construction or placement of permanent structures within a 100-year i100d zone. The project would not directly discharge to an existing storm drain system and would not alter any drainage pattern. Therefore, no impact upon storm water conveyance capacities would occur. The mitigation measures contained in Section F below would mitigate potential impacts to Hydrology and Water Quality to below a level of significance. These measures are included as a part of the Mitigation Monitoring and Reporting Program. Noise In order to assess potential noise impacts of the proposed project, a noise study was prepared by Dudek & Associates, entitled 20098-2009 CORR Racing Events - Environmental Noise Assessment, dated April I I, 2008. The noise assessment analyzed the project with respect to the regulations contained in the Chula Vista Municipal Code (noise control ordinance). The results of the noise analysis are summarized below. Applicable Standards The City of Chula Vista noise ordinance exterior noise limit for single-family residences is 45 dB between 10 p.m,. and 7 a.m. on weekdays, and between 10 p.m. and 8 a.m. on weekends. The daytime (between 7 a.m. and 10 p,m. on weekdays, and between 8 a.m. and 10 p,m. on weekends) exterior noise limit is 55 dB. The project's noise generating activities will occur during daytime, i.e., between 7 a.m. and 7 p.m. on weekdays, and between 8 a.m. and 7 p.m. on weekends. Consequently the 55 dB exterior noise criteria has been used to evahlate the project's potential noise impacts upon the nearest residences. The 70 dB exterior noise criteria has been used for our evaluation of the project's potential noise impacts upon the nearest industrial land use. However, the proposed project is classified as a temporary outdoor gathering, and as such is considered to be exempt from the provisions of the Ordinance, pursuant to Section 19.60.060 .(B). Page 26 of 37 13-46 Chapter 19.68 of the City of Chula Vista Municipal Code provides the performance stambrds and noise control regulations in the City. Section 19.68.060 exempts: "... occasional outdoor gatherings. public donees. shows and sporting and entertainment events. provided the events are conducted pursuant to a permit or license issued by the city relative to the staging of the events. " As previously noted, the race events and practices sessions would occur on a periodic basis and as opposed to permanent uses operating under a fixed schedule. The noise generated will be intermittent in that races would not occur continuously. It is a sporting and entertainment event, and therefore is not covered by the noise control ordinance. The City's Ge!1eral Plan Noise Element contains land use/noise compatibility guidelines for various types of uses. The City considers an annual noise level of 65 dB CNEL to be compatible with residential land uses. The General Plan states that the compatibility guidelines are not intended to contlict with or contradict the Noise Ordinance, but provide guidance for total noise exposure, including traffic noise and other sources that are not regulated by the Noise Ordinance. Existing Conditions Existing noise levels at the site were monitored on January 22, 2008 between the hours of 10:00 a.m. and 1 :00 p.m. The noise measurement locations are illustrated on Figure 5 and depicted as Sites 1 through 8. Existing noise levels recorded on site ranged between 45 dBA Leq (location 4) and 61 dBA Leq (location 1). Noise levels at the quarry and adjacent areas vary depending on the daily activities and output. The measured noise levels adjacent to the quarry area are lower than the historical levels (i.e., past 3D-years), which ranged from approximately 65 to 75 dBA Leq. This is due in part to the quarry experiencing a transition period where temporary rented equipment from the site has been removed and new, permanent equipment is being brought to the site. It is anticipated that once the new equipment is operating the quarry noise levels will be consistent with the historical noise levels. Operational Event Noise Noise associated with the project would consist of weekend off-road truck and buggy races. Ancillary activities associated with the race events that would also contribute to the overall noise impact of the project include public address (P A) system, live music, generators, revving engines, vehicles in various. parking lot areas, bus shuttles, and camping. The noise levels associated with these events and activities have been evaluated based on noise measurements previously conducted during various CORR racing events in the City of Chula Vista. Noise measurements taken from previous events include cumulative noise associated with the activities described above. Page 27 of 37 13-47 Legend . NO,s6tv16aSlIfs1ll6,)ll.Lll:ilIIOfl =VellicleAccess IMPACT TYPE: Uparking-VillagllJ I~,,;~~;tl ParkinglCampinglPils DcamPlfIg _Track ~VIPParking ~ifiilil TV . Unused AdopledAlea ';~;;:::"':'"' ,,,. I FIG SURE I - I ip Off-Road Rocing - MNO 2008-2009 Temporary ChampIOns 1 _ Noise Measurement locations Noise measurements were conducted at eight sites during the 2007 (Figure 5). the results of which are detailed in Table 4 of the noise technical report. The vehicles participating in the event consisted of Pro 4 trucks, Pro 2 trucks, Pro Lite trucks, Super Buggy, and Single Buggy vehicles. Up to 20 trucks and 35 buggies raced in their respective class event, each lasting approximately 15 to 20 minutes in duration. Other activities generating noise during the noise measurements included fireworks, music, public address system, generators, bus shuttles, and miscellaneous activities such as revving engines and vehicles in various parking lot areas. Because these activities occurred at the same time as the rest of the racing activities, the noise measurements taken were cumulative of all these activities and therefore, have already been included in monitoring data. The event operations (including vehicle class and number of participants) and ancillary activities associated with the proposed 2008-2009 events are consistent with the scope of the previous events held at' this location in 2007 with the exception of fireworks. Use of fire works is prohibited during the 2008-2009 events and as such is not included in the modeling of the proposed project Therefore, the data obtained during the 2007 events is appropriate for evaluating potential noise impacts for the proposed 2008 and 2009 racing events. Based on noise measurements conducted during the CORR 2007 season, the race event would generate a one-hour average noise level of 53 dBA at the nearest residences located southwest of the site (monitoring location 8). This noise level does not exceed the City's 55 dB exterior noise criteria. Noise impacts from the project upon nearest sensitive residential land are considered less than significant . . Applying the monitoring results for location 6, the proposed project is expected to generate an hourly noise level of 68 dBA or less, which would not exceed the City's 70 dB exterior noise criteria for light industrial land uses. Therefore, the racing noise impacts from the project upon the adjacent industrial land LIse are considered less than significant Based on noise measurements conducted during the CORR 2007 season, the race events would generate a one-hour average noise level in the mid 50 dBA to low 70 dBA Leq range at the adjacent noise sensitive biological habitat areas (i.e., noise measurement Sites 2, 4, 5, 6 and 7). At the closest riparian habitat area located directly south of the racetrack the hourly noise levels would range up to 73 dBA Leq at noise measurement Sites 4 and 5. These noise levels assume no use of fireworks and incorporate project features and conditions, including existing berms and topography. It should be noted that the race event noise levels at Sites 4 and 5 are within the range of historic noise levels generated by the rock quarry operations. Non-Event Practice Sessions Non-event, one-day practice sessions would be restricted to 12 vehicles on track at anyone time and would not be open to the general public. AdditionaIly, non-event practice sessions would not conducted concurrent with, or overlap on-going quarry operations. Activities associated with non-event practice sessions would be less intense than those associated with event operations in that these one day events would have fewer vehicles on track in comparison to event operations and would not include spectator traffic, overnight camping, or vender amenities. Page 29 01'37 13-49 The nature of practice sessions is such that vehicles are not running constantly. There are continual interruptions during these sessions, including teams working on their vehicles in the pits, watering the track to control dust, and clearing the track to tow vehicles which have stopped fUJU11ng. Based on the modeling results contained in the noise report, applying the noise levels associated with 12 trucks within the loudest vehicle class (9] A dBA Leq-h at 90 feet), the one-hour average noise level at the adjacent industrial area is estimated to be 65 dBA. Similarly, the one-hour average noise level the at the nearest residential receives is estimated to be 51 dBA. The noise levels at the closest industrial and residential land uses would result in a less than significant noise impact, Within the adj,!cent preserve areas to the south, the hourly average noise level associated with non-event practice sessions would range from approximately 50 dBA to 70 dBA. The one-hour average noise levels would be in the low 50 dBA (represented by Site 7), mid 50 dBA (represented by Site 6). high 60 dBA (represented by Site 4) and low 70 dBA range represented . by Site 5). The significance of the noise impact at the biological habitat areas is discussed in the biological resources section of this document. Public Servi"ces The proposed project would not involve changing land uses that would result in increased permanent demand for public services personnel, equipment and facilities or result in changes in service levels. The proposed project ha6 the potential to result in hazards associated with accidents during the race events and therefore creates a temporary increase in demand for police and fire services. To ensure that public service response times are properly maintained during the temporary event weekends, the project proponent is required to prepare a Security Plan and an Emergency Medical Plan. The Security Plan shall be prepared to the satisfaction of the Chula Vista Police Chief prior to the start of the first CaRR event. The Security Plan shall detail, among other items, the number of security personnel provided, general distribution of security throughout the race event, and number of uniformed Chula Vista police staff required. Similarly, the project applicant is required to prepare an Emergency Medical Plan in accordance with the 2007 Fire Code to the satisfaction of the Chula Vista Fire Chief. The plan shall detail, among other items, emergency access routes, type of emergency vehicles required to adequately serve the project. alternative access routes to be employed..inthe event of rain or damp conditions, the variety of emergency medical services that can be provided by the contract emergency medical company, chain of communication between event sponsor and medical staff, number of ambulances present onsite and the number of uniformed Chula Vista Fire Department staff needed onsite. In addition, the Emergency Medical Plan shall describe emergency staff provided by CaRR. A fully staffed Chula Vista Fire Department engine company and Battalion Chief will be onsite during all race events, or as directed by the Chula Vista Fire Chief. Implementation of the mitigation measures contained in Section F of this MND would reduce impacts to public services (including impacts associated with accidents, security, and public safety) to a level of less than significant. Page 30 of 37 13-50 T ransporta tionffraffic The proposed proiect would be operated during off-peak hours and weekends: therefore. it is not anticipated that the additional tranic associated with the event would result in unacceptable levels of service on any affected public roadwav. Similarly. given the temporary nature of the event, no pennanent adverse impacts to the City's tranic threshold standards would occur as a result of the proposed proiect. Based on data collected during previous CORR events, If-is estimated that approximately 2,847 vehicles per day of the event would access the site via Main Street, Heritage Road, and Energy Way. Ho'.'..e'''~L Consequentlv. there is a potential for short- teml there is the potential for localized impacts including congestion at ingress and egress points, emergency access, and parking impacts on City roadways during the six non-consecutive weekend event$ (2008-2009). A Traffic Control Plan would be prepared in accordance with City guidelines by the project applicant and submitted to the City of Chula Vista Engineering and Police Department for review and approval two weeks prior to the first event weekend. The preparation of a Traffic Control Plan would mitigate potential impacts to circulation and parking to less than signi fie ant. Elements of the Traffic Control Plan would include, but are not limited to, a description of the signage, striping, delineate detours, flagging operations and any other devices which would be used during events to guide motorists safely to ingress locations from public roadways. The Traffic Control Plan would also include provisions for coordinating with local emergency service providers regarding event times and measures for bicycle lane safety. The Traffic Control Plan would ensure that access and traffic flow would be maintained, and that emergency access would not be restricted. Additionally, the Traffic Control Plan would ensure that congestion and delay of traffic resulting from the event are not substantially increased and would be of a short-tenn nature. A minimum of 39 handicapped parking spaces would be made available, consistent with California Building Code and ADA requirements. The mitigation measures contained in Section F below would mitigate potential impacts to Transportation and Traffic to below a level of significance. These measures are included as a part of the Mitigation Monitoring and Reporting Program. F. MITIGATION NECESSARY TO A VOID SIGNIFICANT IMPACTS The mitigation measures detailed below would mitigate potentially significant effects on the environmental to a level of less than significant. These measures have been incorporated into the project's Mitigation Monitoring and Reporting Program (MMRP) provided as Attachment "A" to this report. Air Quality I. The following project design features have been included as mitigation measures to assure their implementation, arid shall be implemented bv the Applicant pnor to commencement of each race event: Low emission mobile heavy equipment shall be used, 'shere feasible. Page 31 of37 13-51 The contractors shall obtain applicable air quality permits for any portable or stationary internal combustion engine subject to SDAPCD permit requirements. During event operations and non-event practices sessions, the track shall be watered prior to each individual race and/or vehicle class practice session (minimum of seven times per day) to the satisfaction of the City's Mitigation Monitor. Excluding race vehicles operating on the designated track, spectator and maintenance vehicle speeds on unpaved roads shall not exceed 15 miles per hour. Idling time of trucks and other heavy equipment shall be minimized. The streets shall be swept immediately when silt is carried over to adjacent public thoroughfares. Engines in site preparation equipment shall be maintained by keeping them properly tuned. Low sulfur fuel shall be used for stationary construction equipment. Existing power sources (e.g., power poles) or clean fuel generators (bio-diesel and/or ethanol powered machinery) rather than standard temporary gasoline power generators shall be used, ?:hencver fcasilJle. All parking lots on agricultural land shall be mowed such that roots of the vegetation remain intact in order to provide soil stabilization. . Parking lots and other areas with exposed dirt shall be watered to the satisfaction of the City's mitigation monitor to minimize fugitive dust. Biological Resources 2. To ensure that no direct or indirect impacts to nesting borrowing owls occur during site preparation and active use of the general parking area and lower camping area, prior ,to initiating any site preparation-related activities associated with the 2008 and 2009 events, the Applicant shall conduct pre-active use surveys must bc performed by using a City- approved biologist to deterrnine the presence or absence of active burrows within all suitable habitat. The surveys must be conducted within 10 calendar days piior to the start of site preparation or use, and the results submitted to the City's Environmental Review Coordinator for review and approval prior to initiating any site preparation activities. If an active burrow is detected, a mitigation plan shall be prepared by the Applicant using a City-approved biologist and submitted to the City's Environmental Review Coordinator for review and approval. The project applicant shall implement the approved mitigation plan to the satisfaction of the City's Environmental Review Coordinator. Setbacks of 300 feet or more from occupied burrows shall be established and enforced until the young are completely independent of the nest. To minimize all impacts and ensure that no nests are removed or disturbed and no nesting activities are disturbed, a bio-monitor must be on site during all project activities until all young have fledged. 3. Two weeks prior to the' commencement of each race event, prominently colered,well- installed biological fencing shall be install cd placed bv the Applicant wherever the project limits are adjacent to the Preserve, sensitive vegetation communities, and/or any other biological resources, as identified by a qualified monitoring biologist and depicted on Figure 3. Page 32 01'37 13-52 4. Two weeks prior to the commencement of each race event "Sensitive Habitat - Keep Out" signage shall be posted bv the Applicant every 150 feet along the Preserve edge to discourage access to the Preserve. In addition, the project shall be required to either prohibit domestic pets, or require that all pets remain on leashes pursuant to applicable leash law requirements. 5. Two weeks prior to the commencement of race activities, a lighting plan shall be prepared bv the Applicant and submitted to the City's Environmental Review Coordinator for review and approval. The lighting plan shall clearly demonstrate that all temporary security lighting shall be directed away and/or shielded from the Preserve to prevent any potential indirect impacts due to night lighting. Additionally, low-pressure sodium lighting shall be used to reduce these potential effects. Cui tural Resources 6. The area identified as significant for SDI-9976 shall be removed from the planned camping area and fenced as illustrated on Figure 3 of this MND. Two weeks prior to commencement of each race event, the fencing shall be installed bv the Applicant under the direction of the project archaeologist and shall remain for the. duration of the racetrack use. No access to this site area shall be allowed during the nl€e,events. 7. The access road through SDI-12,291 b shall be fenced two weeks prior to commencement of each race event to prevent traffIc from straying into the significant site area. The area to be fenced is illustrated on Figure 3 of this tvlND. The fencing shall be installed bv the Applicant under the direction of the project archaeologist and shall remain for the duration of the racetrack use. Vehicular and pedestrian traffic through the sensitive site area shall be minimized. The project archaeologist shall have the latitude to monitor the condition of the site during track events and to add measures as necessary to ensure the site is not adversely impacted by event activities. 8. Access roads or trails that pass through sites identified as significant or potentially significant shall be fenced by the Applicant two weeks prior to commencement of each race event to prevent intrusion into potentially sensitive areas. The fence locations are noted on Figure 3 of this MND. The project archaeologist shall identify the locations of all fences and the type of fence that would be appropriate to ensure the sites are not disturbed. 9. Any mowing 'or other site preparations that might uncover archaeological materials or affect' recorded sites shall, be monitored by an archaeologist prior to commencement of race event preparations. In the event that the monitor identifies a potentially significant site, measures shall be initiated to evaluate the site and to implement mitigation measures as necessary to minimize impacts. Data recovery to mitigate impacts is an option, but preservation of resources is the preferred mitigation measure. 10. During the monitoring of mowing or other site preparations, the archaeological monitor shall collect all surface artifacts, map the locations, and report findings to the City. 11. All cultural materials recovered during the testing of S01.9976 or collected during monitoring shall be prepared for permanent storage. Curation of all artifacts recovered shall be required. Curation shall be arranged at an appropriate facility and will, be coordinated through the City of Chula Vista. Page 33 of37 13-53 Hvdrology and Water Ouality 12. Two weeks prior to the commencement of the first 2008 eyent, the project applicant shal1 submit an NO! and obtain an NPDES Permit for Constnlction Activitv from SWRCB The SWPPP shall include a description of pollution prevention control; and practices t~ be utilized both during and following (post-race) raceway activities. Adherence to aj] conditions of the General Permit for Construction Activity is required. The SWPPP shal1 also include a Storm Water Sampling and Analysis Strategy (SWSAS), pursuant to the SWRCB General Construction Permit requirements. 13. The applicant shal1 request a site inspection by the City's Public Works and Storm Water Inspectors after completion of site preparation, and prior to each race event. If the inspectors identify any violation of the BMPs, race events shall be delayed until such BMPs are properly implemented. 14. During race events, the Applicant shall have standby cleanup equipment and crews sflall Be available to respond to potential hazardous material spil1s. Significant spil1s shal1 be reported to the appropriate authorities and the City of Chula Vista as soon as such spills occur. IS. The Applicant shall have A ~qualifiedwater quality technician shal1 be designated for monitoring and repair of BMPs. The name and phone number of such person shall be provided to the Storm Water Management Section prior to each race event. Public Services 16. Two weeks prior to the commencement of the first race event, the project applicant shall prepare a Security Plan to be approved by the Chula Vista Police Chief prior to the start of the CORR events. The Security Plan shall detail, among other items, the number of security personnel provided, general distribution of security throughout the race event, and number of uniformed Chula Vista police staffrequired. 17. Two weeks prior to the commencement of the first race event, the project applicant shall prepare an Emergency Medical Plan in accordancewith the 2007 Fire Code to the satisfaction of the Chula Vista Fire Chief. The plan shall detail, among other items, emergency access routes, type of emergency vehicles required to adequately serve the project, alternative access routes to be employed in the event of rain or damp conditions, the variety of emergency medical services that can be provided by.the contract emergency medical company, chain of communication between event sponsor and medical staff, number of ambulances present onsite and the number of uniformed Chula Vista Fire Department staff needed onsite. A fully staffed Chula Vista Fire Department engine company and Battalion Chief will be onsite during all race events; or.as directed by the Chula Vista Fire Chief. . Transportation/T ramc 18. Two weeks prior to the commencement of the first race event, the Applicant shall prepare a Traffic Control Plan shall be prepared in accordance with City guidelines to the satisfaction of the Police Chief and City Engineer. Elements of the Traffic Control Plan will include, but not limited to, a description of the signage, striping, delineate detours, flagging operations and any other devices which will be used during events to guide motorists safely to ingress locations from public roadways. The traffic control plan will also include provisions for coordinating with local emergency service providers regarding event times and measures for bicycle lane safety. The Traffic Control Plan will ensure that access and traffic flow will be maintained, and that emergency access will not be restricted. Page 34 of37 13-54 G. AGREEMENT TO IMPLEMENT MITIGATION MEASURES By signing the line(s) provided below; the Applicant and Operator stipulate that they have each read, understood and have their respective company's authority to and do agree to the mitigation measures contained within Mitigated Negative Declaration IS-08-01 I, and will implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign the line(s) provided below prior to posting of this Mitigated Negative Declaration with the County Clerk shall indicate the Applicant's and Operator's desire that the Project be held in abeyance without approval and that the Applicant and Operator shall apply for an Environmental Impact Report. f(1J JI110 HIAnk( I R~Pf( ifnltd-;J( Printed Name and Title of Applicant " f (or authorized representative) ( .' / 'de' ~-:/ ~ \ ., -;i/ V){/yuL ~ Signature of Applicant (or authorized representative) Date filii/DB' Date NfA Printed Name and Title of Operator (if different from Applicant) Date NfA Signature of Operator (if different from Applicant) Date .,o<~- Page350f37 13-55 H. CONSULTATION Citv of Chula Vista Glen Laube, Senior Planner Marisa Lundstedt, Principal Planner Scott Donaghe, Senior Planner Josie McNeeley, Associate Planner David Kaplan, Transportation Engineer Justin Gipson, Fire Marshal Khosro Aminpour, Sr. Civil Engineer (NPDES Division) Applicant's A~ents Dudek and Associates: Joe Monaco, Brian Grover, Anita Hayworth and Mike Komula Brian F. Smith and Associates: Brian Smith Scientific Resources Associated: Valorie Thompson Design Fusion: Robert Day Applicant and Applicant Representatives Championship Off Road Racing (CaRR) Ranie Hunter, Applicant Representative Others RECON Environmental, Inc. Documents The following documents were used, referenced, or relied on in preparing this MND, and the documents are available for public review and inspection at the City of Chula Vista Planning and Building Department, 276 Fourth Avenue, Chula Vista, California, and are incorporated by reference in this MND: . Updated Cultural Resources Letter Report - Otay Ranch Championship Off-Road Racing Facility, 2008 CUP, Brian F. Smith & Associates, April 9,2008 Biological Resources and Impacts Analysis Letter for 2008/2009 Championship Off Road Racing, Chula Vista, California, Dudek, April 2008. 2008 and 2009 CaRR Racing Events: Environmental Noise Assessment. Dudek, April 2008. Air Quality Technical Report for the Championship Off-Road Racing Temporary Race Facility, 2008/2009 Race Events. Scientific Resources Associated, April 2008. Archaeological Study Update Letter, Brian F. Smith and Associates, February, 2008. Championship Off-Road Racing Project - Results of Race Noise Measurements, Dudek & Associates, ] une 27, 2007. . . . . . . Page 36 oD 7 13-56 1. . Biological Monitoring for the Championship Off Road Racing Project, June 27, 2007. Archaeological Shldy for the Chula Vista International Raceway, Brian F. Smith and Associates, April, 2007 Mitigated Negative Declaration (MND) for a Conditional Use Permit for a Temporary Championship Off-Road Race (MND lS-07-030), May 29, 2007. Addendum to Mitigated Negative Declaration IS-07-030, June 2007. Biological Resources Report and Impact Assessment for Otay Ranch Villages Two and Three, Dudek, February, 2006. City ofChu]a Vista General Plan Update, 2005. Final Environmental lmpact Report, City of Chula Vista General Plan Update, EIR No. 05-01, December 2005. City ofChula Vista MSCP Subarea Plan, February 2003. Otay Ranch General Development Plan/Subregional Plan Program EIR (Program EIR 90- 01), October, 1993. Final Second Tier EIR for Villages Two, Three and Four (portion) SPA and TM, City of Chula Vista, 2006 . . . . . . . . . INITIAL STUDY This environmental determination is based on the attached Initial Study, and any comments received in response to the Notice of Initial Study. The report reflects the independent judgment of the City of Chula Vista. Further information regarding the environmental review of this project is available from the Chula Vista Planning and Building Department, 276 Fourth Avenue, Chula Vista, CA 91910. Glen Laube Senior Planner Date Page 37 of37 13-57 ATTACHMENT "A" MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) 2008-2009 Temporan' ChamJ)ionshiJ) Off-Road Racin", Events (IS-08-0 II) This Mitigation Monitoring and Reporting Program has been prepared by the City ofChula Vista in conjunction with the proposed 2008-2009 Temporary Championship Off-Road Racing Events project. The proposed project has been evaluated in an Initial StudylMitigated Negative Declaration (IS-08-011) prepared in accordance with the California Environmental Quality Act (CEQA) and City/State CEQA Guidelines. The legislation requires public agencies to ensure that adequate mitigation measures are implemented and monitored for Mitigated Negative Declarations. AB 3 I 80 requires monitoring of potentially significant and/or significant environmental impacts. The Mitigation Monitoring and Reporting Program for this project ensures adequate implementation of mitigation for the following potential impacts(s): I. Air Quality 2. Biological Resources 3. Cultural Resources 4. Geology/Soils 5. Hydrology and Water Quality 6. Public Services 7. Traffic MONITORING PROGRAM Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinators shall be the Environmental Review Coordinator and City Engineer of the City of Chula Vista. The applicant shall be responsible to ensure tbat the conditions of the Mitigation Monitoring and Reporting Program are met to the satisfaction of the Environmental Review Coordinator and City Engineer. The applicant shall provide evidence in written form confirming compliance with the mitigation measures specified in Mitigated Negative Declaration IS-08-0J I to the Environmental Review Coordinator and City Engineer. The Environmental Review Coordinator and City Engineer will thus provide the ultimate verification that the mitigation measures have been accomplished. Exhibit J, Mitigation Monitoring and Reporting Program Checklist, lists the mitigation measures contained in Section F, Mitigation Necessary to Avoid Significant Effects, of Mitigated Negative Declaration IS-08-0J I, whicb will be implemented as part of the project. In order to determine if the applicant has implemented the measure, the method and timing of verification are identified, along with the City department or agency responsible for monitoring/verifying that the applicant has completed each mitigation measure. Space for the signature of the verifying person and the date of inspection is provided in the last column. J:\Planning\GLaube\Otay R:lOCh\CORR\CORR 08-09 Temp CUP\Final\IS-08-01 U'vIMRPinrro.doc 13-58 EXHIBIT 1 Mitigalioll I\.leasure No. ~ w I CJ1 <D '1/20/07 MND IS-08-0ll MITIGATION MONITORING AND REPORTING PROGRAM 2008-2009 Championshin Off-Rnad Race Mith.ation Measures I AIR OUALITY The following project design features, have been included as mitigation measures to assure their implementation, and shall be implemented prior to and during each event and non-event practices sessions: Low emission mobile heavy equipment shall be used,wJ.Ttlre (e:l,;iAIe. . The contractors shall obtain applicable air quality permits for any portable or stationary internal combustion engine subject to SDAPeD permit requirements. . For t;vcnt operations and nOllwevent practices sessions, the track shall be watered priono each individual race and/or vehicle class practice session (minimum of seven times per day) to the satisfaction of the City's Mitigation Monitor. . . Excluding race vehicles operating on the designated track, spectator and maintt:nance vehicle speeds on unpaved roads shall not exceed 15 miles per hour. . Idling time of!rucks'and othedleavy equipment shall be ~inimized. The streets shall be swept immediately when silt is carried over to adjacent public thoroughfares. . Engines in site preparation equipmenl shall be maintained by keeping them properly [lined. Low sulfur fuel shall be llsed for stationary construction equipment. . Method of Verificarion Timing of Verificlltion I I D"ri", I Pre Event I Event T.M Prior to first event/Site Inspection x .. '.\ 1 POSI Event x Responsible PartY x Project Applicant! City Engineering Dcpartrnenti City Planning and Building Department Comolded luitillls I DlIte Comments J EXHIBIT I MND IS-OS-Oll MITIGATION MONITORING AND REPORTING PROGRAM 2008-2009 Championship Off-Road Race Mirigation Measure Method of Timing of Responsible No. Mine-anon MCllsures Verification Verification Partv Comnicled COlI\tlIt'nts I Pre Even! I Durin!: I Posl Illirials I Dale T.M Event Event ~ . Existing power sources (e.g., power poles) or clean fuel generators (biD-diesel andlor ethanol powered machinery) rather than standard temporary gasoline power generators shall be used,-wHetliWeH~ifH.e. All parking lots on agricultural land shall be mowed such that roots of the vegetation remain intact in order (0 provide soil stabilization. . Parking Jots and other areas with exposed dirt shall be watered to the satisfaction of tile City's mitigation monitor to minimize fugiti ve dList. w I en C> 4/20/07 .1 EXHIBIT I MND IS-08-0n MITIGATION MONITORING AND REPORTING PROGRAM 2008-2009 ChamnionshiD Off-Road Race Mitigation Measure Method of Timing of Responsible Nfl. Miti!!ation MClIsures Verification Verification Partv ComrJletell Comments I Pre Event I During I Post InitilllsT Dille T.M Event Event (; (f' ~ '1/20107 2 BIOLOGICAL RESOURCES To ensure that no direct or indirect impacts to Survey within nesting borrowing owls occur during site 10 calendar days preparation and active use of the parking and prior to site camping areas, prior to initiating any site rep<.lration of preparation-related activities, pre-active use each event. surveys must be perfonned by a City-approved biologist to determine the presence or absence of active burrows within all suitable habitat. The surveys must be conducted within 1O calendar days prior to the start of site preparation or use, and the results submitted to the City's Environmental Review Coordinator for review and approval prior to initiating any site preparation activities. If an active bun'ow is detected, a mitigation plan shall be prepared by a City-approved biologist and submitted to the City's Environmental Review Coordinator for review and approval. The project applicant shall implement the approved mitigation plan to the satisfaction of the City's Environmental Review Coordinator. Setbacks of 300 feet or more from occupied burrows shall be established and enforced until the youhg are completely independent of the nest. To minimize all impacts and ensure that no nests are removed or disturbed and no nesting activities are disturbed, a bio- monitor must be on site during all project activities until all young have nedged. . X ProjtCI Applici:H1v J City Planning and Building Department . s Mitigarion Measure No. ~ w I Q"l ~ 4/20/07 EXHIBIT I MND IS-08-0ll MITIGA nON MONITORING AND REPORTING PROGRAM 2008-2009 Chamniollship Off-Road Race Miti~arion Measures Method of Verification J Two weeks prior to the commencement of each Site inspection race event, prominently colored, well-installed prior to biological fencing shall be installed place commencement wherever the project limits are adjacent to the of each rJce Preserve, sensitive vegetation communities, event and/or any other biological resourc~s, as identified by a qualified monitoring biologist. Figure 3 of the MND identifies the general location of the required fencing. . 4 Two weeks prior to the commencement of each Site inspection race event "Sensitive Habitat - Keep Out" prior to signage shall be posted every 150 feet along the commencement Preserve edge to discourage access to the of each race Preserve. In addition, the project shall be event required to either prohibit domestic pets, or require that all pets remain on leashes pursuant to applicable leash law requirements. j Two weeks prior to the commencement of each Site inspection race event, a lighting plan shall be submitted to prior to the City's Environmental Review Coordinator for commencement revIew and approval. The lighting plan shall of the first race clearly demonstrate that all temporary security event lighting shall be directed away and/or shielded Ii'om the Preserve. to prevent any potential indirect impacts due to night lighting. Additionally, low-pressure sodium lighting shall be used to reduce these potential effects. T.M Timiug of Verificatioll I I During Pre Event I E....ent x x X x I Post Event Responsible Party ;.; Project Applicantl City Engineering Department! City Planning and Building Department X- Project Applicant! City Engineering Department! City Planning and 8uilding Dcpar1rncnt X Project Applicant/ City Engineering Departmentl Cily r~lanning and l3uilding Department Conmleted Illithd~! Date Cnmmellts 6 EXHIBIT I MND IS-08-0ll MITIGATION MONITORING AND REPORTING PROGRAM 2008-2009 Chamnionshin Off-Road Race {\-litigation I\'leasun: Method of Timing of Responsible No. MitiJ!ation !\1eusures Verification Veril1carioll Partv COillnleted Comments I Pre Event I DUling I Po.'>' . Initials I Olllt T.M EVenl Evelll CULTURAL RESOURCES (, The area identified as significant for SDI-9976 Si,tc inspection X X X Project Applicant! shall be removed from the planned camping area prior to City Engineering and fenced as illustrated on Figure 3 of this commencement DcpnrtmentJ City MND. Two weeks prior to commencement of orthe tirst race Planning and each race event, the fencing shall be installed event Building under the direction of the project archaeologist Deparllnent and shall remain for the duration of the racetrack use. No access to this site area shall be allowed during the race events. Ul 7 The access road through SDI.12,291 b shall be fenced Sitt: inspection X X X Project Applicant! I two weeks prior to commencement of each nice event prior 10 City Engineering 0> Ul to prevenllraffic from straying into the significant site. commencement Department! City area. The area to be fenced is illustrated on Figure 3 of of the first race Planning and (his tvlND. The fencing shall be installed under the event . Building direction of the project archaeo!9gist and shall remain Department for the duration of the ract:track-use. Vehicular and ped.cslrian traffic through the sensitive site area shall be minimized. The project archaeologist shall have the latitude (0 monitor the condition of (he site during track event.s and to add 1llt:3sures as necessary to ensure the site is nO! adversely impacted hv event activities. g Access roads or trails that pass through sites identified Sile inspection X X X Project Applicant! as significant or potentially significant shall be fenced prior !O City Engineering two wceks prior (0 COll1lnencelllent of each mce event commencement Department! City to prevent intrusion into potentially sensitive areas. of each race Planning and The fence locations are noted all Figure 30fthis event Building MND. The project archaeologist shall identify the Department locations of all fences and the type of fence that would he allllropriate (0 ensure the sites are not disturhed. '1/20/07 7 EXHIBIT I Mitigation Measure No, I. t; ~ 10 II:> 4/20/07 . MND IS-08-0ll MITIGATION MONITORING AND REPORTING PROGRAM 2008-2009 Chamnionshin Off-Road Race l\litil!atio[l Measures 9 Any mowing or other site preparations that might uncover archaeological materials or affect recorded sites shall be monitored by an archaeologist prior to commencement of race event preparations. In the event that the monitor identifies a potentially significant site, measures shall be initiated to evaluate the site and to implement mitigation measures as necessary to minimize impacts. Data recovelY to mitigate impacts is an option, but preservation of resources is the preferred mitigation measure. During the monitoring of mowing or other site preparations, the archaeological monitor shall collect all surface artifacts, map the locations. and report findings to the City. II All cultural materials recovered during the testing of 5D1.9976 or collecled during monitoring shall be prepared for penmanent storage. Curation of all artifacts recovered shall be required. Curation shall be arranged at an appropriate facility and will be coordinated through the Cicy of Chula Vista Method of Verification Timing of Verification I I DIII'ing I P03{ Pre Event I Event Event T.M Site inspection prior to commencement of t.lach rnce ~vcnt. ~ X Site inspection prior to commencement of the firs! race event. ~ X Veritication prior to first race event. ~ x Responsible Party X Project Applicant! City Engineering Department! City Planning and I3uilJing Department ~ Project Applicant! City Engineering Department/ City Planning and Building Department X Project Applicant! City Engineering Department! City Planning and Building Deranment COllloleted Initiab I Date COlHlllents 8 EXfHBIT I MND IS-OS-Oll MITIGATION MONITORING AND REPORTING PROGRAM 2008-2009 Chamnionshin Off-Road Race Mitigation Measure Method of Timing of Responsible No. Miti!!arion Measures Verification Verification Pnrtv Comoleled Comments I Pre Event I Durillg- 'I . Past Jllilillls 1 Date T.M Event Event . 12. ~ '" I 0'> 01 13. 14. 'i/20/07 HYDROLOGYIW A TER QUALITY Two weeks prior to the commencement of the Verification first 2008 event, the project applicant shall subrnit prior to first race an NOI and obtain an NPDES Pennit for evenL Construction Activity from SWRCB. The SWPPP shall include a description of pollution prevention controls and practices to be utilized both during and following (post-race) raceway activities. Adherence to all conditions of the General rennit for Construction Activity ]s required. The SWPPP shall also include a Storm Water Sampling and Analysis Strategy (SWSAS), pursuant to the SWRCB General Construction Pem1lt reauirements. The applicant shall request a site inspection by Plan Check/Site the City's Public Works and Stann Water Inspection Inspectors after completion of site preparation, and prior to each race event. If the inspectors identi fy any violation of the BMPs, race events shall be delayed until sucb BMPs are properly implemented. During race events, standby cleanup equipment Plan Check/Site and crews shall be available to respond to Inspection potential hazardous material spills.. Significant spills shall be reported to the appropriate authorities and the City of Chula Vista as soon as such spills occur. x x X. Project Applicant/ City Engineering Department/ City Planning and Building Department x .x. Project Applicant! City Engineering D~partmcnt! City Planning and Building Department x X jlroject Applicant! City Engineering Department/ City Planning and Building Department IS. A qualified water quality technician shall be Plan Check/Site designated for monitoring and repair of BMPs. In:;pcctio/l The name and phone number of such person shall be provided to the Stann Water Management Section prior to each race event. ' x x x Project Applicant/ City Engineering Department! City Planning and Building 9 EXHIBIT I MND 15-08-011 MITIGATION MONITORING AND REPORTING PROGRAM 2008.2009 Championship Off-Rood Race Mitigation Measure Method of Timing of Responsible No. Mitieation Measures Verification Verification Party Compleled Comments I Pre Event I Dunn!: I POSI IlJilial~ I Dille T,M Event l':vent . ~ (.oJ I en 17. 4/20/07 Depm1ment 16. PUBLIC SERVICES Two weeks prior to the commencement of the Plan Review to first race event, the project applicant shall the satisfaction prepare a Security Plan to be approved by the of the Chief of Chula Vista Police Chief prior to the start of the Police. CORR events. The Security Plan shall detail, among other items, the number of security personnel provided, general distribution of security throughout the race event, and number of unifonned Chula Vista police staff required. X X Projecl Applicant! City Engineering Derartmentl City Planning and Building Department x Two weeks prior to the commencement of the Plan Review to first race event, the project applicant shall prepare the satisfaction an Emergency Medical Plan' in accordance with of Fire Chiel: the 2007 Fire Code to the:: satisfaction of [he ehula Vista Fire Chief. Tlie plan shall detail, among other items, emergency access routes, type of emergency vehicles req~lired to adequately serve the project, alternatiyt' access routes to be employed in the event of rai9',or damp conditions, the variety of emergency ~iledical services that can be provided by the ,"contract emergency medical company, chain of communication between event sponsor and medical staff, number of ambulances present onsite and the number of uniformed Chula Vista Fire Department staff needed onsite. A fully staffed Chula Vista Fire Department engine company and Battalion Chief will be onsite during all race events, or as directed by the Chula Vista Fire Chief. X X Project Applicantl CifY Engineering Department! Cify Planning and nuiJding Department X 10 Mitigation Meilsurc No. ~ ci - 4120107 EXHIBIT I MND IS-08-011 MITIGATION MONITORING AND REPORTING PROGRAM 2008-2009 Chamoionshio Off-Road Race Minuanon Measures Method of Ve"rification TRANSPORT A TIONrrRAFFIC Two weeks prior to the commencement of the Plan Check/Site first race event, a Traffic Control Plan shall be Inspection. prepared in accordance with City guidelines to the satisfaction of the Police Chief and City Engineer. Elements of the Traffic Control Plan will include, but not limited to, a description of the signage, striping, delineate detours, flagging operations and any other devices which will be used during events to guide motorists safely to ingress locations from public roadways. The traffi.e control plan will also include provisions for coordinating with local emergency service providers regarding event times and measures for bicycle lane safety. The Traffic Control Plan will ensure that access and traffic flow will be maintained, and that emergency access will not be restricted. IS. T.M Timing of Verification I I During I Pre Evenf I EVCllr x x I posr Evenr Responsible Party x Project Applicant/ City Engineering DepanlllenU City Planning and Building Derartment Comnleted Initials I Date Comments 11 ATTACHMENT "B" Response to Comments on DR4FT lVIND 15-08-011 (30-day public Review Period April 25, 2008 through May 25, 2008) COMMENT REFERENCE COMMENT PROVIDER Comments/Responses (A) Flat Rock Land Company, LLC & Otay Land Company c/o Luce, Forward, Hamilton & Scripps, LLP ("Luce Forward") . 600 West Broadway Sui Ie 2600 San Diego, CA 92101 Comments/Responses (B) U.S. Fish and Wildlife Service & CA Department of Fish and Game 6010 Hidden Valley Road Carlsbad, California 920] ] 13-68 /~ I I i 1,1 . L;~;\'ViW\cv\ t" Lt:.. r kl.r / \ iueE FORWARD ATTCRNE'IS AT LAW. FDUNDED Isn lUCE, fO'l:\':~.oo, H...wtJ"'T.... & SOIP?S '..l.1' 600 WesIBroad\'la"/ SlJit~ 2600 . San Oi~go, CA 92101 619.236.1414 bi9.232.3311 fax VlI'lw.1IJce.com JErFREY A. CHfNE. PARTNER DIRECT D1AL.NVMBEJt 619.699.2545 DIRECT F.,,-x NUMBER 619.446.3275 EMA1L ADDRESS jchinc@!uce.com MGY 27, 2003 VIA E-iYL,uL Al'o/D U.S. !Villi Mr. Glen Laube Senior Planner City of ChuIa Vista 276 Fourth Avenue ChuIa Vista CA 91910 Re: Proposed Mitigated Negative Declaration for Temporary Championship Off-Road Racing Events/CUP (Case No. IS-08-0ll) Dear Mr. Laube: My finn represents Flat Rock Land Company, LLC and Otay Land Company, LLC, property owners within Olay Ranch near the site of the proposed of1:road racing events which are the subject of the above-referenced Mitigated Negative Declaration ("l'vlND"). The !Y1ND emphasizes that the use contemplated by the CUP is temporary in nature. (See MND p. 10.) Consequently, the MND indicates that amendments to the General Plan and Olay Ranch GDP are not necessary. We believe that any proposal for a long-ternl or permanent establishment Of~ the uses contemplated by the proposed CUP would be fundamentally inconsistent with the existing Otay Ranch GDP as well as the proposed land uses reflected in the Land Offer A _ \ Agreements recently approved by the City Council. The Land Offer Agreements are intended to implement the City's vision for Otay Ranch, and that vision does not include the uses contemplated by the CUP. Finally, we note that the MND contemplates access to the racing event site through land owned~' by Flat Rock Land Company. As of this date, the CUP applicant has not requested access rights A-1 from Flat Rock Land Company. Please feel free to contact me if you have any questions regarding these comments. JeL of L JCE, FORW MD, HAI'vjILTON & SCRIPPS LLP JAC/cvm c ,,""u V~~l"'/OEl I~~~ Los :'~Gl3-69 So.., DIEr.O s"" ~ R.:.'IC !$CO ,1 Co l'\W/1 C' ~\ ~ LUCE FORWARD ATlOR,-:EY$ Al L....W . roUNDED la7~ LU(E, Fo~VI~IU. !"I.~MI!1aN & SCRIPPS Ll'" Nir. Glen Laube City ofChula Vista May 27, 2008 Page 2 cc: Ranie Hunter, Vice President XR Promotions Mr. Rob Cameron Mr. Curt Noland Mr. Bob Penner 13-70 J i ';\ . L--e.,k^...- / T Comment Letter 'A' Flat Rock Land Company, LLC & Otay Land Company c/o Luce, Forward, Hamilton & Scripps, LLP ("Luce Forward") 600 West Broadway Suite 2600 San Diego, CA 92101 A-J) Summary of Comment Any subsequent proposal for a long-term or permanent establishment involving the uses contemplated in the CUP for the temporary events would be fundamentally inconsistent with the Existing Otay Ranch General Development Plan (GDP) and the land uses reflected in the recently approved Land Offer Agreement. Response to Comment A-] Comment noted. This comment does not challenge the adequacy of the draft mitigated negative declaration. The City acknowledges that a proposal to establish a permanent or semi-permanent facility at this location would require additional environmental review and consideration. A-2) Summary of Comment The draft MND contemplated access to the event venue through land not owned by the project proponent. Response to Comment A-2 The project proponent is responsible for securing legal access through any lands not currently under their ownership. The City has been notified by the Applicant of their intensions to cooperate with the property owner and will execute a right-of-entry agreement as was the case last year. This comment does not challenge the adequacy of the draft mitigated negative declaration. No further response is required. 13-71 /' ! J r \,-0\'\1 W\hc ~ : i i Le ~~Jv - -, j. \' ,) u_~ F1SB.&.'IYll..D1..D'& .'lE.INICE ~ u. S. Fish Clnd Wildlife Service Carlsbad Fish and Wildlife Office 60 I 0 Hidden Valley Road CarJsbad, Califorilla 92011 (760) 43]-9440 FAX (760) 43\-5901 California DepL ofFish and Game South Coast Region . 4949 Viewridge Avenue San Diego, California 92123 (858) 467-4201 FAX (858) 467-4299 ..... - --.-- -- - . - - - ....-.-.-. - . ... --. - - .-- . .- - In Reply Refer To: FWS-SDG-08BOS 12-08T AOS6S Mr_ Glen"Laube City of Chula Vista - - PI:illiUng anaB1lilaing Department - 276 Fourth Avenue Chula Vista, CA 91910 MAY ,2 7 Zalla Subject: Conditional Use Permit for the 2008_2009 Championship Off-Road Racing Events Dear Mr. Laube: We have reviewed the Mitigated Negative Declaration, dated April 25, 2008, for the above-referenced project. The comments provided herein are based on our review of the minor amendment concurrence request, the Multiple Species Conservation Program (MSCP) Findings of Conformance, the Wildlife Agencies' knowledge of sensitive and declining vegetation communities in San Diego County, and our participation in regional cOIlseIv"tiQn_PLanr)jngs:j'forts_____ .._.'.-. _ .__., _ _.__..__ '_. ..__. The Wildlife Agencies have repeatedly requested that use of the off-road race track only occur outside of the avian breeding season. However, in a meeting on January 9,2008, with the project applicant and the City of Chula Vista MSCP staff (City), the project applicant informed the Wildlife Agencies that race events had already been scheduled for May and July 2008. Due to the difficulty of re-scheduling race events, as stated by the project applicant, the Wildlife Agencies made a special concession to allow a race event to occur in late July, 2008, with practice sessions restricted to occur after mid-June for the 2008 racing season. However, we requested that the May race event be removed from the schedule to avoid the most crucial part of the avian breeding seaSOll. We appreciate that the City and project applicant have agreed to eliminate the May race event. As of our January 9, 2008, meeting and the date of this letter, the project applicant has not informed us of the proposed race event dates for the 2.009 racing season. The applicant has ample opportunity to schedule the 2009 race event dates outside the avian breeding season. To be consistent with the City's MSCP Subarea Plan, we request that the City condition the permit slIch that use of the off-road race track, including racing i)-I ,~ 13-72 ,'. " '\.. CV~I\ ~.q Et.-,. . . .)' R-z. events and pr2ctice sessions, be restricted to only occur outside the general avian .~~ breeding season (February 15 - August 15) in tbe 2009 race season. We appreciate the opportunity to comment on tbis project. If you have any questions or corriments pertaining to this Jetter, please contact Amber Himes (Department) at (358) 637-7188 or Cara McGary (Service) at (760) 431-9440. ~~ ... ... Therese'O'Rourken .. . .. .... '(' Assistant Field Supervisor' U.S. Fish and Wildlife Service' 'StephenM. Juarez Environmental Program Manager . California Department of Fish and Game 13-73 , _I i . - .' i c;<l.L,..-- lj v<:. ':' '....H (ent Comment Letter 'B' US. Fish and Wild]ife Ser,ice & CA Deportment of Fish and Game 60 I 0 Hidden Volley Rood Car]sbad, California 920] 1 B-]' Summary of Comment: At 0 meeting held on January 9, 2008, the Wildlife Agencies]) requested that the event scheduled for May of 2008 be eliminated; and, 2) made a special concession to a]low race rel3ted activities to occur after mid-June (end of general avian breeding season) in order to accommodate the applicant's prior scheduling commitments. Response to comment B-1: As a point of clarification, the discussion to allow restricted use of the track during the general breeding season occurred at a meeting on October 30, 2007. The City also acknowledges that the project proposed at that time only included racing events associated with the 2008-racing season. In response to comment B-1, the City conditioned the project to eliminate the event proposed for May 2008 and restricted race operations to occur after mid-June. B-2. Summary of Comment: The Applicant has had ample opportunity to schedule the 2009 event dates outside the avian breeding season. To be consistent with the City's MSCP Subarea Plan, the City should condition the 2009 race events such that use of the track is restricted to only occur outside the general avian breeding season (Febmary ] 5 - August 15). Response to comment B-2: At a meeting held on January 9, 2008, the City informed the Wildlife Agencies that the proposed conditional use permit for the temporary events would be extended to include the 2009 racing series. The City also indicated that the 2009 events would be conditioned consistent with the Wildlife Agencies previous request to restrict race operations to occur after mid-June. Through this meeting, the City understood that the special concession would apply only to the proposed temporary events, which now included the 2008 and 2009 event series, and conditioned the project accordingly. Regarding the projects consistency with the City's MSCP, the City's MSCP Subarea Plan does not require or restrict project operations adjacent to the Preserve to occur outside the breeding season. Rather, projects adjacent to the preserve must be designed consistent with the City's MSCP Subarea Plan Adjacency Guidelines. The'''oiblogical resources section of the IVrNO summarizes the project's consistency with the City's MSCP Subarea. Plan Adjacency Guidelines. The potential effects related to drainage, toxic substances, noise, lighting, unauthorized access, and invasive species have been adequately addressed in the MND. Implementation of the MlvlRP and adherence to the project's conditions of approval will ensure that potential adjacency impacts are reduced to a level of less than signi tlcance. 13-74 ~\If?. --1"'- ~-~ ENVIRONMENTAL CHECKLIST FORM em Of (HUlA VISTA 1. Name of Proponent: 2. Lead Agency Name and Address: 3. Addresses and Phone Number of Proponent: 4. Name of Proposal: 5. Date of Checklist: 6. Case No. ENVIRONMENTAL CHECKLIST: ISSUES: 1. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage sceOlC resources, including, but not limited to, trees, rock outcroppings. and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial Potentially Significant 1m pact o o o o 13-75 XR Promotions, LLC City of Chula Vista Planning and Building Department 276 Fourth Avenue Chula Vista, CA 919]0 6] 0 West Ash Street Suite 1500 San Diego, CA 92101 2008-2009 Temporary Championship.t)ff- Road Racing Events April 25, 2008 IS-08-011 Less Than Significant With Mitigation Incorporated Less Than Significant 1m pact No ImjY<lct o [g] [g] o o o o [g] o o [g] o ISSUES: Potentially Significant 1m pact Less Than Significant With Mitigation Incorporated Less Than Significant 1m pact No Impact I ight or glare, which would adversely affect day or nighttime views in the area? Comments: a-b) The project does not involve the placement and/or construction of any permanent structures that would impact a scenic resources. The proposed activities would include temporary tent-like structures, spectator stands, shade canopies, and portable restroom facilities as well as parked vehicles that would be visibl~ from some public and private vantages points primarily to the south and west. However, all temporary structures will be disassembled and removed from the site within two-weeks following the race events. The proposed project would not damage any scenic resources, vegetation, or historic buildings within a state scenic highway. Impacts are considered less than significant. c) The proposal involves temporary racing events within the boundaries of the existing Rim Rock Quarry. The location of the track, pit, and vendor areas have been sited within portions of the quarry that have been fuHy disturbed by ongoing aggregate mining and processing operations. Similarly, the access roads, parking, and camping areas have been sited in areas that have existing easement roads and/or have been disturbed a result of annual mowing or "disking" of the existing agricultural lands. Following each event series, all temporary structures, stands, bleachers, canopies, portable restroom facilities, and power generators will be disassembled and removed from the site within two-weeks following the race events. Therefore, the proposed project will not substantially degrade the existing visual character or quality of the project site. Impacts are considered less than significant. d) The proposal shall comply with the City's minimum standards for roadway lighting and shall be completed to the satisfaction of the Director of Planning and Building. The project will be required to comply with the light and glare regulations (Section 19.66.100) of the Chula Vista Municipal Code (CVMe). Compliance with these regulations will ensure that no substantial glare, or light would affect daytime or nighttime views in the surrounding area. The project site is located adjacent to the MSCP ]00% Conservation area and Ihe Otay River Vaney. As described in Sections E and F of the MND. implementation of the required MSCP adjacency measures will reduce impacts to adjacent sensitive biological resource areas to a level of less than significance. Mitigation: No mitigation measures are required. II. AGRICULTURAL RESOURCES. ]n determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farnlland, Unique 0 0 !Z;] 0 Farmland, or Farmland of Statewide Importance (Fannland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? 13-76 b) Conflict with eXlstmg zoning for agricultural use, Or a Williamson Act contract? c) Involve other changes in the existing environment, \\..-hich, due to their location or nature, could result in conversion of Faffilland, to non- agricultural use? Less Than Signilicant Potentially With Less Than Signilicant Mitigation Signilicant No Impact Incorporated Impact 1m pact 0 0 [8l 0 0 0 [8l 0 ISSUES: Comments: a-c) The project site does not contain Prime Farmland, Farmland of Statewide Importance, or Unique Farmland and no land within the project area is subject to the Williamson Act. Historically, the proposed camping areas within the Otay River Valley and the general admission parking areas within Village Three have been used lor dry farming, as well as cattle and sheep grazing and have been locally designated as Farmland ofLoca] Importance ancl/or Grazing Land. The Otay Ranch General Development Plan (GDP) states that agricultural uses are allowed as an interim use and that long-term agricultural uses are not planned for these areas. For areas designated as general admission parking and camping, existing agricultural fields will be mowed, in conjunction "vith ongoing agricultural operations, such that roots and approximately one inch of vegetation would remain intact to stabilize the soil. Thus, the temporary parking and camping on the iields will not preclude lIse of the land for interim agricultural purposes after the race events. The location of the track, pit, and vendor areas has been sited within portions of the quarry that have been fully disturbed by ongoing aggregate mining and contain no agricultural resources. Therefore, impacts to agricultural uses on the site would be less than significant. Mitigation: No mitigation measures are required. ITI. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct 0 0 [8l 0 implementation of the applicable air quality plan? b) Violate any air quality standard or 0 [8l 0 0 contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable 0 0 [8l 0 net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? 13-77 ISSUES: d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Potentially Significant Impact o o Comments: a-e) See Mitigated Negative Declaration, Section E. Less Tban Significant Witb Mitigation Incorporated o o Less Tban Significant Impact [gJ [gJ No Impact o o Mitigation: 'The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant air quality impacts to a level of less than significant. IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies: or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife o o o o 13-78 [gJ o o o o [gJ [gJ o o o o [gJ ISSuES: nursery sites? e) Conflict with any local policies or ordinances protecting biological resources~ such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Potentially Significant 1m pact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant 1m pact D ~ D o D D D [8] Comments: a-I) See Mitigated Negative Declaration, Section E. Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant biological resources impacts to a level of less than significant. V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in s] 5064.5? b) Cause a substantial adverse change' m the significance of an archaeological resource pursuant to S 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remams, including those interred outside of fannal cemeteries? o [gJ D D o D D [8] o D ~ o o o D ~ Comments: a-b) See Mitigated Negative Declaration, Section E. cod) The proposed project has been sited in fully disrurbed areas and dose not involve grading activities that, as a consequence, \votIld impnct sensitive paleontological resources or that could disturb any human remains. 13-79 ISSUES: Potentially Significant 1m pact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Mitigation: The mItIgation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant cultural resources impacts to a level of less than significant. VI. GEOLOGY AJ'ID SOILS -- Would the project: a) Expose people or structures to potentiar substantial adverse effects, including the risk of loss, injury or death involving: I. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. I I. Strong seismic ground shaking? Ill. Seismic-related ground failure, including liquefaction? IV. Landslides? b) Result in substantial soil eroSIon or the loss of topsoil? c) Be located on a geologic un it or soil that is unstable, or that would, become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table l8-I-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? o o o o o o o o 13-80 o o o o i8l o o o i8l i8l i8l i8l o i8l i8l o o o o o o o o i8l ISSUES: Potentially Significant Impact Comments: a-e) See Mitigated Negative Declaration, Section L Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant impacts to geology and soils to a level of less than significant. VII. HAZARDS AJ'ID HAZARDOUS MATERIALS. Would the project: a) Create a signiticant hazard to the public or the environment through the routine transpor1, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials: substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code section 65962:5 and, as a resulL would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airpor1, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? o o o o o o 13-81 ~ ~ o o o o o o ~ ~ o o o o o o ~ ~ ISSUES: g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including ;vhere wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments: See Mitigated Negative Declaration, Section E. Potentially Significant Impact o o Less Than Significant With Mitigation Incorporated o o Less Than Significant Impact o o No 1m pact ~ ~ Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant impacts to hazards and hazardous materials to a level of less than significant. VIll. HYDROLOGY.~ WATER QUALITY. Would the project: a) Result in an increase 10 pollutant discharges to receiv10g waters (including impaired water bodies pursuant to the Clean Water Act Section 303(d) list), result in significant alteration of receiving water quality during or following construction, or violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Result in a potentially significant adverse impact on groundwater quality? o o 13-82 ~ o o o o ~ ISSUES: c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or flver: In n manner, which would result In su bstantial erosion or siltation 00- or off-site? d) Substantially alter the existing drainag<: pattern of the site or area, including through the alteration of the course of a stream or flver, substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site, or place structures within a IOO-year flood hazard area which would impede or redirect flood flows? e) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? f) Create or contribute runoff water, which would exceed the capacity of existing or planned stomHvater drainage systems or provide substantial additional sources of polluted runoff? Comments: See Mitigated Negative Declaration, Section E. Potentially Significant Impact o o o o Less Than Significant With Mitigation Incorporated o o o o Less Than Significant Impact ~ o ~ o No Impact o ~ o ~ Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant impacts to hydrology and water quality to a level of less than significant. IX. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an o o 13-83 o o o o ~ ~ ISSUES: Potentially Significant Impact Less Than Significant With ~Iitigation Incorporated Less Than Significant Impact No Impact agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? o ~ o o Comments: a-c) The proposed project would not pennanently alter land use or propose any changes to existing or planned uses. Similarly, the project would not divide an established community or conflict with any land lIse plans or policies adopted for the purposes of avoiding or mitigating an environmental effect. The project would not conflict with the City ofChula Vista MSCP Subarea Plan (refer to Section E of the wIND for a discussion regarding the project's potential to impact sensitive biological resources). Therefore, the project would not result in significant impacts on land use and planning. Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentiallv significant biological resources impacts to a level of less than significant. X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? o o ~ o o o ~ o 13-84 ISSUES: Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant 1m pact Comments: a-b) The track, pit, and grandstand areas of the project are located within a portion of the existing quarry currently used for material stockpiling and equipment storage but that are no longer subject to active resource extraction. Temporary stnlctures would be removed foIlo\ving each event and would not result in a condition that would preclude future mining related activities within this area. Those portions of the project that are not located within the quarry do not involve excavation or earthwork (including import or export of materials) that would have the potential to ,esult in a loss of reSOurces. Therefore, impacts to mineral resources are considered less than significant, Mitigation: No mitigation measures are required. XI. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people -residing or working in the project area to excessive .noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? o cs::J o o o cs::J o o o o o cs::J o o cs::J o o o o cs::J o o o cs::J 13-85 Less Than Significant Potentially With Less Than ISSUES: Significant Mitigation Significant No 1m pact Incorporated Impact 1m pact Comments: See Mitigated Negative Declaration, Section E, Mitigation: No mitigation measures are required. XII, POPULATION AND HOUSING, Would the project: a) l"duce substantial population gro',1h 0 0 0 ~ In an area; either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of road or other infrastructure)? b) Displace substantial numbers of 0 0 0 ~ existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of 0 0 0 ~ people, necessitating the construction of replacement housing elsewhere? Comments: The proposed project is considered a temporary use that would not change existing land uses or proposes activities that would affect population or housing growth. Therefore, the project would not result in impacts to population and housing. Mitigation: No mitigation measures are required. XIII. PUBLlC SERVlCES. Would the project: a) Result in substantial adverse physical impacts associated with the provision of new or physically altered govemmental facilities, need for new or physically altered govemmental facilities, the construction of which 13-86 Less Than Significant Potentially With Less Tha n ISSUES: Significant Mitigation Significant No Impact Incorporated Impact Impact could cause significant environmental impacts, In order to maintain acceptable servIce ratios, response times or other performance objectives for any public services: Fire protection? 0 [ZJ 0 0 Police protection? 0 [ZJ 0 0 Schools? 0 0 0 [ZJ Parks? . 0 0 0 [ZJ Other public facilities? 0 0 0 [ZJ Comments: See Mitigated Negative Declaration, Section E. Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant impacts to Public Services to a level of less than significant. XIV. RECREATION. project: Would the a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which have an adverse physical effect on the environment? o o o [ZJ o o o [ZJ Comments: a-b) The proposed project is considered a temporary use that would not involve changing existing land uses that would result in increased demand for recreational [acilities or services. Therefore. the proposal would not impact the City's planned and/or future recreational facilities. Mitigation: No mitigation measures are required. XV. TRANSPORTATION / 13-87 ISSUES: TRAFFIC. Would the project: a) Cause an increase in traffic which is substantial in relation to the existing tralfic load and capacity of the street system (i.e., result In a substantial Increase In either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections) b) Exceed, either individually or cumulatively, a level of servlce standard established by the county congestion management agency for designated roads or highways? c) Result In a change In alr traffic patterns, including either an increase In traffic levels or a change In location that results In substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result In inadequate emergency access? f) Result In inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Comments: See Mitigated Negative Declaration, Section E. Potentially Significant 1m pact o o o o o o o Less Than Significant With Mitigation Incorporated [8J D D D [8J D D Less Than Significan t Impact o o o ~ o ~ o No 1m pact o ~ ~ o o o ~ Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially signil1cant Transportation impacts to a level of less than significant. XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastevv-ater treatment requirements of the applicable o 13-88 D o ~ ISSUES: Regional Water Quality Control Board? b) Require or result in the construction of new \vater or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require- or result in the construction of new stonn water drainage facilities or expansIOn of existing facilities, the construction of which could cause significant environmental effects? d) Have sut1icient water supplies available to serve the project from existing entitlements and resollrces, or are new or expanded entitlements needed? e) Result In a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand In addition to the provider's existing commitments? f) Be served by a landfill with sufficient permined capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local stat lites and regulations related to solid waste? Potentially Significant Impact o o o o o o 13-89 Less Than Significant With Mitigation Incorporated o o o o o o Less Than Significant 1m pact o o o o !Zl !Zl No Impact !Zl !Zl !Zl !Zl o o ISSUES: Potentially Significant 1m pact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant 1m pact Comments: a-g) The proposed project would not involve changing land uses or actlvlt!es that would permanently increase demand for utilities. Consequently, no permanent utilities would be constnlcted. Temporary generators would provide power for lighting and electricity. Portable restrooms and water would also be brought in for use during the event weekends. Trash and recyclables would be disposed of in approved disposal containers and collected routinely throughout the event. The City's Environmental Services Department has confirmed that there are adequat@ recyleing and solid waste facilities to serve the proposed temporary evnets. Furthermore, compliance with the City's Municipal Code 19.58.340 (Recycling and Solid Waste) and the provisions regulated by the California Integrated Waste Management Board (CIWMB) would avoid potentially significant impacts associated with special event recycling and solid waste management. Consequently, recycling and solid waste management associated with the proposed project would be regulated by conditions in the approved Conditional Use Permit, specifically those conditions that require the preparation, review, and approval of a Special Event Recycling and Solid Waste Plan prior to the commencement of each event weekend. Impacts to utilities and public services are considered less than significant. Mitigation No mitigation mea~ures are required. XVII. THRESHOLDS: Will the proposal adversely impact the City's Threshold Standards? A) Library The City shall construct 60,000 gross square feet (GSF) of additional library space, over the June 30, 2000 GSF total, in the area east of Interstate 805 by buildout. The construction of said facilities shall be phased such that the City will not fall below the citywide ratio of 500 GSF per 1,000 population. Library facilities are to be adequately equipped and staffed. B) Police a) Emergency Response: Properly equipped and staffed police units shall respond to 81 percent of "Priority One" emergency calls within seven (7) minutes and maintain an average response time to all "Priority One" emergency calls of 5.5 minutes or less. b) Respond to 57 percent of "Priority Two" urgent calls within seven (7) o o o k8J o k8J o o 13-90 ISSUES: minutes and maintain an average response time to aj) "Priority Two" calls of7.5 minutes or less. C) Fire and Emergency Medical Emergency response: Properly equipped ond statTed fire and medical units shall respond to calls throughout the City within 7 minutes In 80% of the cases (measured al)nually). D) Traffic The Threshold Standards require that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "0" may occur during the peak two hours of the day at signalized intersections. Signalized intersections west of 1-805 are not to operate at a LOS below their 199 I LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hOUL Intersections of arterials with freeway ramps are exempted from this Standard. E) Parks and Recreation Areas The Threshold Standard for Parks and Recreation is 3 acres of neighborhood and community parkland with appropriate facilities 11,000 population east of 1-805. F) 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. G) Sewer The Threshold Standards reqUire that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Se\ver Master Plan(s) and City Engineering Potentially Significant 1m pact o o o o o 13-91 Less Than Significant With Mitigation Incorporated ~ ~ o o o Less Than Significant Impact o o o o o No Impact o o [g] [g] [8'J ISSUES: Standards. H) Water The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned grovith and that water quality standards are not jeopardized during growth and construction~ Applicants may also be required to participate in whatever \vater conservation or fee off-set program the City of Chula Vista has in etTect at the time of building permit issuance. Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 0 0 0 [g] 13-92 ISSUES: Potentially Significant 1m pact Less Than Significa 0 t With IVlitigation Incorporated Less Than Significant 1m pact No 1m pact Comments: a) The project is a temporary event that would not induce substantial population grow1h: therefore, no impacts to library f3ciJities \yould result. No adverse impact to the City's Library Threshold standards would occur as a result of the proposed project. b) According to the Police Department, adequate police protection services can continue to be provided during major event weekends. The proposed project \liQuld not involve changing land uses that would r~sult in increased permanent demand for police protection services. Therefore, no adverse impacts to the City's Police Threshold standards would occur as a result of the proposed project. As discussed under Section E of the NfND (Public Services), the proposed project has the potential to result in a temporary increase in demand for police protection services as a result of hazards associated with large crowds, temporary congestion of local intersections serving the evenl, and accidents during the race events. Implementation of the mitigation measures'contained in Section F of the rvtND would reduce temporary impacts to police protection services to a level <?f less than significant. c) According to the Fire Department, adequClte fire protection and emergency medical services can continue to be provided during major event weekends. The proposed project would not involve changing land uses that would result in increased permanent demand for police protection services. Therefore, no adverse impacts to the City's Fire and Emergency Medical Threshold standards would occur as a result of the proposed project. As discussed under Section E of the tvfND (Public Services), the proposed project has the potential to result in a temporary increase in demand for protection and emergency medical services as a result of hazards associated with large crowds, temporary congestion of local intersections serving the event, and accidents during the race events. Implementation of the mitigation measures contained in Section F of the MND would reduce temporary impacts to protection and emergency medical services to a level of less than significant. d) See Mitigated Negative Declaration, Section E; refer to the Transportation/Circulation Section addressing temporary project generated traffic conditions. No pennanent adverse impacts to the City's Tramc Threshold standards would occur as a result of the proposed project. e) As described above in Section XIV (Recreation), the temporary events would not induce significant population growth and would not impact existing. or proposed recreational facilities. No adverse impacts to the City's recreati.onal threshold standards \vill occur as a result of the proposed project. 1) The proposed project does not involve grading activities that would alter drainage patterns within or adjacent to the project site. The Engineering Depanment has determined no adverse impacts to the City's drainage threshold standards will occur as a result of the proposed project. g) The project site is within the boundaries of the City of Chula Vista wastewater services area. As discussed in Section E (Public Services) of the MND, the proposed project would not involve changing land uses that would result in increased permanent demand for public services personnel, equipment and facilities or result in changes in' service levels. h) The project site is \....ithin the potable water service area of the Otay Water District (District). Pursuant to correspondence from the District, the District has adequate water service, storage, and capacity to serve the proposed project. No significant impacts to existing facility systems or the City's water threshold standards will occur as a result of the proposed project. Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentiallv significant temporarv impacts to Public Services (Police / Fire and Emergencv Medical) and Traffic to a level of less than significant. 13-93 ISSUES: XVIII. MANDA TORY FINDINGS OF SIGNIFICANCE 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 10 eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? 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 etfects of other current project, and the effects of probable future projects.) c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: a) Potential short-term indirect impacts Section E, under Biological Resources. Potentially Significant 1m pact Less Than Significant With lYIitigation Incorporated No Impact Less Than Significant Impact o [g] o o o 1Zl o o o o o 1Zl are addressed in the Mitigated Negative Declaration, b) No cumulatively considerable impacts associated with the project when viewed in connection with the effects of past projects, other current projects and probable future projects, have been identified. c) The project will not cause substantial adverse effects on human beings, either directly or indirectly, as the proposed project has been mitigated to lessen any potential significant impacts to a level of less than significance. Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant impacts to a level of less than significance. 13-94 XIX. PROJECT REVISIONS OR MlTIGA nON MEASURES Project mitigation measures are contained in Section F. Mitigation Necessary to A void Significant Impacts, and Exhibit I, Mitigation Monitoring and Reporting Program of Mitigated Negative Declaration ]S-08-0 I 1. XX. AGREEMENT TO IMPLEMENT MITIGATION MEASURES By signing the line(s) provided below, the Applicant and/or Operator stipulate that they have each read, understood and have their respective company's authority to and do agree to the mitigation m!'asures contained in Mitigated Negative Declaration (IS-08-0Il), and will implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign below prior to posting of this Mitigated Negative Declaration with the County Clerk shall indicate the Applicant and/or Operator's desire that the Project be held in abeyance without approval and that the Applicant and/or Operator shall apply for an Environmental Impact Report. Kanl0 HUttfbr ) f(4JrL~~~+aj7l!L Printed Name and Title of Authorized Representative of [Property wner's Nam ~J/ ' JUL---- Signature of Authorized Representative of [property Owner's Name] ( .~. ~, &//f/ti?f / 'Date Printed Name and Title of [Operator if different from Property Owner] Signature of Authorized Representative of [Operator if different from Property Owner] Date 13-95 XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the previous pages. o Land Use and Planning ~ Transportation/Traffic o Population and Housing ~ Biological Resources ~ Geophysical 0 Mineral Resources ~ Public Services o Utilities and Service Systems o Aesthetics o Agricultural Resources ~ Hydrol;gy/Water ~ Hazards and Hazardous Materials ~ Cultural Resources ~ Air Quality o Threshold Standards o Noise o Recreation o Mandatory Findings of Significance 13-96 XXI. DETERMINATION On the basis of this initial evaluation: I find that the proposed project could not have a significant effect on the 0 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 0 environment, and an Environmental Impact Report is required. I find that the proposed project may have a significant effect(s) on the 0 environment, but at least one effect: I} has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impacts" or "potentially significant unless mitigated." An Environmental Impact Report is required. but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the 0 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. f' , //1"_- ,/ : ./ /: , ~ lMrk-- G1encLaube , Senior Planner City of Chula Vista b~~!OY; Date ' 13-97 ~. "1; ~ ~ " "~ ~ ro 0> I C'l ~ CHAMPIONSHIP OFF ROAD RACING ehula Vista International Raceway '11\ If ~_E~~~~~.r.I~~~~1 ru-1 ,,-,,=..,...,.,.~~ ,,,,"-, DCORRTta,_k LN~'ii,\II.lSCPBOU"d~<Y r=:::1 Re<'~rn"rrm' ~BQund"rl E::t iJ r~ 1I ~~ () :J" C ii) < 0;. Qj :J ro ~ :J ~ o. :J OJ 00 ~:c ~,... ;go;: _-0 0- ",0 _2 <">'" -:z: =- ",-0 " i "'"' ;JJ OJ (1 '" ~ OJ '< ., , o \, 3 '" :J U> o. :J CIJ :J" '" ~ !mm"", ill,g .,,- !!r;~@ 1!I~g !:2 ~!~ 13-99 RESOLUTlON.NO.2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING PROGR~M (IS-08-011), A1~D GRANTING A CONDITIONAL USE PERt'\tIIT (PCC-08-013), TO CONDUCT RACE EVENTS ON A TEMPORARY RACETRACK WITHIN THE RIMROCK QUARRY, LOCATED OFF HERITAGE ROAD AND ADJACENT TO THE OT A Y RIVER V ALLEY. A. RECIT ALS 1. Project Site WHEREAS, the parcels that are the subject matter of this resolution are represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description are located on a portion of the Rimrock Quarry adjacent to the Otay River Valley. The project site also includes a portion of Otay Ranch Village Three to be used as general public parking, and the western active recreation area within the Otay River Valley for an overnight camping area ("Project Site"); and 2. Project Applicant WHEREAS, on January 15, 2008 a duly verified application for a Conditional Use Permit (PCC-08-0l3) was filed with the City of Chula Vista Planning and Building Department by XR Promotions, LLC for Championship Off Road Racing ("Applicant"); and 3. Project Description; Application for Conditional Use Permit WHEREAS, said Applicant requests permission to conduct off-road racing events on July 25th - 27th, September 12'h - 14th, and December 5th - 7u" 2008 and three similar dates in 2009 on said Project Site; and 4. Planning Commission Record of Application WHEREAS, the Planning Commission held an advertised public hearing on the project on June 25, 2008 and voted 6 - 0 - 0 - 1 recommending that the City Council approve/deny the project in accordance with Resolution PCC-08-013; and 5. City Council Record of Application WHEREAS, a hearing time and place was set by the City Clerk of the City of Chula Vista for consideration of 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, 13-100 Resolution No. Page 2 and its mailing to property o""ners and residents within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS, a duly called and noticed public hearing on the project was held before the City Council of the City of Chula Vista on July 8, 2008; to receive the recommendation of the Planning Commission, and to hear public testimony with regard to the same. WHEREAS, the City Council of the City of Chula Vista reviewed and considered the Mitigated Negative Declaration (MND IS-08-01I) and associated Mitigation Monitoring and Reporting Program (MMRP), and Conditional Use Permit (PCC-08-0 13); and WHEREAS, the City Council of the City of Chula Vista after considering all evidence and testimony presented voted X - X - X - X to approve the Project and the Applications in accordance with the findings listed below. NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine, and resolve as follows: B. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on this project held on June 25, 2008 and the minutes and resolution resulting there from, are hereby incorporated into the record of this proceeding. C. ENVIRONMENTAL DETERMINATION The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study (IS-08-0 11), in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordiiiiifiii-'has determined that the project could result in significant effects on the environment. However, revisions to the project made by, or agreed to by, the Applicant would avoid the effects, or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration (IS-08-01 1). D. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-08-0 11) has been prepared in accordance with requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Environmental Review Procedures of the City of Chula Vista, and hereby adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-08-0 11). 13-101 Resolution No. Page 3 E. INDEPENDENT JUDGEMENT OF CITY COUNCIL The City Council does hereby find on the basis of the whole record before it, including the initial study and comments received for the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-08-0 11), that there is no substantial evidence that the project will have a significant effect on the environment and that the Mitigated Negative Declaration reflects the lead agency's independent judgment and analysis. In addition, the City Council does hereby find that in the exercise of their independent review and judgment, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (18-08-011) in the form presented has been prepared in accordance with requirements of the California Environmental Quality Act (CEQA) and the Environmental Review Procedures of the City of Chula Vista and hereby adopts the same. F. CONDITIONAL USE PERMIT FINDINGS The City Council of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of conditional use permits, as herein below set forth, and sets forth, there under, the evidentiary basis that permits the stated finding to be made. 1. That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed use at this location is desirable in that it attracts thousands of visitors to the City of Chula Vista for each event and is televised nationwide. The racetrack facilities are located within a portion of an already disturbed mining operation within the Rimrock Quarry. The camping area is located on land designated for open space active recreation, and the parking area is located on an agricultural field land use designated for future residential use. The racetrack, camping and parking areas are all located a significant distance away from existing residential neighborhoods to the south and west and visually obscured from view to the north and east by the surrounding rock quarry. The nearest residential neighborhoods within the City are over two miles to the north and east. 2. That .such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. This conditional use permit for six (6) race events required environmental documentation that analyzed the proposal with respect to the effect of the proposal on health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. 13-102 Resolution No. Page 4 The Traffic Control Plan would ensure the smooth flow of vehicular traffic to and from the parking areas and the racetrack site to address any traffic congestion at the beginning and end of each race event. For race event participants and spectators, a Security Plan and Emergency Medical Plan would ensure the public health, safety and general welfare. For example, safety precautions such as concrete barriers and fencing, and fire and police equipment and personnel will be provided in order to address the potential impacts of the race events on participants and spectators. In addition, even though race related noise is not regulated by the noise ordinance, noise attenuation measures will be implemented such as barriers behind the grandstands. Also, noise and biological monitoring will be provided during race events as conditions of the Conditional Use Permit. Archeological study areas and open space preserve areas are to be protected with fencing and security personnel as part of the Mitigation and Monitoring Reporting Program compliance. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The temporary racing and related events would be conditioned to comply with all Municipal Code regulations. The Conditional Use Permit requires City Council approval per the unclassified uses provisions for a racetrack in the Zoning Code (l9.54.020J-7), which references the amusement and entertainment facilities development standards of Zoning Code (19.58.040). The Conditional Use Permit requirement allows for the imposition of conditions as requirements that must be adhered to as determined by the City Council. 4. That the granting of this Conditional Use Permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. Because the six (6) race events proposed in the Conditional Use Permit are only being permitted as a temporary land use, the granting of this permit will not require amendments to the Chula Vista General Plan, Otay Ranch General Development Plan, or the creation of a Sectional Planning Area (SPA) Plan for the Planned Community (PC) zoned project site, and as such does not affect the future long-range planning of land uses for the project site. G. TERMS OF GRANT OF PERMIT The City COlillcil hereby grants Conditional Use Permit PCC-08-0l3 subject to the following conditions: 13-103 Resolution No. Page 5 Plannin!! and Sui/din!!: I. The Applicant shall submit building permit plans in conformance with the racetrack site plan layout approved by the City Council. The Director of Planning and Building shall approve any revisions required for compliance with the conditions of approval prior to each race events. 2. The Applicant shall submit building permit plans in compliance with 2007 CBC, and 2004 CEC requirements for temporary power poles, power supply generators, and temporary seating grandstands and canopies. Structural calculations are required for the grandstands. The Applicant shall provide a manufacturer's certification letter of approval for the grandstand installation, as well as provide portable seating system details for review and approval by Director of Planning and Building. 3. The Applicant shall provide plans showing the path of travel from parking areas and restroom facilities to the grandstands in compliance with 2001 Handicapped Accessibility Requirements, SB 1025 and 2005 Title 24 Energy requirements for review and approval by Director of Planning and Building. 4. The Apflicant shall comply with the approved schedule for race events to occur on July 25t - 27th, September Ith - 14th, and December 5th - 7th, 2008. The three race events proposed for 2009 are anticipated to be held on similar dates and shall be approved by the Director of Planning and Building one month prior to the first race event of 2009. The Director of Planning and Building may require a new public hearing before the City Council for the three race events proposed for 2009. In the event that modifications are requested by the Applicant, or required for compliance with the conditions, a new public hearing may be required between each race event as needed to modify or revoke the permit. 5. The Applicant shall enforce hours of operation limiting race events and related activities to between 7 a.m. and 7 p.m. on race event dates. Qualifying and testing on the Fridays immediately prior to race events may be held from 10 a.m. to 5 p.m. 6. The Applicant shall agree to cease all race events in the event of heavy rain where there is significant surface runoff and the safety of race participants and spectators may be in jeopardy as determined by the Director of Planning and Building. .7. The Applicant shall only permit concerts and other live entertainment activities to occur before, during, and immediately after each racing event in association with the race events, between 9:30 a.m. and 7:00 p.m. 8. The Applicant may permit race participant crews, equipment, and race vehicles to remain onsite for the duration of the race events; however, the Applicant shall enforce requirements to ensure race participant teams arrive no sooner than the Wednesday immediately prior to the race events. 9. The Applicant shall not provide any lighting for the racetrack. The Applicant may 13-104 Resolution No. Page 6 provide temporary lighting limited to the race team pit areas, overnight camping areas, and vendor staging areas. If temporary site lighting is proposed, a lighting plan shall be submitted two-weeks prior to first race event for review and approval by the Director of Planning and Building. 10. The Applicant shall provide for general clean up and trash pick-up of the racing pit areas, spectator stands, foodlbeverage areas and parking lots on a continuous and as needed basis throughout the race events to prevent trash and debris from leaving the site to the satisfaction of the Director of Planning and Building. II. The Applicant shall ensure that on-site parking fee collections occur at the easterly terminus of Energy Way, adjacent to the parking areas, to prevent the queuing of vehicles onto City streets. No queuing of vehicles shall be permitted on City streets. If necessary, patrons may be required to circulate vehicles further into the parking area beyond the designated collection point until traffic on-site can accommodate all vehicles arri ving. 12. The Applicant shall prohibit the following actlVltles within the camping area: the creation of any open fire pits; the use.of All-Terrain Vehicles (ATV's) and all other similar motorized vehicles, the use of personal fireworks; campers from leaving the campground and intruding into adjacent Preserve areas; domestic pets without a leash within the campsite areas. The campsite shall be subject to a curfew between 11:00 p.m. and 7:00 a.m. The Applicant shall provide campers a leaflet explaining the biological sensitivity of the surrounding areas as well as the campground rules, including the requirement that camper's only access the racetrack via a shuttle bus. Failure of the campsite area users to abide by the conditions set forth in this permit shall result in the immediate removal of any camper who violates these regulations, or the Applicant shall face revocation of permit provisions for campsite areas. Use of the campsite area is contingent upon enforcement of all conditions of this permit to the satisfaction of the Director of Planning and Building. 13. The Applicant shall provide a Trash and Recycling Plan two-week prior to the first race event to the satisfaction of the Recycling Coordinator and the Director of Planning and Building. A septic truck shall be available to all campsite area users to prevent the illegal dumping of wastewater or the discharge of raw sewage onto areas that may lead to drainage systems, or within the solid waste and recycling receptacles to the satisfaction of the Director of Planning and Building, 14. The Applicant shall secure the racetrack site so access will be closed to the public after the final racing event each day. Overnight use or access to the racetrack will be limited to race participants, crewmembers, and security staff, and all access points to the racetrack site will be closed and/or secured by fencing after racing event activities end each day to the satisfaction of the Director of Planning and Building. 15. The Applicant shall commence clean up of the racetrack site immediately following each race event weekend's activities. All trash and debris generated by the proposed project will be removed. Disturbed areas of the parking and camping areas shall be 13-105 Resolution No. Page 7 stabilized to prevent or reduce soil runoff to the satisfaction of the Director of Planning and Building. 16. The Applicant shall restore or secure the racetrack site as necessary between each of the race events. The general public parking access point from Energy Way shall be closed-off with replacement fencing. All temporary structures such as light poles, grandstand, canopies, portable restroom facilities, and power generators may remain on the racetrack site if secured, or shall otherwise be disassembled and relocated or removed from the site to the satisfaction of the Director of Planning and Building. 17. The Applicant shall provide the date for each practice session two weeks prior to each practice session for review and approval by the Director of Planning and Building. 18. The Applicant shaH comply with the General Plan's Open Space land use designation goals, objectives, and policies for areas of the projects that are located outside the Rimrock Quarry mining operations areas and within Otay Valley District to the satisfaction of the Director of Planning and Building. Environmental: 19. The Applicant shall implement, to the satisfaction of the Director of Planning and Building, all mitigation measures identified in the Final Mitigated Negative Declaration for a Conditional Use Permit for a Temporary Championship Off-Road Race (IS-08-0 11) and Mitigation Monitoring and Reporting Program in accordance with the requirements, provisions and schedules contained therein. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning and Building. 20. The Applicant shall not schedule 2009 race events including non-event practice sessions or other race event operations to occur between February 15th and June 15th. 21. The Applicant shall minimize noise impacts adjacent to the Preserve. As noted on the plans, berms and/or walls will be constructed adjacent to uses that introduce noise that could impact or interfere with wildlife. The proposed project shall install noise attenuation barriers along the backs of all grandstands adjacent to the Preserve to the satisfaction of the Director of Planning and Building. 22. The Applicant shall provide acoustical monitoring at the edge of, and within, sensitive habitat areas, including designated MSCP Preserve areas, to the satisfaction of the Director of Planning and Building throughout any race related activities scheduled between June 16th through September 15th Monitoring locations shall be reviewed and approved by the City's biological consultant prior to any race related activity. Upon completion of the acoustical monitoring, a summary report shall be provided to City staff. 23. The Applicant shall provide biological monitoring within sensItIve habitat areas including designated MSCP Preserve areas, to the satisfaction of the Director of 13-106 Resolution No. Page 8 Planning and Building throughout any race related activities scheduled between June 16th through September 15th to ensure implementation of appropriate resource protection measures. Monitoring shall include, but is not limited to, the following: changes in sensitive species behavior (most notably coastal California gnatcatchers and least Bell's vireo); intrusions into the MSCP Preserve; visible trampling of natural vegetation adjacent to the project footprint; and edge effects at the border of the MSCP preserve and adjacent to the project footprint. Monitoring locations shall focus on adjacent Preserve areas, the locations of which shall be reviewed and approved by the City's biological consultant prior to any race related activities. Upon completion of the biological monitoring, a report summarizing the general baseline biological conditions (i.e., pre-race conditions), the observed effects of race related activities on biological resources, and the Applicant's conformance to the City's adjacency management guidelines shall be provided to City staff. 24. The Applicant shall prohibit pedestrian use of the existing Otay River access road (Camping Area to Track Area) and the existing Wolf Canyon access road (Parking to Track Area) during race events. The Applicant shall post signs reading "No Pedestrians or Private Vehicles - Shuttles Only" along all access roads crossing Wolf Canyon and the Otay River Valley to the satisfaction of the Director of Planning and Building. On-site security staff shall direct race patrons to the appropriate shuttle pick-up/drop-off locations. Methods for enforcement of this condition shall be detailed in the approved Security Plan. 25. The Applicant shall ensure that all parking and camping stalls be sited under the direction of a qualified biologist and archeologist to the satisfaction of the Director of Planning and Building. 26. The Applicant shall prepare and distribute an informational/regulation leaflet to all race participants describing the race venue's proximity to the Preserve and mandatory restrictions including mandatory use of the shuttle buses when crossing Wolf Canyon or the Otay River Valley. The informational/regulation leaflet content is subject to the approval of the Director of Planning and Building prior to the first race events. 27. The Applicant shall enforce the prohibition of firework use of any kind before, during and after each race event. 28. The Applicant shall include in the Security Plan required by the Police Department a description of all activities that are prohibited within or adjacent to Preserve areas. In addition, this section of the Security Plan shall provide a procedure for how violations will be processed in order to maintain the biological integrity of the adjacent Preserve areas. This section of the Security Plan snail be reviewed and approved by the Director of Planning and Building prior to the first race events. Police: 29. The Applicant shall provide a Security Plan two-weeks prior to the first race events for review and approval by the Police Chief and the Director of Planning and 13-107 Resolution No. Page 9 Building. 30. In compliance with the approved Traffic Control Plan, the Applicant shall notify businesses operating on Nirvana and Energy Way at least seven days in advance of each event regarding the use of these public roads for routing general public parking along their frontages to the temporary parking areas. The Police Chief and City Engineer shall review and approve revisions as required to the Traffic Control Plan for race events that occur when there are concurrent concert or other events occurring at the adjacent Cricket Wireless Amphitheater during the 2008-2009 race event season. The Applicant shall provide the 2009 race event schedule to the Police Chief and City Engineer one month prior to the first racing event of 2009. 3 I. The Applicant shall prohibit motorized vehicle use other than race vehicles registered for the race event and permitted team vehicles. Teams are permitted one 4-wheel motorized vehicle and one 2-wheel motorized vehicle. Pennitted team vehicles must prominently display team identification. The Applicant shall post signs in areas where motorized vehicles are prohibited to the satisfaction of the Police Chief. 32. The Applicant shall obtain and provide all required Alcoholic Beverage Control (ABC) permits to the Special Events and Special Investigations Unit prior to any sales of alcohol at any racing and entertainment events. The sale of alcoholic beverages may occur during the races and shall cease one hour prior to the end of the races. Compliance with the limitation to the sales of alcohol by ABC is a condition of this permit. 33. The Applicant shall provide signs at all of the entrances to the racing event indicating the following: Except as provided in California Yehicle Code (CYC) Section 22658, the owner or person in lawful possession of any private property, within one hour of notifying, by telephone or, if impractical, by the most expeditious means available, the local traffic law enforcement agency, may cause the removal of a vehicle parked on the property to the nearest public garage under any of the following circumstances: (l) There is displayed, in plain view at all entrances to the property, a sign not less than 17 by 22 inches in size, with lettering not less than one inch in height, prohibiting public parking and indicating that vehicles will be removed at the owner's expense, and containing the telephone number of the local traffic law enforcement agency. The sign may also indicate that a citation may also be issued for the violation. Fire: 34. The Applicant shall provide an Emergency Medical Plan two weeks prior to the event for approval by the Fire Chief and/or his designee. No race will start or a "hold the start" will be enforced until approval of these plans, followed by a failure to comply fine. 35. The Applicant shall provide an Emergency Evacuation Plan two weeks prior to the event for approval by the Fire Chief and/or his designee. No race will start or a "hold 13-108 Resolution No. Page 10 the start" will be enforced until approval of these plans, followed by a failure to comply fine. 36. The Applicant shall provide: (1) a race pit indemnification letter that includes all vehicle repair/hazmatlwelding within the pit areas; and (2) a firework indemnification letter acknowledging that the City has prohibited the use of fireworks,. These indemnification letters shall be provided to the Fire Chief and/or his designee two weeks prior to the event. No race will start or a "hold the start" will be enforced until submittal and approval of these documents are obtained, followed by a failure to comply fine. 37. The Applicant shall provide the complete site plan a minimum of two weeks prior to the event to the Fire Chief and/or his designee for approval. The site plan shall include emergency exits. Non-compliance may result in a "hold the start" until submittal and approval, followed by a failure to comply fine, and followed by a stop to the event. 38. The Applicant shall, for generators: (1) provide a generator plan to the City of Chula Vista and the Fire Department for approval; (2) submit a complete manifest; (3) pay the permit fee and; (4) obtain a Fire Department permit by completing an inspection and receiving clearance prior to the event from the Fire Chief and/or his designee. Non-compliance will result in a notice of violation, followed by the removal of all non-compliant generators, and followed by a failure to comply fine. 39. The Applicant shall submit plans for approval of all grandstands (identifying the o'ccupant load, aisles, etc.), and obtain a fire code permit for the grandstands from the Fire Chief and/or his designee prior to erecting any grandstands. Non-compliance will result in a "hold the start" of the race, and followed by a failure to comply fine. 40. The Applicant shall provide a site plan for the camping area that shall include fire department access, approved grades, fire lanes, fire department turnaround, etc., two weeks prior to the event to the Fire Chief and/or his designee for approval. Camping shall be maintained according the approved camping plans. Non-compliance will result in a notice of violation, followed by towing of campers or vehicles, holding the race start, and followed by a failure to comply fine. 41. The Applicant shall maintain emergency exits, provide exit signs, provide 44-inch aisles and provide openings in fenced area and shall submit to an inspection and receive approval from the Fire Chief and/or his designee. Non-compliance will result in a notice of violation, followed by holding of the race start, and followed by a failure to comply fine. 42. The Applicant shall submit tent plans, pay permit fees, and obtain all tent permits (including the Baldwin tent) and approval for tent locations. All other requirements of a tent permit shall apply. An inspection and clearance from the Fire Chief and/or his designee shall be obtained prior to the event. Non-compliance will result in a notice of violation being written, followed by a "do not occupy", followed by the removal of the tent, and followed by a failure to comply fine. 13-109 Resolution No. Page 11 43. The Applicant shall include all practice sessions in the Emergency Medical Plan. Practices are limited to practice only. The Applicant shall notify the Fire Chief and/or his designee two weeks in advance for all practice sessions. Non-compliance will result in a notice of violation, followed by holding the practice session/no practice session, and followed by a failure to comply fine. 44. The Applicant shall provide for the pit areas the following: (1) no public assembly tents over 200-sq. ft.; (2) fire extinguishers and; (3) clear fire lanes at all times. Inspection and approval prior to the event shall be obtained from the Fire Chief and/or his designee. Non-compliance will result in a notice of violation, followed by closure of the pit, and followed by a failure to comply fine. 45. The Applicant shall provide exiting aisles of required aisle width as approved by the Fire Chief and/or his designee to be maintained and kept clear at all times. Non- compliance will result in a notice of violation, followed by a failure to comply fine, and followed by a hold of the race start. 46. The Applicant shall provide fire lanes that are striped, maintained, and always unobstructed as approved by the Fire Chief and/or his designee to be maintained and kept clear at all times. The Applicant shall provide a tow truck in the pit area dedicated to removing vehicles illegally parked in the fire lanes. Non-compliance will result in a failure to comply fine. 47. For the Food Prep Area the Applicant shall: (1) obtain approved clearance from tents; (2) maintain proper propane clearance and; (3) provide fire extinguishers. Prior to the event, the Applicant shall submit to an inspection and receive approval from the Fire Chief and/or his designee. Non-compliance will result in a notice of violation, followed by closure of the food prep area until all corrections are made, and followed by a failure to comply fine. 48. For the grandstand tents, the Applicant shall obtain the fire department permit, pay the permit fee, post no smoking signs, provide fire extinguishers, provide exit signs (all in accordance with CFC 2007) and submit to an inspection and receive approval prior to the event from the Fire Chief and/or his designee. Non-compliance will result in a notice of violation, followed by closure of the grandstand tent area, and followed by a failure to comply fine. 49. The Applicant shall obtain a public assembly permit III compliance with 2007 California Fire Code and submit to an inspection and receive approval prior to the event from the Fire Chief and/or his designee. Non-compliance will result in a notice of violation, followed by holding of the race start, followed by failure to comply fine, and followed by the closure of the event. 50. For the Fuel truck, the Applicant shall: (1) obtain a fire department permit; (2) submit a complete manifest; (3) pay the permit fee; (4) obtain the location and clearance approval with prior to event and; (5) submit to an inspection and receive approval prior to dispensing fuel from the Fire Chief and/or his designee. Non-compliance will 13-110 Resolution No. Page 12 result in no fuel dispensing being allowed and a notice of violation issued, followed by fuel truck removal, and followed by a failure to comply fine. 51. The Applicant shall provide and maintain approved Fire Department Access, including access to the racetrack, at all times per the CFC 2007 and/or as approved by the Fire Chief and/or his designee. A test drive shall be conducted prior to each event. Non-compliance will result in a notice of violation, followed by holding the race start, and followed by a failure to comply fine. Enf!ineerinf!: 52. The Applicant shall show and identify on site plans all existing sewer lines, water lines, and all easements on all properties within the project boundaries to the satisfaction of the City Engineer. 53. The Applicant shall maintain roadway access for San Diego Gas and Electric, the City of Chula Vista, the City of San Diego, Otay River (SR-125) Construction, and all other local, state, and federal governmental agencies that need access to sewer lines, the water lines/aqueduct, toll way construction etc., in order to fulfill functions that occur as part of business and governmental operations within the affected properties. 54. The Applicant shall apply for a construction permit to perform work within public right-of- way to remove and replace the curb, gutter and sidewalk located at the cul- de-sac terminus of Energy Way that will provide access to the general public parking area prior to the first race event. Gravel shall be provided over the length of the Energy Way entrance to eliminate the tracking of mud onto public streets to the satisfaction of the City Engineer. The Energy Way driveway shall be replaced with a Chula Vista Standard driveway CVCS-IA. 55. The Applicant shall maintain the access and operation of the two existing de silting basins along the south side of the quarry property at all times. The Applicant shall clean these de silting basins as necessary for maintenance for storm runoff to be directed to those desilting basins before leaving the site to the satisfaction of the City Engineer. 56. The Applicant shall submit a final grading plan of the site demonstrating that the drainage patterns for all runoff leaving the project site will pass through the existing desilting basins, prior to the first race event on the site to the satisfaction of the City Engineer. 57. The Applicant shall provide plans showing all portable toilets a minimum of 50-ft. away from the existing storm water desilting basins to the satisfaction of the City Engineer. 13-111 Resolution No. Page 13 Public Works: 58. The Applicant shall provide access to all sewer manholes and telemetry vaults located on the site prior to holding any racing events at the Rimrock Quarry. Applicant shall submit detailed construction plans and cost estimates to the City Engineer for the permanent adjustment to grade of manholes, telemetry vaults, and concrete pads no later than August 29 2008. Applicant shall obtain a construction permit (including the provision of faithful performance and material and labor securities) and complete said construction work no later than one month prior to the 2009 season's first race event. 59. In addition to the Best Management Practices (BMPs) proposed in the approved Storm Water Pollution Prevention Plan (SWPPP) and its addendum the Applicant shall nominate a person to be in charge of conducting inspections and maintaining BMPs before, during, and after the race events. The name and contact number of the designated person shall be provided to the Storm Water Management Section two- weeks prior to first race event. In addition, the person nominated shall provide an informational/regulation leaflet to all race participants describing the BMPs that are required to be used on site. The language to be included in the leaflet shall be reviewed and approved by the Storm Water Management Section and Public Works Director two-weeks prior to first race event. 60. The Applicant is required to obtain coverage under the NPDES General Construction Permit that includes the access road leading to the proposed campsite on the south ...side of the Otay River, based on NPDES Regulations for soil disturbance. In addition, the berm that was constructed along the southern edge shall have erosion control protection provided by the Applicant in the form of hydro seeding or bonded fiber matrix. A copy of the receipt of the Notice of Intent shall be submitted to the Storm Water Management Section within two-weeks prior to first race event. The SWPPP shall be amended to include BMPs for this access road to the satisfaction of the Storm Water Management Section and Public Works Director. General: 61. The Applicant shall provide good faith deposits toward the fulfillment of certain conditions noted above as follows: (a) Two weeks prior to the first race event, a good faith deposit to the City of Chula Vista in the amount of $15,000, which shall be used towards the remedy of actions deemed necessary by the City of Chula Vista, as specified in Mitigation Measure No.3 of the MMRP for MND (IS-08-0ll) referenced in condition No. 19 related to fencing the Preserve that fail to be implemented and maintained according to their terms immediately upon notification during any race events. The basis of the deposit is for reimbursement for City personnel services at current full cost recovery rates, costs of materials, and for outside contractors, if needed. To the extent that the deposit is used and/or exceeded, the Applicant will be required to refund the balance due in advance of the next race event; 13-112 Resolution No. Page 14 (b) In the event that the sewer manhole condition No. 58, except permanent adjustment/construction is not resolved two weeks prior to the September 2008 race events, an additional $90,675 deposit must be provided. The basis of the deposit is for reimbursement for City personnel services at current full cost recovery rates, costs of materials, and for outside contractors, if needed. To the extent that the deposit is used and/or exceeded, the Applicant will be required to fund the balance due in advance of the next race event. The deposit shall be reviewed and approved by the Planning and Building Director two weeks prior to the September 2008 race event. 62. Applicant shall provide proof of liability insurance coverage naming the City of Chula Vista as an additionally insured party in the amount of $10 million. The liability insurance policy shall be reviewed and approved by the Risk Management Department two weeks prior to the first race event. 63. The Applicant shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permit tee of a substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. 64. The Applicant shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit (PCC-08-013) and the Final Mitigated Negative Declaration for this Conditional Use Permit allowing for a Temporary Championship Off-Road Race (IS-08-011) and Mitigation Monitoring and Reporting Program, (b) City's approval or issuance of any other permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) the activities conducted in conjunction with this Conditional Use Permit and Final Mitigated Negative Declaration, including all claims for damages for alleged personal injuries or property damage from any person or entity, whether such inj ury or damage is allegedly caused by Applicant/operator, race participants, vendors, or spectators. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this conditional use permit where indicated, below. Applicant's/operator's compliance with this provision is an express condition of this Conditional Use Permit (PCC-08-0 13) and this provision shall be binding on any and all of Applicant' s/operator' s successors and assigns. 13-113 Resolution No. Page 15 H. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020 (a) and failure to follow timely this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other exactions, which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. 1. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the Applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and Applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or Applicant. Failure to return a signed, stamped copy of this recorded document within ten davs of recordation to the City Clerk shall. indicate the property owners/Applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk's Office and known as document No._. Signature ofXR Promotions, LLC Applicant/Property Owner Date Signature of Applicant's Event Representative From Championship Off-Road Racing (CORR) Date J. 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 future race events under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. 13-114 Resolution No. Page 16 K. 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 anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect. Presented by Approved as to form by Nancy M. Lytle, Acting Planning Director '~~, I~~~ ~ Bart Miesfeld Interim City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 8th day of July, 2008, by the following vote: AYES: Council members: NA YS: Council members: ABSENT: Council members: ABSTAIN: Council members: Cheryl Cox, Mayor ATTEST: Donna Norris, Interim City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna Norris, Interim City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the this 8th day of July, 2008. Executed this 8th day of July 2008. Donna Norris, Interim City Clerk 13-115 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO WAIVE THE FULL COST RECOVERY RATE FOR POLICE SERVICES FOR THE CHAMPIONSHIP OFF ROAD RACING (CORR) RACE EVENTS, AUTHORIZING AN ALTERNATIVE RATE OF COST RECOVERY OF OVERTIME PLUS 20%, AND APPROPRIATING $27,859 TO THE POLICE DEPARTMENT FISCAL YEAR 2008/2009 PERSONNEL SERVICES BUDGET FOR OVERTIME COSTS WHEREAS, the Police Department received a request from representatives of Championship OtT Road Racing (CORR) to reduce the fee for fire and emergency medical services for the racing cup season that includes three racing weekends per year from 2008 through 2009; and WHEREAS, since 2005, the City has historically lowered the fees for public safety related services from the "Full Cost Recovery Rate" to "Overtime plus 20%"; and WHEREAS, police services are required for the purpose of ensuring the safety of participants and those in who will be attending these events; and WHEREAS, the CORR events bring significant positive publicity to the City of Chula Vista; and WHEREAS, the "Overtime plus 20%" rate will completely offset the direct costs to provide police services for the race event; and WHEREAS, an appropriation of $27,859 will need to be made to the fiscal year 2009 Police Department Personnel Services budget for overtime costs which will be completely offset by the event fees. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista as follows: 1. That it authorizes the City Manager to waive the full cost recovery rate for police services for the Championship Off Road Racing (CORR) season from 2008 through 2009 for three racing weekends per year. 2. That it authorizes an alternative rate of cost recovery of overtime plus 20%. 13-116 Page 2, Item: Meeting Date: 1/23/07 3. That it appropriates $27,859 to the Police Department Fiscal Year 2008/2009 Personnel Services budget for overtime costs. Presented by: Approved as to form by: /) ~~/L /L~~i;:- ~ Bart Miesfeld {i Interim City Attorney Richard P. Emerson Police Chief J:\Attomey\ELlSA\RESOS\CORR 2008 police cost recovery.doc 13-117 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MAi'JAGER TO WAIVE THE FULL COST RECOVERY RATE FOR FIRE Ai'JD EMERGENCY MEDICAL SERVICES FOR THE CHAMPIONSHIP OFF ROAD RACING (CORR) RACE EVENTS, AUTHORIZING AN ALTERNATIVE RATE OF COST RECOVERY OF OVERTIME PLUS 20%, AND APPROPRIATING $33,567 TO THE FIRE DEPARTMENT FISCAL YEAR 2008/2009 PERSONNEL SERVICES BUDGET FOR OVERTIME COSTS WHEREAS, the Fire Department received a request from representatives of Championship Off Road Racing (CORR) to reduce the fee for fire and emergency medical services for the racirig cup season that includes three racing weekends per year from 2008 through 2009; and WHEREAS, since 2005, the City has historically lowered the fees for public safety related services from the "Full Cost Recovery Rate" to "Overtime plus 20%"; and WHEREAS, fire and emergency medical services are required for the purpose of ensuring the safety of participants and those in who will be attending these events; and WHEREAS, the CORR events bring significant positive publicity to the City of Chula Vista; and WHEREAS, the "Overtime plus 20%" rate will completely offset the direct costs to provide fire and emergency medical services for the race event; and WHEREAS, an appropriation of $33,567 will need to be made to the fiscal year 2008/2009 Fire Department Personnel Services budget for overtime costs which will be completely offset by the event fees. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista as follows: 1. That it authorizes the City Manager to waive the full cost recovery rate for fire and emergency medical services for the Championship Off Road Racing (CORR) season from 2008 through 2009 for three racing weekends per year. 2. That it authorizes an altemati ve rate of cost recovery of overtime plus 20%. 13-118 3. That it appropriates $33,567 to the Fire Department Fiscal Year 2008/2009 Personnel Services budget for overtime costs. Presented by: Approved as to form by: James S. Geering Interim F ire Chief \--(A~v!l- ~ ~ 17?'--.- Bart Miesfeld' rf . Interim City Attorney J:\Anorney\ELISA\RESOS\CORR 2008 fire cost recovery.doc 13-119 CITY COUNCIL AGENDA STATEMENT ,-\ ~f::. CITY OF :Co<: ~ (HULA VISTA JULY 8, 2008, Item~ SUBMITTED BY: CONSIDERATION OF CHARTER REVIEW COMMISSION RECOMMENDATION REGARDING PROPOSED CHARTER AMENDMENT TO ADD TERM LIMITS FOR THE MAYOR AND CITY COUNCIL MEMBERS CITY ATTORNEY ON BEHALF OF THE CHARTER REVIEW COMMIS CITY MANAGER ASSISTANT CITY ITEM TITLE: REVIEWED BY: 4/5THS VOTE: YES D NO ~ SUMMARY This item is submitted on behalf of the Charter Review Commission. The Commission is proposing an amendment to Section 300.D. of the City Charter. The proposed amendment would limit the number of terms an individual may serve in the office of Mayor or Councilmember. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a" Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION That Council consider the Commission's recommendation. BOARDS/COMMISSION RECOMMENDATION This recommendation has been submitted by the Charter Review Commission. There are no other related board or commission recommendations. DISCUSSION The Charter Review Commission has met several times over the past two years to develop a recommendation to the City Council regarding term limits. As a result, the Commission has composed language which would replace Section 300.D. of the City's charter. The J:\Attomey\JILLMIAGENDA ST A TEMENTSICRC\Charter Review commiSSion<Ofr2_;-23-08_JOSM Redline2--CLEAN CCdoc JULY 8, 2008, Item-1.::l Page 2 of2 Commission is requesting that the City Council: (i) consider the recommendation and (ii) direct City staff to proceed with placing the Charter amendment language on the November ballot for consideration by the voters. The proposed Charter amendment would limit the number of terms that anyone person could serve as mayor, or as a councilmember, to two, four-year terms. The proposed amendment would not be retroactive; it would not apply to any prior, or current, members of the City Council. The proposed language, which would replace Charter Section 300.D., is included as Attachment I to this Agenda Statement for the Council's reference. In order for the Charter to be amended as recommended by the Commission, the proposed amendment must be submitted to the voters. If placed on the ballot, the proposed amendment must obtain a majority vote in order to pass. If the Council chooses to place the proposed Charter amendment on the November 2008 ballot for consideration by the voters, staff will return to the Council before August 8, 2008, with the necessary resolution in order to proceed with the ballot process. A schedule of the key dates for the November election is included as Attachment 2 to this Agenda Statement. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and, consequently, the SOO-foot rule found in California Code of Regulations section I 8704.2(a)(I) is not applicable to this decision. FISCAL IMPACT The estimated cost to the General Fund for placing this item on the November 4, 2008 ballot is $34,000. ATTACHMENTS Attachment I - Proposed Amendment to Charter Section 300.D. Attachment 2 - Summary ofImportant Election Dates Prepared by: Jill Maland, Deputy City Attorney, Office of the City Attorney J:\AltomeyIJILLM\AGENDA ST A TEMENTS\CRC\Charter Review commissiOI'l-Drf~ '2J+08_JDSM Redlinc2--CLEAN CC.doc ATTACHMENT 1 PROPOSED AMENDMENTTO CHARTER SECTION 300.D No person shall be eligible for nomination and election to the office of City COlUlcilmember or the office of Mayor for more than two full terms, and no person who has held the office of City COWlcilmember for two full terms or the Office of Mayor for two full terms, may again seek nomination and election to said office of City COWlcilmember or office of Mayor, respectively. If a person serves a partial term in excess of two years, it shall be considered a full term for the purpose of this provision. The above-referenced lifetime term limitation shall apply only to terms of office that began on or after DATE ENACTED. In no event shall the application of this provision permit any person, who has held the office of City COWlcilmember for a period of two (2) consecutive terms or the office of Mayor for a period of two (2) consecutive terms (including terms of office that began prior to DATE ENACTED) again seek nomination and election to the office of City COWlcilmember or office of Mayor respectively, Wltil a period of one (I) year from the termination of the second term of office as a City COWlcilmember or as Mayor has elapsed. J:\AttomeyIJILLM\CHARTER REVIEW COM'N\Proposed Tenn Limit Language 06-23-08Joc 14-;1 ~V?- ~ ~~~~ CllY OF CHULA VISTA July 7 July 22 August 08 August 13 August 15 August 18 August 19-28 August 20 August 21 August 21- September 2 August 28 August 29- September 8 ATTACHMENT 2 MEMORANDUM OFFICE OF THE CITY CLERK BALLOT MEASURES CALENDAR FOR NOVEMBER 4, 2008 ELECTION Report and resolutions due for 07/22 Council meeting City Council adopts resolutions ordering a measure to be submitted to the voters; directing, if desired, the City Attorney to prepare an impartial analysis; and authorizing, if desired, member(s) of the Council to prepare and file an argument in favor of or against and rebuttal argument, if necessary, to be printed in the sample ballot. City Clerk delivers adopted and executed resolution(s) to the Registrar of Voters. City Clerk submits notice of deadline for filing arguments for publication in newspaper. Notice of deadlines for arguments is published. Impartial analysis of measure due to City Clerk, if so directed by the Council Public review period for City Attorney's impartial analysis Arguments in favor of and against measure due to City Clerk by 5 :00 p.m. City Clerk selects an argument in favor of and against the measure and trades arguments for preparation of rebuttals. Public review period for ballot arguments in favor of and against. Rebuttal arguments due to City Clerk by 5:00 p.m. Ten-day "public review period" of ballot measure arguments, rebuttals and other materials before printing in the sample ballot. J:\Attomey\JILLM\CHARTER REVIEW CQM'N\Ballot measures calendar procedures_06-18-08.doc 14-4 I . ~(~ ~ :;..=~= ~ Mayor and City Council City Of Chula Vista 276 Fourth A.venue Chula Vista, Ca 91910 619.691.5044 - 619.476.5379 Fax MEMO CllY OF CHULA VISTA .~~_ :.~~~"B'lt~- .~:\!.' -~.',' ,-",,~~-'" 1;f!~f~l~~~~g'.~'f-1' _~,,~';:J~7A~h:?Jm1i~ ;;~~i*-;,,;,~~~gft~_~-:':df~~:t ~~~ June 19, 2008 FROM: Office of the Mayor & City Council Lori Peoples, Senior Deputy City Clerk Lorraine Bennett, Deputy City Clerk Mayor Cheryl cox~ Jennifer Quijano, Constituent Services ManagC~.. . ~rJ() Cultural Arts Commission appointment TO: VIA RE: :;'~ = " ,,"~:,--.:;~~'_~~F- ~€:~~_1f;i:~..~:~'-" ,;~~;~'> w.:~~~~J:1';~~_ '" ~~f f;~~'l ~~ The following candidate has been recommended for appointment to the Cultural Arts Commission. The ratification of this candidate has been placed on the July 8, 2008 Council agenda. Erica Fessia has been a resident of Chula Vista for the past 35 years. Erica is the Co- Founder and Executive Director of the South Bay Children's Museum Erica is currently involved in LEAD San Diego, Girl Scouts, Chula Vista Recreation, Toastmasters and Eastlake Community Church. Erica is also a recent graduate of the City's Spring 2008 Citizens Leadership Academy. . / '-~ ^ I i ~\f? ~ ~5=? Mayor and City Council City Of Cllula Vista 275 Fourth Avent-ole Chula Vista, Ca 91910 619.691.5044 - 619.476.5379 Fax MEMO CI1Y OF CHULA VISTA iEi~,W~,~"..,(~~;:. ~. '~ii~_" "/~:~).i~.~~;t.~~.~~l:,~~~ 'r:~:t~' ;'~:J;:l~1~ -~?;.~~!;;'~:!,:;;~~~':'",' 4~ '~ June 25, 2008 FROM Office of the Mayor & City Council Lori Peoples, Senior Deputy City Clerk Lorraine Bennett, Deputy City Clerk MaYOrChe~ICox~ Jennifer Quijano, Constituent Services Managed' International Friendship Commission appointment TO: VIA: RE: t:r~'iJ!'~~~~@;~~~~~~~~~~~""'1';;~~5t~:Jf.;~~~:itJil~111 The following candidate has been recommended for appointment to the International Friendship Commission. The ratification of this candidate has been placed on the July 8, 2008 Council agenda. Misty Tienken has been a resident of Chula Vista for the past 2.5 years. Misty works for AT&T as a sales support representative. She is currently enrolled at Grossmont College, working on a degree in Political Science. I . . I I ! / )" r' i (t:. ,.' 1400 K STR;::ET SACR.......vrEN70, CA. 9531 ct PH: (916) 653~3:00 FX: (91.6) 658-3240 R-"'~'\r~~' \-. "_ I }.o.', \~\..J~! 'f 1._L' 't8 J;N is "'t"", A 1,1<,; '1"" wW''I1.c..;.crr!E.S.ORG L, I U ~11Ul VI,), ':" IJl'Ueasl! review tftnis ~!:Ef\\lI~i1\i'~W;{ iNIew proceclllIres were adcp'l::ad illl 20016 regalT\tllill'llg cilesignaticll1l of vctill1lg delegates and a!tsmates and vctillllg at the Ali\lll1lual CCD1Iferell1lce. June 13,2008 TO: Mayors, City Managers and City Clerks RE: DESIGNATION OF VOTING DELEGATES A1'ID ALTERNATES League of California Cities Anmmal Conference - September 24-27, Long Beach The League's 2008 Annual Conference is scheduled for September 24-27 in Long Beach. An important part ofthe Annual Conference is the Annual Business Meeting, scheduled for 8:30 a,m., September 27, at the Long Beach Convention Center. At this meeting, the League membership considers and takes action on resolutions that establish League policy. In order to vote at the lUl11ual Business Meeting, your city council must designate a voting delegate, In the event that the designated voting delegate is unable to serve in that capacity, your city may appoint up to two alternate voting.delegates. In.2006, Lhe ability to appoint up to two alternates was the result of approval of a League bylaws amendment that increased the number of voting delegate alternates from one to two. Please complete tile attaclled! Voting Delegate form and reh!lrI!l it to the League's office [110 later than September 5, so that voting delegate/alternates records may be established prior to tile cOIDlference. At the conference, voting delegate forms may be returned to the Voting Delegate Desk located in the conference registration area. Please note the following procedures that are intended to ensure the integrity of the voting process at the Annual Business Meeting. '" Adnolffi by Cmmdl RelJ[lffiiu-ed!. Consistent with League bylaws, a city's voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy ofthe council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. " Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. At least one must be present at the Business Meeting and in possession of voting card in order to cast a vote. Voting delegates and alternates -more- "~ - ('I _/ are requested to pick up meir conference badges before signing in and picking up me votiilg delegate card at l1}e Voting Delegates Desk. This will enable mem to receive me special stamps on meir name badges mat will admit mem into the voting area during the Business Meeting. . Trallsferring Voting Card to Non-Designated Individuals Not AlIowed. The votiIlg card may be transferred freely between me voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find memselves unable to attend the Business Meeting, l1}ey may not transfer the voting card to anomer city official. . New Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special stamp on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they should be sure to sign in at the Voting Delegate desk and obtain the special stamps on their badges. The Voting Delegate desk in the conference registration area will be open September 24, 25 and 26, and prior to the Business Meeting on September 27. The conference registration area will open at 12:00 p.m., on September 24, at the Long Beach Convention Center. The Voting Delegate desk will also be open at the Business Meeting, but not during a roll call vote, should one be undertaken. The voting procedures that will be used at the conference are attached to this memo. Please share it and this memo with your council and especially with the individuals your council designates as your city's voting delegate and alternates. Once again, thank you for completing the voting delegate and alternate form and returning it to the League office by September 5. If you have questions, please call Mary McCullough at (916) 658-8247. Attachments: G 2008 Annual Conference Voting Procedures Q Voting Delegate/Alternate Form \ LEAGUE '-- OF CALlfOR.:'HA CITIES 1400 K Street, Suite 400. Sacramento, California 95814 Phone: 916,658,8200 Fax: 916,658,8240 www.cacities.org Annual Conference Voting Procedures 2008 Annual Conference I, One City One Vote. Each member city has a right to cast one vote on matters pertaining to League policy, 2, Designating a City Vofillg Representative. Prior to the iVlllual Conference, each city council may designate a voting delegate and up to ViVO alternates; these individuals are identified on the Voting Delegate Form pro,ided to the League Credentials Committee, 3, Registering with the Cndentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area, We encourage voting delegates and alternates to sign in at the Voting Delegate Desk so that they may receive a special stamp on their name badge and thus be admitted to the voting area at the Business Meeting, 4, Signing Illitiated Resolution Petitions, Only those individuals who are voting delegates (or alternates) and who have picked up their city's voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk may sign petitions to initiate a resolution, 5, VotilIllg. To cast the city's vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee, The voting card may be transfened freely between the voting delegate and alternates, but may not be transferred to another city official who is not either a voting delegate or alternate. 6. Voting Area at Business Meeting, At the Business Meeting, individuals with the voting card will sit in a separate area. Admission will be limited to those individuals with a special stamp on their name badge identifying them as a voting delegate or alternate. Ifthe city's voting delegate and alternates wish to sit together, all should sign in at the Voting Delegate desk and obtain the special stamps on their badges. 7. Resolving DiSjputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting. I,-c' ~. I -' \ LEAGUE '-- OF CALI FORNIA CITIES II CITY 2008 A.,i'ooNuAL CONFERENCE VOTING DELEGA TEl AL TERt~A TE FORM Please complete this form and return it to the League office by September 5, 2008. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up' to two alternates. In order to vote at the i\nnual Business Meeting, voting delegates and aiternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council. Please note: Voting delegates and alternates will be seated in a separate area at the i\nnual Business Meeting. Admission to this special area will be limited to individuals (voting delegates and alternates) who are identified with a special stamp on their conference badge. If your city's voting delegate and alternates wish to sit together at the Business Meeting, they are all encouraged to sign in at the Voting Desk in order to obtain the identifying stamp that will admit them to the special voting area. 1. VOTING DELEGATE Name: Title: 2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Name: Title: Title: PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING vOTING DELEGATE' A.ND ALTERi'lATES. ATTEST (I affirm that the informatiollJl provided reflects action by tile city council to designate the voting delegate and aUemate.) Name: Phone: Title: Date: Please complete and return bv Septembel' 5 to: League of California Cities ATTN: Mary McCullough FAX: (916) 658-8240 1400 K Street Sacramento, CA 95814 AC2Q08V otingDeJegateLetter.cto<:: , , ;' (_c-~ --- I