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2009/08/11 Agenda Packet
I declare under penalty of perjury that I am employed by the City of Chula Vista in the ''"~"S ~ Office of the City Clerk and that I posted this document on the bulletin board according ip~ ~~ ' - "_ '" ~ ' Brown Act requirements. `\ ted Si ned C~ i q _ ~'~~- CfIY OF CHULA VISTA Cheryl Cox, Mayor ~/ Rudy Ramirez, Councilmember fames D. Sandoval, City Manager /% `'~ John McCann, Councilmember Bart Miesfeld, City Attorney Pamela Bensoussan, Councilmember Donna Norris, City Clerk Steve Castaneda, Councilmember REGULAR MEETING OF THE CITY COUNCIL AND A SPECIAL MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA August 11, 2009 4:00 P.M. Council Chambers City Hall -Building 100 276 Fourth Avenue CALL TO ORDER ROLL CALL: CounciUAgency Members: Bensoussan, Castaneda, McCann, Ramirez, and Mayor/Chair Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY PRESENTATION BY OLYMPIC TRAINING CENTER DII2ECTOR, TRACY LAMB, OF FOUR CHECKS IN THE AMOUNT OF $3,000 EACH FROM THE PROCEEDS OF THE OLYMPIC TRAINING CENTER'S FIRST ANNUAL SK TO CHRIS BOYD, FOR THE FRIENDS OF CHULA VISTA PARKS AND RECREATION; VIRGINIA TAYLOR FOR THE FRIENDS OF THE LIBRARY; KEN WEIMER FOR THE FRIENDS OF THE CHULA VISTA NATURE CENTER; AND DEBBIE MARTIN FOR CHULA VISTA ANIMAL SHELTER'S HELP AND EDUCATION FOR ANIMAL RESPONSIBILITY TEAM (H.E.A.R.T.) PRESENTATION OF THE GAYLE McCANDLISS ARTS AWARD WINNERS FOR 2009, BY CULTURAL ARTS COMMISSIONERS RON BOLLES AND SARA DEAVENPORT TO DENCY SOUVAL (DISTINGUISHED BRAVO AWARD) AND RENEE SANDOVAL (RISING STAR AWARD) PRESENTATION BY JERRY RINDONE, VICE CHAII2MAN, METROPOLITAN TRANSIT SYSTEM (MTS) BOARD, OF THE "OUTSTANDING PUBLIC TRANSIT SYSTEM FOR 2009 AWARD" PRESENTED TO THE MTS BY THE AMERICAN PUBLIC TRANSPORTATION ASSOCIATION CONSENT CALENDAR (Items 1-11) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Council member, 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 pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 1. APPROVAL OF MINUTES of Apri121, 2009. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS Memorandum from Councilmember Castaneda requesting excused absences from the August 6, 2009 meetings. Recommendation: Council excuse the absences. 3. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CLOSURE OF THIRD AVENUE FROM "D" STREET TO "I" STREET AND "H" STREET BETWEEN SECOND AND FOURTH AVENUE, AND PORTIONS OF INTERSECTING STREETS FOR THE ANNUAL STARLIGHT PARADE ON DECEMBER 5, 2009 FROM 1:00 P.M. TO 10:00 P.M. B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THIRD AVENUE VILLAGE ASSOCIATION FOR THE 47TH ANNUAL STARLIGHT PARADE ON DECEMBER 5, 2009 The annual Stazlight Parade is a long standing holiday tradition in the community and will be held for the 47`h yeaz in Chula Vista. For the pazade, the Third Avenue Village Association (TAVA) requests the closure of Third Avenue between "D" and "I" Streets, between Second and Fourth Avenues and portions of intersecting streets from 1:00 p.m. to 10:00 p.m. on Saturday, December 5, 2009. (Office of Communications/City Manager) Staff recommendation: Council adopt the resolutions. 4. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ENTERING INTO A PROPERTY USE LICENSE AGREEMENT WITH TRUGREEN LANDCARE B. RESOLUTION OF ENTERING INTO COAST ARBORIST THE CITY COUNCIL OF THE CITY OF CHULA VISTA A PROPERTY USE LICENSE AGREEMENT WITH WEST Page 2 -Council Agenda htto://www.chulavistaca.eov August 11, 2009 Due to current budget constraints, the Pazks Maintenance and the Open Space Divisions of Public Works are scheduled to terminate or suspend ongoing maintenance contracts for fiscal year 2009/2010. This requires these divisions to perform some of these services with City personnel, while deferring or ceasing others. Two current contractors, TruGreen LandCaze and West Coast Arborist have offered to continue their services to the City at no cost in exchange for staging locations from which they can service their local contracts. (Director of Public Works) Staff recommendation: Council adopt the resolutions. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $2,864,605 FROM THE BUREAU OF JUSTICE ASSISTANCE FOR THE 2009 RECOVERY ACT COMBATING CRIMINAL NARCOTICS ACTIVITY ALONG THE SOUTHERN BORDER OF THE UNITED STATES GRANT, APPROPRIATING SAID FUNDS TO THE FISCAL YEAR 2009 AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) FUND, AND ADDING TWO POLICE AGENTS AND ONE PUBLIC SAFETY ANALYST TO THE AUTHORIZED POSITION COUNT FOR THE CHULA VISTA POLICE DEPARTMENT (4/STHS VOTE REQUIRED) The Chula Vista Police Department received notice of a grant award in the amount of $2,864,605 from the Office of Justice Programs' Bureau of Justice Assistance to act as the fiduciary for the San Diego Regional Criminal Nazcotics and Border Violence Project. This two-year project will supplement existing HIDTA-initiated task forces with ten positions from local law enforcement agencies. The Chula Vista Police Department will assign three positions (two detectives and one analyst) to the project. The Police Department Special Investigations Unit will oversee the implementation and overall management of the project. The objective of this project is to dismantle and disrupt major narcotics operations and associated violent activity along the southern border. (Police Deparhnent) Staff recommendation: Council adopt the resolution 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO UNIFIED PORT DISTRICT FOR CITY POLICE, FIRE, AND EMERGENCY MEDICAL SERVICES TO BE PROVIDED ON PORT DISTRICT LANDS WITH PAYMENT FOR THE SERVICES TO THE CITY, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY The City of Chula Vista has provided police, fire, and emergency medical services to the San Diego Unified Port District since 1994. These services aze provided on Port District lands, which do not generate ad valorem tax revenues. The City and the Port District reached an agreement to continue providing these services during Fiscal Yeazs 2010 through 2012. (Police Depaztment) Staff recommendation: Council adopt the resolution. Page 3 -Council Agenda http://www.chulavistaca.eov August 11, 2009 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $6,500 FROM THE SAN DIEGO POLICE FOUNDATION TO FUND ONE NARCOTICS DETECTION CANINE, AND APPROPRIATING SAID FUNDS IN THE FISCAL YEAR 2010 POLICE DEPARTMENT SUPPLIES AND SERVICES BUDGET (4/STHS VOTE REQUIItED) The Police Department has recently received a grant from the San Diego Police Foundation to purchase one nazcotics detection canine. (Police Department) Staff recommendation: Council adopt the resolution. 8. INVESTMENT REPORT FOR THE QUARTER ENDED JUNE 30, 2009 The City's investment report for the quarter ended June 30, 2009 is presented for the Council's acceptance. To meet the reporting requirements set forth in the California Government Code Section 53600 et seq. and the City of Chula Vista Investment Policy, a sepazate report was distributed to the City Council as an informational item. (Director of Finance) Staff recommendation: Council accept the report. 9. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FOLLOWING CHANGES TO THE AUTHORIZED POSITIONS IN THE ANIMAL CARE FACILITY: RECLASSIFY 2.0 SENIOR ANIMAL CARE ASSISTANTS TO ANIMAL CARE ASSISTANTS, ELIMINATE 0.25 SENIOR OFFICE SPECIALIST, ELIMINATE 0.25 ANIMAL ADOPTION COUNSELOR, ELIMINATE 0.5 OFFICE SPECIALIST, AND ADD 1.0 ANIMAL CARE SUPERVISOR (NO NET CHANGE IN TOTAL STAFFING) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ESTABLISHMENT OF THE CLASSIFICATION OF ANIMAL CARE SUPERVISOR In order to achieve and improve efficiencies at the Animal Caze Facility, staff is recommending several staffing changes and the establishment of the classification of Animal Caze Supervisor. (Animal Care Facility Manager) Staff recommendation: Council adopt the resolutions. 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE SAN DIEGO URBAN AREA REGIONAL CAD INTEROPERABILITY PROJECT EXECUTNE COMMITTEE FOR THE DEVELOPMENT AND IMPLEMENTATION OF INTEROPERABLE COMMUNICATIONS CAPABILITIES AMONG PUBLIC SAFETY AGENCIES Page 4 -Council Agenda htt»://www.chulavis[aca.eov August 11, 2009 Approval of a Memorandum of Understanding with the San Diego Urban Area Regional CAD Interoperability Project Executive Committee is requested for the development of and implementation of interoperable communications capabilities among public safety agencies. This project will improve emergency response delivery among participating regional agencies by expanding communication and data sharing capabilities. (Fire Chief) Staff recommendation: Council adopt the resolution. 11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY OF CHULA VISTA TO REQUEST SANDAG TO EXEMPT THE REGION FROM THE STATE CONGESTION MANAGEMENT PROGRAM The San Diego Association of Governments (SANDAG) is required by state law to prepare and regulazly update a Congestion Management Program (CMP) for the transportation system within the San Diego region. The purposes of the CMP are to monitor the performance of the transportation system, develop programs to address neaz- tenn and long-term congestion, and better integrate transportation and land use planning. (Director of Public Works) Staff recommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council/Agency on any subject matter within the Council's/Agency's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council/Agency from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Council/Agency 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. 12. CONSIDERATION OF AWARDING THE CONTRACT FOR THE NORTH BROADWAY BASIN PROJECT, BETWEEN C STREET AND D STREET (STM354) On July 22, 2009, the Director of Public Works received sealed bids for this project. The work to be done includes full street reconstruction, installation of storm drain system and traffic signal modification improvements. (Director of Public Works) Page 5 -Council Agenda htto://www.chulavistaca.~ August I1, 2009 Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, WANING IRREGULARITIES, ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE "NORTH BROADWAY BASIN PROJECT, BETWEEN C STREET AND D STREET (STM354)" TO MJC CONSTRUCTION, IN THE AMOUNT OF $1,672,975, AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT 13. CONSIDERATION OF AN APPLICATION (PCM 09-14) FILED BY GATEWAY CHULA VISTA 2, LLC, REQUESTING AMENDMENTS TO THE GATEWAY CHULA VISTA SPECIFIC PLAN (PCM 00-11) Adoption of the ordinance amends the existing Gateway Chula Vista Specific Plan, which regulates land use fora 4.46-acre site, in order to allow educational and training uses, modify provisions for temporary and accessory uses, and make other miscellaneous amendments. The 4.46-acre site is located at the Northwest corner of Third Avenue and `H' Street. (Deputy City Manager/Development Services Director) Staff recommendation: Council conduct the public hearing and place the following ordinance on first reading: ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE GATEWAY CHULA VISTA SPECIFIC PLAN (PCM 00-11) FOR 4.46 ACRES AT THE NORTHWEST CORNER OF THE INTERSECTION OF "H" STREET AND THIRD AVENUE (FIRST READING) 14. CONSIDERATION OF ACCEPTANCE OF GRANT FUNDS FOR THE FISCAL YEAR 2008/2009 STATE COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND The Police Department has been awarded $131,929 in Supplemental Law Enforcement Services Fund grant funds. These funds will be used to hire one hourly Cold Case Investigator, one hourly Latent Print Examiner, crime lab equipment, computer equipment, provide additional secure evidence storage, and retrofit an office. (Police Department) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $131,929 FROM THE STATE COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND AND APPROPRIATING $131,929 IN THE FISCAL YEAR 2010 BUDGET OF THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND GRANT FUND (4/STHS VOTE REQUIRED) Page 6 -Council Agenda htto://www.chulavistaca.gov August 11, 2009 15. CONSIDERATION OF ACCEPTANCE AND APPROPRIATION OF THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS RELATED TO THE AMERICAN RECOVERY AND REINVESTMENT ACT The Police Department has recently received notice of an Edwazd Byme Memorial Justice Assistance Grant award in the amount of $442,963 from the Bureau of Justice Assistance. These funds were allocated to the Police Department based on city population and Part 1 violent crime statistics. This grant is part of the American Recovery and Reinvestment Act and is generally referred to as "JAG Stimulus Grant". (Police Deparment) Staff .recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $442,963 FROM THE BUREAU OF JUSTICE ASSISTANCE FOR THE 2009 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT AND AMENDING THE FISCAL YEAR 2009/2010 ADOPTED BUDGET BY TRANSFERRING TWO POSITIONS FROM THE LOCAL LAW ENFORCEMENT -BLOCK GRANT PROGRAM FUND AND THEIR ASSOCIATED PERSONNEL COSTS TO THE ARRA FUND AND APPROPRIATING AN ADDITIONAL $32,803 TO THE ARRA FUND FOR SERVICES AND SUPPLIES EXPENDITURES (4/STHS VOTE REQUIRED) 16. CONSIDERATION OF ACCEPTANCE AND APPROPRIATION OF THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS The Police Department has recently received notice of an Edwazd Byme Memorial Justice Assistance Grant award in the amount of $71,310 from the Bureau of Justice Assistance. These funds were allocated to the Police Deparment based on city population and Part 1 violent crime statistics. (Police Deparment) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $71,310 FROM THE BUREAU OF JUSTICE ASSISTANCE FOR THE 2009 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT AND AMENDING THE FISCAL YEAR 2009/2010 ADOPTED BUDGET BY APPROPRIATING SAID FUNDS TO THE LOCAL LAW ENFORCEMENT BLOCK GRANT FUND; ACCEPTING $95,000 FROM THE SAN DIEGO COUNTY DISTRICT ATTORNEY AND APPROPRIATING SAID FUNDS TO THE FISCAL YEAR 2009/2010 POLICE DEPARTMENT PERSONNEL SERVICES BUDGET AND ADDING ONE POLICE AGENT POSITION TO THE AUTHORIZED POSITION COUNT FOR THE POLICE DEPARTMENT (4/STHS VOTE REQUII2ED) Page 7 -Council Agenda http://www.chulavistaca.g_ov_ August 11, 2009 ACTION ITEMS The Item(s) listed in this section of the agenda will be considered individually by the Council/Agency and are expected to elicit discussion and deliberation. 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. Redevelopment Agency Item: 17. CONSIDERATION OF APPROVAL OF THE EIGHTH AMENDMENT TO THE GATEWAY CHULA VISTA DISPOSITION AND DEVELOPMENT AGREEMENT The Gateway Chula Vista Disposition and Development Agreement (DDA) was approved June 6, 2000, for the development and operation of a phase First Class, First Quality mixed-use commercial/office project with restaurant and retail components and common areas. The first and second phases have been realized, however, due to market conditions they have been unable to attract and maintain the necessary tenant base. The Eighth Amendment to the DDA provides for changes to encourage and entice lease-up of currently vacant space in Gateway phases I and II by: removing the First Class First Quality sit down restaurant and allowing educational and training uses. The Eighth Amendment will also incorporate a formula for calculating any financial gap that may exist for the construction of Phase III. (Deputy City Manager/Development Services Director) Staff recommendation: Agency adopt the following resolution: RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING THE EIGHTH AMENDMENT TO THE GATEWAY CHULA VISTA DISPOSITION AND DEVELOPMENT AGREEMENT 18. PRESENTATION BY THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) REGARDING PREPARATION OF THE 2050 REGIONAL GROWTH FORECAST, AND REQUEST FOR CITY ASSISTANCE The City Council will receive a presentation from SANDAG staff regarding the 2050 Regional Growth Forecast. SANDAG will request City assistance in helping to develop local land use scenarios to be used in generating forecast projections to the year 2050. (Deputy City Manager/Development Services Director) Staff recommendation: Council support SANDAG's request, and direct staff to review possible capacity-adding forecast options, and return to Council with recommendations for consideration. OTHER BUSINESS 19. CITY MANAGER'S REPORTS Page 8 -Council Agenda httn'//www chulavistaca eov August 11, 2009 20. MAYOR'S REPORTS A. Ratification of appointment of Al Sotoa to the Board of Ethics B. Discussion of the interview schedule for Port Commissioner and Interim City Councilmember 21. COUNCILMEMBERS' COMMENTS A. COUNCIL ENERGY SUBCOMMITTEE Consideration of submitting letters from the City Council to the California Independent Systems Operator (CAISO), and Califomia Regional Water Quality Control Boazd to convey the City's position regazding the removal of the South Bay power plant. (Councilmembers Bensoussan and Castaneda) 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). 22. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: Police Chief 23. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9: Resolution of Code Enforcement Action Against Fogerty Mobilehome Pazk 24. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Zita Evelyn Ortiz v. City of Chula Vista, San Diego Superior Court, Case No. 37-2008- 00072393-CU-PA-SC. ADJOURNMENT to the Regular City Council meeting of September 1, 2009 at 4:00 P.M. in the City Council Chambers. (The meetings of August 18 and August 25, 2009 have been cancelled.) Materials provided to the City Council/Redevelopment Agency related to any open-session item on this agenda are available for public review at the City Clerk's Offce, 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) 691-5041 at least forty-eight hours in advance of the meeting. Page 9 -Council Agenda 1 tom://www.chulavistaca.eov August 11, 2009 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA April 21, 2009 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: Council members Bensoussan, Castaneda, McCann, Ramirez, and Mayor Cox ABSENT: None ALSO PRESENT: City Manager Sandoval, Deputy City Attorney Shirey, City Clerk Norris, and Deputy City Clerk Bennett Mayor Cox announced the recent passing offorrner Councilmember Leonard Moore. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY OATHS OF OFFICE James Doud, Growth Management Oversight Commission Armida Torres, Growth Management Oversight Commission City Clerk Norris administered the oath of office to James Doud and Armida Torres, and Deputy Mayor McCann presented them with certificates of appointment. PRESENTATION OF A PROCLAMATION TO PHIL AND DAVID HOFFMAN BY MAYOR COX COMMENDING HOFFMlu'\i BANONO INSURANCE SERVICES' 50TH ANNIVERSARY IN THE CITY OF CHULA VISTA Mayor Cox read the proclamation and Deputy Mayor McCann presented it to David Hoffman, Phil Hoffman, and Ezra Hanono. PRESENTATION OF A PROCLAMATION TO LISA JOHNSON, ASSOCIATE EXECUTIVE DIRECTOR OF THE YMCA, BY MA YOR COX, HONORING SOUTH BA Y F AMIL Y YMCA 2009 YOUTH AND GOVERNMENT DELEGATES Mayor Cox read the proclamation and Councilmember Ramirez presented it to Lisa Johnson and the YMCA Youth and Government delegates present at the meeting. Page 1 - Council Minutes April 21, 2009 1-1 DRAFT PRESENTATION BY YOUTH ACTION COlTNCIL MEMBERS KATE GOOGINS AND YAZMIN DE SARACHO WITH AN UPDATE ON "THEATRE SLAM" HELD IN FEBRUARY 2009, AND PROMOTING THE MAY 30, 2009 "PROJECT B" EVENT Yazmin DeSaracho introduced the Youth Action Council Members present at the meeting, and then reported on the success of the recent Theatre Slam event. She invited everyone to attend the next event, Project B 2009, celebrating unity through the arts, on May 30, 2009. PRESENTATION BY THE CITY'S MULTI-DEPARTMENT CLEAN TEAl\1 ON CHULA VISTA EARTH MONTH ACTIVITIES AND EVENTS Environmental Resource Manager Reed and Environmental Health Specialist Fontanoz presented information on Chula Vista 2009 Earth Month, with an update on Earth Month activities and events. PRESENTATION OF A PROCLAMATION TO ARYA CLEANERS, EL PR.l1\1ERO HOTEL, THIRD AVENUE VILLAGE ASSOCIATION, SPIRIT GRAPHICS, AND THE CHULA VISTA CHA.MBER OF COMMERCE BY MAYOR COX, RECOGNIZING THEIR VERIFICATION AS THE FIRST CHULA VISTA CLEM>! BUSINESSES Environmental Services Project Manager France gave an overview of the Chula Vista Clean Business Program, and recognized the business representatives for voluntarily implementing environmental best practices to reduce their carbon footprint. Mayor Cox then read, and Councilmember Bensoussan presented, the proclamations to representatives of Arya Cleaners, El Primero Hotel, Third Avenue Village Association, and Chula Vista Chamber of Commerce, recognizing their participation in the Clean Business Program. PRESENTATION OF A PROCLAMATION TO MARILYNN S. ZELJEZNJAK AND JODY PHILLIPS, DMV LIAISONS, BY M..A.. YOR COX, PROCLAIMING APRIL 2009, AS DMVIDONATE LIFE CALIFORNIA MONTH IN THE CITY OF CHULA VISTA Mayor Cox read the proclamation and Councilmember Castaneda presented it to the DMV/Donate Life California representatives Marilyn Zeljeznjak, Jody Phillips, and DMV Administrative Manager Jim Seeley. RECOGNITION OF OFFICER LEO BAl"JALES, RECIPIENT OF THE MADD/JOSHUA COX MEMORIAL A WARD; OFFICER ALICIA CHUDY, RECIPIENT OF THE 2008 OFFICER CHRISTOPHER D. L YTION MEMORIAL AWARD FOR SAN DIEGO COUNTY; AND AGENT TIM KARL, RECIPIENT OF THE DUI OFFICER OF THE YEAR AWARD BY POLICE CAPTAIN DON HUNTER Captain Hunter introduced Officers Banales, Chudy and Agent Kahl and recognized each of them for their awards. Page 2 - Council Minutes April 21, 2009 1-2 DRAFT SPECIAL ORDERS OF THE DAY (Continued) RECOGNITION OF THE CHULA VISTA POLICE DEPARTMENT, RECIPIENT OF THE LAW ENFORCEMENT AGENCY OF THE YEAR A WARD FOR THE DEPARTMENT'S COMMITMENT TO MADD'S (MOTHERS AGAINST DRUNK DRNERS') I'vIISSION, BY POLICE CAPTAIN DON HUNTER Captain Hunter spoke about his attendance a the recent MADD awards in Sacramento, where he accepted the Law Enforcement Agency of the Y ear Award on behalf of the Chula Vista Police Department. Item II was taken out of order and addressed under Special Orders of The Day. II. COUNCILMEMBERS' COMt\1ENTS Deputy Mayor McCann - Recognition ofChula Vista High Tech High's robotics team for winning first place in VEX robotics regional competition at Hilltop High on March 22, 2009, thereby gaining entry to VEX robotics world championships in Dallas, Texas _ April 30 - May 2,2009. Deputy Mayor McCann introduced the High Tech High Robotics Team and recognized them for their first-place win. He then presented Coach Wagner and each of the students with a certificate of recognition. CONSENT CALENDAR (Items 1-7) Councilmember Ramirez stated that he would be abstaining from voting on Item 2. I. APPROVAL OF MINUTES of December 16,2008 and January 5, 2009. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS Memorandum from Councilmember Ramirez requesting an excused absence from the April 7, 2009 Council meeting. Staff recommendation: Council excuse the absence. 3. ORDINANCE NO. 3126, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 17, SECTION 17.10.100 OF THE MUNICIPAL CODE TO FACILITATE THE DEFERRAL OF IN-LIEU PARK FEES (SECOND READING AND ADOPTION) Page 3 - Council.Minutes April 21, 2009 1-3 DRAFT CONSENT CALENDAR (Continued) Adoption of the ordinance allows developers to defer Park Acquisition and Development fees to a time later than the approval and recordation of the parcel or fmal map, or for development that does not require a parcel or final map, later than permit issuance. The purpose of the fee deferral program is to encourage economic development within the City. Both fee deferral programs will expire on December 31, 2010 and in no way relieve developers for fee obligations. This ordinance was introduced on April 7, 2009. (Deputy City ManagerlDevelopment Services Director) Staff recommendation: Council adopt the ordinance 4. A RESOLUTION NO. 2009-078, RESOLUTION OF THE CITY COliNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM "E" STREET TO "H" STREET FOR THE CINCO DE MAYO CELEBRATION ON MAY 3, 2009 FROM 4 AM. - 10:00 P.M. At'ID WAIVING THE BUSINESS LICENSE TAXES FOR THIRD AVENUE VILLAGE ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT B. RESOLUTION NO. 2009-079, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM "E" STREET TO "H" STREETS FOR THE CHULA VISTA LEMON FESTIVAL ON AUGUST 9, 2009 FROM 4 AM. - 10:00 P.M. AND WAIVING THE BUSINESS LICENSE TAXES FOR THIRD AVENUE VILLAGE ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT C. RESOLUTION NO. 2009-080, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN CITY OF CHULA VISTA AND THIRD A VENUE VILLAGE ASSOCIATION FOR SPECIAL EVENTS FOR 2009 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT Adoption of the resolutions approves Third Avenue Village Association's (TA V A) request for closure of Third A venue and portions of other streets for the 2009 promotional events, Cinco de Mayo Celebration on May 3 and Lemon Festival on August 9,2009. (Communications Director) Staff recommendation: Council adopt the resolutions. 5. RESOLUTION NO, 2009-081, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORt\1AL CONSULTANT SELECTION PROCESS, APPROVING THE SECOND AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, MARION B. BORG ENVIRONMENTAL CONSULTING AND MCMILLIN OT A Y RANCH, LLC, FOR MANAGING AND PROCESSING OF THE HiVIRONMENTAL IMPACT REPORT (EIR) FOR THE EASTERt'l URBAN CENTER (EUC) SECTIONAL PLANNING AREA (SPA) PLAN Page 4 - Council Minutes April 21, 2009 1-4 DRAFT CONSENT CALENDAR (Continued) Adoption of the resolution approves the second amendment to a three-party agreement with Marion B. Borg, Environmental Consulting, and McMillin Oray Ranch, LLC, Applicant, for consulting services on the Eastern Urban Center Project. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. 6. A. RESOLUTION NO. 2009-082, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING AND APPROVING SUBMITTAL OF A GRANT APPLICATION TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS TO SUPPORT A MULTI-YEAR LAND MANAGEMENT PROGRAM TO RESTORE AND ENHANCE DEGRADED COASTAL CACTUS WREN HABITAT WITHIN THE CHULA VISTA MULTIPLE SPECIES CONSERVATION PROGRAM SUBAREA PLAN CENTRAL CITY PRESERVE MANAGEMENT AREA B. RESOLUTION NO. 2009-083, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING GRAl'H AGREEMENT 5001130 BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND THE CITY OF CHULA VISTA REGARDING CACTUS WREN HABITAT RESTORATION (AGREEMENT) AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND ALL RELATED DOCUMENTS IN CONJUNCTION WITH IMPLEMENTING THE AGREEMENT C. RESOLUTION NO. 2009-084, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS, AND APPROVING A TWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RECON ENVIRONMENTAL INC., (CONSULTA1"\!T), TO PERFORM BIOLOGICAL CONSULTING SERVICES FOR THE CENTRAL CITY COASTAL CACTUS WREN HABITAT RESTORATION AND ENHANCEMENT PROGRAM (AGREEMENT) AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT A1"\!D ALL RELATED DOCUMENTS IN CONJUNCTION WITH IMPLEMENTING THE AGREEMENT On September 26, 2008, the San Diego Association of Governments (SANDAG) approved the City's grant application requesting S373,048 of Transnet funding to support a multi-year land management program to restore and enhance degraded coastal cactus wren habitat within the City's Central City Preserve Management Area (Central City PMA.), particularly within Rice Canyon. The land management activities offered though this program are essential for the prolongation of the coastal cactus wren within the Central City PMA. Council action would ratify and approve the application for grant funding, approve the agreement between SA1"\!DAG and the City of Chula Vista to receive the grant funding, and approve a two party agreement between the City and Recon Environmental Inc. to conduct the work included in the grant proposal. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolutions. Page 5 - Council Minutes April 21, 2009 1-5 DRAFT CONSENT CALENDAR (Continued) 7. RESOLUTION NO. 2009-085, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 017-N TO THE ADMINISTERING AGENCY-STATE AGREEMENT FOR fEDERAl-AID PROJECTS WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRAi"iSPORTATION REGARDING PRELIMINARY ENGINEERING AND ENVIRONMENTAL ANALYSIS ACTIVITIES TO BE UNDERTAKEN BY THE CITY OF CHULA VISTA FOR PROJECT HPLU-5203 (028), THE fUTURE WIDENING OF THE HERITAGE ROAD BRIDGE OVER THE OTAY RIVER, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID AGREEMENT In 2005, Federal funds were authorized from the "Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users" (SAFETEA-LU) Program for the City to perform Preliminary Engineering and Environmental Analysis (Study) for the future widening of the Heritage Road Bridge. The City of Chula Vista received authorization (form E-76) to be reimbursed for work preformed on the Study as of February 13,2009. In order to receive reimbursements, the City must now execute the Program Supplement Agreement. The Study is needed to determine the ultimate configuration of this portion of Heritage Road-and the Bridge. (Public Works Director) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve staffs recommendation and offered Consent Calendar Items 1-7, headings read, texts waived. Deputy Mayor McCann seconded the motion, and it carried 5-0, except Item 2, which carried 4-0-1, with Councilmember Ramirez abstaining. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS David Krogh, Chula Vista resident, presented a news video clip, illustrating the Auto Pulse Resuscitation System, a new type of cardiopulmonary resuscitation equipment that was recently used to resuscitate Mr. Krogh, who suffered sudden cardiac arrest. Mr. Krogh thanked the Chula Vista Firefighters who saved his life, and he thanked the City Council and staff for authorizing and purchasing the life-saving equipment for the City. Karl Higgins, representing Underground Technologies, gave a presentation about plastic manhole covers, and stated there were many advantages to converting to the plastic covers. Larry Breitfelder, Chula Vista resident, representing Chula Vista Taxpayers Association, stated that the association was opposed to Proposition A on the May 5, 2009 ballot. Page 6 - Council Minutes April 21, 2009 1-6 DRAFT PUBLIC COMMENTS (Continued) Steve Eastis, Chula Vista resident, representing the Third Avenue Village Association, announced the upcoming Salsa in the Park event on April 24, 2009 at Memorial Bowl, and Cinco de Mayo on May 3, 2009, from 11 :00 a.m. to 7:00 p.m. on Third Avenue. Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association; invited community volunteers to assist with home improvements for two elderly homeowners in the Southwest region of the City. Further information about the program was available by calling (619) 427-1987. Toni Royal, San Diego resident, and Event Chair for the Chula Vista American Cancer Society's Relay for Life, introduced Co-Chair, Lily Esparza and team captains Michael Contreras, representing Hilltop High School and Luis Hernandez, representing WalMart. Ms. Royal announced that the 24-hour event was scheduled for May 16th and 17th at Chula Vista High School. She asked everyone to wear the color purple on May 1, 2009, to recognize the American Cancer Society, and invited the Mayor and Councilmembers to participate in the Relay for Life event. Mayor Cox recognized Boy Scout Troop 893, present at the meeting to earn their Community and Citizenship Merit badges. Scout Master, Nathan Price, and boy scouts each introduced themselves. Mayor Cox recessed the meeting at 7:30 p.m. The meeting reconvened at 7:47 p.m. with all members present. ACTION ITEMS 8. PRESENTATION BY STAFF ON ENERGY GENERATION FACILITIES A1"JD LOCAL ENERGY RELIABILITY (Conservation & Environmental Services Director) Assistant City Manager Tulloch provided a presentation on the Bayfront energy infrastructure, and stated that it was the City's goal to remove the infrastructure to the degree possible, including the decommissioning and demolition of the power plant, undergrounding utility lines and removing towers, and decommissioning the existing substation with a request that SDG&E build a much smaller substation as far south as possible to limit its impact. He then provided an overview of the land occupied by the power plant and of the leases in place. Conservation and Environmental Services Director Meacham presented an overvlew of upcoming events and actions to be taken regarding energy generation. Laura Hunter, representing Environmental Health Coalition, spoke in support of the Energy Subcommittee's recommendations stated on its memorandum dated April 20, 2009. She also stated there was a need for the City to weigh in and manage the conditions under which the NPDES permit would be renewed, to get an accounting from the Port on the lease extensions, and to ask the Port about its legal requirements to make property available for energy generation. Page 7 - Council Minutes April 2], 2009 1-7 DRAFT ACTION ITEMS (Continued) Theresa Acerro, ChuIa Vista resident, representing the Southwest Chula Vista Civic Association, spoke in support of the Energy Subcommittee's recommendations as presented in a memorandum to the Council. She also talked about SDG&E's "smart meters" for energy reduction and savings. Earl Jentz, Chula Vista resident, spoke m support of the Energy Subcommittee's recommendations. Council member Bensoussan requested Council consideration for an additional recommendation, not listed on the Energy Subcommittee's memorandum to the Council, to direct staff to request that the Port begin the ErR process for the demolition of the South Bay Power Plant. She also stated that it was important to relay the City's position to the Port. Councilmember Castaneda stated that the City needed to work with neighboring cities on ways to assist in the reduction of the energy load. He then delineated the key points and directives of the Energy Subcommittee memorandum. Discussion ensued about the process to decommission the power plant, and incentives to move forward with measures on demand management. Councilmember Ramirez suggested more involvement by the City's Port District representative, and stated that he should be relaying City's position on the South Bay Power Plant to the Port, and providing feedback to the City about the Port's position on these matters. Deputy Mayor McCann spoke with respect to a recommendation on the memorandum, stating that there needs to be certainty that the power plant could be demolished before looking at an additional power plant, and stated that he was not ready to place a power plant on university land or adjacent to it. He spoke in support of convening a Blue Ribbon committee and requested more information on the selection process. He was supportive of moving forward with the EIR. He spoke of the need for more discussion about implementing solar generation throughout the City. Mayor Cox requested that Council consider adding another recommendation to the list provided by the Energy Subcommittee for the Port to include the City of Chula Vista City in discussions the Port had with SDG&E as they related to the City. She also requested that once the Blue Ribbon committee was established, and after a couple of meetings between the Blue Ribbon committee and the Energy Subcommittee, that the Subcommittee provide updated reports to the Council. Recommendation 1 ACTION: Councilmember Castaneda moved to direct staff to assemble specific information on publicly- and privately-owned sites within the City of Chula Vista that are at least four acres in size, at least 1,000 feet from sensitive receptors, and zoned for general industrial uses, with the codicil that there would be no anticipation by the Council, that the information would be disseminated until the appropriate time, for the purpose of negotiations. Councilmember Bensoussan seconded the motion, and it carried 4-1, with Deputy Mayor McCann voting no. Page 8 - Council Minutes April 21, 2009 1-8 DRAFT ACTION ITEMS (Continued) Reconunendation 2 ACTION: Councilmember Castaneda moved to task the Energy Subconunittee to convene a Blue Ribbon Committee of Chula Vista and other Federal, State and Local elected leaders and stakeholders to work collectively with CAlSO and other state energy agencies to secure specific commitments for projects and timelines resulting in the removal of RMR from South Bay Power Plan. Councilmember Bensoussan seconded the motion, and it carried 5-0. Reconunendation 3 ACTION: Councilmember Castaneda moved to direct staff to assemble necessary information on the upcoming renewal of the NPDES permit for the South Bay Power Plant and to communicate with the Regional Water Quality Control Board that the City intends to be involved in the consideration of this renewal and opposes a full five-year renewal of the permit; with a report back to the Council on information relative to the renewal period, as well as other options for Council consideration. Councilmember Bensoussan seconded the motion, and it carried 5-0. Reconunendation 4 ACTION: Councilmember Castaneda moved to direct staff to request a status report from the Port District on any current or proposed lease extension negotiations related to the South Bay plant or the substation and present results to the Energy Subconunittee and full Council for direction. Councilmember Bensoussan seconded the motion, and it carried 5-0. Reconunendation 5 ACTION: Councilmember Castaneda moved to direct staff to request that the Port begin the EIR process for the South Bay Power Plant demolition. Councilmember Bensoussan seconded the motion, and it carried 5-0. Reconunendation 6 ACTION: Councilmember Castaneda moved to direct staff to request that the Port include the City of Chula Vista in the Port's discussions with SDG&E on matters that relate to City of Chula Vista. Councilmember Bensoussan seconded the motion, and it carried 5-0. Reconunendation 7 ACTION: Mayor Cox moved to direct staff to prepare a report to the Council, in order for the Council to take a position on Senate Bill 42. Councilmember Ramirez seconded the motion, and it carried 5-0. ACTION: Councilmember Bensoussan moved to accept the staff report for Item 8. Councilmember Castaneda seconded the motion, and it carried 5-0. Page 9 - Council NIinutes April 21, 2009 1-9 DRAFT OTHER BUSINESS 9. CITY MANAGER'S REPORTS City Manager Sandoval reported on three recent corrugated pipe storm drain failures in the City that would require emergency repair to protect life and property,. at a cost of approximately $957,000. To that end, he stated that staff would be coming back to the Council on May 12, 2009 to address funding for the repairs. He then updated the Council on the status of the Auto Park sign, stating that staff had issued a Request For Proposal that had resulted in the selection of four firms that were scheduled to be interviewed by staff in the next two weeks, and that staff would be coming back to the Council in May with a report and recommendation for the selection of a design-build firm. He added that the project construction was anticipated for the fall. Councilmember Castaneda requested that staff inform the local dealers of the project progress to- date. 10. MAYOR'S REPORTS Mayor Cox spoke about the success of the recent Go Green event, and she thanked Allied Waste and City staff for their work on the event. She stated that the <::;ounty Board of Supervisors had declared April 22, 2009 as "Tim Mehrer Day," recognizing Chula Vista Fire Engineer, Timothy Mehrer for his recent award by the American Legion for Firefighter of the Year. Mayor Cox then asked for Council consensus to change the April 28, 2009 Council Meeting from 6:00 p.m. to 4:00 p.m., due to a sizeable agenda. Councilmember Bensoussan recommended that as many meetings as possible be moved to 4:00 p.m. in order to save costs associated with staff time. There was consensus from a majority of the Council to change the time for the April 28, 2009 meeting to 4:00 p.m. Deputy Mayor McCann requested a formal vote. ACTION: Mayor Cox moved to change the April 28, 2009 Council Meeting from 6:00 p.m. to 4:00 p.m. The motion carried 4-1, with Deputy Mayor McCann voting no. 11. COUNCILMEMBERS' COMMENTS Deputy Mayor McCann - Recognition of Chula Vista High Tech High's robotics team for winning first place in VEX robotics regional competition at Hilltop High on March 22, 2009, thereby gaining entry to VEX robotics world championships in Dallas, Texas April 30 - May 2, 2009. This item was taken out of order and addressed under Special Orders of the Day. Deputy Mayor McCann thanked the YMCA for its participation with the recent Kids Day event at Otay Ranch Town Center. He spoke about his attendance at the E-Waste and Green and Clean events, stating that both events were successful. He also attended the recent Citizen's Adversity Support Team (CAST) graduation event. He congratulated the graduates and thanked the CAST members for their dedication. He announced the upcoming Day of the Child event on May 25, 2009, at 11 :00 a.m. at Memorial Park. He recognized former Councilmember Leonard Moore, who was his mentor and who was a tremendous asset to the City. Page 10 - Council Minutes April 21, 2009 1-10 DR.A.FT OTHER BUSINESS (Continued) Councilmember Castaneda conveyed his condolences to the family of former Councilmember Leonard Moore. He also announced the recent passing of Poway Mayor Mickey Cafagna, and extended his condolences to the family. He congratulated Office Specialist for the Mayor and Council, Lilia Cesena, on her graduation from CAST. He stated that future Public Safety Subcommittee meetings would be conducted at various locations in the community, with the next meeting scheduled for April 22, 2009 at 6:00 p.m., at Fire Station 7, 1640 Santa Venetia, in Otay Ranch. Councilmember Bensoussan thanked Mr. Jeff Phair for saving this year's Norman Park Senior Center Seniors Dance. She encouraged community support to help save the Heritage Museum. She announced the Focus 20/50 Climate Change meeting on April 22, 2009 at the Public Library. She stated that last week's fITSt Western Revitalization Meeting on community gardens was well attended, and announced that the next meeting was scheduled for May 11,2009, at 5:00 p.m. at Ciao Restaurant on Main Street, with a presentation by the South County Economic Development Committee on small businesses. She attended the recent ribbon cutting event for the Bayshore Bikeway and thanked all participating agencies. She thanked Planning and Building Director Halbert and staff for the recent report on Cost and Benefit of Proposed Green Building Standards, and requested to meet with staff for further explanation about the program. She commented that she and Councilmember Ramirez would be bringing forward for Council consideration, discussion for a lobbyist registration ordinance. CLOSED SESSION Mayor Cox announced that there would be no items heard in Closed Session. The following items were not discussed and no action was taken: 12. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a): City of Chula Vista v Maria E. Gutierrez. Superior Court, Case No. 37-2008-00074648- CU-PT-SC ADJOURNMENT At 9:54 p.m., Mayor Cox adjourned the meeting in memory of Po way Mayor, Mickey Cafagna, former National City Mayor, Kile Morgan, and Councilmember Emeritus, Leonard Moore, to the Regular Meeting of April 28, 2009 at 4:00 p.m. in the Council Chambers. ~~~- Lorraine Bennett, CMC, Deputy City Clerk Page 11 - Council Minutes April 21. 2009 1-11 ~ \ ft... ~ ~- ~ Councilmember Steve Castaneda City Of Chula Vista 276 Fourth Avenue Chula Vista, Ca 91910 619,691.5044 - 619.476.5379 Fax N" ~"E. M.' .",. 0"'. ; 'li . <. C' o ~ . OW OF CHULA VISTA ~"-~~'-'l~~'~'='~'~$'~j~~~-'~"""~~";f.ibJ '''''''';p',"~E''_E.='\'W<=''''''''''''''''''''''~ ,~P~'1i,~t ',;":' r ,;~r;~ ;...'n: l,:r~_.~(:~:w.fl'~.\;~: , i:::'~~:-.-. _. :"IT;'!" ~r~;'i.:fl;'h.~~;~i*'!t'tft.tli'~ti,:;:~l4,~i:';;,~~~J.;;.I'!>'"P""'!:!i~-!" , TO: Mayor and City Councilmembers Monday, August 03, 2009 ~, (\ ( , - \' I o \: i .~ City Manager, City Clerk, City Auori,tef ',/V 1\.\ . Councilmember Steve Castaneda \_..) , ~. '~ ; cc: FROM: RE: Absence from Office ~~~i~~~:;E,;~;~'~~{~~~:r~~J;;~~.;~I~~'W . ~j::rt~~:d:l!f'rij;';t,~~:~~~;:~~~ Due to personal business, I will be unable to attend the scheduled Council Workshop of August 6, 2009 Please excuse my absence. Thank you. 2 ITEM TITLE: SUBMITTED BY: REVIEWED BY: CITY COUNCIL AGENDA STATEMENT ~\'f:. CITY Of ~.CHUI.A VISTA AUGUST II, 2009 Item~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CLOSURE OF THIRD A VENUE FROM "0" STREET TO "I" STREET AND "H" STREET BETWEEN SECOND AND FOURTH A VENUES AND PORTIONS OF INTERSECTING STREETS FOR THE ANNUAL STARLIGHT PARADE ON DECEMBER 5, 2009 FROM I P.M TO 10 P.M. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN CITY OF CHULA VISTA AND THIRD A VENUE VILLAGE ASSOCATION FOR THE 47TH ANNUAL STARLIGHT PARADE ON DECEMBER 5, 2009 COMMUNlCA1IO'f30RDINATO~ CITY MANAGER . . 4/STHS VOTE: YES D NO 0 SUMMARY The annual Starlight Parade is a long standing holiday tradition in the community and will be held for the 47th year in Chula Vista. For the parade, the 1bird Avenue Village Association (TA V A) requests the closure of Third Avenue between "0" and "I" streets, between Second and F ourth Avenues and portions of intersecting streets from I p.m. to 10 p.m. on Saturday, December 5. ENVIRONMENTAL REVIEW The City's Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 4 categorical exemption pursuant to Section 15304(e) of the State ofCEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION Council adopt the resolutions. 3-1 AUGUST 11, 20091tem~ Page 2 on BOARDS/COMMISSION RECOMMENDA nON Not applicable DISCUSSION The T A V A is requesting the following for 2009 Starlight Parade: 1. The closure of Third Avenue between "D" and "I" Streets and "H" Street between Second and Fourth Avenues on Saturday, December 5, 2009 from 1 to 10 p.m. The parade route will be along Third Avenue between "E" and "H" streets. Other areas of the closure will be used for pre-parade staging of participants, bus parking and parade debarkation. Second and Fourth Avenues will remain open to traffic at all times during the event. The closure of Third A venue will affect the flow of traffic in the downtown area. The T A V A will be required to coordinate with the City's Police Department and prepare a traffic control plan to their specifications. The City's transit system will also be affected. The Transit Coordinator's staff has agreed to the closure as long as "E" street remain passable for traffic and "H" street traffic is monitored and regulated by law enforcement. Transit will post advertised detour routes for riders prior to the event. The T A V A is aware of these stipulations and will abide by them. The T A V A will be required to send notices to all businesses and residences located along the parade route. The T A V A is also required to provide insurance, a Hold Harmless Agreement, sanitary systems and post "No Parking" signs for the event. Additional duties of the T A V A are listed in the agreement between the City and the Third A venue Village Association. .-.. 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 subject of this condition. FISCAL IMPACT The marginal costs associated with this event (i.e. additional street equipment, generator rentals, etc.) by department are as follows: Police Public Works/Streets Public Works/Parks Public Works/Ops $19,131.00 $5,300.00 $993.69 $3,032.82 TOTAL: $28,457.51 This amount does not include overhead. However, these costs are included in the departments 2009-2010 budgets therefore no further appropriations are necessary. 3-2 AUGUST 11,2009 Item.L Page 3 0 f 3 A TT ACHMENTS A. Duties of the Third Avenue Village Association for the Chula Vista Starlight Parade B. Group/Organization Waiver and Release of Liability Prepared by: Stephanie Kingston. Communications Coordinator, Office o/the City Manager 3-3 ATTACHMENT A STARLIGHT PARADE DUTIES OF THE THIRD AVENUE VILLAGE ASSOCIATION (TAVA) FOR STARLIGHT PARADE ON DECEMBER 5,2009 1. The TAVA shall provide for adequate traffic and crowd control, as determined by the City's Police Department. 2. The TAVA shall provide adequate litter control during and after the event, as determined by the City's Conservation Department. 3. The TAVA shall notify all property owners and tenants (including businesses and residents) that will be affected by the street closures. The notification shall be sent by first class mail at least seven days prior to the event date. 4. The TAVA will be responsible for measures to insure that the noise generated by the event's activities does not reach an excessive level. The TAVA will undertake the following measures in order to implement this condition: a. TAVA shall continually monitor noise levels of performing bands and other sound- emitting devices and will make adjustments as needed. 7. The TAVA shall provide, 10 days prior to the parade, evidence of general liability insurance in the amount of $5 million, in the form of a certificate of insurance and an additional endorsement page naming the City of Chula Vista, its officials, officers, agents, employees and volunteers as additional insured. The endorsement page must include name of the insured, policy number and policy period. 8. The TAVA shall execute an agreement to hold the City harmless from any liability stemming from parade activities in the street. 9. The TAVA shall provide portable toilets along the parade route, as recommend by City staff. 10. The TAVA shall provide and post "No Parking" signs in a form acceptable to the City Police Department, along the parade route. The TAVA shall ensure that posting takes place a minimum of forty-eight (48) hours in advance of the event date. 3-4 JUL-17-2009 09:24R FROM:TRUR 6194221452 TD:4095448 P.l F'ego:} of::l ~!~ ~ CH.sr.x.~5TA GROUP/ORGANIZA TION WAIVER AND RELEASE OF LIABILITY ORGANIZATION/GROUP NAME: 0MU) .4t/r.IJtl,c {//U .4&'",:' .4SSoc, EVENT NAME: 5"?;?t~ l../ 6~ ;;};/V.1i)c EVENT DATE: /2- 5'-CJ:J ON BEHALF OF THE ABOVE ORGANIZATION/GROUP, I expressly WAIVE, RELEASE and DISCHARGE the City of Chula Vista, its officers, agents, and employees or any other person from any and all LIABILITY for any death, disability, personal injury, property damage, property theft or actions, including any alleged or actual negligent act or omissions, regardless of whether such act or omission is active or passive which may accrue to mysalf or members of my organization/group or our heirs in connection with our participation in the above-<Jescribed event. I fully understand and acknowledge that the CITY OF CHULA VISTA is relying on my reprasentation that I have authorization to sign this document and that I will provide all mambers of my group a completed copy of this Waiver prior to our participation. I expressly INDEMNIFY AND HOLD HARMLESS the City of Chula Vista, its elected and appointed officials, officers, agents and employees from any and all liabilities or claims made by me or my organization/group, my/our heirs and any other Individuals or enti1ies as a result of, or in anyway related to, or arising from, the avent identified herein, any of my/our actions in conn action with my/our participation in this event except for those cleims arising from the sola negligence or sole willful conduct of the City, its officials, officers, amployees, volunteers or other representatives. Such indemnification includes liability settlements, damage awards, costs and attomey fees associated with any such claims. I hereby certify that I have read this document, understand its content, end am authorized to sign this document on oehelr of all members of the group I represent. DATE: t:. -2(:.-07 SIGNATURE~ " ~ c ~ NAME: .5":/i!"VV" ~5 (Please PrInt) TITLE: e=x.~u7lI/r ,D/~&c:' :72JR ADDRESS: J5:~ /Ph/U) #Vr C/lu c..4 05" 17l:t C4 51/' ~ZJ Return completed Special Event Application form, plus any additional attachments & information to: City of Chula Vista - Office of Communications. 276 Fourth Avenue, Chula Vista CA 91910 . Tel: 619-691-5296 Fax: 619-409-5448 Fnnn.~ mw.t hFl .";1 Jhm;ffRrl Rt IRA"r .d.'i rlFlV::; nrinr to RIII'fnf ,<;fRrt rlRM fnr.nmnfRtR (i1nnR wifl nflt hR nmr.RR$;Rrl 3-5 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD A VENUE FROM "D" STREET TO "I" STREET Al\"D "H" STREET BETWEEN SECOND AND FOURTH AVENUE AL'ID PORTIONS OF INTERSECTING STREETS FOR THE ANNUAL STARLIGHT PARADE ON DECEMBER 5, 2009 FROM I - 10:00 PM. WHEREAS, the City Council of the City of Chula Vista established a Business Improvement Area on November 16, 1971, which created Third Avenue Village Association ("TA V A"); and WHEREAS, the TA V A has requested the temporary closure of Third Avenue between "D" and "1" Streets, "B" Street between Second and Fourth Avenues, and all other east-west streets that intersect Third Avenue between "D" and "I" Streets to the nearest point of detour to Third A venue to conduct the Starlight Parade on Saturday, December 5, 2009 from I - 10 p.m.; WHEREAS, the Council finds that the parade will provide positive publicity for the City throughout the region which will gener~te commercial revenue; and WHEREAS, the Starlight Parade has been a Downtown and City tradition for 47 years and the City Council finds that the parade is a benefit to the Community; and WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 4 categorical exemption pursuant to Section 15304( e) of the State CEQA Guidelines. Thus, no further environmental review is necessary. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the closure of Third Avenue between "D" and ''!'' Streets, "H" Street between Second and Fourth A venues, and all other east-west streets that intersect Third A venue between "D" and "1" Streets to the nearest point of detour to Third A venue to conduct the annual Starlight Parade on Saturday, December 5, 2009 from I - 10 p.m. Presented by Jim Sandoval City Manager 3-6 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THIRD AVENUE VILLAGE ASSOCIATION FOR THE 47TH ANNUAL STARLIGHT PARADE ON DECEMBER 5, 2009 WHEREAS, the City Council of the City ofChula Vista established a Business Improvement Area on November 16, 1971, which created the Third Avenue Village Association ("TA V A"); and WHEREAS, T A V A intends to plan the 47th Annual Starlight Parade in the downtown area this year; and 2009. WHEREAS, the Agreement outlines the duties ofTA V A for the Starlight Parade planned for NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby approve the Agreement between the City of Chula Vista and Third A venue Village Association for the 47th annual Starlight Parade on December 5, 2009 ,a copy of which shall be kept on file in the office of the City Clerk. Presented by Jim Sandoval City Manager 3-7 THE ATTACHED AGREEJ\IIENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CIl1Y COUNaIL.-, o fY .- / .! i / i r // " I! i I .' / I' , , /--- art C. Miesfeld { City Attorney CPj AGREEJ\IIENT BETWJ EN CITY OF CHULA VISTA AND THIRD A VEl VILLAGE ASSOCIATION FOR 47TH ANNUAL STARLIGHT PARADE 3-8 AGREEMENT BETWEEN THE CITY OF CHULA VISTA, A CALIFOR.J'JIA MUNICIPAL !vfUNICIPAL CORPORATION AND THE THIRD A VENUE VILLAGE ASSOCIATION FOR 47th ANNUAL STARLIGHT PARADE Recitals A. The Third A venue Village Association (T A V A) will conduct its 47th Annual Starlight Parade on Saturday, December 5,2008. B. The T A V A wishes to close Third Avenue between "D" and "I" streets, between Second and Fourth Avenues and portions of intersecting streets from 1 to 10 p.m. for this Special Event. C. Herein, individually, the City and TA V A may be referred to as "Party" and collectively as "Parties". Agreement 1. TA VA's Duties TA V A shall perform each of the duties described in Attachment A, attached to this Agreement and incorporated into this Agreement by this reference. 2. Term This Agreement is effective upon the execution of the Mayor and expires on December 31, 2009. 3. Termination of Agreement If T A V A fails to fulfill, in a timely and proper manner, any of T A VA's obligations or duties under this Agreement, or if T A V A violates any of the covenants, agreements or stipulations of this Agreement, City has the right to terminate this Agreement by giving at least one (l) day written notice to T A V A of the termination before the effective date of the termination. This provision is in addition to any other remedies that the City may have at equity or in law. 4. Assignability T A V A shall not assign or transfer any interest in this Agreement without prior written consent of City. Consent to an assignment by the City shall not be deemed to be consent to any subsequent assignment. Any such assignment without such consent shall be void. 319 5. Independent Contractor T A V A and any of the T A VA's agents, employees or representatives are, for all purposes under this Agreement, independent contractors and shall not be deemed to be employees of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. 6. Insurance T A V A represents that it and its staff and agents employed by it in connection with the Special Event are protected against the risk of loss by the insurance coverage outlined in Attachment A including naming the City, it officials, officers, agents, employees and volunteers as additional insured. 7. Hold Harmless T A V A agrees to defend, indemnify and hold harmless the City, its elected and appointed officials, officers, agents and employees pursuant to the Group/Organization Waiver and Release of Liability executed by T A VA. 8. Notices All notices to be given pursuant to this Agreement must be in writing. All notices 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 and to the representative identified below: City of Chula Vista Stephanie Kingston 276 Fourth Avenue Chula Vista, CA 91910 TAVA Steve Eastis 353 Third Avenue Chula Vista, CA 91910 If the representative or address of either Party changes, notice of the change shall be sent to the other Party. After the receipt of the notice of change, all future notices or demands shall be sent as required by the notice of change. 9. Headings All article headings are for convenience only and shall not affect the interpretation of 3-10 this Agreement. 10. Gender & Number Whenever the context requires, the use herein of (i) the neuter gender includes the masculine and the feminine genders and (ii) the singular number includes the plural number. II. Reference to Paragraphs Each reference in this Agreement to a section refers, unless otherwise stated, to a section this Agreement. 12. Incorporation of Recitals and Exhibits All recitals herein and exhibits attached hereto are incorporated into this Agreement and are made a part hereof. 13. Covenants and Conditions All provisions of this Agreement expressed as either covenants or conditions on the part of the City or T A VA, shall be deemed to be both covenants and conditions. 14. Integration This Agreement and any exhibits or references incorporated into this Agreement fully express all understandings of the Parties concerning the matters covered in this Agreement. No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid unless made in the form of a written change agreed to in writing by both Parties or an amendment to this Agreement agreed to by both Parties. All prior negotiations and agreements are merged into this Agreement. IS. Severability In the event that any phrase, clause, paragraph, section or other portion of this Agreement shall become illegal, null or void, or against public policy, for any reason, or shall be held by any court of competent jurisdiction to be illegal, null or void, against public policy, or otherwise unenforceable, the remaining portions of this Agreement shall not be affected and shall remain in force and effect to the fullest extent permissible by law. 16. Drafting Ambiguities The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the 3311 decision of whether or not to eek advice of counsel with respect to this Agreement is a decision that is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement. 17. Conflicts Between Terms If an apparent conflict or inconsistency exists between the main body of this Agreement and any exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately. upon the identification of any apparent conflict or inconsistency concerning this Agreement. 18. Compliance With Law T A V A shall, at its sole cost and expense, comply with all the requirements of municipal, state, and federal authorities now in effect or which may hereafter be in effect related to this Agreement. 19. Governing Law This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. This Agreement shall be deemed made and entered into in San Diego County, California. 20. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, TA V A shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 21. Fees In the event any action or proceeding shall be instituted in connection with this Agreement, including without limitation the enforcement of any indemnification obligation contained herein, the losing Party shall pay to the prevailing Party a 3-~ 2 reasonable sum for attorneys' fees and costs incurred in bringing or defending such action or proceeding and/or enforcing any judgment granted. 22. Jurisdiction and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. 23. Municipal Powers Nothing contained in this Agreement shall be construed as a limitation upon the powers of the City as a chartered city of the State of California. 24. No Waiver No failure of either Party to insist upon the strict performance by the other Party of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach of such covenant, term or condition. No waiver of any default hereunder shall be implied from any omission to take any action on account of such default. The consent or approval to or of any act requiring consent or approval shall not be deemed to waive or render unnecessary future consent or approval for any subsequent similar acts. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect to any existing or subsequent breach. 25. Cumulative Remedies All rights, options, and remedies of City contained in this Agreement shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and City shall have the right to pursue anyone or all of such remedies or to seek damages or specific performance in the event of any breach of the terms hereof or to pursue any other remedy or relief which may be provided by law or equity, whether or not stated in this Agreement. 26. Good Faith The Parties promise to use their best efforts to satisfy all conditions to this Agreement and to take all further steps and execute all further documents reasonably necessary to put this Agreement into effect. 27. Capacity of Parties 3-~ 3 Each signatory and Party to this Agreement warrants and represents to the other Party that it has legal authority and capacity and direction from its principal to enter into this Agreement, that all resolutions or other actions have been taken so as to enable it to enter into this Agreement, and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist. Dated: City of Chula Vista By: Cheryl Cox Mayor Attest: Donna Norris, CMC City Clerk Approved as to form: Bart Miesfeld City Attorney Dated: Third Avenue Village Association By: Steve Eastis Executive Director 3-~4 CITY COUNCIL AGENDA STATEMENT ,Ijf/ :::::;, ~ CITY OF ._~ (HUlA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: 8/11/09, Item l RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ENTERING INTO A PROPERTY USE LICENSE AGREEMENT WITH TRUGREEN LANDCARE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ENTERING INTO A PROPERTY USE LICENSE AGREEMENT WITH WEST COAfiT ORIST DIRECTOR OF PU':!!!:ORKS CITY MANAGER ASSISTANT CITY 1 ANAGER '=>7 4/5THS VOTE: YES 0 NO IS] SUMMARY Due to current budget constraints, the Public Works Department is scheduled to terminate or suspend ongoing maintenance contracts for this fiscal year (FY2009/20 1 0). This action would result in the need to perform necessary maintenance with existing City Parks staff. Two current contractors, TmGreen LandCare and West Coast Arborist, have offered to continue their services to the City at no cost in exchange for a staging location from which they can service their local contract. 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 I categorical exemption pursuant to Section 15301 [Existing Facilities] of the State CEQA Guidelines because the proposal involves negligible or no expansion of an existing facility. Thus, no further environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDA nON Not applicable. DISCUSSION TmGreen Landcare (TmGreen) The Public Works Department has contracted out the maintenance of landscaped medians and parkways since 2000. The current contract for these services is scheduled to cost the department 4-1 8/11/09, Iteml Page 2 of2 approximately $57,000. However, due to budget reductions, Park crews are scheduled to assume the maintenance of these areas in this fiscal year (FY2009/20 10). The current contractor, TruGreen LandCare, is seeking a yard facility within the City to stage their local contracts. They have approached the City about the possibility of utilizing a portion of the City's old corporation yard located at 707 F Street for this purpose. Staff has negotiated a proposed License Agreement that would allow the City to retain the services of TruGreen in exchange for use of a portion of the old yard. The City is proposing to enter into a property use license agreement with TruGreen for rent at a site at the old yard in exchange for maintenance of landscape medians and parkways. The term of the agreement is one year commencmg on the effective date of the agreement. West Coast Arborist (WCAl West Coast Arborist (WCA) is currently under a five-year renewable contract for Mexican Fan Palm, Queen Palm and Eucalyptus tree pruning per City Council Resolution No. 2006-165. This fiscal year, our broadleaf tree trimming vendor Aztec Tree has elected not to renew the broad leaf contract they were awarded in 2007. During the bidding process for that award, West Coast Arborist was the next lowest bidder. They have offered to provide a large portion of this year's tree trimming contract in exchange for a staging area at the old Corporation Yard. They will still be providing services under their existing Palm/Eucalyptus contract. In past experience, West Coast Arborist has been committed to performing very professional work for the City, and remains a contractor in good standing with the City of Chula Vista. Staff has negotiated a proposed LIcense Agreement that would allow the City to retain the additional services of WCA in exchange of a portion of the old yard. The City is proposing to enter into a property use license agreement with WCA for rent at a site at the old yard in exchange for maintenance of landscape medians and parkways. The term of the agreement is one year commencing on the effecti ve date 0 f the agreement. 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. CURRENT FISCAL IMPACT There is no impact to the General Fund as the cost for services provided by TruGreen and WCA will be in lieu of use of space at the old corporation yard located at 707 F Street per the proposed Lease Agreement. The benefits offered by this arrangement also increases local business collaborative efforts and services during these ditIicult economIc times. ONGOING FISCAL IMPACT These are one-year lease agreements. 'As the Lease Agreements expires, staff will reevaluate the situation and make further recommendations at that time. There are no anticipated impacts to the General Fund. A TT ACHMENTS 1. Property Use License Agreements Prepared by: Rick Ryals. Rea! Property IHwwger. Public Works Dept. lvf:\EngineerlAGENDAICAS1009\08-J j-09\TRUGREEN we,'! LfCENSES.doc 4-2 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ENTERING INTO A PROPERTY USE LICENSE AGREEMENT WITH TRUGREEN LANDCARE WHEREAS, the City has been approached by an existing contractor, TruGreen Landcare (TruGreen), about leasing a portion of City-owned property to store equipment and stage operations to service their local contracts, including services to the City; and WHEREAS, City Staff has identified an area at the old Corporation Yard located at 707 F Street that is suitable and currently not being utilized by the City; and WHEREAS, TruGreen has offered to lease the site for one year with an additional one- year option in exchange for servicing their City Contract at no charge to the City, while insuring and indemnifying the City from liability arising from their operations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the lease with TruGreen LandCare over a portion of City owned property under the terms set forth in the attached Property Lease Agreement. Presented by Richard A. Hopkins Director of Public Works 4-3 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORL\I1ALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL Dated: oj ~7 . PROPERTY LEASE G EMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND TRUGREEN LAND CARE FOR USE OF CITY OWNED REAL PROPERTY LOCATED AT 707 F STREET 4-4 PROPERTY LEASE AGREEMENT BY AND BETWEEN OF THE CITY OF CHULA VISTA AND TRUGREEN LANDCARE FOR THE USE OF CITY OWNED REAL PROPERTY LOCATED AT 707 F STREET DATED AS OF 4-5 CITY OF CHULA VISTA LEASE AGREEMENT TRUGREENLANDCARE SECTION PARAGRAPH PAGE SECTION 1: USES 1.01 Premises 1 1,02 Uses 1 1.03 Reservation of Rights 2 SECTION 2: TERM 2.01 Term 2 2.02 Termination 2 2.03 Surrender of Premises 2 SECTION 3: COMPENSATION 3.01 Rent for Use of Premises 3 3.02 Utilities 3 SECTION 4: INSURANCE RISKS/SECURITY 4.01 Indemnity 3 4.02 Insurance 4 4.03 Accident Reports 6 SECTION 5: TERMS AND CONDITIONS OF OCCUPANCY 5.01 Farm of Agreement 6 5.02 Right to Occupy 6 5.03 Taxes 7 4-6 CITY OF CHULA VISTA LEASE AGREEMENT TRUGREEN LAND CARE SECTION PARAGRAPH PAGE SECTION 6: IMPROVEMENTS/AL TERATIONS/REPAIRS 6.01 6.02 6.03 6.04 6.05 6.06 6.07 6.08 Acceptance of Premises Waste, Damage, or Destruction Maintenance Improvementsl Alterations Liens Signs Ownership of Improvements Breach by Lessee 7 7 7 8 8 8 9 9 SECTION 7: GENERAL PROVISIONS 7.01 7.02 7.03 7.04 7.05 7.06 7.07 7.08 7.09 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 Notices City Approval Nondiscrimination Equal Opportunity Entire Agreement Interpretation of the Agreement Agreement Modification Attorney's Fees Assignment and Subletting-No Encumbrance Defaults and Termination No Waiver Other Regulations Time is of Essence; Provisions Binding on Successors Section Heading GenderlSingular/Plu ral Non-Liability of Officers Relationship between City and Lessee Administrative Claims 9 10 10 10 10 10 11 11 11 11 11 12 12 12 12 12 12 12 SECTION 8: SIGNATURES 8.01 Signatories 13 EXHIBITS Exhibit "A" - Sketch of Premises Exhibit "B" - Scope of Services ii 4-7 THIS LEASE AGREEMENT, hereinafter called "Agreement", dated as of , solely for identification purposes, is executed between the City of Chula Vista, a public body corporate and politic, hereinafter called "City", and TRUGREEN LANDCARE, a , hereinafter called "Lessee", to establish terms and conditions of Lessee's use of certain real property owned by City and to provide terms and conditions of Lessee's occupancy and use of City's property. The effective date of this Agreement shall be the date this Agreement is approved by the City ("Effective Date"). RECITALS WHEREAS, City.is the legal and equitable owner of that certain real property located at 707 F Street, Chula Vista, currently identified as San Diego County Assessor's Parcel No. 567- 031-27, more fully described herein below; and WHEREAS, Lessee is the owner and operator of TruGreen LandCare whose principle place of business is located at 5248 Governor Drive, San Diego, CA 92122; and WHEREAS, Lessee desires to and has requested permission to use a portion of said City real property, rnore particularly described herein for the storage and staging of landscaping eq uipment and supplies; and WHEREAS, City hereby Leases to Lessee and Lessee hereby Leases from City that certain portion of City's real property herein identified, under the terrns, covenants, conditions and provisions contained herein. AGREEMENT NOW THEREFORE, THE PARTIES HERETO MUTUALLY AGREE AS FOLLOWS: SECTION 1: USES 1.01 Premises. City hereby Leases to, in accordance with the terms, covenants, conditions and provisions hereof, that certain City owned real property located at 707 F Street, Chula Vista, and currently identified as San Diego County Assessor's Parcel No. 567-031-27, and more particularly shown a sketch thereof designated as Exhibit "A" attached hereto and by this reference made part of this Agreement (the "Premises"). In return for this perrnission, Lessee hereby agrees to act in accordance with and abide by the terms, covenants, conditions and provisions of this Agreement. 1.02 Uses. It is expressly agreed that the Premises shall be used by Lessee solely and exclusively for the purpose of stor,age and staging landscaping supplies and 'equipment and for such other related or incidental purposes as rnay be first approved in writing by the City's Real Property Manager ("Manager") and for no other purpose whatsoever. Lessee covenants and agrees to use the Premises only for the above specified purpose and to diligently pursue said purpose throughout the term hereof. Lessee shall not use or permit any use of the Premises in any manner which disturbs the use and quiet enjoyment by City or any surrounding tenants. In the event that Lessee fails to continuously use the Premises for said Page 1 08/05/2009 TruGreen LandCare License Agreement 4-8 purpose, or uses the Premises for purposes not expressly authorized herein, the Lessee shall be deemed in default under this Agreement. 1.03 Reservation of Riqhts. City shall not unreasonably or substantially interfere with Lessee use of the Premises while Lessee is in possession of the Premises. However, the City specifically retains the following rights: a. Subsurface Rights. City hereby reserves all rights. title and interest in any and all subsurface natural gas, oil, minerals and water on or within the Premises. b. Easements. City reserves the right to grant and use easements or to establish and use rights-of-way over, under, along and across the Premises for utilities, thoroughfares, or access as it deems advisable for the public good. c. Right to Enter. City has the right to enter the Premises for the purpose of performing maintenance, inspections, repairs or improvements, or developing municipal resources and services. SECTION 2: TERM 2.01 Term. The term of this Agreement shall be one year commencing on the Effective Date of this Agreement. Upon the expi,ation of the initial term of this Agreement, Lessee may request to extend the term of the Lease for an additional one-year term. Lessee shall request said option by written notice to City not less than 90 (ninety) calendar days prior to the expiration of the Lease term. Any extension shall be subject to the approval of City. Unless otherwise mutually agreed by the parties in writing, the terms and conditions of this Agreement shall remain in effect during the extended term. If City for any reason cannot deliver possession of the Premises to Lessee at the commencement of the term, or if during the term of this Agreement Lessee is dispossessed for any reason whatsoever, City shall not be liable to Lessee for any loss or damage resulting therefrom. 2.02 Termination. Notwithstanding any other remedies provided by this Agreement, City has the right, at its sole discretion, to terminate this Agreement upon ninety (90) days written notice to Lessee. Lessee has the right to terminate this Agreement upon ninety (90) days written notice to City. 2.03 Surrender of Premises. At the expiration or earlier termination of this Agreement, Lessee shall surrender the Premises to City free and clear of all liens and encumbrances, except those liens and encumbrances which existed on the date of the execution of this Agreement by City. The Premises, when surrendered by Lessee, shall be in a safe and sanitary condition and shall be in as good or better condition as the condition at the commencement of this Agreement, absent normal wear and tear. Page 2 08/05/2009 TruGreen LandCare License Agreement 4-9 SECTION 3: RENT 3.01 Rent for Use of Premises. Licensee does hereby acknowledge and agree that providing landscaping services for the City as set forth in Scope of Services attached hereto as Exhibit "S", together with the maintenance and upkeep of the Premises, in an attractive, good, neat, and orderly condition. Said services shall be performed in coordination with and to the satisfaction of Public Works Department Staff, by Licensee during the term of this Agreement is a material consideration of City entering into this Agreement. City agrees that the landscape services together with the maintenance and upkeep of the Premises by Licensee as set forth in Section 6 hereof, are valuable consideration received from Licensee and shall constitute all the property use payment to be paid by Licensee for its use of the Premises in accordance with the tenms, covenants, conditions and provisions of this Agreement. Provided Licensee is not in breach or default under any of the terms hereof, Licensee shall not be required to pay any monetary consideration to City for its use and occupation of the Premises. For convenience only, consideration as set forth in this Section 3.01 may be referred to as rent. 3.02 Utilities. Lessee agrees that no utilities are available under this Lease and none are to be accessed without prior written approval of City. SECTION 4: INSURANCE RISKS/SECURITY 4.01 Indemnity. a. Lessee hereby agrees to defend, indemnify, and hold the City, its directors, officers, employees, and agents, harmless from and against any and all liability or claim of liability, loss or expense, including defense costs and legal fees and claims for damages of whatever character, nature and kind, whether directly or indirectly arising from or connected with, or related to this Agreement or an act or omission of Lessee, or any employee, agent, invitee, contractor of Lessee, or other person acting by or on behalf of Lessee on or about the Premises, including, but not limited to, liability, expense, and claims for bodily injury, death, personal injury, or property damage. This indemnity provision does not include any claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees, or agents. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Lessee, its employees, agents or officers b. Costs of Defense and Award. Included in the obligations in Section a1, above, is the Lessee's obligation to defend, at Lessee's own cost, expense and risk, any and all aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its directors, officials, officers, employees, agents and/or volunteers. Lessee shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, Page 3 08/05/2009 TruGreen LandCare License-Agreement 4-10 officials, officers, employees, agents and/or volunteers, for any and all legal expense and cost incurred by each of them in connection therewith. c. Insurance Proceeds. Lessee's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, and/or volunteers. d. Declarations. Lessee's obligations under Section 4 shall not be limited by any prior or subsequent declaration by the Lessee. e. Enforcement Costs. Lessee agrees to pay any and all costs City incurs enforcing the indemnity and defense provisions set forth in Section 4. f. Survival. Lessee's obligations under Section 4 shall survive the termination of this Agreement. 4.02 Insurance. Lessee shall obtain insurance as required and approved by City's Risk Management Department. 4.03 Accident Reports. Lessee shall promptly report to City any accident causing any property damage or any serious injury to persons on or about the Premises. This report shall contain the names and addresses of the parties involved, a statement of the circumstances, the date and hour, the names and addresses of any witnesses and other pertinent information. SECTION 5: TERMS AND CONDITIONS OF OCCUPANCY 5.01 Form of Aqreement. This Agreement is a limited lease for the use of the Premises for those particular purposes identified in Section 1.2. Nothing in this Agreement shall be interpreted to grant any interest in the Premises other than that specified in this Agreement. At no time shall the Lessee's limited interest in the Premises ripen into a leasehold or fee interest with a claim or right to exclusive possession thereof. 5.02 Riqht to OCCUpy. Lessee right to occupy the Premises may be terminated by City at any time if Lessee fails to satisfactorily perform the improvement, maintenance, and upkeep duties or responsibilities of Lessee set forth hereunder. City reserves the right to terminate this Agreement as may be provided for elsewhere herein. 5.03 Taxes. Lessee shall pay, before delinquency, all taxes, assessments, and fees assessed or levied upon Lessee or the Premises, including the land, any buildings, structures, machines, equipment, appliances, or other improvements or property of any nature whatsoever erected, installed, or maintained by Le'ssee or levied by reason of the business or other Lessee activities related to the Premises, including any licenses or permits, Lessee recognizes and agrees that this Agreement may create a possessory interest subject to property taxation, and that Lessee may be 'subject to the payment of taxes levied on such interest, and that Lessee shall pay all such possessory interest taxes prior to their delinquency, Page 4 08/05/2009 TruGreen LandCare License'Agreement 4-11 SECTION 6: IMPROVEMENTS/ALTERATIONS/REPAIRS 6.01 Acceptance of Premises. The Premises is being offered to Lessee in an As-Is and Where-Is condition without any warranty, expressed or implied. Lessee represents and warrants that it has independently inspected the Premises and made all tests, investigations, and observations necessary to satisfy itself of the condition of the Premises and all improvement appurtenant thereto. Lessee acknowledges it is relying solely on such independent inspection, tests, investigations, and observations in making this Agreement. Lessee further acknowledges that the Premises are in the condition called for by this Agreement, and that Lessee does not hold City responsible for any defects in the Premises. 6.02 Waste, Damaqe, or Destruction. Lessee shall give notice to City of any fire .or other damage that occurs on the Premises within forty-eight (48) hours of such fire or damage. Lessee shall not commit or suffer to be committed any waste or injury or any public or private nuisance, to keep the Premises, adj.oining sidewalks, and other public areas, clean and clear of refuse and obstructi.ons, and to dispose of all garbage, trash, and rubbish in a manner satisfactory to City. If the Premises shall be damaged by any cause which puts the Premises into a condition which is not decent, safe, healthy and sanitary, Lessee agrees to make or cause to be made full repair of said damage and to restore the Premises to the condition which existed prior to said damage; or, at City's option, and upon receipt of written demand thereof, Lessee agrees to clear and remove from the Premises all debris resulting from said damage and repair the Premises in accordance with plans and specifications previously submitted to City and approved in writing in order to replace In kind and scope the improvements which existed prior to such damage. Lessee shall be responsible for all costs incurred in the repair and restoration, or rebuilding of the Premises. Lessee shall not cause or permit any hazardous material to be used, stored, transported, generated, or disposed in or about the Premises by Lessee, Lessee's agents, employees, contractors, Lessees, or invitees. "Hazardous Material" means any hazardous, toxic, or infectious substance, material, or waste, which is or becomes regulated by any l.ocal governmental entity, the State of California, or the United States government under any law, regulation or ordinance. 6.03 Maintenance. Lessee agrees to assume full responsibility and cost for the operation and maintenance of the Premises throughout the term of this Agreement. Lessee will make customary and usual maintenance necessary to maintain and preserve the Premises, all improvements, including fencing, adjoining sidewalks, and other public areas, in a decent, safe, healthy, and sanitary condition satisfactory to City and in compliance with all applicable laws. Lessee shall remove and lawfully and properly dispose of all garbage, litter, trash, debris, and rubbish from or about the Premises, adjoining sidewalks, and other public areas, on a daily basis. All components of the fencing, including but not limited to posts and rails, shall be mended/replaced on an as-needed, when-needed basis, using material of similar type and style. Lessee shall maintain surface on the Premises in a good, neat and orderly manner. Weeds, tree or shrub branches, leaves, twigs, and other similar debris shall be removed from the Premises as needed to maintain a neat appearance at all times. Lessee shall provide access control to the Premises to prevent access and parking of unauthorized vehicles. All maintenance and other Lessee duties set forth herein shall, during the term hereof, be done at Page 5 08/05/2009 TruGreen LandCare License Agreement 4-12 Lessee sole cost and expense and City shall not be called upon for any outlay or expense related thereto. If at any time during the term of this Agreement, City reasonably determines that the Premises are not in a decent, safe, healthy, and sanitary condition, City may, at its sole discretion and option, terminate this Agreement upon written notice to Lessee and regain possession of the Premises from Lessee. In the event of such termination, or if City elects not to terminate, City may, upon written notice to Lessee, have any necessary maintenance work done in order to place the Premises back to a decent, safe, healthy, and sanitary condition at the expense of Lessee. In such event, City shall provide Lessee written notice and itemized billing showing the work performed and Lessee shall make payment to City no later than thirty (30) days after receipt of said notice and billing. The rights reserved in this Section 6.03 shall not create any obligations on City or increase obligations elsewhere in this Agreement imposed on City. The provisions of this Section 6.03 shall survive the expiration or earlier termination of this Agreement. 6.04 Improvements/Alterations. No improvements, structures, or installations shall be constructed on the Premises, and the Premises may not be altered by Lessee without prior written approval by the City. This provision shall not relieve Lessee of any obligation under this Agreement to maintain the Premises in a decent, safe, healthy, and sanitary condition, including structural repair and restoration of damaged or worn improvements. City shall not be called upon to, or be obligated by this Agreement to make or assume any expense for any existing improvements or alterations. 6.05 Liens. Lessee shall not, directly or indirectly, create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance, or claim on or with respect to all or any portion of the Premises without the prior written consent of the City's Property Manager. Lessee shall promptly, at its own expense, take such action as may be necessary to duly discharge or remove any such mortgage, pledge, lien, charge, encumbrance or claim on or with respect to all or any portion of the Premises for which Lessee does not have the prior written consent of the City's Property Manager. 6.06 Siqns. Lessee shall not erect or display any banners, pennants, flags, posters, signs, decorations, marquees, awnings, or similar devices or advertising on or about the Premises without the prior written consent of City. If any such unauthorized item is found on the Premises, Lessee shall remove the item at its expense within twenty-four (24) hours of written notice thereof by City, or City may thereupon remove the item at Lessee's cost. 6.07 Ownership of Improvements. Any and all improvements, structures, and installations or additions to the Premises now existing or constructed on the Premises by Lessee shall at Agreement expiration or termination be deemed to be part of the Premises and shall become, at City's option, City's property, free of all liens and claims except as otherwise provided in this Agreement. If the City chooses not to accept improvements made by Lessee, during the term of this Lease, and prefers to have such improvements removed, Lessee shall do so at its sole cost and expense. 6.08 Breach bv Lessee. Lessee's refusal or failure to meet its obligations under this Section 6 shall be deemed a breach of this Agreement, and in such event, City may terminate this Agreement pursuant to the provision of Section 7.10 or elsewhere herein. Page 6 08/05/2009 TruGreen LandCare License Agreement 4-13 SECTION 7: GENERAL PROVISIONS 7.01 Notices. All notices, demands, requests, consents or other communications which this Agreement contemplates or authorizes, or requires or permits either party to give to the other, shall be in writing and shall be personally delivered or mailed, postage prepaid, to the respective party as follows: To City: To Lessee: Rick Ryals Real Property Manager City of Chula Vista Department of Public Works 276 Fourth Avenue Chula Vista, CA 91910 TruGreen LandCare PO Box 22207 San Diego, CA 92192-2207 Attention: Jared Rice With Copy to: City of Chula Vista City Attomey 276 Fourth Avenue Chula Vista, CA 91910 ~ither party may change its address by notice to the other party as provided herein. Communications shall be deemed to have been given and received on the first to occur of: (I) actual receipt at the offices of the party to whom the communication is to be sent, as designated above; or (Ii) three working days following the deposit in the United States Mail of certified mail, postage prepaid, return receipt requested, addressed to the offices of the party to whom the communication is to be sent, as designated above, or (iii) actual receipt if made by recognized reliable currier service who maintains a receipt of delivery. 7.02 City Approval. The City's Property Manager shall be the City's authorized representative in the interpretation and enforcement of all work performed in connection with this Agreement. The City's Property Manager may delegate authority in connection with this Agreement to the City's Property Manager's designee(s). For the purposes of directing Lessee in accordance with this Agreement, which does not result In a change to this Agreement, the City's Property Manager delegates authority to the Real Estate Manager and/or the Redevelopment Manager of the Economic and Community Development Department. For the purposes of interpretation of and/or changes to this agreement, the City's Property Manager delegates authority to the Real Estate Manager. 7.03 Nondiscrimination. Lessee agrees not to discriminate in any manner against or segregation of any person or persons, on account of race, color, religion, sex, familiar status, national origin, ancestry, age, disability or sexual orientation in the use, occupancy, tenure or Page 7 08/05/2009 TruGreen LandCare License Agreement 4-14 enjoyment of the Premises, nor shall Lessee itself, or any person claiming under or through it, establish or permit such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of the Premises. 7.04 Equal Opportunity. Lessee shall assure applicants are employed and that employees are treated during employment without regard to race, familial status, color, religion, sex or national origin. Lessee hereby certify to City that Lessee is in compliance and throughout the term of this Agreement will comply with Title VII of the Ciyil Rights Act of 1964, as amended, the California Fair Employment Practices Act, and any other applicable Federal, State and Local law, regulation and policy (including without limitation those adopted by City) related to equal employment opportunity and affirmative action programs, including any such law, regulation, and policy hereinafter enacted. a. Compliance and performance by Lessee of the equal employment opportunity and affirmative action program provision of this Agreement is an express condition hereof and any failure by Lessee to so comply and perform shall be a default of this Agreement and City may exercise any right as provided herein and as otherwise provided by law. 7.05 Entire AQreement. This Agreement comprises the entire integrated understanding between City and Lessee concerning the use and occupation of the Premises and supersedes all prior negotiations, representations, or agreements. Each party has relied on its own examination of the Premises, advice from its own attorneys, and the warranties, representations, and covenants of the Agreement itself. 7.06 Interpretation of the AQreement. The interpretation, validity and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. The Agreement does not limit any other rights or remedies available to City. a. The Lessee shall be responsible for complying with all Local, State, and Federal laws whether or not said laws are expressly stated or referred to herein. b. Should any provision herein be found or deemed to be invalid, the Agreement shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and effect, and to this end the provisions of this Agreement are severable. c. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 7.07 AQreement Modification. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by the parties hereto. 7.08 Attornev's Fees. In the event a suit is commenced by City against Lessee to enforce payment of amounts due, or to enforce any of the terms and conditions hereof, or in case City shall commence summary action under the laws of the State of California relating to the unlawful detention of Premises, for forfeit of this Agreement, and the possession of the Premises, provided City effects a recovery, Lessee shall pay City all reasonable costs expended in any action, together with a reasonable attorney's fee to be fixed by the court. Venue for any such suit or action shall be California Superior Court, San Diego County, North County Branch. Page 8 08/05/2009 TruGreen LandCare License Agreement 4-15 7.09 Assiqnment and Sublettinq-No Encumbrance. This Agreement and any portion thereof sha[1 not be assigned, transferred, or sublet, nor sha[1 any of the Lessee's duties be delegated, without the express written consent of City. Any attempt to assign or delegate this Agreement without the express written consent of City sha[1 be void and of no force or effect. A consent by City to one assignment, transfer, sublease, or delegation sha[1 not be deemed to be a consent to any subsequent assignment, transfer, sublease, or delegation. 7.10 Defaults and Termination. If City has a good faith belief that Lessee is not complying with the terms of this Agreement, City sha[1 give written notice of the default (with reasonable specificity) to Lessee and demand the default to be cured within fifteen (15) days of the notice. [f Lessee is actually in default of this Agreement and fails to cure the default within fifteen (15) days of the notice, or, if more than fifteen (15) days are reasonably required to cure the default and Lessee fails to give adequate assurance of due performance within ten (10) days of the notice, City may terminate this Agreement upon written notice to Lessee. City may also terminate this Agreement upon written notice to Lessee in the event that: a. Lessee has previously been notified by City of Lessee's default under this Agreement and Lessee, after beginning to cure the default, fails to diligently pursue the cure of the default to completion; or b. Lessee shall vo[untarily file or have involuntarily filed against It any petition under any bankruptcy or insolvency act or law; or c. Lessee shall be adjudicated a bankruptcy; or d. Lessee shall make a general assignment for the benefit of creditors. Upon termination, City may immediately enter and take possession of the Premises. 7.11 No Waiver. The failure to require the remedy of a breach or enforce the terms and conditions of this Agreement in one instance or several instances shall not be interpreted to be a waiver of the right to enforce the terms and conditions of this Agreement for. any subsequent breach. 7.12 Other Requlations. All use of the Premises by Lessee under this Agreement shall be in accordance with the laws of the United States of America, the State of California, the County of San Diego, and in accordance with all applicative rules and regulations and ordinances of the City of Chura Vista now in force, or hereinafter prescribed or promulgated by resolution or ordinance or by Local, State or Federa[ law. 7.13 Time is of Essence; 'Provisions Bindinq on Successors. Time is of the essence of a[[ of the terms, covenants and conditions of this Agreement and, except as otherwise provided herein, all of the terms, covenants and conditions of this Agreement shall apply to, benefit and bind the successors and assigns of the respective parties, jointly and individually. Page 9 08/05/2009 TruGreen LandCare License Agreement 4-16 7.14 Section Headinqs. The Table of Contents and the section headings contained herein are for convenience only and are not intended to define or limit the scope of any provision thereof. 7.15 GenderlSinqular/Plural. The neuter gender includes the feminine and masculine, the masculine includes the feminine' and neuter, and the feminine includes the masculine and neuter, and each includes corporation, partnership, or other legal entity when the context so requires. The singular number includes the plural whenever the context so requires. 7.16 Non-liabilitv of Officials. No member, official or employee of the City shall be personally liable to Lessee, its assigns or successors in interest, in the event of any default or breach by the City, for any amount which may become due to Lessee its assigns or successors, or for any obligations under the terms of this Agreement. 7.17 Relationship between City and Lessee. It is hereby acknowledged that the relationship between City and Lessee is that of landowner and tenant at will and not that of a partnership or joint venture and that City and Lessee shall not be deemed or construed for any purpose to be the agent of the other. Accordingly, except as expressly provided herein, the City shall have no duties or obligations with respect to the improvement, maintenance or upkeep of the Premises. 7.18 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. REMAINDER OF PAGE LEFT BLANK INTENTlONALL Y [Signatures on Following Page] Page 10 08/05/2009 TruGreen LandCare License Agreement 4-17 SECTION 8: SIGNATURES 8.01 Siqnatories. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Lessee and the City. IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Property Use Permit to be executed as of, but not necessarily on, the Effective Date by setting hereunto their signatures herein below. CITY: City of Chula Vista By: APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE By: LESSEE: TruGreen Landcare By: Dated: NOTARY ACKNOWLEDGMENTS OF LESSEE'S SIGNATURE(S) MUST BE ATTACHED Page 11 08/05/2009 TruGreen LandCare License Agreement 4-18 Exhibit "A" TrueGreen LandCare Lease Area 4-19 Exhibit "8" Scope of Services Tru-Green Landcare shall furnish all labor, equipment, materials, tools, services, incidentals, and special skills required to continue the landscape maintenance of the following areas, as part of extending their original 2005 contract per Council Resolution 2005-266 DTD 7/26/2005. Terms and Conditions ./ Orange Ave Turf Islands from COImally Ave. to Melrose ./ Broadway Islands from Main sl. to "L" sl. .j:> I "" C) ./ Palomar sl. Island between Broadway and Industria] ./ South Main street parkway and islands from Oleander to Maxwell ave. ./ Parkway Islands in front of the Parkway Gymnasium between 3rd and 4th avenue ../ Third ave. turf Islands from Madrona to F sl. ./ E st Island at Hwy 805 ./ H st corridor between Hwy 5 and Broadway ./ West J st Islands between Hwy 5 and Broadway ./ Islands in front of Bonita High School south to Southwestern College on Otay Lakes Road ./ East H street turf Islands between Auburn ave. ,LIld Otay Lakes road ./ East J st islands between Gilbert Place and Cassia Place ./ Palomar St MTDB Trolley Station RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ENTERING INTO A PROPERTY USE LICENSE AGREEMENT WITH WEST COAST ARBORIST WHEREAS, the City has been approached by an existing contractor, West Coast Arborist (WCA), about leasing a portion of City-owned property to store equipment and stage operations to service their local contracts,. including services to the City; and WHEREAS, City Staff has identified an area at the old Corporation Yard located at 707 F Street that is suitable and currently not being utilized by the City; and WHEREAS, WCA has offered to lease the site for one year with an additional one-year option in exchange for providing tree trimming services at no charge to the City, while insuring and indemnifying the City from liability arising from their operations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the lease with West Coast Arborist over a portion of City owned property under the terms set forth in the attached Property Lease Agreement. Richard A. Hopkins Director of Public Works Approved as to fo "\ Presented by 4-21 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY T CITY COON L Dated: 8 / ~09 PROPERTY LEASE A/G EMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND WEST COAST ARBORIST FOR USE OF CITY OWNED REAL PROPERTY LOCATED AT 707 F STREET 4-22 " " '..1__'"-',. '- -- ~, , PROPERTY LEASE AGREEMENT BY AND BETWEEN OF THE CITY OF CHULA VISTA AND WEST COAST ARBORIST FOR THE USE OF CITY OWNED REAL PROPERTY LOCATED AT 707 F STREET DATED AS OF 4-23 CITY OF CHULA VISTA LEASE AGREEMENT WEST COAT ARBORIST SECTION PARAGRAPH PAGE SECTION 1: USES 1.01 Premises 1 1.02 Uses 1 1.03 Reservation of Rights 2 SECTION 2: TERM 2.01 Term 2 2.02 Termination 2 2.03 Surrender of Premises 2 SECTION 3: COMPENSATION 3.01 Rent for Use of Premises 3 3.02 Utilities 3 SECTION 4: INSURANCE RISKS/SECURITY 4.01 Indemnity 3 4.02 Insurance 4 4.03 Accident Reports 6 SECTION 5: TERMS AND CONDITIONS OF OCCUPANCY 5.01 Form of Agreement 6 5.02 Right to Occupy 7 5.03 Taxes 7 4-24 CITY OF CHULA VISTA LEASE AGREEMENT WEST COAT ARBORIST SECTION PARAGRAPH PAGE SECTION 6: IMPROVEMENTS/ALTERATIONS/REPAIRS 6.01 6.02 6.03 6.04 6.05 6.06 6.07 6.08 Acceptance of Premises Waste, Damage, or Destruction Maintenance I mprovements/ Alterations Liens Signs Ownership of Improvements Breach by Lessee 7 7 8 8 8 9 9 9 SECTION 7: GENERAL PROVISIONS 7.01 7.02 7.03 7.04 7.05 7.06 7.07 7.08 7.09 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 Notices City Approval Nondiscrimination Equal Opportunity Entire Agreement Interpretation of the Agreement Agreement Modification Attorney's Fees Assignment and Subletting-No Encumbrance Defaults and Termination No Waiver Other Regulations Time is of Essence; Provisions Binding on Successors Section Heading Gender/Singu lar/Plural Non-Liability of Officers Relationship between City and Lessee Administrative Claims 9 10 10 10 10 10 11 11 11 11 12 12 12 12 12 12 12 12 SECTION 8: SIGNATURES', 8.01 Signatories 13 EXHIBITS Exhibit "A" - Sketch of Premises ii 4-25 THIS LEASE AGREEMENT, hereinafter called "Agreement", dated as of , solely for Identification purposes, is executed between the City of Chula Vista, a public body corporate and politic, hereinafter called "City", and WEST COAST ARBORIST, a , hereinafter called "Lessee", to establish terms and conditions of Lessee's use of certain real property owned by City and to provide terms and conditions of Lessee's occupancy and use of City's property. The effective date of this Agreement shall be the date this Agreement is approved by the City ("Effective Date"). RECITALS WHEREAS, City is the legal and equitable owner of that certain real property located at 707 F Street, Chula Vista, currently identified as San Diego County Assessor's Parcel No. 567- 031-27, more fully described herein below; and WHEREAS, Lessee is the owner and operator of West Coast Arborist whose principle place of business is .Iocated at 8524 Commerce Avenue, Suite S, San Diego, CA 92121; and WHEREAS, Lessee desires to and has requested permission to use a portion of said City real property, more particularly described herein for the storage and staging of landscaping equipment and supplies; and WHEREAS, City hereby Leases to Lessee and Lessee hereby Leases from City that certain portion of City's real property herein identified, under the terms, covenants, conditions and provisions contained herein. AGREEMENT NOW THEREFORE, THE PARTIES HERETO MUTUALLY AGREE AS FOLLOWS: SECTION 1: USES 1.01 Premises. City hereby Leases to, in accordance with the terms, covenants, conditions and provisions hereof, that certain City owned real property located at 707 F Street, Chula Vista, and currently identified as San Diego County Assessor's Parcel No. 567-031-27, and more particularly shown a sketch thereof designated as Exhibit "A" attached hereto and by this reference made part of this Agreement (the "Premises"). In return for this permission, Lessee hereby agrees to act in accordance with and abide by the terms, covenants, conditions and provisions of this Agreement. 1.02 Uses. It is expressly agreed that the Premises shall be used by Lessee solely and exclusively for the purpose of storage and staging landscaping supplies and equipment and for such other related or incidental purposes as may be first approved in writing by the City's Real Property Manager ("Manager") and for no other purpose whatsoever. Lessee covenants and agrees to use the Premises only for the above specified purpose and to diligently pursue said purpose throughout the term hereof. Lessee shall not use or permit any use of the Premises in any manner which disturbs the use and quiet enjoyment by City or any surrounding tenants. In the event that Lessee fails to continuously use the Premises for said Page 1 4-26 07/22/2009 West Coast Arborist License Agreement purpose, or uses the Premises for purposes not expressly authorized herein, the Lessee shall be deemed in default under this Agreement. 1.03 Reservation of Riohts. City shall not unreasonably or substantially interfere with Lessee use of the Premises while Lessee is in possession of the Premises. However, the City specifically retains the following rights: a. Subsurface Rights. City hereby reserves all rights, title and interest in any and all subsurface natural gas, oil, minerals and water on or within the Premises. b. Easements. City reserves the right to grant and use easements or to establish and use rights-of-way over, under, along and across the Premises for utilities, thoroughfares, or access as it deems advisable for the public good. c. Right to Enter. City has the right to enter the Premises for the purpose of performing maintenance, inspections, repairs or improvements, or developing municipal resources and services. SECTION 2: TERM 2.01 Term. The term of this Agreement shall be one year commencing on the Effective Date of this Agreement. Upon the expiration of the initial term of this Agreement, Lessee may request to extend the term of the Lease for an additional one-year term: Lessee shall request said option by written notice to City not less than 90 (ninety) calendar days prior to the expiration of the Lease term. Any extension shall be subject to the approval of City. Unless otherwise mutually agreed by the parties in writing, the terms and conditions of this Agreement shall remain in effect during the extended term. If City for any reason cannot deliver possession of the Premises to Lessee at the commencement of the term, or if during the term of this Agreement Lessee is dispossessed for any reason whatsoever, City shall not be liable to Lessee for any loss or damage resulting therefrom. 2.02 Termination. Notwithstanding any other remedies provided by this Agreement, City has the right, at its sole discretion, to terminate this Agreement upon ninety (90) days written notice to Lessee. Lessee has the right to terminate this Agreement upon ninety (90) days written notice to City. 2.03 Surrender of Premises. At the expiration or earlier termination of this Agreement, Lessee shall surrender the Premises to City free and clear of all liens and encumbrances, except those liens and encumbrances which existed on the date of the execution of this Agreement by City. The Premises, when surrendered by Lessee, shall be in a safe and sanitary condition and shall be in as good or better condition as the .condition at the commencement of this Agreement, absent normal wear and tear. Page 2 4-27 07/22/2009 West Coast Arborist License Agreement SECTION 3: RENT 3.01 Rent for Use of Premises. Licensee does hereby acknowledge and agree that West Coast Arborist ryvCA) shall furnish tree trimming and removal services for the City of Chula Vista equivalent to one thousand dollars ($1000) or more per month as part of extending their existing 2009/2010 contract with the City of Chula Vista Urban Forestry Division. Removal costs will be negotiated on a case-by-case basis taking into consideration access limitations, size and type of tree, and tree-trimming services required for the City in coordination with and to the satisfaction of Public Works Department Staff. Licensee shall also be responsible for maintenance and upkeep of the Premises, in an attractive, good, neat, and orderly condition during the term of this Agreement: this obligation is a material consideration of City entering into this Agreement. City agrees that the tree trimming services together with the maintenance and upkeep of the Premises by Licensee as set forth in Section 6 hereof, are valuable consideration received from Licensee and shall constitute all the property use payment to be paid by Licensee for its use of the Premises in accordance with the terms, covenants, conditions and provisions of this Agreement. Provided Licensee is not in breach or default under any of the terms hereof, Licensee shall not be required to pay any monetary consideration to City for its use and occupation of the Premises. For convenience only, consideration as set forth in this Section 3.01 may be referred to as rent. 3.02 'Utilities. Lessee agrees that no utilities are available under this Lease and none are to be accessed without prior written approval of City. SECTION 4: INSURANCE RISKS/SECURITY 4.01 Indemnitv. a. Lessee hereby agrees to defend, indemnify, and hold the City, its directors, officers, employees, and agents, harmless from and against any and all liability or claim of liability, loss or expense, including defense costs and legal fees and claims for damages of whatever character, nature and kind, whether directly or indirectly arising from or connected with, or related to this Agreement or an act or omission of Lessee, or any employee, agent, invitee, contractor of Lessee, or other person acting by or on behalf of Lessee on or about the Premises, including, but not limited to, liability, expense, and claims for bodily injury, death, personal injury, or property damage. This indemnity provision does not include any claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees, or agents. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Lessee, its employees, agents or officers b. Costs of Defense and Award. Included in the obligations in Section a , above, is the Lessee's obligation to defend, at Lessee's own cost, expense and risk, any and all aforesaid suits, actions or other legal proceedings of every kind that may 4-28 07(22/2009 West Coast Arborist Ucense Agreement Page 3 be brought or instituted against the City, its directors, officials, officers, employees, agents and/or volunteers. Lessee shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expense and cost incurred by each of them in connection therewith. c. Insurance Proceeds. Lessee's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, and/or volunteers. d. Declarations. Lessee's obligations under Section 4 shall not be limited by any prior or subsequent declaration by the Lessee. e. Enforcement Costs. Lessee agrees to pay any and all costs City incurs enforcing the indemnity and defense provisions set forth in Section 4. f. Survival. Lessee's obligations under Section 4 shall survive the termination of this Agreement. 4.02 Insurance. Lessee shall take out and maintain at.all times during the term of this Agreement the following insurance at its sole expense: a. Lessee shall maintain the following minimum limits: General Liability Insurance Commercial General Liability Insurance covering liability of the Lessee with respect to all operations to be performed and all obligations assumed by the Lessee under the terms of this Agreement. Coverage for commercial general liability shall be at least as broad as Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). Limits shall be no less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply to the Premises (with the ISO CG 2503, or ISO CG 2504, or insurer's equivalent endorsement provided to City) or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability Insurance Automotive Liability I nsurance covering the liability of Lessee arising out of the use of all owned, non-owned, and hired vehicles which bear, or are required to bear, license plates according to the laws of California and which are not covered under the Lessee Commercial General Liability insurance. Coverage under this policy shall have limits of liability of not less than one million dollars ($1,000,000) per occurrence, combined single limit, for bodily injury and property damage (including loss of use) liability. Coverage shall be at least as broad as Page 4 4-29 07/22/2009 West Coast Arborist Ucense Agreement Page 5 Insurance Services Office Automobile Liability Coverage (Form CA 0001), covering Symbol 1 (any auto). Workers' Compensation and Emplover's Liability Insurance Workers' Compensation and Employer's Liability Insurance complying with the requirements of all applicable laws relating to workers' compensation insurance, covering or insuring all of the Lessee's employees working on or about the Premises. Limits shall be no less than statutory limits per accident for bodily injury and disease. By his/her signature hereunder, Lessee certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and it will comply with such provisions in connection with any work performed on or about the Premises. Any persons providing services with or on behalf of Lessee shall be covered by workers' compensation (or qualified self-insurance) b. All insurance companies affording coverage to the Lessee shall be required to add the City of Chula Vista, its officials, officers, employees, and agents as "additional insured(s)" under the insurance policy(s) required in accordance with this Agreement. Lessee shall furnish (or cause to be furnished) a certificate of insurance countersigned by an authorized agent of the insurance carrier on a form of the insurance carrier setting forth the general provisions of the insurance coverage. This countersigned certificate (and endorsement) shall name the City and the City, their officers, agents, employees, and authorized volunteers as additional insured under the policy. Coverage provided hereunder to the City and City as additional insured by Lessee shall be primary insurance and other insurance maintained by the City, its officials, officers, agents and/or employees, shall be excess only and not contributing with insurance provided pursuant this Section 4.02, and shall contain such provision in the policy(ies), certificate(s) and/or endorsement(s). The insurance policy or the certificate of insurance shall contain a waiver of subrogation for the benefit of the City, its officials, officers, employees, and agents. C. All insurance companies affording coverage to the Lessee shall be insurance organizations acceptable to the City, and authorized by the Insurance Commissioner of the State Department of Insurance to tra~sact business of irisurance in the State of California. Insurance is to be placed with insurers having a current A.M. Best rating of no less than A-, VII or equivalent or as otherwise approved by City. d. All insurance companies affording coverage shall provide thirty (30) days written notice to the City should the policy be cancelled before the expiration date. For the purposes of this notice requirement, any material change in the policy prior to the expiration shall be considered a cancellation. e. Lessee shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance, in a form satisfactory to the 07/22/2009 West Coast Arborist Ucense Agreement 4-30 General Counsel (City Attorney), concurrently with the submittal of this Agreement. f. Lessee shall provide a substitute certificate of insurance no later than thirty (30) days prior to the policy expiration date. Failure by the Lessee to provide such a substitution and extend the policy expiration date shall be considered a default by Lessee and may subject the Lessee to a termination of this Agreement. g. Maintenance ofinsurance by the Lessee as specified in this Agreement shall in no way be interpreted as relieving the Lessee of any responsibility whatever and the Lessee may carry, at its own expense, such additional insurance as it deems. necessary. h. If Lessee fails or refuses to take out and maintain the required insurance, or fails to provide the proof of coverage, City has the right to obtain the insurance. Lessee shall reimburse City for the premiums paid with interest at the maximum allowable legal rate then in effect in California. City shall give notice of the payment of premiums within thirty (30) days of payment stating the amount paid, names of the insurer(s),. and rate of interest. Said reimbursement and interest shall be paid by Lessee on the first (1 st) day of the month following the notice of payment by City. i. City, at its discretion, may require the reVISion of amounts and coverage at anytime during the term of this Agreement by giving Lessee sixty (60) days prior written notice. City's requirements shall be designed to assure protection from and against the kind and extent of risk existing on the Premises. Lessee also agrees to obtain any additional insurance required by City for new improvements, in order to meet the requirements of this Agreement. j. Notwithstanding the preceding provisions of this Section 4.02, any failure or refusal by Lessee to take out or maintain insurance as required in this Agreement, or failure to provide the proof of insurance, shall be deemed a default under this Agreement and in such event, City may terminate this Agreement upon three (3) days written notice to Lessee. For the purposes of this Agreement, the condition to provide the insurance coverage required under this Section 4.02 shall be in addition to rent. 4.03 Accident Reports. Lessee shall promptly report to City any accident causing any property damage or any serious injury to persons on or about the Premises. This report shall contain the names and addresses of the parties involved, a statement of the circumstances, the date and hour, the names and addresses of any witnesses and other pertinent information. SECTION 5: TERMS AND CONDITIONS OF OCCUPANCY 5.01 Form of AQreement. This Agreement is a limited lease for the use of the Premises for those particular purposes identified in Section 1.2. Nothing in this Agreement shall be Interpreted to grant any interest in the Premises other than that specified in this Agreement. Page 6 07/22/2009 West Coast Arborist Ucense Agreement 4-31 At no time shall the Lessee's limited interest in the Premises ripen into a leasehold or fee interest with a claim or right to exclusive possession thereof. 5.02 Riqht to OCCUpy. Lessee right to occupy the Premises may be terminated by City at any time if Lessee fails to satisfactorily perform the improvement, maintenance, and upkeep duties or responsibilities of Lessee set forth hereunder. City reserves the right to terminate this Agreement as may be provided for elsewhere herein. 5.03 Taxes. Lessee shall pay, before delinquency, all taxes, assessments, and fees assessed or levied upon Lessee or the Premises, including the land, any buildings, structures, machines, equipment, appliances, or other improvements or property of any nature whatsoever erected, installed, or maintained by Lessee or levied by reason of the business or other Lessee activities related to the Premises, including any licenses or permits. Lessee recognizes and agrees that this Agreement may create a possessory interest subject to property taxation, and that Lessee may be subject to the payment of taxes levied on such interest, and that Lessee shall pay all such possessory interest taxes prior to their delinquency. SECTION 6: IMPROVEMENTS/ALTERATIONS/REPAIRS 6.01 Acceptance of Premises. The Premises is being offered to Lessee in an As-Is and Where-Is condition without any warranty, expressed or implied. Lessee represents and warrants that it has independently inspected the Premises and made all tests, investigations, and observations necessary to satisfy itself of the condition of the Premises and all improvement appurtenant thereto. Lessee acknowledges it is relying solely on such independent inspection, tests, investigations, and observations in making this Agreement. Lessee further acknowledges that the Premises are in the condition called for by this Agreement, and that Lessee does not hold City responsible for any defects in the Premises. 6.02 Waste. Damaqe. or Destruction. Lessee shall give notice to City of any fire or other damage that occurs on the Premises within forty-eight (48) hours of such fire or damage. Lessee shall not commit or suffer to be committed any waste or injury or any public or private nuisance, to keep the Premises, adjoining sidewalks, and other public areas, clean and clear of refuse and obstructions, and to dispose of all garbage, trash, and rubbish in a manner satisfactory to City. If the Premises shall be damaged by any cause which puts the Premises into a condition which is not decent, safe, healthy and sanitary, Lessee agrees to make or cause to be made full repair of said damage and to restore the Premises to the condition which existed prior to said damage; or, at City's option, and upon receipt of written demand thereof, Lessee agrees to clear and remove from the Premises all debris resulting from said damage and repair the Premises in accordance with plans and specifications previously submitted to City and approved in writing in order to replace in kind and scope the improvements which existed prior to such damage. Lessee shall be responsible for all costs incurred in the repair and restoration, or rebuilding of the Premises. Lessee shall not cause or permit any hazardous material to be used, stored, transported, generated, or disposed in or about the Premises by Lessee, Lessee's agents, employees, contractors, Lessees, or invitees. "Hazardous Mate.rial" means any hazardous, toxic, or infectious substance, material, or waste, which is or becomes regulated by any local Page 7 4-32 . 07/22/2009 West Coast Arborist License Agreement governmental entity, the State of California, or the United States government under any law, regulation or ordinance. 6.03 Maintenance. Lessee agrees to assume full responsibility and cost for the operation and maintenance of the Premises throughout the term of this Agreement. Lessee will make customary and usual maintenance necessary to maintain and preserve the Premises, all improvements, including fencing, adjoining sidewalks, and other public areas, in a decent, safe, healthy, and sanitary condition satisfactory to City and in compliance with all applicable laws. Lessee shall remove and lawfully and properly dispose of all garbage, litter, trash, debris, and rubbish from or about the Premises, adjoining sidewalks, and other public areas, on a daily basis. All components of the fencing, including but not limited to posts and rails, shall be mended/replaced on an as-needed, when-needed basis, using material of similar type and style. Lessee shall maintain surface on the Premises in a good, neat and orderly manner. Weeds, tree or shrub branches, leaves, twigs, and other similar debris shall be removed from the Premises as needed to maintain a neat appearance at all times. Lessee shall provide access control to the Premises to prevent access and parking of unauthorized vehicles. All maintenance and other Lessee duties set forth herein shall, during the term hereof, be done at Lessee sole cost and expense and City shall not be called upon for any outlay or expense related thereto. If at any time during the term of this Agreement, City reasonably determines that the Premises are not in a decent, safe, healthy, and sanitary condition, City may, at its sole discretion and option, terminate this Agreement upon written notice to Lessee and regain possession of the Premises from Lessee. In the event of such termination, or if City elects not to terminate, City may, upon written notice to Lessee, have any necessary maintenance work done in order to place the Premises back to a decent, safe, healthy, and sanitary condition at the expense of Lessee. In such event, City shall provide Lessee written notice and itemized billing showing the work performed and Lessee shall make payment to City no later than thirty (30) days after receipt of said notice and billing. The rights reserved in this Section 6.03 shall not create any obligations on City or increase obligations elsewhere in this Agreement imposed on City. The provisions of this Section 6.03 shall survive the expiration or earlier teriTlination of this Agreement. 6.04 Improvements/Alterations.. No improvements, structures, or installations shall be constructed on the Premises, and the Premises may not be altered by Lessee without prior written approval by the City. This provision shall not relieve Lessee of any obligation under this Agreement to maintain the Premises in a decent, safe, healthy, and sanitary condition, including structural repair and restoration of damaged or worn improvements. City shall not be called upon to, or be obligated by this Agreement to make or assume any expense for any existing improvements or alterations. 6.05 Liens. Lessee shall riot, directly or indirectly, create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance, or claim on or with respect to all or any portion of the Premises without the prior written consent of the City's Property Manager. Lessee shall promptly, at its own expense, take such action as may be necessary to duly discharge or remove any such mortgage, pledge, lien, charge, encumbrance or claim on or with respect to all or any portion of the Premises for which Lessee does not have the prior written consent of the City's Property Manager. Page 8 4-33 . 07/2212009 West Coast Arborist Ucense Agreement 6.06 SiQns. Lessee shall not erect or display any banners, pennants, flags, posters, signs, decorations, marquees, awnings, or similar devices or advertising on or about the Premises without the prior written consent of City. If any such unauthorized item is found on the Premises, Lessee shall remove the item at its expense within twenty-four (24) hours of written notice thereof by City, or City may thereupon remove the item at Lessee's cost. 6.07 Ownership of Improvements. Any and all improvements, structures, and installations or additions to the Premises now existing or constructed on the Premises by Lessee shall at Agreement expiration or termination be deemed to be part of the Premises and shall become, at City's option, City's property, free of all liens and claims except as otherwise provided in this Agreement. If the City chooses not to accept improvements made by Lessee, during the term of this Lease, and prefers to have such improvements removed, Lessee shall do so at its sole cost and expense. 6.08 Breach bv Lessee. Lessee's refusal or failure to meet its obligations under this Section 6 shall be deemed a breach of this Agreement, and in such event, City may terminate this Agreement pursuant to the provision of Section 7.10 or elsewhere herein. SECTION 7: GENERAL PROVISIONS 7.01 Notices. All notices, demands, requests, consents or other communications which this Agreement contemplates or authorizes, or requires or permits either party to give to the other, shall be in writing and shall be personally delivered or mailed, postage prepaid, to the respective party as follows: To City: To Lessee: Rick Ryals Real Property Manager City of Chula Vista Department of Public Works 276 Fourth Avenue Chula Vista, CA 91910 West Coast Arborist 8524 Commerce Avenue Suite B San Diego, CA 92121 Attention: Mike Palat With Copy to: City of Chula Vista City Attorney 276 Fourth Avenue Chula Vista, CA 91910 Either party may change its address by notice to the other party as provided herein. Communications shall be deemed to have been given and received on the first to occur of: (i) actual receipt at the offices of the party to whom the communication is to be sent, as designated above; or (ii) three working days following the deposit in the United States Mail of certified mail, Page 9 4-34 07/22/2009 West Coast Arborist Ucense Agreement postage prepaid, return receipt requested, addressed to the offices of the party to whom the communication is to be sent, as designated above, or (iii) actual receipt if made by recognized reliable currier service who maintains a receipt of delivery. 7.02 Citv Approval. The City's Property Manager shall be the City's authorized representative in the interpretation and enforcement of all work performed in connection with this Agreement. The City's Property Manager may delegate authority in connection with this Agreement to the City's Property Manager's designee(s). For the purposes of directing Lessee in accordance with this Agreement, which does not result in a change to this Agreement, the City's Property Manager delegates authority to the Real Estate Manager and/or the Redevelopment Manager of the Economic and Community Development Department. For the purposes of interpretation of and/or changes to this agreement, the City's Property Manager delegates authority to the Real Estate Manager. 7.03 Nondiscrimination. Lessee agrees not to discriminate in any manner against or segregation of any person or persons, on account of race, color, religion, sex, familiar status, national origin, ancestry, age, disability or sexual orientation in the use, occupancy, tenure or enjoyment of the Premises, nor shall Lessee itself, or any person claiming under or through it, establish or permit such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of the Premises. 7.04 Equal Opportunitv. Lessee shall assure applicants are employed and that employees are treated during employment without regard to race, familial status, color, religion, sex or national origin. Lessee hereby certify to City that Lessee is in compliance and throughout the term of this Agreement will comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, and any other applicable Federal, State and Local law, regulation and policy (including without limitation those adopted by City) related to equal employment opportunity and affirmative action programs, including any such law, regulation, and policy hereinafter enacted. a. Compliance and performance by Lessee of the equal employment opportunity and affirmative action program provision of this Agreement is an express condition hereof and any failure by Lessee to so comply and perform shall be a default of this Agreement and City may exercise any right as provided herein and as otherwise provided by law. 7.05 Entire AQreement. This Agreement comprises the entire integrated understanding between City and Lessee concerning the use and occupation of the Premises and supersedes all prior negotiations, representations, or agreements. Each party has relied on its own examination of the Premises, advice from its own attorneys, and the warranties, representations, and covenants of the Agreement itself. 7.06 Interpretation of the AQreement. The interpretation, validity and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. The Agreement does not limit any other rights or remedies available to City. a. The Lessee shall be responsible for complying with all Local, State, and Federal laws whether or not said laws are expressly stated or referred to herein. Page 10 4-35 07/22/2009 West Coast Arborist Ucense Agreement b. Should any provision herein be found or deemed to be invalid, the Agreement shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and effect, and to this end the provisions of this Agreement are severable. c. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 7.07 Aareement Modification. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by the parties hereto. 7.08 Attornev's Fees. In the event a suit is commenced by City against Lessee to enforce payment of amounts due, or to enforce any of the terms and conditions hereof, or in case City shall commence summary action under the laws of the State of California relating to the unlawful detention of Premises, for forfeit of this Agreement, and the possession of the Premises, provided City effects a recovery, Lessee shall pay City all reasonable costs expended in any action, together with a reasonable attorney's fee to be fixed by the court. Venue for any such suit or action shall be California Superior Court, San Diego County, North County Branch. 7.09 Assianment and Sublettina-No Encumbrance. This Agreement and any portion thereof shall not be assigned, transferred, or sublet, nor shall any of the Lessee's duties be delegated, without the express written consent of City. Any attempt to assign or delegate this Agreement without the express written consent of City shall be void and of no force or effect. A consent by City to one assignment, transfer, sublease, or delegation shall not be deemed to be a consent to any subsequent assignment, transfer, sublease, or delegation. 7.10 Defaults and Termination. If City has a good faith belief that Lessee is not complying with the terrTls of this Agreement, City shall give written notice of the default (with reasonable specificity) to Lessee and demand the default to be cured within fifteen (15) days of the notice. If Lessee is actually in default of this Agreement and fails to cure the default within fifteen (15) days of the notice, or, if more than fifteen (15) days are reasonably required to cure the default and Lessee fails to give adequate assurance of due performance within ten (10) days of the notice, City may terminate this Agreement upon written notice to Lessee. City may also terminate this Agreement upon written notice to Lessee in the event that: a. Lessee has previously been notified by City of Lessee's default under this Agreement and Lessee, after beginning to cure the default, fails to diligently pursue the cure of the default to completion; or b. Lessee shall voluntarily file or have involuntarily filed against it any petition under any bankruptcy or insolvency act or law; or c. Lessee shall be adjudicated a bankruptcy; or d. Lessee shall make a general assignment for the benefit of creditors. Upon termination, City may immediately enter and take possession of the Premises. Page 11 07/22/2009 West Coast Arborist Ucense Agreement 4-36 7.11 No Waiver. The failure to require the remedy of a breach or enforce the terms and conditions of this Agreement in one instance or several instances shall not be interpreted to be a waiver of the right to enforce the terms and conditions of this Agreement for any subsequent breach. 7.12 Other ReQulations. All use of the Premises by Lessee under this Agreement shall be in accordance with the laws of the United States of America, the State of California, the County of San Diego, and in accordance with all applicative rules and regulations and ordinances of the City of Chula Vista now in force, or hereinafter prescribed or promulgated by resolution or ordinance or by Local, State or Federal law. 7.13 Time is of Essence; Provisions BindinQ on Successors. Time is of the essence of all of the terms, covenants and conditions of this Agreement and, except as otherwise provided herein, all of the terms, covenants and conditions of this Agreement shall apply to, benefit and bind the successors and assigns of the respective parties, jointly and individually. 7.14 Section HeadinQs. The Table of Contents and the section headings contained herein are for convenience only and are not intended to define or limit the scope of any provision thereof. 7.15 Gender/SinQular/Plural. The neuter gender includes the feminine and masculine, the masculine includes the feminine and neuter, and the feminine includes the masculine and neuter, and each includes corporation, partnership, or other legal entity when the context so requires. The singular number includes the plural whenever the context so requires. 7.16 Non-liability of Officials. No member, official or employee of the City shall be personally liable to Lessee, its assigns or successors in interest, in the event of any default or breach by the City, for any amount which may become due to Lessee its assigns or successors, or in any obligations under the terms of this Agreement. 7.17 Relationship between City and Lessee. It is hereby acknowledged that the relationship between City and Lessee is that of landowner and tenant at will and not that of a partnership or joint venture and that City and Lessee shall not be deemed or construed for any purpose to be the agent of the other. Accordingly, except as expressly provided herein, the City shall have no duties or obligations with respect to the improvement, maintenance or upkeep of the Premises. 7.18 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. REMAINDER OF PAGE LEFT BLANK INTENTlONALL Y [Signatures on Following Page] Page 12 4-37 07/22/2009 West Coast Arborist Ucense Agreement SECTION 8: SIGNATURES 8.01 Sianatories. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Lessee and the City. IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Property Use Permit to be executed as of, but not necessarily on, the Effective Date by setting hereunto their signatures herein below. CITY: City of Chula Vista By: APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE By: LESSEE: West Coast By: Patrick Mahoney, preside( Dated: July 22, 2009 NOTARY ACKNOWLEDGMENTS OF LESSEE'S SIGNATURE(S) MUST BE ATTACHED Page 13 4-38 07/22/2009 West Coast Arborist License Agreement CALIFORNiA ALL.PURPOSE ACKNOWLEDGMENT CC'~-C<',.C('.&".-C<.'-C<"~..a:r..a:-~..G(>.c<"~..a:""..c<:'~~-C<'-C(."~,.C(',c('-&..&'~.&-C('.&'...c<.'~...c<'..c<"~..c:t'..r.<-~.&',<;;:('~ County of Orange } State of California On 07/22/09 before me, Victor M. Gonzalez, Notary Public Hero Insert Name and nus ollhe Olticer Dale personally appeared Patrick Mahoney Narne(s)01 Slgner(s) r.................l .. .. " VICTOR M. GONZALEZ . .-" . Commission # 1721287 ~ ."m .. Notary Public - California ~ <t: " . Orange County ~ J. y": ".' _ ..~~.~~2~.~O~1_~ who proved to me on the basis of satisfactory evidence to be the person($) whose name~@a<'e- subscribed to the ~in instrument and acknowledged to me that ~~ executed the ~e in~ir authorized capacity(ielitr and that by&9fAheir signature(sj-on the instrument the perso~or the entity upon behalf of which the person{&l-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Placa Nolary Seal Above WITNESS my ~r.d and official se Viii. il6 Signature Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of At'.ached Document Title or Type of Document: Property Lease Agreement Document Date: Number of Pages: 13 Signer(s) Other Than Namec Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Patrick Mahoney o Individual ~ Corporate Officer - Title(s): o Partner -0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Top of thumb here Signer's Name: o Individual o Corporale Officer - Title(s): o Partner -0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: President Top ot thumb here Signer Is Representing: Wl:st Coast Arborists.rnc. Signer Is Representing: ~~~~~~~~~'91,;."!;f";,,~~~~~~~~~~~~~~~~~~"!;;&'l;,&~~~~~~"'!&~ (')2007 National Notary As5oc:ialion. 9350 De Solo Ave., P.O.8ox 2402 'Chatsworth, CA 91313-2402 'www.NalIonaINotary.org Ilem '5907 Reorder.CaJlTojl-free 1-1100-876-6827 4-39 Exhibit "A" West Coast Arborist Lease Area 4-40 CITY COUNCIL AGENDA STATEMENT ITEM TITLE: SUBMITTED BY: REVIEWED BY: AUGUST 11, 2009, Item~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $2,864,605 FROM THE BUREAU OF JUSTICE ASSISTANCE FOR THE 2009 RECOVERY ACT COMBATING CRlMINAL NARCOTICS ACTIVITY ALONG THE SOUTHERN BORDER OF THE UNITED STATES GRAt'iT, APPROPRIATING SAID FUNDS TO THE FISCAL YEAR 2009 AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) FUND, AND ADDING TWO POLICE AGENTS AND ONE PUBLIC SAFETY ANALYST TO THE AUTHORIZED POSITION COUNT FOR THE CHULA VISTA POLICE DEPARTMENT. CHIEF OF POLICE G.1Zu) CITY MANAGER ~ 4/STHS VOTE: YES 0 NO D SUMMARY TheChuIa Vista Police Department (CVPD) received notice of a grant award in the amount of $2,864,605 from the Office of Justice Programs' (OJP's) Bureau of Justice Assistance (BJA) to act as the fiduciary for the San Diego Regional Criminal Narcotics and Border Violence Project. This two-year project will supplement existing HIDTA-initiated task forces with ten positions from local law enforcement agencies. The Chula Vista Police Department will assign three positions (two detectives and one analyst) to the project. The Police Department Special Investigations Unit will oversee the implementation and overall management of the project. The objective of this project is to dismantle and disrupt major narcotics operations and associated violent activity along the southern border. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in 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. 5-1 AUGUST 11,2009, Item ':::> Page 2 of 4 RECOMMENDATION That Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable DISCUSSION The Police Department recently received notice of a grant award from the Bureau of Justice Assistance in the amount of $2,864,605. The Chula Vista Police Department will serve as the fiduciary for the San Diego Regional Criminal Narcotics and Border Violence Project. This two-year project will supplement existing HIDT A (High Intensity Drug Trafficking Area)-initiated task forces with ten new positions from the following local law enforcement agencies: San Diego Sheriff's Department, San Diego Police Department, San Diego District Attorney's Office, National City Police Department, and Chula Vista Police Department. The ten positions include seven detectives, two analysts, and one assistant district attorney. The goal of the San Diego Regional Criminal Narcotics and Border Violence Project is to enhance multi-jurisdictional, multi- disciplinary narcotics-associated task forces to dismantle and disrupt major narcotics operations and associated violent activity through increased collaboration and intelligence sharing through the following strategies: 1. Supplement 3 task forces in the HIDTA environment with local detectives, analysts, and a prosecutor to target narcotics-associated violence 2. Hire analysts to compile, collate, and disseminate meaningful intelligence to task forces for narcotics-associated violent crime investigations 3. Incorporate the intelligence data from all 3 HIDT A task forces to support collaborative investigations of narcotics-associated violence 4. Sustain enhanced local representation on task forces through substantiated grant successes and supporting legislation for border violence enforcement The analysts will work with all three task forces to ensure better collection, coordination, and dissemination of intelligence related to cross border violence cases. The District Attorney will assign a prosecutor to work exclusively on these cases. The sworn officers will be assigned to the three task forces for the purpose of gathering, coordinating, and acting on intelligence related to spillover violence uncovered by these task forces. Figure 1 below shows the organizational relationship of these new positions to the existing task forces. Each agency will release a competitive announcement seeking the most experienced narcotics and violent crime investigators. A panel of both federal and local supervisory personnel will interview and select the most suitable candidates. The assignment of two CVPD officers to the task forces will create two sworn vacancies to be filled by new 5-2 AUGUST II, 2009, Item~ Page 3 of 4 hires. The non-sworn positions (two analysts and one prosecutor) will be assigned independently of the sworn personnel. The District Attorney will reassign a Deputy District Attorney, based on experience level, to act as the lead prosecutor on all cross border violence cases stemming from the three task forces. The analyst positions for CVPD and SDPD will be announced through the Human Resources Departments of each agency. The agency head or their designee will have the final selection responsibility. The analyst from CVPD will be assigned to the San Diego Law Enforcement Coordination Center (SD-LECC), a regional fusion center, and the SDPD analyst will be assigned to gather and disseminate local agency intelligence to the task forces. As the fiscal agent for the grant funds, the Chula Vista Police Department will execute Memorandums of Understanding with each participating agency to clarify reporting and reimbursement procedures. Figure 1: San Diego Regional Criminal Narcotics and Border Violence Project- Organizational Structure ~ E-;:isting Staff ~ ~ Propo'led Staff '.-ia Grant 'l'SSA: Sup-=rvisory Spedal Agent 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)(I) is not applicable to this decision. 5-3 AUGUST 11,2009, Item 6 Page 4 of 4 CURRENT YEAR FISCAL IMPACT Approval of this resolution will result in the appropriation of $1,480,989 to the ARRA Fund as detailed in the table below. Personnel Supplies and Services Ca ital There is no impact to the General Fund in FY 2009/2010 as all costs are fully reimbursed through this grant. The department will receive approximately $9,000 to offset the costs to administer the grant. The City will contract with the participating agencies and they will provide invoices for their personnel costs which will be paid from the Police Department Supplies and Services appropriation. ONGOING FISCAL IMPACT This grant will fully fund this project for two fiscal years(FY 2010 and FY 2011). At the end of the grant period, the department will seek additional funding to continue participation in this project or eliminate the positions at that time. Funding for the partner agencies will become their responsibility at the end of the grant period. ATTACHMENTS Attachment "A": Letter of Support from San Diego County Sheriffs Department Attachment "BOO: Letter of Support from San Diego Police Department Attachment "Coo: Letter of Support from San Diego District Attorney's Office Attachment "D": Letter of Support from National City Police Department Attachment "E": Letter of Support from California Border Alliance Group Attachment "F": Letter of Support from San Diego Law Enforcement Coordination Center Attachment "Goo: Letter ot Support from Federal Bureau ofInvestigation Attachment "H": Letter of Support from Drug Enforcement Agency Prepared by: Kristen Miggans, Public Safety Analyst, Police Department 5-4 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $2,864,605 FROM THE BUREAU OF JUSTICE ASSISTAJ"JCE FOR THE 2009 RECOVERY ACT COMBATING CRIMINAL NARCOTICS ACTIVITY ALONG THE SOUTHERN BORDER OF THE UNITED STATES GRANT, APPROPRIATING SAID FUNDS TO THE FISCAL YEAR 2009 AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) FUND, AND ADDING TWO POLICE AGENTS AND ONE PUBLIC SAFETY ANALYST TO THE AUTHORIZED POSITION COUNT FOR THE CHULA VISTA POLICE DEPARTMENT WHEREAS, the Police Department has received notice of a grant award in the amount of $2,864,605 from the Bureau of Justice Assistance to act' as the fiduciary for the San Diego Regional Criminal Narcotics and Border Violence Project; and WHEREAS, this two-year project will target narcotics-related violence in the San Diego border region by assigning representatives from five local agencies (San Diego Sheriffs Department, San Diego Police Department, San Diego District Attorney's Office, National City Police Department and Chula Vista Police Department) to existing HIDT A (High Intensity Drug Trafficking Area)-initiated task forces; and WHEREAS, the major goal of this project is to enhance multi-jurisdictional, multi- disciplinary narcotics-associated task forces to dismantle and disrupt major narcotics operations and associated violent activity through increased collaboration and intelligence sharing; and WHEREAS, the Police Department has a history of success working on HIDTA-initiated task forces along with other law enforcement agencies at the local, state, and federal levels; and WHEREAS, the grant funding from the Bureau of Justice Assistance for the 2009 Recovery Act Combating Criminal Narcotics Activity Along the Southern Border of the United States Grant will fully offset the cost of assigned personnel and vehicles for the two-year grant period, resulting in no negative impact to the General Fund. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept $2,864,605 from the Bureau of Justice Assistance for the 2009 Recovery Act Combating Criminal Narcotics Activity Along the Southern Border of the United States Grant and appropriate $366,638 to the Personnel Services budget of the Fiscal Year 2009 ARRA Fund, and $1,077,151 to the Supplies and Services budget of the Fiscal Year 2009 ARRA Fund; and add two Police Agents and one Public Safety Analyst to the authorized position count for the Chula Vista Police Department. 5-5 Presented by: Interim Police Chief 5-6 Approved as to form by: ~~ ~r DfP0C<-( Bart Miesfeld . City Attorney ITEM TITLE: SUBMITTED BY: REVIEWED BY: CITY COUNCIL AGENDA STATEMENT ~('f::.. (llY OF ~ -- (HUlA VISTA AUGUST 11, 2009, ItemJz.. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BE1WEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO UNIFIED PORT DISTRICT FOR CITY POLICE, FIRE, AND EMERGENCY MEDICAL SERVICES TO BE PROVIDED ON PORT DISTRICT LANDS WITH PAYMENT FOR THE SERVICES TO THE CITY, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY CHIEF OF POLlCEj)e-UA FIRE CHIEF Q,w~ CITY MANAGER i 4/5THS VOTE: YES D NO 0 SUMMARY The City of Chula Vista has provided police, fire and emergency medical services to the San Diego Unified Port District (Port District) since 1994. These services are provided on Port District lands which do not generate ad valorem tax revenues. The City and the Port District reached an agreement to continue providing . these services until Fiscal Years 2010 through 2012. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a .physical change in 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. RECOMMENDATION That the City Council adopt the resolution. 6-1 AUGUST 11, 2009, Item r;, Page 2 of 3 BOARDS/COMMISSION RECOMMENDATION N/A DISCUSSION The City of Chula Vista has been providing police, fire and emergency medical services to the San Diego Unified Port District since 1994. This agreement covers the reimbursement of the cost to provide the police, fire and emergency medical services to the Port Districts filled tidelands and property within the City's limits, which do not generate ad valorem tax revenues. Those properties include non-dedicated streets, parks and other open space; unleased developed properties; leased properties wherein the lessee is not subject to ad valorem taxes; and unleased land (See Exhibit "A" included in attached Agreement). The City and the Port District reached consensus on the cost calculation methodology, which in effect sets a rate for the upcoming and succeeding fiscal years. Any deviation of the set amounts due to significant costs increases would have to be pre-approved by the Port. The contract covers the actual costs to provide service to the Port District for the non-ad valorem tideland areas. Exhibit "B" of the Agreement for Services outlines the costing agreement that is part of the agreement. This includes support staff costs as well as direct costs for equipment and direct service personnel. This agreement will be effective from July 1,2009 through June 30, 2012. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City of Chula Vista City Council and has found a conflict exists, in that Council Member Rudy Ramirez has property holdings within 500 feet of the boundaries of the property which is the subject cif this action. CURRENT YEAR FISCAL IMPACT Adopting this resolution will set reimbursement amounts owed by the Port District to the City for provisions of police, fire and emergency medical services to the non-ad valorem properties on the tidelands during fiscal years 2009-10, 2010-11 and 2011- 12. The agreed upon reimbursement rates for each year are as follows: Police Services Fire and Emergency Medical Services TOTAL, All Services m~ $ 569,635 $ 594,086 $ 158,944 $ 163,712 $ 728,579 $ 757,798 ~tl!Il~'it~1!li~ $ 620,600 $ 1,784,321 $ 168,623 $ 491,279 $ 789,223 $ 2,275,600 The updated contract amounts represent a positive net impact to the General Fund of approximately $22,600 as the FY 2010 budget reflects the contract amount for FY 2009. These additional revenues will offset expenses in the Police and Fire Departments, and no additional appropriations are required. 6-2 AUGUST 11, 2009, Item (0 Page 2 of 3 ONGOING FISCAL IMPACT Adoption of this resolution will set reimbursement amounts owed by the Port District to the City for provisions of police, fire and emergency medical services to the non-ad valorem properties on the tidelands during fiscal years 2010-11 and 2011-12 as detailed above. ATTACHMENTS Agreement for Services. Prepared by: Edward Chew, Administrative Services Manager, Police Department 6-3 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO UNIFIED PORT DISTRICT FOR CITY POLICE, FIRE, AND EMERGENCY MEDICAL SERVICES TO BE PROVIDED ON PORT DISTRICT LANDS WITH PAYMENT FOR THE SERVICES TO THE CITY, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY WHEREAS, the City of Chula Vista and the San Diego Unified Port District (Port District) desire to execute an agreement regarding police, fire and emergency medical services to be provided by the City on non-ad valorem tideland trust property, owned by the Port District, but located within the City ofChula Vista; and WHEREAS, the City has the capacity to provide police, fire and emergency medical services to said Port District property; and WHEREAS, the Port District will reimburse the City as set forth in the Agreement for Services. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Agreement behveen the City of Chula Vista and the San Diego Unified Port District for City police, fire and emergency medical services to be provided on Port District Lands with payment for services to the City, and authorizing the Mayor to execute the Agreement on behalf of the City. Presented by: Approved as to form by: Interim Police Chief ~0~~ Bart Miesfeld City Attorney D[ PC/7 7 David Hanneman Fire Chief 6-4 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL ~ ~ /~. /:.:::..--~ L p vff'u-?'-1 Bart C. Miesfeld City Attorney Dated: <i?-7-0'l AGREEMENT BETWEEN SAN DIEGO UNIFIED PORT DISTRICT and CITY OF CHULA VISTA for POLICE, FIRE AND EMERGENCY MEDICAL SERVICES AGREEMENT NO. 36-2009 6-5 ATTACHMENT "A" AGREEMENT BETWEEN SAN DIEGO UNIFIED PORT DISTRICT and CITY OF CHULA VISTA for POLICE, FIRE AND EMERGENCY MEDICAL SERVICES AGREEMENT NO. 36.2009 The parties to this Agreement are the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, herein called "District" and the CITY OF CHULA VISTA; a municipal corporation, herein called "City." RECITALS: WHEREAS, the San Diego Unified Port District Act allows the District to contract with the Municipalities whose territorial limits are adjacent to or contiguous to those of the District for police, fire and other seNices, and; WHEREAS, the District and the City desire to execute an Agreement for police, fire and emergency medical seNices on non-ad valorem tideland trust property located in the City ("Agreement"), and; WHEREAS, the City has the capacity to provide police, fire and emergency medical seNices to said District property; NOW, THEREFORE, it is mutually understood and agreed by and between the parties as follows: 1. SCOPE OF SERVICES A. This Agreement covers reimbursement of the cost of police, fire and emergency medical (EMS) seNices to be provided by the City upon the District's tidelands and property within the City's limits, which do not generate ad valorem tax revenues, as depicted in Exhibit A, Non Tax Paying Tidelands in the City of Chula Vista, incorporated by reference as Page 1 of 12 Agreement No.: 36-2009 Party to Agreement: City of Chula Vista Board Date: TaD 6-6 n__..__.;~_ ......_~~.-+......~~.. U",~h.....~ O"li,..o though fully set forth herein. Those properties include, but are not limited to, non-dedicated streets, parks and other open space, unleased developed properties, leased properties wherein the lessee is not subject to ad valorem taxes (with the exception of properties leased to the City), and unleased vacant land. Nothing herein contained shall give the City the right to use or occupy any District real or personal property, or to otherwise use the services of the District or its employees. City shall provide police, fire and emergency medical services as contained in the Statement of Reimbursable Expenses of this agreement, Attached hereto as Exhibit B and incorporated by reference as though fully set forth herein. Only expenditures authorized herein shall be eligible for reimbursement, unless approved in writing by District. A.1. For Police Services, City shall provide services to the same extent and in the same manner as such member city actually provides or may be required by law to provide to an ad valorem tax-generating property. District and City shall, to the extent practicable, meet and confer as needed to discuss deployment of resources cooperatively in an effort to avoid duplication of services. A.2. For Fire and Emerqencv Medical Services, City shall provide, to the same extent and in the same manner as such member city. actually provides or may be required by law to provide to an ad valorem tax- generating property, responses to all calls for fire suppression services by the fire department; and responses to all calls for emergency medical services, to such extent as the county, state, or federal government requires City to provide. B. The activities and services authorized for reimbursement shall only be those which have occurred, and been rendered on or after July 1, 2009, Agreement No.: 36-2009 Party to Agreement: City of Chula Vista Board Date: TBD Page 2 of 12 6-7 __.:__ .....___.....___.. "__...__ n_"__ and which are in furtherance of the San Diego Bay tideland trust for tlie accommodation of commerce, navigation, fisheries, and recreation on said trust tidelands for the benefit of all of the people of the State of California. 2. TERM OF AGREEMENT: This Agreement covers services rendered for fiscal years July 1, 2009 through June 30, 2012. If both parties desire to renew the Agreement and the cost of services for the new Agreement is not finalized before' the current Agreement expires, the current Agreement may be extended by amendment for up to one year at an annual compensation equal to the most recent year's cost of services. After negotiations are completed, contract amount will be adjusted based on final negotiated cost retroactive to July 1, 2012 or as otherwise agreed. 3. COMPENSATION: A. In consideration of the foregoing performances by City, District shall pay City an amount not to exceed $728,579.00 for Fiscal Year 2010, $757,798.00 for Fiscal Year 2011, and $789,223.00 for Fiscal Year 2012, for a total amount under this Agreement not to exceed $2,275,600.00. A summary of the not to exceed amounts by fiscal year and service provided is shown in figure 1, below: i I Total Service FY 09-10 I FY 10-11 FY11'12 FY 09-12 , Police Services $569,6351 $594,086 $620,600 $1,784,321 , Fire and Emergency Medical , Services $158,944; $163,712 $168,623 $491,279 , TOTAL, All Services $728,579 ; $757,798 $789,223 $2,275,600 figure 1 - Summary of Expenses Applicable reimbursable expenses are listed in Exhibit B, Statement of Reimbursable Expenses, and incorporated by reference herein. Agreement No.: 36-2009 Party to Agreement City of Chula Vista Board Date: TBD Page 3 of 12 6-8 The estimate in consideration for fiscal year 10/11 and 11/12 is recognized as the approximate cost of police, fire and emergency medical services with the City. If during the contract period, City's negotiated costs for police and/or fire services salaries and benefits change, City shall give District written notice and furnish documentation satisfactory to District to substantiate the changes. Such changes shall be recognized as a basis for increasing or decreasing the remaining consideration due after such changes are approved by the City, and shall be reflected in the next quarterly payme'nt to the City. City shall submit written requests for reimbursement to District for payment under this Agreement. Written requests may be submitted on a quarterly basis. District agrees to make reimbursement payments to the City within thirty (30)"days of receipt of a properly prepared request for reimbursement. B. Payments made pursuant to this Agreement shall include without limitation all sums, charges, reimbursements, costs and expenses provided for herein. City shall not be required to perform further services after compensation has been expended. In the event that City anticipates the need for services in excess of the compensation, District shall be notified in writing as immediately as reasonable and practicable. District must approve an amendment to this Agreement before additional fees and costs are incurred. 4. RECORDS: In accordance with generally accepted accounting principles, City shall maintain full and complete documentation of the cost of services performed under this Agreement. Such documentation, if reasonably available and prepared and maintained in the regular course of business, may include time cards, contracts, receipts, original invoices, canceled checks, payroll documentation, calls for service records, dispatch records, police and fire budget data, other budget data used to calculate citywide overhead factors, and periodic Agreement No.: 36-2009 Party to Agreement: City of Chula Vista Board Date: TBD Page 4 of 12 6-9 D"~",......;",,., no.................."'...+. l-l.,~h,,~ 0"1;,..,,, logs maintained by police and fire staff. Such records shall be open to inspection of District at all reasonable times in the City of Chula Vista and such records shall be maintained in accordance with applicable laws and policies of the State of California and City of Chula Vista related to records retention. Generally, all records set forth herein shall be maintained for at least three (3) years from the date of termination of this Agreement. If City is notified by District of a dispute, claim, litigation, or appeal arising from this Agreement, City shall maintain applicable and material records for a period of three (3) years after notification of the dispute, claim, litigation, or appeal, or until the dispute, appeal, litigation or claim has been finally resolved or adjudicated, whichever is later. City understands and agrees that District, at all times under this Agreement, has the right to audit financial or other records, which City has prepared or which relate to the work which City is performing for District pursuant to this Agreement regardless of whether such records have previously been provided to District. City shall provide District at City's expense a copy of all such records within ten (10) working days of a written request by District, unless the requested records are voluminous in nature. In that case, City may extend the time to respond to a request for records, as provided by the California Public Records Act, set forth in the California Government Code, and incorporated herein as controlling authority related to records disclosure. District's right to records shall also include inspection at reasonable times at the City's office or facilities, which are engaged in the performance of services pursuant to this Agreement. City shall, at no cost to District furnish reasonable facilities and assistance for such review and audit. 5. COMPLIANCE: In performance of this Agreement, City shall comply with the California Fair Employment and Housing Act, the American with Disabilities Act, and all other applicable federal, state, and local laws prohibiting discrimination, including without limitation, laws prohibiting discrimination because of age, Page 5 of 12 Agreement No.: 36-2009 Party to Agreement City of Chula Vista Board Date: TBD 6-10 ancestry, color, creed, denial of family and medical care leave, disability, marital status, medical condition, national origin, race, religion, sex, or sexual orientation. City shall comply with the prevailing wage provisions of the Labor Code, and the Political Reform Act provisions of the Government Code, as applicable. City shall comply with all applicable federal, state and local law, as well as any applicable District codes and policies in effect now. 6. INDEPENDENT ANALYSIS: City shall provide the services required by this Agreement, independent of the control and direction of District, other than normal contract monitoring provided, however, City shall possess no authority with respect to any District decision beyond rendition of such information, advice, or recommendations. 7. ASSIGNMENT: City shall not assign this Agreement or any right or interest hereunder without express prior written consent of District, nor shall District assign this Agreement or any right or interest hereunder without express prior written consent of City. 8. MUTUAL INDEMNIFICATION A. City agrees to defend, indemnify and hold the District harmless against and from any and all damages to property or injuries to or death of any person or persons, including employees or agents of the District, and shall defend, indemnify and hold harmless the District, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors or omissions of the City or any of its officers, agents or employees, unless otherwise agreed to in writing by City and District. Agreement No.: 36-2009 Party to Agreement: City of Chula Vista Board Date: TBD Page 6 of 12 6-11 .....__.._-~;-- ,...,-~ --'----~., '--'--- .....-,,-- B. District agrees to defend, indemnify and hold the City harmless against. and from any and all damages to property or injuries to or death of any person or persons, including employees or agents of the City, and shall defend, indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors, or omissions of the District or any of its officers, agents or employees, unless otherwise agreed to in writing by District and City. 9. INSURANCE REQUIREMENTS: City and District shall at all times during the term of this Agreement maintain, at its expense, the following minimum levels and types of insurance or evidence of a self-insured program: A. Commercial General Liability (including, without limitation, Contractual Liability, Personal and Advertising Injury, and Products! Completed Operations) coverages, with coverage at least as broad as Insurance Services Office Commercial General Liability Coverage (occurrence Form CG 0001 with limits no less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage. 1) The Commercial General Liability policy shall be endorsed to include the other party, its agents, officers, and employees as additional insured. 2) The coverage provided to the other party, as an additional insured, shall be primary. B. Commercial Automobile Liability (Owned, Scheduled, Non-Owned, or Hired Automobiles written at least as broad as Insurance Services Office Agreement No.: 36-2009 Party to Agreement: City of Chula Vista Board Date: TBD Page 7 of 12 6-12 Form Number CA 0001 with limits of no less than two million dollars ($2,000,000) per accident for bodily injury and property damage. C. Worker's Compensation in statutory required limits and Employer's Liability in an amount of not less than one million dollars ($1 ,000,000) per accident for bodily injury or disease. This policy shall be endorsed to include a waiver of subrogation endorsement. Certificates of insurance for all the policies described above upon execution of this Agreement and upon renewal of any of these policies shall be provided by City and District to the other party. Except in the event of cancellation foi non- payment of premium, in which case notice shall be 10 days, all such certificates shall indicate that the insurer must notify District in writing at least 30 days in advance of any change in, or cancellation of, coverage. Service Provider shall also provide notice to District prior to cancellation of, or any change in, the stated coverages of insurance. Each party reserves the right to request certified copies of any required insurance policies with reasonable notice. A sample certificate of insurance is shown in Exhibit C, incorporated by reference as though fully set forth herein. 10. INDEPENDENT CONTRACTOR: City and any agent or employee of City shall act in an independent capacity and not as officers or employees of District. The District assumes no responsibility for taxes, bonds, payments or other commitments, implied or explicit by or for the City. City shall not have authority to act as an agent on behalf of the District unless specifically authorized to do so in writing. City acknowledges that it is aware that because it is an independent contractor, District is making no deductions from its fee and is not contributing to any fund on its behalf. City disclaims the right to any fee or benefits except as expressly provided for in this Agreement. Agreement No.: 36-2009 Party to Agreement: City of Chula Vista ~._._., ....-.-..,...,...,.... 6-13 Page 8 of 12 11. ADVICE OF COUNSEL: The parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and that the decision of whether or not to seek the advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each of the parties hereto. This Agreement shall not be construed in favor of or against either party by reason of the extent to which each party participated in the drafting of the Agreement. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California. 12. INDEPENDENT REVIEW: Each party hereto declares and represents that in entering into this Agreement it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each party further declares and represents that this Agreement is being made without reliance upon any statement or representation not contained herein of any other party, or any representative, agent or attorney of any other party. 13. INTEGRATION AND MODIFICATION: This Agreement contains the entire Agreement between the parties and supersedes all prior negotiations, discussion, obligations and rights of the parties in respect of each other regarding the subject. matter of this Agreement. There is no other written or oral understanding between the parties. No modifications, amendment or alteration of this Agreement shall be valid unless it is in writing and signed by the parties hereto. 14. TERMINATION: In addition to any other rights and remedies allowed by law, either party may terminate this Agreement at the end of a service year with or without cause by giving at least six (6) months written notice prior to the start of the next year of service to the other parties of such termination and specifying the effective date thereof. Agreement No.. 36~2009 Party to Agreement: City of Chula Vista - ,_. --- 6-14 Page 9 of 12 In that event, all finished or unfinished documents and other materials, in possession of City that are the property of District, at the option of District, shall be delivered by City to the Don L. Nay Port Administration Building (located at 3165 Pacific Highway, San Diego, California 92101). Termination of this Agreement by Executive Director (President/CEO) as provided in this paragraph shall release District from any further fee hereunder by City other than the fees earned for services which were performed prior to termination but not yet paid. Said fee shall be calculated and based on the schedule as provided in this Agreement. 15. DISPUTE RESOLUTION: If a dispute arises out of or relates to this Agreement, or the alleged breach thereof, and is not settled by direct negotiation or such other procedures as may be agreed, and if such dispute is not otherwise time barred, the parties agree to first try in good faith to settle the dispute amicably by mediation administered at San Diego, California, by the American Arbitration Association, or by such other provider as the parties may mutually select, prior to initiating any litigation or arbitration. Notice of any such dispute must be filed in writing with the Qther party within a reasonable time after the dispute has arisen. Any resultant Agreements shall be documented and may be used as the basis for an amendment or directive as appropriate. If mediation is unsuccessful in settling all disputes that are not otherwise time barred, and if both parties agree, any still unresolved disputes may be resolved by arbitration administered at San Diego, California, by the American Arbitration Association, or by such other provider as the parties may mutually select, provided, however, that the Arbitration Award shall be non-binding and advisory only. Any resultant Agreements shall be documented and may be used as the basis for an amendment or directive as appropriate. On demand of the arbitrator or any party to this Agreement, subcontractor and all parties bound by this Agreement No.: 36-2009 Party to Agreement City of Chula Vista o~....~...l n....~..... Ton 6-15 Page 10 of 12 arbitration provision agree to join In and become parties to the arbitration proceeding. 16. PAYMENT BY DISTRICT: Payment by the District pursuant to this Agreement does not represent that the District has made a detailed examination, audit, or arithmetic verification of the documentation submitted for payment by the City, made an exhaustive inspection to check the quality or quantity of the services performed by the City, made an examination to ascertain how or for what purpose the City has used money previously paid on account by the District, or constitute a waiver of claims against the City by the District. 17. CAPTIONS: The captions by which the paragraphs of this Agreement are identified are for convenience o,nly and shall have no effect upon its interpretation. 18.. SIGNATURE: It is an express condition of this Agreement that said Agreement shall not be complete nor effective until signed by the Executive Director (President/CEO) or Authorized Designee on behalf of the District and by the City Mayor or Authorized Designee of the City. 18.1 City shall submit all correspondence regarding this Agreement to the following District representative: Jeffrey B. McEntee, CFOfTreasurer Executive Offices San Diego Unified Port District P.O. Box 120488 San Diego, CA 92112-0488 (619) 686-6423 (619) 686-6547 fax Email: jmcentee@portofsandiego.org 18.2 District shall submit all correspondence regarding this Agreement to the following City representative: Agreement No,: 36~2009 Party to Agreement: City of Chula Vista 6-16 Page 11 of 12 Nadine Mandery, Treasury Manager City of Chula Vista Finance Department 276 Fourth Avenue Chula Vista, CA 91910 (619) 476-5376 ext. 31.16 - direct line (619) 585-5685 fax Email: nmandery@ci.chula-vista.ca.us 18.3 Written notification to the other party shall be provided, in advance, of changes in the name or address of the designated representative. SAN DIEGO UNIFIED PORT DISTRICT CITY OF CHULA VISTA Jeffrey B. McEntee CFOfTreasurer Cheryl Cox Mayor PORT ATTORNEY Attest: City Clerk Approved as to Form: City Attorney Agreement No.. 36-2009 Party to Agreement: City of Chula Vista A"""rrl n",t"". TRn 6-17 Page 12 of 12 EXHIBIT A '-.. t -. ~",' ~~'.-;, ~ -.... ~'! 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','\, ~...' .,;,.,.. , ~ . l" .. t, t.';' ~ ,.. <t: I- m > <t: -I :J I U u. o >- I- U UJ I I- Z m o Z <t: -I UJ o I- G Z >- <t: a.. x <t: I- Z o z Agreement No.: 36-2009; Exhibit A Party to Agreement: City of Chula Vista - ,,,",.. ~_.... 6-18 Page 1 of 1 EXHIBIT B STATEMENT OF REIMBURSABLE EXPENSES City of Chula Vista FY 2010 FY 2011 FY 2012 POLICE SERVICES Calls for Service (number) 889 Handling time (hours) 359 Average back-up time 270 Average prisoner transport time 35 Total CFS time (hours) 663.8 Proactive Cost: 20 min/patrol shift * 3 shifts = 60 min/day 365.0 25 min/patrol shift * 3 shifts = 75 min/day Directed Patrol Assignment (park closure) 25 min/day * 365 days = 9,125 min 160 152.1 Reserve capacity factor 1,376.2 Total Police Hours 2,557.1 Available Officer Hours 1,460.0 Number of officers required (Total Police Hours I Available Officer Hours) 1.75 Annual cost per beat officer $ 135,660 $ 138,419 $ 142,153 Total cost per required officer $237,405 $242,233 $248,768 Support Staff: Ratio of support staff per officer 1.10 Support staff per officer 1.93 Annual Cost per Support Staff 160,397 170,114 179,965 Total Support Staff Cost 309,566 328,320 347,332 Total Officer and Support Staff Cost 546,971 570,553 596,100 City Overhead @ 7% (negotiatied rate) 38,288 39,939 41,727 Total Police Services 585,259 610,492 637,827 FIRE SERVICES Allocated portion to non-tax paying tidelands (7%) Total Fire and EMS 158,944 163,712 168,623 TOTAL POLICE, FIRE AND EMERGENCY MEDICAL $ 744,202 $ 774,204 $ 806,450 Agreement No.: 36-2009; Exhibit B Party to Agreement City of ChuJa Vista n__~.... "'_"_' Ton 6-19 Page 1 of 1 EXHIBIT C CERTIFICATE OF INSURANCE San Diego Unified Port District By signing this form, the authorized agent or broker certifies the following: (1) The Policy or Policies described below have been issued by the noted Insurer(s) [Insurance Company(ies}] to the Insured and is (are) in force at this time. (2) As required in the Insured's Agreement(s) with the District, the policies include, or have been endorsed to include, the coverages or conditions of coverage noted on page 2 of this certificate. (3) Signed copies of aU endorsements issued to effect reql!ire coverages or conditions of coverage are attached to this certificate. Return this form to: San Diego Unified Port District Altn: Linda Wilkstrom, Audit, Risk Management & Safety P. O. Box 120488, San Diego, CA 92112-0488 FAX: 866-875-1993 Name and Address of Insured (Contractor or Vendor) SDUPD Agreement Number This certificate applies to all operations of named insureds property in connection with all Agreements between the District and Insured. CO L TR TYPE OF INSURANCE POLICY NO. DATES LIMITS Commercial General Liability Commencement Date: Each Occurrence: 0 Occurrence Form 0 Claims-made Form $ Retro Date General Aggregate: 0 Liquor liability Expiration Date: Deductible/SIR: $ $ Commercial Automobile Liability Commencement Date: Each Occurrence: 0 All Autos Expiration Date: $ 0 Owned Auto~ 0 Non-Owned & Hired Autos Workers Compensation - Statutory - Commencement Date: E.L. Each Accident $ Employer's Liability Expiration Date: E.L. Disease Each Employee $ E.L. Disease Policy Limit $ Professional Liability Commencement Date: Each Claim 0 Claims Made Expiration Date: $ Retro-Active Date Excess/Umbrella ~iability Commencement Date: Each Occurrence: $ Expiration Date: General Aggregate;$ CO LTR COMPANIES AFFORDING COVERAGE. BEST'S RATING A B C D A. M. Best Financial Ratings of Insurance Companies Affording Coverage Must be A- VII or Better unless Approved in Writing by the District. Name and Address of Authorized Agent(st or Broker(s) E.Mail Address: Phone: Fax Number: Signature of Authorized Agent(s) or Broker(s) Date: Agreement No.: 36-2009; Exhibit C Party to Agreement: City of Chula Vista 6-20 Page 1 of 2 ENDORSEMENT NO. EFFECTIVE DATE POLICY NO. NAMED INSURED: GENERAL DESCRIPTION OF AGREEMENT(S) AND/OR ACTIVITY(IES): All written Agreements, contracts and leases with the San Diego Unified Port District and/or any and all activities or work performed on district premises . SAN DIEGO UNIFIED PORT DISTRICT REQUIRED INSURANCE ENDORSEMENT All written Agreements, contracts, and leases with the San Diego Unified Port District and/or any and all activities or work performed on District owned premises. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The San Diego Unified Port District, its officers, agents, and employees are additional insureds in relation to those operations, uses, occupations, acts, and activities described generally above, including activities of the named insured, its officers, agents, employees or invitees, or activities performed on behalf of the named insured. 2. Insurance under the policy(ies) listed on this endorsement is primary and no other insurance or self-insured retention carried by the San Diego Unified Port District will be called upon to contribute to a loss covered by insurance for the named insured. 3. The policy(ies) listed on this endorsement will apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 4. As respects the policy(ies) listed on this endorsement, with the exception of cancellation due to nonpayment of premium, thirty (30) days written notice by certified mail, return receipt requested, will be given to the San Diego Unified Port District prior to the effective date of cancellation, change in coverage, reduction of limits or non-renewal. In the event of cancellation due to nonpayment of premium, ten (10) days written notice shall be given. Except as stated above, and not in confiict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, Agreements or exclusions of the policy(ies) to which this endorsement applies. (NAME OF INSURANCE COMPANY) (SIGNATURE OF INSURANCE COMPANY AUTHORIZED REPRESENTATIVE) MAIL THIS ENDORSEMENT AND NOTICES OF CANCELLATION, LIMIT REDUCTIONS, AND CHANGES IN COVERAGE TO: Return this form to: San Diego Unified Port District Artn: Linda Wilkstrom, Audit, Risk Management & Safety P. O. Box 120488, San Diego, CA 92112-0488 FAX: 866-875-1993 Agreement No.: 36-2009; Exhibit C Party to Agreement: City of Chula Vista R,,;:,~.-l n:::>,tp" TRn 6-21 Page 2 of 2 CITY COUNCIL AGENDA STATEMENT ~\{f:. CITY OF .-::~ (HULA VISTA 08/11/2009 Item 7 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $6,500 FROM THE SAN DIEGO POLICE FOUNDATION TO FUND ONE NARCOTICS DETECTION CANINE AND APPROPRIATING SAID FUNDS IN THE FY 2010 POLICE DEPARTMENT SUPPLI S AND SERVICES BUDGET CHIEF OF POLICE CITY MANAGER 4/5THS VOTE: YES X NO SUBMITTED BY: REVIEWED BY: SUMMARY The Police Department has recently received a grant from the San Diego Police Foundation to purchase one narcotics detection canine. ENVIRONMENTAL REVIEW Not Applicable. RECOMMENDATION That Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION The City of Chula Vista is geographically located in an area where significant narcotics trafficking activity occurs. Narcotics trafficking activity puts our citizens at risk and reduces the quality of life for our neighborhoods. The police department has routinely relied upon outside agencies for the use of a narcotics detection canine during operations which involved hidden narcotics. Recent changes at the Department of Homeland Security has reduced the availability and subsequent effectiveness of using their narcotics detection canine. The lack of availability of a narcotics detection canine has reduced the effectiveness of police investigations into narcotics trafficking. The San Diego Police Foundation accepted an application from the Police Departmentto fund the purchase of a dedicated narcotics detection canine. This canine will be utilized in the 7-1 08111/2009, Item l Page 2 of2 Narcotics Enforcement Team. The addition of a dedicated narcotics detection canine will provide significant increases in narcotics enforcement for the City of Chula Vista. Additional funding for handler operations and ancillary costs will be brought forward under a separate grant opportunity. 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)(1) is not applicable to this decision. FISCAL IMPACT Approval of this resolution will result in the amendment of the fiscal year 2009/2010 adopted budget by appropriating $6,500 to the supplies and services category of the Police Department budget. The funding from the San Diego Police Foundation will completely offset the cost of purchasing a trained narcotics detection canine. A separate grant opportunity will pay for the additional costs associated with the addition of a canine unit in the police department. There will be no additional net cost to the General Fund. ONGOING FISCAL IMPACT The cost to maintain the narcotics detection canine program will be fully funded during fiscal years 2010 and 2011. Additional funding beyond FY 2011 will be required to maintain the program. ATTACHMENTS None. Prepared by: Edward Che1v, Administrative Services Manager, Police Department 7-2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $6,500 FROM THE SAN DIEGO POLICE FOUNDATION TO FUND ONE NARCOTICS DETECTION CANINE AND APPROPRIATING SAID FUNDS IN THE FY 2010 POLICE DEPARTMENT 'SUPPLIES AND SERVICES BUDGET WHEREAS, the Police Department was awarded $6,500 from the San Diego Police Foundation for the purchase of a narcotics detection canine; and WHEREAS, the City of Chula Vista is geographically located in an. area where significant narcotics trafficking activity occurs. Narcotics trafficking activity puts our citizens at risk and reduces the quality oflife for our neighborhoods; and WHEREAS, the police department has routinely relied upon outside agencies for the use of a narcotics detection canine during operations which involved hidden narcotics; and WHEREAS, these funds must be fully expended by June 30, 2009, otherwise any remaining funds will revert back to the State of California; and WHEREAS, recent changes at the Department of Homeland Security has reduced the availability and subsequent effectiveness of using their narcotics detection canine; and WHEREAS, the addition of a dedicated narcotics detection canine will provide significant increases in narcotics enforcement for the City of Chula Vista. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept $6,500 from the San Diego Police Foundation and appropriate $6,500 to the Supplies and Services category of the fiscal year 2010 Police Department budget. Presented by: Approved as to form by: Interim Police Chief ~G.,..;;- ~ D y.Pv'7 '"1 Bart Miesfeld City Attorney 7-3 CITY COUNCIL AGENDA STATEMENT < -<j,~-~, ~\'f:.. CITY OF ~CHULA VISTA AUGUST 11, 2009, 1tem~ SUBMITTED BY: REVIEWED BY: INVESTMENT REPORT FOR THE QUARTER ENDED JUNE 30, 2009 DIRECTOR OF FIN/f'E/TREASURER ~ CITY MANAGER ASSISTANT CITY ANAGER <7Y ITEM TITLE: 4/STHS VOTE: YES D NO ~ SUMMARY Transmitted herewith is the City's investment report for the quarter ended June 30, 2009. To meet the reporting requirements set forth in the California Government Code Sections 53600 et seq. and the City of Chula Vista Investment Policy, a separate report was distributed to the City Council as an informational item. 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; therefore, pursuant to Section 15060Cc)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council accept the report. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The total cash and investment portfolio as of June 30, 2009 was $186,109,137. This is an increase of approximately $107,834 from March 31, 2009 to June 30, 2009. For the quarter ended June 30, 2009, the earned interest yield was 2.286%, a decrease from the 2.747% reported for the quarter ended March 31, 2009, reflecting reinvestment in a lower interest rate environment and of maturing securities purchased in periods of higher interest rates. The weighted average maturity as of June 30, 2009 was 2.22 years which was a slight increase from 8-1 .J.~."",,"'''_''''''!::''''''-''ii':~ AUGUST 11, 2009, Item~ Page 2 of2 2.11 years for the prior quarter. The weighted average maturity remains sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated. DECISION MAKER CONFLICT Staff has determined that the action contemplated by this item is ministerial, secretarial, manual, or clerical in nature and, as such, does not require the City Council members to make or participate in making a governmental decision, pursuant to California Code of Regulations section I 8702.4(a). Consequently, this item does not present a conflict under the Political Reform Act (California Government Code g 87100, et seq.). CURRENT FISCAL IMPACT Considering the projected tirning of cash receipts and disbursements and the structure of the Pooled Investment Portfolio, the City should be able to comfortably meet overall cash flow needs over the next six months. There is no direct fiscal impact by this action. ONGOING FISCAL IMPACT There is no ongoing fiscal impact by this action. ATTACHMENTS A Investment Report for the Quarter Ended June 30, 2009 Prepared by: N Mandery, Treasury Manager, Finance Dept. 8-2 ~v?- -..- "-- ---- ...o::::~--~ ~-:o...- - CITY OF CHULA VISTA Finance Department Investment Report for the Quarter Ended June 30, 2009 August 11, 2009 Honorable Mayor and City Council, I am pleased to present this report of investment activity for the quarter ended June 30, 2009 in compliance with the reporting requirements as set forth in the California Government Code Sections 53600 et seq. and the City of Chula Vista Investment Policy. The information presented in this report highlights the investment activity for the quarter ended as well as provides a comparison to the quarters ended March 31,2009 and June 30,2008. Market Overview The Federal Open Market Committee (FOMC) continued to maintain the key Fed Funds rate at a target range of 0.00% to 0.25% in an effort to stimulate the economy. Two-year Treasuries yielding 0.80% at the beginning of the quarter climbed slightly to 1.11 % at the end of the quarter as the markets move toward a slow recovery. Although consumer spending, housing and manufacturing indicators are stabilizing, and positive growth is forecast for next quarter, many indicators remain at very low levels. It remains likely that the economic recovery will be weak and the unemployment rate is likely to continue to rise. The Federal Reserve and the U.S. Treasury are continuing to find ways to help stabilize the financial industry. In addition to increasing the FDIC insurance on bank deposits and implementing the Treasury Liquidity Guarantee Program (TLGP), a new program called Build America Bonds has been introduced. The program is designed to help local agencies raise funds for new construction projects by issuing taxable bonds. This program was initially designed to expire at the end of 2010, but due to strong demand, it may be extended. Portfolio Composition The table below provides a summary of the City's total investment portfolio as of June 30, 2009. The Investment Portfolio ($175,193,617) Cashmme Deposits ($10,915,520) and Bank Trustee/Fiduciary Funds ($157,157,243) continue to be invested in accordance with the Government Code, bond covenants and the Council Investment Policy as adopted on February 17,2009. 8-3 Honorable Mayor and City Council Investment Report Quarter ended 6/30/2009 Page 2 of4 Summary of Cash and Investments as of June 30, 2009 %of Investment Type Par Value Market Value Book Value Portfolio Investment Portfolio Federal Securities 112,000,000 112,206,893 111,998,125 31.62% Pooled Investments 59,193,617 59,300,071 59,193,617 16.71% Corporate Bonds 4,000,000 4,073,540 3,992,960 1.13% Subtotal 175,193,617 175,580,503 175,184,702 48.34% CashfTime Deposits $10,915,520 $10,915,520 $10,915,520 3.08% Total Cash & Investments Held by the City $186,109,137 $186,496,023 $186,100,222 52.55% Held by Bank Trustee/Fiduciary Funds (1) U. S. Government 56,418,464 66,834,948 56,418,464 15.93% Investment Agreements 25,923,019 25,923,019 25,923,019 7.32% Mutual Funds 61,003,967 61,003,967 61,003,967 17.22% Cash with Fiscal Agents 0 0 0 0.00% Restricted Cash 13,811,792 13,811,792 13,811,792 3.90% Total Held by Bank Trustee/Fiduciary Funds $157,157,243 $167,573,726 $157,157,243 44.37% Total Portfolio $354,181,900 $364,985,269 $354,172,985 100.00% (1) Reflects bond proceeds held by trustee In accordance with bond covenants, The graph below provides a snapshot of the portfolio composition by investment type for that portion of the portfolio not held by the bank trustee or in a fiduciary fund, Portfolio Composition as of June 30, 2009 US Government Agency 63.93% Corporate Coupon Bonds 2.28% Portfolio Performance Portfolio performance is provided in more detail in the attachments to the report, The summary information provided below includes the total portfolio income recognized for the last quarter as compared to the prior quarter and the same quarter one year ago. 8~4 Honorable Mayor and City Council Investment Report Quarter ended 6/30/2009 Page 3 of 4 Total Portfolio Income Recognized Accrual Basis Total Portfolio Quarter-End Net Interest Earnings Net Gains (Losses) from Sales Net Total Income Recognized Fiscal Year-to-Date Net Interest Earnings Net Gains (Losses) from Sales Net Total Income Recognized June 30, 2009 -- March 31, 2009 June 30, 2008 $1,201,806 $1,361,958 $2,042,816 $ 24,800 $ 24,938 $ (56,630) $1,226,606 $1,386,896 $1,986,186 $6,044,232 $ 4,839,146 $8,657,954 $ 49,738 $ 24,938 $ 190,093 $6,093,970 $ 4,864,084 $8,848,047 Source: Monthly Sympro "Interest Earnings Summary" reports. Benchmark Comoarison The following graph compares the monthly earned interest yield of the City's Portfolio Fund with the monthly average yields for the same period of the State of California Lo'cal Agency Investment Fund (LAIF) and the two-year and three-year treasury from June 2007 through June 2009. Monthly Benchmark Comparison 6.0% 10% 5.0% 4.0% 3.0% 2.0% . 0.0% Jun-07 Sap-O? Dee-O? Mar-DB Jun-08 Sep-OB Dee-08 I~City ---liJ-LA1F -A-2yrTreasury --i!3-3yrTreasury I Mar-09 Jun-09 8-5 Honorable Mayor and City Council Investment Report Quarter ended 6/30/2009 Page 4 of 4 Per Section 16.1 of the City's Investment Policy, the two-year U.S. Treasury and the Local Agency Investment Fund yields are the performance f~~i~t~ll}%~;~~t,~~~4B~;;Yi8la~;:1~~1tf\t-ADM'~ benchmarks to be used when determining whether City 809 market yields are being achieved. The three-year U.S. LAIF 235 Treasury is added as an additional point of reference in 2 Year Treasury 730 order to provide an upper range that is above the 3 Year Treasu weighted average maturity of the City's portfolio, which is ADM = Avera at 809 days. Investment Activitv During the quarter, fifteen investments totaling $51,000,000 matured/expired or were redeemed. These monies represent pooled cash received from various funding sources such. as sewer, RDA, TOIF, PAD, General Fund, etc. The majority of these funds were reinvested through the purchase of thirteen Federal Agency Securities totaling $43,000,000 using the City's Investment Policy guideline to ensure safety, liquidity and yield. There is no further activity to report on other than routine investments in money market mutual funds by the City's fiscal agents. Conclusion The total cash and investment portfolio as of June 30, 2009 was $186,109,137. This is an increase of approximately $107,834 from March 31, 2009 to June 30, 2009. For the quarter ended June 30, 2009, the earned interest yield was 2.286%, a decrease from the 2.747% reported for the quarter ended March 31, 2009, reflecting reinvestment in a lower interest rate environment and of maturing securities purchased in periods of higher interest rates. The weighted average maturity as of June 30, 2009 was 2.22 years as compared to 2.11 years for the prior quarter. The weighted average maturity remains sufficiently liquid to enable the City to meet all operating requirements that might be reasonably anticipated. Considering the projected timing of cash receipts and disbursements and the structure of the Pooled Investment Portfolio, the City should be able to comfortably meet overall cash flow needs over the next six months. There is no direct fiscal impact by this action. I certify that this report reflects the City of Chula Vista and related agencies pooled investments and is in conformity with the State of Califomia Government Code on authorized investments and with the Investment Policy of the City of Chula Vista as stated in Resolution No. 2009-33 dated February 17, 2009. Respectfully submitted, 4r1~ ~'-'- Maria Kachadoorian Director of FinancelTreasurer 8-6 CITY COUNCIL AGENDA STATEMENT ~ "~"CHULAVISTA AUGUST 11, 2009, Item ITEM TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FOLLOWING CHANGES TO THE AUTHORIZED POSITIONS IN THE ANIMAL CARE FACILITY: RECLASSIFY 2.0 SENIOR ANIMAL CARE ASSISTANTS TO ANIMAL CARE ASSISTANTS, ELIMINATE 0.25 SENIOR OFFICE SPECIALIST, ELIMINATE 0.25 ANIMAL ADOPTION COUNSELOR, ELIMINATE 0.5 OFFICE SPECIALIST, AND ADD 1.0 ANIMAL CARE SUPERVISOR (NO NET CHANGE IN TOTAL STAFFING) B RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ESTABLISHMENT OF THE CLASSIFICATION OF ANIMAL CARE SUPERVISOR ` SUBMITTED BY: INTERIM ANIMAL FACILITY MANAGER -~,'1~ REVIEWED BY: CITY MANAGER ASSISTANT CITY ANAGER ~T 4/STHS VOTE: YES ~ NO SUMMARY hi order to achieve and improve efficiencies at the Animal Care Facility, staff is recommending several staffing changes and the establishment of the classification of Animal Care Supervisor. RECOMMENDATION That the City Council approve the resolutions. 9-1 AUGUST 11, 2009, Item q Page 2 of 4 BOARDS/COMMISSION RECOMMENDATION Not Applicable DISCUSSION On January 5, 2009, City Manager Jim Sandoval introduced a new organizational structure that included reaffirming the establishment of the City's Animal Care Facility as a distinct and sepazate function reporting directly to the City Manager's Office. The City of Chula Vista has been involved in animal control since 1923. The Animal Caze Services team provides animal control and sheltering services for the cities of Chula Vista, Imperial Beach, and Lemon Grove, as well as animal sheltering services for National City. CVACF is open to the public Tuesdays from 10:00 am to 7:00 pm and Wednesday through Friday 10:00 am to 5:00 pm, Saturday From 10:00 am to 4:00 pm and closed on Sundays and Mondays. Over 8,000 homeless animals come to the CVACF every calendar year. The diagram below provides an overview of the flow and potential paths for each animal that arrives at the CVACF. FLOW DIAGRAM INTAKE OPTIONS Over-The Counter Strays/Surrenders y Abandoned at the Facility ~ Field Stray/Confscation/Surrender If Irremediably Suffering, i..,_Euthanasia._....._..... _. .......... Police Drop-Off SHELTER PLACEMENT OPTIONS POTENTIAL OUTCOME; Kennels/Cattery ~ Feral Cat ~~ Adoption or Rescue or Receiving ~ Isolation _~ Transferor Euthanasia Medical Foster 9-2 AUGUST 11, 2009, Item q Page 3 of 4 The Animal Care Facility is composed of the following five divisions all under the oversight of an Animal Care Facility Manager: • Customer Service ^ Field Operations and Dispatch Shelter Operations Adoption/Volunteer Services • Veterinazy/Medical Services Each of the divisions mentioned have a direct supervisor that line staff report to except for the Shelter Operations. This division is responsible for the maintenance and daily operations of the dog kennels, cattery, isolation room, and rabbit gazebo. In an effort to streamline operations and improve efficiencies, staff is recommending the following staffing changes: ^ Reclassify 2.0 Senior Animal Caze Assistants to Animal Care Assistants Eliminate 0.25 Senior Office Specialist ^ Eliminate 0.25 Animal Adoption Counselor • Eliminate 0.5 Office Specialist, and • Add 1.0 Animal Care Supervisor. The Animal Care Supervisor will provide direct supervision of the Shelter Operations division. There are sufficient savings generated from the reclassification of the Senior Animal Caze Assistant positions and the elimination of the equivalent of one position to offset the cost of adding an Animal Care Supervisor. The department has worked with the Human Resources Departrnent to determine the appropriate classification and compensation for the new Animal Care Supervisor position. The new classification, bazgaining group and E-Step biweekly salary is included in the table below: Animal Care Supervisor ~ CVEA 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)(I) is not applicable to this decision. 9-3 AUGUST 11, 2009, Item Page 4 of 4 CURRENT YEAR FISCAL IMPACT Approval of the resolutions results in no net impact to the General Fund, the proposed downgrading of 2.0 positions and elimination of 1.0 FTE generate sufficient savings to offset the cost of adding 1.0 Animal Caze Supervisor. There is no fiscal impact resulting from amending the Compensation Schedule and Classification Plan to establish the classification of Animal Caze Supervisor. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the General Fund resulting from approval of these resolutions as sufficient savings have been identified to offset the cost of these staffing changes. Prepared 6y: Marrya G. Anton, Interim Animal Care Facility Manager, Animal Care Facility 9-4 RESOLUTroN No. ?009- RESOLUTION OF THE C[TY COUNCIL OF THE CITY OF CHULA VTSTA APPROVING THE FOLLOWING CHANGES TO THE AUTHORIZED POSITIONS IN THE ANIMAL CARE FACILITY: RECLASS~Y 2.0 SENIOR ANIMAL CARE ASSISTANTS TO ANIMAL CARE ASSISTANTS, ELIMINATE 0.25 SENIOR OFFICE SPECIALIST, ELIMINATE 025 ANIMAL ADOPTION COUNSELOR, ELIMINATE 0.5 OFFICE SPECIALIST, AND ADD 1.0 ANIMAL CARE SUPERVISOR (NO NET CHANGE IN TOTAL STAFFING) WHEREAS, on January 5, ?009, City Manager Jim Sandoval introduced a new organizational stnicture that included reaffirming the establishment of the City's Animal Care Facility as a distinct and separate function reporting directly to the City Manager's Office; and WHEREAS, the Animal Care Services team provides animal control and sheltering services For the cities of Chula Vista, Imperial Beach, and Lemon Grove, as well as animal sheltering services for National City; and WHEREAS, over 8,000 homeless animals come to the CVACF every calendar year, and WHEREAS, the Animal Care Facility is composed of the following five divisions all under the oversight of an Animal Care Facility Manager. 1) Customer Service, 2) Field Operations and Dispatdl, 3) Shelter Operations, 4) Adoption/Vohmteer Services and 5) Veterinary/Medical Services; and WHEREAS, each of the divisions mentioned have a direct supervisor that line staff report to except for the Shelter Operations; and WHEREAS, this division is responsible for the maintenance and daily operations of the do~~ I:ennels. catteiy, isolation room, and rabbit gazebo; and WHEREAS, in an effort to streamline operations and improve efficiencies, staff is recommending the following staffing changes: 1) Reclassify 2.0 Senior Animal Care Assistants to Animal Care Assistants; 2) Eliminate 025 Senior Office Specialist; 3) Eliminate 025 Animal Adoption Counselor; 4) Eliminate 0.5 Office Specialist, and 5) Add 1.0 Animal Care Supervisor; and WHEREAS, the Animal Care Supervisor will provide direct supervision of the Shelter Operations division; and 9-5 WHEREAS, there are sufticient savings generated from the reclassification of the Senior Animal Care Assistant positions and the elimination of the equivalent of one position to offset the cost of adding an Animal Care Supervisor; and WHEREAS, the department has worked with the Human Resources Deparlluent to determine the appropriate classification and compensation for the new Animal Care Supervisor position; and WHEREAS, the new classification, bargaining pt-oup and E-Step biweekly salary is as follows: Proposed Title: Animal Care Supervisor; Bargaining Group: CVEA; E-Step Salary (biweeldy): $2,060.42; and, NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the following changes to the authorized positions in the Animal Care Facility: reclassify 2.0 senior animal care assistants to animal care assistants, eliminate 0.25 senior office specialist, eliminate 0.25 animal adoption counselor, eliminate 0.5 office specialist and add 1.0 animal care supervisor. Presented by Nlariya Anton Interim Animal Care Facility Manager Approved as to form by C_----C.- ~~-. Bart C. Miesfeld City Attorney 1 ~u. 00.1'A~l idlVlR,V. SI RVI(E,ti ,AppnmlcJ PuNiuu NC,n Ju. 7 9-6 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ESTABLISHMENT OF THE CLASSIFICATION OF ANIMAL CARE SUPERVISOR WHEREAS, o^ January 5, 2009, City Manager Jim Sandoval introduced a new organizational structure that included reaffirming the establishment of the City's Animal Care Facility as a distinct and separate fimetion reporting directly to the City Manager's Office; and WHEREAS, the Animal Care Services team provides animal control and sheltering services for the cities of Chula Vista, Imperial Beach, and Lemon Grove, as well as animal sheltering services for National City; and WHEREAS, over 8,000 homeless animals come to the CVACF every calendar year; and WHEREAS, the Animal Care Facility is composed of the following five divisions all under the oversight of an Animal Care Facility Manager. 1) Customer Service, 2) Field Operations and Dispatch, 3) Shelter Operations, 4) Adoption/Volunteer Services and 5) Veterinary/Medical Services; and WHEREAS. each of the divisions mentioned have a direct supervisor that line staff report to e.ecept for the Shelter Operations; and WHEREAS, this division is responsible for the maintenance and daily operations of the dog kennels, cattery, isolation room, and rabbit gazebo; and WHEREAS, in an effort to streamline operations and improve efficiencies, staff is recommending the following staffing changes: O Reclassify 2.0 Senior Animal Care Assistants to Animal Care Assistants; 2) Eliminate 0 25 Senior Office Specialist; 3) Eliminate 025 Animal Adoption Counselor; 4) Eliminate 0.5 Office Specialist, and 5) Add 1.0 Animal Care Supervisor; and WHEREAS, the Animal Care Supervisor will provide direct supervision of the Shelter Operations division; and WHEREAS, there are sufficient savings generated from the reclassification of the Senior Animal Care Assistant positions mid the elimination of the equivalent of one position to oftscC the cost of adding an Animal Care Supervisor; and 9-7 WHEREAS, the department has worked with the Human Resources Department to determine the appropriate classification and compensation for the new Animal Care Supervisor position; and WHE[2EAS, the new classification, bargaining group and E-Step biweekly salary is as follows: Proposed Title: Animal Care Supervisor; Bargaining Group: CVEA; E-Step Salary (biweely): $2,060.42; and, NOW, THEREFORE, BE lT RESOLVED that the City Council does hereby approve amending the compensation schedule and classification plan to reflect the establishment of the classification of animal care supervisor. Presented by Mariya Anton Interim Animal Care Facility Manager Approved as to form by ~~ Bart C. Miesfeld City Attorney J dunnn+~ItliUYlE~EItALtif-:RVI(ES TppnnncJ R~~~imm Merv dnc 2 9-8 ,."..". CITY COUNCIL AGENDA STATEMENT ~\ft,.. CITYOF - . · ... (HULA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: AUGUST II, 20091tem~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE SAN DIEGO URBAN AREA REGIONAL CAD INTEROPERABILITY PROJECT EXECUTIVE COMMITTEE FOR THE DEVELOPMENT OF AND IMPLEMENTATION OF INTEROPERABLE COMMUNICATIONS CAPABILITIES AMONG PUBLIC SAFETY AGENCIES FIRE CHIEF [)vA CITY MANAGER "fPr 4/STHS VOTE: YES D NO 0 SUMMARY Approval of a Memorandum of Understanding with the San Diego Urban Area Regional CAD Interoperability Project Executive Committee is requested for the development of and implementation of interoperable communications capabilities among public safety agencies. This project will improve emergency response delivery among participating regional agencies by expanding communication and data sharing capabilities. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed actlVlty 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 because it does not involve a physical change to the environment; 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.' RECOMMENDATION That Council adopts the resolution BOARDS/COMMISSION RECOMMENDA nON Not Applicable 10-1 AUGUST II, 2009 Item~ Page 2 of3 DISCUSSION The City of Chula Vista receives Urban Area Security Initiative (UASI) and State Homeland Security Grant Program (SHSGP) funding and is considered part of the San Diego Urban Area (SDUA) by the Federal Department of Homeland Security. This allows the City to participate in grant-funded activities that are intended to prepare the City and region to respond to all types of hazards. One such activity is the Regional Computer-Aided-Dispatch Interoperability Project (RCIP). The estimated cost of this project is $2.9 million and will be funded by a combination of UASI and San Diego Police Foundation grant funds. The estimated timeframe for this project for development and implementation is three years. The purpose of the RCIP is to connect all of the SDUA fire and law enforcement emergency dispatch centers and their existing CAD systems through a network of specialized computers and custom software packages. This specialized equipment and custom software will allow agencies to share assets in separate computer aided dispatch systems. Once completed, this project will allow responding units from ditTerent agencies to have the ability to send and receive call information and Geographic Information Systems (GIS) information for locating calls in any jurisdiction. Responding units in these jurisdictions will also be able to see one another as they converge on an emergency, lending a measure of increased safety and accountability that has not been previously available. The sharing of this data greatly enhances the ability of any participating agency to obtain heightened Situational Awareness during major events. The City of Vista, acting as the administrative agent for the RCIP, released a Request for Proposals (RFP) and organized the process to select a vendor for the RCIP. Thinkstream Incorporated was selected as the lowest responsible bidder and will provide professional services for the RCIP for this project per the RFP. The SDUA negotiated a Private- Public Partnership Agreement with Thinkstream, Inc. that provides for revenue sharing with SDUA participating agencies from the sales of software and other applications developed as part of the RCIP. The SDUA RCIP solution is a regional resource that will be shared by law enforcement, fire rescue and medical response operations, and units located within the SDUA. A Memorandum of Understanding (MOU) is necessary for establishing the governance structure of the SDUA RCIP program, as this project will be a shared resource among participating agencies. The MOU for the RCIP creates a binding agreement for participation in the RCIP along with maintenance and sustenance after the system has been in operation for three years. The Parties intend to utilize the governance structure outlined in this MOU for the implementation and operation of the RCIP solution. The RCIP program will be governed by a nine member Executive Committee consisting of representatives from various public safety agencies. The MOU also establishes a Steering Committee (comprised 'of seven representatives) to provide project management and oversight of the RCIP and recommendations to the Executive Committee. The MOU shall remain in effect for ten years. However, any party to the MOU may withdraw by providing ninety days written notice with no financial penalty. 10-2 AUGUST II, 2009 Item~ Page 3 of 3 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)(I) is not applicable to this decision. CURRENT YEAR FISCAL IMP ACT There is no current fiscal year impact for approval of this MOU. RCIP costs will be funded with grant revenues. ONGOING FISCAL IMPACT There is no future fiscal impact projected at this time. ATTACHMENTS A) Memorandum of Understanding for the San Diego Urban Area Regional Computer- Aided-Dispatch lnteroperability Project (RCIP) Prepared by: PabloQuilantan, Administrative Services Manager, Fire Department 10-3 Attachment A IvlEMORANDUM OF UNDERSTANDING FOR THE SAN DIEGO URBAN AREA REGIONAL COMPUTER-AIDED-DISPATCH INTEROPERABILITY PROJECT (RCIP) Effective as of the day and year last written on the signature page of this document (the "Effective Date"), this Memorandum of Understanding ("MOU") provides for the collaborative development, implementation, and management of Regional Computer-Aided-Dispatch ("RCIP") capabilities by and among the parties described in the attached Exhibit "A" (herein individually referred to as a "Party" and collectively referred to as the "Parties") . L SCOPE The scope of the Regional Computer-Aided-Dispatch Interoperability Project is to provide for the collaborative development and implementation of interoperable communications capabilities among public safety agencies throughout the cities and unincorporated areas of San Diego County (the San Diego Urban Area). The RCIP enables collaboration, situational awareness and timely distribution of critical incident information by providing a method for fire rescue, medical and law enforcement CAD systems to manage and share data and resources during response incidents that affect the region. The RCIP has been designed for secure transport of real time public safety information. The RCIP provides an organized method of coordinating regional public safety resources (law enforcement, fire, medical) to reduce response time, increase personnel efficiency and increase resource management to and from regional dispatch centers, and the field. It is recognized that each of the Parties has and will maintain its own Computer-Aided-Dispatch capabilities beyond the RCIP solution. II. PURPOSE AND INTENT The purpose and intent of this MOU is to define the governance structure of the SDUA RClP Program. The Parties hereto agree to work together in a cooperative manner that benefits regional public safety and emergency services, and ensures optimal communication, coordination and information sharing in all appropriate instances, among all appropriate entities. The Parties intend to utilize the governance structure outlined in this MOU for the implementation and operation of the RCIP solution. This document sets forth the rights and responsibilities of the Parties for participation in the SDUA RCIP Program. The Parties agree as follows: IlL POLICY The SDUA RCIP solution is a regional resource that is shared by law enforcement, fire rescue and medical response operations and units located within the SDUA. The use of the RCIP solution shall be at the discretion of the Parties and in accordance with operational policies adopted by the governing body. Use of the RCIP solution should be considered during the planning phase for all large pre-planned regional exercises or events and incorporated into any written operations plans. IV. GOVERNANCE STRUCTURE A. EXECUTIVE COMMITTEE. The SDUA RCIP Program shall be governed by a nine member Executive Committee ("EC"). The EC shall be responsible for the overall administration and direction of the RCIP Program through interaction with the Steering Committee (as defined Page 1 6/29/2009 10-4 below). The Ee's duties and responsibilities shall include determination of the program's vision and scope, establishing priorities, acting as a program advocate, establishing program funding, and overseeing the Steering Committee. The EC shall meet no less than once a year. 1. Organization. The following nine representatives, or their designees, in their duties as designated by the RTP, shall act as the Executive Committee: San Diego County Police Chiefs and Sheriffs Association Representative San Diego County Fire Chiefs Association Representative San Diego County Office of Emergency Services Director City of San Diego Office of Homeland Security Program Manager San Diego Regional Technology Center Director City of San Diego Chief of Police City of San Diego Fire Chief San Diego County Sheriffs Office San Diego Fire District Association Representative 2. Rules and Regulations. The EC may adopt bylaws, rules, or regulations as may be required for the conduct of its meetings and the orderly operation of the SDUA RCIP Program. Further the EC shall comply with Government Code Section 54950 et seq. (commonly referred to as the Brown Act.) 3. Quorum and Voting. The City of San Diego Office of Homeland Security, as the SDUA RCIP Fund Coordinator, must have a representative present, and a minimum of four (4) additional board members must be present in order for the EC to have a quorum to vote and transact business. Each member shall have one vote. Actions of the EC shall be approved by a majority vote of members present at a meeting where a quorum exists and a representative of the City of San Diego Office of Homeland Security is present. B. STEERING COMMITTEE. The SDUA RCIP Program shall be regionally coordinated by a Steering Committee. The Steering Committee's duties and responsibilities shall include: project management and oversight, establishing and monitoring all RCIP subcommittees, development of the operational procedures, participation in the selection of consultants or contractors, development and implementation of the process and procedures for the use of the RCIP solution, resolution of project differences of opinion and grievances, and approval of each aspect of project development and implementation. Steering Committee recommendations shall be presented to the EC for final approval. The Steering Committee shall meet no less than once every three months. 1. Organization. The SDUA RCIP Steering Committee shall be comprised of seven positions. One representative from Fire, one representative from Law Enforcement, one representative from the City of San Diego Office of Homeland Security, two representatives from Fire/EMS dispatch agencies and two representatives from Law Enforcement dispatch centers. Additional representatives may be added upon approval of the Executive Committee. 2. Quorum and Voting. A quorum for the conduct of the Steering Committee business shall exist when a majority of the Steering Committee members or their alternates are Page 2 6/29/2009 10-5 present. Each member of the Steering Committee or their alternate shall have one vote. When a committee member and their alternate are both present, only the committee member shall vote. Actions of the Steering Committee shall be approved by a majority vote of members present at a meeting where a quorum exists. C. RCIP PROJECT MANAGER. The RCIP Project Manager shall be selected and report to the Executive Committee. The RCIP Project Manager, after consulting with the Steering Committee, shall be responsible for the selection of other project technical consultants, formation of the project working team from the participating agencies, specifications and preparation of any grant proposals, and for primary vendor selection screening and recommendation. The RCIP Project Manager shall report to the EC and shall serve as the Chair of the Steering Committee. The RClP Project Manager shall coordinate with the Fund Coordinators for all contractual and grant administration issues. D. FUND COORDINATORS. Fund Coordinators from the City of San Diego, County of San Diego, and other Parties managing RCIP grant or revenue funds shall be responsible for administration, coordination, fiscal integrity, record maintenance, and other administrative duties as associated with RClP grant and revenue funds. The Fund Coordinator(s) shall be an employee of the agency managing the grant/revenue and shall coordinate with the RCIP Project Manager. E. SDUA TECHNICAL GROUP. The CAD Technical Manager and/or designee from each of the participating Dispatch Centers shall form the RCIP Technical Group. This group shall be responsible for the coordinating installation and maintenance activities for the use of the RCIP solution. The Technical Group shall report to. the RCIP EC and coordinate closely with the Steering Committee. F. SUBCOMMITTEES. The Steering Committee shall establish and manage subcommittees as necessary to ensure effective operation, participation and communication for the SDUA RCIP Program. The Steering Committee shall appoint a chair for each subcommittee. Members of any subcommittees (other than the chair) are not required to be members of the Steering Committee. The subcommittee chairs shall, at each meeting of the Steering Committee, report to the Steering Committee Subcommittee progress and issues. V. OWNERSHIP AND MAINTENANCE OF EQUIPMENT A. TITLE. Title to equipment acquired with Federal funds will vest with the SDUA via the Unified Disaster Council (UDC) upon acquisition and is subject to the obligations and conditions set forth in 28 CFR Part 66 for State and local units of government. B. USE. Recipients shall use equipment in accordance with the following requirements: I. Equipment must be used by the recipient in the program or project for which it was acquired as long as needed, .whether or not the project or program continues to be supported by Federal funds. When no longer needed for the original program project, the equipment may be used in other activities currently or previously supported by a Federal agency. 2. The recipient shall also make equipment available for use on other projects or programs currently or previously supported by the Federal Government, provided such use does not interfere with the work on the projects or programs for which it was Page 3 6(29(2009 10-6 originally acquired. First preference for other use shall be given to other programs or projects supported by the awarding agency. 3. The recipient shall not use equipment acquired with funds to provide serviq's for a fee to compete unfairly with private companies that provide equivalent services, unless specifically permitted, or contemplated by Federal statute. C. MANAGEMENT. Recipient procedures for maintaining equipment (including replacement), will meet the following requirements: i. Equipment inventory Logs will be provided by the City of San Diego Office of Homeland Security (SDOHS). Property records must be maintained which include: a) Serial number or other identification number; b) Source of the property; c) identification of title holder; d) Acquisition date; e) Cost of property; f) Percentage of Federal participation in the cost of the property; g) Location of property; h) Use and condition of the property; i) Disposition data, including the date of disposal; and 2. A physical inventory of the property must be taken and the results reconciled with the property records once a year. 3. Property records and updates must be provided to SDOHS. 4. Property must be made available for viewing during a monitoring visit or audit. 5. A control systems must exist to ensure adequate safeguards to prevent: a) Loss; b) Damage; or c) Theft of the property Any loss, damage, or theft shall be investigated by the recipient, as appropriate. 6. Adequate maintenance procedures must exist to keep the property in good condition. D. DISPOSITION. Recipient shall notify the City of San Diego Office of Homeland Security (SDOHS) when property requires disposal or is no longer needed for the original project or program, or for other activities currently or previously supported by a Federal agency. Recipient must receive approval from SDOHS before any disposal or transfer can.occur. E. EQUIPMENT IDENTIFICATION. All equipment purchased with grant funding must be identified: i. Recipient shall affix an assigned numbered identification tag, provided by 'SDOHS, to all equipment valued at $5000 or more. Page 4 6/29/2009 10-7 2. Recipient shall prominently affix an identification tag provided by SDOHS that states: "Purchased with funds provided by the u.s. Department of Homeland Security. " to all equipment regardless of its value. VI. SDUA RCIP COOPERATION IN PROFESSIONAL SERVICES AGREEMENT The City of Vista was delegated by the SDUA to contract with Thinkstream to develop the RCIP solution on behalf of the SDUA parties. The parties agree to cooperate with Thinkstream in the performance of the Professional Services Agreement and by signing this MOU agree to participate in any mutual defense in any action filed by Thinkstream against the City of Vista alleging a breach of contract or related cause of action arising out of the performance of the Professional Services Agreement, excepting any breach or related cause of action due to Vista's sole negligence or willful misconduct. VII. SDUA RCIP ONGOING OPERATING COSTS The cost of the ongoing operations and maintenance of the SDUA RCIP shall be allocated to each partiCipating agency deriving benefit from the project on an annual basis. For the initial term and any extension of the Professional Services Agreement, Thinkstream shall bear the cost of maintenance out of any funds realized from the Private-Public Partnership agreement in accordance with the Addendum to the PSA. Any costs for operations shall be allocated and shared equally among the participating Dispatch Centers connected to the RCIP. Monies reimbursed to the SDUA through the PPP Agreement over that amount paid to Thinkstream for maintenance shall be allocated to this purpose and deducted from the total per agency cost. Any 'Annual Contract Revenue' funds not expended for this purpose shall be handled as directed by the EC. Such costs shall be distributed as follows: A. Operations and Maintenance costs, if any, for each year shall be divided equally among the agencies listed under Section I.6a of the Professional Services Contract. Only those agencies connected' to and receiving benefit from the SDUA RCIP (as determined by the EC) shall be responsible for payment of these costs. B. The City of San Diego Office of Homeland Security shall be reimbursed for certain administrative costs involved in the direct administration of any grant or grants received for the RCIP project, as agreed to by the EC. These accepted administrative costs shall be the first and primary use of any "Annual Contract Revenue" derived from the Public-Private Partnership Agreement. C. The City of San Diego Office of Homeland Security shall provide to each of the agencies an invoice for the distributed costs within thirty (30) days of receipt of the Maintenance Cost Invoice. D. Each participating agency receiving such an invoice shall render the full amount of the invoice to the City of San Diego Office of Homeland Security at the address listed in Section VIII of this agreement with expediency. E. Any agency contesting the appropriateness or details of the charges shall submit their concerns in writing to the SDOHS SDUA RCIP Coordinator, who shall in turn notify the EC of the concerns. The EC shall have final determination on the validity of the charges. Page 5 6/29/2009 10-8 VIII. OBLIGATIONS AND RESPONSIBILITIES OF PARTICIPATING DISPATCH CENTERS There are certain and specific costs that will remain the responsibility of each of the participating Dispatch Centers, unless otherwise noted in Section VI. These costs are known at this time to be: A. Connectivity costs. Each agency is responsible for the purchase, installation and sustainment costs of one "data line" as required by the SDUA RCIP vendor. B: Security Equipment. Each agency is responsible for the purchase, installation and sustainment costs of any data security device required by their CAD, Information Technology/Services regulations or by their agency. C. RCIP Maintenance or Performance Fee. As required in Section 2.6 of the Professional Services Agreement, an annual fee will be assessed by the vendor, beginning in Year 3 of the RCIP project. This annual charge for the maintenance of the project will be $20,000 per year, per Dispatch Center connection and shall be paid out of funds received, if any under the Private-Public Partnership As outlined in Section VI.A above, it is the intention of this MOU to utilize any Annual Contract Revenue to cover these costs or portions thereof on behalf of each participating Dispatch Center. D. Participation and Support. The SDUA RCIP participating agencies (as defined in the RCIP Professional Services Contract) agree to participate in any and all programs and events detailed in Sections 5 and 6 of the SDUA RCIP Public-Private Partnership Agreement (PPP), or as determined by the EC. Such participation is limited to the programs and events contained within said sections unless otherwise agreed upon by the parties involved; however, all SDUA RCIP participating agencies acknowledge the importance of participation by all entities in this program. In the event of a disagreement by any party as to the meaning and intent of "participation," the EC shall render the determinant binding decision. IX. ADDITIONAL PARTIES Additional entities providing public safety dispatch services may become a party to this MOU upon a majority vote of the SDUA RCIP Executive Committee and by executing a signed Agreement in which the entity agrees to accept the terms of this MOU. X. NOTICE Any notice, demand, complaint, request, or other submission under this MOU shall be in writing and shall be sent either by US Mail, Certified, return receipt requested, or by personal delivery, to the SDUA RCIP Executive Committee in care of the UAS! grant coordinator at: City of San Diego Office of Homeland Security Attn: SDUA RCIP Coordinator 202 C Street, MS SIOH San Diego, CA 9210 I Page 6 6/29/2009 10-9 XI. AMENDMENTS This MOU may only be amended or modified by a unanimous vote of the Parties to the MOU. XII. COUNTERPARTS This agreement may be executed in any number of separate counterparts and by each of the Parties in separate counterparts, each counterpart constituting an original, and all such counterparts constituting but one and the same agreement. XHI. GOVERNING LA W This MOU shall be governed by and construed according to the laws of California. XIV. COMPLIANCE WITH LAWS In exercising their rights under this MOU" the Parties shall fully comply in all material respects with the requirements of any and all applicable laws, regulations, rules and orders of any governmental body having jurisdiction over the exercise of rights under this Agreement. XV. EFFECTIVE DATE AND TERMINATION A. This MOU shall become effective upon its execution by all Parties and, unless otherwise mutually agreed to in writing by the Parties shall remain in effect for ten (10) years unless extended by mutual agreement and' amendment or replaced by a permanent governance structure. B. Any Party to this MOU may withdraw by providing ninety (90) days written notice. Notice of termination shall be sent or otherwise delivered to the Executive Committee at the address listed in Section VIII. C. This MOU shall terminate immediately in the event of a loss of funding necessary to carry out the purposes of this MOU, or disapproval by a federal administrative agency, or if it is determined by the Executive Committee or by a legal authority having jurisdiction that the MOU or the SDUA RCIP violates any Federal or State laws, rules or regulations. In the event termination is pursuant to this provision, a notice specifying the reasons for termination shall be sent by the Executive Committee to all Parties to the MOU as soon as possible after the termination in accordance with the procedures set forth herein. D. This MOU may not be terminated at the convenience of any Party if the performance under this MOU is compelled by State,or Federal Statute or Executive Order. E. As of the effective date of this MOU, none of the parties to this agreement is aware of any State or Federal Statute or Executive Order that compels' any party to continue performance under this MOU or compels any party not to terminate for any reason. XVI. EFFECTS OF WITHDRAWAL AND TERMINATION Page 7 6/29/2009 10-10 A. Upon withdrawal by any Party from this MOU, the Party withdrawing from participation in the MOU shall return all end user equipment funded by RCIP grant awards for reallocation. B. Parties hosting network infrastructure in their facility that withdraw from this MOU agree to continue to allow operation of the equipment, including access to the facility, for the term of the MOU provided the remaining parties agree to assume all costs associated with operation of the SDUA RCIP equipment in the facility including, but not limited to, utilities, lease costs, licenses, and equipment maintenance. The remaining parties to this agreement also agree to assume all terms and obligations of existing permits, licenses, and lease agreements; to operate and maintain the equipment in a manner that is consistent with any existing permits, regulations, or agreements; and agree to indemnify the withdrawing party from liabilities associated with accessing the facility and operating the RCIP equipment. C. Upon termination of this MOU, the Executive Committee shall determine by majority vote'how to distribute any undi,stributed grant funds and equipment, subject to the rules associated with the grant award. SDUA RCIP Executive Committee San Diego County Police Chiefs and Sheriffs Association By: Thomas Zoll Date San Diego County Fire Chiefs Association By: David Ou Date San Diego County Office of Emergency Services By: Ron Lane Date City of San Diego Office of Homeland Security Program Manager By: Donna Faller Date San Diego Regional Technology Center Director By: Bob Welty Date Page e 6/29/2009 10-11 City of San Diego Police Department By: David Ramirez City of San Diego Fire Department By: Tracy Jarman San Diego County Sheriffs Department By: Date Date William Kolender San Diego County Fire Districts Association By: Augie Ghio Page 9 10-12 Date Date 6/29/2009 IN WITNESS WHEREOF, this Memorandum of Understanding is entered into by the San Diego Urban Area Regional CAD Interoperability Project Executive Committee and the e/7'( 0,," C"-/<-<..4 (/IS 74 by and through their authorized representatives. Agency: Vl/l JlA.! A G E R. By: Title: I HEREBY APPROVE the form of the foregoing Memorandum of Understanding this ~J/ .-zo' day of -rut V ,200/" Attorney for: elf'! of {'(fucA uf~ (Ii By: ~ ~//" : Title: DYvf1 C(7'f /lf70ft........Pr Page 10 6/29/2009 10-13 Exhibit A Parties to the agreement I. San Diego County 2. City of Carls bad 3. City of Chula Vista 4. . City of Coronado 5. City of Del Mar 6. City ofEI Cajon 7. City of Encinitas 8. City of Escondida 9. City of Imperial Beach 10. City of La Mesa II. City of Lemon Grove 12. City of National City 13. City of Oceanside 14. City of Poway 15. City of San Diego '16. City of San Marcos 17. City of Santee 18. City of Solana Beach 19. City of Vista 20. Marine Corps Base, Camp Pendleton 21. CAL-FlRE San Diego Unit Page 11 6/29/2009 . 10-14 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE SAN DIEGO URBAN AREA REGIONAL CAD INTEROPERABILITY PROJECT EXECUTIVE COMMITTEE FOR THE DEVELOPMENT OF AND IMPLEMENTATION OF INTEROPERABLE COMMUNICATIONS CAPABILITIES AMONG PUBLIC SAFETY AGENCIES WHEREAS, the City of Chula Vista receives Urban Area Security Initiative (UASI) and State Homeland Security Grant Program (SHSGP) funding and is considered part of the San Diego Urban Area (SDUA) by the Federal Department of Homeland Security; and WHEREAS, this allows the City to participate in grant-funded activities that are intended to prepare the City and region to respond to all types of hazards; and WHE~AS, one such activity is the Regional Computer-Aided-Dispatch Interoperability Project (RCIP); and WHEREAS, the purpose of the RCIP is to connect all of the SDUA fire and law enforcement emergency dispatch centers and their existing CAD systems through a network of specialized computers and custom software packages; and WHEREAS, the City of Chula Vista will benefit from its participation in this project by improving its emergency services delivery and first responder safety; and . WHEREAS, there is no fiscal impact to the City for this project as it will be funded with UASI and San Diego Police Foundation grant revenues; and WHEREAS, A Memorandum of Understanding (MOU) is necessary for establishing the governance structure of the SDUA RCIP program, as this project will be a shared resource among participating agencies; and WHEREAS, Approval of the MOU between the City of Chula Vista and the San Diego Urban Area (SDUA) Regional CAD Interoperability Project (RCIP) is necessary to ensure the City ofChula Vista's participation in this project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize the Mayor to execute the Memorandum of Understanding with the San Diego Urban Area Regional Cad Interoperability Project Executive Committee for the development of and implementation of interoperable communications capabilities among public safety agencies. 10-15 Presented by Approved as to form by ~VN\ . Dave Hanneman Fire Chief ~0&--- Bart C. Miesfeld City Attorney H:shared/attomey/Fire - SDUA ReIP 10-16 THE A TT ACHED AGREEl\1ENT HAS BEEN REVIE WED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FOR1\.1ALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL ~ ~ //"-...;- /- L c(::/' j;> 'fA "7''-1 Bart C. Miesfeld City Attorney Dated: g - -; ~ 0 '1 Memorandum of Understanding For the San Diego Urban Area Regional Computer-Aided Dispatch Interoperability Project (RCIP) 10-17 Attachment A MEMORANDUM OF UNDERSTANDING FOR THE SAN DIEGO URBAN AREA REGIONAL COMPUTER-AIDED-DISPATCH INTER OPERABILITY PROJECT (RCIP) Effective as of the day and year last written on the signature page of this document (the "Effective Date"), this Memorandum of Understanding ("MOU") provides for the collaborative development, implementation, and management of Regional Computer-Aid ed-Dispatch ("RCIP") capabilities by and among the parties described in the attached Exhibit "A" (herein individually referred to as a "Party" and collectively referred to as the "Parties") . I. SCOPE The scope of the Regional Computer-Aided-Dispatch Interoperability Project is to provide for the collaborative development and implementation of interoperable communications capabilities among public safety agencies throughout the cities and unincorporated areas of San Diego County (the San Diego Urban Area). The RCIP enables collaboration, situational awareness and timely distribution of critical incident information by providing a method for fire rescue, medical and law enforcement CAD systems to manage and share data and resources during response incidents that affect the region. The RCIP has been designed for secure transport of real time public safety information. The RCIP provides an organized method of coordinating regional public safety resources (law enforcement, fire, medical) to reduce response time, increase personnel efficiency and increase resource management to and from regional dispatch centers, and the field. It is recognized that each of the Parties has and will maintain its own Computer-Aided-Dispatch capabilities beyond the RCIP solution. II. PURPOSE AND INTENT The purpose and intent of this MOU is to define the governance structure of the SDUA RCIP Program. The Parties hereto agree to work together in a cooperative manner that benefits regional public safety and emergency services, and ensures optimal communication, coordination and information sharing in all appropriate instances, among all appropriate entities. The Parties intend to utilize the governance structure outlined in this MOU for the implementation and operation of the RCIP solution. This document sets forth the rights and responsibilities of the Parties for participation in the SDUA RCIP Program. The Parties agree as follows: Ill. POLICY The SDUA RCfP solution is a regional resource that is shared by law enforcement, fire rescue and medical response operations and units located within the SDUA. The use of the RCIP solution shall be at the discretion of the Parties and in accordance with operational policies adopted by the governing body. Use of the RCIP solution should be considered during the planning phase for all large pre-planned regional exercises or events and incorporated into any written operations plans. IV. GOVERNANCE STRUCTURE A. EXECUTIVE COMMITTEE. The SDUA RCIP Program shall be governed by a nine member Executive Committee ("EC"). The EC shall be responsible for the overall administration and direction of the RCIP Program through interaction with the Steering Committee (as defined Page 1 6/29/2009 10-18 below). The EC's duties and responsibilities shall include determination of the program's vision and scope, establishing priorities, acting as a program advocate, establishing program funding, and overseeing the Steering Committee. The EC shall meet no less than once a year. I. Organization. The following nine representatives, or their designees, in their duties as designated by the RTP, shall act as the Executive Committee: San Diego County Police Chiefs and Sheriffs Association Representative San Diego County Fire Chiefs Association Representative San Diego County Office of Emergency Services Director City of San Diego Office of Homeland Security Program Manager San Diego Regional Technology Center Director City of San Diego Chief of Police City of San Diego Fire Chief San Diego County Sheriffs Office San Diego Fire District Association Representative 2. Rules and Regulations. The EC may adopt bylaws, rules, or regulations as may be required for the conduct of its meetings and the orderly operation of the SDUA RCIP Program. Further the EC shall comply with Government Code Section 54950 et seq. (commonly referred to as the Brown Act.) 3. Quorum and Voting. The City of San Diego Office of Homeland Security, as the SDUA RCIP Fund Coordinator, must have a representative present, and a minimum of four (4) additional board members must be present in order for the EC to have a quorum to vote and transact business. Each member shall have one vote. Actions of the EC shall be approved by a majority vote of members present at a meeting where a quorum exists and a representative of the City of San Diego Office of Homeland Security is present. B. STEERING COMMITTEE. The SDUA RCIP Program shall be regionally coordinated by a Steering Committee. The Steering Committee's duties and responsibilities shall include: project management and oversight, establishing and monitoring all RCIP subcommittees, development of the operational procedures, participation in the selection of consultants or contractors, development and implementation of the process and procedures for the use of the RCIP solution, resolution of project differences of opinion and grievances, and approval of each aspect of project development and implementation. Steering Committee recommendations shall be presented to the EC for final approval. The Steering Committee shall meet no less than once every three months. I. Organization. The SDUA RCIP Steering Committee shall be comprised of seven positions. One representative from Fire, one representative from Law Enforcement, one representative from the City of San Diego Office of Homeland Security, two representatives from Fire/EMS dispatch agencies and two representatives from Law Enforcement dispatch centers. Additional representatives may be added upon approval of the Executive Committee. 2. Quorum and Voting. A quorum for the conduct of the Steering Committee business shall exist when a majority of the Steering Committee members or their alternates are Page 2 6/29/2009 10-19 present. Each member of the Steering Committee or their alternate shall have one vote. When a committee member and their alternate are both present, only the committee member shall vote. Actions of the Steering Committee shall be approved by a majority vote of members present at a meeting where a quorum exists. C. RCIP PROJECT MANAGER. The RCIP Project Manager shall be selected and report to the Executive Committee. The RCIP Project Manager, after consulting with the Steering Committee, shall be responsible for the selection of other project technical consultants, formation of the project working team from the participating agencies, specifications and preparation of any grant proposals, and for primary vendor selection screening and recommendation. The RCIP Project Manager shall report to the EC and shall serve as the Chair of the Steering Committee. The RCIP Project Manager shall coordinate with the Fund Coordinators for all contractual and grant administration issues. D. FUND COORDINATORS. Fund Coordinators from the City of San Diego, County of San Diego, and other Parties managing RCIP grant or revenue funds shall be responsible for administration, coordination, fiscal integrity, record maintenance, and other administrative duties as associated with RCIP grant and revenue funds. The Fund Coordinator(s) shall be an employee of the agency managing the grant/revenue and shall coordinate with the ReIP Project Manager. E. SDUA TECHNICAL GROUP. The CAD Technical Manager and/or designee from each of the participating Dispatch Centers shall form the RCIP Technical Group. This group shall be responsible for the coordinating installation and maintenance activities for the use of the RCIP solution. The Technical Group shall report to the RCIP EC and coordinate closely with the Steering Committee. F. SUBCOtvlMITTEES. The Steering Committee shall establish and manage subcommittees as necessary to ensure effective operation, participation and communication for the SDUA RCIP Program. The Steering Committee shall appoint a chair for each subcommittee. Members of any subcommittees (other than the chair) are not required to be members of the Steering Committee. The subcommittee chairs shall, at each meeting of the Steering Committee, report to the Steering Committee Subcommittee progress and issues. V. OWNERSHIP AND MAINTENANCE OF EQUIPMENT A. TITLE. Title to equipment acquired with Federal funds will vest with the SDUA via the Unified Disaster Council (UDC) upon acquisition and is subject to the obligations and conditions set forth in 28 CFR Part 66 for State and local units of government. B. USE. Recipients shall use equipment in accordance with the following requirements: 1. Equipment must be used by the recipient in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer needed for the original program project, the equipment may be used in other activities currently or previously supported by a Federal agency. 2. The recipient shall also make equipment available for use on other projects or programs currently or previously supported by the Federal Government, provided such use does not interfere with the work on the projects or programs for which it was Page 3 6/29/2009 10-20 originally acquired. First preference for other use shall be given to other programs or projects supported by the awarding agency. 3. The recipient shall not use equipment acquired with funds to provide servi'fs for a fee to compete unfairly with private companies that provide equivalent services, unless specifically permitted, or contemplated by Federal statute. C. MANAGEMENT. Recipient procedures for maintaining equipment (including replacement), will meet the following requirements: 1. Equipment Inventory Logs will be provided by the City of San Diego Office of Homeland Security (SDOHS). Property records must be maintained which include: a) Serial number or other identification number; b) Source of the property; c) Identification of title holder; d) Acquisition date; e) Cost of property; f) Percentage of Federal participation in the cost of the property; g) Location of property; h) Use and condition of the property; i) Disposition data, including the date of disposal; and 2. A physical inventory of the property must be taken and the results reconciled with the property records once a year. 3. Property records and updates must be provided to SDOHS. 4. Property must be made available for viewing during a monitoring visit or audit. 5. A control systems must exist to ensure adequate safeguards to prevent: a) Loss; b) Damage; or c) Theft of the property Any loss, damage, or theft shall be investigated by the recipient, as appropriate. 6. Adequate maintenance procedures must exist to keep the property in good condition. D. DISPOSITION. Recipient shall notify the City of San Diego Office of Homeland Security (SDOHS) when property requires disposal or is no longer needed for the original project or program, or for other activities currently or previously supported by a Federal agency. Recipient must receive approval from SDOHS before any disposal or transfer can occur. E. EQUIPMENT IDENTIFICATION. All equipment purchased with grant funding must be identified: 1. Recipient shall affix an assigned numbered identification tag, provided by 'SDOHS, to all equipment valued at $5000 or more. Page 4 6/29/2009 10-21 2. Recipient shall prominently affix an identification tag provided by SDOHS that states: "Purchased with funds provided by the u.s. Department of Homeland Security. " to all equipment regardless of its value. VI. SDUA RCIP COOPERATION IN PROFESSIONAL SERVICES AGREEMENT The City of Vista was delegated by the SDUA to contract with Thinkstream to develop the RCIP solution on behalf of the SDUA parties. The parties agree to cooperate with Thinkstream in the performance of the Professional Services Agreement and by signing this MOU agree to participate in any mutual defense in any action filed by Thinkstream against the City of Vista alleging a breach of contract or related cause of action arising out of the performance of the Professional Services Agreement, excepting any breach or related cause of action due to Vista's sole negligence or willful misconduct. VII. SDUA RCIP ONGOING OPERATING COSTS The cost of the ongoing operations and maintenance of the SDUA RCIP shall be allocated to each participating agency deriving benefit from the project on an annual basis. For the initial term and any extension of the Professional Services Agreement, Thinkstream shall bear the cost of maintenance out of any funds realized from the Private-Public Partnership agreement in accordance with the Addendum to the PSA. Any costs for operations shall be allocated and shared equally among the participating Dispatch Centers connected to the RCIP. Monies reimbursed to the SDUA through the PPP Agreement over that amount paid to Thinkstream for maintenance shall be allocated to this purpose and deducted from the total per agency cost. Any 'Annual Contract Revenue' funds not expended for this purpose shall be handled as directed by the EC. Such costs shall be distributed as follows: A. Operations and Maintenance costs, if any, for each year shall be divided equally among the agencies listed under Section I.6a of the Professional Services Contract. Only those agencies connected to and receiving benefit from the SDUA RCIP (as determined by the EC) shall be responsible for payment of these costs. B. The City of San Diego Office of Homeland Security shall be reimbursed for certain administrative costs involved in the direct administration of any grant or grants received for the RCIP project, as agreed to by the EC. These accepted administrative costs shall be the first and primary use of any "Annual Contract Revenue" derived from the Public-Private Partnership Agreement. C. The City of San Diego Office of Homeland Security shall provide to each of the agencies an invoice for the distributed costs within thirty (30) days of receipt of the Maintenance Cost Invoice. D. Each participating agency receiving such an invoice shall render the full amount of the invoice to the City of San Diego Office of Homeland Security at the address listed in Section VIII ofthis agreement with expediency. E. Any agency contesting the appropriateness or details of the charges shall submit their concerns in writing to the SOOHS SOUA RCIP Coordinator, who shall in turn notify the EC of the concerns. The EC shall have final determination on the validity of the charges. Page 5 6/29/2009- 10-22 VIII. OBLlGATlONS AND RESPONSIBILITIES OF PARTICIPATING DISPATCH CENTERS There are certain and specific costs that will remain the responsibility of each of the participating Dispatch Centers, unless otherwise noted in Section VI. These costs are known at this time to be: A. Connectivity costs. Each agency is responsible for the purchase, installation and sustainment costs of one "data line" as required by the SDUA RCIP vendor. B. Security Equipment. Each agency is responsible for the purchase, installation and sustainment costs of any' data security device required by their CAD, Information Technology/Services regulations or by their agency. C. RCIP Maintenance or Performance Fee. As required in Section 2.6 of the Professional Services Agreement, an annual fee will be assessed by the vendor, beginning in Year 3 of the RCIP project. This annual charge for the maintenance of the project will be $20,000 per year, per Dispatch Center connection and shall be paid out of funds received, if any under the Private-Public Partnership As outlined in Section VI.A above, it is the intention of this MOU to utilize any Annual Contract Revenue to cover these costs or portions thereof on behalf of each participating Dispatch Center. D. Participation and Support. The SDUA RCIP participating agencies (as defined in the RCIP Professional Services Contract) agree to participate in any and all programs and events detailed in Sections 5 and 6 of the SDUA RCIP Public-Private Partnership Agreement (PPP), or as determined by the EC. Such participation is limited to the programs and events contained within said sections unless otherwise agreed upon by the parties involved; however, all SDUA RCIP participating agencies acknowledge the importance of participation by all entities in this program. In the event of a disagreement by any party as to the meaning and intent of "participation," the EC shall render the determinant binding decision. IX. ADDITIONAL PARTIES Additional entities providing public safety dispatch services may become a party to this MOU upon a majority vote of the SDUA RCIP Executive Committee and by executing a signed Agreement in which the entity agrees to accept the terms of this MOU. X. NOTICE Any notice, demand, complaint, request, or other submission under this MOU shall be in writing and shall be sent either by US Mail, Certified, return receipt requested, or by personal delivery, to the SDUA RCIP Executive Committee in care of the UASI grant coordinator at City of San Diego Office of Homeland Security Attn: SDUA RCIP Coordinator 202 C Street, MS 810H San Diego, CA 92]01 Page 6 6/29/2009 10-23 XI. AMENDMENTS This MOU may only be amended or modified by a unanimous vote ofthe Parties to the MOU. XII. COUNTERPARTS This agreement may be executed in any number of separate counterparts and by each of the Parties in separate counterparts, each counterpart constituting an original, and all such counterparts constituting but one and the same agreement. XIII. GOVERNING LA W This MOU shall be governed by and construed according to the laws of California. XIV. COMPLIANCE WITH LAWS In exercising their rights under this MOU, the Parties shall fully comply in all material respects with the requirements of any and all applicable laws, regulations, rules and orders of any governmental body having jurisdiction over the exercise of rights under this Agreement. XV. EFFECTIVE DATE AND TERMINATION A. This MOU shall become effective upon its execution by all Parties and, unless otherwise mutually agreed to in writing by the Parties shall remain in effect for ten (10) years unless extended by mutual agreement and amendment or replaced by a permanent governance structure. B. Any Party to this MOU may withdraw by providing ninety (90) days written notice. Notice of termination shall be sent. or otherwise delivered to the Executive Committee at the address listed in Section VIII. C. This MOU shall terminate immediately in the event of a loss of funding necessary to carry out the purposes of this MOU, or disapproval by a federal administrative agency, or if it is determined by the Executive Committee or by a legal authority having jurisdiction that the MOU or the SDUA RCIP violates any Federal or State laws, rules or regulations. ln the event termination is pursuant to this provision, a notice specifying the reasons for termination shall be sent by the Executive Committee to all Parties to the MOU as soon as possible after the termination in accordance with the procedures set forth herein. D. This MOU may not be terminated at the convenience of any Party if the performance under this MOU is compelled by State'or Federal Statute or Executive Order. E. As of the effective date of this MOU, none of the parties to this agreement is aware of any State or Federal Statute or Executive Order that compels any party to continue performance under this MOU or compels any party not to terminate for any reason. XVI. EFFECTS OF WlTHDRA W AL AND TERIvlINA TION Page 7 6/29/2009 10-24 A. Upon withdrawal by any Party from this MOU, the Party withdrawing from participation in the MOU shall return all end user equipment funded by RCIP grant awards for reallocation. B. Parties hosting network infrastructure in their facility that with.draw from this MOU agree to continue to allow operation of the equipment, including access to the facility, for the term of th.e MOU provided the remaining parties agree to assume ail costs associated with operation of the SDUA RCIP equipment in the facility including, but not limited to, utilities, lease costs, I icenses, and equipment maintenance. The remaining parties to this agreement also agree to assume all terms and obligations of existing permits, licenses, and lease agreements; to operate and maintain the equipment in a manner that is consistent with any existing permits, regulations, or agreements; and agree to indemnify the withdrawing party from liabilities associated with accessing the facility and operating the RCIP equipment. C. Upon termination of this MOU, the Executive Committee shall determine by majority vote how to distribute any undistributed grant funds and equipment, subject to the rules associated with the grant award. SDUA RCIP Executive Committee San Diego County Police Chiefs and Sheriff s Association By: Thomas Zoll Date San Diego County Fire Chiefs Association By: David Ott Date San Diego County Office of Emergency Services By: Ron Lane Date City of San Diego Office of Homeland Security Program Manager By: Donna Faller Date San Diego Regional Technology Center Director By: Bob Welty Date Page S 6/29/2009 10-25 City of San Diego Police Department By: David Ramirez City of San Diego Fire Department By: Tracy Jarman San Diego County Sheriff's Department By: Date Date William Kolender San Diego County Fire Districts Association By: Augie Ohio Page 9 10-26 Date Date 6/29/2009 IN WITNESS WHEREOF, this Memorandum of Understanding is entered into by the San Diego Urban Area Regional CAD Interoperability Project Executive Committee and the 0/"7':1 (N-. Cr--/c..<A Vl~ 74 by and through their authorized representatives, By: C1A 11 AlA G E R. Agency: Title: ~" I HEREBY APPROVE the form of the foregoing Memorandum of Understanding this ''ZfJ' day of -rut 'I ,20ry. Attorney for: elf,! of Cllu(.,4 vf<; (/j By: ~ ~/./' ~ Title: 'f) f /'<./'1 ~ C (7 'i A -n ott.."-'f 'r Page 10 6/29/2009 10-27 Exhibit A Parties to the agreement 1. San Diego County 2. City of Carlsbad 3. City of Chula Vista 4. City of Coronado 5. City of Del Mar 6. City ofEI Cajon 7. City of Encinitas 8. City of Escondido 9. City of Imperial Beach 10. City of La Mesa 11. City of Lemon Grove 12. City of National City 13. City of Oceanside 14. City of Po way 15. City of San Diego 16. City of San Marcos 17. City of Santee 18. City of Solana Beach 19. City of Vista 20. Marine Corps Base, Camp Pendleton 21. CAL-FIRE San Diego Unit Page II 6/29/2009 10-28 ,~k:f ~~ CITY COUNCIL 5 AGENDA STATEMENT ~~~~~ CITY OF CHULA VISTA 8/11/09, Item I ~ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CI Y OF CHULA VISTA TO REQUEST SANDAG TO EXEMPT E REGION FROM THE STATE CONGESTION MANAGEME PROGRAM SUBMITTED BY: DIRECTOR OF PUBLIC WORKS REVIEWED BY: CITY MANAGER ASSISTANT CITY ANAGER ~ T 4/STHS VOTE: YES ^ NO SUMMARY The San Diego Association of Governments (SANDAG) is required by State law to prepare and regularly update a Congestion Management Program (CMP) for the transportation system within the San Diego region. The purposes of the CMP are to monitor the performance of the transportation system, develop programs to address near-term and long-term congestion, and better integrate transportation and land use planning. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have a significant effect on the environment. The City, however, will continue to participate in the development and implementation of congestion management programs through SANDAG, the designated Regional Transportation Agency for the San Diego region. This action does not and will not cause either directly or cumulatively a significant physical change to the environment and is exempt from environmental review pursuant to Section 15061 (b)(3) of the State CEQA Guidelines. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION SANDAG is required by State law to prepare and regularly update a Congestion Management Program (CMP) for the transportation system within the San Diego region. The CMP requires each local jurisdiction to analyze the traffic on designated CMP arterials, freeways and highways 11-1 8/11/08, Item 1 ~ Page 2 of 6 and prepare a Deficiency Plan for those facilities that are deemed deficient. The CMP process was established as part of the 1989 legislative package that increased the fuel tax from nine cents to 18 cents. The process was intended to assure that projects funded by new transportation revenues would reduce traffic congestion by maintaining a minimum Level of Service E (LOS E) on the arterials, highways and freeways that were listed in the CMP. The CMP is a method of monitoring the region's transportation system and provides a mechanism to prepare Deficiency Plans for roadway segments that do not meet the CMP Level of Service standard. If a roadway segment falls below LOS E the local jurisdiction is required to prepare a Deficiency Plan identifying potential mitigations to improve the level of service or face the potential loss of the enhanced fuel tax funding attributable to Proposition 111. To date, no local agency has had its fiords withheld due to lack of compliance with the State CMP. For those nine agencies with deficiencies, SANDAG has provided a table of the financial consequences to the agency if it does not complete Deficiency Studies. Attachment 1, "Local Jurisdiction Gas Tax Apportionments FY 2006-2007", shows the apportionment to each of those nine agencies that have deficient arterials, freeways and/or highways through their respective jurisdictions. For the City of Chula Vista, the Gas Tax amount shown is $5,796,925 of which 33.31% is the percentage at risk if the Deficiency Plans are not completed. Based on the data on the attachment, this 33.31% represents $1,357,482 for the City of Chula Vista. In 1996 the California legislature passed Assembly Bill 2419 (Attachment 2) to allow urbanized areas the option to be exempt from preparation and implementation of the State CMP. According to the legislative history of AB 2419, the option to be exempt provision was added because the State CMP requirements had, in many instances, become an expensive and redundant paper exercise, which had done little to reduce congestion and had never actually subjected a local agency to a fuel tax revenue penalty. The bill was written to give the regions the option of exempting themselves on aself-determined basis. Thus, SANDAG has asked the local agencies to consider opting out of the State CMP program, but to maintain compliance with the Federal CMP (Attachment 3). CMP Requirements Local agencies are required to have compliance with the CMP for those arterials, freeways and highways that are entirely or partially within a jurisdiction. In Chula Vista, there are no arterials or highways that trigger the need for a Deficiency Plan since there are none with a level of Service "F". On the CMP freeways, there is only one freeway, Interstate-805 within the northerly portion of the City of Chula Vista along with National City and the County of San Diego that meets the need to prepaze a Deficiency Plan (Attachment 4). Table 1 identifies the CMP freeway entirely or partially within the City of Chula Vista. Table 1 CMP System Roadways Fully or Partially within City of Chula Vista Jurisdiction CMP Freeways Interstate 805' Telegraph Canyon Road to SR 54 11-2 8/11/08, Item I I Page 3 of 6 Each CMP roadway is required to be analyzed biennially as part of the CMP updates. As part of this analysis, each jurisdiction is required to collect traffic data that is used to calculate the LOS for CMP arterials, freeways, and highways. This information is sent to SANDAG who, in turn, calculates the LOS based on the local agency's data for each CMP arterial and notifies the local agency of any deficient CMP segments. Based upon the data collected and the LOS analysis, individual roadway segments that do not meet the CMP standazd LOS E require the creation of a Deficiency Plan within 12 months of the identification of the deficiencies. A Deficiency Plan is a study that identifies the LOS of the roadway segment(s) and potential mitigations for those segments operating at a LOS lower than LOS E. Under State law, the local jurisdiction in which the deficiency occurs is responsible for the preparation of the Deficiency Plan for each deficient segment. This includes Deficiency Plans for freeways within the City limits. If the local agency does not comply with these requirements, the legislation states that an apportionment, per Section 2105 of the Streets & Highways Code apportionment, a loss of $1,357,482, or 33.31% of the annual gas tax allocation to Chula Vista would be withheld by SANDAG if the local agency does not have Deficiency Plans completed, or in progress, for all of their deficient segments In November 2008, SANDAG adopted the 2008 CMP Update. The resulting deficient segments within the City of Chula Vista that require Deficiency Plans are shown in Table 2. Table Z 2008 CMP Roadway Segments Requiring Deficiency Ylans CMP Route ~ Limits ~ Affected Local Jurisdiction Freeways Interstate 805 Telegraph Canyon Road to SR 54 Cities of Chula Vista and National City, and San Deigo County The Cities of Chula Vista and National City and the County of San Diego are currently required to complete a Deficiency Plan for Interstate-805 from Telegraph Canyon Road to State Route-54 as identified in Table 2 by November 2009. The Deficiency Plan is estimated to cost approximately $150,000, due to coordination required with Caltrans and two other local agencies. The need for the Deficiency Plan has been mitigated due to two on-going Interstate- 805 projects with Caltrans and SANDAG. These projects will be constructed in the near future. Interstate-805 Southbound Auxiliary Lane Project The City of Chula Vista has been working with Caltrans on the proposed southbound auxiliary lane project improvements to the Interstate-805. The Regional Transportation Improvement Program (RTIP), project CAL78A identifies the first project "Interstate-805 Southbound Auxiliary" (Attachment 5) improvements that are to commence construction in FY09/10 in order to eliminate this deficient segment. Since this project will be awazded and construction will begin this fiscal year, there is no reason to prepare the Deficiency Plan since the Caltrans Project Report completed for this project identifies the need and purpose of the project and also shows 11-3 8/11/08, Item Page 4 of 6 that the level of service will improve once the project has finished construction. The limits of work are from State Route-54 to just south of Bonita Road. Per the attached Caltrans Fact Sheet dated March 2009 (Attachment 6), the project goal is to reduce current and future traffic congestion on southbound Interstate-805 near the State Route-54 interchange during the evening peak traffic period. The project will add two southbound auxiliary lanes between State Route-54 and Bonita Road. In addition, in order to regulate the flow of traffic entering the freeway in order to ease congestion further down the road and on connecting freeways, ramp meters will also be installed for the southbound on-ramps at Bonita Road Sweetwater Road and on the connecting StateRoute-54 freeway. Construction is anticipated to start later this calendar year and be completed by summer 2010 at a total project cost of approximately $19.5 million. Interstate-805 Direct Access Ramp (DART Project The Direct Access Ramp (DAR) project is a TransNet Early Action Project that is currently in the Preliminary Engineering & Environmental Document phase. This is the second project along this freeway corridor and it is listed in the RTIP as the "South Bay BRT" project SAN47 (Attachment 7). Construction is not expected to begin until FY10/11. This project would construct carpool lanes on Interstate-805 from East Palomaz Street in Chula Vista then north ultimately ending at the downtown San Diego. The cost of this project is estimated at $109 million with $107 million coming from Transnet-MC (Major Corridors) funds. Therefore, based on the two projects already underway along the Interstate-805 corridor, adoption of the resolution will benefit SANDAG so that this region is subject only to the Federal CMP program requirements, and no longer to the California State CMP requirements. Impacts of Exemption from the CMP Even if the City is exempt from the CMP, SANDAG is still required to comply with Federal congestion management provisions. Federal guidelines are more flexible than the State CMP requirements and utilize the Regional Transportation Plan (RTP) as the primary tool to provide solutions for regional congestion. The RTP analyzes the transportation system throughout the region and identifies existing and future LOS deficiencies. If the region chooses to opt out of the CMP, SANDAG will continue to meet the Federal congestion management provisions through existing planning and performance monitoring activities, such as the RTP. A number of counties throughout the State have opted out of the CMP requirement, including Fresno County, Santa Cruz County, and San Luis Obispo County. SANDAG staff have spoken with the staff responsible for the CMP process in these counties and confirmed that they have not lost any State or Federal funding as a result of opting out of the State CMP process. The SANDAG office of General Council has confirmed that local agencies will not lose their gas tax allocations if the San Diego region opts out of the State CMP. Summary Opting out of the State CMP process would have the following benefits: • Relieve the City of a mandate to use one measure (LOS) to determine roadway deficiencies. 11-4 8/11/08, Item ~ ~ Page 5 of 6 • Eliminate the City's risk of losing millions of dollars of transportation funds if the City does not comply with the CMP requirements. • Eliminate duplication of identifying transportation deficiencies (CMP, the City's Financing Plans, Cornmunity Plans, Comdor Studies, Needs List, and SANDAG RTP and Performance Monitoring Plans). The RTP will continue to identify deficiencies of major arterials, freeways and highways. • Eliminate the need for the City to prepare and adopt Deficiency Plan for arterials, highways and freeways at a cost of at least $150,000. Caltrans will continue to monitor freeways. • City of Chula Vista is currently working with the region on two pending improvements to Interstate-805 from State Route-54 to East Palomar Street totaling $130 million that are already included in the Regional Transportation Improvement Plan 5-year program as projects CAL78A & SAN47. When these two Interstate-805 improvement projects are completed, traffic congestion levels will be reduced so that this comdor is no longer deficient through the City of Chula Vista. Opting out procedure In order to opt out of the State CMP, a majority of the local jurisdictions representing a majority of the population in the county must adopt resolutions electing to be exempt from the State CMP. In San Diego County the following nine agencies out of 19 have deficiencies in either arterials, freeways and/or highways through their jurisdictions: Chula Vista, Coronado, County of San Diego, El Cajon, La Mesa, National City, Oceanside, Poway and San Diego. The City of Lemon Grove does not have any deficient facilities but has recently adopted a resolution to opt out of the State CMP. A resolution adopted by any City Council electing to be exempt from the congestion management program in accordance with Government Code Section 65088.3 is required for the San Diego region to opt out of the State CMP. As of late 7uly, the local jurisdictions representing a majority of the population (shown in parenthesis as a percent of County total population) in the County of San Diego have adopted a resolution to opt out and those agencies are: City of El Cajon (3%), City of Lemon Grove (1%), City of National City (2%), City of San Diego (43%) and County of San Diego (16%). With the adopted resolutions from the five agencies so far to opt out, the population requirement has been met since all of these agencies combined total 65% of the regions' population. The second majority vote criteria required is that of at least 10 out of 19 jurisdictions to adopt a resolution prior to September 1, 2009. The remaining jurisdictions are expected to hear this item sometime this month. Previous SANDAG action On November 7, 2008, the SANDAG Transportation Committee directed staff to discuss these options with the Public Works Directors, Planning Directors, and Traffic Engineers of the Cities/County Transportation Advisory Committee (CTAC), the Regional Planning Technical Working Group (TWG), and the San Diego Traffic Engineers Council (SANTEC), respectively. At the May 8, 2009 SANDAG Board of Directors meeting, the Board recommended to direct SANDAG staff to work with the local jurisdictions to prepare resolutions electing to opt out of the State Congestion Management Program. 11-5 8/11/08, Item Page 6 of 6 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)(1) is not applicable to this decision.. CURRENT FISCAL IMPACT There is no impact to the General Fund as a result of this action. All costs are paid for out of CIP TF-355. ONGOING FISCAL IMPACT None. ATTACHMENTS: 1. Local Jurisdiction Gas Tax Apportionments FY 2006 - 2007 2. Assembly Bi112419 3. Letter from SANDAG dated May 11, 2009 4. 2008 CMP Roadway Segments Requiring Deficiency Plans 5. Draft 2008 Regional Transportation Improvement Program for MPO ID: CAL78A dated June 10, 2009 6. Interstate 805 Southbound Auxiliary Lane Project Fact Sheet dated March 2009 7. 2008 Regional Transportation Improvement Program for MPO ID: SAN47 dated June IQ 2009 Prepared by: Francisco X Rivera, Principal Civil Engineer, Public Works Department J:\Engineer\AGENDA\CAS2009\08-I I-09\I-805 Congestion Management Plan CAS.doc 11-6 Local Jurisdiction Gas Tax Apportionments FY 2006 - 2007 h 2008 CMP Deficient Segments Local Jurisdictions wit ~ ~ _ _ __ - - 1 Total Monies Made Available Total Gas Tax Jurisdiction { by the State I Apportionment Sec. 2105 S & H Code Apportionment Percent of Sec 2105 v. Total Gas Tax Apportionment - Percent of Sec. 2105 v Total Monies from the State - --- _ 1 -- City of Chula Vista i $5,796,925 $4,075 451 City of Coronado $695,678 $500198 $1,357,482 $163,608 33.31 % 32.71% 23.42% 23.52% 5391 $1,785 024 of EI Ca1on $2 546 Cit $592,630 33.20% 23.27% _ _ , y _ - - - T ---- City of La Mesa $1 443 201 $1,029 574 $1,169 398 399' 629 City of National City ~ $1 _ -- $340,079 $386,823 , _ _ _ 33.03% 33.08% 23 56% 23 74% _ , , 662,458 $3,194032 i $4 City of Oceanside ___ $1,062,828 33.28% 22.80% -- , _ City of Poway ~~ $1,328,474 $931 995 Crty of San Diego $39 731,921 $28,823 590 ; $307 458 $7 956,032 32.99% -- - 27 60% 23.14% _ __ 20.02% $44,660,849 San Diego County $61 256,761 $13 676,359 30 62% 22.33% 1 __ Total _ - - $119,091,356, $86,170,111 , $25,843,299 29.99% 21.70% J D C7 m I~ 1 /6/2009 ATTACHMENT ~ Assembly Bill No. 2419 CHAPTER 293 An act to amend Sections 65082, 65089, and 65089.3 of, and add Section 65088.3 to, the Government Code, relating to transportation. [Approved by Governor )uly 25, 1996. Filed with Secretary of State Iuly 25, 1996.] LEGISLATIVE COUNSEL'S DIGEST AB 2419, Bowler. Transportation: congestion management programs. (1) Existing law requires the development, adoption, and updating of a congestion management program for each county that includes an urbanized area. Existing law requires congestion management programs to be incorporated into the regional transportation improvement program by December 16 of each odd-numbered year. This bill would provide that [his incorporation requirement does not apply in those counties that do not prepare a congestion management program in accordance with existing law. (2) Under existing law, a congestion management program is required to contain specified elements. This bill would delete the trip reduction element and would make corresponding changes. (3) Under existing law, a congestion management program is required to be developed for specified counties and include every city and the county. The program is required to be developed and adopted by the county transportation commission or by another public agency designated by the county board of supervisors and the city councils of a majority of cities representing a majority of the population in the incorporated area of the county. This bill would make those requirements inapplicable in a county in which a majority of local governments, collectively comprised of the city councils and the county board of supervisors which, in total, represent a majority of the population of the county, adopt resolutions electing [o be exempt from the congestion management program. The people ojthe State oJCalifornia da enact asjollows: SECTION 1. Section 65082 of the Government Code is amended to read: 65082. (a) A seven-year regional transportation improvement program shall be prepared, adopted, and submitted to the California 94 I 11-8 Ch. 293 - 2 - Transportation Commission on or before December 15 of each odd-numbered year, updated every two yeazs, pursuant to Sections 65080 and 65080.5 and the guidelines adopted pursuant to Section 14530.1, to include projects and programs proposed to be funded, in whole or in part, by funds which are any of the following: (1) For flexible congestion relief projects, as defined in Section 164.2 of the Streets and Highways Code. (2) For urban rail transit and commuter rail projects. Major projects shall include an escalated current cost updated to at least November ] of the year of submittal, and be listed by relative priority, taking into account need, delivery milestone dates, as defined in Section 14525.5, and the availability of funding. (b) Congestion management programs adopted pursuant [o Sectio^ 65089 shall be incorporated into the regional transportation improvement program submitted to the commission by December 15 of each odd-numbered year. (c) The incorporation of the congestion management program into the regional transportation improvement program required to be submitted to the commission by December 1, 1991, may be delayed for a period not to exceed one year if an environmental impact ceport is required to be prepared for the congestion management program pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code, and [he following conditions are met: (1) The agency, as defined by Section 65088.1, adopts written findings that the congestion management program cannot be incorporated into the regional transportation improvement program by December 1, 1991, due to the time required to prepare an environmental impact report pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code. (2) The agency adopts a schedule for development of the congestion management program that will result in its adoption no later than December 1, 1992, and submits a report to the Legislature by July 1, 1992, on the progress of complying with this section. (3) The agency, county, and cities take every action necessary to assure the congestion management program will be adopted by December 1, 1992. (d) If the incorporation of the congestion management program into the regional transportation improvement program is delayed pursuant to subdivision (c), both of the following shall apply: (1) Any project included in the state transportation improvement program or the traffic systems management program prior to December 1, 1992, which is otherwise required [o be included in the congestion management program, pursuant to subdivision (e), but which is not included in the congestion management program to be incorporated into the regional transportation improvement program pursuant to subdivision (b), shall be deleted from the state 94 11-9 - 3 - Ch. 293 transportation improvement program or the traffic systems management program. (2) Local projects which aze otherwise required to be included in the congestion management program, pursuant to subdivision (e), may be included in the regional transportation improvement program to be submitted to the California Transportation Commission by December I, 1991. Any local project which is included in the regional transportation improvement program after December 1, 1991, but prior to December 1, 1992, which is otherwise required to be included in the congestion management program, but which is not included in the congestion management program to be incorporated into the regional transportation improvement progrnm pursuant to subdivision (b), shall be deleted from the regional transportation improvement program. (e) Local projects not included in a congestion management program shall not be included in the regional transportation improvement program. Projects and programs adopted pursuant to subdivision (a) shall be consistent with the seven-year capital improvement program adopted pursuant to pazagraph (5) of subdivision (b) of Section 65089, and the guidelines adopted pursuant to Section 14530.1. (~ Other projects may be included in the regional transportation improvement program if listed sepazately. (g) Unless a county not containing urbanized areas of over 50,000 population notifies the Department of Transportation by July 1 that it intends to prepare a regional transportation improvement program for that county, the department shall, in consultation with the affected local agencies, prepare the program for all counties for which it prepares a regional transportation plan. (h) The regional transportation improvement program may not change the project delivery milestone date of any state project as shown in the prior adopted state transportation program without the consent of the department or other agency responsible for the project delivery. (i) The requirements for incorporating a congestion management program into a regional transportation improvement program specified in this section do not apply in those counties that do not prepare a congestion management program in accordance with Section 65088.3. SEC. 2. Section 65089 of the Government Code is amended to read: 65089. (a) A congestion management program shall be developed, adapted, and updated biennially, consistent with the schedule for adopting and updating the regional transportation improvement program, For every county that includes an urbanized area, and shall include every city and the county. The program shall be adopted at a noticed public hearing of the agency. The program 94 11-10 Ch. 293 - 4 - shall be developed in consultation with, and with the cooperation of, the transportation planning agency, regional transportation providers, local governments, the department, and the air pollution control district or the air quality management district, either by the county transportation commission, or by another public agency, as designated by resolutions adopted by the county board of supervisors and the city councils of a majority of the cities representing a majority of the population in [he incorporated area of the county. (b) The program shall contain all of the following elements: (1) (A) Traffic level of service standards established for a system of highways and roadways designated by the agency. The highway and roadway system shall include at a minimum all state highways and principal arterials. No highway or roadway designated as apart of the system shall be removed from the system. All new state highways and principal arterials shall be designated as part of the system. Level of service (LOS) shall be measured by Circular 212, by the most recent version of the Highway Capacity Manual, or by a uniform methodology adopted by the agency that is consistent with the Highway Capacity Manual. The determination as to whether an alternative method is consistent with the Highway Capacity Manual shall be made by the regional agency, except that the department instead shall make this determination if either (i) the regional agency is also the agency, as those terms are defined in Section 65088.1, or (ii) the department is responsible for preparing the regional transportation improvement plan for the county. (B) In no case shall the LOS standards established be below the level of service E or the current level, whichever is farthest from level of service A. When the level of service on a segment or at an intersection fails to attain the established level of service standard, a deficiency plan shall be adopted pursuant to Section 65089.4. (2) A performance element that includes performance measures to evaluate current and future multimoda] system performance for the movement of people and goods. At a minimum, these perfomtanre measures shall incorporate highway and roadway system performance, and measures established for the frequency and routing of public transit, and for the coordination of transit service provided by separate operators. These performance measures shall support mobility, air quality, land use, and economic objectives, and shall be used in the development of the capital improvement program required pursuant to paragraph (5), deficiency plans required pursuant to Section 65089.4, and the land use analysis program required pursuant to paragraph (4). (3) A travel demand element that promotes altemative transportation methods, including, but not limited to, carpools, vanpools, transit, bicycles, and park-and-ride lots; improvements in the balance between jobs and housing; and other strategies, including, but not limited to, flexible work hours, telecommuting, 94 11-11 -5- Ch. 293 and parking management programs. The agency shall consider parking cash-out programs during the development and update of the travel demand element. (4) A program to analyze the impacts of land use decisions made by local jurisdictions on regional transportation systems, including an estimate of the costs associated with mitigating those impacts. This program shall measure, to the extent possible, the impact to the transportation system using the performance measures described in paragraph (2). In no case shall the program include an estimate of the costs of mitigating the impacts of interregional travel. The program shall provide credit for local public and private contributions to improvements to regional transportation systems. However, in the case of toll road facilities, credit shall only be allowed for local public and private contributions which are unreimbursed from toll revenues or other state or federal sources. The agency shall calculate the amount of the credit to be provided. The program defined under this section may require implementation through the requirements and analysis of the California Environmental Quality Act, in order to avoid duplication. (5) A seven-year capital improvement program, developed using the performance measures described in paragraph (2) to determine effective projects that maintain or improve the performance of the multimodal system for the movement of people and goods, to mitigate regional transportation impacts identified pursuant to paragraph (4). The program shall conform to transportadun-related vehicle emission air quality mitigation measures, and include any project that will increase the capacity of the multimodal system. It is the intent of the Legislature that, when roadway projects aze identified in the program, consideration be given for maintaining- bicycle access and safety at a level compazable to that which existed prior to the improvement or alternation. The capital improvement program may also include safety, maintenance, and rehabilitation projects that do not enhance the capacity of the system but aze necessary to preserve the investment in existing facilities. (c) The agency, in consultation with the regional agency, cities, and the county, shall develop a uniform data base on traffic impacts for use in a countywide transportation computer model and shall approve transportation computer models of specific areas within the county that will be used by local jurisdictions to determine the quantitative impacts of development on the circulation system that are based on the countywide model and standardized modeling assumptions and conventions. The computer models shall be consistent with the modeling methodology adopted by the regional planning agency. The data bases used in the models shall be consistent with the data bases used by the regional planning agency. Where the regional agency has jurisdiction over two or more 94 11-12 Ch. 293 - 6 - counties, the data bases used by the agency shall be consistent with the data bases used by the regional agency. (d) Q) The city or county in which a commercial development will implement a pazking cash-out program that is included in a congestion management program pursuant to subdivision (b), or in a deficiency plan pursuant to Section 65089.4, shall grant to that development an appropriate reduction in the pazking requirements otherwise in effect for new commercial development. (2) At the request of an existing commercial development that has implemented a parking cash-out program, the city or county shall grant an appropriate reduction in the parking requirements otherwise applicable based on the demonsfrated reduced need for parking, and the space no longer needed for parking purposes may be used for other appropriate purposes. (e) Pursuant to the federal Intermoda] Surface Transportation Efficiency Act of 1991 and regulations adopted pursuant [o [he act, the department shall submit a request to the Federal Highway Administration Division Administrator to accept the congestion management program in lieu of development of a new congestion management system otherwise required by the act. SEC. 3. Section 65089.3 of the Government Code is amended to read: 65089.3. The agency shall monitor the implementation of all elements of the congestion management program. The department is responsible for data collection and analysis on state highways, unless [he agency designates that responsibility to another entity. The agency may also assign data collection and analysis responsibilities to other owners and operators of facilities or services if the responsibilities are specified in its adopted program. The agency shall consult with the department and other affected owners and operators in developing data collection and analysis procedures and schedules prior to program adoption. At least biennially, the agency shall determine if the county and cities are conforming to the congestion management program, including, but not limited to, all of the following: (a) Consistency with levels of service standards, except as provided in Section 65089.4. (b) Adoption and implementation of a program to analyze the impacts of land use decisions, including the estimate of the costs associated with mitigating these impacts. (c) Adoption and implementation of a deficiency plan pursuant to Section 65089.4 when highway and roadway level of service standards are not maintained on portions of the designated system. SEC. 4. Section 65088.3 is added to the Government Code, to read: 65088.3. This chapter does not apply in a county in which a majority of local governments, collectively comprised of the city 94 11-13 - 7 - Ch. 293 councils and the county board of supervisors, which in total also represent a majority of the population in the county, each adopt resolutions electing to be exempt from the congesrion management program. 0 94 11-14 i ATTACHMENT s>an-DAG p ~G~~~~ ~ ~ 0~~,5 ~~ ~.2oos ~ `\~S May 11, 2009 ~ \ 3000402 407 B Street Suite 800 San Diego, C4 92101-4231 (679) 6947900 Jlm Sandoval Fax (619)699-1905 City Manager ( wwwsandag.org City of Chula Vista ~v Z76 Fourth Avenue ~~~ _ ` ~~ Chula Vista, CA 91910-2631 ~,~ Dear Mr. Sandoval: ~ ~ MEMBER AGENCIES SUBJECT: Re50IUtlOn Electing to be Exempt from the Congestion Management Gties of cadsbad Program Chula Visa Coronado SANDAG, as the Congestion Management Agency, is required by state law to prepare Del Mar and regularly update a Congestion Management Program (CMP) for the San Diego El Cajon region. The purposes of the CMP are to monitor the performance of the transportation Encinftas system, develop programs to address near-term and long-term congestion, and better Escondido integrate transportation and land use planning. SANDAG staff evaluated options for Imperial Beach future direction of the CMP and discussed these options with your staff representative LaMe:a at multiple Cities/County Transportation Advisory Committee and the Regional Lemon Grove Planning Technical Working Group meetings. At its May 8, 2009, meeting, the SANDAG National city Board of Directors voted to direct staff to work with local jurisdictions that desire to Oceanside elect to opt out of the state CMP. The staff report is attached. Poway San Diego In order to opt out of the state CMP, a majority of the local jurisdictions representing a San Marcos majority of the population in the county must adopt resolutions electing to be exempt sanree from the state CMP. A resolution adopted by your City Council electing to be exempt Solana Beach vista from the congestion management program in accordance with Government Code and Section 65088.3 is required for the San Diego region to opt out of the state CMP. A Countyof San Diego sample resolution with language that was used in Santa Cruz County is enclosed for your reference. Each local jurisdiction will need to analyze the impacts of opting out on its specific programs and processes and determine what language is appropriate to ADVISORY MEMBERS include in its resolution. Please inform us if your local jurisdiction schedules an agenda Imperial County item to discuss whether to opt out of the state CMP. California Department of Transp°rtation If a majority of the local jurisdictions do not adopt resolutions in support of opting out Metropolitan of the state CMP process by September 11, 2009, SANDAG staff will begin data Transi[System collection efforts for the 2010 CMP update and will provide a status report on required North County Deficiency Plans to the Transportation Committee in fall 2009 under the streamlined transit DisMc[ CMP approach. United States Sincerely, Deparment of Defense 1 San Diego ~ ~y~ Unified Port District ( (~ San Diego county RY L. ALLEG water Authority XECUt~ DlreCtOf Southern California Tribal Chairmen'sASSOCiation GLG/HWE/Cda M~'"`° cc: Frank Rivera 11-15 ATTACHMENT `7' 2008 CMP Roadway Segments Requiring Deficiency Plans CMP Route Limits Affected Local Jurisdiction Freeways Interstate S SR 54 to Pacific Highway Ramp __ _.__ __ Cities of San Diego and National City Mission Bay Drive to Gilman Drive City of San Diego __ Interstate 8 I-5 to EI Cajon Boulevard Cities of San Diego and La Mesa SR 125 to Johnson Avenue __ Cities of La Mesa and EI Cajon Interstate 15 I-8 to BalboaAvenue City of San Diego SR 163 to Miramar Road City of San Diego Interstate 805 Telegraph Canyon Road to SR 54 Cities of Chula Vista and National City, and _ _.. ..San Diego County State Route 52 I-5 to I-805 City of San Diego State Route 94 I-5 to College Avenue Ciry of San Diego Siate Route 163 Ash Street to Friars Road Ciry of San Diego Conventional Highways State Route 67 Mapleview Street to SR 78 San Diego County and City of Poway State Route 75 Toll Plaza to I-5 North City of Coronado State Route 76 Melrose Avenue to South Mission Avenue City of Oceanside and San Diego County State Route 94 Jamacha Boulevard to Jamacha Road San Diego County Arterials Miramar Road Black Mountain Road to I-15 City of San Diego North Harbor Drive Laurel Street to Haw[horneStreet City of San Diego ~~-16 DRAFT 2008 Regional Transportation Improvement Program ATTACHMENT -~ San Diego Region (in $OOOs) Caltrans MPO ID: CAL76 Capacity Status: NCI RTIP#: 08-00 TITLE: SR 67 Improvements Exempt Category: Other -Engineering studies DESCRIPTION: From Mapleview to Dye Road -study future widening of expressway from 2 to 4 lanes EST TOTAL COST: $500 TOTAL PRIOR 08109 09110 10111 11112 12113 PE RW CON STP $500 $500 $500 TOTAL $500 $500 $500 MPO ID: CAL77 .Capacity Status: NCI RTIP #: OS-00 TITLE: I-511-8 Connector Exempt Category: Other -Engineering studies DESCRIPTION: On I-5 from I-8 to De Anza Undercrossing, on 1-8 from I-5/I-8 separation tc Morena -future construction of auxiliary lanes and widening of connectors EA NO: 00270 EST TOTAL COST: $3,170 TOTAL PRIOR 08/09 09/10 10111 11112 12113 PE RW CON IM $1,200 $1,200 $1,200 SHOPP-State Cash $1,970 $1,970 $1,970 TOTAL $3,170 $3,170 $3,170 MPO ID: CAL78A Capacity Status: CI RTIP #: OS-00 TITLE: Interstate 805 Southbound Auxiliary DESCRIPTION: From SR 54 to E Street - in Chula Vista from t km south of Bonita Road Undercrossing to .3 km south of Sweet River Bridge, construct two southbound Auxiliary Lanes EA NO: 081640 PPNO: 0948 EST TOTAL COST: $19,445 RTP PAGE NO: A-5 SANDAG ID: 1280506 SHOPP NH1S1e Mobility I $$7153 I I $$7,153 TOTAL $213 $79 $t,fi47 $606 MPO ID: CAL786 Capacity Status: NCI RTIP #: 08-00 TITLE: I-805 HOV/Managed Lanes -North Exempt Category: Other -Engineering studies DESCRIPTION: On I-805 from the I-805/SR 52 to Sorrento Valley, on SR 52 at the I-805/SR 52 separation -preliminary engineering for future construction of managed lanes EA NO: 08163 PPNO: 0732 EST TOTAL COST: $7,802 RTP PAGE NO: A-5; A-10 SANDAG ID: 1280503 RSTP TransNet - MC $1,7751 $1,775 $6,027 $4,827 $950 $250 PE $1,775 $6,027 Page 9 Monday, June 9, 2008 1 1351 ~ ATTACH~NtENT °iS~~.~~~ Interstate 8 0 5 .N., . Southbound Auxiliary Lane Project ~Ar u~aas Ars ir~~w~eourrieu FACT SHEET ~, `" ~~~~" Reduce current and future traffic congestion on southbound Interstate 805 near the State Route 54 interchange during the evening peak traffic period Allow for easier entry and exit access between the SR-54 interchange and Bonita Road Regulate the flow of traffic onto I-805 with the use of ramp meters ~ ~p~~~~~ -,.r.~ h ~~ ~_,~ -~ Project Manager Ramon Martinez at (619) 688-2516 or by a-mail at Ramon.Martinez@dot.ca.gov ELIMINATING TRAFFIC CONGESTION The California Department of Transportation (Caltrans) is proposing to construct two southbound auxiliary lanes on I-805 between SR-54 and Bonita Road to alleviate traffic congestion. Also proposed is the widening of the Bonita Road undercrossing and the addition of three new ramp meters at Sweetwater Road, Bonita Road and the westbound SR-54 to southbound I-805 connector. Ramp meters help regulate the flow of traffic entering the freeway in order to ease congestion further down the road and on connecting freeways. BETTER FREEWAY ACCESS The average daily traffic volume for this portion of southbound I-805 is approximately 130,000 vehicles, causing congestion during the evening peak traffic period. The proposed project would accommodate the traffic demand and allow for vehicles to enter and exit the freeway more easily. A SHOPP PRO]ECT The estimated project cost is $11 million, provided by the State Highway Operation and Protection Program. STATUS Project development is nearly complete and construction is scheduled to begin this summer, pending funding availability. Completion is expected in summer 2010. Department of Transportation National 4050 Taylor Street ~ City t Road S~y~~ate San Diego, CA 921 10 ~ ~ -~~-^~- -''~ Ph: (619) 688-6670 ~ '° -~ ~'' ~`"s4~ta ! ,.f Fax: (619) 688-3695 ~~ ' ~`~`,'~ oar www.dot.ca.gov/distil „ PROJECT AREA `~fwp~~ iy f~ ~" .Chula itaR°a~" ~~ :Vista Bp6 .~. Sheet N iiY V rY rI ..___.. _.. _~ _ NO SCALE 6 11-18 2008 Regional Transportation Improvement Program DRAFT Amendment No. 13 San Diego Region (in $OOOs) ATTACHMENT S Dle O Assoolacl n of VOVemmenu RTIP # : 08-13 MPO ID: SAN47 Capacity Status: CI TITLE: South Bay BRT DESCRIPTION: From Otay Ranch to downtown San Diego -plan, design, and construct transi t stations , transit way, local street and road modificatio ns, freeway modifications CHANGE REASON: Reduce funding SANDAG ID: 1280504 EST TOTAL COST: $109,627 TOTAL PRIOR 08109 09110 10111 11112 12113 PE RW CON FTA 5307 $545 $545 $545 FTA 5309 (Bus) $1,077 $1,017 $1,077 Local Funds $355 $355 $355 TransNet-MC $106,916 $2,354 $2,735 $13,273 $51,452 $24,665 $12,437 $15,364 $7,052 $84,500 TransNet-Transit $794 $794 $794 TOTAL $109,627 85,Ofi5 82,735 813,273 $51,452 524,665 812,437 $18,075 57,052 $84,500 PROJECT PRIOR TO AMENDMENT TOTAL PRIOR 0 10 1011 11 2 1 PE RW CON FTA 5307 $545 $545 $545 FTA 5309 (Aus) $1,028 $1,028 $1,028 Local Funds $355 $355 $355 TransNet-MC $107,905 $1,800 $9,200 $41,600 $43,300 $11,705 $300 $14,000 $7,000 886,905 TransNet-Trensit $784 $794 $794 TOTAL $110,627 $4,522 $9,200 841,600 843,300 $11,705 8300 816,722 57,000 886,905 MPO ID: SAN58 Capacity Status: NCI RTIP #: OB-13 TITLE: 5317 New Freedom Program Exempt Category: Mass T ransit-Transit operating assistance DESCRIPTION: Lump sum for new federal program to provide tra nsit service to eldery and disabled residents CHANGE REASON: Reduce funding EST TOTAL COST: $3,870 TOTAL PRIOR 08109 09/10 10111 11112 12113 PE RW CON FTA 5317-NF $2,141 $1,065 $1,076 $1,989 $152 Local Funds $1,261 $527 $495 $119 $120 $1,223 $38 TransNet-SS $468 $153 $156 $159 $468 TOTAL 83 870 $7,592 $1,724 $275 5279 $3,680 5190 PROJECT PRIOR TO AMENDMENT TOTAL PRIOR O9 0 10 1 11 11/1 1 13 PE RW CON FTA 5317-NF $2,141 $1,065 $1,076 $1,989 $152 Local FUnds $1,320 $527 $554 $119 $120 $1,223 $97 TransNet-SS $526 $211 $156 $159 $468 858 TOTAL $3,987 51,592 $1,841 $275 $279 53,680 $307 Page 29 Wednesday, JUne 10,2009 ~~-19 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY OF CHULA VISTA TO REQUEST SANDAG TO EXEMPT THE REGION FROM THE STATE CONGESTION MANAGEMENT PROGRAM WHEREAS, the San Diego Association of Governments (SANDAG) is required by State law to prepare and regulazly update a Congestion Management Program (CMP) for the transportation system within the San Diego region; and WHEREAS, the CMP requires each local jurisdiction to analyze the traffic on designated CMP arterials, freeways and highways and prepaze a Deficiency Plan for those facilities that aze deemed deficient; and WHEREAS, in 1996, Assembly Bill 2419 was passed and signed by the Governor allowing urbanized counties the option to be exempt from prepazation and implementation of a CMP; and WHEREAS, there is duplication between CMP and other transportation planning documents; and WHEREAS, the goals of the CMP may be carried through other transportation planning documents and through general plans; and WHEREAS, SANDAG will include elements of the CMP which aze relevant and useful in the Regional Transportation Plan (RTP) and/or the Annual Monitoring Report. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize the City to request SANDAG to exempt the region from the State Congestion Management Program. Presented by Richazd A. Hopkins Director of Public Works 11-20 CITY COUNCIL AGENDA STATEMENT ~ ~C ULAVISTA 8/11/09, Item ITEM TITLE: PUBLIC HEARING TO CONSIDER WAIVING IltREGULARITIES IN THE BID RECEIVED FOR THE "NORTH BROADWAY BASIN PROJECT, BETWEEN C STREET AND D STREET (STM354)" PER CITY CHARTER SECTION 1009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING IRREGULARITIES, ACCEPTING BIDS, AWARDING THE CONTRACT FOR THE "NORTH BROADWAY BASIN PROJECT, BETWEEN C STREET AND D STREET (STM354)" TO MJC CONSTRUCTION, IN THE AMOUNT OF $1,672,975, AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT SUBMITTED BY: DIRECTOR OF PUBL C WORKS REVIEWED BY: CITY MANAGER ASSISTANT CITY ANAGER ~~ 4/STHS VOTE: YES ^ NO SUMMARY On July 22, 2009, the Director of Public Works received sealed bids for the "North Broadway Basin Project, between C Street and D Street (STM354)". The work to be done consists of full street reconstruction, installation of storm drain system and traffic signal modification improvements. 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. 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-09-012 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 and adopted mitigation measures 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-09-012. Additionally, the Environmental Review Coordinator has reviewed the proposed project for compliance with the National Environmental Policy Act (NEPA) due to the use of federal funds and has conducted an Environmental Assessment (Project ID # B-04-MC-06-0563) in 12-1 8/11/09, Item ~ Z Page 2 of 4 accordance with the National Environmental Policy Act (NEPA) as implemented by the U.S. Department of Housing and Urban Development Guidelines. A Finding of No Significant Impact has been prepared pursuant to Title 24, Part 58, Subpart E of the US. Department of Housing and Urban Development (HUD) Environmental Guidelines. Thus no further NEPA environmental review or documentation is necessary. RECOMMENDATION Council conduct the public hearing and adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The North Broadway Basin (STM354) project is an existing CIP established in FY 03/04. The project is located along Broadway between the intersection of D Street and 200 feet north of the intersection of C Street. The general scope of the North Broadway Basin project involves the excavation and grading, removal and disposal of existing improvements, full street reconstruction, installation of asphalt concrete pavement, crushed aggregate base, portions of curb, gutter, sidewalk, and driveways, cross-gutters, installation of approximately 2000 lineal feet of reinforce concrete pipe (RCP) storm drain system, curb-inlets, storm drain clean-outs, retrofitting existing pedestrian ramps to meet current American with Disability Act (ADA) requirements, pavement striping and markings, traffic signal upgrades and modifications. The work also includes all labor, materials, equipment, transportation, protection of existing improvements and traffic control necessary for the project and other work necessary to complete the project. Some of the work will be located within the City of National City. Thus, City staff has prepared and signed a maintenance agreement between the City of National City and the City of Chula Vista for [he proposed installation of a portion of the storm drain improvement within National City limits. The project is comprised of commercial and residential properties along the corridor of the project. Therefore, on July 9, 2009, City staff held a public meeting to discuss upcoming street improvements within the project limits. During the public meeting, City staff discussed the scope of the improvements and how the construction could potentially affect their business within the construction schedule. City staff informed about common construction issues and answered questions regarding accessibility to their properties and traffic congestion that will be originated during the construction of the project. On July 22, 2009, the Director of Public Works received fourteen (14) bids for the "North Broadway Basin Project, between C Street and D Street (STM354)." The following bids were received: CONTRACTOR BID AMOUNT 1. MJC Construction -Bonita, CA $1,672,975.00 2. Southland Pavement -Escondido, CA $1,775,563.00 3. Heffler Co. -National City, CA $1,788,963.00 4. Hazard Construction - SanDiego, CA $1,796,450.00 12-2 8/ll/09,Item ~Z Page 3 of 4 5. Sim J. Harris, San Diego - CA $1,859,500.00 6. Palm Engineering -San Diego, CA $1,998,380.00 7. L.B. Civil Construction -San Diego, CA $2,030,355.00 8. West Coast General -Poway, CA $2,081,571.00 9. Burtech Pipeline -Encinitas, CA $2,098,185.00 10. Portillo Concrete -Lemon Grove, CA $2,136,006.25 11. New Century Construction -Lakeside, CA $2,155,625.00 12. Scheidel Contracting and Engineering, Inc. - La Mesa, CA $2,156,183.00 13. Koch-Armstrong -Lakeside, CA $2,183,953.00 14. Zondiros Corporation -San Marcos, CA $2,358,450.00 Staff reviewed the apparent low bid proposal in the amount of $1,672,975 submitted by MJC Construction of Bonita, California. During review of MJC Construction's bid proposal, staff found that the contractor had introduced a minor clerical error in a specific bid item subtotal that was not significant. The grand total and the unit bid prices remained the same. MJC Construction submitted a letter acknowledging the clerical error and stand by their original submitted grand total bid total price of $1,672,975 (Attachment 1). The low bid submitted by MJC Construction is below the Engineer's estimate of $2,200,000 by $527,025 (24% below the Engineer's estimate); much of this difference can be attributed to the high degree of competition currently within the construction market. Design staff has verified the references provided by the contractor and has determined that the contractor has performed satisfactorily For those references. The Contractor's License No. 754128 is current and active. Also for consideration is 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 an individual change order causes the cumulative increase in change orders to exceed the Director's authority ("Maximum Aggregate Increase in Change Orders"), then City Council approval is required. The contract amount for the subject project is $1,672,975. The corresponding maximum aggregate contract increase that may be approved by the Director of Public Works under Policy No. 574-01 is $106,649. Approval of the resolution will increase the Director of Public Works' authority to approve change orders as necessary up to the contingency amount of $334,595, an increase of $227,946 and will authorize staff to expend all available contingencies and to increase the value of the contract, as necessary, as a result of unforeseeable conditions and unit quantity adjustments. Unforeseen conditions include such items as utility conflicts, hazardous materials, unexpected underground conflicts, etc. If the contingency funds are not used, then they will be returned to the project fund balance. Disadvantaged Business Enterprise Goal The bid documents set forth participation requirements per Federal Regulation for meeting the disadvantaged and women-owned business goals. Jose Dorado, Community Development Specialist, has reviewed the bid documents submitted by the lowest bidder, MJC Construction, Inc. 12-3 8/11/09, Item ~Z Page 4 of 4 Staff also reviewed MJC Construction's eligibility status with regard to Federal procurement programs and the status of the State contractor's licenses. MJC Construction is not listed as excluded from Federal Procurement Programs (list of parties excluded from Federal procurement or non-procurement programs as of February, 2006). Disclosure Statement Attached is a copy of the Contractor's Disclosure Statement (Attachment 2). Wage Statement Contractors bidding on this project were required to pay prevailing wages to persons employed by them for work under this project. No special minority or women owned business requirements were necessary as part of the bid documents. However, the "Notice to Contractors" was sent to various trade publications in order to encourage disadvantaged businesses to bid on the project. 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 18705.2(b)(1). FISCAL IMPACT There is no impact to the General Fund as there aze sufficient TransNet funds in the existing CIP STM354 necessary to complete the project. A breakdown of the project casts is as follows: FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $1,672,975.00 B. Contingencies (20%) $334,595.00 C. Staff Time & Testing Costs 1. Construction Inspection (15%) $250,000.00 2. Design/Construction Management (22%) $365,000.00 3. Survey/Construction Staking (8%) $125,000.00 4. Environmental/Traffic/Public Works (4%) $65,000.00 5. Soil & Material Testin 4% $60,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $2,872,570.00 ON-GOING FISCAL IMPACT: Upon completion of the project, the improvements will require only routine City street maintenance. ATTACHMENTS I. MJC Constnuction letter 2. Contractor's Disclosure Statement Prepared by: Lnis A. Labrador, P.E., Associate Civil Engineer, Pteblic Works Department M:\EngineerWCHNDA\CAS2009\08-11-09\STM354 AI 13 .doc 12-4 ATTACHMENT ~ C{3~57RC~{"{'lC7ti MJC Construction 630 National City Blvd. National City, CA 91950 619.472.5619 office 619.996.2116 fax July 24, 2009 City of Chula Vista Engineering Department 276 Fourth Ave. Chula Vista, CA 91910 Re: Acknowledgement of Error on Bid Quote 8. Confirmation of Grand Total. MJC Construction formally acknowledges the clerical error made on line item #58 of our Bid Proposal for the North Broadway Basin project. The correct bid for this line item is as follows: Description Units Unit Price Total Marking with Pavement Markers S,000LF $0.42/LF $2,100.00 MJC Construction holds to their original submitted Grand Total of $1,672,975.00 and is committed to furnish all materials and do all work required to complete the said work in accordance with said plans, specification and special provisions. Feel free to call with any questions. Sincerely, Tom Yaotani Vice President of Business Development 12-5 KRACHM~t~T 2 CTTY OF CFIUI,A VISTA 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 atl 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. -NONE- 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/partrtership) entity. -NONE- 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 ttustor of the trust. -NONE- 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. Tom Yaotani 5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chula Vista as it relates to this contract within the past 12 months? Yes_ No x 44 M:1Gcneral Services~Desig~Wl ProjectslS7M~5TM3541STM354 Contras Spec.Ufi25.09.doc 12-6 If Yes, briefly describe the nature of the financial interest the official" may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No X Yes _ If yes, which Council member? Have you provided more than 5c340 (or an item of equivalent value) to an officia]"" of the Ciry of Chula Vista in the past twe]ve (12) months? (This inc]udes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No X If Yes, which official** and what was the nature of item provided? Date: July 22, 20D9 Signa re of Contract pplicant MJC Construction Print or type name of Contractor/Applicant Person is defined as: any individual, firm, co-partnership, joint venture, assoc;at;on, soc;al club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other soup 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 Ciry, employee, or staff members. a5 12-7 RESOLUTION NO.2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING IRREGULARITIES, ACCEPTING BIDS, AWARDING CONTRACT FOR THE "NORTH BROADWAY BASIN PROJECT, BETWEEN C STREET AND D STREET (STM354)" TO MJC CONSTRUCTION, IN THE AMOUNT OF $1,672,975.00, AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT WHEREAS, City staff prepared plans and specifications for the "North Broadway Basin Project, between C Street and D Street (STM354)" and advertised the project on June 26, 2009; and WHEREAS, on July 22, 2009, the Director of Public Works received fourteen (14) sealed bids for the project as follows: CONTRACTOR BID AMOUNT 1. MJC Construction -Bonita, CA $1,672,975.00 2. Southland Pavement -Escondido, CA $1,775,563.00 3. Heffler Co. -National City, CA $1,788,963.00 4. Hazard Construction - SanDiego, CA $1,796,450.00 5. Sim J. Hams, San Diego - CA $1,859,500.00 6. Palm Engineering -San Diego, CA $1,998,380.00 7. L.B. Civil Construction -San Diego, CA $2,030,355.00 8. West Coast General -Poway, CA $2,081,571.00 9. Burtech Pipeline -Encinitas, CA $2,098,185.00 10. Portillo Concrete -Lemon Grove, CA $2,136,006.25 11. New Century Construction -Lakeside, CA $2,155,625.00 12. Scheidel Contracting and Engineering, Inc. - La Mesa, CA $2,156,183.00 13. Koch-Armstrong -Lakeside, CA $2,183,953.00 14 . Zondiros Corporation -San Mazcos, CA $2,358,450.00 WHEREAS, staff reviewed the low bid proposal in the amount of $1,672,975, submitted by MJC Construction of Bonita, California and found a minor clerical error in the bid total; and WHEREAS, MJC Construction submitted a letter acknowledging the clerical error and agreeing to stand by their original submitted grand total bid total price of $1,672,975; and WHEREAS, the low bid by MJC Construction is below the Engineer's estimate of $2,200,000 by $527,025 (24%). Staff has verified the references provided by the contractor with satisfactory results. The contractor has performed various work for the City of Chula Vista and other Cities and Counties and their work has been satisfactory. 12-8 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby waive irregularities, accept bids, and award the contract for the "North Broadway Basin Project, between C Street and D Street (STM354)" to MJC Construction in the amount of $1,672,975. BE IT FURTHER RESOLVED, that the City Council of the City Of Chula Vista does hereby waive Council Policy 574-01 and authorize the Director of Public Works Operations to approve change orders as necessary and expend all available funds in the nroiect. Presented by Richazd A. Hopkins Director of Public Works 12-9 CITY COUNCIL AGENDA STATEMENT +, „~ ~~ CITY OF ~~ `~ CHULA VISTA August 11, 2009, Item No.: ~3 ITEM TITLE: PUBLIC HEARING: PCM-09-14 Consideration of amendments to the Gateway Chula Vista Specific Plan (PCM 00-11) in order to allow educational and training uses, modify the provisions for temporary and accessory uses, and other miscellaneous amendments. The 4.46 acre site is located at the northwest corner of Third Avenue and "H" Street. Applicant-Gateway Chula Vista 2, LLC ORDINANCE: of the City of Chula Vista approving amendments to the Gateway Chula Vista Specific Plan (PCM 00-11) for 4.46 acres at the northwest corner of the intersection of "H" Street and Third Avenue. SUBMITTED BY: Director of Devel pment Services/Deputy City Manager, ~ `~ ~ REVIEWED BY: City Manag 4/Sths Vote :Yes X No BACKGROUND On December 12, 2000 the City Council and Redevelopment Agency adopted the Gateway Chula Vista Specific Plan ("Specific Plan"). The purpose was to ensure the orderly redevelopment and viability of the new development of the 4.46 acre project site and provide a model for similar redevelopment of the surrounding Towne Center 1 Redevelopment Area. The site is located approximately halfway between the Chula Vista Mall and the central business area along Third Avenue. The Specific Plan establishes design, landscape, and parking standards for the site, and defines the type and amount of development permitted within Phases 1-3 of the Gateway redevelopment 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 was covered in previously adopted Final Mitigated Negative Declaration, IS-99-24. The 13-1 Meeting Date: 08/11/09 Page 2 Environmental Review Coordinator has determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the prepazation of a subsequent document have occurred; therefore, the Environmental Review Coordinator has prepared an addendum to this document, Final Mitigated Negative Declaration, IS-99-24, referred to as "Gateway Chula Vista: H Street and Third Avenue." RECOMMENDATION That the City Council adopt Ordinance to 1) consider the addendum to Mitigated Negative Declazation IS-99-24 and 2) adopt ordinance approving amendments to the Gateway Chula Vista Specific Plan (PCM 00-11) for 4.46 acres at the northwest comer of the intersection of "H" Street and Third Avenue. BOARDS/COMMISSION RECOMMENDATION: On July 22, 2009 the Planning Commission considered the addendum to Mitigated Negative Declaration IS-99-24 and the request to amend the Gateway Specific Plan and voted (6-0-1-0) recommending that the City Council approved the project. On July 23, 2009, the Chula Vista Redevelopment Corporation considered the addendum to Mitigated Negative Declaration IS-99-24 and the request to amend the Gateway Specific Plan and voted (5-0-1-1) recommending that the City Council approve the project. DISCUSSION Site Location and Surrounding Uses: A description of the surrounding land uses, General Plan, and Zoning designations is outlined below: Existing General Plan, Specific Plan, Land Use Designations and land use General Plan Zoning Urban Core Existing Land Use Site Transit Focus Area Gateway Specific Plan North Transit Focus Area R3/UC2 South PQ CC East Transit Focus Area R3 West Transit Focus Area UC2 Professional Office Transit Focus Area Buildings/Retail,vacant (Phase III)t UC2(portion) aparhnents UCS(portion) courthouse N/A church campus UC2 Vacant 13-2 Meeting Date: 08/11/09 Page 3 Project Description: Gateway Chula Vista 2, LLC ("Gateway," the "applicant," or the "developer") is requesting an amendment to their Specific Plan in order to change the type and distribution of allowable uses within the project area covered by the Gateway Chula Vista Specific Plan. The amendments would allow educational and training uses, modify provisions for temporary and accessory uses and other miscellaneous modifications within the 4.46-acre project site. The proposed amendments are more specifically described below: Land Use Regulations Education and Training Amend Section 2.2 and Table 2 to add additional pennitted land use category "education and training schools" and delete Section 2.5 to remove this category as a prohibited use. (See Attachment SA) Land Use Regulations: Temporary and Accessory Uses Amend Sections 23 and 2.4 to modify provisions for temporary and accessory uses. (See Attachment SA) Off-Street Parking Amend Section 4.7 Off Street Parking to update available parking and indicate how proposed changes in land uses can be accommodated; Amend Appendix C to reflect updated Shared Parking Analysis. (See Attachment SB) Circulation and Streets Amend Sections 4.8 Circulation and 5.5 Streets to reflect clarification regarding proposed pedestrian bridge and revised trip generation based upon new traffic study. (See Attachment SC) ~ecific Plan: Miscellaneous Amendments/ilpdates • Amend Section 1.7 to update the figures regarding the existing/proposed sizes of Buildings. 13-3 Meeting Date: 08/11/09 Page 4 • Modify Table 2 of Section 2.1 to: a) reduce the restaurant square footage by 6,000 square feet and b) update the total building square footages to reflect a 15% increase previously approved by substantial conformance review per Section 6.7 of the Specific Plan. • Amend Section 6.2 to update figures. • Modify Exhibits 6 and 7 to reflect updated development concept Specific Plan and H Street Elevation. (See Attachment SD) ANALYSIS: Land Use Regulations The 4.46 acre project site is zoned Transit Focus Area (TFA). This designation is based upon the land use classifications contained in the Urban Core Specific Specific Plan (UCSP). However, because the Specific Plan was adopted prior to the UCSP, the land use and development standazds and related provisions contained in the UCSP aze superceded by the Specific Plan. Section 2.0 of the Specific Plan titled "Land Use Regulations" outlines the various types of land uses, which are permitted or not permitted within the project area. The primazy amendment being requested to the Specific Plan is to add the land use category "Educational & Training Uses" as a permitted use, currently described as prohibited. Staff believes this use to be an appropriate use for this location as compatible with other types of land uses currently permitted. Squaze footages of other land use categories have been reducedin order to accommodate this newly permitted land use category. These include a reduction in the "restaurant" category based upon the applicant's request that the amount allocated to restaurant use be reduced due to changes in economic conditions. hi addition to specifying categories of land uses, Table 2 of the Specific Plan (see Attachment SA) shows the distribution of square footages by both building phase and total square footage. Currently, flexibility is provided as to how these square footages are allocated between building phases as long as the maximum (total) square footage of each category is adhered to. Staff recommends modifying existing text language in order to provide for additional flexibility regarding distribution of square footages between land use categories while providing safeguards that negative impacts to the surrounding area will not occur. Specifically, new language proposed will require that the amount of allowed space per land use category shall not be exceeded unless there is no increase in average daily trips (ADT's) or required parking. Square footage changes must be approved by the Director of Development Services (see Attachment SA). As noted above, subsequent to the preparation of the original Specific Plan document, the applicant has increased the overall allowable building square footage by approximately 15% as authorized per Section 6.7 (which, under substantial conformance, allows a one time increase or decrease of up to 15% substantial conformance). The requested one time increase in squaze 13-4 Meeting Date: 08/11/09 Page 5 footage allowed per this section was granted by the City Manager in a letter dated March 16, 2007. Thus, the revised Table 2 not only shows the new category of allowed land uses and revised distribution of square footages within and between land use categories but also incorporates new larger total square footages allowed based upon this previously approved substantial conformance allowance. Parking The existing Specific Plan utilized the Chula Vista Bayfront Specific Plan (Chula Vista Municipal Code Section 19.85.008) as precedence for determining the parking requirements for this project. The Bayfront Specific Plan allows shared parking to be utilized where supported by appropriate studies. Per that Municipal Code section (19.85.008), the criteria and standards provided by the Urban Land Institute (iJLI) should be utilized to assess parking needs. The Specific Plan has incorporated this same criteria into its off street parking ratio requirements. The Specific Plan originally provided for a minimum of 1,117 parking spaces on site based upon a previously adopted shared parking agreement. This capacity has now been updated to reflect site design and land use changes and which now include 1,229 parking spaces. This updated figure is based upon information provided by the applicant in an updated draft traffic study submitted on July 9, 2009 (which included the revised shared parking study). It should be noted that this study is based upon the revised distribution of land uses shown in Table 2 and the pazking analysis. This includes the reduction in restaurant usage previously discussed. As mentioned above, the original number (1,117 spaces) was achieved by performing a parking analysis (Appendix C of the original Specific Specific Plan) considering the project's mix of uses, time of use, day of use, and seasonal demand. With the change in project land uses, the project's highest hourly demand for parking is now calculated in two stages. Two stages were required because the pazking structure is presently two thirds built. Therefore, the first portion of the parking study included the addition of educational land uses to the site as well as corresponding reductions in the remaining land uses for Phase I & II only. For this study period, the demand is approximately 699 on weekdays while the supply consists of 981 parking spaces provided for a surplus of 282 parking spaces at the end of Phase I & II. For the ultimate condition, that is, Phases I, II & III combined, 1,229 parking spaces will be provided for an estimated demand of 1,078 spaces, resulting in a surplus of 151 spaces. In order to accommodate the 1,229 parking spaces on site, the following parking space standard has been set for the Specific Plan. The specific existing standards include that all pazking spaces shall be a minimum width of 8.5 feet and all aisles 21 feet. The length of a parking space shall be 20 feet for standard and 15 feet for compact. Off Street loading spaces include an internal delivery area behind Building 2. The street level parking structure will be a minimum height to accommodate delivery trucks in this area. Based upon the above discussion, Section 4.7 of the Specific Plan will be updated to reflect additional parking spaces which will be provided for the project. The total number of parking spaces to be provided will increase from 1,117 to 1,229. The updated breakdown of parking spaces between phases 1-3 is shown in revised Appendix C. (see Attachment SB) 13-5 Meeting Date: 08/11/09 Page 6 Traffic/Streets A revised traffic study dated July 9, 2009 analyzes the potential impacts of altering project land uses including adding an educational and training facility for up to 600 students. The San Diego Association of Governments (SANDAG) trip generation rates were applied to the land uses as was done in the original study. The City of Chula Vista completed a General Plan Amendment (GPA) concurrently with the processing of the original Specific Plan. The purpose of the GPA was to reclassify H Street from a six lane collector to a four lane collector road in the Circulation Element and has been accomplished. A traffic study was originally prepared for the GPA, which forecast traffic volumes at buildout for the Specific Plan, the South Bay Regional Center expansion and the Scripps Hospital expansion. A new traffic study was conducted which included the updated project land uses but without the South Bay Regional Center expansion involved. The new study determined that the proposed land uses in the updated Gateway Chula Vista project would generate 9,298 Average Daily Trips (ADT) with 922 trips in the AM peak hour and 1,032 trips in the PM peak hour. These volumes compaze favorably to the adopted traffic study in that the first traffic report predicted 9,939 with 879 in the AM peak and 1,084 trips in the PM peak hour. Overall trip generation on a daily basis has been reduced due to the change in land uses. Trips have decreased 640 trips on a daily basis. Trips increased in the AM peak hour from 879 to 922 (+43) due to operating characteristics of the project but have decreased by 52 trips in the PM peak hour going from 1,084 to 1,032. The traffic study concluded that the increase in a.m. peak hour trips will not result in a significant traffic impact. The city reviewed its Growth Management Oversight Committee (GMOC) roadway segments in the area and found none that were failing in the last year. The city found that the proposed changes to the land uses led to slight incremental increases to certain traffic volumes in the local area. It was estimated that future peak period travel speeds in the study area will continue to operate at adequate Levels of Service (LOS). Additionally, during review of the original traffic study, impacts to the intersection of H Street and Third Avenue were identified. However, mitigation measures remain in the Specific Plan's conditions of approval, which will reduce the traffic impacts to acceptable levels. Based upon the above discussion, Section 5.5 of the Plan will be updated to reflect the revised ADT volumes (see Attachment SC). Miscellaneous Amendments/IJodates In addition to the above, other sections/pages within the Specific Plan are also being amended/update to reflect revised figures, including building square footages. (See attachment 5D) 13-6 Meeting Date: 08/11/09 Page 7 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 of the property, which is subject to this action. CURRENT FISCAL YEAR IMPACT: The applicant has paid for all costs associated with the processing of this project. ONGOING FISCAL YEAR IMPACT: There will not be any ongoing fiscal impacts associated with the project as it involves text changes to the Gateway Specific Plan. The original Disposition and Development Agreement (DDA) contemplated a Class "A" restaurant which is not financially feasible due to local demographics and therefore the sales tax revenue estimated to come from a Class A restaurant will not be realized. However, the action will not preclude other restaurant facilities from occupying space in the Gateway office complex which could generate sales tax revenue. Attachments 1 Locator 2 Planning Commission Resolution 3 CVRC Resolution 4 Addendum to Mitigated Negative Declaration IS 99-24 5 Figures 6 Ownership Disclosure Form Prepared by: Jeff Steichen, Associate Planner, Development Services Depamnent J:\planning\I'arget Rezone.doc 13-7 ATTACHMENT 1 LOCATOR MAP 13-8 LOCATOR MAP 13-9 ATTACHMENT 2 PLANNING COMMISSION RESOLUTION 13-10 RESOLUTION N0. PCM-09-14 RESOLUTION OF THE CITY OF CHIJLA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL CONSIDERS THE ADDENDUM TO MITIGATED NEGATIVE DECLARATION IS-99-24 AND APPROVE AMENDMENTS TO THE GATEWAY CHULA VISTA SPECIFIC PLAN (PCM 00-1 I) FOR 4.46 ACRES AT THE NORTHWEST CORNER OF THE INTERSECTIONS OF "H" STREET AND THIRD AVENUE WHEREAS, on Apri123, 2009, a duly verified application was filed with the City of Chula Vista Developmental Services Department by Gateway Chula Vista 2, LLC ("Developer"), requesting approval of amendments to the Gateway Chula Vista Specific Plan for 4.46 acres located at the intersections of "H" Street and Third Avenue (Project); and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Enviromnental Quality Act (CEQA) and has determined that the project was covered in previously adopted Mitigated Negative Declazation (MND), IS 99-24. The Environmental Review Coordinator has determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the prepazation of a subsequent document has occurred; therefore, the Environmental Review Coordinator has prepared an Addendum to Final Mitigated Negative Declaration, IS-99-24, referred to as "Gateway Chula Vista: H Street and Third Avenue"; and WHEREAS, the Planning Commission fmds that the Addendum to MND IS 99-24 has been prepared in accordance with the requirements of the California Environmental Quality Act and the Environmental Review Procedures of the City of Chula Vista; and WHEREAS, the Development Services 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 it mailing to property owners and within 500 feet of the exterior boundaries of the property, at least 10 days prior to the heazing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m, July 22, 2009, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed. NOW THEREFORE BE IT RESOLVED by the Planning Commission ofthe City of Chula V ista that the following Findings aze hereby made and adopted: The proposed amendments to the Gateway Chula Vista Specific Plan are consistent with the City of Chula Vista General Plan. The proposed amendments to allow educational and training uses, modify provisions for temporary and accessory uses and other miscellaneous amendments will not result in additional traffic generation 13-11 nor demand for additional parking and are consistent with other types of uses currently permitted by the Specific Plan. BE IT FURTHER RESOLVED that the Planning Commission of the City of Chula Vista recommends that the City Council approve the Amendment to MND IS 99-24 and adopt the attached Draft City Council Resolution and Ordinance approving the Project in accordance with the Findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED by the Planning Cotmission of the City of Chula Vista that a copy of this Resolution and the draft City Council Ordinance be transmitted to the City Council. PASSED AND APPROVED by the Planning Commission of the City of Chula Vista, this 22nd day of July, 2009, by the following vote, to-wit: AYES: NOES: ABSENT: ATTEST: Diana Vazgas, Secretary Presented by: Scott Vinson, Chairperson Gazy Halbert, P.E., AICP Deputy City Manager/Development Services Director Approved as to form by: es e1d-~ ik)~; 13-12 Planning Commission Minutes - 3 - July 22, 2009 3. Public Hearing: 6:27:13 PM PCM 09-14; Consideration of amendments to the Gateway Chula Vista Specific Plan in order to allow educational and training uses, modify the provisions for temporary and accessory uses, and other miscellaneous amendments. The 4.46-acre site is located at the northwest corner of Third Avenue and H Street. Applicant: Gateway Chula Vista 2, LLC. Background: Jeff Steichen reported that the Gateway Specific Plan was adopted on December 12, 2000, which established design, landscape, and parking standards and defines the type and amount of development permitted within Phases 1 thru 3 of the Gateway redevelopment project. The applicant is requesting an amendment to their Specific Plan in order to change the type and distribution of allowable uses within the project area and would allow educational and training uses, modify provisions for temporary and accessory uses and other miscellaneous modifications within the 4.46-acre project site. StafF Recommendation: That the Planning Commission adopt Resolution PCM 09-14 recommending that the City Council approve the ordinance for the Gateway Chula Vista Specific Plan Amendment. Commission Comments: There was discussion regarding the reduction to the restaurant square footage and an increase in overall allowable building square footage. 6:38:00 PM Cmr. Tripp stated that traffic mitigation measures outlined in the traffic study appear to be intended for implementation at the time of build-out of the Specific Plan. He noted that the intensity level of this project might not warrant implementation of the mitigation measures, and questioned at what point would a substantial conformance review of traffic volumes and operation of the site be triggered. 6:39:19 PM Dave Kaplan, Traffic Engineer, stated that after Phase II is completed and with the commencement of Phase III, a traffic study will be conducted for amid-block traffic signal on H St. between 3rtl and 4th for access to Phase III and the entire specific plan, as well as a reassessment of traffic volumes and operation of the site. Cmr. Felber stated that locating amedical/technical training school at this location is an excellent choice, he pointed out that another good choice would be a school in the criminal justice field since the courthouse and law-enforcement complex is across the street. 6:48:20 PM Public Hearing Opened. 6:48:29 PM Jim Pieri stated they are allowed aone-time increase or decrease of up to 15% in square footage and height and they decided not to increase the height, staying within the guidelines of Phase I & II, and a square footage of 140,000 instead of 155,000. Mr. Pieri stated they are excited about the prospects of partnering with an educational institution. Regarding the reduction of restaurants square footage, he reassured the Commission that every effort was made to market the site as such, but they were unsuccessful. 13-13 Planning Commission Minutes - 4 - July 22, 2009 6:53:51 PM Cmr. Spethman spoke of student mode of transportation and inquired if any thought had been given to the use of off-site parking through a partnership agreement with another entity and shuttling to and from the parking lot to the school. 6:54:53 PM Mr. Andy Schlafley, of Urban Systems, gave an overview of how their parking and transportation analysis is done using data from SANDAG trip generation rates and the Urban Land Institute parking rates. 7:12:00 PM Cmr. Clayton stated that with the education venue, ancillary uses such as child care might be warranted and asked if any, consideration has been given to accommodating safety precautions for these type of uses. Mr. Pieri stated that some training schools do provide within themselves day care services. Their objective is to remain flexible and accommodate the various needs of their tenants and one way of doing that is by providing full-time security within the parking structure. The following individuals were present at the meeting and filled out a speaker slip indicating they were in support of the project, however, they declined to speak during public testimony: Chris Greenlee, Tony Neely, James Reid, Daniel Rosenberg, Tom Axsin, Paula Whitsell, Michael Gorski, Summer Scace, Dave Stanton, Salina Vijarro, Jen Moreno, Flor Peralta, Charles Felkins, Gaby Reyes, James Haug, Anthony Davis. 7:17:52 PM Jose Cortez, voiced his supports for the amendment to the Specific Plan and stated it was vital for the revitalization of western Chula Vista. 7:18:09 PM Leo Conde stated adequate traffic analysis was done and concluded that there are no significant impacts; he urged the commission's approval of the project. 7:20:18 PM Steve Estes, Executive Director for Third Avenue Village Assoc. read into the record a letter supporting the amendment to the Gateway Specific Plan to allow educational training stated it will lead to future development of this area. 7:21:34 PM Kevin O'Neill stated that amedical/technical training schools is an excellent choice because of the demand for trained professional in this field; he urged its approval. 7:23:43 PM Ricardo Muro, businessman wholeheartedly supports the amendment because it will bring revitalization to the downtown area by bringing feet to the street. 7:24:57 PM Gabe Gutierrez stated this project, specifically the training school, will be a great asset to the community and urged commission to vote for its approval. 7:25:51 PM Deacon Greg Smith at St. Rose Lima and member of TAVA reiterated their unanimous support and urged Commission's approval. 7:27:05 PM Riner Leal stated this is a no-brainer and allowing the completion of Gateway III is a win-win situation; jobs, training for our own people in medical field, and feet to the street. 7:28:41 . PM Patricia Aguilar representing Crossroads II stated they are not opposed to having a vocation school in Chula Vista and support redevelopment to the extent that it does not impose undue negative impacts on the adjacent neighborhood, however, they do have 13-14 Planning Commission Minutes - 5 - July 22, 2009 concerns in the following three areas: additional traffic generation and parking created by the school; the CEQA analysis does not address a ground to planned analysis and does not address current conditions on the ground; and are extremely disappointed that the sit-down restaurant is being eliminated because the original plan for Gateway was sold on the assumption that a restaurant would be added. Ms. Aguilar stated they would ask that staff work with traffic engineering to correct the incorrect parking assumptions and faulty CEQA analysis in the traffic report and look at this proposal again once that is completed. 7:37:24 PM Steve Power stated that pursuant to CEQA regulations an addendum may be prepared if minor technical changes or additions are necessary. None of the conditions described in State law calling for the preparation of a Subsequent EIR or Negative Declaration have occurred and in staffs opinion there are no real changes that would necessitate additional mitigation measures. Traffic is negligible and parking has been satisfied, therefore, the addendum is appropriate pursuant to State law. 7:38:28 PM Teresa Acerro stated she is concerned with placing a school in that location, which is a busy corner and is very disappointed that there won't be a sit-down restaurant. 7:42:32 PM Lisa Cohen, CEO Chula Vista Chamber of Commerce, voiced her support on behalf of their membership who support the Gateway project and change in the Specific Plan. She commended the applicant for investing in the development of Chula Vista and being a visionary in siting an educational institution that will train our future workforce in Chula Vista. 7:44:50 PM Earl Jentz address a couple of items of concern in the parking ratios and the way the DDA and resolution are written eliminating the restriction for educational uses. Close Public Hearing. The Planning Commission expressed an overall support of the project; thought the school use is a good choice for that location; are extremely disappointed about the sit-down restaurant going away and although they would have liked to have seen more in-depth traffic analysis, they are confident the recommended mitigation measures will address them, therefore, they collectively supported the amendment to the Specific Plan. 8:04:31 PM Cmr. Clayton stated that her office is in the vicinity of this .project and felt uncomfortable in voting on it, therefore, she recused herself from the dais. 8:06:31 PM MSC (Felber/Tripp) (6-0-1-0) that the Planning Commission adopt Resolution PCM 09-14 recommending that the City Council approve the ordinance for the Gateway Chula Vista Specific Plan Amendment. Motion carried with Cmr. Clayton abstaining. 13-15 ATTACHMENT 3 CVRC RESOLUTION 13-16 CVRC RESOLUTION NO. 2009-006 RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION RECOMMENDING THAT THE CITY COUNCIL (1) CONSIDER THE ADDENDUM TO MITIGATED NEGATIVE DECLARATION IS-99-24 AND (2) APPROVE AMENDMENTS TO THE GATEWAY CHULA VISTA SPECIFIC PLAN (PCM 00- 11) FOR 4.46 ACRES AT THE NORTHWEST CORNER OF "H" STREET AND THIRD AVENUE WHEREAS, the pazcel, which is the subject matter of this resolution, is represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description is located at the intersections of "H" Street and Third Avenue ("Project"); and WHEREAS, on April 23, 2009 a duly verified application for a Specific Plan amendment (PCM-09-14) was filed with the City of Chula Vista by Gateway Chula Vista 2, LLC, requesting approval of amendments to the Gateway Chula Vista Specific Plan; and WHEREAS, on July 22, 2009, a Planning Commission hearing time and place was set for said amendment and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS, a hearing at the time and place as advertised, namely July 22, 2009, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, was held before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission reviewed and considered the addendum to Mitigated Negative Declaration IS-99-24; and WHEREAS, the Planning Commission after considering all evidence and testimony presented recommended by a vote of 5-0-1-1 that the City of Chula Vista City Council approve the Specific Plan amendment (PCM 09-14); and WHEREAS, a hearing time and place was set by the Chula Vista Redevelopment Corporation 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, and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS, the Chula Vista Redevelopment Corporation held a duly noticed public hearing to consider said application at the time and place as advertised, namely July 23, 2009 at 4:00 p.m. in the Council Chambers, 276 Fourth Avenue, said hearing was thereafter closed. 13-17 CVRC Resolution No 2009-006 Page 2 NOW, THEREFORE, BE IT RESOLVED that the Chula Vista Redevelopment Corporation does hereby find, determine, and resolve as follows: A. ENVIRONMENTAL DETERMINATION That the Environmental Review Coordinator has reviewed the proposed project for compliance with .the California Environmental Quality Act ("CEQA") and has determined that the project was covered in previously adopted Final Mitigated Negative Declaration, IS-99-24. The Environmental Review Coordinator has determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document has occurred; therefore, the Environmental Review Coordinator has prepared an Addendum to Final Mitigated Negative Declaration, IS-99- 24, referred to as "Gateway Chula Vista: H Street and Third Avenue." B. CONSISTENCY WITH GENERAL PLAN That the proposed amendments to the Gateway Chula Vista Specific Plan aze consistent with the City of Chula Vista General Plan. The proposed amendments to allow educational and training uses, modify provisions for temporary and accessory uses and other miscellaneous amendments will not result in additional traffic generation nor demand for additional parking and are consistent with other types of uses currently permitted by the Specific Plan. BE IT FURTHER RESOLVED, that the Chula Vista Redevelopment Corporation, after considering all evidence and testimony presented, does hereby recommend that the City of Chula Vista City Council consider the addendum to Mitigated Negative Declazation (IS-99-24) and approve the Specific Plan amendment (PCM-09-14). BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City Council. Presented by: Approved as to form by Jim Sandoval Chief Executive Officer Bart C. Miesfeld General Counsel 13-18 CVRC Resolution No 2009-006 Page 3 PASSED, APPROVED, and ADOPTED by the Chula Vista Redevelopment Corporation of the City of Chula Vista, this 23rd day of July 2009, by the following vote: AYES: Directors: Munoz, Paul, Reyes, Salas, and Lewis NAYS: None ABSENT: Directors: Desrochers ABSTAIN: Directors: Flores Christopher H. Lewis, Chair ATTEST: Eric C. Crockett, Secretary STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Eric C. Crockett, Secretary of the Chula Vista Redevelopment Corporation of the City of Chula Vista, California, do hereby certify that the foregoing CVRC Resolution No. 2009-006 was duly passed, approved, and adopted by the Chula Vista Redevelopment Corporation at a special annual meeting of the Chula Vista Redevelopment Corporation held on the 23rd day of July 2009. Executed this 23rd day of July 2009. Eric C. Crockett, Secretary 13-19 EXHIBIT A 13-20 DRAFT MINUTES OF THE SPECIAL ANNUAL MEETING OF THE CHULA VISTA REDEVELOPMENT CORPORATION (CVRC) Date: July 23, 2009 4:00 P.M. The Special Annual Meeting of the Chula Vista Redevelopment Corporation was called to order at 4:03 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California CVRC ROLL CALL PRESENT: Directors: Paul, Flores, Munoz, Reyes, Salas, and Chair Lewis ABSENT: Director Desrochers ALSO PRESENT: Deputy City Manager/Development Services Director Halbert, City Attorney Miesfield, Redevelopment Manager Crockett, Principal Planner Power, Transportation Engineer Kaplan, Sr. Project Coordinator Do, and Senior Administrative Secretary Laughlin PLEDGE OF ALLEGIANCE, MOMENT OF SILENCE CONSENT CALENDAR 1. ELECTION OF CHAIR AND VICE-CHAII2 Director Salas nominated Chair Lewis to remain as chair for the coming year. The motion to confirm was made by Director Salas and seconded by Director Flores. Chair Lewis asked for nominations for Vice-Chair and nominated the incumbent, Director Paul. Director Salas stated that his nomination and motion was also include Director Paul as Vice-Chair. Motion to approve Chair and Vice-Chair carved unanimously. PUBLIC COMMENTS There were none. PUBLIC HEARINGS 2. PCM-09-14 CONSIDERATION OF AMENDMENTS TO THE GATEWAY CHULA VISTA SPECIFIC PLAN (PCM-00-I I) Gateway Chula Vista 2, LLC ("Gateway," the "applicant," or the "developer") is requesting an amendment to their Specific Plan in order to change the type and Page 1 of 5 CVRC -Minutes -July 23, 2009 13-21 DRAFT distribution of allowable uses within the project area covered by the Gateway Chula Vista Specific Plan. Principal Planner Power gave a PowerPoint presentation on Gateway Chula Vista 2 to include photos and conceptual plans. Planner Power provided the current Table 2 showing the existing permitted land use categories. He stated the principal purpose of the amendment was to add a new land use category i.e. educational and training schools. He then showed the Proposed Table 2 to include the educational and training school land use and specified that other provisions were being modified in the a) Accessory Uses and b) Temporary Uses to provide flexibility subject to the approval of the Director of Redevelopment. Planner Power then provided the Board with a pazking site plan which showed the existing shared parking plan and then an updated shazed pazking plan. The updated shared pazking plan was created after an analysis conducted by Urban Systems and is based on updated assumptions based in terms of land uses and total squaze footage. The parking analysis was explained and slides included charts on trip generation, elevation models and staff recommendation. The following people were present to speak: Steve Eastes (Tava), Patricia Aguilar (Crossroads II), Eazl Jentz (resident), Reiner Leal (Chula Vistans for Community Action), Tiffany Vinson (Chula Vistans for Community Action), Lisa Cohen (Chula Vista Chamber of Commerce), Kevin O'Neill (resident), Deacon Greg Smyth (Third Avenue Village Association & St. Rose de Lima). Others present but not wishing to speak: Juan Pablo Mariscal, Leo Conde, Jose Cortes, Cecilia Mesia, Ricardo Muro, and Richard D'Ascoli. There was an additional party wishing to speak that should have been covered under Public Comment, but the Chair allowed him to speak during this time. A packet of information was handed out to Board members. Antonio Munoz spoke/translated for Jose Munos on complaints of residents at the Edwazds Arms Apartments and the disagreements with owner Jim Pieri of Mountainwest Properties. Director of Development Services Halbert called the Board's attention to the fact that the addresses that the speaker was referring to are off-site to the project before the Board and that the project does not affect those properties. Another speaker on item #2, Frank Zurelli (resident) spoke on the traffic at intersections and the velocity requirements. His concern was that there was no room for aright-hand turn lane at Third Avenue and H Street. Chair Lewis deviated from the normal agenda to have staff reply to questions from the Board and the public. Director Reyes asked questions regarding a) net rental factor/reduction of square footage, 2) if the plan used the .82 increase or .21, 3) what happens to allotted parking if educational youth numbers increase or decrease and 4) are spaces to be marked or unmarked? There was also a question from Director Flores and Director Salas. Page 2 of 5 CVRC -Minutes -July 23, 2009 13-22 DRAFT Chair Lewis deferred to staff for answers. Traffic Engineer Kaplan referred to a book called Parking Generation which was put out by the Traffic Institute of Engineers and sited examples of how statistics were gathered and how the parking ratio/allotment was developed. Director Halbert, who was a former Traffic Engineer, also expounded on the use of the land for a technical college and also the parking allocations. Staff went on to answer the remaining questions presented by the Boazd. It was stated that mazking spaces for time limit would be appropriate, but that if it was marked per business it would not be shazed parking by definition. Director Paul had questions regazding if whether the DDA spoke to spaces being converted from non-paying to paid parking in the future and whether, with the upcoming environmental restrictions, that the trip generation could change. Principal Planner Power answered the questions and Director Munoz questioned the handicapped parking allotments. ACTION: Director Salas moved to adopt CVRC Resolution No. 2009-006 heading read, text waived: CVRC RESOLUTION NO: 2009-006 RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION RECOMMENDING THAT THE CITY COUNCIL (1) CONSIDER THE ADDENDUM TO MITIGATED NEGATIVE DECLARATION IS-99-24 and (2) APPROVE AMENDMENTS TO THE GATEWAY CHULA VISTA SPECIFIC PLAN (PCM-00-11) FOR 4.46 ACRES AT THE NORTHWEST CORNER OF "H" STREET AND THIRD AVENUE Director Munoz seconded the motion and it carved 5-0-1-1, with Director Desrochers absent and Director Flores abstaining. City Attorney Miesfeld clarified that the abstaining vote was not due to a conflict of interest. ACTION ITEMS 3. EIGHTH AMENDMENT TO THE GATEWAY DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) Sr. Project Coordinator Do gave a brief presentation and stated that the proposed actions aze to 1) allow educational and training uses, 2) remove the first class restaurant requirement and 3) to define the financial GAP formula for Phase III. Chair Lewis addressed Mr. Jenz and asked if he wished to speak because he had had a speaker slip on Items 2 and 3. Mr. Jenz advised Chair Lewis that his comments for Item 2 could be incorporated into Item 3. Director Salas presented a question regarding the matrix of percentages and asked how the GAP analysis would be formed. Questions were answered by Development Director Crockett. Page 3 of 5 1 3_23 CVRC -Minutes -July 23, 2009 ATTACHMENT 4 ADDENDUM TO MITIGATED NEGATIVE DECLARATION IS 99-24 13-24 ADDENDUM TO MITIGATED NEGATIVE DECLARATION IS-99-24 (Gateway Specific Plan) PROJECT NAME: PROJECT LOCATION: Gateway Specific Plan Amendment 333 H Street, Chula Vista, CA PROJECT APPLICANT: Mountain West Real Estate CASE NO: DATE: I. BACKGROUND IS-99-24 July 13, 2009 The purpose of this Addendum is to discuss proposed minor amendments to the previously adopted Gateway Specific Plan. The Gateway Specific Plan was originally approved by the City of Chula Vista in the year 2000. The specific plan calls for the construction of three Class "A" commercial buildings with associated parking structure. Included within the specific plan is a list of allowed and prohibited uses. Amendments to the Gateway Chula Vista Specific Plan would be made in order to allow educational and training uses, modify the provisions for temporary and accessory uses, and make other minor miscellaneous amendments. As the lead agency for the project under the California Environmental Quality Act (CEQA) (Pub. Resources Code, Sec. 21000 et seq.), the City of Chula Vista ("City") prepared and conducted an environmental analysis (Mitigated Negative Declazation IS-99-24) for the Gateway Specific Plan. Mitigated Negative Declazation IS-99-24 contains a comprehensive disclosure and analysis of potential environmental effects associated with the implementation of the Gateway Specific Plan project. The final MND was certified and the Gateway Specific Plan was approved by the Chula Vista City Council in December of 2000. The proposed specific plan amendment does not result in any new significant impacts beyond those previously identified in Mitigated Negative Declazation IS-99-24, nor an increase in severity of any previously identified impacts in Mitigated Negative Declaration IS-99-24. The environmental analysis presented in Mitigated Negative Declazation IS-99-24 addresses all potential impacts associated with the Gateway Specific Plan. Because the Gateway Specific Plan amendment would not result in any new potentially significant impacts, nor increase the severity of any impacts identified in Mitigated Negative Declazation IS-99-24, the project is considered to be adequately covered under Mitigated Negative Declaration IS-99-24. No further environmental analysis is warranted. 13-25 Addendum to Mitigated Negative Declazation IS-99-24 July 13, 2009 II. PROPOSED AMENDMENTS Section 2.0 of the Gateway Specific Plan titled "Land Use Regulations" outlines the various types of land uses which are permitted or not permitted within the project area. In addition to specifying categories of land uses, it also places further restrictions as to the maximum allowable size (square-footage) of these categories of land uses. The primary change requested by the applicant is to show the land use category "Educational & Training Schools" from a currently prohibited land use to a use that is permitted by right. Reductions in square footages of other categories have been made in order to accommodate this shifting of the available square-footage necessary to accommodate this newly permitted land use category. Subsequent to the preparation of the original Plan document, the applicant has increased the overall allowable building square-footage by approximately 15% as allowed per Section 6.7 of the specific plan. Thus, the revised square-footage table in the specific plan not only shows the new category of allowed land use distribution of squaze footages, but also incorporates the new larger total squaze footage allowed pursuant to Section 6.7 of the specific plan. The 15% squaze footage allowance was included in the updated traffic and pazking analysis performed for the specific plan amendment and has not resulted in any environmental impacts beyond those previously identified and mitigated in the project MND. The California Environmental Quality Act Guidelines (§15162) establishes the conditions under which subsequent EIRs and negative declazations shall be prepazed. A. When an EIR has been certified or negative declazation adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole public record, one or more of the following: 1. Substantial changes are proposed in the project which will require major revisions of the EIR or negative declazation due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions to the EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or negative declazation was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declazation; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; Addendum to Mitigated Negative Declaration IS-99-24 ~3~26 Addendum to Mitigated Negative Declaration IS-99-24 July 13, 2009 (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. B. If changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepaze a subsequent EIlt if required under Subsection A. Otherwise the lead agency shall determine whether to prepare a subsequent Negative Declazation, an addendum, or no further documentation (Guidelines § 15162). Section 15164 of the State CEQA Guidelines provides that: A. The lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for prepazation of a subsequent EIR have occurred. B. An addendum to an adopted negative declaration may be prepazed if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the prepazation of a subsequent EIR or negative declaration have occurred. C. An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declazation. D. The decision-making body shall consider the addendum with the final EIR or adapted negative declazation prior to making a decision on the project. E. A brief explanation of the decision not to prepaze a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's required findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence. This addendum has been prepared pursuant to the requirements of Sections 15162 and 15164 of the State CEQA Guidelines. The proposed specific plan amendment does not constitute a substantial change to the previously approved project. The proposed specific plan amendment. would not result in any environmental effects that were not previously considered in Mitigated Negative Declaration IS-99-24, nor would the changes increase the severity of any of the impacts identified in said MND. There has been no material change in circumstances relative to the project, and no new information of substantial importance has become available after the prepazation of the project MND. The mitigation measures identified in Mitigated Negative Declaration IS-99-24 would be equally applicable to the specific plan amendment. Therefore, m Addendum to Mitigated Negative Declaration IS-99-24 1327 Addendum to Mitigated Negative Declaration IS-99-24 July 13, 2009 accordance with Sections 15162 and 15164 of the State CEQA Guidelines, the City has prepared this Addendum. III. ANALYSIS Summarized below are issue areas potentially affected by the project. As the discussion outlined below indicates, however, the proposed specific plan amendment does not result in any impacts beyond those identified in Mitigated Negative Declaration IS-99-24. Land Use Compatibility The proposed specific plan amendment would not result in any physical changes to existing structures nor future structures to be built on site. Mitigated Negative Declaration IS-99-24 concluded that the Gateway Specific Plan was prepazed in accordance with Sections 65450- 65457 of the Government Code and Chapter 19A7 of the City of Chula Vista Zoning Ordinance. The specific plan and proposed amendments aze consistent with the goals and objectives of the Urban Core Specific Plan, as well as the General Plan. Traffic Circulation and Parking Tra zc A traffic and pazking study conducted by traffic engineering consultants Urban Systems Associates, Inc., dated July 9, 2009 was performed for the proposed specific plan amendment. The traffic and pazking analysis included all squaze-footage attributable to the site, inclusive of the 15% floor area increase allowed pursuant to the specific plan. The study compared average daily trips and peak hour trips for the project and concluded the following: • The total daily traffic is reduced from 9,939 trips to 9,298 trips. • Total AM peak hour traffic is increased by 43 trips. • Total PM peak hour traffic is reduced by 52 trips. The traffic analysis demonstrates that the proposed specific plan amendment would result in mostly favorable traffic impacts due to the reduction of total daily traffic by approximately seven percent. Although the AM peak hour trips are slightly higher with the specific plan amendment, the results of the traffic analysis in the approved traffic study for the Gateway project performed by BRW, Inc. on October 23, 2000, would not change. The City Traffic Engineer has determined that the existing level of service on H Street and Third Avenue, as well as intersection function at Third and H Street, is within City guidelines. Therefore, no new traffic impacts would result from the specific plan amendment, and the results of the original project traffic study remain valid. The city reviewed its Growth Management Oversight Committee (GMOC) roadway segments m the area and found none that were failing in the last year. The city found that the proposed Addendum to Mitigated Negative Declaration IS-99-24 ~ ~2$ Addendum to Mitigated Negative Declaration IS-99-24 July 13, 2009 changes to the land uses led to slight incremental increases to certain traffic volumes in the local azea. It was estimated that future peak period travel speeds in the study azea will continue to operate at adequate Levels of Service (LOS). Additionally, during review of the original traffic study, impacts to the intersection of H Street and Third Avenue were identified. However, mitigation measures remain in the Specific Plan's conditions of approval, which will reduce the traffic impacts to acceptable levels. Parlance The parking analysis performed by Urban Systems Associates, Inc., (dated July 9, 2009) addressed the provision of parking on the Gateway site. The Gateway Specific Plan utilized the Chula Vista Bayfront Land Use Plan (Chula Vista Municipal Code Section 19.85.008) as precedence for determining the parking requirements for the project. The Bayfront plan allows shazed pazking to be utilized where supported by appropriate studies. Per Municipal Code Section 19.85.008 the criteria and standards provided by the Urban Land Institute (ULI) should be utilized to assess pazking needs. The Chula Vista Gateway Specific Plan has incorporated this same criteria into its off street parking ratio requirements. The Specific Plan originally provided for a minimum of 1,117 pazking spaces on site based upon a previously adopted shared pazking agreement. This capacity has now been updated to reflect site design and land use changes and which now include 1,229 parking spaces. This updated figure is based upon information provided by the applicant in an updated traffic study. It should be noted that this study is based upon the revised distribution of land uses shown in Table 2 of the Gateway Specific Plan and the parking analysis. This includes the reduction in restaurant usage previously discussed. The original number (1,117 spaces) was achieved by performing a parking analysis (Appendix C of the original Gateway Specific Plan) considering the project's mix of uses, time of use, day of use, and seasonal demand. With the change in project land uses, the project's highest hourly demand for parking is now calculated in two stages. Two stages were required because the parking structure is presently two-thirds built. Therefore, the first portion of the parking study included the addition of educational land uses to the site as well as corresponding reductions in the remaining land uses for Phase I & II only. For this study period, the demand is approximately 699 spaces on weekdays while the supply consists of 981 pazking spaces providing for a surplus of 282 parking spaces at the end of Phase I & II. For the ultimate condition, that is, Phases I, II & III combined, 1,229 parking spaces will be provided for an estimated demand of 1,078 spaces, resulting in a surplus of 151 spaces. In order to accommodate the 1,229 parking spaces on site, the following parking space standard has been set for the Gateway Chula Vista Specific Plan. All parking spaces shall be a minimum width of 8.5 feet and all aisles 21 feet. The length of a parking space shall be 20 feet for standazd and 15 feet for compact. Based upon the above discussion, Section 4.7 of the Plan will be updated to reflect additional parking spaces which will be provided for the project. The total number of parking spaces to be Addendum to Mitigated Negative Declaration IS-99-24 1`~-29 Addendum to Mitigated Negative Declazation IS-99-24 July 13, 2009 provided will increase from 1,117 to 1,229. The updated breakdown of parking spaces between phases 1-3 is shown in revised Appendix C (see Attachment SB). IV. CONCLUSION Pursuant to Section 15162 and 15164 of the State CEQA Guidelines, and based upon the above discussion and substantial evidence in the record supporting said discussion, I hereby find that the proposed project will result in only minor technical changes or additions to Mitigated Negative Declaration IS-99-24, and, therefore, an Addendum has been prepazed in accordance with state law. phen P er, AICP Principal lznner Attachment 1 -Mitigated Negative Declaration IS-99-24 References: General Plan, City of Chula Vista Zoning Ordinance, Title 19/City of Chula Vista Gateway Specific Plan Addendum to Mitigated Negative Declaration IS-99-24 130-30 ATTACHMEN"t' C Mitigated Negative Declaration PROJECT NAME: Gateway Chula Vista: H Street and Third Avenue PROJECT LOCATION: 16 sepazate parcels at the northwest corner of Third Avenue and H Street in the city of Chula Vista ASSESSOR'S PARCEL NO.: 5681150-34 to 49 PROJECT APPLICANT: Gateway Chula Vista, LLC CASE NO: PCM-00-11 Date: October 23, 2000 A. Proiect Settine The proposed project site is located in the city of Chula Vista, the second largest city in the county of San Diego and the largest in the South Bay area. The city is located approximately six miles south of the city of San Diego's downtown core and approximately eight miles north of Tijuana, Mexico, and the international border (Figures 1 and 2).. The "Gateway Chula Vista" project site occupies the northwest corner of Third Avenue and H Street in the city of Chula Vista's urban cote. The site consists of 16 separate but contiguous parcels zoned for commercial and professional office use. Existing on-site uses include a flower stand lawn mower service, three office/professional buildings, print shop, furniture store, San Diego County Credit Union, and three single-family residences. Some of the parcels ate currently vacant or underutilized (Table 1).. Surrounding off-site uses to the east include atwo-story office building and Saint Rose of Lima Church and School complex. Located to the north and west are several complexes of two-story apartment buildings. Uses to the south of H Street and the site include government offices associated with the South Bay Courts, Sweetwater Authority offices, and medical offices.. Additional medical. professional, and financial service facilities aze located west of the development site along H Street.. ~/- i 9 13-31 13-32 Map Source: U.S.CcS. 7.5 Miaute topograP6ic maps, I IUloll National City and Imperial SeacL quadrangles ® ~ b FEET ZDDO 4000 R-IDS8E FIGURE 2 Project Vicinity 13-33 TABLE 1 EXISTING LAND USES Assessor Parcel No.. Existing Use _ Acreage Building Area 568-450-340 & 350 C..V.. Lawn Mower Repair' 0.31 1,000 s £ 568-450-3b0 & 360 Office building 0..34 7,000 s.f. 568-450.380 Eumie Inc. Print Shop 0.17 1,350 s.f. 568-450-390 Flower stand 0.17 9Z4 s,.f. 5681150-400 Furniture saleslwarehouse 0..63 12,000 s.f. 5681<50-410 Vacant 0.11 NA 560-450-420 Vacant 0.09 NA 568-450-430 San Diego County Credit 0..50 4,000 s.f. Union 568-450-440 H Sheet Plaza office bldg 0..38 8,500 sf. 568-4.50-450 Vacant 0.08 NA 568-450-460 Single-family residence 0.09 1,000 s,.f. 56850-470 Single-family residence 020 1,OOOs..f. 568-4501180 Single-family residence 0..23 1,000 s f. 568-450-490 Bahia Professional Center 1.3.3 5,400 s.f. 4 ~-a a 13-34 Approximately '75 percent of the proposed project site is located in Subazea 2 of the City's designated Town Centre I project area. The Town Centre I project azea encompasses the urban redevelopment azea as described in the Chula Vista Town Centre Redevelopment Plan and EIR. tinder the adopted redevelopment plan, the area is divided into three subazeas: Subazea l is the northernmost area and comprises the historic Central Business Ihstrict. Subazea 2 comprises a connector snip between the Central Business District and the H Street commercial complex. South of H Street is Subarea 3, the Courthouse Addition (Figure 3). The three I own Centre subazeas extend from E Street to I Street and generally from Fourth Avenue and the Civic Center to Del Maz Avenue at its widest expanse. The Town Centre project azea is planned for redevelopment consistent with the goals and vision outlined in the Town Centre Design Manual (City of Chula Vista 1980). B. Proiect Description Commercial Buildings The project proposes acquisition, demolition, and redevelopment of 16 separate but contiguous parcels that comprise the northwest corner of Third Avenue and H Street (Figure 4). These existing 16 assessor parcels within the project site will be consolidated into three legal lots. Each of the lots will contain one mid-rise commerciaVoffice building with a corresponding portion of'the parking snucture.. The proposed project has a combined total of 334,860 squaze feet of leaseable area on 4.46 acres. There will be two 6-story buildings that stand 86 feet 8 inches in height and one 5-story building that stands 72 feet 2 inches high. This is consistent with the City of Chula Vista's General Plan for chid- to high-rise development. The buildings will include the use of different facades to create azchitectura] variety and promote a pedestrian scale at street ]evel. Buildings will be separated by landscaped pedestrian passages to facilitate access between the buildings and H Street or the parking structure (Figure 5). Figure 6 shows an artist's rendering of the projeM from the intersection of H Street and Third Avenue. Pazking A four- or five-level, 1,117-space parking structure will be constructed along the north side of the buildings. The project provides two access driveways on Third Avenue, one access driveway on H Street, and a valeddrop-off loop on H Street. The use of nonexclusive center [rnn lanes on both H Street and Ihird Avenue will be provided into al] of the site access driveways (see Figure 5). the project's mix of uses creates a shared pazking scenario resulting in an excess of spaces at the highest hourly demand 0 5`" 13-35 J W W GJ I 1 w Vl i I 34 ' W a0 Q 49 48 A5 42 41 36 ~ i 36 ~ T C O ' ~ ~ 37 ~ I ~ t 43 ~ C I ~ ~ 48 47 I\J 38 I I I ' I I 39 1 ' 1 -._r«~.L..~ru Fi ST. CC Specific Plan Boundary o Source: Mooney & Assoc~ales 8/00 0 FEET f00 200 Il^ aoisee CC 'Centtat commercial zone CO Adtnmtstmtive and professional office wne COP Admioistrative and professtonat office zone with precise plan regwrement R3 ApaAment residential zone ~~ FIGURE 4 Existing Zoning and Parcel Map W W l~B""~` _ -_ --Mull-Level '-" - Pais-kl-ng Structure '- - -Sheet Level LOacYg Zore AcceSSed han Pcaprg ShuohN1__~di0l_-- ~i-' with Roo( ioP LonGscaP~9 r P~sible PedeslAan --.- -- 'Bridge IJrYOng euYdng to Soulh Bay Regbnal __ ---. _ cents Expansion s~.~.: r~x,..~.,av~ ~,~ /IC Nor ro scue ~^ xame TWO- and ltvee-Stay E#en4on ol8ulldhg 1 Incaporated hto Parking Shucture ~' '-- ;ourryard ~ - ~ Valei POrklrg pop•Off ~ CourNad a_. ------- --~ _ H Sheet--..__. _.-.-- oiNeway Accessing ~ Reserved Pa~kirg N C ~~ i~ ~~ ~ III Second Level Courtyad pNeway Accessng Generd Perking -Comer Na=a ~ ~ ~ I ~/- zG FIGURE 5 Development Concept Plan W w ...... tia 11T1~ 1'11'1'1 '1'1 ~ ~1111)it 111 .. -, .~: , „~ ~~,~ ~~ -: ..,_ ~, Source: Mooney & Assocseles R/00 flE~~N FIGURE 6 n Fsar !oo zoo Perspective from Intersection of H Street and Third Avenue Ra~axe Project Phasing The Gateway Chula Vista project will be constructed in three phases as shown on Figure 7. Phase 1 of the project will redevelop the eastern area; Phase ?, the central area; and Phase 3, the western azea of the project site. It is possible that a combination of the project's phases may be constructed simultaneously depending on funne mazket demand. Ihscretionazy Approvals the following permits aze required for project implementation: • Specific Plan for the Gateway Chula Vista project, • General Plan Amendment to the Circulation Element to reclassify H Sheet from asix-lane major street to a four-lane major skeet east of Fourth Avenue to Third Avenue. Lead Agency In conformance with Section ]5050 and 15367 of the California Environmental Quality Act Guidelines, the City of Chula Vista will be the "lead agency," which is defined as the "public agency which has the principal responsibility for caztying out or approving a project." Responsible Agencies Regional Water Quality Control Boazd (National Pollutant Dischazge Elimination System permit) C_ Comoatibiliri with Zonins and Plans Zoning T'he Gateway Chula Vista Specific Plan has been prepared in accordance with Sections 65450-65457 of the Government Code and Chapter 19.D7 of the City of Chula Vista Zoning Ordinance. The two underlying zones on the site from east to west aze CC-Cenual Commercial Zone and CO-Administrative and Ptvfessional Office Zone (see Figure 4).. The specific plan's regulations and guidelines are compatible with the underlying zoning for the area, including minimum Sot sizes, building heights, and setback requirements in order to enhance the community character of the area. 1D cl.z8 13-40 W General Plan and Land Use Element The City of Chula Vista initiated a General Plan Amendment to reclassify H Street east of Fourth Avenue to Third Avenue from asix-lane to a four-lane major street in the City of Chula Vista's General Plan. The adopted Chula Vista Genera] Plan currently classifies H Street as a six-lane major' street along the project frontage.. This classification for H Street was established in the 1989 General Plan Update and Final F.IR based on ttaffic projections at Utat time. The current traffic analysis for the Gateway Chula Vista project has indicated that acceptable roadway operations can be provided on H Street with the existing four-lane section of H Street (BRW Inc- 2000). The Gateway Chula Vista Specific Plan complies with all the applicable goals, objectives, policies, and guidelines of the Chula Vista General Plan. Redevelopment of the site with high-quality commercial and office uses as well as a landscaped corner plaza, streetscapes, and courtyazds will act as a catalyst for the Town Centre redevelopment azeas. In addition, redevelopment will increase the employment bases of Chula Vista's urban core. Circulation Element Designations The Gateway Chula Vista redevelopment site is located approximately halfway between Interstate 5 (I-5) and Interstate 805 (I-805). The project provides two access driveways on Third Avenue, one access driveway on H Sneer, and a valeUdrop-off loop on H Street.. The use of nonexclusive center turn lanes on both H Street and Third Avenue will be provided into all of the site access driveways Currently, H Street is classified as a six-lane major street in Chapter ?, Section 5.4, of the Chula Vista General Plan from i-5 to I-805.. Major streets are designed to carry high volumes of traffic and serve to distribute traffic to and from the freeway system. A General Plan Amendment to reclassify H Street from asix- lane to a four-lane major street east of Fourth Avenue to Ihird Avenue has been initiated by the City of Chula Vista. In the General Plan, afour-lane major street should be 80 feet wide in100 feet of right-of-way and provide fom through lanes, a 16-foot-wide median left-nun lane, and 8-foot curbside parking or bike lanes.. H Street currently has two through lanes in each direction and varies in width from 62 to 10.3 feet in the project vicinity, with parking allowed mid-block on both sides of the street. The traffic analysis included the AM and PM peak traffic generated by [he Scripps Hospital expansion and the South Bay Regional Center expansion. The average navel speeds and corresponding segment levels of service with project buildout az'e expected to decrease from existing speeds by no more than 3 8 miles ,~ ~-30 13-42 per hom' (mph) doting the AM peals and 24 mph doting the PM peak. This will be in compliance with the acceptable level of service (LOS) of C or better.. The northbound approach to the intersection of H Street and Third Avenue will experience LOS F delays at the PM peak due to the proposed project and the expansion of the South Bay Regioval Center or other similaz projects.. However, without expansion of the South Bay Regional Center, the intersecfion of H Street at Ihird Avenue would operate at LOS D in the PM peak. Iherefore, no improvements to existing intersection geomettics aze required at the intersection of H Street and Third Avenue until the expansion of the Soudt Bay Regional Center occurs or any other future project that will impact this intersection occurs. The project buildout traffic volumes were compared to Year 2020 traffic volumes generated by the SANDAG Series 9 TRANPLAN regional forecasting model and virtually no increase in the study area traffic volumes by the Yeaz 2020 was anticipated. The traffic analysis for the Gateway Chula Vista groject has indicated that acceptable roadway operations, with buildout of all known projects in the study area, can be provided on H Street with the existing four-lane section. Existing intersection and geometry and traffic control is sufficient to provide acceptable LOS D operations during the AM and PM peak hours, except for the intersection of H Street and Third Avenue. A northbound right-turn lane will be necessary to accommodate the combined increase in traffic caused by the expansion of the South Bay Regional Center and consnuction of the proposed project; however, it should only be constructed in conjunction with the South Bay Regional Center expansion or any other future project that will impact the intersection. This would facilitate traffic flow and improve overall intersection operations. Pedestrian circulation will flow through the courtyaz'ds and building entrances along H Street. the primary building entrances are located on the second floor, which is connected to the pazking saucture.. Public Facilities Growth Management Th.°sholds There will be adequate water, sewer, and solid waste facilities to serve the project site. Pacific Waste Inc.. is ctrrrendy contracted by the City of Chula Vista to dispose of all solid waste materials within the city boundaries, They have indicated that tbey can provide service to the project site up to seven days a week, it needed. Solid waste from the proposed project will be trucked to the Otay Landfill, which is estimated to have capacity to receive solid waste for the next 25 years.. The Sweetwater Authority provides water services to the proposed project and has determined based on fire flow requirements and projected land use that sufficient supplies of water aze planned to be available. No new sewer improvements az'e necessary other than conjnvction of six-inch sewer laterals to 13 ~~ 3 r 13-43 each building. A sewage participation fee will be paid to the City for each phase of the project at the time of connection to the public sewer.. At present, the sewerage participation f'ee for the project is $2,220..00 per 83..16 equivalent dwelling units.. Assuming the same rate for all three phases, the project will generate just over $184,615..20 by completion.. The proposed project would redevelop the existing site, which is primazily covered with paving or similaz impervious surfaces, and will retain the existing drainage structures in the area. Redevelopment of the site is not expected to increase the rate of runoff of the site; however, the following will be required with the first submittal of the improvement/grading plans: (1) a hydraulic study to show that the postdevelopment flow rate does not exceed the predevelopment flow rate and (2) incorporation of drainage facilities into the desio t. The Gateway Chula Vista Specific Plan proposes that no hazardous waste materials will be generated at the project site, other than a potential for small amounts of medical wastes which will be disposed of in accordance with applicable local, state, and federal regulations. Therefore, the proposed redevelopment will comply with all the goals and objectives of the public facilities that serve the project site. The traffic thresholds will not be exceeded due to the proposed project except at the intersection of H Street and Third Avenue; however, this intersection's thresholds will only be exceeded at Phase i of the proposed project and development of the South Bay Regional Center of other similar projects.. All other project study area roads will operate at an acceptable LOS C or better and intersections will operate at an acceptable LOS D or better at project buildout. The H Street and Third Avenue intersection will drop to LOS E during the PM peak bouts. The northbound approach to this intersection will experience LOS F delays, resulting from the combined increase of traffic from the proposed project and the South Bay Regional Center expansion.. A separate analysis of project buildout conditions without development of the South Bay Regional Center expansion indicates that the intersection of H Street and Third Avenue would operate at LOS D doting the PM peak.. Construction of a northbound tight-turn lane will be necessazy to accommodate the combined increase in traffic caused by the expansion of the South Bay Regional Center and construction of the proposed project; however, it should only be constructed in conjunction with the South Bay Regional Center expansion or any other future project that will impact the intersection. This would facilitate traffic flow and allow for all intersections in the study area to operate at LOS C or better at non-peak hours and IAS D during peak hours of the day, which ate consistent with the City's threshold standards. 14 ~-3a 13-44 D. Identification of Environmental Effects An Initial Study conducted by the City of Chula Vista (including an attached Environmental Checklist Fotm) detetmitted that the proposed project could have a significant environmental effect, but that the effects would be mitigated by the measures incorporated into the project. Therefore, preparation of an environmental impact report will not be required.. This Mitigated Negative Declaration has been prepazed in accordance with Section 15070 of the State (.'EQA Guidelines. E. Mitieation A discussion of potentially significant impacts from the proposed project and mitigation measures to reduce these impacts to below a level of significance is provided below.. BRW, Inc. prepared a traffic study to determine the environmental effects of a commercial development of this nature on the redevelopment azea. This and the adopted planning and environmental documents applicable to site development are available for review at the City of Chula Vista Community Development Depaztment, located at 430 Davidson Street. Suite B, Chula Vista, California 91910. Noise Section 19.68.030 of the City of Chula Vista Noise Ordinance limi[s noise levels on weekdays to 60 A-weighted decibels [dB(A)] from 7 a.M. to 10 P.rn.. (8 A.M. to 10 P.M. on weekends) and 50 dB(A) from -10 P.M. [0 7 A..M. (10 P.M, to 8 A.M. on weekends). Normal operation and maintenance of the commercial buildings is not anticipated to result in noise levels that would exceed these standards. The project design incorporates an enclosed storage azea, off-street loading spaces, an interior loading dock, and trash enclosures to mittimize the impacts of noise.. The parking strucnu~ will be consnucted adjacent to existing multi-family residential on the west and north. In some azeas, the minimum separation between the residential structures and the parking structwe will be approximately ZO feet. Activities in the portions of the suvcture that may remain open after 10 r.M. have the potential to exceed the nighttime noise ordinance standazd. Additionally, car alazms and power sweeping of the structure are potential sources of nuisance noise.. Therefore, the following measures will be incorporated into the project to lessen the noise impacts to below a significant level: [) Access to upper levels of the parking structure will be closed between the hours of 7:00 P..M. and 7:00 A.M. t0 lirrtit potential noise impacts to neighboring properties.. ~. r,33 15 13-45 2) The north and west areas of the pazking structure will be closed at the levels that remain open during the evening and nighttime hours. 3) Power' sweeping of the structure will be limited to the hours of '7 A.M. to 10 P.M.. on weekdays and 8 A,M. to 10 P M. on Saturdays and will be prohibited on Sundays. During construction, equipment would generate temporary noise. At times these temporary noise level increases could be significant at the adjacent residential structures. Although construction and demolition activities aze not subject to the exterior noise requirements of Municipal Code Section 19..68.030, restricting the construction activities to weekdays and Saturday only during the daytime hours (7:00 A..M. to 7:00 P..M.) would mitigate the temporary noise increases due to construction below a level of significance. Incorporation of these measures, as well as compliance with the general noise ordinance standazds, will ensure that no significant noise impacts will occur. Transnonationlfraffic The City of Chula Vista's Threshold Standazds Policy requires that all inter- sections must operate a[ LOS C or better, with the exception that LOS D may occur during the peak two hours of the day at signalized intersections. Project Direct Impacts A traffic study was prepared for the proposed project in September 2000. The project study area was approximately 2.5 miles long, with the H SneeUThud Avenue intersection located approximately 1.1 miles east of I-5 and 1.4 miles west of I-805. The traffic analysis included the AM and PM peak traffic generated by the Scripps Hospital expansion and the South Bay Regional Center expansion, The project was assumed to be three commercial buildings using 334,860 square feet on the 4.46-acre project site.. T'he proposed project type was calculated to add 879 peak AM hour tries (766 inbound/113 outbound) and 1,084 peak PM hour trips (348 inboundl736 outbound) to the city strroet system. The combined peak period nips contributed by the project (1,963 nips) are estimated to be 15 percent of project average daily traffic (ADT) contributed to the system.. Neaz'-Term Cumulative the project study at'ea roads consisted of H Street between I-5 and I-805 and Third and Fourth Avenues between E Sneer and J Street, All project study azea roads will operate at an acceptable LOS C or better and all study azea roadways I6 ~ 3 13-46 and intersections will operate at acceptable LOS D or better with the exception of the intersection of H Street and Third Avenve. This intersection will drop to LOS E doting the PM Peak hours based on cumulative impacts, The northbound approach to this intersection will experience sOedS Fro ett and then5ouroh Bay combined increase of traffic from the propo p j Regional Center expansion or other sitnilaz' projects All other approaches to this intersection will operate at LOS D for two hours or less.. A separate analysis of project buiIdout conditions without development of the South Bay Rcgional Center expansion indicates that the intersection of H Street and Third Avenue would operate at LOS D dining the PM peak. Construction of a northbound right- mtn lane will be necessity to accommodate the combined increase in traffic caused by the expansion of the South Bay Regional Center and construction of the proposed project; however, it should only be constructed in conjunction with the South Bay Regional Center expansion or any other future project that will impact this intersection. This would facilitate traffic flow and allow for all intersections in the study area to operate at LOS C or better at non-peak hoot's and LOS D during peak hours of the day. In order to mitigate this impact, prior to the issuance of a building permit for the thud phase of the project, the developer shall post a cash deposit in an amount equal to the entire cost of providing aright-mrn-only lane at the northbound approach of Third Avenue and H Street.. The cost of the right-turn-only lane shall include all direct and indirect costs associated with acquisition of right-of-way, cleating, demolition, and reconstructing of existing public and private improvements and the design and construction of the lane to the specifications to be established by the Director of Public Works. These costs shall be as determined solely by the Director of Public Works. The City shall use its best efforts to ensure that other' projeczs that have been determined to signi£candy conhibute to the impact at this intersection shall contribute [heir proportional fair' share into a reimbursement district fund.. In getting reimbursement, the City will determine the proportional share of the project to detetrnine the reimbursement amount („xe determined, the fair-share contribution will represent each project's entire contribution and additional contributions shall not be secured by the City. A four- or five-level, 1,117-space pazlcing structure will be constructed along the north side of the buildings. The project p[ovides two access driveways on Third Avenue, one access driveway on H Street, and a valeddrop-off loop on H Street. The project's mix of uses creates a shared parking scenario resulting in an excess of spaces at the highest hourly demand. The analysis of the site access driveways indicates that there will be sufficient gaps in traffic to allow vehicles to enter and exit the p['oject site. There will be 17 T_j`j 13-47 acceptable delays to vehicles entering and exiting the site without the need for signalization at any of the site driveways, provided that the following measures aze implemented: 1. Left turns out of the H Street driveway may be prohibited under projec[ buildout conditions. Traffic will exit onto Third Avenue and then proceed left onto H Street.. 2.. Left-tutu storage will be provided at all site driveways where feasible, to remove left-turning vehicles from the through travel lanes. 3. The existing movement of haffic onto H Street from the site will be permitted prior to buildout of the project. Continuous monitoring of traffic operations a[ this site driveway will be required dwing interim time frame to determine the future implementation of appropriate traffic control. City engineers will determine if a siamtal is wazranted with futttre redevelopment of the South Bay Regional Center or other' similar projects and will reevaluate the need for a signal when more specific information is known about the site plan 4, All access driveways will be constructed to connect the on-site (internal) circulation system to both Ihitd Avenue and H Street under interim development conditions associated with Phases 1 and 2. Long-Term Cumulative Impacts The project buildout traffic volumes were compared to Yeaz' 2020 traffic volumes generated by the SANDAG Series 9 TRANPLAN regional Forecasting model to determine whether additional background traffic is anticipated in the area by the year 2020. It was found that the estimated ADT volumes at project buildout aze greater than the Yeaz 2020 ADT volumes estimated by the SANDAG model.. Therefore, study azea levels of service in the Yeat 2020 are not anticipated to decrease below the levels associated with buildout of the proposed redevelopment project (BRW 2000) F• Consultation Individuals and Or~attizations City of Chula Vista: Brian Hunter, Planning and Environmental Manager Byron Estes, Community Development Benjamin Guerrero, Environmental Manager Marilyn Ponseggi, Environmental Review Coordinator la ~-3~0 13-48 Ralph Leyva, Senior Civil Engineer Dino Serifini, Civil Engineer Applicant's Agent: Tom McCabe, McCabe Haztis Architects 2. Dowments The following documents used doting the prepazation of the initial study/enviromnental checklist are available for review at the City of Chula Vista Community Development Department, located at 430 Davidson Street, Suite B, Chula Vista, California 91910. BRW, Inc. 1999 H Street Traffic Operations Analysis in the City of Chula Vista. .June. 2000 Gateway Project Traffic Study in the City of (.'hula Vista. September. California Air Resources Board 1998 Emission Inventory 1996.. Prepared by Technical Support Division, Emission inventory Branch.. October.. Chula Vista, City of 1978 General Plan.. 1980 Town Centre Design Manual.. 2d ed. (January 1980).. 1989 Chula Vista General Plan, July 1989.. Update_ 1996 Draft Subarea Plan -Multiple Species Conservation Program. 2000 Specific Plan for the Gateway Chula Vista Redevelopment Project. Geocon Incorporated 1999 Phase 1 Environmental Site Assessment for Gateway Chula Vista, Chula Vista, Califorrda. November.. 2000 Geotechnical Investigation for Gateway Chula Vista, Chula Vista, California, August. Mooney and Associates 2000 P.rchaeological Investigation of the Gateway Chula Vista Redevelopment Project. Letter to Mr'. Brian Hunter, September 7. 19 ~-37 13-49 San Diego, County of 1992 1991/1992 Regional Air Quality Strntegy. Air Pollution Control District...June. 1996 Integrated Waste Management Plan. San Joaquin Valley Unified Air Pollution Control Disnict 1999 URBIIVII57G Computer Program User's Guide and program, version 3..2. September 28.. 3. Initial Srudv This environmental determination is based on the attached Initial Study, any comments received on [he Initial Study, and any comments received doting the public review period for this Mitigated Negative Declazation.. The report reflects the independent judgment of the City of Chula Vista. Further information regazding the environmental review of this project is available from the Chula Vista Cotnmunity Development Depamnent, 430 Davidson Street, Suite B, Chula Vista, CA 91910,. 20 ~-3$ 13-50 ATTACHMENT SA Land Use Regulations: Education and Training Use Temporary and Accessory Uses Section 2.1 Section 2.1, Table 2 Section 2.2 Section 2.3 Section 2.4 Section 2.5 13-51 2.0 LAND USE REGULATIONS 2.1 Introduction The project's list of uses allowed and prohibited on-site has been prepazed in accordance with the Disposition and Development and Owner Participation Agreement (DD&A) entered into and between the City of Chula Vista Redevelopment Agency and Gateway Chula Vista, LLC. Since the Gateway Chula Vista project has been designed as an interrelated and cohesive development, the Specific Plan applies one single zone to the entire site. Urban Commercial Zone. The goal of the Urban Commercial Zone is to provide an azea for complementary and mutually reinforcing officers, restaurants, and retail commercial business that serve workers and residents of the urban core, the City of Chula Vista, and the surrounding region. In cases where the Specific Plan is mute, the Director of the Redevelopment Agency shall rely on the shall rely on the underlying CO and CC zoning to provide guidance in making this decision. The Specific Plan's land use distribution is provide on Table 2. This table establishes the total amount of azea allocated for each of the principal uses and provides a conceptual distribution of uses per phase. Retail and service uses have been combined in this table in order to comply with the combined limits set by the DD&A. It is important to stress that since all future tenants could not be identified at this state in the project's development; the distribution of uses between the three buildings is conceptual only and may change. However, the totahverell amount of space allowed allecated per Table 2. Land Use Plan and Conceptual Distribution Building Lot Building Office Retail & Restaurant 'Educational & Phase Size Size Uses Service Uses Uses : & Training '. Schools* 1 1.4 acres oven "c ~y.SBOs}' ~n~~,,n "a }~gt~p~ ', 20,000 sf .' (02;329 sf 62,D24 sf 14,000 s£ 6,300 sf 2 1.52 acres ~23 -188;8S0-sf -1 X543-,.f "n non "o '. 2p,000 sf ` 132;334 sf 40,789 sf 14,825 sf i,720 sf 3 1.42 acres , no~x c ..F o, arc ..a , < o~,~n ..c ~ ni~.,.,~a .None 140;500 sf { 30,440 sf 10,06i1'sf None Streets 0.12 acres Total 4.46 acres "^~o~" °` °"~-o"` "` '°~` "` 2&000sf 4Q000 sf 375;163 sf 283,258sf 43,8&Ssf 8,020sf *maximum 600 students and'SO staff 2.2 Principal Uses The following are the principal uses permitted within the Urban Commercial Zone. A. Professional and Administrative Offices. Uses allowed within this designation shall be primarily devoted to professional and administrative offices and personal services, rather than for sale of commodities. These uses shall be allowed on floors two and higher. Offices space shall be used for the following. Gateway Chula Vista Specific Plan (PCM-0O-I l) is 13-52 1. Administrative and Executive Offices, including institutions of a philanthropic or eleemosynary nature. 2. Professional Offices, for accountants, azchitects, attorneys, consultants, engineers, insurance agencies, planners, credit bureaus, collection agencies, and real estate offices; 3. Medical and dental offices, including oculists, chiropractors, and other practicing healing arts for human beings. 4. Any other compazable use approved by the Director of the Redevelopment Agency. B. Retail Commercial. Retail commercial uses shall be allowed only on the first and second floors of the project and are primarily intended to provide commodities. Retail commercial uses shall include but not limited to the following: 1. Art Galleries and Studios; 2. Apparel and Shoe Stores; 3. Bakery, Candy, and Confectioneries Stores; 4. Books, Gigs, and Stationary Stores; 5. Cigaz Stores and Smoking Lounges; 6. Florists 7. Jewelry Stores 8. Toy Stores 9. Any other compazable use approved by the Director of the Redevelopment Agency. C. Services. Uses allowed within this designation shall be primarily intended to provide specialty services for persons working in the immediate azea of the project and residents within the entire City of Chula Vista. Service uses may include but not be limited to the following: 1. Financial Offices, including Banks, Savings and Loans, and Financial Brokerage Offices; 2. Related commercial uses incidental to offices, including real estate offices, travel agencies, beauty salons and day spa, childcaze, full service laundry and dry cleaner business with off-site cleaning plants, pharmacy, and public/private postal services and facilities. 3. Any other comparable use approved by the Director of the Redevelopment Agency. D. E. 2.3 Accessory Uses Gateway Chula Vista Specific Plan (PCM-00-11) Is 13-53 Restaurants. Restaurant uses permitted within the Gateway Chula Vista Specific Plan shall be primarily associated with the provision of food and beverages and may include nightclubs and cocktail lounges. Restaurant uses shall be located only on the first and second floors of the primary buildings. Except they may be allowed on the top floor if approved by the Director of Redevelopment Agency. A. Incidental Storage Facilities. The use of storage facilities shall be limited to file storage resulting from the conduct of an existing and permitted use on-site. Storage facilities shall be entirely enclosed and shall be limited to only areas within the pazking structure. B. Roof-mounted Satellite Dish Antennas. Only roof-mounted satellite dish antennas will be allowed when they comply with the Specific Plan's Development Standards and Section 19.22.030F of the City of Chula Vista Zoning Ordinances. C. Wireless Communication Facilities. Wireless communication facilities shall be allowed on rooftops and faces if connected from view and incorporated into architectural design. D. Kiosks. The use of retail and informational kiosks shall be allowed except within the public right-of-way. E. Outdoor Dining Areas. These accessory uses shall be allowed when they are associated with a permitted Restaurant Use on-site, provided the size and design of these uses comply with the requirements and conditions of the Specific Plan's Development Standards and all applicable health codes. Outdoor dining areas will be encouraged and may occupy up to 50 percent of the total encompassed within each of the project's courtyards. No kitchen equipment shall be installed in the courtyards. However, the outdoor seating areas may contain portable heaters, umbrellas, awnings, and canopies. F. Car Detailing. Mobile caz detailing will be allowed only within the project's parking garage in designated pazking spaces. G. Other Uses. 2.4 Temporary Uses All temporary uses must be reviewed and' approved': by the Director of khe Redevelopment Agency subject to two weeks notification.>` 2.5 Prohibited Uses The following is a list of uses expressly prohibited on-site A. Car washes (except for car detailing) and gasoline sales; B. Industrial uses; C. Coin-operated Laundromats, coin-operated dry cleaners, laundry and/or dry cleaner plant operations D. Manufacturing uses; E. Warehousing and wholesale uses (not including discount or off-price stores which are classified as a retail use discussed above).. F. Cazd rooms Gateway Chula Vista Specific Plan (PCM-00-11) 16 13-54 r r a t a t, t t n _ a r ti, t Czr3iom2r".r. H. Auto parts and/or accessories sales, motor vehicle repair, service or installation of any auto and other vehicles related parts or accessories; and I. Arcades, virtual reality, laser tag and related amusement businesses; and J. Drive-through fast food restaurants; K. Adult businesses or adult bookstores L. Other uses deemed unacceptable by the Director of the Redevelopment Agency. Gateway Chula Vista Specific Plan (PCM-00-1 l) n 13-55 ATTACHMENT SB Section 4.7 Off Street Parking Appendix C Shared Parking 13-56 4.6 Lighting Streetlights shall be placed approximately 75 feet apart and a minimum of two and one-half feet back of the curb face measured to the center of the pole shaft. Photo electric control units shall be used to operate the street light system. All other light sources within the project shall be shielded in such a manner that the light is directed away from the streets, adjoining properties, and the sky. Illuminators shall be integrated within the azchitecture of the buildings and landscaping. The intensity of light at the boundary of the Specific Plan shall not exceed seventy-five (75) foot lamberts from a source of reflected light. 4.7 Off Street Parking The Gateway Chula Vista Specific Plan shall provide a total of t~ 'a~.' ;:: pazking spaces on-site, in accordance with the required pazking ration of one space per 300 s.f. of floor azea. This pazking ratio is recommended by the Urban Land Institute for shared pazking projects, such as Gateway Chula Vista. The pazking analysis provided in Appendix C demonstrates that the project's mix of uses and operating hours will create a shared pazking demand that can be easily accommodated on-site. Specifically, the pazking analysis considered the project's mix of uses, time of us, day of use, and seasonal demand. It determined that the projects highest hourly demand for pazking will be approximately 3-997'x(8 spaces at 2:00 p.m. on weekdays. Given the Specific Plan requirement for a total of ~-Fa.~r~ pazking spaces, the project is expected to have an excess of 29 ~5~ pazking spaces during meet peak demand pazking periods. In order to accommodate the t~ I,22h pazking spaces on-site, the following specialized parking space standazd has been set for the Gateway Chula Vista Specific Plan. A. Standard Spaces. All standazd pazking spaces aze required to be a minimum of 8.5 feet wide and 20 feet long. B. Compact Spaces. All compact spaces are required to be a minimum of 8.5 feet and 15 feet long. No more than 55% of the project's total pazking spaces shall be compact spaces. C. Aisles. All aisles shall be required to be 21 feet wide. ti, n ,.t.. a., ,.,r D. Off-Street Loading Spaces. od2Er,-1 ~ t~ ~ a on 'ta~ o ..a .. _...... e.. a FC C. rn..:L1:.... All commercial vehicles will use the off-street loading spaces to be provided wrthm the street level of the pazking structure, immediately behind Building 2. The street level parking structure shall be a minimum of I S feet cleaz in height to accommodate delivery trucks. Siting the off-street loading spaces within the pazking structure. ensures that adjacent residences will not be adversely affected by noise and views commonly associate with such activities. Gateway Chula Vista Specific Plan (PCM-0O-I t) 30 13-57 EXISTING APPENDIX C GATEWAY CHULA VISTA APPENDIX C SHARED PARKING ANALYSIS May 15, 2009 1 able A - 76,775 sf of gross office area 0.83 Net rentable factor 38,085 sf of gross retail area 0.95 Net rentable factor 20,000 sf of gross area 0.95 Net rentable factor Total Square Feet: 276,775 Office 38,085 Retail 20 000 Rest'nt 334,860 Total Table B -Peak Parking Demands Per Use Type: Office: 3.3 spaces per 1,OOOsf GLA Weekdays 0.5 spaces per 1,OOOsf GLA Saturdays 758.09 spaces 114.86 spaces Retail: 3.8 spaces per 1,OOOsf GLA Weekdays 137.49 spaces 4.0 spaces per 1,OOOsf GLA Saturdays 144.72 spaces Restaurant: 20 spaces per 1,OOOsf GLA Weekdays 380.00 spaces 20 spaces per 1,OOOsf GLA Saturdays 380.00 spaces Table C -Summary of Shared Peak Parking Demands: Scenario HOURLY demand SEASONAL demand Analysis: The project's peak parking demands were first calculated for each of the three use types based on the Urban Land Institute (ULp net rentable factors (Table A) and demand ratios (Table B). Since the project's uses have varied operating characteristics and hours, the total parking demands were then determined using the ULI shared parking ratios for highest hourly and seasonal demands. Table C shows that the project's mix of uses creates a shared parking scenario resulting in an excess of 20 spaces at the highest hourly demand (Weekdays; 2pm) an excess of 43 spaces at the highest seasonal demand period (December; Weekdays; 2pm). The tables on the following pages provide the calculations for these parking demands. Table D demonstrates that the project's three use types will have staggered highest hourly demand periods. This staggering provides the opportunity for the project to successfully function with a total of 1,117 spaces and demonstrates that the Gateway Chula Vista Specific Plan standard of one parking space per every 300 square feet of floor area is acceptable. Project Program and Cumulative Parking Demand 13-5 8 OS/15/2009 GATEWAY CHULA VISTA SHARED PARKING ANALYSIS Table D -Hourly Demand Percentages Per Use TyF 7 am 20% 20% 8% 30% 2°/ 2% 8 am 63% 60% 18% 10% 6% 3% 9 am 93% 80% 42% 30% 10% 6% 10 am 80% 68% 45% 20% 8% 11 am 871 73 % 30°/ 10 i ~ ~..,.., anw 97% 86% 50 % 30 2 pm 97% 60%~ 97% 60%~ 45% 4 nm 93 % 40% ~ 95% 60% 45 5 pm- 47% 20% 79% 76% 70%I 6U% r F nm 23% 20% 82% 65% 90% 90% 7pm 7% 20% 89% 60% yb~° 8 pm 7% 20% 87% 55% 9 pm 3% 0 % 61 % 40% 10 om 3% 0% 321 38% 90% 96%_ 13 Table E -Number of Spaces Required based upon Hourly Demantls based upon Peak Demand 13-5 9 Recommended demand based upon use and hour of day. 05/15/2009 Spaces needed to meet HIGHEST hourly demand Spaces Required based upon 2pm Peak and Seasonal Percentage :es Required based upon f pm Peak Seasonal Percentage Mar ch -- 735 93 205 1034 March ~ 682 96 239~~ 1018 01 yes Required based upon tlam Seasonal Percentage Spaces Required based upon 12pm Peak and Seasonal Percentage so needed to meet highest hourly and seasonal demand Hourly Demands basetl upon Peak Demand 13-60 05/15/2009 PROPOSED APPENDIX C PART 1 OF 1 GATEWAY CHULA VISTA APPENDIX C SHARED PARKING ANALYSIS 9-1u1-09 7ahla A - Protect Proeram fExistine Gateway I and II + surface lot) Office 152,818 sq. k. of Gross area Total square Feet: 0.83 NM flen[able Factor 126,839' ib. k.. of GIA 152,818 Office Retail 33,825 sq. ft of Grass area 33,825 Retail 0.83 Net Rentable Factor 28,075, iq.k of GL4. - 8,020 Restaurant Restaurant 8,020 sq. ft. of Gross area d0~000 Educational 0.95 NeI Rentable Factor ],619 iq::ft o! GL4 234,663 Total Educational 40,000 iq. k. of Gross area 0.83 Net Rentable Factor 33,200. sq: k. of GLA 234,663 sq. k. Total Gross Area 195,733 sq. k. Tp[aI GIA Table B -Peak Parking Demands per Use Type: Office 3.3 spaces per 1,000 sq. k GLA an Weekdays 419 spaces _ 0.5 spaces per 1,000 sq. k, GtA on Saturdays _ 63 spaces Retail 3.8 spaces per 1,000 sq. k. GLA On Weekdays 107 spaces 4.0 spaces per 1,000 sq. k. G1A an Saturdays 112 spaces Restaurant 20 spaces per l,OW sq. ft. GlA an Weekdays 152 spaces 20 spaces per 1,000 sq. ft. GIA on Saturdays 152 spaces Educational 0.21 spaces per student (600 students/50 sfaff)Weekdays 13] spaces O spaces per student (600 students/SO SIaff)Weekdays spaces table C - Summary of Shared Peak Parking Demands: Parking Provided' Parking Req'd Parking Scenario Under Parked Over Parked 1981 699:'.. Highest HOURLY demand `282 690 Highest SEASONAL demand -'291 Existing Parking Calculation: Existing Gateway) Parking Structure 3R Parking Spaces Existing Gateway ll Parking Structure 552 Parking Spaces Existing Surtace Parking LOt (future Gateway 111 site) 57 Parking Spaces Total .:981 Existing Parking Spaces Analysis The prajeR's peak parking demands were first calculated for [he three use types (Office, Retail & Restaurant) based on the Urban Land Institute (ULI) net rentable factors (Table AI and demand ratios (Table Bl. The Educational Use tlemand was based on 600 enrolled students+SO staff for a total of 650. The 650 was multiplied x.21 Average Peak Period Parking Demand per page 130 of the ITE Parking Generation Manual, 3rd Edition. Since the project's uses have varied operating characteristics and hours, the Total parking demands were then determined using the ULI shared parking ratios for highest hourly and seasonal demands forthe Offce, Retail and Restaurant uses. The Educational Use used the RE Weekday Data for Junior/Community College Per<en[ of Peak Period parking data. Table C shows [ha[ the ProjeR's mix of uses creates a parking scenario resulting in an excess of 282 parking spaces at the highest hourly demand (Weekdays; 2:00 PMI, and an excess of 291 spaces is provided at the highest seasonal demand period (December; Weekdays; 2:00 PM) The tables on the following pages provide the calculations for these parking demands. Table D demonstrates that the project's four use types will have staggered highest hourly demand periods. This staggering provides the opportunity for the project to successfully function with a total of 981 parking spaces and demonstrates that the Existing project provides adaquate parking for the proposed uses. 13-61 Table D -Hourly Demand Percentages Per Use Type HOUr of Offtce Retail Restaurant Educat ional Oay Week Sat Week Sat Week Sat. Week Sat. 6:00 AM 3% D% 0% 0% 0% 0% 0% 0% 7:00 AM 20% 20% 8% 30% 2% 2% ]96 0% 8:00 AM 63% 60% 18% 10% 5% 3% 54% 0% ' 9:00 AM 93% 80% 42% 30% SO% 6% 82% 0% 10:00 AM 100% 80% 68% 45% 20% 8% '100% 0% 11:00 AM I00% :100% 87% Ti% 30% 30% ]8% 0% 12 noon 90X -`<''- 300% 97% 85% 50% 30% ]6% 0% 1:00 PM 90% 80% -7.-rJ 100% 95% 70% 45% 75% 0% 2:00 PM 97% 60Y 97% --s 100% 60% 45% 72% 0% 3:00 PM 93% 40% 95% ..: `100% 60% 45% fi3% 0% 4:00 PM ]]% 40% 87% 90Y= 50% 45% 48% 0% S:DD PM 47% 20% 79% 75% 70% 60% 56% 0% 6:00 PM 23% 20% 82% 65% 90% 90% 69% 0% - - -""7fOD76n 7% - ~20% - 89% ~ -60% f100% -' - 95% 69% 0% - B:00 PM ]% 20% 87% 55% .. .100% i; -100% 0% 0% 9:00 PM 3% 0% 61% 40% 100% ':. ..100% 0% 0% 10:00 PM 3% 0% 32% 38% 90% 95% 0% 0% 11:00 PM 0% 0% 13% 13% 70% 85% D% 0% 12 mid. 0% 0% 0% 0% 60% 70% 0% 0% Tahle E - Number of Spaces Required based upon Peak Demand and Hourly Percentages Hour of Office Re[ait Restaurant Educational Totals Oay Week Sac Week Sat Week Sac Week Sat. Week Sat. 6:00 AM 13 - - 13 - 7:OOAM 84 13 9 34 3 3 10 105 49 8:00 AM 264 38 19 11 B 5 74 - 364 54 9:00 AM 389 51 45 34 15 9 112 - Sfil 94 10:00 AM 419 51 73 51 30 12 137 - fi68 113 11:00 AM 419 63 93 82 46 15 106 - 664 161 12 noon 37] 63 103 95 76 46 104 - 660 205 1:00 PM 377 51 107 107 107 fig 102 - 692 22fi 1100 PM 3:00 PM a06 389 38 25 103 101 112 112 9L 91 -' 69 69 98 86 - 699 668 119.. 206 4:00 PM 322 25 93 101 76 69 66 - 55] 195 5:00 PM 197 13 84 84 107 91 ]6 464 188 6:00 PM 96 13 8] ]3 13] 13] 94 - 415 223 7:00 PM 29 13 96 67 152 145 94 - 371 225 8:00 PM 29 13 93 62 152 152 - - 274 227 9:00 PM 13 65 45 152 152 230 197 10:00 PM 13 34 43 137 145 184 187 11:00 PM 14 15 107 130 - - 121 144 12 mid. 76 107 - 76 30] Spaces needed to meet HIGHEST hourly Demand - 699 13-62 Table F-Seasonal Percentages Per Use Type Month Office Retail Restaurant Education January 100% 66% BO% 100% February 100% 66% ]S% 100% March 100% 70% 90% 100% April 100% 70% 90% 1W% May 100% ]0% 95% 100% June 100% 75% 100% 100% July 100% 76% 100% 100% August 100% ]9% 86% 100% September 100% 75% 80% 100% OROher 100% I6% 60% 300Y= November 100% 80% 80% 100% December 30D% 100% 90% 500% Spaces Required based upon 2 PM Peak and Seasonal Percentages MbBih' - Offce -" Retail fte3tauPaht Education Totals --- Spaces Required based upon 1 PM Peak and Seasonal Pe rcentages Mbb[H - - Office -- Retail"- _-- Restaurant Educ00dn-- Td[81s January 406 67 73 98 645 January 377 fig 85 102 634 February 406 67 69 98 640 Fehruary 377 fig 80 102 628 March 406 72 82 98 659 March 37] 75 96 302 650 April 406 ]2 82 98 659 April 37] ]S 96 102 650 May 406 ]2 8] 98 664 May 37] 75 101 102 655 June 406 ]8 91 98 673 June 37] BO 30] 102 666 July 406 78 91 98 673 July 377 80 107 102 666 August 406 78 78 98 660 August 377 80 91 102 650 September 40fi ]8 ]3 90 655 September 3]] 80 86 102 644 OROber 406 ]8 73 98 655 October 37] 80 86 102 644 November 406 83 73 98 660 November 377 85 85 102 650 Decetn8er, ~ 406; I03 82 '98 690 December 377 107 96 102 682 Spaces Required based upon 11 AM Peak and Seasonal Percentages Month office Retail Restaurant Education Totals Spaces Required based upon 10 AM Peak and SeasonalPercentages Month Offce Retail Restaurant Education Totals January 419 60 3] 106 622 January 419 a7 24 137 627 February d19 60 3a 106 620 February 419 47 23 137 625 March 419 65 41 106 631 March 419 51 27 13] 633 April 419 65 41 106 631 April 419 51 2] 13] 633 May 419 fib 43 106 633 May 419 51 29 137 635 June 419 70 46 lOfi 640 June 419 54 30 137 640 lu ly 419 70 46 lOfi 640 July 419 54 30 137 640 Au ust 419 70 39 106 634 August 419 54 26 137 635 September 419 ]0 37 106 631 September 419 54 24 137 634 October 419 70 37 106 631 Oc[aber 419 54 24 137 636 November 419 74 37 106 636 November 419 58 24 137 637 December 419 93 41 106 659 December 419 ]3 2] 13] 655 Spaces needed to meet HIGHEST hourly and seasonal demand ;. .:690 13-63 PROPOSED APPENDIX C PART 2 of 2 GATEWAY CHULA VISTA APPENDIX C SHARED PARKING ANALYSIS 9-1u1-09 Table A -Project Program (Gateway I, II and III) Office 280,758 sq. k. of Gross area Total Square Feet: 0.83 Net Rentable Factor 233,029 sq. ft. of GLA 280,758 Office Retail 46,385 sq. ft. of Gross area 46,385 Retail 0.83 Net Rentable Factor .38,500 sq. ft: of GL4 e,@0 Restaurant Restaurant 8,020 sq. ft of Grosz area 400_00 Educatonal 0.95 Net Rentable Factor 7,614 sq. ft. bf'GIA 375,163 Total Educational 40,000 sq. ft. of Gross area 0.83 Nei Rentable Fattor ':33,200 50. ft.. of GUS 3]5.163 sa. ft Total Gross Area 312,348 sq. ft. Total GL4 Table B -Peak Parkine Demands per Use Type: Office 3:3 spaces per 1,000 sq. ft. GLA On Weekdays 7fi9 spaces 0.5 Spaces per 1,000 sq. ft. GLA On Saturdays 117 spaces Retail 3.8 spaces per 1,000 sq. k. GLA On Weekdays 146 spaces 4.0 Spaces per 1,000 sq. k. GL4 on Saturdays 154 spaces Restaurant 20 spaces per 1,000 sq. ft.GN on Weekdays 152 spaces 20 spaces per 1,000 sq. ft GLA on Saturdays 152 spaces Educational 0.21 spaces per student (600 studentr/50 staff)Weekdays 137 spaces O spaces per student (600 students /50 staff)Weekday5 - spaces l'ahle c -Summary of Shared Peak Parkine Demands: Parking Parking Under Over Provided" Req'd Parking Scenario Parked Parked 1,229 '. 1,078 Highest HOURLY demand 151 Q,068 Highest SEASONAL demand ':=161 Existing Parking Calculation: Existing Gateway I Parking Structure Existing Gateway II Parking Structure Gateway III Parking Structure Total Analysis: 372 Parking Spaces 552 Parking Spaces 305 Parking Spaces 1,229 Existing Parking Spaces The project's peak parking demands were first calculated for the three use types (Offce, Retail & Restaurant) based on the Urban Land Institute (ULI) net rentable factors (Table A) and demand ratios (Table B). The Educational Use demand was based on 600 enrolled students i 50 staff far a total of 650. The 650 was multiplied x.21 Average Peak Period Parking Demand per page 130 of the ITE Parking Generation Manual, 3rd Edition. Since the project's uses have varied operating charatterstia and hours, the total parking demands were then determined using the UU shared parking ratios for highest hourly and seasonal demands for the Office, Retail and Restaurant uses. The Educational Use used the ITE Weekday Data for luniar / Community College Percent of Peak Period parking data. Table C shows that the Project's mix of uses creates a parking scenario resulting In an excess of 151 parking spaces at the highest hourly demand (Weekdays; 2:00 PM), and an excess of 161 spaces is provided at the highest seasonal demand period (December; weekdays; 2:00 PM) The tables on the fallowing pages provide the calculations for these parking demands. Table D demonstrates that the project's four use types will have staggered highest hourly demand periods. This staggering provides the opportunity for the project to successfully function with a total of 1,229 parking spaces and demonstrates that the Garyeway Chula Vista Specif c Plan standard of one parking space per every 300 square feet of floor area is acceptable. A shared parking analysis done for the existing Gateway I & II phases determined that an excess of 282 spaces is provided during the highest hourly demand (Weekdays; 2:00 PM) and an excess of 291 spaces was provided aC the highest seasonal demand period (December; Weekdays; 2:00 PM). During construction of the Gateway 111 Office huilding and parking structure 57 surface parking spaces used in the analysis will be lost. Therefore, during construction of Gateway III an excess of 225 spaces will he provided at the highest hourly demand period and an excess of 234 spaces will be provided during the highest seasonal demand period. 13-64 Table D - Hourly Demand Percentages Per Use Type Hour of Office Re tail Restaurant Educational Oay Week Sat Week Sat. Week SaC Week Sat. 6:00 AM 3% 0% 0% 0% 0% 0% 0% 0% 7:00 AM 20% 20% 8% 30% 2% 2% 7% 0% 8:00 AM 9:00 AM 63% 93% 60% 80% 18% 42% SO% 30% 5% SD% 3% 6% 54% 82% 0% 0% 10:00 AM 11:00 AM 100% .100% 80% 100% 68% 87% 45% 73% 20% 30% 8% 10% :100% 78% 0% 0% 12 noon 1:00 PM 90% 90% 100% 80% 97% :: -100% 86% 95% 50% 70% 30% 45% 76% 75% 0% 0% 2:00 PM 3:00 PM 97% 93% 60% 40% 97% 95% - 100% ': 100% fi0% fi0% 45% 45% R% 63% 0% 0% 4:00 PM 77% 40% 87% 90% 50% 45% 48% 0% 5:00 PM 47% 20% _ 79% _. 75% . 70% 60% 56% D% 6:00 PM 23% 20% 82% 65% 90% 90% 69% 0% 7:00 PM 7% 20% 89% 60% "::'. lpp% 95% 69% 0% 8:00 PM 7% 20% 87% 55% 300% -: 100% 0% 0% 9:00 PM 3% 0% 61% 40% '.r 100% '100% 0% 0% 10:00 PM 3% 0% 32% 38% 90% 95% 0% 0% 11:00 PM 0% 0% 13% 13% 70% 85% 0% 0% 12 mid. 0% 0% 0% 0% 50% 70% 0% 0% Table E - Number of Spaces Required based upon Peak Demand and Hourly Percentages Hour of OfFce Retail Resta urant Educational Totals Oay Week Sai. Week Sat. Week Sat. Week Sat. Week Sac 6:00 AM 23 _ _ _ 23 - 7:OOAM 154 23 12 46 3 3 10 - 178 73 8:00 AM 484 70 26 15 8 5 74 592 90 9:00 AM 715 93 61 46 15 9 112 904 149 10:00 AM 7fi9 93 99 69 30 12 137 1,035 175 11:00 AM 769 117 127 112 46 15 106 1,048 244 12 noon 692 117 142 131 76 46 104 - 1,014 293 1:00 PM 692 93 146 146 107 69 102 - 1,047 308 !2:00 PM Z46 70 142 154 91 ':.69 ': 98 1,078 '. `292 3:00 PM 715 47 139 154 91 69 86 - 1,032 269 4:00 PM 592 47 127 139 7fi 69 66 861 254 6:OD PM 3fi1 23 116 135 107 91 76 - 660 230 6:00 PM 177 23 120 100 137 137 94 528 2fi1 7:00 PM 54 23 130 92 152 145 94 - 431 260 8:00 PM 54 23 127 85 152 152 - 333 2fi0 9:00 PM 23 89 62 152 152 - 265 214 10:00 PM 23 47 59 137 145 - - 207 203 11:00 PM 19 20 107 130 - 126 150 12 mid. - 76 107 - - 7fi 107 Spaces needed to meet HIGHEST hourly Demand ..1;078 13-65 Table F -Seasonal Percentages Per Use Type Mon[h ice Retail Restaurant Educaton January 100% 66% 80% 100% Fehruary 100% 69% 79% 100% March 100% 70% 90% 100% April 100% 70% 90% 100% May 100% 70% 95% 100% June 100% 76% 100% 100% July 100% 76% 100% 100% August 100% 79% 86% S00°h September 100% 79% 80% 100% OROber 100% 79% 80% 100% November 100% 80% 80% 100% December Y00% 100% `i 90% " ''100% Spaces Required based upon 2 PM Peak ~~~ - - andSeasonalPercentages - -~- Spaces Required based upon 1 PM Peak - - -- -- an Seasona Percen ages Month Office Retail Restaurant Education Totals Month Office Retail Restaurant Education Totals January 746 92 73 98 1,010 January fi92 95 85 102 975 February 746 92 69 98 1,005 Fehruary 692 95 BO 102 970 March 746 99 82 98 1,026 March 692 102 96 102 993 April 746 99 82 98 1,026 April 692 102 96 102 993 May 746 99 87 98 1,030 May 692 102 101 102 998 June 746 106 91 98 1,042 June 692 110 107 102 1,011 July 746 lOfi 91 98 1,042 July 692 110 107 102 1,011 August 746 lOfi 78 98 1,@8 August fi92 110 91 102 995 September 746 106 73 98 1,024 September 692 110 85 102 990 October 746 106 73 98 1,024 OROber 692 110 85 102 990 Navem ber 746 114 73 98 1,031 Navem her 692 117 86 102 997 December 746 - 142 ' 82 98 '1;068 Decem her 692 146 96 102 1,037 Spaces Required based upon 11 AM Peak and SeasonalPercentages Spaces Required based upon 10 AM Peak and Seasonal Percentages Month Offire Retail Restaurant Eduction Totals Month Office Retail RestauranC Education Totals January 7fi9 83 37 106 995 January 769 65 2a 137 995 February 769 63 34 106 992 February 769 65 23 137 993 March 769 89 41 106 1,006 March 769 70 27 137 1,003 April 769 89 41 106 1,006 April 769 70 27 137 1,003 May 769 89 43 106 1,008 May 769 70 29 137 1,004 June 769 95 46 106 1,017 Lune 769 75 30 137 1,011 July 769 96 46 106 1,017 July 769 75 30 137 1,011 August 769 99 39 106 1,010 August 769 75 26 137 1,006 September 769 95 37 SOfi 1,007 September 769 76 26 137 1,004 October 769 9S 37 106 1,007 October 769 75 24 137 1,004 November 769 102 37 106 1,014 November 769 80 24 137 1,009 De<emher 769 127 41 106 1,044 December 769 99 27 137 1,032 Spaces needed to meet HIGHEST hourly and seasonal demand '.. 1,068 13-66 ATTACHMENT 5C Section 4.8 Circulation Section 5.5 Streets 13-67 4.8 Circulation The Gateway Chula Vista Specific Plan shall have two ingress and egress points. The primary access point shall be from H Street at the southwestern comer of the site. Both access points shall directly lead into the project's parking structure. Thus creating an internal circulation system, which runs behind the project's three primary buildings, between the southwestern and the northwestern comers of the site via the parking structure. Pedestrian circulation will enter the project site from the cour2yazds and building entrances along H Street. Primary building entrances aze from the second floor of the pazking stmcture into major two story space. An additional access route is envisioned via a pedestrian bridge crossing H Street and linking one eF-five of the Gateway Chula Vista buildings to the future expansion of the South Bay Regional Center The pedestrian bridge will directly access the second floor of the buildings ~?~?esternmos~~uilcTing providing a link between the project's offices and fiiture courthouse expansion. It should be noted that the pedestrian bridge is not a necessary component of the Gateway Chula Vista Specific Plan and subject to further review by the City. If it becomes appazent that such a bridge is impractical or economically infeasible, the Gateway Chula Vista Specific Plan may be implemented without construction of the pedestrian bridge. Gateway Chula Vista Specific Plan (PCM-0O-I l ) if 13-68 To aid the City in the cost of processing sewerage generated by the project, a sewage participation fee shall be collected for each phase of the project at the time of connection to the public sewer. The current fee is $2,220.00 per Equivalent Dwelling Units (EDU). The fee is prorated using the following formula for commercial projects based on Equivalent Fixture Units (EFUs). (Total EFUs x 14 GPD)/ 265 GPD x $2,220 =Total Sewage Participation Fee Credits for existing sewer facilities shall be factored into the based upon chart provided in Appendix E. 5.4 Solid Waste The City of Chula Vista currently contracts with Pacific Waste Inc. to dispose of all solid waste materials within the City boundaries. Pacific Waste has indicated that they can provide service to the Gateway Chula Vista project up to seven days a week, if desired. Solid waste generated by the City of Chula Vista is currently trucked to the Otay Landfill, which is estimated to have capacity to receive solid waste for the next 25 years. Currently, the City requires 50% of materials generated on-site to be diverted to a recycling center. Pacific Waste Inc. provides recycling services for cazdboazd, paper, glass and aluminum. Future tenants of the Gateway Chula Vista project shall be required to contract with Pacific Waste or another private entity for their recycling needs. 5.5 Streets The City of Chula Vista initiated a General Plan Amendment (GPA) concurrently with the processing of the Gateway Chula Vista Specific Plan. The purpose of the GPA was to reclassify H Street from a six lane collector to a four lane collector road in the Circulation Element. A traffic study was prepazed for the GPA, which forecasted traffic volumes at buildout for the Specific Plan, the South Bay Regional Center expansion and the Scripps Hospital expansion. The study area included the following roadway segments: 1) H Street between Interstate 5 and 805; 2) Fourth Avenue between E Street and I Street; and 3) Third Avenue between F Street and I Street. The study determined that the Gateway Chula Vista project would generate an additional 8~9 ~'~ trips in the AM peaks and X084 ~~tY~Z trips in the PM peak hours. This was a conservative estimate since the traffic study did not remove the existing trips associated with the uses currently on-site. The traffic study concluded that "widening of H Street to six lanes I not required to accommodate the increase in traffic at project buildout "This was based upon the determination that future peak period travel speeds in the study azea will continue to operate at Level of Service (LOS) C or better. Impacts to the intersection of H Street and Third Avenue were identified. However, mitigation measures have been included in the Specific Plan's conditions of approval, which will reduce the traffic impacts to acceptable levels. Gateway Chula Vista Specific Plan (PCM-00-11) 13-69 ATTACHMENT SD Section 1.7 Section 2.1, Table 2 Section 6.2 Exhibits 6 and 7 13-70 1.7 Development Concept and Design Principals The Gateway Chula Vista project has been designed to be one of Chula Vista's premier commercial sites. It consists of three Class "A" commercial buildings totaling "^~_ - ° s,, and a 1~'F caz parking stmcture. The project is intended to infuse the azea with a high intensity urban level of activity by providing space for a variety of corn_mercial uses, such as restaurants, professional ~~-.:~ _ ~" a er services. The main buildin facades will be offices, retai] shops, ~a-~=.=~e~ b~'u ~ ~~ g oriented towards H Street and Third Avenue. However, use of landscaping, paving, and public art will invite the public into the project's interior courtyards and encourage pedestrian access to the parking structure at the rear of the site. The intersection of H Street and Third Avenue will also be improved as a comer plaza with urban amenities. This will create a dynamic focal point for the site, surrounding neighborhood, and the southern portion of the Town Centre I Redevelopment Area. The existing 16 assessor pazcels within the project site will be consolidated into 3 legal lots prior to building permit. Each of the lots will contain one commercial building and a corresponding portion of the parking structure. The first building shall be located at the eastern end of the project site, fronting on both Third Avenue and H Street. The building shall be approximately ~I99 12 square feet in size and shall be five stories, except for atwo-story portion extending in front of the eastern end of the pazking structure. The purpose of this extension is to: 1) screen views of the pazking structure; 2) enhance the urban experience along the project's entire Third Avenue frontage; and 3) emphasize the projects connection with the existing Town Cenffe area. The second and cenffal building will be a maximum of six stories and up to -1~9;6~5 '~~f~~# square feet in size. Two restaurants shall be allowed on the street level of this building, with direct access to both of the project's courtyards. The third building located on the western end of the site shall also be six stories and approximately }$&}3~ ~ squaze feet. The multi-level pazking structure will be fully integrated into the project's azchitecture and screened from view. It will include an enclosed storage azea, off street loading spaces, and flash enclosures to serve the project. A potential pedestrian bridge crossing H Street is also envisioned. The bridge would link the second steries ' of the project's eentFal 2$tetig~,}??S~ building to the future expansion of the court house complex located at the South Bay Regional Center, directly south of the project site. Exhibits 6 and 7 present the preliminary development concept for the Gateway Chula Vista Specific Plan. Future development of the site will be required to conform to this concept plan and strictly adhere to the land use regulations, development standazds, and design guidelines to follow. However, it is reasonable to anticipate that the need for deviations may become evident as the design, market needs, and construction progress. In that case, the Substantial Conformance Regulations included in the Implementation Section of the Specific Plan maybe used. Gateway Chula Vista Specific Plan (PCM-00-11) 13-71 2.0 LAND USE REGULATIONS 2.1 Introduction The project's list of uses allowed and prohibited on-site has been prepazed in accordance with the Disposition and Development and Owner Participation Agreement (DD&A) entered into and between the City of Chula Vista Redevelopment Agency and Gateway Chula Vista, LLC. Since the Gateway Chula Vista project has been designed as an interrelated and cohesive development, the Specific Plan applies one single zone to the entire site. Urban Commercial Zone. The goal of the Urban Commercial Zone is to provide an azea for complementary and mutually reinforcing officers, restaurants, and retail commercial business that serve workers and residents of the urban core, the City of Chula Vista, and the surrounding region. In cases where the Specific Plan is mute, the Director of the Redevelopment Agency shall rely on the shall rely on the underlying CO and CC zoning to provide guidance in making this decision. The Specific Plan's land use distribution is provide on Table 2. This table establishes the total amount of area allocated For each of the principal uses and provides a conceptual distribution of uses per phase. Retail and service uses have been combined in this table in order to comply with the combined limits set by the DD&A. It is important [o stress that since all future tenants could not be identified at this state in the project's development; the distribution of uses between the three buildings is conceptual only and may change. However, the totahverell amount of space allowed alleested per lar,tt vice cate¢nrv . '--ml~,.~d~ase as-wifl as irtdicated iti the table belay shall notbe exceeded be Table 2. Land Use Plan and Conceptual Distribution Building Lot Building Oftice Retail & Restaurant 'Educational & Phase Size Size Uses Service Uses Uses !. & Training ~ Schools* .,. l 1.4 acres 9~-1-00-sf ~6~00-sf ''" x~" '` ^Io<. o-~-~ =•~~"°'' 20,0€10 sf . 102;329 sf 62,029af 14,000'~sf 6,300 sf 2 1.52 acres -F2s1,62-5 4-08;080-sf X345-sf °" "~" "` 120,000 sf . 132;334 sf 90,789 sf t9,825 sf '.1,720 sf 3 L42 acres , "e-.~-~x c _~ o, o~c "o }c "e~~ "F *~"• o,,~-fs,,,,--°'' None 140;500 sf 130,440 sf 10,060 sf None Streets 0.12 acres Total 4.46 acres 334;869s€ °"~.,''c "` 1Q "~a~~c "` 2A;000s€ 40,1)00 sf 375i63sf 283,2~8sf 43,885'st 8,020sf *maximumb00 students~aud50staff 2.2 Principal Uses The following aze the principal uses permitted within the Urban Commercial Zone. A. Professional and Administrative Offices. Uses allowed within this designation shall be primarily devoted to professional and administrative offices and personal services, rather than for sale of commodities. These uses shall be allowed on floors two and higher. Offices space shall be used for the following. Gateway Chula Vista Specific Plan (PCM-00-11) l4 13-72 6.0 IMPLEMENTATION 6.1 Introduction The actual construction envisioned in this Specific Plan shall be undertaken by the Developer. The City of Chula Vista shall have the important role of ensuring that the development follows the provisions outlined in this plan. 6.2 Development Phasing Development of the Gateway Chula Vista Specific Plan will be completed in three phases to ensure construction of necessary infrastructure and amenities for each phase at the project progresses. The Conceptual Phasing Plan (Exhibit 14) depicts the currently anticipated mazket demand for commercial development. It is possible that a combination of the project's phases, such as Phase 1 and 2 or Phase 2 and 3, may be construction simultaneously depending upon future market demand. Listed below are the key features of each phase: • Phase 1: Construct 9 ~-190 ©~,~2`~~sf building at southeastern comer of project site. Construct associated portion of pazking gazage and ramps, with temporary walls at the eastern end to provide screening and a finished appearance. Construct permanent access driveways onto Third Avenue. Construct temporary access driveway onto H Street west of building. Construct public right-of--way improvements only within Phase 1 boundary. Construct and install comer plaza landscaping. • Phase 2: Construct d~3 3sf building on central portion of project site. Construct associated portion of pazking gazage and ramps, with temporary walls at the eastern end to provide screening and a finished appearance. Construct temporary H Street driveway & remove temporary driveway. Construct/install courtyazd landscaping between Buildings I and 2. • Phase 3: Construct 49&,4-33 t4~t~Q4sf building at southeastern comer of project site. Constmct associated portion of pazking garage and ramps. Constmct permanent H Street driveway & remove temporary driveway. Constmct public right-of-way improvements only within Phase 3 boundary. Constmct/install courtyazd landscaping between Buildings 2 and 3. 6.2 Development Phasing With the approval of the Gateway Chula Vista Specific and implementing permits, the developer shall be entitled to construct, lease and/or sell the three Class "A" commercial buildings described within this document, provided all of the Specific Plan regulations, standard, and guidelines aze Gateway Chula Vista Specific Plan (PCM-0O-I I) ~a 13-73 Cz~f',r~lridil6 PROPOSED v ti street ~ieva~tiiou PROPOSED C-~t~hil>it T ATTACHMENT 6 OWNERSHIP DISCLOSURE FORM 13-76 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 inicrmation 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. Gateway Chula Vista, LLC Gateway Chula Vista 2, LLC Gateway Chula Vista 3, 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. Coast Pacific Properties, LLC Sames V. Pieri, member LLC n ~ c ~~ o ti, C t1-uTa tT• r n M~ ~aA~ent, 3. If any person' identifed pursuant to (1) above is anon-profit organization or trust, list the names of any person serving as director of tha 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. Cortes Communications, LLC 5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chula Vista as it relates to this contract within the past 12 months. Yes_ No % 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 membe(? 13-77 pa t twelver(12)emonths? (Ths3noludesnbengoa sourcel of i aometomoneyl tolretore aelegal debthgft~lloan, etc.) Yes _ No X If Yes, which official" and what was the nature of item provided? Gateway Chula Vista, LLC ~~ Gateway Chula Vista 2, LLC & Gateway Chula Vista 3 Date:_ gif ntr Ctor/A licant LLC Print or type name of Contractor/Applicant Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. Official includes, but is not limited to: Mayor, Council member, Chula Vista Redevelopment Corporation member, Planning Commissioner, member of a board, commission, or committee of the City, employee, or staff members. September S, 2006 13-78 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE GATEWAY CHULA VISTA SPECIFIC PLAN (PCM-00-11) FOR 4.46 ACRES AT THE NORTHWEST CORNER OF THE INTERSECTION OF "H" STREET AND THIRD AVENUE L RECITALS A. Project Site WHEREAS, the area of land, which is the subject of this Ordinance is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, and commonly known as Gateway Chula Vista, and for the purpose of general description consists of 4.46 acres located at the northwest corner of the intersection of "H" Street and Third Avenue ("Project Site" or "Project"); and B. Project; Application for Discretionary Approvals WHEREAS, a duly verified application was filed with the Development Services Department on April 23, 2009, by Gateway Chula Vista 2, LLC, requesting approval of amendments to the Gateway Chula Vista Specific Plan; and C. Prior Discretionary Approvals WHEREAS, development of the Project Site has been the subject matter of various entitlements and agreements, including: (1) adopting a Mitigated Negative Declazation and approving a General Plan Amendment to the Circulation Element to reclassify H Street between Third and Fourth Avenue from a six lane major street to a four lane major street previously approved by Redevelopment Agency Resolution No 1708 (Council Resolution 2000-465) on December 12, 2000; and 2) approving a Specific Plan (PCM-00-11) approved by City Council Ordinance No.2828 on December 19, 2000; and D. Planning Commission and Chula Vista Redevelopment Corporation Record of Application WHEREAS, the Planning Commission set the time and place for a hearing on the Project, and notice of the 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 boundary of the Project, at least ten (10) days prior to the hearing; and WHEREAS, the Planning Commission held an advertised public heazing on the Project on July 22, 2009, and voted 6-0-1-0 to forwazd a recommendation to the City Council on the Project; and 13-79 Ordinance No. Page 2 WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project held on July 22, 2009, and the minutes and resolution resulting therefrom, aze hereby incorporated into the record of this proceeding; and WHEREAS, the Chula Vista Redevelopment Corporation held an advertised public hearing on this Project on July 23, 2009, at 4 p.m. in the City Council Chambers at 276 Fourth Avenue and after heazing staff presentation and public testimony, voted 5-0-1-I to recommend that the City Council approve the Specific Plan amendment, in accordance with the finding listed below; and WHEREAS, the proceedings and all evidence introduced on this Project before the Chula Vista Redevelopment Corporation at their public hearing held on July 23, 2009, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding; and E. City Council Record of Application WHEREAS, the City Clerk set the time and place for the heazing on the Project application and notices of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city, and its mailing to property owners within 500 feet of the exterior boundaries of the Project at least ten (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 August 11, 2009, in the Council Chambers in the City Hall, City of Chula Vista Civic Center, 276 Fourth Avenue, at 4:00 p.m. to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same; and F. Discretionary Approvals Ordinance WHEREAS, at the City Council heazing at which this Ordinance was introduced for first reading, the City Council approved amendments to the Gateway Chula Vista Specific Plan; and G. Environmental Determination WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act ("CEQA") and has determined that the proj ect was covered in previously adopted Final Mitigated Negative Declaration, IS- 99-24. The Environmental Review Coordinator has determined that only minor technical changes or additions to this document aze necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the prepazation of a subsequent document has occurred; therefore, the Environmental Review Coordinator has prepared an Addendum to Final Mitigated Negative Declazation, IS-99-24, referred to as "Gateway Chula Vista: H Street and Third Avenue." 13-80 Ordinance No. Page 3 II. NOW THEREFORE BE IT ORDAINED, that the City Council of the City of Chula Vista does hereby find and determine as follows: A. CERTIFICATION OF COMPLIANCE WITH CEQA That the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act ("CEQA") and has determined that the project was covered in previously adopted Final Mitigated Negative Declazation, IS- 99-24. That the Environmental Review Coordinator has determined that only minor technical changes or additions to this document aze necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document has occurred; therefore, the Environmental Review Coordinator has prepared an Addendum to Final Mitigated Negative Declaration, IS-99-24, referred to as "Gateway Chula Vista: H Street and Third Avenue." B. INDEPENDENT JUDGEMENT OF CITY COUNCIL That the City Council has exercised their independent review and judgment and concurs with the Environmental Review Coordinator's determination that the Project was covered in previously adopted Final Mitigated Negative Declazation, IS-99-24. and that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document has occurred; and therefore, the Environmental Review Coordinator has prepared an Addendum to Final Mitigated Negative Declaration, IS-99-24, referred to as "Gateway Chula Vista: H Street and Third Avenue." C. CONSISTENCY WITH GENERAL PLAN The City Council finds that the proposed amendments to the Gateway Chula Vista Specific Plan are consistent with the City of Chula Vista General Plan. The proposed amendments to allow educational and training uses, modify provisions for temporary and accessary uses and other miscellaneous amendments will not result in additional traffic generation nor demand for additional parking and aze consistent with other types of uses currently permitted by the Specific Plan. III. NOW THEREFORE BE IT FURTHER ORDAINED, that the City Council of the City of Chula Vista does hereby approve the amendments to the Gateway Chula Vista Specific Plan as represented in Exhibit B. 13-81 Ordinance No. Page 4 IV. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its final adoption. Presented by Gary Halbert Deputy City Manger/Development Services Director J:V+ttorney\Michael5h\Gateway\SP\GatewaySpecificPlanAmendmentCC-Ord-7.22.09-Drag 2.dac 13-82 Approved as to form by EXHIBIT A 13-83 ExxzBIT B 1.7 Development Concept and Design P><~ncipals The Gateway Chula Vista project has been designed to be one of Chula Vista's premier commercial sites.. It consists of three Class "A" commercial buildings totaling 375,163 s f, and a 1,229 caz parking structure. the project is intended to infuse the azea with a high intensity urban level of activity by providing space for a variety of commercial uses, such as restaurants, professional offices, retail shops, educational and other services. the main building facades will be oriented towazds H Street and Thud Avenue.. However, use of landscaping, paving, and public azt will invite the public into the project's interior courtyazds and encourage pedestrian access to the parking structure at the rear of the site.. The intersection of H Street and Third Avenue will also be improved as a comer plaza with urban amenities. Ihis will create a dynamic focal point for the site, surrounding neighborhood, and the sQUthernpottiQnsithe7.owaCentre_IRedevelnpmentAtea __ .. __ _ __.. __ __ _- -_ __.. _ - _ _. the existing 16 assessor parcels within the project site will be consolidated into 3 legal Tots prior to building permit. Each of the lots will contain one commercial building and a corresponding portion of the pazking strucnue. the fast building shall be located at the eastern end of the project site, fronting on both Ihird Avenue and H Sheet. the building shall be approximately 102,329 square fee[ in size and shall be five stories, except for a two~tory portion extending in front of the eastern end of the parking structue, the purpose of this extension is to: 1) screen views of the pazking structure; 2) enhance the wban experience along the project's entire Ihird Avenue frontage; and .3) emphasize the projects connection with the existing Iown Cenhe azea.. The second and central building will be a maximum of six stories and up to 132,334 square feet in size.. Two restaurants shall be allowed on the street level of this building, with direct access to both of the project's couttyazds. The third building located on the western end of the site shall also be six stories and approximately 140,500 square feet. the multi-level parking sttuctate will be fully integrated into the project's architecture and screened from view It will include an enclosed storage azea, o$ street loading spaces, and Hash enclosures to serve the project A potential pedestrian bridge crussing H Street is also envisioned the bridge would link the second story of the project's Westernmost building to the future expansion of the court house complex located at the South Bay Regional Center, directly south of the project site. Exhibits 6 and 7 present the preliminary development concept for the Gateway Chula Vista Specific Plan. Fumre development of the site will be required to conform to this concept plan and shictly adhere to the land use regulations, development standazds, and design guidelines to follow, However; it is reasonable to anticipate that the need for deviations may become evident as the design, mazket needs, and consnuction progress In that case, the Substantial Conformance Regulations included in the Implementation Section of the Specific Plan may be used. Gateway Chula Vista Specific Plan (PCM-00-I 1) 13-84 2.0 LAND USE REGULATIONS 2.1 Introduction The project's list of uses allowed and prohibited on-site has been prepared in accordance with the Disposition and Development and Owner Pazticipation Agreement (DD&A) entered into and between the City of~Chula Vista Redevelopment Agency and Gateway Chula Vista, LLC. Since the Gateway Chula Vista project has been designed as an interrelated and cohesive development, the Specific Plan applies one single zone to the entire site. Urban Cormercial Zone.. The goal of the Urban Commercial Zone is to provide an area for complementazy and mutually reinforcing officers, restaurants, and retail commercial business that serve workers and residents of the ru~ban core, the City of Chula Vista, and the surrounding region. Tn cases where the Specific Plan is mute, the Director of the Redevelopment Agency shall rely on the shall rely on the underlying CO and CC zoning to provide guidance in making this decision The Specific Plan's land use distibution is provide on Table 2, Ihis table establishes the total amount of area allocated for each of the principal uses and provides a conceptual distribution of uses per phase Retail and service uses have been combined in this table in order to comply with the combined limits set by the DD&A. It is important to sh~ess that since all fuhue tenants could not be identified at this state in the project's development; the distribution of uses between the tftree buildings is conceptual only and may change. However; the total amount of space allowed per land use category as indicated in the table below, shall not be exceeded, unless there is no increase in average daily hips (ADI's) or required parking and unless approved by the Director of the Redevelopment Agency, cable 2. Land Use Plao and Conceptual Distribution Building Lot Building OfRce Retail & Restaurant ............... .. ....... ~Edpcadana[ & Phase Size Size Uses Service Uses Uses &'€ratvlhg ~ odls* 'Scti I I a ages 2a;,aatt~se 102,329 sf 62,029 sf 14 000 sf 6,300 sf __..1_ 2 l 52 acres '2q;9QQ sf ~ ': 132,334 sf 90,789 sf I9,825 sY 1,720 sf 3 l 42 acres None ] 40,500 sf 130,440 s£ 10,060 sf None Streets 0.12 acres Total 4.46 acres 40,000 sf - ' 3'75,163 st 283,258 sf~ 43,885 sE 8,020 sf •maximum 600 students and 50 staff 2..2 Principal Uses the following are the principal uses perrtritted within the Urban Commercial Zone.. A.. Professional and Administrative Offices. Uses allowed within this designation shall be primazily devoted to professional and administrative offices and personal services, rather than for sale of commodities Ihese uses shall be allowed on floors two and higher Offices space shall be used for the following.. Gateway Chula Vista Spceitc Plan (PCM-00-11) la 13-85 1 Admitrishetive and Executive Offlces, including institutions of a philanthropic or eleemosynazy nature. 2, Professional Offices, for accountants, architects, attorneys, consultants, engineers, insurance agencies, planners, credit bureaus, collection agencies, and real estate offices; 3 Medical and dental offices, including oculists, chiropractors, and other practicing healing azts For human beings. 4, Any other comparable use approved by dre Director of the Redevelopment Agency. B. Retail Commetciat Retail commercial uses shall be allowed only on the first and second floors of~ the project and aze primarily intended to provide commodities. Retail commercial uses shall include but not limited to the following: 1. Art Galleries and Studios; 2. Appazel and Shoe Stores; - ... 3---Sakery,-candy,and-Confectioneries3tores,- _.. _ _ __-...--- ...... 4, Books, Gifts, and Stationazy Stores; 5, Cigar Stores and Smoking Lounges; 6. Florists 7. Iewehy Stores 8. Ioy Stores 9.. Any other compazable rue approved by the Director of the Redevelopment Agency. C. Services. Uses allowed within this designation shall be primazily intended to provide specialty services for persons working in the immediate area of the project and residents within the entire City of Chula Vista. Service uses may include but not be limited to the fbllowing: 1, Financial Offices, including Banks, Savings and Loans, and Financial Brokerage Offices; 2. Related commercial uses incidental to offices, inchrding real estate offices, Navel agencies, beauty salons and day spa, childcare, full service laundry and dry cleaner business with off-site cleaning plants, phazrrtacy, and public/private postal services and facilities 3, Any other comparable use approved by the Director of the Redevelopment Agency. D.. Restaurants.. Restaurant uses permitted within the Gateway Chula Vista Specific Plan shall be primarily associated with the provision of food and beverages and may include nightclubs and cocktail lounges. Restaurant uses shall be located only on the first and second floors of the primary buildings. Except they may be allowed on the top floor if' approved by the Director of Redevelopment Agency, E. Educational and Iraining Schools.. Educational and training schools, such as beauty schools, bazber colleges, modeling schools, medical and vocational schools, places of instruction or other operation catering primarily to students of trainees rather than customers, Gateway Chula Vism Specific Plan (PCM-00-11) 13-86 2.3 Accessory Uses A, Incidental Storage Facilities The use of storage facilities shall be limited to file storage resulting 5~om the conduct of an existing and permitted use on-site. Storage facilities shall be entirely enclosed and shall be limited [o only areas within the parking shucmre B. Roof-mounted Satellite Dish Antennas. Only roof-mounted satellite dish antennas will be allowed when they comply with the Specific Plan's Development Standards and Section 19.22..030E of the City of Chula Vista Zoning Ordinances. C. Wireless Communication Facilities, Wireless communication facilities shall be allowed on rooftops and faces if connected from view and incorporated into azchitectttral design. -II: I';iasks.- `1'tie vse 6t`tetaiY-aYt~ i3[f6fni3ffonal-rct`osks sHaTl Yee allowed eXCepf witTiin tfie pubhc" tight-of=way. E. Outdoor Dining Areas. These accessory uses shall be allowed when they are associated with a permitted Restaurant Use on-site, provided the size and design of these uses comply with the requu~ements and conditions of the Specific Plan's Development Standards and all applicable health codes. Outdoor dining azeas will be encouraged and may occupy up to 50 percent of the total encompassed within each of the project's courtyards. No kitchen equipment shall be installed in the courtyards. However, the outdoor seating azeas may contain portable heaters, umbrellas, awnings, and canopies, F. Car Detailing. Mobile cat detailing will be allowed only within the project's parking garage in designated pazking spaces G. Other Uses.. Other accessory uses not listed in this section may be considered by the Director of the Redevelopment Agency subject to two week notification., 2..4 Temporary Uses All temporary uses must be reviewed and approved by the Director of the Redevelopment Agency subject to two weeks notification. 2.5 Prohibited Uses the following is a list of uses expressly prohibited on-site. A.. Car washes (except for car detailing) and gasoline sales; B. Industrial uses; C. Coin-operated Laundromats, coin-operated dry cleaners, laundry and/or dry cleaner plant operations D.. Manufacturing uses; E. Wazehousing and wholesale uses (not including discount or off=price stores which are classified as a retail use discussed above). Gateway Chula Vista Specific Plan (PCM-00-I I) 16 13-87 F,. Cazdrooms G, Auto pats and/or accessories sales, motor vehicle repair, service or installation of any auto and other vehicles related parts or accessories; and H. Arcades, dvtual reality, laser tag and related amusement businesses; and L, Drive-through fast food restaurants; J.. Adult businesses or adult bookstores K. Other uses deemed unacceptable by the Director of [he Redevelopment Agency. Gateway Chula Vista Specific Plan (PCM-00-I 1) n 13-88 4.6 Lighting Streetlights shall be placed approximately 75 feet apart and a minimum of two and one-half feet back of the curb face measured to the center of the pole shaft. Photo electric control units shall be used to operate the sheet light system, All other light sources within the project shall be shielded in such a manner that the light is directed away from the streets, adjoining properties, and the sky.. Illuminators shall be integrated within the azchitecture of the buildings and landscaping,. the intensity of light at the boundary of the Specific Plan shall not exceed seventy-five (75) foot lamberts from a source of reflected light. 4.7 Off Street Parking the Gateway Chula Vista Specific Plan shall provide a total of 1,229 parking spaces on-site, in accordance with the required pazking ration of one space per 300 s,f of floor area. This pazking ratio is recommended by the Urban Land Institute for shaed pazking projects, such as Gateway Chula Vista. the pazking analysis provided in Appendix C demonstrates that the project's mix of uses and operating hours will create a shared pazking demand that can be easily accommodated on-site. Specifically, the parking analysis considered the project's mix of uses, time of us, day of use, and seasonal demand. It determined that the projects highest hourly demand for pazking will be approximately 1,078 spaces at 2:00 p m. on weekdays. Given the Specific Plan requirement for a total of 1,229 pazking spaces, the project is expected to have an excess of 151 parking spaces during meet peak demand pazking periods.. In order to accommodate the 1,229 puking spaces on-site, the following specialized pazking space standard has been set for [he Gateway Chula Vista Specific Plan. A.. Standard Spaces.. AlI standard parking spaces are required to be a minimum of 8.5 feet wide and 20 feet long,. B.. Compact Spaces.. All compact spaces are required to be a minimum of 8.5 feet and 15 feet long.. No more than 55% of the project's total parking spaces shall be compact spaces C.. Aisles. All aisles shall be required to be 21 feet wide. D. Off-Street Loading Spaces„ All commercial vehicles will use the off-sheet loading spaces to be provided within the street level of the parking strucrure, unmediately behind Building 2. the street level pazking shucture shall be a minimum of 15 feet clew in height to accommodate delivery bucks. Siting the off-street loading spaces within the pazking shucrure ensures that adjacent residences will not be adversely affected by noise and views commonly associate with such activities, Gateway Chula Vista Specific Plan (PCM-0O-I I) 30 13-89 4.8 Circulation The Gateway Chula Vista Specific Plan shall have two ingress and egress points the primary access point shall be from H Street at the southwestem comer of the site, Both access pointsshall directly lead into the project's parking stucture. Ihus creating an internal circulation system, which mns behind the project's three primary buildings, between the southwestern and the northwestern comers of-the site via the parking shucttue.. Pedestrian circulation will enter the project site from the couttyazds and building enhances along H Street.. Primary building enhances aze from the second floor of the parking structure into major two story space. An additional access route is envisioned via a pedeshian bridge crossing H Street and linking one o_f the Gateway Chula Vista buildings to the future expansron of the South Bay Regional_ - - - _ ---- Center.. The pedestian bridge will directly access the second floor of the Westernmost building providing a ]ink between the project's offices and future courthouse expansion. It should be noted that the pedestian bridge is no[ a necessazy component of the Gateway Chula Vista Specific Plan and subject to further review by the City )f i[ becomes appazent [hat such a bridge is impractical or economically infeasible, the Gateway Chula Vista Specific Plan may be implemented without construction of the pedestian bridge.. Gateway Chula Vista Specific Plan (PCM-00-I I ) 31 13-90 Io aid the City in the cost of processing sewerage generated by the project, a sewage participation fee shall be collected for each phase of the project at the time of connection to the public sewer, The current fee is $2,220 00 per Equivalent Dwelling Units (EDU), the fee is prorated using the following formula for commercial projects based on Equivalent Fixture Units (EFUs)., (Iotal EFUs x 14 GPD)/ 265 GPD x $2,220 = Iotal Sewage Participation Fee Credits for existing sewer facilities shall be factored into the based upon chart provided in Appendix E. 5.4 Solid Waste the City of Chula Vista currently conhacts with Pacific Waste Inc to dispose of all solid waste materials within the City boundazies Pacific Waste has indicated that they can provide service to the Gateway Chula Vista project up to seven days a week, if desired. Solid waste generated by the City of Chula Vista is currently bucked to the Otay Landfill, which is estimated to have capacity to receive solid waste for the next 25 years, Currently, the City requues 50% of materials generated on-site to be diverted to a recycling center. Pacific Waste Inc. provides recycling services for cardboazd, paper', glass and aluminum Future tenants of the Gateway Chula Vista project shall be requved to contract with Pacific Waste or another private entity for their recycling needs.. 5.5 Streets the City of Chula Vista initiated a General Plan Amendment (GPA) concurrently with the processing of the Gateway Chula Vista Specific Plan. the purpose of the GPA was to reclassify H Street from a six lane collector to a four lane collector road in the Circulation Element. A haffic study was prepared for the GPA, which forecasted traffic volumes at buildout for the Specific Plan, the South Bay Regional Center expansion and the Scripps Hospital expansion. the study area included the following roadway segments: 1) H Sheet between Interstate 5 and 805; 2) Fourth Avenue between E Street and I Street; and 3) Ihird Avenue between F Street and .I Street. the study determined that the Gateway Chula Vista project would generate an additional 922 nips in the AM peaks and 1,032 trips in the PM peak hours, Ibis was a conservative estimate since the traffic study did not remove the existing hips associated with the uses currently on-site.. the haffic study concluded that "widening of H Street to six lanes I not required to accommodate the increase in traffic at project buildout" Ihis was based upon the determination that future peak period travel speeds in the study area will continue [o operate a[ Level of Service (LOS) C or better. hnpacts to the intersection of H Sheet and Ihird Avenue were identified, However, mitigation measures have been included in the Specific Plan's conditions of approval, which will reduce the naffic impacts to acceptable levels.. Gateway Chula Vista Specific Plan (PCM-00-11) 34 13-91 6.0 IMPLEMENTATION 6.1 Introduction the actual conshuction envisioned in this Specific Plan shall be undertaken by the Developer.. the City of Chula Vista shall have the important role of ensuring that the development follows the provisions outlined in this plan. 6.2 Development Phasing Development of'the Gateway Chula Vista Specific Plan will be completed in tluee phases to ensure -constructiotrafnecessary-infrashucturearrd-atneni[ies-for-eaclrphaseartlxeprojecrprvgesses fhe Conceptual Phasing Plan (Exhibit 14) depicts the currently anticipated mazket demand for commercial development It is possible that a combination of the project's phases, such as Phase 1 and 2 of Phase 2 and 3, maybe conshuction simultaneously depending upon future mazket demand.. Listed below aze the key features of each phase: • Phase ]: Construct 102,329 sf building at southeastern comer of project site, Conshuct associated portion of pazking garage and ramps, with temporary walls at the eastern end to provide screening and a finished appearance. Construct permanent access driveways onto Ihird Avenue.. Conshuct [emporazy access driveway onto H Sheet west of building. Construct public tightof-way improvements only within Phase 1 boundary Construct and install comer plaza landscaping. • Phase 2: Conshuct 132,334 sf building on central portion of project site Conshuct associated portion of parking gazage and ramps, with temporary walls at the eastern end to provide screening and a finished appearance. Construct temporazy H Sheet driveway & remove temporary driveway, ConshucUinstallcouttyard landscaping between Buildings 1 and 2. • Phase 3: Conshuct 140,500 sf building at southeastern corner of project site. Conshuct associated portion of pazking garage and ramps. Consnuct permanent H Sheet driveway & remove temporary driveway. Conshuct public right-of--way improvements only within Phase 3 boundazy.. Conshucdinstall courryarazd landscaping between Buildings 2 and 3. 61 Development Phasing With the approval of the Gateway Chula Vista Specific and implementing permits, the developer shall be entitled to conshuct, lease and/or sell the three Class "A" commercial buildings described within this document, provided all of the Specific Plan regulations, standard, and gttidelines az'e Gateway Chula Vism Specific Plan (PCM-0O-I t) 3s 13-92 w I co w LarMscape 9ulfer r^t ~b x;',~ 4~_f ~i~ri~~:-~a7~,^4'3'a ~,^'~v'~~h1't~F~'~A-+ `x . _ _ ' _~ .. ~ _ g pp y p 7 ~' , Driveway c 2} ~ i ~ € 17 B ~ 0 ~ ~ ~ ~ I ~ I f~ 0 e ti ~ ~ -5 ~ 4 I~ F <I B B ~ ~ ? Ii ~ ~ ~ 4 I I ~ ! j J70RYH TNt!'_ Aaaa&ng 1 s i ~ s ~ H4~!'r~IHG ~ Reserved .. , . i i~ ~..I ,~. ParMing - Thrap Sbry Estensbn ' ~. ~.';~: 77 yy qq pp ~y' g ~~ I~ BuIWln911ncorporated m[o ~, rX i t f i~ S E ~ , ~ i ~~~ i F~ 9 C~ ~ 6 B .~ ~ k °e` TF .9 n i P !~ Structure - I i "3kr 6emnd i!~~ ti "r ~ ` 3 k ~ J s, a -'~ 4 C ~" . I level 3 - I v ~~ '' -~ t CouM1 ani `id I ~'6=NItl~~rlli'9:~~~~E~I~~~ ~ I~~!1a~ll Idlir '~„ ~' y ~'~ - _. ~ ~ ~ o + ~i PMI4NGSTRUCTURE t ~ I~'~. I . PARKING 6TRUCTURE SVaet level Lsedup Zang - PARKNG STRUCTURE PNASEi I PHASE III Accossed horn Parktrg $ifuclute -:. PHASEII -~~ ~ r .~ ~ ~ t 1 ;y ~. I I Driveway -^. with Roof TOp la,akraPe~ yy s`:4g .I p s. :.r rv f ~ ~ ;9' i I - ^,',"~f."-,: 1 Accessing ~~ ~ ~ .~~a ... ~ ~ I t `/~ I ~ L a S `_ _~ d ~ i i 6 ; ~ ~ Ii tt ~ r ~ ~ ll.~"~r x~l ~ t ~ I ( i Gerrard I 1; I ~! I I ~ w I _~~ ~ f _ ~ I~' a i a ~ ~ i i~ T,.~- ,. ..I ~' ~ _ ; '' ~lc~ ' ~ I ~~ ~ ~ 'ill i _ "u C~y' Y S" Ii~ y ~ ~_ 7=. I' = 1: X. _ „c _ -- :~ ~ ~. .Ek! ~ :'~. ~, ~;rl .~. ~-F~;.. r.~ r.,_:.: L*Jv.b• d3. ..iFat ic'y` i ~,~.!_ 4~i; h "..~; .~ .'.E!:-: ~... _. _... Corner Plaza 'Vale) Parkkg DrgfGtt - -COUr~yaM ' """"" "H" STREET ~. '"Possible Pedesblan ~' Bridge linking BuilGnp 3 to South 8av Regional ,. _"_-.,.,,,. _, Center 6panswn _.. .-..-.. i ~..__-. Z.._.._. _..-_-..- ..-__.._ ._.._.. _. _. - _. -.._.__.. .-._-_- .._..-.._ ..-...~__ n i I I j i ~ w"m Development Concopt Plan t,~f;rfiiib/! 6 W H Street Elevation C-~hib!! T GATEWAY CHULA VISTA APPENDIX C SHARED PARKING ANALYSIS 4Ju1-09 T~kJo a - Prniart Drnpram fEatiStine Gateway I and II + Surface lotl Offiu 152818 sghor Gross area Total Square Feel 0.63 Ne[Pen[able Factor 126,839 sq. k. of GlA 152818 Offire Retail 33,825 sgft of Gross irea 33,825 Retail 0.63 Ne[Rentable Fxtor 28.075 iq.Rdf GIA 0,020 Resaurant ResauranY 8020 sp h of Gross area 400 Edu<atlonal 0.95 Net Rentable Factor ].619 sp. k. of GfA 23x,663 TOtal Eduntional 40,1100 sq R. pf Grou area 0.83 Net Rentable Factor 33,200 sPk: of GlA 234,663 sq. k. Tpbl Gross Area 195,733 sq. k. TptaI GLA Tattle 0. - Paak Darkine Demands Per Use TVPe: Ofnce 33 spaces per 1.000 sq kGIA On Weekdays al9 spaces 0.5 s aces per 1,000 ra. k. GIA on Saturd 63 spies Reml ____3.g eaLaces~10005Rk GW OO Weekdays _._ ..._ ._._.19.Z.}RaCAS.__. 4.OS alts er1,000s .RGUOn Saturtla ]32 saces pertaurant 20 spaces per1000 sq.R GIA On Weekdays ]52 spaces 20 s aces er 1,000 zq. h. GW on Saturdays ts2 spaces Educational 0215paces per student (fiW students/60 staff)Weektlays 137 spaces O spaces per studen[(6005tuden[s/50 sta(fl Weekdays spaces Ta61e C- Summary of Shared Peak Parking Demands: Parking Provided' Parking Reqd Parking Scenario Under Parked Over Parketl " 981 ':699 Ni hlst HOURLY demand 282 690' Xighesf SEASONAL demand 291 Exlrting Parking Cakulatlgn Existing Gateway) Parking Sbucture 372 barking Spaces Existing Gateway ll Parking semcture 552 Parking Spaces Existing Surface Parking LOt lluture Gateway 111 site) 57 Parking Spaces Total 981 Existing Parking sPacO Analysis The project s peak parking demands were first calculated for the three use types lORke, Retail & Res[apran[) based on the Urban Lantl Institute INLI) net rentable fxMrs (Table A) and demand ratios (Table B) The Educa[Ipnal Use demantl was based on 600 enrolletl students+50 soh for a mtal of fi60 The 650 was mupiplied x 21 Average Peak Period Parking Demand per page 330 of[he ITE Parking G¢neralipn Manual, 3rtl Etlitlon 6ince theproject'suses have vari¢d operating charec[erhtirs and hours. the mtal parking demands were [hen tletttminetl using [he Utl shared parking ratios far hi8hest hourly and seasonal tlemantls for [he Offce Retail and Restaurant uses The Eduwtionai Use used the ITE Weekday Data for Junior/Community College Pemen[pf Peak Periotl parking data TableCShows Mai the Pre)eci's mu of uses createsaparking scenadp retailing in an excessaR82 parking spaces atlhe highes[hourly demand lWeekdays:2:00 PMI and an excess of 291 spans 6pmvided at the highest seasonal demand period (Decemher; W eekdays; 2'00 PM) The tables pnthe/ollewing pages provide[he calculadons for these parking demands TableDdemonstrates that the pmjeR's fpur use types will have staggered hlghesl hourly demand periods This s[aggenng provides the opportvniry for Use proJectm zuccessfuily iuncdon with a total of 981 parking spaces and demonrtratei that the Existing project provides atlaqua[e partying for Me proposed uses 13-95 Table D - Hourly Demand Percentages Per Use type Nour of Off ce R etail Pesb urant Edotat ional Day Week Sat Week Sat. weeF Sat. week Sat. 6:00 AM 3% D% 0% 0% 0% O% 0% O% ]:00 AM 20% 30% B% 30X 2% 2% ]% 0% 8:00 AM 63% fi0% 18% 30% 5% 3% 54% 0% 9:Dp AM 93% eo% 43% 30% 303: 6% B2% 0% 30:40 AM IOO% 80% 68% 45% 30% 8% 100% O% 31:00 AM '300% 100% 8]% Ti% 30% 30% ]8% 0% 32 noon 90% 100% W% 86% 60% 30% ]b% 0% 1:00 PM 90% 80% 1130% 95% ]0% 46% ]5% O% i:00 PM 9]% 60% 9]% 100% fi0% 45% R% 0% 3:00 PM 93% 40% 95X IW% 60% 45% 63% 0% 4:00 PM 77% 40% 8]% 909: 60% 45% 48% 0% 5:00 PM 4]% 20% ]9% ]5% ]0% 60% S6% 0% 6:00 PM 23% 20% 82% fi5% 90X 90% 69% 0% ]:00 PM ]% 20% 89% 60X ' 100% 95% 69% 0% _ 5:00'PM -__...a%. ___.20% -_.___~%. ____.._SS% -I00% L0X _-0% _ _--0% 9:00 PM 3Y. 0% 61% 40% lOD% 100% 0% 0% 10:00 PM 3% 0% 32% 36% 90% 96% 0% . 0% 11:00 PM 0% 0% 13% 13% ]0% 85% 096 0% 32 mid. 0% 0% 0% 0% 5096 ]o'h D% O% Table E - Number of Spaces Required based upon Peak Demand and Hourly Percentages Hour of pay Of Week &e Sat Petafl Week Sa[. Rest Week aurant Sat Educa Week tlanal Sat. Totals Week Sac 6:00 AM 13 - 13 ]:00 AM 80 33 9 34 3 3 10 105 49 BMW AM 264 38 39 ]3 8 5 ]4 364 50 9:00 AM 389 53 45 34 15 9 112 561 94 10:00 AM 419 51 )3 91 30 13 13] 658 113 11:00 AM 419 63 93 82 46 15 106 - 664 161 12 noon 3]] 63 103 95 )6 46 100 - 660 205 1:00 PM 3]] 51 10] 10] 102 69 103 692 226 2:00 PM 406 38 103 312 91 69 98 - 699 - 319 390 PM 389 25 101 112 91 69 86 - 668 206 4:00 PM 322 25 93 1D1 )6 69 fib 55] 195 $:Dp PM 19] 13 84 60 1W 93 ]6 464 188 6:00 PM 96 33 SJ T3 13] ]3] 96 415 223 ]:00 PM 29 ]3 95 6] 152 145 94 3]1 225 8:00 PM 29 13 93 62 152 151 2]4 22] 9:00 PM 13 65 49 152 152 230 19] 10:00 PM 13 34 43 13] ]45 184 SS] 11:00 PM 14 15 lOJ 130 121 344 12 mltl. >6 10) ]6 30] Spaces needed to meet HIGHEST hourly Demantl 699 13-96 Table F -Seasonal Percentages Per Use type Mon[h ORCe Re[ail Restaurant Educatlon January 100% 66% BO% 100% february 100% 65% 76% 100% March 100% 70% 9096 100% April 100% ]O% 90% 100% M 100% ]0% 96% ]00% June lOd% ]5% 100% ]00% lul 100% ]5% 100% 300% Augus[ 300% ]5% g6% 100% Se tember 300% JS% BOX 100% October 100% 76% 80% 100% November 100% 80% 80% 1G0% December -100% 100% 90% 1W% Spaces Required based upon 2 PM Peak and Seasonal Percerrtages Spaces Required based upon 1 PM Peak and Seasonal Percentages Man[h O(flce Re[aIl Restaurzn[ Educaton Totals Monty Office Retail Rertaurant Education Totals anal ary -- - Q06 ----6T ~~~---73" ~-~-~--96 ----~-66S lama -- -37]~ 6S 8S 103 X34 Fehruary 406 6] 69 98 640 Febuary 3T1 69 80 102 628 Marrh 40fi 72 ffi 98 659 March 3T] ]fi 96 102 650 peril 406 R 82 98 659 Aril 37] ]5 96 102 fi50 May 406 >2 8J 98 664 May 3P ]5 301 102 655 June 606 78 91 98 6]3 June 37] 80 10J SW 666 July 406 78 93 98 6l3 Ju 3A 80 30) llII 666 Au ust 406 78 ]6 98 660 Au ust 3P 80 91 102 650 September 406 )B ]3 98 655 Se [ember 3A 80 85 102 664 Ottaber 606 78 73 98 655 October 37] 80 85 1@ 644 November 406 83 ]3 98 fifi0 November 3]] 85 85 102 650 December... ...406. -.- 103 8Y 98 690: December 3A 10] 9fi 102 682 Spaces Required based upon I1 AM Peak and Seasonal Percentages Month Office Redil Restaurant Education Totals lanuary 439 fi0 3] 106 622 Spaces Required based upon SO AM Peak and Seasonal Percentages Month ONfice Retail Resauant Educatlon Totals lama 419 47 24 137 62J February 419 60 34 106 620 February 419 47 23 33] 625 Mamh 419 65 41 106 631 March 414 51 Z] 33] 633 April 419 65 41 106 63] April 419 51 2] 137 633 May 419 65 43 306 633 May 439 61 29 137 fi35 June 419 ]0 d6 106 640 June 419 54 30 13] 640 July 619 ]0 46 106 640 lul 419 54 30 13J 640 August 419 ]0 39 106 fi34 August 419 54 26 137 635 September 619 ]0 37 10fi 631 September 619 56 24 13) 634 October 419 ]0 37 106 631 October 419 56 24 137 634 November 419 74 37 106 636 November 419 58 14 137 637 December 419 93 41 106 659 December 419 ]3 2> 337 655 Spaces needetl[o meet NIGNEST hourly and seasonal demand 690 13-97 GATEWAY CHULA VISTA SHARED PARKING ANALYSIS Table A - Project Program (Gateway I, II and III) APPENDIX C 9-1u1-09 Offce 280 J58 5q ft of Gross area Total Square feet 0.83 Net Rentable factor 233,029 sq. h. pf GfA 280.756 Office Retail 46385 sq k. of Gross area 46385 Retail 0.83 Net Rentable Pattor 38,500 sq.ft_of GlA' 8020 Restaurant Restaurant 8,020 sq. k of Gross am 4000 Educational 0.95 Net Rentable Factor 7,619sq. fL Of GtA 375,163 Total Eduotiorral 40.000 sq f[ of Gross area 0.83 Net Rentable Fattor 33,200sq: ft. diGW 375,163 sq. }t. Total Gross Area 312,348 sq. ft Total GlA Table B -Peak Parking Demands per Use Type: Office 33 spaces per 1,000 Sq. k GIA On Weekdays ]fig spaces - -- ----0.5-s aces ert;00PsQ-/rUt4-omSaturtlays" '"'__ -- '-"IITSpaces Rebil 38 spa<esper10005gftGIA On Weekdays lab spaces 4.0 spaces per 1,000 s . k. GLA on Saturtla s 154 spaces Restaurant 20 spaces per1000sq ft GLAOn Weekdays 152 spaces 20 spaces er S,000S .fc GW on Saturdays 152 spaces Educational 021 spaces per student (600 students/SOStaff)WeekdaYS 337 spaces O spaces per student 1600 students/50 staff) Weekdays spaces Table C - Summary of Shared Peak Parking Demands: Parking Provided' Parking Reqd Parking Scenario Under Parked Over Parked 1,229 .1,078. Highest HOURLY demand 151 ' 1,068 Highest SEASONAL tlemand 161 Existing ParMng Calculation: Exising Gateway I Parking Structure Existing Gateway II Parking Structure Gateway III Parking Structure Total Analysis: 3J2 Parking Spaces 552 Parking Spaces 305 Parking Spaces 1,224' Existing Parking 8pa<¢s The profect's peak parking demands were first calmlated for the three use types IOfR[e, Retail & Resbuantl based on the Urban Land lnsUtute(UUJ netrentable facmrs (cable Al and demand ratios (iahle B) The Educational USe demand was based on 600 enrolled students+SOStaff for a fatal of 650 The 650 was multlplletl x 21 Average Peak Period Parking Demand per page 130 ofthe lTE Parking Generation Manual, 3rd Ed'dion Sincethe proiett's uses have varied operating charac[eriztics and hours, the [alai parking demands were then determined using the VU shared parking ratios for highest hourly and seasonal demands farihe Office. Retail and Restaurant uses The Educatlpnal USe used the RE Weekday Data for lunlor/Community College Percent of Peak Period parking data Table C shows that the ProJect's mix of uses creaces a parking scenario resulting in an excessgf 151 parkingspaces at the highesthourlydemand (Weekdays, 2:00 PM) and an excess of 161 spaces is provided at the highest seasonal demand pedod (December; Weekdays; 2:00 PM) The tablesonthefollowing pages provide ffiecai<ulations for these parkingdemands TableD demonstrates that the proletts four use types will have staggered highest houdy demand periods. This staggering provides [he opportunity for the proJett to su¢essfully function with a total of 1,229 parting spaces and demonstrates that the Gatyeway Chula Vlrta Specific Plan standard of one parking space per every 300 square feet of floor area Is acceptable A shared parking analysis done (ar the exisdng Gateway I & II phazes determined that an excess of 282 spas is provided during the highest houdy demand (Weekdays; 2:00 PM) and an excess of 391 spaces was provided aY the highest seasonal demand period (December; Weekdays; 2:00 PM) Duringconstmction ofthe Gateway 111 Office building and parking structure 57 surface parkingspaces used in the analysis will be lost Therefore. during construction of Gateway 111 an excess of 225 spaces will be provided at [he highest hourly tlemand period and an excess of 23a spaces will be provided during the highest seasonal demand period 13-98 Table D -Hourly Demand Percentages Per Use Type Hour of Office Re tail Resta urant Educat ional Day Week Sat Week Sat Week Sat. Week Sat. 6:OOAM 3% 0% 0% 0% 0% 0% 0% 0% ]:00 AM 20% 20% 8% 30% 2% 2% ]% 0% B:OOAM 63% 60% 38% 10% 6% 3% 59% 0% 9:OOAM 93% 8D% 42% 30% 30% 6% 82% 0% 10:00 AM 100% 80% 68% 45% 20% 8% 10076 0% 11:00 AM 10095 100% 8]% 73% 30% 10% ]8% 0% 12 noon 90% 100% 97% 86% 50% 30% ]6% 076 S:OOPM 9t]% 80% Y00% 95% 70% 45% 75% D% 2:00 PM 97% 60% 9]% 100% 60% 45% 72% 0% 390 PM 93% 40% 95% 100% 60% 45% 63% trio 4:00 PM ]]% 40% 87°,6 90% 50% 45% 48% 0% 5:00 PM 47% 20% ]9% 75% 70% 60% 56% 0% 6:00 PM 23% _..... _-. 2QK -__--82% _..._ 55% -__9Q% .._ - _.._90% _-._69% ___ -_A% ]:OOPM 7% 20% 89% 60% - 100% 95% 69% 0% R:00 PM ]% 20% 87% 55% '100% 100% D% 0% 9:00 PM 3% 036 61% 40% 100% 100% OY. 0% 10:00 PM 3% 0% 32% 38% 90% 95% 0% 0% 11:00 PM 0% 0% 13% 13% ]0% 85% 0% 0% 12 mid. OY. O% 0% 0% 50% ]0% 0% 0% Table E - Number of Spaces Required based upon Peak Demand and Hourly Percentages Hour of Office R etail Resta urant Educa tional Totals Day Week Sat Week Sat. Week Sat Week Sat Week Sat. 6:00 AM 23 - ~ - 7:OOAM 154 23 12 46 3 3 10 - 178 73 8:00 AM 484 70 Z6 15 8 5 74 592 90 9:00 AM 715 93 61 46 15 9 132 904 149 10:00 AM 769 93 99 69 30 12 13] - 1,035 1]5 11:00 AM ]69 117 127 112 46 15 106 3,048 244 12 noon 692 11] 142 131 ]6 46 104 1,014 293 I:00 PM 692 93 146 146 107 69 102 - 1,04] 308 2:00 PM 74fi 70 142 154. 91' 69 98' 1,078 292 3:00 PM ]35 4] 139 154 91 69 86 1,032 269 4:00 PM 592 47 327 339 76 69 66 861 254 5:00 PM 361 ]3 llfi 115 107 91 ]6 660 230 6:00 PM iT7 23 120 100 13] 137 94 - 528 2fi1 ]:00 PM 59 23 130 92 152 345 94 - 431 260 $9D PM 54 23 12] SS 152 152 333 260 9:00 PM 23 89 62 152 152 265 214 10:00 PM 23 47 59 137 145 - 207 203 11:00 PM 19 20 SO] 130 - 126 150 12 mid. 76 107 - ]6 107 Spaces needed to meet HIGHEST hourly Demand 1,078 13-99 Table F • Seasonal Percentages Per Use Type Month Office Reail Resaurant Eduction January 100% 65% 80% 100% February 100% 69% ]9% 10096 March 100% 70% 90% 100% April 100% 70% 90% 100% May 100% 70% 99% 100% June 100% ]6% 100% 100% July 100% 76% 100% 100% Au ust 100% 76% 8$% 100% September ]00% 79% 80% 100% October 100% 75% 80% 100% November 100% 80% BO% 100% December 100% 100% 90% 100% Spaces Required based upon 2 PM Peak and Seasonal Percentages Month Office Retail Restaurant Education Tonls Spaces Required based upon 1 PM Peak and Se_asonalPercentages Month Office Renil Remurant Eduction Totals lanua 746 92 73 98 1,010 January 692 95 85 102 975 February 746 92 69 98 1,005 February 692 96 BO 102 970 March 746 99 62 98 1.026 March 692 102 96 102 993 April 746 99 82 98 1,026 April 692 102 96 102 993 May 746 99 87 98 1,030 Ma 692 102 101 I@ 998 lone 746 106 91 98 1,042 one 692 110 107 102 1,011 July 746 106 91 98 1,042 lu1Y 692 110 307 102 1,011 August September October 746 746 746 106 106 106 78 ]3 73 98 98 98 3,028 1,024 1,024 August Se [ember October 692 692 692 110 110 110 91 85 fly 102 1@ 102 995 990 990 November 746 114 ]3 96 1,031 November 692 117 85 302 997 December 746 - '142: - 82 98 ' -1;068 December 692 146 96 102 1,037 Spaces Required based upon 11 AM Peak and Seasonal Percentages Spaces Required based upon 10 AM Peak and Seasonal Percentages Month Office Retail Restaurant Educhon Tonls Month office Retail Resnunnt EdpcatlOn Tonls January 769 63 37 106 995 lanuar 769 65 24 137 995 fehrua ]69 83 34 lOfi 992 Februa 7fi9 65 23 137 993 March 769 89 41 106 1,006 March 769 70 27 337 1,003 A ril 769 89 41 106 1.006 Aril ]69 70 27 137 1,003 May 769 89 43 106 1,008 May 769 70 29 13] 1,004 one 769 95 46 106 1,017 one 769 ]S 30 137 1,011 ul 769 95 46 106 1,017 July 769 76 30 137 1,011 August 769 95 39 106 1,030 August 769 78 26 137 1,006 September 769 95 37 106 1,007 September 769 76 24 13] 1,004 October ]69 95 37 106 1,007 October 769 ]5 24 137 I,OC4 November 769 102 37 106 1,014 November 769 80 2a 137 1,009 December 769 127 41 106 1,094 December 769 99 2] 137 1,032 Spaces needed to meet HIGHEST hourly and seasonal demand 1,068 13-100 "'I ~'-' \~ - mv\ g-_\\-o,,\ ~ After reviewing the proposed amendment Suggest the parking requirement for the vocational school is to low and that staff revaluate the requirement and determine a Chula Vista standard for technical school use before setting a precedent. Suggest that a cap be put on for a change of use of over 20% from this amendment, which would allow council input on a change of use that could change the character of the project and protect the public investment. Suggest that redevelopment projects are looked at from a financial standpoint, to see how they are doing to make the best use of taxpayer funds, c--- ,~e~1) Comparison of Parking Requirements for Trade Schools: Chula Vista Gatcway Medical Trade School Use 600 students / 50 staff /40,000 GSF City Minimum Required Parkin!! Rate Total Number Parkin!! Spaces Rcquired for Gatewav Trade School Use Chula Vista - .21 spaces per total population 137 Gateway, using ITE Manual San Diego County City of San Diego Within a transit area: 85% of I per 510 student at maximum occupancy Escondido I space for each 1.5 students + I space 450 for each faculty member California South Gate 3 per school + I for each student 603 + employee school is designed to accommodate parking (does NOT include employee parking) Sacramento I space oer 3 persons 217 Shasta County I space per 3 students + I space per 250 employee Outside California Springdale, AK I space for each 300 sq. ft. or I per 4 ISO students, whichever is greater Mohave County, AZ 1 space for each 2 students 300 Salt Lake City I space per 1 employee plus I space 250 Redevelopment Corp. for each 3 students based Hickory, NC .33 spaces ner student + I per staff 248 Arlington, Mass. I space for each 200 sq. ft. of gross 200 floor area Miami County, KS I space for each faculty member + I 250 for each 3 students Niagara Falls, NY J space per staff member + .75 spaces 500 ner student Madison, WI I space for each 2 employees + I for 145 each 5 students Ft. Smith, Arkansas 1 per employee + I per each 3 250 students Blue Springs, MO I per 3 students + .5 per faculty 225 Hickory, NC .33 per student + 1 per staff 248 Oklahoma City, OK 1 space ner 2 classroom seats 300 San Antonio, TX 1 per 200 Sq. ft. 200 Glenville, NY' I per 2 students 300 . Source: "Parking Standards," published by American Planning Association Prepared by Patricia Aguilar, President Crossroads II 10 Aug. 2009 Gateway Tax Increment Approximate Redevelopment Agcncy Investment in project to datc: $5.3 Million Year Orig Projections Orig Projections London Group Shortfall 2000 2000 2009 Orig Projcctions Keyser Marston Less Phase III vs Table I-A Table I-a London Analysis Current 1:otal-' Current Total Current I.otaJ.. Current '[otgl " Year Year Year Ycar 2000 2001 2002 2003 170,000 170,000 170,000 170,000 155,444 155,444 14,556 14,556 2004 174,000 344,000 174,000 344,000 243,591 399,035 -69,591 -55,035 2005 390,278 734,278 390,278 734,278 54,013 453,048 336,265 281,320 2006 548,138 1,282,416 398,962 1,132,240 284,534 737,582 263,604 544,834 2007 559,321 1,841,737 407,202 1,540,442 553,517 1,291,099 5,804 550,638 2008 569,545 2,411,282 414,443 1,954,885 441,533 1,732,632 128,012 678,638 2009 580,819,2,992,.101 422,695 2,377,580 348,338 2,080;970 232,481 911,131 .. "" 2010 593,135 3,585,236 431,945 2,809,529 476,812 2,557,782 116,323 1,027,454 2011 Notc: Approximately 60% of tax increment funds are rctained by the Agency 20% are set aside for affordable housing 20% are used for a legislatcd settlement for other agencies .- Original Tax Increment Projections by Keyser Marston For the city in 2000 .'" !"'!.' -.",~r'< ... '. KEYSER MARSTON ASSOCIATES INC. 500 SOUTH GRAND AVENUE, SUITE 1480 Los ANGELES, CALIFORNIA 90071 PHONE: 213/622-8095 fAX: 2131622-5204 WEe SITE: WWW.KMAINC.COM ~-'7~.;: "-""- .: ',,',-~. ADVfSORS IN: REAL ESTATE REDEVELOP~E~T AFFORDABLE HOUSING ECONOMIC DEVELOPMENT FISCAL IMPACT INFRASTRUCTURE FINANCE V ALUATION AND LITIGATION SUPPORT i I , t L L~6 -~/ Los Ange:les Calvin E. Hollis, II Kathleen'H. Head James A. Rabe MEMORANDUM San Diego Gerald M, Trimble Robert], Wetmore Paul C. Marra From: Keyser Marston Associates, Inc. S-lN FRANc/seD A. Jerry Keyser Timothy C. Kelly Kate Earle Funk Denise E. Conley Debbie M. Kern Martha:-i. Pacbrd To: Mr. Byron Estes, Redevelopment Coordinator City of Chula Vista Date: March 3, 2000 Subject: Gateway Chula Vista Project - Response to Comments Based on your February 4, 2000 Gateway Chula Vista Project comment letter, Keyser Marston Associates, Inc (KMA) is providing the following responses to your to your questions which are as follows: . Do the property tax increment projections reflect actual assessment procedures that San Diego County is likely to use with a project of this nature? What are the differences? . City contribution towards developer off-site improvements, $400,000 or $300,000? Property Tax Increment Calculation KMA prepared the property tax increment projections based on the capitalized value of the project. We believe that this method of projecting property tax increment revenues reflects the actual assessment procedures that the County of San Diego is likely to use with a project of this nature. It is conceivable however; that the County of San Diego may use the project development cost method to project property tax increment revenues generated by the project. As shown in Table 1A based on the capitalized value approach to projecting property tax increment revenues, the net present value of the tax increment generated by project would be $5,887,000 which includes the 20% set a side and $4,711,000 less the 20% set a side. 0003006.CV:WDL:emm 11216.001.005 To: , Subject: Mr. Byron Estes, Redevelopment Coordinator Gateway Chula Vista Project - Response to Comments March 3, 2000 Page 2 Assuming expansion of the redevelopment area the project could generate $7,180,000 which includes the 20% set a side and $5,745,000 less the 20% set a side. As shown in Table 1 B, based on the project development cost approach to projecting property tax increment revenues, the net present value of the tax increment generated by project would be $5,580,000 which includes the 20% set a side and $4,463,000 less the 20% set a side. Assuming expansion of the redevelopment area the project could generate $6,832,000 which includes the 20% set a side and $5,464,000 less the 20% set a side. As shown in Table 2, use of the project development cost approach to project property tax increment revenues would result in a small decrease in property tax increment generated by the project. Under the existing project area scenario the decrease would ral)ge from $248,000 to $307,000 without and with the 20% set a side. Under the expanded project area scenario the decrease in property tax increment would range $281,00 to $348,000 without and with the 20% set a side. Contribution to Off-site Improvements With regard to the City's contribution to the Developer off-site improvements, KMA has revised the 33433 and the Reuse Reports to refiect the $300,000 cap on the City's contribution to off- site costs. I I l 0003006.CV:WDl:emm 11216.001.005 " TABLE 1A PROPERTY TAX INCREMENT REVENUES GATEWAY GHULA VISTA CHULA VISTA, CALIFORNIA ADDITIONAL PROPERTY TAX INCREMENT PROPERTY T fJ.Y.. INCREMENT REVENUES TOTAL T etal Rev. BASED ON EXPANSION OF REDEVELOPMENT AREA TOTAL Total Rev. No. PHASE 1 PHASE 2 PHASE 3 REVENUES less 20% PHAS E 2 PHASE 3 TOTAL REVENUES less 20% 1 $170,000 $0 $0 $170,000 $136,000 $0 $0 $0 $170,000 $136.000 2 174,000 0 0 174,000 139,000 0 0 0 174,000 139,000 3 177,000 202,000 0 379,000 304,000 11,728 0 11,726 390,728 313,382 4 181,000 206,000 52,000 439,000 352,000 11,963 97,176 109,138 548,138 439,311 5 185,000 210,000 53,000 448,000 358,000 12,202 99,119 111,321 559,321 447,057 6 188,000 214,000 54,000 456,000 364,000 12,446 101,102 113,548 569,548 454,838 7 192,000 218,000 55,000 465,000 372,000 12,695 103,124 115,819 580,819 464,655 8 196,000 223,000 56,000 475,000 380,000 12,949 105,186 118,135 593,135 474,508 9 200,000 227,000 57,000 484,000 388,000 13,208 107,290 120,498 604,49~ 484,398 10 204,000 232,000 58,000 494,000 395,000 13,472 109,436 122,908 616,908 493,326 11 208,000 236,000 59,000 503,000 402,000 13,674 111,077 124,751 627,751 501,801 12 212,000 241,000 60,000 513,000 411,000 13,880 112,752 126,632 639,632 512,305 13 216,000 246,000 62,000 524,000 420,000 14,090 114,460 128,550 652,550 522,840 14 221,000 251,000 63,000 535,000 428,000 14,305 116,202 130,506 665,506 532,405 15 225,000 256,000 64,000 545,000 436,000 14,523 117,979 132,502 677,502 542,002 16 229,000 261,000 65,000 555,000 444,000 14,747 119,791 134,537 689,537 551,630 17 234,000 266,000 67,000 567,000 454,000 14,974 121,640 136,614 703,614 563,291 18 239,000 271,000 68,000 578,000 462,000 15,206 123,525 138,731 716,731 572,985 19 243,000 277,pOO 69,000 589,000 471,000 15,443 125.448 140,891 729,891 583,713 20 248,000 282,000 71,000 601,000 481,000 15,684 127,410 143,095 744,095 595.476 21 253,000 288,000 72,000 613,000 490,000 15,931 129.411 145,342 758,342 606,274 22 258,000 294,000 74,000 626,000 500,000 16,182 131,452 147,634 773,634 618,108 23 264,000 300,000 75,000 639,000 511,000 16.438 133,534 149,973 788,973 630,978 24 269,000 306,000 77,000 652,000 522,000 16,700 135,658 152,357 804,357 643,886 25 274,000 312,000 78,000 664,000 531,000 16,966 137,824 154,790 818,790 654,832 NPV of Prop. TI @ 6.0% - All Phases (Including 20% set a side) 15,887,000 NPV of Prop. TI @ 6.0% - All Phases (Including 20% set a sIde) 17,180,000 NPV of Prop. TI @ 6.0% - All Phases (Less 20% set a side) $4,711,000 NPV of Prop. TI @6.0% - All Phases (Less 20% set a side) $5,745,000 Prepared By: Keyser Marston Associates, Inc File Name: I:\wlauderdale\ chrismatt7; debt service; WOL; 2/14/00 " TABLE 18 PROPERTY TAX INCREMENT REVENUES GATEWAY GHULA VISTA CHULA VISTA, CALIFORNIA ADDJTlONAL PROPERTY TAX INCREMENT PROPERTY TAX INCREMENT REVENUES TOTAL Total Rev. BASED ON EXPANSION OF REDEVELOPMENT AREA TOTAL Total Rev. No. PHASE 1 PHASE 2 PHASE 3 REVENUES Less 20% PHASE 2 PHASE 3 TOTAL REVENUES Less 20"1. 1 $168.000 $0 $0 $168,000 $134.000 $0 $0 $0 $168,000 $134,000 2 171,000 0 0 171,000 137,000 0 0 0 171,000 137,000 3 175,000 185,000 0 360,000 288,000 10,448 0 10,448 370,448 296,359 4 178,000 188,000 48,000 414,000 330,000 10,657 95,101 105,758 519,758 414,606 5 182,000 192,000 49,000 423,000 339,000 10,870 97,003 107,873 530,873 425.299 6 185,000 196,000 50,000 431 ,ODD 345,000 11.088 98,943 110,031 541,031 433,024 7 189,000 200,000 51,000 440,000 352,000 11,310 100,922 112,231 552,231 441,785 8 193,000 204,000 52,000 449,000 359,000 11,536 102,940 114,476 563A76 450,581 9 197,000 208,000 53,000 458,000 366,000 11,767 104,999 116,765 574,765 459,412 10 200,000 212,000 54,000 466,000 373,000 12,002 107,099 119,101 585,101 468,281 11 204,000 216,000 55,000 475,000 380,000 12,182 108,705 120,887 . 595,887 476,710 12 209,000 221,000 56,000 486,000 389,000 12,365 110,344 122.709 608,709 487,168 13 213,000 225,000 57,000 495,000 396,000 12,553 112,015 124,568 619,568 495,654 14 217,000 230,000 58,000 505,000 404,000 12,744 113,720 126,464 631,464 505,171 15 221,000 234,000 60,000 515,000 412,000 12,939 115,459 128,398 643,398 514,718 16 226,000 239,000 61,000 526,000 421,000 13,137 117,233 130,370 656,370 525,296 17 230,000 244,000 62,000 536,000 429,000 13,340 119,042 132,382 668,382 534,906 18 235,000 249,000 63,000 547,000 437,000 13,547 120,887 134.434 681 ,434 544,547 19 240,000 254,000 65,000 559,000 447,000 13,758 122,769 136,527 695,527 556,222 20 244,000 259,000 66,000 569,000 455,000 13,973 124,689 138,662 707,662 565,930 21 249,000 264,000 67,000 580,000 464,000 14,193 126,648 140,840 720,840 576,672 22 254,000 269,000 69,000 592,000 473,000 14.416 128,645 143,061 735,061 587,449 23 259,000 274,000 70,000 603,000 482,000 14,645 130,683 145,327 748,327 598,262 24 265,000 280,000 71,000 616,000 493,000 14,878 132,761 147,638 763,638 611,111 25 270,000 285,000 73,000 628,000 502,000 15,115 134,880 149,996 777,996 621,996 NPV of Prop. TI @ 6.0% - All Phases (Including 20% set a side) $5,580,000 NPV of Prop. TI @ 6.0% - All Phases Oncluding 20% set a side) $6,832,000 NPV of Prop. TI @6.0% . All Phases (Less 20oA. set a side) $4,463,000 NPV of Prop. TI @ 6.0% - All Phases (Less 20% set a side) $5,464,000 Prepared By' Keyser Marston Associates, Inc_ File Name: 1:\w1auderdale\ chrisma1l9; debl service: WDl, 2/29/00 " TABLE 2 CAPITALIZED VALUE vs. DEVELOPMENT COSTS APPROACH TO PROJECTING TAX INCREMENT GATEWAY CHULA VISTA CHULA VISTA, CALIFORNIA Capitalized Value Development Costs Approach Approach Difference Project Area (Plus 20% set a side) $5,887,000 $5,580,000 $307,000 Project Area (Less 20% set a side) $4,711,000 $4,463,000 $248,000 ,. Expanded Project Area (Plus 20% set a side) $7,180,000 $6,832,000 $348,000 Expanded Project Area (Less 20% set a side) $5,745,000 $5,464,000 $281,000 Prepared By: Keyser Marston Associates, Inc. Filename: I:\wlauderdale\ TI Method Comparison; Comparison; 2/28/00; WDL GATEWAY CHULA VISTA Project: Including Anchor Tenant Occupied SF. Absorption K Properly Tax SunnnarP 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 ,iA1L \ \At I.IIULe\ VIJ 1,\ 1 'Total SF 100,334 100,334 100,33! 100.334 100,334 100,334 100,334 IO0,334 100,334 100,334 100,334 100,334 Occupied SF 70,175 97,899 97,599 97,899 97,899 97,899 97,899 97,899 97,899 97,899 97,899 _ 97,899 Vacant Space 30,159 2,435 2,435 2,435 2,435 2,435 2,435 2,435 2,435 2,435 2,435 2,435 Occupied °G 70 °6 98% 98% 98% 98% 9S% 98% 98% 98% 98% 9S% 98% Total SF Absorbed 27,724 - - - - - - - - - " % of Vacant Space Absorped $2,96 93% 60% 50% $330 $3.52 Cap Rae 773 °'0 775% 775% 775% 7.75% CPI Adjustment for Rents 1 000 1.000 1.035 1.071 1.109 1.148 1.188 1.229 1.272 1.317 1.363 1.411 Av Monthly Rent /SF(Net) $177 $1,94 $2.01 S2 08 $2 -16 $223 $2.31 $2.39 5247 $256 $2.65 $2.74 Cap Rate 775% 775% 775%'o 5.75% 775% 775% 775% 775% 775% 775% 775% 775% Value $19,273541 S29,476,899 530,505,590 $31,576,391 $32,681,565 $33,825,419 535,009309 $36234635 $37,502,847 $38,815,447 540,173,987 $41,580,077 Property Taxes 5192,735 $294,769 $305,086 $315,764 $326,816 $338,254 $350,093 $362,346 $375,028 $388,154 $401740 $415,801 I).AI PN\ AT Itl U[:A V131AG Total SF 129,315 129,315 129,315 129,315 129,315 129,315 129,315 129,315 129,315 129,315 129,315 129,315 Occupied SF 92.274 96,986 116,354 122,549 122,849 122,849 122,849 122,849 122,849 122,849 122,849 122,849 Vacant Space 37,041 32,329 12,932 6,466 6,466 6,466 6,466 6,466 6,466 6,466 6,466 6,466 Occupied% 71% 75% 90% 95% 95% 95% 95% 95% 95% 95% 93% 95% Total SF Absorbed 4,712 19,397 6,466 - - - - - - - - % of Vacant Spare Absorped $2,96 13% 60% 50% $330 $3.52 Cap Rae 773 °'0 775% 775% 775% 7.75% CP1 Adjustment for Rents 1 000 1 035 1.071 1.109 1.145 1,189 1.229 1.272 1.317 1.363 1,411 1.460 Av Monthly Rent / SF (Net) 52.17 $2.25 $2.33 S2 41 $239 52.58 $2.67 52.76 $186 $2.96 $3.06 $3.17 Cap Rate 775°0 775% 775,. 775% 7.75% 775% 7.75% 775% T75% 775 °b 775% 775% Value S31.043,486 S33,770,823 $41,943,363 $45,823,124 547,426,933 $49,086,876 $50,804,916 552,583,OS8 $54,423,496 $56,328,319 553 299,810 $60,340,303 ei In d.S c1177nu 4419444 4a;8771 4474269 3490869 $508049 $525831 $544,235 $563,283 $582,998 $603403 GAICN'At 111ULA y1J111J Total SF 155,000 155 000 155,000 155,000 155,000 155,000 155,000 155,000 Occupied SF 108,500 124,000 139,500 147,250 147,250 147,250 147,250 147,250 Vacant Space 46,500 31,000 15,500 7,750 7,750 7,750 7,750 7,750 Occupied% 70% 80% 90% 95% 95% 95% 95°0 95% Total SF Absorbed 108,500 15,500 15,500 7,750 - - - - % of Vacant Space Absorped 33% 50% 50% CPI Adjustment for Rents 1.000 1 035 1.071 1.109 1.148 1.188 1 229 1.272 Av, Monthly Rent / SF I Netl $2.76 $2.86 $2,96 $3.06 $3.17 $3.28 $330 $3.52 Cap Rae 773 °'0 775% 775% 775% 7.75% 775% 775% 775% Value 546,441 -188 S54 933,291 $63,962,950 $69,879,523 $72,325,306 $74,856,692 $77,476,676 $80,188,360 property "]-,ties $41649 $42482 543,332 544.199 $464312 $549.333 $639630 $698,795 $723253 $748,567 5774,767 $801,834 Total l'rnject \'aloe $5Q317,026 $63,247,712 S72,451,953 $77,399,514 5126,549,685 $137,845,586 $149,777,176 $158,697,246 $164,251,650 $170,000,458 $175,950,474 5182,108,740 Total l'ro erhl'ax 5544820 $674960 $767,882 $818,194 51,265497 $ 1,378456 $1,497,772 $1586,972 $1,642,516 $1,700,005 $1759,505 $1821,087 Oatcwav Project 'Fax Increment Analysis 5/11/2009 (.rn)~/1 I/~ s~s\fl'u\' lU:lllJJJIII W.1IP{OJd .ic\\Jl~!) r,liJ~ Illun PJp~1I0J ~ ~1I.'~j Jnq till, I' ,iI:~\" 110 l.JJ!d"-" ~~JV p.JIlIlV. 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Vista], LLC Gateway Chula Vista 2, LLC Gateway Chula Vista 3, LLC G<llrway Project Tax Incremenl Analysis 5/111200iJ s 3,690 S 4,394 S 30,5]4 S 24,117 S 42,479 S 55,0]2 S 59,958 S 65,973 S 157,197 S s 11,1]0 S 23,796 S 264,8]2 406,360 S 32,918 S 269,068 S 305,122 S 40,833 S TOlalf3lespaid S 1,120,670 108,657 2,884,665 °n~...~~ CITY COUNCIL ~~~~~~~_ AGENDA STATEMENT ~ ~~If/ CITY OF "'~"CHUTAVISTA AUGUST 11, 2009, Item ITEM TITLE: PUBLIC HEARING TO CONSIDER ACCEPTANCE OF FISCAL YEAR 2008/2009 STATE COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $131,929 FROM THE STATE COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND AND APPROPRIATING $131,929 IN THE FISCAL YEAR 2010 BUDGET OF THE SLESF GRANT FUND SUBMITTED BY: CHIEF OF POLICE C~,P.U) REVIEWED BY: CITY MANAGER J 4/STHS VOTE: YES ~X NO SUMMARY The Police Department has been awarded $131,929 in Supplemental Law Enforcement Services Fund grant funds. These funds will be used to hire one hourly Cold Case Investigator, one hourly Latent Print Examiner, crime lab equipment, computer equipment, provide additional secure evidence storage and retrofit an of&ce. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in 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 necessazy. RECOMMENDATION That Council conducts the public hearing and adopts the resolution. 14-1 08/11/2009, Item ~7 Page 2 of 4 BOARDS/COMMISSION RECOMMENDATION The State appropriation requires a Regional Oversight Committee's approval of the funds prior to disbursement. In accordance, the Supplemental Law Enforcement Oversight Committee (SLEOC) was established in San Diego County. The Committee is comprised of the County of San Diego Sheriff, the County of San Diego CAO, the Chula Vista Chief of Police, a regional City Manager and the District Attorney. The Committee will review the City of Chula Vista's expenditure plan upon approval by the Chula Vista City Council. BACKGROUND The Police Department has been awazded $131,929 through the Supplemental Law Enforcement Services Fund (SLESF). These state funds were allocated to the Police Department for purposes required by the Citizens' Option for Public Safety (COPS) Program. Acceptance of these funds requires a public hearing per stipulations of the State COPS Program. During fiscal yeaz 1996/1997, the state appropriated funds for local law enforcement services per AB 3229, Chapter 134, Statutes of 1996. In accordance with this Legislation, the state has appropriated funds annually to local law enforcement agencies. The City of Chula Vista's proportionate share of these funds is $131,929. These funds are to be deposited in the City's Supplemental Law Enforcement Services Fund (SLESF Grant Fund) and used for law enforcement personnel and equipment needs as prescribed by the original legislation (AB 3229). These funds must be used to supplement existing funds and cannot replace, or supplant, funds that have already been appropriated for the same purpose. A twenty-five percent (25%) in-kind contribution is required for these funds. The in-kind contribution will be staff time associated with procurement of equipment and training of personnel. The allocation of future funds is subject to annual state budget deliberations. DISCUSSION The Police Department is planning on utilizing SLESF grant monies to fund two positions and purchase crime lab equipment, computer equipment, provide secure storage for evidence and retrofit an office. Details for each proposal are outlined below. Computer Eauinment ($34,226 With the elimination of the Computer Replacement Fund, the department recommends allocating a portion of the SLESF funds to purchasing new computer equipment for the department. These funds would be used to replace aging computers throughout the department. Cold Case Investigator ($25.000) As part of the FY 2010 budget reductions, the hourly wages for the Cold Case investigator were eliminated. SLESF funds now provide the opportunity to bring back this important tool in solving cases which have gone "cold". The Cold Case investigator has previously been able to bring closure to numerous murder cases including the highly publicized Pamela Shelly and Laura Arroyo cases. There are currently several other high profile cases which need a dedicated investigator to sift through evidence, talk with witnesses and employ new DNA 14-2 08/11/2009, Item ~ 1 Page 3 of 4 analysis techniques to find the perpetrators of these crimes. This position would be a part- time/temporary position which will be eliminated at the end of the grant period if no additional funding is obtained. Latent Print Examiner ($48,103 The department is recommending hiring apart-time/temporary Latent Print Examiner to assist with the back log of case work relating to examining finger print evidence. This position will be an at-will position, and unless additional funds aze secured for further funding, it will be eliminated at the end of the grant period. Crime Lab Equipment ($15,600) The Crime Laboratory is recommending purchasing a new alternate light source (ALS) to be used to locate evidence that is not readily visible to the naked eye, such as body fluids, hairs, fibers, gun shot residue, etc. The departments current ALS is over ten yeazs old and is not as effective as the new equipment. The new ALS is 3.5 times more powerful and has been demonstrated to find 70 - 80% more evidence than the older model ALS. This new version has a broader spectral range which allows more types of evidence to be found at the crime scene, significantly improving the ability to fmd and implicate or eliminate suspects associated with a crime. Police Safety Equipment ($9,000) The department recommends the purchase of various safety equipment for the Community Patrol and Traffic units, as well as any of the investigative units. Savin s The department recommends that any savings achieved as part of the purchasing program be utilized to purchase additional safety equipment in the department. 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)(1) is not applicable to this decision. 14-3 08/11/2009, Item /~7 Page 4 of 4 FISCAL IMPACT There is no net impact to the General Fund in fiscal yeaz 2010. Acceptance of the grant will result in the inclusion of $131,929 in the fiscal yeaz 2010 SLESF Grant Fund budget, which will be used for personnel and equipment costs as enumerated above. ONGOING FISCAL IlVIPACT This current proposal provides one year funding for the programs outlined in this report. The Departrnent will seek additional funding for the hourly Cold Case Investigator and hourly Latent Print Examiner in subsequent fiscal years. If no additional funding is obtained, then the positions will need to be eliminated. All other proposals outlined in this report are one year expenditures. ATTACIINIENTS None. Prepared by: Edward Chew, Administrative Services Manager, Police Department 14-4 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CFIULA VISTA ACCEPTING $131,929 FROM THE STATE COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND AND APPROPRIATING $131,929 IN THE FISCAL YEAR 2010 BUDGET OF THE SLESF GRANT FUND WHEREAS, the Police Department was awarded $131,929 from the State Cops Supplemental Law Enforcement Services Fund (SLESF); and WHEREAS, these grant funds can be used for law enforcement related expenditures, however SLESF funds can not supplant current budgeted expenditures; and WHEREAS, the department has identified appropriate projects to utilize these funds which do not supplant currently budgeted funds; and WHEREAS, these funds must be fully expended by June 30, 2010, otherwise any remaining funds will revert back to the State of California; and WHEREAS, the department recommends that any savings achieved as part of the purchasing program be utilized to purchase additional safety equipment in the department. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept $131,929 from the State COPS Supplemental Law Enforcement Fund and appropriate $73,103 to the Personnel Services category, $43,226 to the Supplies and Services category and $15,600 of the Capital category of the fiscal year 2010 budget of the SLESF Grant Fund. Presented by: Approved as to form by: Interim Police Chief ~~~_ l~ ~> CPC' ? `< Bart Miesfeld City Attorney 14-5 CITY COUNCIL AGENDA STATEMENT ~~~ CITY OF CHULA VISTA 08/11/2009 Item ITEM TITLE: PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO NOTICE ACCEPTANCE AND APPROPRIATION OF THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS RELATED TO THE AMERICAN RECOVERY AND REINVESTMENT ACT. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $442,963 FROM THE BUREAU OF JUSTICE ASSISTANCE FOR THE 2009 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT AND AMENDING THE FISCAL YEAR 2009/2010 ADOPTED BUDGET BY TRANSFERRRING TWO POSITIONS FROM THE LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM FUND AND THEIR ASSOCIATED PERSONNEL COSTS TO THE ARRA FUND AND APPROPRIATING AN ADDITIONAL $32,803 TO THE ARRA FUND FOR SERVICES AND SUPPLIES EXPENDITURES SUBMITTED BY: CHIEF OF POLICE G?-tl) REVIEWED BY: CITY MANAGE 4/STHS VOTE: YES X NO SUMMARY The Police Department has recently received notice of an Edwazd Byrne Memorial Justice Assistance Grant award in the amount of $442,963 from the Bureau of Justice Assistance. These funds were allocated to the Police Department based on city population and Part 1 violent crime statistics. This grant is part of the American Recovery and Reinvestment Act and is generally referred to as "JAG Stimulus Grant". 15-1 08/1 I/2009, Item ~ 5 Page 2 of 4 ENVIItONMENTAL REVIEW Not Applicable. RECOMMENDATION That Council conducts the public hearing and adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not Applicable DISCUSSION The American Recovery and Reinvestment Act of 2009 (Recovery Act) was signed into law by President Obama on February 17, 2009. It is an unprecedented effort to jumpstart our economy, create or save millions of jobs, and put a down payment on addressing long-neglected challenges so our country can thrive in the 21st century. The Act is an extraordinary response to a crisis unlike any since the Great Depression, and includes measures to modernize our nation's infrastructure, enhance energy independence, expand educational opportunities, preserve and improve affordable health care, provide tax relief, and protect those in greatest need. The Recovery Act will inject $787 billion into the economy, providing jobs and much needed resources for states and local communities. Among these resources is more than $4 billion for state and local law enforcement and other criminal and juvenile justice activities. The Office of Justice Programs (OJP) which provides federal leadership in developing the nation's capacity to prevent and control crime, administering justice, and assisting victims, will administer $2.76 billion of this funding. $2 billion has been allocated towards the Edwazd Byrne Memorial Justice Assistance Grant (JAG) Program (for clazity, we will refer to this grant as JAG Stimulus Grant). The JAG Stimulus Grant differs from the normal Edwazd Byrne Memorial Justice Assistance Grant, which the department receives on a yeazly basis, in that this is a one time allocation. Federal funds from the Edwazd Byrne Memorial JAG Program must be used to supplement existing funds for program activities and cannot replace, or supplant, nonfederal funds that have been appropriated for the same purpose. The unit of local government must provide an assurance that the application or any future amendment was made public and an opportunity to comment was provided to citizens and the neighborhood or community organizations to the extent applicable law. Local match is not required with the JAG Program. The Police Department received notice in May 2009, of the JAG Stimulus award in the amount of $442,963 from the Bureau of Justice Assistance. These funds were allocated to the Police Department based on city population and Part 1 violent crime statistics. Part 1 violent crimes include murder and non-negligent manslaughters, forcible rape, robbery, and aggravated assaults as reported by the FBI. Acceptance and appropriation of these funds requires a public hearing per stipulations of the Justice Assistance Grant. Because of the disparate funding between the County of San Diego and the municipal police 15-2 08/11/2009, Item 15 Page 3 of 4 agencies, the local municipal law enforcement agencies and the County of San Diego Sheriff were required to submit a single application based upon an agreed upon allocation of the total County of San Diego awazd amount. For the JAG Stimulus Grant, the allocations to each agency remained unchanged. The City of San Diego Police Department will act as the fiscal agent for this grant, and is therefore submitting all documentation directly to the Department of Justice for this grant. The City of Chula Vista will report all grant activity to the City of San Diego Police Department in compliance with the grant provisions. The Police Department recommends using the JAG Stimulus funds to create a new Community Outreach Team, and the purchase of important safety related equipment. These JAG Stimulus Grant funds aze for a two year period (FY 2010 and FY 2011). Community Outreach Team As a result of the significant fiscal crisis in which the City of Chula Vista declared a "Fiscal Emergency", the Police Department eliminated a significant number of positions in the FY 2010 budget. Part of the reductions included the department Public Information Officer and the entire Community Relations Unit. This left the department without any proactive community outreach. The department proposes creating a Community Outreach Team comprised of one Public Information Officer and one Police Community Relations Specialist. This newly created unit would continue the successful community relations efforts and as well as act as a "strike team" to respond to community concerns in a timely manner. JAG Stimulus Grant funds will fully fund this Community Outreach Team for two years. The department will seek additional funding after FY 2011 to continue the program or it will be eliminated. Since the department received notification in May of 2009 of the grant award, the expenditures for the Community Outreach Team were included in the FY 2009/2010 Local Law Enforcement Grant Program fund. Because the City would like to track all ARRA expenditures in a separate fund, this resolution transfers the expenditures from the Local Law Enforcement Grant Program to the ARRA fund. Police Equipment The remaining funds for the JAG Stimulus Grant will be utilized to purchase various police equipment such as computer equipment, police safety equipment, and supplies. 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)(1) is not applicable to this decision. 15-3 08/11/2009, Item ~~ Page 4 of 4 FISCAL IMPACT Approval of this resolution will result in the amendment of the fiscal yeaz 2010 adopted budget by appropriating $32,803 to the Supplies and Services category of the ARRA Fund and transferring $199,938 from the Local Law Enforcement Block Grant Program Fund to the ARRA Fund. The funding from the 2010 Edwazd Byrne Memorial Justice Assistance Grant will completely offset these costs, resulting in no net fiscal impact to the General Fund in fiscal yeaz 2010. The remaining $210,222 for FY 2011 will be included during the regular budget adoption process. ONGOING FISCAL IMPACT. Funding for this project is for fiscal yeazs 2010 and 2011 and will result in no net fiscal impact to the General Fund. Additional funding in succeeding fiscal years will need to be secured in order to continue the Community Outreach Team. ATTACHMENTS None. Prepared by: Edward Chew, Administrative Services Manager, Police Department 15-4 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $442,963 FROM THE BUREAU OF JUSTICE ASSISTANCE FOR THE 2009 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT AND AMENDING THE FISCAL YEAR 2009/2010 ADOPTED BUDGET BY TRANSFERRRING TWO POSITIONS FROM THE LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM FUND AND THEIR ASSOCIATED PERSONNEL COSTS TO THE ARRA FUND AND APPROPRIATING AN ADDITIONAL $32,803 TO THE ARRA FUND FOR SERVICES AND SUPPLIES EXPENDITURES WHEREAS, the American Recovery and Reinvestment Act of 2009 (Recovery Act) was signed into law by President Obama on February 17, 2009 and it is an unprecedented effort to jumpstart our economy, create or save millions of jobs, and put a down payment on addressing long-neglected challenges so our country can thrive in the 21st century; and WHEREAS, $2 billion has been allocated towazds the Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and WHEREAS, the Police Department received notice in May, 2009, of the JAG Stimulus award in the amount of $442,963 from the Bureau of Justice Assistance; and WHEREAS, the Police Department recommends utilizing these funds for a Community Outreach Team comprised of a Public Information Officer and Police Community Relations Specialist, as well as purchasing various police department related supplies and equipment. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept $442,963 from the Bureau of Justice Assistance for the 2009 Edward Byme Memorial Justice Assistance Grant and amending the fiscal year 2009/2010 adopted budget by appropriating $32,803 to the Supplies and Services category of the ARRA Fund, and transferring $199,938 from the Local Law Enforcement Block Grant Program Fund to the ARRA Fund. Presented by: Approved as to form by: Interim Police Chief • ~~~o?~ ~ l Bart Miesfeld City Attorney 15-5 08/11/2009 Item[ ITEM TITLE: PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO NOTICE ACCEPTANCE AND APPROPRIATION OF THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $71,310 FROM THE BUREAU OF JUSTICE ASSISTANCE FOR THE 2009 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT AND AMENDING THE FISCAL YEAR 2009/2010 ADOPTED BUDGET BY APPROPRIATING SAID FUNDS TO THE LOCAL LAW ENFORCEMENT BLOCK GRANT FUND; ACCEPTING $95,000 FROM THE SAN DIEGO COUNTY DISTRICT ATTORNEY AND APPROPRIATING SAID FUNDS TO THE FY 2009/2010 POLICE DEPARTMENT PERSONNEL SERVICES BUDGET AND ADDING ONE POLICE AGENT POSITION TO THE AUTHORIZED POSITION COUNT FOR THE POLICE DEPARTMENT. SUBMITTED BY: CHIEF OF REVIEWED BY: CITY MANAGER 4/STHS VOTE: YES X NO SUMMARY The Police Department has recently received notice of an Edward Byrne Memorial Justice Assistance Grant award in the amount of $71,310 from the Bureau of Justice Assistance. These funds were allocated to the Police Department based on city population and Part 1 violent crime statistics. ENVIRONMENTAL REVIEW Not Applicable. RECOMMENDATION That Council conducts the public hearing and adopt the resolution. 16-1 08/11/2009, Item ~~ Page 2 of 4 BOARDS/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION Proposed to streamline justice funding and grant administration, the Edwazd Byrne Memorial Justice Assistance Grant (JAG) Program allows states, tribes, and local governments to support a broad range of activities to prevent and control crime based on their local needs and conditions. JAG blends the previous Byrne Formula and Local Law Enforcement Block Grant (LLEBG) Programs to provide agencies with the flexibility to prioritize and place justice funds where they aze needed most. Federal funds from the Edward Byme Memorial JAG Program must be used to supplement existing funds for program activities and cannot replace, or supplant, nonfederal funds that have been appropriated for the same purpose. The unit of local government must provide an assurance that the application or any future amendment was made public and an opportunity to comment was provided to citizens and the neighborhood or community organizations to the extent applicable law. Local match is not required with the JAG Program. The Police Department received notice in June 2009, of an Edwazd Byme Memorial JAG awazd in the amount of $71,310 from the Bureau of Justice Assistance. These funds were allocated to the Police Department based on city population and Part 1 violent crime statistics. Part 1 violent crimes include murder and non-negligent manslaughters, forcible rape, robbery, and aggravated assaults as reported by the FBI. Acceptance and appropriation of these funds requires a public hearing per stipulations of the Justice Assistance Grant. The Police Department recommends using the JAG funds for the purchase of computer equipment and to provide partial funding for a Police Agent. Computer Equipment The Police Department is currently implementing a new Records Management System (RMS). This new system will provide significant time savings throughout the department in terms of routing paper reports, records, etc. In addition, because there is an automated data feed from the RMS system into ARJIS, crime statistics will be available faster and much more accurate than before. This project will utilize JAG funds to purchase new computers throughout the department in order to insure sufficient processor power to run RMS correctly. Additionally, the department is working on several projects which will require new data servers to be installed in order to be able to process the significant amount of data that the department receives. Police Agent The Police Department was recently notified of an opportunity to participate in the county-wide Computer and Technology Crime High-Tech Response Team (CATCH Team). The CATCH Team was formed in June 2000, and seeks to apprehend and prosecute all criminals who use technology to prey on citizens of San Diego, Imperial and Riverside Counties. CATCH believes that high-tech crime investigation requires 16-2 08/I112009,Item i~o Page 3 of 4 information sharing and cooperation among all levels of government and without regard to traditional jurisdictional boundaries. Consequently, CATCH was formed with law enforcement from three counties and combining local, state, and federal law enforcement agencies. CATCH also includes vertical prosecutors assigned from all jurisdictions in which CATCH operates. This promotes the most thorough prosecution of the high-tech cases and provides for rapid communication between all levels of government. CATCH has four primary goals that guide the task force: Goal 1: To apprehend and prosecute criminal organizations, enterprise, networks, and groups of individuals engaged in the following activities: • Theft of computer components and other information and high technology products; • Violations of Penal Code sections 211 (Robbery), 350 (Possession and Sales of Counterfeit Goods), 351a (Unauthorized seller), 459 (Burglary), 496 (Possession of Stolen Property), 537e (Possession of property with defaced serial number), 593d (Cable TV Signal Theft), and 593e (Encoded Signal Theft); • Theft of telecommunication services and other violations of Penal Code sections 502.7 and 502.8; • Counterfeiting of negotiable instruments and other valuable items through the use of computer technology and; • Creation and distribution of counterfeit softwaze and other digital information, including the use of counterfeit trademarks to misrepresent the origin of that software or digital information. Goal 2: To apprehend and prosecute individuals and groups engaged in the unlawful access, destruction, or unauthorized entry into and use of private, corporate, or government computers and networks, including wireless communications networks and law enforcement dispatch systems, and the theft, interception, manipulation, destruction, and unauthorized disclosure of data stored within those computers. Goa13: To apprehend and prosecute individuals engaged in the theft of trade secrets. Goal 4: To investigate and prosecute high technology crime cases requiring coordination and cooperation between regional task forces and local, state, federal, and international law enforcement agencies. ID theft is the fastest growing crime in California, the number one fraud complaint in the nation and California has the third-highest per capita rate of identity theft in the nation, more individual victims than any other state, about one and a half times as many as its closest statistical counterpart, Texas. The city of San Diego was the second leading location of identity theft in California, surpassed only by the City of Los Angeles in 2005 (the Federal Trade Commission Identity Theft Victim Complaint Data for 2006 did not include city by city comparison data). Although CATCH's service area has improved in the Federal Trade Commission's national ranking of the highest number of identity theft victims by metropolitan area the amount of crime is still high. In fact, Riverside's number of reported complaints increased and the number of victims per 100,000 population increased to 166.6. Part of the reason for the shift in reported victims from the 16-3 08/11/2009, Item ~ ~O Page 4 of 4 region (based on CATCH investigations and informant information) is likely that the CATCH area's ID thieves have become more sophisticated and are using technology to victimize people outside of our jurisdiction via the Internet, wire transfer, etc. This means that the challenges for the region's law enforcement have become more complex and require more experience, continual training and technology needs in correlation to the proliferation and sophistication of identity theft crime. CATCH will provide $95,000 funding for a new Police Agent to participate in this taskforce. The remaining funding for this position in FY 2010 will come from JAG funds. There will be no impact to the General Fund. In succeeding fiscal yeazs, the department will identify additional funds to continue this important program. 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)(1) is not applicable to this decision. FISCAL IMPACT Approval of this resolution will result in the amendment of the fiscal yeaz 2009/2010 adopted budget by appropriating $38,937 to the personnel services category and $32,373 to the supplies and services category of the Local Law Enforcement Block Grant Fund (fund 254), and $95,000 to the personnel services category of the Police Department budget. The funding from the 2009 Edwazd Byrne Memorial Justice Assistance Grant and the San Diego County District Attorney's Office will completely offset these costs, resulting in no net fiscal impact to the General Fund. The total cost for the CATCH Agent in FY 2010 is approximately $133,937. ONGOING FISCAL IMPACT In order to maintain the CATCH position beyond FY 2009/2010, the Police Department will need to identify additional funds in succeeding fiscal yeazs to maintain the Police Agent in the CATCH Team. Without additional funds, the department will consider a variety of options including eliminating the position. ATTACHIVIENTS None. Prepared by: Edward Chew, Administrative Services Manager, Police Department 16-4 RESOLUTION NO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $71,310 FROM THE BUREAU OF JUSTICE ASSISTANCE FOR THE 2009 F,DWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT AND AMENDING THE FISCAL YEAR 2009/2010 ADOPTED BUDGET BY APPROPRIATING SAID FUNDS TO THE LOCAL LAW ENFORCEMENT BLOCK GRANT FUND; ACCEPTING $95,000 FROM THE SAN DIEGO COUNTY DISTRICT ATTORNEY AND APPROPRIATING SAID FUNDS TO THE FY 2009/2010 POLICE DEPARTMENT PERSONNEL SERVICES BUDGET AND ADDING ONE POLICE AGENT POSITION TO THE AUTHORIZED POSITION COUNT FOR THE POLICE DEPARTMENT WHEREAS, the Police Department has received notice of a grant awazd in the amount of $71,310 from the Bureau of Justice Assistance for the 2009 Edwazd Byrne Memorial Justice Assistance Grant; and WHEREAS, the Police Department also received notice from the County of San Diego District Attorney's Office of a opportunity to participate in the Computer and Technology Crime High-Tech Response Team (CATCH); and WHEREAS, participation in the CATCH Team will allow the department to investigate computer and technology related crimes often times involving identity theft and other serious crimes; and WHEREAS, the Police Department has a history of success working on task forces along with other law enforcement agencies at the local, state, and federal levels; and WHEREAS, the grant funding from the Bureau of Justice Assistance for the 2009 Edward Byme Memorial Justice Assistance Grant and the County of San Diego District Attorney's Office will fully offset the cost of assigned personnel resulting in no negative impact to the General Fund; and WHEREAS, the remaining funds from the 2009 Edward Byrne Memorial Justice Assistance Grant will be utilized to purchase computer equipment. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept $71,310 from the Bureau of Justice Assistance for the 2009 Edward Byme Memorial Justice Assistance Grant and accept $95,000 from the San Diego County District Attorney and appropriate $95,000 to the FY 2010 Personnel Services category in the Police Department budget, and appropriate $38,937 to the Personnel Services category and $32,373 to the Supplies and Services category of the FY 2009 Local Law Enforcement Block Grant Fund; and add one Police Agent authorized position count for the Chula Vista Police Department. 16-5 Presented by: Interim Police Chief Approved as to form by: ~~ ,,~ art Miesfeld /~ ~ 'Qv`~ ~f City Attorney 16-6 CITY COUNCIL & REDEVELOPMENT AGENCY AGENDA STATEMENT °""__' ~ ' ~ttli ' } ~ ~"~CHULAVISiA AUGUST 11, 2009, Item ~ ITEM TITLE: RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING THE EIGHTH AMENDMENT TO THE GATEWAY CHULA VISTA DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) SUBMITTED BY: DEPUTY CITY MANAGh'Ir/DEVELOPMENT SERVICES DIRECTOR REVIEWED BY: CITY MANAGER 4/STHS VOTE: YES ~ NO ^X EXECUTIVE SUMMARY: The Gateway Chula Vista Disposition and Development Agreement (DDA). was approved June 6, 2000, for the development and operation of a phased First Class, First Quality mixed-use commerciaUoffice project with restaurant and retail components and common azeas. The first and second phases have been realized, however, due to mazket conditions they have been unable to attract and maintain the necessary tenant base. The Eighth Amendment to the DDA provides for changes to encourage and entice lease-up of currently vacant space in Gateway phases I and II by: • Removing the First Class First Quality sit down restaurant • Allowing educational and training uses The Eighth Amendment will also incorporate a formula (Attachment A) for calculating any financial GAP that may exist for the construction of Phase III. 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 was covered in previously adopted Mitigated Negative Declazation (MND), IS 99-24. The Environmental Review Coordinator has determined that only minor technical changes or additions to this document aze necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the prepazation of a subsequent document has occurred; therefore, the Environmental Review Coordinator has prepazed an Addendum to Final Mitigated Negative Declazation, IS-99-24. RECOMMENDATION: That the Redevelopment Agency approve the Eighth Amendment to the Gateway Chula Vista Disposition and Development Agreement. 17-1 BOARDS/COMMISSION RECOMMENDATION On July 23, 2009, the Chula Vista Redevelopment Corporation recommended that the Redevelopment Agency adopt the Resolution approving the Eighth Amendment to the Gateway Chula Vista Disposition and Development Agreement. The Gateway Chula Vista DDA and Specific Plan require the construction of a First Class First Quality sit down restaurant to be constructed as part of Phase I or IL Due to mazket conditions and the existing demographics, the Developer has been unable to identify any interested restaurants that meet the criteria for the type and quality currently required. To facilitate the leasing of this space to other qualified tenants, it is recommended that this requirement be removed from both the DDA and the Specific Plan. The Gateway DDA and Specific Plan do not currently allow educational and training facilities. Mazket conditions and the significant decline in the development industry have severely impacted the Developer's ability to maintain tenants in the existing phases. Phases and I and II have leases for approximately sixty-three percent (63%) of the total leaseable space, however, the actual occupancy is somewhere between fifty percent (50%) to fifty-eight percent (58%). The Developer has identified a medical trade institution interested in relocating their existing educational facilities to Gateway. This tenant would occupy a significant amount of space, at approximately 40,000 squaze feet. To facilitate increased lease-up and occupancy, it is recommended that the prohibition of educational and training school be removed from the DDA and Specific Plan. The approval of the DDA Seventh Amendment on June 16, 2009, resulted in the removal of the existing fmancial provisions. To further discussions regarding the development of Phase III, a formula has been crafted to calculate any financial GAP that may exist. This is Attachment A of the Eighth Amendment. It is anticipated that if fmancial assistance is requested by the Developer that any Agency assistance will be negotiated prior to December 31, 2012, and the commencement of the Phase III construction. DECISION MAKER CONFLICTS: Staff has reviewed the property holdings of the Corporation directors and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. FISCAL IMPACT Current Fiscal Impact The original DDA contemplated a Class "A" restaurant which is not financially feasible due to local demographics and therefore the sales tax revenue estimated to come from a class "A" restaurant will not be realized. However, the action will not preclude other restaurant facilities from occupying a space in the Gateway office complex which could generate sales tax revenue. Ongoing Fiscal Impact There are no identified future expenditures associated with approval of the item. ATTACHMENTS 1. Eighth Amendment to the Gateway Disposition and Development Agreement Prepared by: Diem Do, Senior Project Coordinator, Development Services 17-2 EIGHTH AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT (Gateway Phase III Restaurant and Educational Component and Financing Gap Fonnula Amendment) This EIGHTH AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT ("Eighth Amendment") is entered into as of August 11, 2009, ("Effective Date" or "Date of Eighth Amendment") by and between the REDEVELOPMENT AGENCY OF THE CfTY OF CHULA VISTA, a public body corporate and politic ("Agency/') and GATEWAY CHULA VISTA, LLC, a California Limited Liability Company ("Developer"). A. The Agency and the Developer are parties to that certain Disposition and Development Agreement ("DDA") dated June 6, 2000, as amended by that certain First Amendment to DDA ("First Amendment") dated September 25, 2001, as Further amended by that certain Second Amendment to DDA ("Second Amendment") dated December 17, 2001, as administratively amended by that certain Third Amendment to DDA ("Third Amendment") dated April 1, 2002, by that certain Fourth Amendment to the DDA ("Fourth Amendment") dated April 1, 2003, by that certain Fifth Amendment to the DDA ("Fifth Amendment") dated November 18, 2003, by that certain Sixth Amendment to the DDA ("Sixth Amendment") dated February 17, 2004, and by that certain Seventh Amendment to the DDA ("Seventh Amendment") dated July 1, 2009. The DDA, First Amendment, Second Amendment, Third Amendment, Fourth Amendment, Fifth Amendment, Sixth Amendment and the Seventh Amendment are collectively referred to herein as the DDA. B. The DDA relates to the development and operation of a phased First Class First Quality mixed-use commercial/office project with restaurant and retail components and common areas of up to 375,163 square feet, including afive-tier 1229 space parking structure that spans all Phases of the Project; specifically the retail component will include up to 51,905 square feet with restaurants, financial institutions and other retail uses. Phase I .includes 102,329 square feet in a five story office tower at the easterly portion of the Site, Phase II includes 132,334 square feet in a six story office tower, and Phase III will include 140,500 square feet in a six story office tower at the westerly portion ("Project"). C. Capitalized terms used in this Eighth Amendment are defined and set Forth in the DDA, unless separately defined in this Eighth Amendment, inclusive of the Attachments thereto. D. The DDA and Gateway Specific Pldn ("Specific Plan") define the requirement of the construction of a six thousand (6,000) gross leaseable square foot First Class and First Quality sit down full service restaurant. Due to unfavorable economic conditions the Developer has been unable to meet this requirement and has requested that the requirement be removed. Gateway China Vista Page 1 Eighth Amendment to Disposition and Developm~ctt A~reement E. Agenry is willing to remove the First Class First Quality restaurant requirement subject to the terms and conditions set Forth herein. F. The Developer has identified a medical trade institution that desires to locate in the Phase I building and will occupy 40,000 square feet on two Floors. The DDA and the Specific Plan currently list educational and training schools as a prohibited use. G. Agenry is willing to remove educational and training schools as a prohibited use subject to the terms and conditions set forth herein. H. The Developer has submitted an application requesting an amendment to Gateway Specific Plan Section 2.5, Item G and Table 2 to effectuate the removal of the prohibition of educational or training facilities. I. The Seventh Amendment to the DDA approved a Phase III construction commencement date of no later than December 31, 2012, and a construction completion date of December 31, 2014, and required the renegotiation of the amount and timing of Agenry Participation and one or more terms and provisions of the DDA. J. Agency and Developer acknowledge that there may be a financial GAP in the development of Gateway Phase III and, notwithstanding section 801 of the DDA, agree to negotiate in good faith in identifying the amount of the GAP that the Agenry may consider funding and the timing of any Agency Participation, pursuant to Section 800 of the DDA. K. Pursuant to Section 1315 of the DDA, this Eighth Amendment requires approval by the Agenry Board. NOW, THEREFORE, in consideration of the foregoing recitals, which are a substantive part of the Eighth Amendment, the covenants and consideration contained and exchanged herein, Agency and Developer agrees as follows: 1. DDA Section 1001 2_(al Commercial Retail Space Bank and Restaurant is hereby amended and restated to remove the requirement that no less than 6,000 square feet of the gross leaseable building area in the Phase I improvements or the Phase II Improvements in the Project shall be for the. use, occupanry, and operation of a First Class, First Quality Restaurant. 2. DDA Section 101 Definitions is hereby amended and restated to remove the definition of "Restaurant" on page 23. Gateway China Vista Page 2 Eighth Amendment to Disposition and Developrcle~t,$greement DDA Section 1001 2~f1 Ivii]__Prohibited u~e~ in Offir~,/Profe«ion Space is hereby amended and restated to remove the prohibition of educational or training facilities and Section 1001.2 (f) is hereby renumbered accordingly . 4. The Developer hereby agrees on the formula for calculating the Financing -- -Gap Analysis for Phase III Building (Attachment A). Developer shall complete and submit the Financing Gap Analysis spreadsheets (Attachment A) to the Agency. for review and consideration by June 30, 2012. Developer and Agenry hereby agree that any financial GAP assistance will be negotiated and finalized between Agenry and Developer prior to December 31, 2012. 5. Other Provisions. F~ccept as expressly provided herein, all other terms and conditions of the DDA shall remain in Full force and effect. [Signature Block For Eighth Amendment begins on Need Page] Gateway Chula Visfa Page 3 Eighth Amendment to Disposition and Developrr~t ~greement Signature Page to Eighth Amendment ib Gateway Disposition and Development Agreement IN WITNESS WHEREOF, the Redevelopment Agency of the City of Chula Vista, as Agency, and Gateway Chula Vista LLC, as Developer, have signed this Eighth Amendment to the Gateway Disposition and Development Agreement as of the Effective Date. REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, a public body corporate and politic. By: Cheryl Cox, Chair GATEWAY CHULA VISTA, LLC, a California Limited Liability Company. By: Coast Paci$c Properties, LLC, a California Limited Liability Company Its: Co-Managing Member By: James V. Pieri, Managing Member By: Chula Vista Asset Management, LLC, a California Limited Liability Company. Its: Co-Managing Member By: D. Gregory Scott, Chairman Manager ATTEST: By: Agency Secretary Approved as to form: Approved as to form: By: By: Agenry General Counsel Counsel to Developer Gateway China Vista Page 4 Eighth Amendment to Disposition and Developm~r~,4®reement i liic77G~ia C2~ r.n2!;/S!5 - ~F Sc !!!i~.uivlii~ Gat_way Chula Vise=_ vice Buiidino Ci~/ c~ Chula ~Jis`,~- 17-7 P ROJEC? DESC?uPTiON - F~ASc Ilf CHUL4 VSSTA GA i cMAY .. Sita Araa It. Gass 3uiidre A.=_e (G?A} O~~.c~ -ar:zcia -email ~ormcr ~: ae iGi31 Gc~ III. O R5~7Ci]C^ I J75 i\:, P~.~ V. 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SP GoA ~fe~+Qy Financing Gap Analysis-Phase III building ]-~ 3 Page l RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING THE EIGHTH AMENDMENT TO THE GATEWAY CHULA VISTA DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) WHEREAS, the Agency and the Developer aze parties to that certain Disposition and Development Agreement ("DDA") dated June 6, 2000, as amended by that certain First Amendment to DDA ("First Amendment") dated September 25, 2001, as further amended by that certain Second Amendment to DDA ("Second Amendment") dated December 17, 2001, as administratively amended by that certain Third Amendment to DDA ("Third Amendment") dated April 1, 2002, by that certain Fourth Amendment to the DDA ("Fourth Amendment") dated April 1, 2003, by that certain Fifth Amendment to the DDA ("Fifth Amendment") dated November 18, 2003, by that certain Sixth Amendment to the DDA ("Sixth Amendment") dated February 17, 2004, and by that certain Seventh Amendment to the DDA ("Seventh Amendment") dated July 1, 2009. The DDA, First Amendment, Second Amendment, Third Amendment, Fourth Amendment, Fifth Amendment, Sixth Amendment and the Seventh Amendment are collectively referred to herein as the DDA; and WHEREAS, the DDA relates to the development and operation of a phased First Class First Quality mixed-use commercial/office project with restaurant and retail components and common azeas of up to 385,089 squaze foot, including afive-tier 1300 space pazking structure that spans all Phases of the Project; specifically the retail component will include up to 81,000 squaze feet with restaurants, financial institutions and other retail uses. Phase I includes 102,329 square feet in a five story office tower at the easterly portion of the Site, Phase II includes 132,334 square feet in a six story office tower, and Phase III will include 150,426 square feet in a six story office tower at the westerly portion ("Project"); and WHEREAS, The DDA and Gateway Specific Plan ("Specific Plan") define the requirement of the construction of a six thousand (6,000) gross leaseable squaze foot First Class and First Quality sit down full service restaurant. Due to unfavorable economic conditions the Developer has been unable to meet this requirement and has requested that the requirement be removed; and WHEREAS, Agency is willing to remove the First Class First Quality restaurant requirement subject to the terms and conditions set forth in the Eighth Amendment to the DDA; and WHEREAS, the Developer has identified a medical trade institution that desires to locate in the Phase I building and will occupy 42,000 square feet on two floors. The DDA and the Specific Plan currently list educational and training schools as a prohibited use; and WHEREAS, Agency is willing to remove educational and training schools as a prohibited use subject to the terms and conditions set forth in the Eighth Amendment to the DDA; and 17-14 WHEREAS, the Developer has submitted an application requesting an amendment to the Gateway Specific Plan Section 2.5, Item G and Table 2 to effectuate the removal of the prohibition of educational or training facilities; and WHEREAS, Agency and Developer acknowledge that there may be a fmancial GAP in the development of Gateway Phase III and, notwithstanding section 801 of the DDA, agree to negotiate in good faith in identifying the amount of the GAP that the Agency may consider funding and the timing of any Agency Participation, pursuant to Section 800 of the DDA; and WHEREAS, any financial GAP assistance will be negotiated between Agency and Developer prior to December 31, 2012, and the development of Phase III; and WHEREAS, The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project was covered in previously adopted Mitigated Negative Declaration (MND), IS 99-24. The Environmental Review Coordinator has determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the prepazation of a subsequent document has occurred; therefore, the Environmental Review Coordinator has prepared an Addendum to Final Mitigated Negative Declazation, IS-99-24. NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula Vista does hereby approve the Eighth Amendment to the Gateway Chula Vista Disposition and Development Agreement in the form presented. BE IT FURTHER RESOLVED, the Chairperson is authorized and directed to execute fmal forms of the Eighth Amendment, and Agency staff is authorized and directed to take all reasonable actions necessary to implement the same. Presented by: Approved as to form by: Gary Halbert // Bart C. Deputy City Manager/Development Services Manager ~~tGeneral 17-15 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Dated: EIGHT AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT FOR GATEWAY PHASE III RESTALJRANT AND EDUCATION COMPONENT AND FINANCING GAP FORMULA AMENDMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF CIIUI,A VISTA AND GATEWAY CHULA VISTA, LLC 17-16 EIGHTH AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT (Gateway Phase III Restaurant and Educational Component and Financing Gap Formula Amendment) This EIGHTH AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT ("Eighth Amendment") is entered into as of August 11, 2009, ("Effective Date" or "Date of Eighth Amendment") by and between the REDEVELOPMENT AGENCY OF THE CETY OF CHULA VISTA, a public body corporate and politic ("Agency') and GATEWAY CHULA VISTA, LLC, a California Limited Liability Company ("Deve{oper"). A. The Agency and the Developer are parties to that certain Disposition and Development Agreement ("DDA") dated June 6, 2000, as amended by that certain First Amendment to DDA ("First Amendment") dated September 25, 2001, as further amended by that certain Second Amendment to DDA ("Second Amendment") dated December 17, 2001, as administratively amended by that certain Third Amendment to DDA ("Third Amendment'') dated April 1, 2002, by that certain Fourth Amendment to the DDA ("Fourth Amendment'") dated April 1, 2003, by that certain Fifth Amendment to the DDA ("Fifth Amendment'") dated November i 8, 2003, by that certain Sixth Amendment to the DDA ("Sixth Amendment") dated February 17, 2004, and by that certain Seventh Amendment to the DDA ("Seventh Amendment") dated July 1, 2009. The DDA, First Amendment, Second Amendment, Third Amendment, Fourth Amendment, Fifth Amendment, Sixth Amendment and the Seventh Amendment are col{ectively referredro herein as the DDA. B. The DDA re{ates to the development and operation of a phased First C{ass First Quality mixed use commercial/office project with restaurant and retail components and common areas of up to 375,163 square feet, including alive-tier 1229 spoce parking structure that spans all Phases of the Project; specifically the retail component will include up to 51,905 square feet with restaurants, financial institutions and other retail uses. Phase I includes 102,329 square Feet in a Five story office tower at the easter{y portion of the Site, Phase II includes 132,334 square feet in a six story office tower, and Phase III will include 140,500 square feet in a six story office tower at the westerly portion ("Project'). C. Capitalized terms used in this Eighth Amendment are defined and set Forth in the DDA, unless separately defined in this Eighth Amendment, inclusive of the Attachments thereto. D. The DDA and Gateway Specific P{an ("Specific Plan") define the requirement of the construction of a six thousand (6,000) gross leaseable square foot First Class and First Quality sit down full service restaurant. Due to unfavorable economic conditions the Developer has been unable to meet this requirement and has requested that the requirement be removed. Gateway Chuia Vista Page 1 Eighth Amendment to Disposition and Development Agreement 17-17 E. Agency is willing to remove the First C{ass First Qua{ity restaurant requirement subject to the terms and conditions set forth herein. F. The Developer has identified a medical trade institution that desires to {ocate in the Phase I building and will occupy 40,000 square feet on two floors. The DDA and the Specific P{an current{y list educations! and training schools as a prohibited use. G. Agency is wilting to remove educational and training schools as a prohibited use subject to the terms and conditions set forth herein. H. The Developer has submitted an application requesting an amendment to Gateway Specific P{an Section 2.5, Item G and Table 2 to effectuate the remova! of the prohibition of educations{ or training facilities. I. The Seventh Amendment to the DDA approved a Phase III construction commencement date of no later tnan December 31, 2012, and a construction completion date of December 31, 2014, and required the renegotiation of the amount and timing of Agency Participation and one or more terms and provisions of the DDA. J. Agency and Developer acknowledge that there may be a financial GAP in the development of Gateway Phase Ili and, notwithstanding section 801 of the DDA, agree to neaotiare in good faith in identifying the amount of the GAP that the Agency may consider funding and the timing of any Agency Participation, pursuant to Section 800 of the DDA. K. Pursuant to Section 1315 of the DDA, this Eighth Amendment requires approval by the Agency Board. NOW, THEREFORE, in consideration of the foregoing recitals, which are a substantive part of the Eighth Amendment, the covenants and consideration contained and exchanged herein, Agency and Developer agrees as fol{ows: 1 . L)DA Section 100~(a)~omm r~iahtai> <Sooce Bay, and Restaurant is hereby amended and restated to remove the requirement that no less than 6,000 square feet of the -gross leaseable building area in the Phase I improvements or the Phase II Improvements in the Project shall be for the use, occupancy, and operation of a First Class, First Quality Restaurant. 2. DDA Section 101 Definitions is hereby amended and restated to remove the definition of "Restaurant" on page 23. Gateway China Visfa Page 2 EightF Amendment to Disposition and Development Agreement 17-18 3. D1~A Section 1001 2~(Fl (vii) Prohibited Uses in O1»~F/ProfPSSio>~oace is hereby amended and restated to remove the prohibition of educational or training facilities and Section 1001.2 (f) is hereby renumbered occordingly . 4. The Developer hereby agrees on the formu{a for ca{cu{sting the Financing Gap Analysis for Phase III Bui{ding (Attachment A). Developer shall complete and submit the Financing Gap Analysis spreadsheets (Attachment A) to the Agency for review and consideration by June 30, 2012. Deve{oper and Agency hereby agree that any financial GAP assistance will be negotiated and finalized between Agency and Developer prior to December 31, 2012. ~. Other Provisions. Except as expressly provided herein, alt other terms and conditions of the DDA shall remain in full force and effect. (Signature Block for Eighth Amendment begins on Need Page] Gateway China Vista Page 3 Eighth Amendment to Disposition and Deve~opmenr Agreement 17-19 Signature Page to Eighth Amendment to Gateway [3ispQSifion and Deve{opment Agreement IN WETNESS WHEREOF, the Redevelopment Agency of the City of Chula Vista, as Agenry, and Gateway Chu{a Vista LLC, as Developer, have signed this Eighth Amendment to the Gateway Disposition and Deve{opment Agreement as of the Effective Date. REDEVEE_OPbJtENT AGENCY OF THE CETY OF CHULA VISTA, a public body corporate and polric. By: Cheryl Cox, Chair GATEWAY CHULA VISTA, LLC, a California Limited Liability Company. By: Coast Faciric Properties, LLC, a California Limited Liability Company Its: Co-Managing Member By: James V. Fieri, Managing Member By: Chu{a Vista Asset Manogement, LLC, a California Limited Liability Company. lis: Co-Managing Member By: D. Gregory Scott, Chairman Manager ATTEST: By: Agency Secretary Approved as to form: By: Agency General Counsel Approved as io Form: By: Counsel to Developer Gateway China Vista Page 4 Eighth Amendment to Disposition and Development Agreement 17-20 CITY COUNCIL AGENDA STATEMENT CITY OF CHULA VISTA AUGUST 11, 2009, Item ITEM TITLE: REPORT; PRESENTATION BY THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) REGARDING PREPARATION OF THE 2050 REGIONAL GROWTH FORECAST, AND REQUEST FOR CITY ASSISTANCE SUBMITTED BY: DEPUTY CITY MANAGI/ DIRECTOR OF DEVELOPMENT SEnR,~V^ICES REVIEWED BY: CITY MANAGER 4/STNS VOTE: YES ~ NO SUMMARY The City Council will receive a presentation from SANDAG staff regarding the 2050 Regional Growth Forecast. SANDAG will request City assistance in helping to develop local land use scenarios to be used in generating forecast projections to the year 2050. At present, collective land use plans of the region's jurisdictions do not contain enough residential housing capacity to meet projected demands to 2050, and approximately an additional 70,000 units would be needed region-wide. SANDAG is meeting with all jurisdictions to provide background information about forecast requirements, present possible approaches to modeling additional capacity, and to request local jurisdictions to review those approaches (or other locally preferred options) and provide input back to SANDAG by October 2009 on a suitable local capacity scenario for their jurisdiction to be used in the 2050 Forecast. ENVIRONMENTAL REVIEW Not applicable. RECOMMENDATION That Council support SANDAG's request, and direct staff to review possible capacity- adding forecast options and return to Council with recommendations for consideration. BOARDS/COMMISSION RECOMMENDATION Not applicable. 18-1 August 11, 2009, Item ~B Page 2 of 3 DISCUSSION Approximately every 5 yeazs, SANDAL prepazes a Regional Growth Forecast as part of its requirements for receiving federal and state transportation funding, among other purposes. The Forecast is used to prepaze the Regional Transportation Plan (RTP) and a variety of other regional planning documents and funding programs, including the Smart Growth Incentive Grant Program. The forecast typically looks out 25 yeazs, however, there aze several factors behind SANDAG's extending the current forecast's horizon to 2050, namely; the upcoming RTP update will extend to 2050 to cover the duration of TransNet sales tax which expires in 2048; the County Water Authority (CWA) is updating its Urban Water Management Plan which extends beyond 2035, and the forecast will be used to develop the region's first Sustainable Communities Strategy (SCS) as required by the passage of SB375. The SCS will address the region's ability to meet State Greenhouse Gas (C02) reduction requirements that have benchmark performance milestone years extending to 2050. Through early work on the forecast, SANDAL has identified that the collective housing capacity of adopted land use plans across the region is not sufficient to accommodate projected growth. The region effectively runs out of available housing capacity around 2030-35, and needs about 70,000 more units to meet remaining forecast demand to 2050. In past forecasts, when supply within the region was saturated, housing demand was exported to adjoining regions in Imperial, Orange and Riverside Counties, and Baja California. Under SB375 the region needs to internally accommodate that capacity, and cannot effectively export that demand as it has in the past. As a result, the 2050 Forecast needs to model housing capacities beyond those in adopted plans. SANDAL has been working with the region's planning and community development directors through the Regional Planning Technical Working Group (TWG) to identify a series of initial land use scenarios that could bridge the housing capacity gap. Twelve scenarios were originally conceived, and were narrowed to five scenarios for further examination, along with a sixth option for jurisdiction-specific scenarios. The attached memo from SANDAL (see Attachment 1) outlines these options that will be covered in SANDAG's presentation. Recognizing that one size does not fit all, the SANDAL Board directed their staff to work with each jurisdiction to review the options to determine which (if any) provide a suitable 2050 land use scenario for that jurisdiction. SANDAG's presentation is informational in nature and no action on any of the scenarios is requested of Council. SANDAL is asking that each jurisdiction subsequently review the scenarios and provide input back to SANDAL by October 2009 on which of the five, or if a substitute scenario, should be used for Chula Vista in the 2050 Forecast. If directed by Council, staff intends to review the various scenarios' implications for Chula Vista, and return to Council with recommendations for discussion not later than early October. Understanding that additional housing capacity has an effect on facilities, services, and fiscal matters; our review will include consideration of potential social and financial implications. Based on Council input and direction at that time, staff will forward a preferred forecast scenario (or a hybrid) for Chula Vista to SANDAL for use in 18-2 August 11, 2009, Item Page 3 of 3 preparation of the Drafr 2050 Forecast. The Draft Forecast will be subject to further jurisdictional review in November/December 2009. DECISION MAKER CONFLICT Not Applicable: 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)(1) is not applicable to this decision. CURRENT YEAR FISCAL IMPACT None. Staff time associated with the proposed forecast review is already included in the adopted FY2009-10 budget. ONGOING FISCAL IMPACT None; the associated review will be completed by October 2009. ATTACHMENTS 1. SANDAG memorandum Prepared by: Ed Batchelder, Advance Planning Manager, Development Services Department J: IPlartninglEDISANDAGISANDAG 2050 Forecast Final A/l3.doc 18-3 ~~o ~~, 401 s street suite 800 July 24, 2009 San D1egD, fA 92 101-423 1 (579) 699-1900 Fax (619) 649-1905 www.sandag.org TO: 'ego Region Cities and County FROM: or Lori Holt Pfeiler, SANDAG Board Chair MEMBER AGFNdES Cities of cadsbad Chuk l izta Coronado De! Mar fl Cajan Encinitas Escontlido Imperial Beach to Mesa tenon Grope National city Oceanside Poway San Diego San Marcos Santee Solana Bead, Yuta and Counryofsan Diego ADV/sORYMEMBFRs bnpenal county Ca/ifomia Department of hansportatton Metropo5tan Transit system North Caunry imnsit District United States Department of De/ense San Diego untried Port District San Diego county waterauthodry Southern California Tribal ChairmenTASSOCiatim Mexico SUBJECT: 2050 Regional Growth forecart File Number 3100900 In its role as the Metropolitan Planning Organization for the San Diego region, SANDAG prepares a regional growth forecast every four years. The regional forecast is largely based on local land use plans and policies, and is meant to reasonably identify where growth is projected to occur in the region over the long term. The forecast is completed through amulti-rtep, collaborative process that involves input from local jurisdictions (in particular, the planning and community development directors who serve on the Regional Planning Technical Working Group (TWG)), citizens, and elected officials. in addition to local outreach, SANDAG staff conducts peer review by outside experts including demographers, economists, developers, and natural resource managers to evaluate economic and demographic assumptions about fertility, migration, inflation, and other indicators. Over the past three decades, this collaborative process has resulted in forecasts that have been quite accurate. As such, SANDAG forecasts have served as a valuable planning tool for regional and local infrastructure providers such as transportation agencies, school districts, water suppliers, and others. SANDAG currently is developing a forecast extending to 2050. The 2050 Regional Growth Forecast' will be the first step in developing the 2050 Regional Transportation Plan (RTP}. As part of the RTP, the 2050 forecast will serve as the basis for the region's first Sustainable Communities Strategy. The forecast also will be used in developing the Regional Housing Needs Assessment (RHNA) and updating the next Regional Comprehensive Plan (RCP). Finally, as with past forecasts, the 2050 Forecast also will support local land use, capital improvement, and water resource planning efforts throughout the region. 2050 Grovvth: Change and Challenges Previous forecarts have consistently shown that the San Diego region will continue to grow although at reduced rates in the future. This forecast is no different and preliminary draft projections suggest that the region will ' SANDAG denotes forecasts by a sequential series number. The current working forecast is known as the.5eries 12: 2050 Regional Growth Forecast. approach 4.4 million residents, 1.9 million jobs, and 1.5 million housing units by 2050 (see Figure 1.) Most of the projected residential growth can be accommodated based on adopted general plans and policies; however, draft projections show the region's housing demand exceeds planned housing capacity before 2050. Based on land use and general plan input from the TWG, draft analysis indicates that local plans would be able to accommodate more than the 500,000 additional jobs projected by 2050, but would come up short in planned housing, with capacity for only 380,000 units out of the 450,000 projected. This results in a projected shortfall of 70,000 housing units (approximately 15 percent) by 2050. This analysis is based on information from exirting general plans, including the County of San Diego draft plan update, areas considered most likely for redevelopment based on local input, and information on natural constraints to development, such as steep slopes, Figure t. Draft 2050 Growth Projections for San Diego Region habitat, and floodplains, as well as policies such as parking requirements, setbacks, and existing buildings and infrastructure, that influence future development and redevelopment potential. Initial economic projections show strong growth in real per capita income and stable, diversified employment growth over the next four decades. While there is sufficient capacity for job growth, continued economic development in the region is contingent upon providing opportunities to house San Diego's future labor force, as indicated in the SANDAG Regional Economic Prosperity Strategy. Important Considerations for the 2050 Forecast As a result of Senate Bill 375 (Steinberg, 2008), the SANDAG forecast shall "identify areas within the region sufficient to house all the population of the region...over the course of the planning period of the regional transportation plan."2 Further, in order to avoid additional state review during the RHNA process, the population forecart also must be "within a range of 3 percent of the total regional population forecast...over the same time period by the [California] Department of Finance."3 At this point, the SANDAG 2050 projection of 4.4 million residents falls within 3 percent of the Department of Finance projection (4.5 million). Currently adopted general plans and certain draft updates allow capacity to provide housing opportunities for about 85 percent of the housing demand projected for the region. Recognizing that many of the region's general plans will be updated at least once between now and 2050, SANDAG staff has been working with each jurisdiction through the TWG since October 2008 to identify opportunities to accommodate the 70,000 housing units shortfall in the last 10 to 15 years of the forecast. ' California Senate Bill 375, section 4 (b)(2)(B)(ii). Approved by California Governor September 30, 2008. ' California Senate Bill 375, Section 8 (b). Approved by California Governor September 30, 2008. 2 18-5 Recommendations from the TWG and the SANDAG Regional Planning Committee, Transportation Committee, and Board of Directors To ensure local input, SANDAG staff has been working with local planning directors, through the TWG, to identify a series of land use scenarios that could bridge the gap between the horizon year of local general plans and the 2050 forecast year. Twelve scenarios and their variants were generated through a series of workshops and meetings with the TWG. The TWG reviewed each scenario in detail with a focus on selecting alternatives that were reasonable based on knowledge of local plans and market conditions, as well as alternatives that align with regional goals described in approved plans such as the RCP and RTP. Based on those objectives, at its May meeting, the TWG recommended that SANDAG staff continue to examine the following land use scenarios: • Maximum general plan development/redevelopment regionwide • Density increases in transit investment areas • Redevelopment near high-frequency transit stations • Plan updates in Smart Growth Opportunity Areas (SGOAs) • inclusion of draft plans in the forecast, at jurisdiction's discretion • Jurisdiction-specific options, not listed above These alternatives also were presented to the SANDAG Regional Planning and Transportation Committees. Both groups recommended that these alternatives be studied further. Recognizing that one size does not fit all jurisdictions in our diverse region, the SANDAG Board of Directors directed SANDAG staff to work with each jurisdiction to determine which (if any) of the above options provides a suitable 2050 land use scenario for that jurisdiction. Next Steps To have the best chance of meeting the schedule set for completing the RTP, the regional growth forecast process must move ahead. To help facilitate the forecast process, the SANDAG Board of Directors has directed SANDAG staff to work with each jurisdiction to develop the 2050 growth forecast. Each jurisdiction will have the option to consider one of the proposed 2050 scenarios (listed above) or to provide a substitute scenario. Upon collecting information from each jurisdiction, SANDAG staff proposes to produce a draft subregional forecast in late 2009 that would be shared with each jurisdiction far comment and review. The final forecast is expected to be presented to the SANDAG Board of Directors in early 2010 for use in the 2050 RTP. KKU/BJA/dsn 3 18-6 OK ' p~ ~I I Alt . ~ MCt.i I 8-b- c7`1 ~`~~/ ++». CIN OF CHULA VISTA Mayor and City Council City Of Chula Vista 276 Fourth Avenue Chula Vista, Ca 91910 619.691.5044 - 619.476.5379 Fax MEMO August 5, 2009 TO: Mayor & City Council Donna Norris, City Clerk Lorraine Bennett, Deputy City Clerk Sheree Kansas, Records Specialist Joyce Malveaux, Board of Ethics Secretary VIA: Mayor Cheryl Cox ~~ FROM: Jennifer Quijano, Constituent Services Manage RE: Board of Ethics Appointment Dr. Chris Searles resigned from the Board of Ethics. Board of Ethics applicants are interviewed by two outside City Managers in accordance with the process approved by City Council and with the General Rules for Boards & Commissions (see below). 2.25.040 Membership -Applications; interview, nomination and appointment process D. The Mayor shall forward applications for membership on the Board of Ethics to a panel consisting of at least two City Managers from cities in San Diego County, excluding Chula Vista. The panel shall review the applications, interview applicants, and make a recommendation to the City Council for appointment. Chris Zapata, City Manager of National City and Gary Brown, City Manager of Imperial Beach interviewed six applicants. They recommended to the City Council Mr. AI Sotoa (see attached application). Mayor Cox recommends AI Sotoa for appointment to the Board of Ethics to replace Dr. Chris Searles. Please place AI Sotoa on the August 11, 2009, Council agenda for ratification and schedule the oath of office for the September 1, 2009, Council agenda. Thank you. - ~- ©~ 1"~r. SesEoQ cis rq~ cuv~.ec~-4-\~ S-P we ~