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CITY OF
CHULA VISTA
Cheryl Cox, Mayor
Rudy Ramirez, Councilmember James D. Sandoval, City Manager
)ohn McCann, Councilmember Bart Miesfeld, City Attorney
Pamela Bensoussan, Councilmember Donna Norris, City Clerk
Steve Castaneda, Councilmember
September 15, 2009
4:00 P.M.
CALL TO ORDER
Council Chambers
City Hall -Building 100
276 Fourth Avenue
ROLL CALL: Councilmembers Bensoussan, Castaneda, McCann, Ramirez, and Mayor Cox
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
OATHS OF OFFICE:
Derek Turbide
Julio Fuentes
Carol Gove
Alejandro Galicia
Virgil Whitehead
Resource Conservation Commission
Safety Commission
Safety Commission
Veterans Advisory Commission
Veterans Advisory Commission
RECOGNITION OF PARK VIEW LITTLE LEAGUE TEAM'S ACHIEVEMENT AS
2009 LITTLE LEAGUE WORLD SERIES CHAMPIONS
PRESENTATION OF A PROCLAMATION TO BRIDGETT LUTHER, DIRECTOR
OF CONSERVATION FOR THE STATE OF CALIFORNIA, AND DONNA CLEARY,
SAN DIEGO COORDINATOR FOR "STAND FOR LESS", PROCLAIMING
SEPTEMBER 2009 AS "STAND FOR LESS" MONTH IN THE CITY OF CHULA
VISTA
PRESENTATION OF CHULA VISTA'S NEWEST VERIFIED "CLEAN
BUSINESSES" BY LYNN FRANCE, ENVIRONMENTAL SERVICES PROGRAM
MANAGER
PRESENTATION OF A PROCLAMATION
COMMENDING COIN MART JEWELRY FOR ITS
CITY OF CHULA VISTA
CONSENT CALENDAR
(Items I-13)
TO BARBARA ALTBAUM
50TH ANNIVERSARY IN THE
The Council will enact the Consent Calendar staff recommendations by one motion,
without discussion, unless a Councilmember, a member of the public, or staff requests
that an item be removed for discussion. If you wish to speak on one of these items, please
fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk
prior to the meeting. Items pulled from the Consent Calendar will be discussed
immediately following the Consent Calendar.
APPROVAL OF MINUTES of May 26 and June 2, 2009.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
Letter of Resignation from Port Commissioner William Hall.
Staff recommendation: Council accept the resignation.
3. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.04.050
OF THE CHULA VISTA MUNICIPAL CODE RELATING TO TIME AND PLACE
OF COUNCIL WORKSHOPS (FIRST READING)
Section 2.04.050 of the Chula Vista Municipal Code sets the time and place for City
Council Workshops. The current ordinance sets the time on the fourth Thursday of the
month at four p.m. in the council conference room in the Civic Center Complex.
Adoption of the ordinance will update the Municipal Code to reflect the current practice
of convening Council Workshops on the first Thursday of the month. (Director of
Finance)
Staff recommendation: Council place the ordinance on first reading.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS WITH
SAN DIEGO COMMUNITY HOUSING CORPORATION NECESSARY FOR THE
IMPLEMENTATION OF THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT NEIGHBORHOOD STABILIZATION PROGRAM
On March 3, 2009, Council approved and appropriated Neighborhood Stabilization
Program funds that included a portion for Rental Housing for Very Low Income
Households. Staff is bringing forward the selected agencies in response to a Request For
Qualifications for Council consideration and to authorize the City Manager to execute
any necessary documents. (Deputy City Manager/Development Services Director)
Staff recommendation: Council adopt the resolution.
Page 2 -Council Agenda httpilwww.chulavistaca.eov September 15, 2009
5. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE DOWNTOWN PARKING MANAGEMENT STRATEGY,
ACCEPTING BIDS, AND AWARDING THE CONTRACT FOR PARKING
DISTRICT MANAGEMENT AND ENFORCEMENT TO ACE PARKING
B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 10 CHAPTERS
10.08, 10.52, 10.56 AND 10.62 OF THE CHULA VISTA MUNICIPAL CODE,
RELATED TO PARKING (FIRST READING)
C. ORDINANCE OF THE CITY OF CHULA VISTA MODIFYING THE BOUNDARIES
OF THE DOWNTOWN PARKING DISTRICT (FIRST READING)
As part of the City's management of the Downtown Parking District, staff has worked
closely with the public to identify administrative and capital improvements that can be
implemented. To accomplish this, a Parking Management Strategy is being presented
that includes a recommendation to contract management and enforcement of the District,
modification of the District boundaries, and necessary amendments of the Chula Vista
Municipal Code. (Deputy City Manager/Development Services Director)
Staff recommendation: Council adopt the resolution and place the ordinances on first
reading.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND SOUTH BAY COMMUNITY
SERVICES FOR IMPLEMENTATION OF HOMELESS PREVENTION AND RAPID
RE-HOUSING SERVICES
On June 29, 2009, the Department of Housing and Urban Development approved the
City's Drafr 2008-2009 Amended Annual Action Plan that proposed two activities to be
funded with Homeless Prevention and Rapid Re-Housing funds in the amount of
$819,738. Adoption of the resolution allows the City to enter into a Memorandum of
Agreement with South Bay Community Services to carry out the homeless prevention
and rapid re-housing activities on behalf of the City. (Deputy City
Manager/Development Services Director)
Staff recommendation: Council adopt the resolution.
7. A. ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 15.12, GREEN
BUILDING STANDARDS, TO THE CHULA VISTA MUNICIPAL CODE (FIRST
READING)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING THE CHULA VISTA GREEN BUILDING STANDARDS
Page 3 -Council Agenda htto://www.chulavistacaNov September 15, 2009
On July 10, 2008, Council approved Resolution No. 2008-177 in which the
Implementation Plans for the Climate Change Working Group (CCWG) measures were
adopted. Measure 4, Green Building Standards, consists of several components, one of
which is the early adoption of the State Housing and Community Development's (HCD)
standazds that are in the California Green Building Standards Code. The proposed
ordinance adopts HCD's green building standazds and requires them on all residential and
non-residential construction. (Deputy City Manager/Development Services Director)
Staff recommendation: Council place the ordinance on first reading and adopt the
resolution.
8. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING AMENDMENTS TO
CHULA VISTA MUNICIPAL CODE SECTION 8.25.095 -CONSTRUCTION AND
DEMOLITION DEBRIS RECYCLING (FIRST READING)
In March 2008, Council adopted the Construction and Demolition Debris Recycling
Ordinance, Chula Vista Municipal Code 8.25.095. Staff and applicants have worked with
the process and are recommending modifications to the ordinance that will provide clarity
and a more detailed description of the required Waste Management Report. (Director of
Public Works)
Staff recommendation: Council place the ordinance on first reading.
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING SUBMITTAL OF FEDERAL FISCAL YEAR 2009/2010 HIGHWAY
SAFETY IMPROVEMENT PROGRAM GRANT APPLICATIONS, AND
COMMITTING MATCHING FUNDS THEREFOR
The City of Chula Vista's Department of Public Works, Engineering Division, would like
to submit grant applications for the Federal fiscal year 2009/2010 Highway Safety
Improvement Program (HSIP) Grant Program. HSIP funds are eligible for work on any
publicly owned roadway or bicycle/pedestrian pathway or trail that correct or improve the
safety of its users. Five candidate projects would be submitted prior to the October 8,
2009 deadline. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING A GRANT OF $237,500 FOR LIGHT RAIL TROLLEY
IMPROVEMENT STUDY AMENDING REGIONAL TRANSPORTATION
IMPROVEMENT PROGRAM PROJECT CHV30; AMENDING THE FISCAL YEAR
2009/2010 CIP PROGRAM AND GRANT FUND PROGRAM BUDGETS;
APPROPRIATING SAID GRANT FUNDS TO EXISTING CAPITAL
IMPROVEMENT PROJECT STM361 I-5 MULTI-MODAL CORRIDOR
IMPROVEMENT STUDY; AND AUTHORIZING AN INTERPROJECT TRANSFER
FROM EXISTING CIP STL298 TO STM361 IN THE AMOUNT OF $16,175 AS
NECESSARY TO MEET THE MINIMUM LOCAL MATCH (4/STHS VOTE
REQUIIZED)
Page 4 -Council Agenda ham://a~ww.chulavistacegq~~ September 15, 2009
The City of Chula Vista has been awarded $237,500 in grant funding from the
Transportation, Community, and System Preservation (TCSP) Program for projects
identified by Congress in Federal fiscal year 2009. This grant will be used to determine
specific design features for future light rail trolley grade separation projects within the
City of Chula Vista. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE LETTER OF AGREEMENT AND REQUEST FOR
PROVISIONALLY ACCREDITED LEVEE (PAL) DESIGNATION OF THE
SWEETWATER RPJER AND AUTHORIZING THE DIRECTOR OF PUBLIC
WORKS TO EXECUTE ALL NECESSARY AGREEMENTS
The Federal Emergency Management Agency (FEMA) has required that all agencies
certify their levees that provide flood protection. As part of a project to provide 100-year
flood protection along the Sweetwater River, the U.S. Army Corps of Engineers
constructed channel improvements and levees along the river west of I-805 in the 1980's.
In order to maintain the current floodplain designation for the properties previously in the
floodplain, the affected agencies must first approve the Letter of Agreement and Request
for Provisionally Accredited Levee (PAL) Designation. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING A GRANT OF $204,300 FOR STATE SAFE ROUTES TO SCHOOL
FUNDING CYCLE 8 FOR PEDESTRIAN FACILITIES AT LAUDERBACH
ELEMENTARY SCHOOL, AMENDING THE FISCAL YEAR 2009/2010 CIP
PROGRAM AND SAFE ROUTE PROGRAM FUND BY ESTABLISHING A NEW
CAPITAL IMPROVEMENT PROJECT, STM368, LAUDERBACH ELEMENTARY
SCHOOL PEDESTRIAN IMPROVEMENTS; APPROPRIATING $204,300 IN GRANT
FUNDS TO STM368; AND AUTHORIZING AN INTERPROJECT TRANSFER OF
$25,480 IN MATCHING FUNDS FROM TF345 TO STM368 (4/STHS VOTE
REQUIRED)
California legislated a Safe Routes to School (SR-2S) program in 1999 with the
enactment of AB 1475. The goals of the program aze to reduce injuries and fatalities to
school children and to encourage increased walking and bicycling among students. On
Mazch 24, 2009 Council authorized staff to submit applications for three projects. The
State recently notified staff that the City has been awarded a grant of $204,300 for
improvements at Lauderbach Elementary School to enhance pedestrian safety. (Director
of Public Works)
Staff recommendation: Council adopt the resolution.
13. CITY COMMENT LETTER REGARDING THE MARINE LIFE PROTECTION ACT
INITIATIVE
Page 5 -Council Agenda ht ;%/www,cUulayistuca~ov September 15, 2009
The Marine Life Protection Act (MLPA) was designed to assemble a network of Marine
Protected Areas throughout California's coastline. The current MLPA Initiative in
Southern California proposes to designate some or all of the San Diego South Bay as a
State Marine Conservation area, park or reserve. Staff has prepared a comment letter and
is requesting the Council to authorize the Mayor to sign and transmit the letter. (Deputy
City Manager/Development Services Director)
Staff recommendation: Council authorize the Mayor to sign and transmit the comment
letter regarding the Marine Life Protection Act Initiative.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Council on any subject
matter within the Council's jurisdiction that is not listed as an item on the agenda. State
law generally prohibits the Council from discussing or taking action on any issue not
included on the agenda, but, if appropriate, the Council may schedule the topic for future
discussion or refer the matter to staff. Comments are limited to three minutes.
PUBLIC HEARINGS
The following item(s) have been advertised as public hearing(s) as required by law. If
you wish to speak on any item, please fll out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerkprior to the meeting.
Items 14-17 -All relate to the Otav Ranch Eastern Urban Center
14. CONSIDERATION OF THE FINAL SECOND TIER ENVIRONMENTAL IMPACT
REPORT (E1R 07-01) FOR THE OTAY RANCH EASTERN URBAN CENTER
SECTIONAL PLANNING AREA PLAN AND TENTATIVE MAP
In accordance with the requirements of the California Environmental Quality Act
(CEQA), a Second Tier Environmental Impact Report (EIR), CEQA Findings of Fact,
and Mitigation Monitoring and Reporting Program (MMRP) have been prepared for the
Otay Ranch Eastern Urban Center (EUC) Sectional Planning Area (SPA) Plan and
Tentative Map (TM). Written comments were received during the public review period,
and responses to the comments are included in the Final EIR. The Planning Commission
must consider the Final EIR before taking any action on the EUC SPA Plan and TM.
(Deputy City Manager/Development Services Director)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
MAKING CERTAIN FINDINGS OF FACT; ADOPTING A STATEMENT OF
OVERRIDING CONSIDERATIONS; ADOPTING A MITIGATION
MONITORING AND REPORTING PROGRAM AND CERTIFYING THE
FINAL SECOND TIER ENVIRONMENTAL IMPACT REPORT (EIR 07-01)
FOR THE OTAY RANCH EASTERN URBAN CENTER SECTIONAL
PLANNING AREA (SPA) PLAN AND TENTATIVE MAP (TM) PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Page 6 -Council Agenda httpJ/www.chulavistaca.eov September 15, 2009
15. CONSIDERATION OF A SECTIONAL PLANNING AREA PLAN INCLUDING
PLANNED COMMUNITY DISTRICT REGULATIONS/DESIGN PLAN (FORM
BASED CODE), PUBLIC FACILITIES FINANCE PLAN, AND AFFORDABLE
HOUSING PROGRAM, ON 207 ACRES OF LAND IN THE EASTERN URBAN
CENTER PORTION OF THE OTAY RANCH, AND A TENTATNE SUBDIVISION
MAP FOR THE EASTERN URBAN CENTER PORTION OF THE OTAY RANCH
The applicant, McMillin Otay Ranch, LLC filed the Eastem Urban Center (EUC)
Sectional Plan Area (SPA) (PCM 06-08) on April 14, 2006 and the Tentative Map (PCS
09-03) on May 12, 2009. The EUC SPA defines the land use chazacter and mix, design
criteria, transportation system, and public infrastructure requirements for this 207-acre
site. The EUC SPA Plan includes the Planned Community District Regulations/Design
Plan (Form Based Code), Public Facilities Finance Plan, Affordable Housing Program,
Sustainability Element, and Pazks Master Plan. The Tentative Map (PCS 09-03)
implements the SPA Plan by providing for the subdivision of lots and the detailed design
of a circulation system and other public improvements consistent with the SPA Plan,
including sufficient right-of--way for the extension of Bus Rapid Transit (BRT) through
the EUC. (Deputy City Manager/Development Services Director)
Staff recommendation: Council conduct the public hearing, place the ordinance on first
reading and adopt the following resolutions:
A. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING THE
SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT
(FORM BASED CODE) REGULATIONS FOR OTAY RANCH EASTERN
URBAN CENTER (FIRST READING)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING A SECTIONAL PLANNING AREA (SPA) PLAN INCLUDING
PLANNED COMMUNITY DISTRICT REGULATIONS/DESIGN PLAN
(FORM BASED CODE), PUBLIC FACILITIES FINANCE PLAN,
AFFORDABLE HOUSING PROGRAM AND OTHER REGULATORY
DOCUMENTS ON 207 ACRES OF LAND IN THE EASTERN URBAN
CENTER PORTION OF THE OTAY RANCH
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING A TENTATIVE SUBDIVISION MAP FOR THE EASTERN
URBAN CENTER PORTION OF THE OTAY RANCH
16. CONSIDERATION OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND MCMILLIN OTAY RANCH LLC FOR MCMILLIN'S
PORTION OF THE EASTERN URBAN CENTER
In conjunction with consideration of its application for a SPA Plan and Tentative Map the
applicant is proposing a Development Agreement for its portion of the Eastem Urban
Center (EUC) project. The proposed Development Agreement provides greater certainty
in the development of the project to the applicant and provides additional benefits to the
City that would otherwise not be realized. Approval of the Development Agreement is
integral to being able to finance and develop the project as it is identified in the SPA
Plan. (Deputy City Manager/Development Services Director)
Page 7 -Council Agenda httg;.Uwww.cbulavistaca.sov September 15, 2009
Staff recommendation: Council conduct the public hearing and place the following
ordinance on first reading:
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND MCMILLIN OTAY RANCH LLC FOR MCMILLIN'S PORTION OF
THE EASTERN URBAN CENTER (FIRST READING)
17. CONSIDERATION OF THE EASTERN URBAN CENTER PARKS AGREEMENT
FOR THE CONSTRUCTION OF PARKS IN A PORTION OF OTAY RANCH
EASTERN URBAN CENTER
The applicant, McMillin Otay Ranch, LLC, filed the Eastern Urban Center (EUC)
Sectional Plan Area (SPA) (PCM 06-08) on April 14, 2006, and the Tentative Map
(PCMS 09-03) on May 12, 2009. The EUC SPA defines the overall park and recreational
program related to serving the needs of the Project. The EUC SPA Plan includes a Parks
Master Plan Program. Integral to the successful implementation of the EUC Parks
Master Plan Program is the development and construction of EUC parks and recreation
facilities. The EUC Park Agreement provides assurances for the development and
construction of the EUC parks and recreation facilities. (Deputy City
Manager/Development Services Director)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE AGREEMENT REGARDING CONSTRUCTION OF
PARKS IN A PORTION OF OTAY RANCH EASTERN URBAN CENTER
18. CONSIDERATION OF AN APPEAL OF THE DETERMINATION OF THE
DEVELOPMENT SERVICES DIltECTOR THAT THE PROJECT (TPM 08-08
SUBDIVISION OF A 23,381 SQUARE FOOT SITE INTO THREE LEGAL LOTS) IS
CATEGORICALLY EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT PER SECTION 15315 OF THE STATE CEQA
GUIDELINES. THE SITE IS LOCATED AT 634 SECOND AVENUE
The appellant is appealing the project's categorical exemption per Section 15315 (minor
land divisions) of the State CEQA Guidelines. (Deputy City Manager/Development
Services Director)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DENYING THE APPEAL AND UPHOLDING THE DECISION OF THE
DEVELOPMENT SERVICES DIRECTOR THAT THE PROJECT IS
CATEGORICALLY EXEMPT FROM CEQA PURSUANT TO SECTION
15315 (MINOR LAND DNISION) OF THE STATE CEQA GUIDELINES
AND TO DENY THE REQUEST TO WAIVE ALL APPLICATION FEES FOR
THIS PROJECT-SAVE OUR HERITAGE ORGANIZATION
Page 8 -Council Agenda h[LD:!/www.cliula~_istaca.gOy. September 15, 2009
ACTION ITEMS
The Item(s) listed in this section of the agenda will be considered individually by the
Council and are expected to elicit discussion and deliberation. If you wish to speak on
arty item, please fill out a "Request to Speak" form (available in the lobby) and submit it
to the City Clerk prior to the meeting.
19. CONSIDERATION OF ACCEPTING THE 12-MONTH PROGRESS REPORT ON
CLIMATE PROTECTION MEASURES IMPLEMENTATION
The report outlines staff's recent progress in implementing the seven new climate
protection measures and pursuing the Council-approved financing strategy. Most
measures are being partially implemented based on existing and new external funding
sources and are generally meeting the initial milestones outlined in their original
implementation plans. However, staff is proposing to transition the no-cost business
energy assessment program (Measure 3) into a mandatory component of the business
licensing process due to low voluntary participation levels. In addition, the City still
needs to secure along-term funding source to support the measures' full, sustained
implementation and to help reach the City's carbon emissions reduction target. (Director
of Conservation and Environmental Services)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
(1) ACCEPTING THE 12-MONTH PROGRESS REPORT ON CLIMATE
PROTECTION MEASURES IMPLEMENTATION, (2) DIRECTING STAFF
TO DEVELOP MANDATORY BUSINESS ASSESSMENT ORDINANCE
LANGUAGE FOR FUTURE COUNCIL CONSIDERATION, AND (3)
DIRECTING STAFF TO RETURN WITHIN 180 DAYS WITH ANOTHER
IMPLEMENTATION UPDATE
20. CONSIDERATION OF AMENDING THE AGREEMENT BETWEEN AMERICAN
MEDICAL RESPONSE AND THE CITY
The Fire Department is requesting City Council approval of an amendment to the
ambulance service original agreement between American Medical Response (AMR) and
the City of Chula Vista. If approved, this amendment will increase the ambulance
transport rate that is charged by AMR in order to generate the necessary pass-through
revenues to fund the yearly lease cost financed by the Kansas State Bank of Manhattan
for medical resuscitation equipment from acquired from Zoll Corporation. (Fire Chief)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AMENDMENT TO THE AMBULANCE SERVICE
ORIGINAL AGREEMENT BY AND BETWEEN AMERICAN MEDICAL
RESPONSE AND THE CITY OF CHULA VISTA, AND AUTHORIZING THE
MAYOR TO EXECUTE THE AGREEMENT
Page 9 -Council Agenda http: /!w_ww chula_v_istaca_goy September 15, 2009
OTHER BUSINESS
21. CITY MANAGER'S REPORTS
22. MAYOR'S REPORTS
A. Discussion and possible decision regarding Port Commissioner and Interim City
Councilmember interviews.
B. Ratification of the appointment of Sandra Villegas-Zuniga to the Civil Service
Commission.
23. COUNCILMEMBERS' COMMENTS
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by noon on
Wednesday following the Council Meeting at the City Attorney's office in accordance
with the Ralph M Brown Act (Government Code 54957.7).
24. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE
SECTION 54957
Title: Library Director
25. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
1. Deanna Morv et al. v. City of Chula Vista, et al., United States District Court, Case
No. 06-CV-1460 JAH (BLM)
2. Deanna Mory et al. v. City of Chula Vista, et al., United States District Court, Case
No. 07-CV-0462 JLS (BLM)
ADJOURNMENT to the Special Council meeting on September 22, 2009 at 1:00 p.m. in the
Council Chambers.
Materials provided to the City Council related to any open-session item on this agenda are
available for public review at the City Clerk's Office, located in Ciry 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 ]0 -Council Agenda http:'/www_chulavistaca.¢.ov_ September I5, 2009
DRAFT
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA
May 26, 2009
A Regulaz Meeting of the City Council of the City of Chula Vista was called to order at 4:02
p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Castaneda, McCann, Ramirez, and Mayor Cox
ABSENT: Bensoussan
ALSO PRESENT: City Manager Sandoval, City Attorney Miesfeld, City Clerk
Norris, and Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Mayor Cox announced that the meeting would adjourn in memory of Pat Slyke, who passed
away on April 18th.
SPECIAL ORDERS OF THE DAY
• PRESENTATION OF A PROCLAMATION TO THE EASTLAKE HIGH SCHOOL
CONCERT BAND, DIRECTED BY MR. CHARLES WOLF, HONORING THEM FOR
BEING SELECTED TO PERFORM AT CARNEGIE HALL IN NEW YORK CITY ON
JUNE 16, 2009
Mr. Wolf talked about the audition and selection process for the Eastlake Concert Band, which
was one of four groups selected nation-wide to perform at Carnegie Hall on June 16th. Mayor
Cox read the proclamation and Deputy Mayor McCann presented it to Mr. Wolf.
• PRESENTATION OF A DONATION BY DALE PEKING OF $7,000 TO THE CHULA
VISTA PUBLIC LIBRARY FOR THE HERITAGE MUSEUM
Principal Librarian Loney recognized Mr. Pering, who donated $7,000 to the Library, for the
Chula Vista Heritage Museum. She invited Mr. Pering to present the check to Carlos Fox,
President of the Heritage Museum, who accepted it on behalf of the museum.
• PRESENTATION OF A PROCLAMATION TO SALLY COX, EXECUTIVE
DIRECTOR, SAN DIEGO CRIME STOPPERS BY MAYOR COX PROCLAIMING
TUESDAY, MAY 26, 2009 AS SAN DIEGO CRIME STOPPERS DAY IN CHULA
VISTA
Captain Miranda introduced Sally Cox, who introduced Deputy Adriana Uribe with the Sheriff s
Department. Mayor Cox then read the proclamation and Councilmember Castaneda presented it
to Sally COX.
Page 1 -Council Minutes / May 26, 2009
f ~~ /
DRAFT
SPECIAL ORDERS OF THE DAY (Continued)
• RECOGNITION OF THE CHULA VISTA ROTARY CLUB'S DONATION TO THE
CITY OF CHULA VISTA OF A CAMPHOR TREE (NAMED THE EISENHOWER
TREE) AND A PLAQUE IN HONOR OF PRESIDENT DWIGHT D. EISENHOWER'S
VISIT TO CHULA VISTA ON OCTOBER 21, 1960
Councilmember Ramirez spoke about the recent Eisenhower tree dedication at City Hall and
presented a video of the dedication event. He then introduced retired Judge and former City
Attorney, Mannie Kugler, who provided his perspective of President Eisenhower's visit to Chula
Vista.
Steve Meisen, former Rotary President, thanked Councilmember Ramirez for initiating the
tribute to President Eisenhower, and commented that the Rotary Club wished to continue
working with staff to provide a display of the event in the lobby of City Hall.
Rotary President, Dwayne Buckingham, thanked Councilmember Ramirez and Mayor Cox for
their participation in the event. He also recognized Rotarians present in the audience.
Councilmember Ramirez thanked the Rotarians and Judge Kugler for their contribution towazds
the event. He then suggested to staff, that the plaque and tree display serve as an opportunity to
invite the community to visit City Hall. He also recognized Council Aide, Shari Watson and the
Communications Department staff for their work with the event.
CONSENT CALENDAR
(Items 1-7)
Items 6 and 7 were pulled from the Consent Calendaz for discussion by the Council.
1. APPROVAL OF MINUTES of the Special and Regulaz Meetings of Januazy 13, 2009.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
Letter of resignation from Port Commissioner Michael Najera.
Staff recommendation: Council accept the resignation. (The vacancy was posted May
18, 2009, in accordance with the Maddy Act.)
3. RESOLUTION NO. 2009-120, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA RECITING THE FACT OF THE MUNICIPAL ELECTION
HELD IN THIS CITY ON MAY 5, 2009, DECLARING THE RESULTS THEREOF,
AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW
Page 2 -Council Minutes
May 26, 2009
/~ ~~
DRAFT
CONSENT CALENDAR (Continued)
The San Diego Registrar of Voters has transmitted the certified results of the Municipal
Election held on May 5, 2009. Elections Code Section 10262(b) requires the City Clerk,
as the City elections official, to certify the results of the election to the City Council, and
the Council to adopt a resolution reciting the fact of the election. Adoption of the
resolution declares the results of the Municipal Election. (City Clerk)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION NO. 2009-122, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING THE REVISED CAFETERIA BENEFITS
PLAN FOR 2009
On February 4, 2009, President Bazack Obama signed into law the Children's Health
Insurance Program Reauthorization Act of 2009, which extends and expands the State
Children's Health Insurance Program (SCHIP). This new law provides additional special
enrollment rights to employees and their dependents covered in the City's group health
plan. The Internal Revenue Code requires employers to include this coverage change in
their Summazy Plan Document (SPD). Adoption of the resolution fulfills this
requirement. (Human Resources Director)
Staff recommendation: Council adopt the resolution.
RESOLUTION NO. 2009-123, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA. APPROVING AN AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND D-MAX ENGINEERING, INC. FOR NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) DRY WEATHER
FIELD SCREENING AND ANALYTICAL MONITORING SERVICES AND
GRANTING THE CITY MANAGER THE AUTHORITY TO APPROVE UP TO TWO
ONE-YEAR EXTENSIONS TO SAID AGREEMENT
The City's NPDES permit from the California Regional Water Quality Control Board,
San Diego Region, requires the City to annually conduct dry weather field screening,
analytical monitoring (effluent sampling, chemical analysis, observation of physical
conditions, and laboratory testing), trash monitoring, and Municipal Sepazate Storm
Sewer System (MS4) Outfall monitoring at major outfalls during the dry weather season.
Due to the expertise and specialized equipment necessazy to perform these services, it is
necessary to retain an outside consultant. Proposals were requested from qualified
engineering and environmental consulting firms. (Public Works Director)
6. This item was removed from the Consent Calendaz.
This item was removed from the Consent Calendaz.
ACTION: Deputy Mayor McCann moved to approve staff s recommendations and offered
Consent Calendar Items 1-5, headings read, text waived. Councilmember
Ramirez seconded the motion and it carried 4-0.
Page 3 -Council Minutes May 26, 2009
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DRAFT
ITEMS REMOVED FROM THE CONSENT CALENDAR
6. RESOLUTION NO. 2009-124, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE AGREEMENT WITH PUBLIC
FINANCIAL MANAGEMENT, INC. TO PROVIDE FINANCIAL ADVISORY
SERVICES
On January 20, 2009, the City Council approved a Fiscal Health Plan that provides for a
long-term financial strategy. To this end, staff issued a Request for Proposal (RFP) for
financial advisory services to assist in preparing this long-term financial strategy. As part
of this financial strategy, it is anticipated that debt restructuring may be a recommended
course of action. The financial advisory firm would assist the City in restructuring its
debt in a way that would best meet the City's long-term financial goals. (Finance
Director)
Councilmember Castaneda stated that he had an opportunity to discuss his concerns on the item
with staff, which had been addressed with asingle-dimensional process to hire a consultant to
look at various opportunities in the bond mazket, and a public discussion to determine short,
medium and long term debt restructuring, prior to any decisions by the Council.
ACTION: Councilmember Castaneda moved to adopt Resolution No. 2009-124, heading
read, text waived. Deputy Mayor McCann seconded the motion and it carried
4-0.
7. RESOLUTION NO. 2009-125, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING ADESIGN-BUILD AGREEMENT WITH
YOUNG ELECTRIC SIGN COMPANY (YESCO) FOR THE DESIGN AND
CONSTRUCTION OF THE CHULA VISTA AUTO PARK SIGN (CIP NO. RD248)
The City has selected a contractor to design and build a freeway sign for the Chula Vista
Auto Pazk. Adoption of the resolution awards the contract to Young Electric Sign
Company. (Public Works Director)
Ron Breen, Chula Vista resident, representing Ultrasigns, Inc, questioned the vendor selection
process for the project, stating that the RFP process was flawed and pre-determined, and he
requested that the project be re-bid.
Theresa Acerro, Chula Vista resident, concurred with the comments by Mr. Breen. She stated
that the Redevelopment Agency should be paying for the sign as agreed to in the original
agreement, and that the $1.2 million could be better spent on capital projects that would benefit
the entire community. She also questioned who would be responsible for the ongoing
maintenance of the sign. She stated that preference for contracts should be given to local
businesses and workers.
Mayor Cox cited a written communication received on the dais from Douglas G. Fuller,
President, Fuller Ford/Honda/Kia, dated May 26, 2009, indicating support for the design and
installation of the proposed sign.
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May 26, 2009
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DRAFT
ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
Director of Public Works Operations Hopkins responded to comments by the speakers, stating
that staff believed the selection process for the bid to be fair, that a written determination for the
protest heazing was provided to the Council on the dais, and that staff s review of the selection
process revealed no notion of apre-selection. He added that the next steps would include
approval by the Council to move forward with construction, environmental review, and design of
the sign, which would include public input together with the design team and City staff. Deputy
City Attorney Miller further stated that the City was negotiating for an easement on the proposed
property for the sign location, at no cost to the City.
Wayne Meyer, representing Toyota Chula Vista, stated that the proposed sign would validate the
Chula Vista Auto Pazk and be competitive with other local auto pazks. He stated that the sign
design would require the input of the Chula Vista Auto Park Association, in consultation with all
local dealerships, the City, and the public, to ensure that the sign was reflective of the needs of
the community and the sign advertisers. He commented that the freeway sign was critical to
establish awareness of dealerships in Chula Vista, and he spoke in support of moving forward
with the project.
Dave Jones, Clazemont resident, representing Young Electric Sign Company, addressed some of
the issues by raised by Ultra Signs. He stated that no sign design had been detemuned, and he
complimented staff on the RFP process, stating that Young Electric Sign Company had received
no preferential treatment in the RFP process.
Councilmember Ramirez suggested consideration of establishing a Council Policy to offer
preference to local companies on requests for proposals. Finance Director Kachadoorian
responded that the City offered a one percent discount because of the sales tax that a business
would generate to the City. Councilmember Ramirez requested that the sales tax incentive, as
well as anything else that would attract local businesses, be included as part of the Council
Policy consideration.
ACTION: Deputy Mayor McCann moved to approve Resolution No. 2009-125, heading
read, text waived. Councilmember Ramirez seconded the motion and it carried
4-0.
PUBLIC COMMENTS
Andrew Fondacazo, Chula Vista resident, representing the Chula Vista Fire Department, stated
that the proposed brown-out of appazatus at Fire Station 7 would be a direct safety threat to
families in the Otay Ranch area, and he asked the Council for its consideration to delay the
matter in order for staff to provide more information on the dangers of a brown out.
Trevor Flores, Chula Vista resident, representing Chula Vista Fire Local 2180, stated that the
proposed Fire Department brown-out at Fire Station 7 was a violation of the agreement made by
the firefighters to protect its citizens. He suggested Council consideration to 1) remove the
closing of a company 2) re-direct the Fire Chief to find cuts that would not affect fire
operations; and 3) allow the labor group and Management to work together to seek alternative
cuts that would not affect fire service levels.
Page 5 -Council Minutes
May 26, 2009
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DRAFT
PUBLIC COMMENTS (Continued)
Mauricio Chamat, Chula Vista resident, representing Villa Tempra Homeowners Association,
spoke about issues regazding notification by the Fire Department that the gates of the complex
did not meet current code requirements. He stated that the association could not afford the
installation of the equipment, nor could it afford to pay $400, should the association decide to
appeal the requirement. He asked for Council consideration to review the matter. Mayor Cox
referred the matter to staff.
Ed Herrera, Chula Vista resident, representing the Chula Vista Civic Association, submitted to
the Council a letter dated May 26, 2009, requesting support of proposals regazding budget
reductions.
Chris Altbaum, Chula Vista resident, stated that his business was recently cited and fined by the
City for display of an illegal banner sign. To that end, he stated that the City had taken no action
on complaints he had filed for similaz illegal placement of signs by other local businesses. He
suggested that the Municipal Code be re-written to allow banners within the City without a
temporary sign permit, and to allow businesses to use whatever signs they felt necessazy, without
interference of public right-of--way, and asked that the $200 fine imposed on his business be
refunded.
Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association,
presented a video regarding infrastructure needs for the Woodlawn Pazk community.
City Manager Sandoval responded to comments about the proposed brown-out of appazatus at
Fire Station 7, stating that the recommendation was part of the budget reduction plan, approved
by the Council on Januazy 13, 2009, resulting in a $1.4 million cost savings, with the least
impacts on public safety. He further stated that the decision was could be reversed, should an
alternative scenario be provided for Council consideration.
Deputy Mayor McCann asked staff whether the proposed brown-out would have a negative
effect on fire response times. Fire Chief Hanneman responded affirmatively, stating that any
reduction in service would result in delayed response times, but that the recommendation was the
best option, although staff was looking at other alternatives.
ACTION ITEMS
Mayor Cox announced that Item 9 would be taken out of order and addressed prior to Item 8.
9. CONSIDERATION OF PUBLIC TESTIMONY REGARDING THE FORMATION OF
THE CHULA VISTA TOURISM MARKETING DISTRICT
As part of the budget reduction actions undertaken in Fiscal Yeazs 2007-2008, City
funding for the Chula Vista Convention and Visitors Bureau (CVCVB) was reduced and
then eliminated. The Chula Vista Chamber of Commerce and the CVCVB, working in
concert with lodging and business owners and members of the business community has
prepared a plan for the formation of Chula Vista Tourism Marketing District (CVTMD)
which will levy aself-assessment on motel and hotel rooms. The CVTMD will create a
source of funding for renewed operation of the Convention and Visitors Bureau and for
expanded promotion of tourism opportunities in the City. (Deputy City
Manager/Development Services Director)
Page 6 -Council Minutes
May 26, 2009
,~~-6
DRAFT
ACTION ITEMS (Continued)
Deputy Mayor McCann stated that he would be abstaining from the item due to the proximity of
property he owns to the hotels. He then left the dais at 5:40 p.m.
Director Halbert introduced the item.
Christopher Altbaum, Chula Vista resident, spoke in opposition to the proposed tourism
marketing district, stating that the Chula Vista Chamber of Commerce should pay for the
marketing district with funding from private businesses, not at the expense of taxpayers.
Ed Herrera, Chula Vista resident, representing the Chula Vista Civic Association, spoke in
support of the formation of a marketing district, with assurance of accountable benchmazks.
The following members of the public spoke in support of the formation of the Chula Vista
Tourism Marketing District:
Chris Boyd, Chula Vista resident, representing Chula Vista Chamber of Commerce
Justin Craig, San Diego resident, representing The Corky McMillin Companies
Nicole Hohenstein, representing the Hotel and Motel Association
Lisa Cohen, Chula Vista resident, Chula Vista Chamber of Commerce
Mayor Cox announced that there was no Council action required.
Deputy Mayor McCann returned to the dais at 5:56 p.m.
PUBLIC HEARINGS
8. CONSIDERATION OF AN APPLICATION FOR THE REZONE (PCZ-08-O1) OF THE
PROPERTY LOCATED AT 1778 BROADWAY
The owner of the property located at 1778 Broadway, Latif Zoura (Owner/Applicant),
filed applications on November 21, 2007 for construction of a 14,105 squaze-foot, one-
story, industrial building and the associated site improvements for the establishment of a
recycling center. The proposed project involves the development of a vacant parcel
located at the northwest corner of Broadway and Faivre Street in the southwest azea of
Chula Vista within the Merged Chula Vista Redevelopment Project Area. (Deputy City
Manager/Development Services Director)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Senior Planner Tapia presented the proposed Broadway Recycling Center.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
Page 7 -Council Minutes
May 26, 2009
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DRAFT
PUBLIC HEARINGS (Continued)
ACTION: Deputy Mayor McCann moved to adopt the following Resolution No. 2009-126
and to place the ordinance on first reading, headings read, text waived:
A. RESOLUTION NO. 2009-126, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA (1) ADOPTING MITIGATED NEGATIVE
DECLARATION IS-08-006; (2) APPROVING CONDITIONAL USE PERMIT
PCC-08-008; (3) AND APPROVING DESIGN REVIEW PERMIT DRC-08-14
TO ALLOW THE CONSTRUCTION OF A 14,105 SQUARE-FOOT, ONE-
STORY, INDUSTRIAL BUILDING AND ASSOCIATED SITE
IMPROVEMENTS FOR THE ESTABLISHMENT OF A RECYCLING
CENTER AT 1778 BROADWAY
B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING
MAPS ESTABLISHED BY MUNICIPAL CODE SECTION 19.18.010 BY
REZONING THE 0.88-ACRE PARCEL LOCATED AT 1778 BROADWAY
FROM THE COMMERCIAL THOROUGHFARE WITH PRECISE PLAN (CT-
P) ZONE TO LIMITED INDUSTRIAL WITH PRECISE PLAN (IL-P) ZONE
(FIRST READING)
Councilmember Castaneda seconded the motion and it carried 4-0.
9. Item 9 was taken out of order and addressed prior to Item 8.
OTHER BUSINESS
10. CITY MANAGER'S REPORTS
There were none.
11. MAYOR'S REPORTS
Mayor Cox announced the 50th anniversary of Hoffrnan Hanono. She also stated that Otay
Ranch Farmer's Mazket celebrated its one-yeaz anniversary on May 26d'; Morton Restaurants
celebrated 40 years of business, and was acknowledged with a proclamation by the City to two
of its local restaurants, Miguels and The Brigantine; Fuller Honda was relocating to the
property formerly occupied by People's Chevrolet. She stated that May 26th was the beginning
of an eight-day series for the hydrogen road tour commencing at the Olympic Training Center.
She announced that the City received $2.5 million in capital project priority recommendations by
SANDAG for the Industrial Boulevazd Bike lane and pedestrian improvements, the Third
Avenue Streetscape Project, and additional $400,000 for the Palomaz Gateway District Specific
Plan and EIR. Mayor Cox also stated that the Youth Action Council's Project B would be
hosting an event at the Chula Vista Center, on May 30 from noon to 4:00 p.m., showcasing
original works by local amateur artists. The Youth Action Council was also seeking new
members. She announced that Goodrich Aerostructures would be the site for the third pre-
centennial event, with anice-cream social between 1:00 p.m. and 5:00 p.m. at Goodrich; the
Rotary wine tasting event was scheduled for October 3rd; the Olympic Training Center SK fun
run was scheduled for June 6d', and any volunteers for the event may contact the Mayor's Office.
Page 8 -Council Minutes
May 26, 2009
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DRAFT
OTHER BUSINESS (Continued)
A. Ratification of the appointment of Juan Ulloa to the Resource Conservation
Commission.
ACTION: Mayor Cox moved to ratify the appointment of Juan Ulloa to the Resource
Conservation Commission. Councilmember Ramirez seconded the motion and it
carried 4-0.
B. Consideration of proposed appointment process to fill the current vacancy on the
Board of Port Commissioners for the San Diego Unified Port District.
Mayor Cox explained the proposed Port Commissioner application process, and asked the
Council to bring forwazd any suggested changes. In the absence of Councilmember Bensoussan,
she requested Council consideration to continue the decision on the application process and
setting opening and closing dates for applications to the Council Meeting of June 2, 2009.
It was the consensus of the Council to continue the discussion to the meeting of June 2, 2009.
12. COUNCILMEMBERS' COMMENTS
Councilmember Ramirez: Consideration and action for potential appointment of
Interim Port Commissioner.
Councilmember Ramirez stated that time was of the essence, and there was a need to move
forward on appointment of an Interim Port Commissioner in order to have representation on two
critical issues coming before the Port, namely, budget discussions on June 9, 2009, and
negotiations between Pacifica and the Port on the bayfront developments.
ACTION: Deputy Mayor McCann moved to nominate Bill Hall as Interim Port
Commissioner. Councilmember Ramirez seconded the motion.
City Attorney Miesfeld clarified that in review of the Port District Act, it appeared that it did not
provide for an Interim appointment, that an appointment to fill a vacancy for an unexpired term
would be for the remainder of that term.
Councilmember Ramirez suggested that an invitation be extended to Bill Hall to be the Port
Commissioner until such time that the Council made a final appointment.
Mayor Cox suggested that the Council authorize her to write a letter inviting Mr. Hall to serve as
Port Commissioner with an understanding that by a request of the Council, Mr. Hall would step
down. Should that be the case, then the recognition by vote of the Council, would inform the
Port District that it intends for Mr. Hall to be the City's Port Commissioner. Bringing back the
proposed application process next week would enable the full Council to participate in the
process, and invite Mr. Hall to give a summary of the kinds of things he hoped to accomplish in
the short term and long term. The Council could then decide on the application timeframe.
Page 9 -Council Minutes May 26, 2009
DRAFT
OTHER BUSINESS (Continued)
Councilmember Castaneda asked that Mr. Hall be invited to the next meeting so the Council
could have a discussion with him prior to making an appointment.
Further discussion ensued among the Council regarding the appointment of, and possible
discussion with, Mr. Hall.
Mayor Cox confirmed that the motion on the floor was to invite Bill Hall to be the City of Chula
Vista Port Commissioner.
Mayor Cox offered an amendment to the motion, that with Council concurrence, she would draft
a letter, with the assistance by the City Attorney, inviting Mr. Hall to be Port Commissioner,
with the indication that by a majority vote of the Council, should the Council so decide, that the
position could be replaced; informing Mr. Hall of the appointment process to be placed on the
June 2, 2009 Council agenda; inviting Mr. Hall to be present at that meeting, and notifying him
that the appointment would be activated no sooner than June 1, 2009; and directing that Admiral
Wurster at the Board of Port Commissioners be notified of the Council's intent to make Mr. Hall
Port Commissioner.
ACTION: Deputy Mayor McCann agreed to amend his motion as stated by Mayor Cox, and
he called for the vote. The motion carved 3-1, with Councilmember Castaneda
voting no.
Deputy Mayor McCann thanked the Fleet Reserve Association for its Memorial Day service.
Councilmember Ramirez asked to adjourn the meeting in memory of Roberto Martinez, who was
an activist in the Latino community on civil rights and human rights issues. He announced that
the memorial service would be held on May 27th at St. Judes, at 10:00 a.m., and he extended his
sympathies to the loved ones of Mr. Martinez.
Mayor Cox recessed the meeting to convene in Closed Session at 6:54 p.m.
CLOSED SESSION
13. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a):
A. Chula Vista Citizens for Jobs and Fair Competition, et al. v. Donna Norris, et al.,
United States District Court, Case No. 09CV0897BEN(JMA)
B. Sergio Lopez v. City of Chula Vista, et al., United States District Court, Case No.
07CV 1272.WQH.BLM
No reportable action was taken on these items.
Page 10 -Council Minutes May 26, 2009
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DRAFT
ADJOURNMENT
At 7:10 p.m., Mayor Cox adjourned the meeting in memory of Pat Slyke and Roberto Martinez,
to the Regular City Council Meeting of June 2, 2009, at 4:00 p.m. in the City Council Chambers.
Lorraine Bennett, CMC, Deputy City Clerk
Page 1 I -Council Minutes May 26, 2009
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DRAFT
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA
June 2, 2009
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:03
p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers Bensoussan, Castaneda, McCann, Ramirez, and
Mayor Cox
ABSENT: None
ALSO PRESENT: City Manager Sandoval, City Attorney Miesfeld, City Clerk
Norris, and Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Mayor Cox announced that Item 5 was removed from the agenda, and would not be discussed.
SPECIAL ORDERS OF THE DAY
• INTRODUCTION BY RICK HOPKINS, DIRECTOR OF PUBLIC WORKS, OF
EMPLOYEE OF THE MONTH, ROBERTO SOLORZANO, ASSOCIATE ENGINEER
Director of Public Works Hopkins introduced employee of the month, Roberto Solorzano.
Mayor Cox then read the proclamation and Deputy Mayor McCann presented it to Roberto.
• OATH OF OFFICE
Juan Ulloa, Resource Conservation Commission
City Clerk Nortis administered the oath of office to Mr. Ulloa and Councilmember Bensoussan
presented him with a certificate of appointment.
• INTRODUCTION BY CITY MANAGER SANDOVAL OF RECENTLY APPOINTED
INTERIM LIBRARY DIRECTOR MARGARET KAZMER
City Manager Sandoval introduced recently appointed Interim Library Director Kazmer, who
thanked the Council for the opportunity.
• PRESENTATION OF A PROCLAMATION PROCLAIMING JUNE AS NATIONAL
HOME OWNERSHIP MONTH AND JUNE 5 -JUNE I1, 2009 AS NATIONAL
FORECLOSURE AWARENESS WEEK IN THE CITY OF CHULA VISTA
Page I -Council Minutes June 2, 2009
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DRAFT
SPECIAL ORDERS OF THE DAY (Continued)
Senior Project Coordinator Kurz provided information on the City's first-time homebuyers
programs and events. She then introduced Mr. Mazcelino Gazcia and his family, who purchased
a home through the program. Mr. Gazcia thanked City staff and Community HousingWorks, the
realtors and escrow companies for their assistance with offering programs to provide home-
buying opportunities for first time homebuyers. Staffmember Kurz introduced Gabe del Rio,
representing Community Housing Works, who talked about its partnership with the City by
providing down payment assistance programs. He introduced Appaswamy "Vino" Pajanor,
representing Housing Opportunities Collaborative, which serves as a reliable resource center,
who talked about HOME clinics to educate the public on homeownership. Mayor Cox then read
the proclamation and Councilmember Ramirez presented it to Staffrnember Kurz.
CONSENT CALENDAR
(Items I-4)
Item 4 was removed from the Consent Calendaz for discussion at the request of a member of the
public and by Deputy Mayor McCann.
1. APPROVAL OF MINUTES of the Special and Regulaz Meetings of January 20, 2009.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
Letter from William Hall accepting the proposed Council appointment to the San Diego
Unified Port District Boazd of Port Commissioners.
Staff recommendation: Council accept the letter and approve the appointment of Mr.
Hall to the San Diego Unified Port District Board of Port Commissioners.
3. ORDINANCE NO. 3128, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING THE ZONING MAPS ESTABLISHED BY MUNICIPAL CODE
SECTION 19.18.010 BY REZONING THE PARCEL LOCATED AT 1778
BROADWAY FROM THE COMMERCIAL THOROUGHFARE WITH PRECISE
PLAN (CT-P) ZONE TO LIMITED INDUSTRIAL WITH PRECISE PLAN (IL-P)
ZONE (SECOND READING AND ADOPTION)
Adoption of the ordinance amends the zoning maps established by municipal code
section 19.18.010 by rezoning the pazcel located at 1778 Broadway from the commercial
thoroughfaze with precise plan (CT-P) zone to limited industrial with precise plan (IL-P)
zone. This ordinance was introduced on May 26, 2009. (Deputy City
Manager/Development Services Director)
Staff recommendation: Council adopt the ordinance.
Page 2 -Council Minutes
June 2, 2009
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DRAFT
CONSENT CALENDAR (Continued)
4. Item 4 was removed from the Consent Calendar.
ACTION: Deputy Mayor McCann moved to approve staff s recommendations and offered
the balance of the Consent Calendar, Items 1-3, headings read, text waived.
Councihnember Castaneda seconded the motion and it carried 5-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
4. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING SECTION 2.04.020 OF THE CHULA VISTA MUNICIPAL CODE
RELATING TO TIME AND PLACE OF COUNCIL MEETINGS (FIRST READING)
In accordance with Section 306 of the Chula Vista City Charter, Section 2.04.020 of the
Chula Vista Municipal Code sets the time and place for all meetings of the City Council.
The current ordinance sets the time on the first Tuesday of each month at 4:00 p.m., and
on the second, third, and fourth Tuesday of each month at 6:00 p.m. In an effort to
reduce costs associated with staffing City Council meetings, it is recommended that the
time for the second, third, and fourth Tuesday meetings be set at 4:00 p.m. (City
Manager)
Staff recommendation: Council place the ordinance on first reading.
City Manager Sandoval explained that the purpose for the proposed recommendation was acost-
savings measure to save staff time, and would offer more opportunity for citizen participation by
preventing late meeting end times. He further stated his support to allow flexibility to move
agenda items with the potential to solicit significant public input, to a later time on the agenda.
Theresa Acerro, Chula Vista resident, suggested that controversial agenda items be moved to a
later time on the agenda, and suggested Closed Session items be held first.
Councilmember Ramirez spoke in support of an earlier commencement time for Council
Meetings, and recommended being sensitive to the needs of the community. He suggested that
one meeting per month commence at 6:00 p.m., or to include language in the ordinance to allow
flexibility.
Deputy Mayor McCann stated that the proposed meeting time change would make it more
difficult for working people to attend meetings, resulting in the inability for the majority of
community members to participate in Council meetings.
Councilmember Bensoussan spoke in favor of a 4:00 p.m. meeting start time, and also supported
maintaining flexibility. She stated that the proposed time change would save money in the long-
term. She suggested that the City Manager have flexibility to change specific meetings with the
needs of the community in mind.
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June 2, 2009
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DRAFT
CONSENT CALENDAR (Continued)
Councilmember Castaneda spoke in favor of a 4:00 p.m. meeting start time.
Deputy Mayor McCann suggested that the public be permitted to speak first on any agenda item,
prior to staff's presentation on the item.
ACTION: Mayor Cox moved to approve staff's recommendation and offered to place the
ordinance on first reading, heading read, text waived. Councilmember Castaneda
seconded the motion and it carried 4-1, with Deputy Mayor McCann voting no.
PUBLIC COMMENTS
Stephen Nelson, Chula Vista resident, stated that the Chula Vista Fire Department was
understaffed and under-equipped in compazison to like-sized agencies in California, presenting
issues related to poor response time and potential lawsuits.
David Duff, Chula Vista resident, talked about the proposed elimination of Engine 57, located at
Fire Company 7, and the resulting effects in response times and impacts on the life and safety of
the community. He asked the Council to reconsider closure of the station.
Jeremy Szapinski, Chula Vista resident, representing the International Association of Fire
Fighters, stated that azea residents and schools would be at risk with the brown out of the Fire
Company. He stated that the call volume for the Fire Department had increased by 7.5 percent
since 2006, while its budget was cut by 14 percent. He asked the Council to remove the brown
out proposal from the budget cuts, re-examine the funding requested to be cut from the
departrnent, and to consider what would be at stake for the community.
Ed Herrera, Chula Vista resident, representing Chula Vista Civic Association asked that Police
and Fire be protected in the budget cutting process. He then suggested re-negotiation of
employee pension systems and staff salary cuts.
Theresa Acerro, Chula Vista resident, spoke about the imbalance of job housing ratios in the
City, and spoke in opposition to rezoning from industrial to residential, and stated she had
concerns with the environmental impact report for the Eastern Urban Center.
PUBLIC HEARINGS
5. CONSIDERATION OF AN AMENDMENT TO THE CITY OF CHULA VISTA'S
GENERAL PLAN TO CHANGE THE LAND USE DESIGNATION ON 46 ACRES
FROM LIMITED INDUSTRIAL TO 39.3 ACRES OF RESIDENTIAL MEDIUM HIGH
AND 6.7 ACRES OF OPEN SPACE (ACI SUNBOW, LLC)
The applicant has requested that the item be continued to a date uncertain. Staff concurs
with the applicant's request. If the Council continues the item as requested, the public
hearing for this item will be rescheduled and re-noticed. (Deputy City
Manager/Development Services Director)
Staff recommendation: Council continue the public hearing to a date uncertain.
Item 5 was removed from the agenda.
Page 4 -Council Minutes
June 2, 2009
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DRAFT
PUBLIC HEARINGS (Continued)
6. CONSIDERATION OF AN AMENDMENT TO THE FISCAL YEAR 2008/2009
HOUSING AND URBAN DEVELOPMENT ANNUAL ACTION PLAN
The proposed amendment to the 2008/2009 Annual Action Plan allocates $536,132 of
new Community Development Block Grant Recovery Program (CDBG-R) funds
established by the American Recovery and Reinvestment Act (Recovery Act) and
reprograms $508,744 of prior year Community Development Block Grant (CDBG) funds
for eligible projects. (Deputy City Manager/Development Services Director)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Councilmember Castaneda stated that he would be abstaining from voting on Item 6, due to the
proximity of his property to the project, and he left the dais at 5:03 p.m.
Redevelopment and Housing Manager Mills and Project Coordinator Davis presented the
proposed Housing and Urban Development Annual Action Plan and reallocation of CDBG
entitlement funds.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
ACTION: Mayor Cox moved to adopt the following Resolution No. 2009-127, heading read,
text waived:
RESOLUTION NO. 2009-127, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING 1) AN AMENDMENT TO THE
FISCAL YEAR 2008/2009 HOUSING AND URBAN DEVELOPMENT
ANNUAL ACTION PLAN TO ALLOCATE $536,132 OF COMMUNITY
DEVELOPMENT BLOCK GRANT RECOVERY PROGRAM FUNDS AND
REPROGRAM $508,744 OF PRIOR YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT ENTITLEMENT FUNDS FOR ELIGIBLE PROJECTS; 2)
AUTHORIZING AN INTER-PROJECT TRANSFER ($160,000) FROM
COMMUNITY DEVELOPMENT BLOCK GRANT ENTITLEMENT PROJECT
STM-354 TO DR-133; AND 3) AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY DOCUMENTS NECESSARY TO OBTAIN THE HOUSING
AND URBAN DEVELOPMENT GRANT FUNDS
Councilmember Bensoussan seconded the motion and it carved 4-0-1, with
Councilmember Castaneda abstaining.
Councilmember Castaneda returned to the dais at 5:10 p.m.
Page 5 -Council Minutes
June 2, 2009
. rte'
/-'~
~~
DRAFT
PUBLIC HEARINGS (Continued)
7. CONSIDERATION OF AMENDMENTS TO THE MASTER FEE SCHEDULE,
CHAPTER XVII, CHULA VISTA NATURE CENTER
Working in concert with the Chula Vista Nature Center Boazd of Trustees, staff has
determined that the current fee structure is insufficient to cover costs and maintain the
operation of the Chula Vista Nature Center ("Nature Center"). As one step in creating a
sustainable Chula Vista Nature Center, staff is recommending amendments to Chapter
XVII of the Master Fee Schedule, increasing admission fees at the Nature Center.
(Director of Recreation and Nature Center)
Notice of the heazing was given in accordance with legal requirements, and the heazing was held
on the date and at the time specified in the notice.
Recreation Director and Nature Center Dtrector Martin introduced the Nature Center
sustainability plan. He noted the Nature Center Letter of Intent submitted to the Council on the
dais, dated June 1, 2009 from Ken Weimer, President, Friends of Chula Vista Nature Center. He
then introduced Dr. Joseph, who gave an overview of the current and proposed Nature Center
fees, and provided a compazison of admission prices of other discretionary activities in San
Diego, and suggested the need for a fee structure that was compazable with similaz agencies in
the region.
Mayor Cox opened the public hearing.
The following members of the public spoke in favor of the proposed changes to the Master Fee
Schedule:
Frank Roseman, Chula Vista resident, representing the Chula Vista Nature Center Board
of Directors
Ken Weimer, Chula Vista resident
Susan Fuller, Imperial Beach resident
Mary Ann Saponara, Chula Vista resident
The following members of the public did not speak, but submitted speaker slips in support of the
proposed fee increase:
Kazen Quiros, San Diego resident
Nancy Stinebuck, Chula Vista resident
Barbara Main, Bonita resident
Written correspondence was submitted on the dais by Zaneta Encamacion, dated June 2, 2009,
indicating support for the proposed fee increase.
There being no further members of the public who wished to speak, Mayor Cox closed the public
heazing.
Page 6 -Council Minutes
June 2, 2009
~~~~^~
DRAFT
PUBLIC HEARINGS (Continued)
Deputy Mayor McCann asked what was being done to mazket add-on services and facility rentals
at the Nature Center. Director Martin responded that staff was working with the San Diego Zoo
and Wild Animal Park on cross-promotional opportunities and mazketing. Additionally, the
marketing company of O'Sullivan/Simms was providing pro-bono marketing services to assist
the Nature Center in its endeavors to develop a marketing plan. Furthermore, Miller Elementary
School would be conducting its 7th and 8th grade science classes at the Nature Center, Mondays
through Fridays. He stated that staff was also working with the Chula Vista Elementary School
District Superintendent to look at marketing strategies targeted towards the students.
Councilmember Ramirez encouraged community sign-ups for Nature Center membership. He
stated his interest in allowing the Nature Center Boazd more flexibility in its ability to make
decisions on the proposed fee increases at the Board level, rather than coming before the Council
for every change. To that end, he suggested that staff work with the Boazd to bring back a
document that would allow the Council to give that flexibility.
Councilmember Bensoussan spoke in support of the proposed fee increase, and was very
optimistic about the marketing and sustainability plan for the Nature Center.
Mayor Cox commented that an increase in admissions and marketing would help fill the existing
$750,000 budget gap.
ACTION: Councilmember Bensoussan moved to adopt the following Resolution No. 2009-
128, heading read, text waived:
RESOLUTION NO. 2009-128, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AMENDING THE MASTER FEE SCHEDULE
TO CHANGE THE EXISTING FEES AND FEE DESCRIPTIONS
ASSOCIATED WITH THE CHULA VISTA NATURE CENTER
Councilmember Ramirez seconded the motion and it carried 5-0.
OTHER BUSINESS
CITY MANAGER'S REPORTS
City Manager Sandoval gave an update on the economic development aspect of the City's Fiscal
Health Plan adopted by the Council in January 2009, stating that the draft Environmental Impact
Report had gone out for the Eastern Urban Center, which would provide corporate office space, a
business park, and high quality retail, and that a report was anticipated to be presented before the
Council in September 2009.
Page 7 - Counci] Minutes
June 2, 2009
~~~ . '
DRAFT
OTHER BUSINESS (Continued)
9. MAYOR'S REPORTS
A. Consideration of proposed appointment process for a future vacancy on the San Diego
Unified Port District Board of Port Commissioners.
Mayor Cox provided an overview of the proposed appointment process.
Councilmember Bensoussan suggested holding the interviews in the Council Chambers.
Deputy Mayor McCann suggested requiring parts I and II of the application be submitted at the
same time, to include the submission of economic disclosures with the initial application.
Councilmember Castaneda agreed with Deputy Mayor McCann's suggestion, he also
recommended holding the interviews at a Regulaz Council Meeting, and broadcasting the
meeting.
Councilmember Ramirez agreed with televising the interviews, but disagreed with requiring
economic disclosure and forfeiting privacy by those individuals not selected for an interview.
Discussion continued regarding televising the interviews.
Mayor Cox stated that televising the interviews may give an advantage to those applicants
scheduled for a later interview, who may heaz the responses from the applicants being
interviewed eazlier.
Deputy Mayor McCann suggested providing the interview questions to those applicants being
interviewed in advance of the scheduled interviews.
ACTION: Mayor Cox moved to modify processes 4 and 8, so that part I (application) and
part II (economic disclosure form) of the application would be due when the
application was due; to notify the applicants in advance, once they were selected
for interviews, of the questions they would be asked; and that Councilmembers
select an unrestricted number of applicants for interviews. Councihnember
Castaneda seconded the motion and it carried 5-0.
B. City Council Questions and Answers with Port Commissioner William Hall.
Mayor Cox referenced the recently approved Unified Port District's 2009/2010 preliminary
budget, noting few specific references to expenditures on behalf of the City of Chula Vista. To
that end, she asked Commissioner Hall how he would anticipate advocating for the Chula Vista
citizens related to the Port's budget. Commissioner Hall responded that he had reviewed the
budget, and there were additional concerns, including 1) the need for monies to enable ongoing
work in conjunction with the Bayfront master plan EIR certification process, and 2) monies to
provide for engineering studies in conjunction with the H Street extension. He stated that he had
discussed these matters with the CFO, Land Use Planning, and Real Estate, and that the items
were on the table for the upcoming Port budget discussions.
Page 8 -Council Minutes
June 2, 2009
/~ a~
DRAFT
OTHER BUSINESS (Continued)
Mayor Cox commented on the top six proposed Capital Development Projects (CDP's) of the
Port, stating that there was no mention of a Chula Vista CDP as a priority. She asked
Commissioner Hall if he could champion for CDP's for the City. Commissioner Hall responded
that most of the money in the five-yeaz CDP budget was captured with existing reserves, and a
portion of that money was allocated to the development of the Chula Vista bayfront. He stated
that his goal was to ensure that the Port budget included wording to indicate that the existing
$4.3 million would be available, when appropriate, to accomplish the near term objective in
conjunction with the Chula Vista Bayfront Master Plan. Additionally, he spoke of the need to
empower additional development and solidify entitlements, which would change the perspective
of the Port Commissioners for the potential for economic investments.
Mayor Cox referenced unanticipated revenues in the Port's budget that would result from the
decommissioning of the South Bay power plant and new lease revenues. To that end, she asked
Commissioner Hall what he saw as his role in championing the removal of the South Bay power
plant, and in the revenues being directed towazds Chula Vista. Commissioner Hall responded
that his commitment to decommission the power plant was extremely high, and that it was the
Port's intent to bring down the power plant. Regarding the revenue stream, he stated that there
was an agreement that pre-dated his service on the Port Commission that would have directed
revenue to Chula Vista, but that the agreement was never executed. He stated that he wasn't sure
that he could successfully negotiate directing the revenues to the City, but that he could bring it
up.
Councilmember Castaneda asked, and Commissioner Hall confirmed, that it would be his
intention to step down as Port Commissioner once the Council had decided on a permanent
replacement. Councilmember Castaneda commented that maybe the City should look at
legislation to dissolve the Port, and allow the City to do what it needed to do for its bayfront and
its residents.
Deputy Mayor McCann asked if Commissioner Hall would be willing to apply for the Port
Commissioner position for the remainder of the term, and encouraged him to apply.
Commissioner Hall responded that he was undecided, commenting that he had fewer limitations
in an emeritus status.
Councilmember Bensoussan commented on the importance of keeping the Council and staff
apprised of communications with the Port. She asked Commissioner Hall if he saw himself as a
champion with furthering the goals of the City. Commissioner Hall responded that
communications between the Port, the Council, and the community was important to establish
and achieve those goals. He also stated that it was his intent to strengthen City staff participation
in the negotiation process with the Port and Pacifica. Councilmember Bensoussan asked whether
the 90-day negotiation deadline could be changed or extended. Commissioner Hall responded
that it would be appropriate to look at an extension.
Councilmember Ramirez encouraged Commissioner Hall to apply for the permanent Port
Commissioner position, for the remainder of the term.
Page 9 -Council Minutes
June 2, 2009
f~~
DRAFT
OTHER BUSINESS (Continued)
Lisa Cohen, Chula Vista resident, representing the Chula Vista Chamber of Commerce, spoke on
behalf of Chamber President, Chris Boyd, and thanked the Council for its prompt decision to
ensure that the City had a voice at the Port. She spoke in support of the appointment of
Commissioner Hall.
Daniel Rottenstreich, San Diego resident, representing Unite Here hotel workers union, spoke in
favor of an open appointment process to fill the Port Commissioner position, and appointment of
a progressive representative who shazed the values of the citizens, and for the creation of good
jobs and benefits. He urged the Council to open the Port application process immediately and to
ask the applicants what their vision was for the bayfront.
Allison Rolfe, San Diego resident, representing Pacifica Companies, stated that it was important
that Chula Vista be well represented at the Port level. She spoke in support of a public Port
Commissioner appointment process, and for good interim representation for continuity with
current negotiations.
Laura Hunter, National City resident, representing Environmental Health Coalition, stated there
was a need for a good appointment process with public input. She suggested that the Council
request from the Port, the monetary worth of the run-must-run (RMR) contracts to ensure the
City's receipt of no less than 50% of what the Port was making from the power plant.
Evan Mclaughlin, San Diego resident, representing San Diego and Imperial Counties Labor
Union, stated there was a need for public input and an open, transpazent Port appointment
process, and to move forward immediately on the appointment process.
Todd Roberts, San Diego resident, representing Marine Group Boat Works, stated there was a
need for good Port Commissioner representation for the City and the Port tenants. He further
stated that local stakeholders were available to participate in the process.
Mayor Cox clarified that the Port Commissioner position was voluntary and not considered a full
time position. She encouraged Commissioner Hall to apply for the position. She also supported
and expressed the importance of including City staff in discussions on matters in which Chula
Vista had an interest. She suggested that Commissioner Hall provide an update to the Council in
June or July.
Councilmember Bensoussan asked Commissioner Hall his position on living wages, and his
opinion on a living wage standard for the bayfront. Commissioner Hall responded that he was in
favor of a living wage standard for the bayfront. She asked Commissioner Hall his opinion on
the recommendation by the Energy Subcommittee for Port support not to champion the renewal
of the NPDES discharge permit. He responded that he was not privy to the negotiations, but
would be happy to look at the matter.
Page ] 0 -Council Minutes
June 2, 2009
/~U~-1~
DRAFT
OTHER BUSINESS (Continued)
Mayor Cox spoke regazding opening and closing dates for the Port Commissioner applications,
and suggested that the Council allow Commissioner Hall some time to determine the issues with
Pacifica, the South Bay Power Plant, and the EIR certification, and to return to the Council over
the summer with a report and updates.
ACTION Councilmember Castaneda moved to establish a process to open the Port
Commissioner application process from August 3, 2009 through August 31, 2009
at 5:00 p.m. Deputy Mayor McCann seconded the motion and it carried 5-0.
Mayor Cox announced the upcoming Fun Run SK event on June 6, 2009, at the Olympic
Training Center.
10. COUNCILMEMBERS' COMMENTS
Councilmember Ramirez commented on his recent Public Office Hours meeting to discuss some
of the recent successes in the Otay Ranch neighborhood, and thanked Officer Thurmon who
addressed issues with RV's parked on public streets, and other issues through Walk San Diego
and City staff. He also commended City staff on its efforts to seek grant funding for street
improvements in the Otay Ranch neighborhood. The next Public Office Hours was scheduled
for the first Monday in June in western Chula Vista.
It was the consensus of the Council to commence the June 9th Council Meeting at 4:00 p.m.
Councilmember Castaneda announced the recent passing of Daniel Munoz, Sr., founder of La
Prensa newspaper, and he extended his condolences to the Munoz family on behalf of the
Council.
Mayor Cox recessed the meeting to convene in Closed Session at 7:42 p.m.
CLOSED SESSION
11. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT
CODE SECTION 54957.6
Agency designated representatives: Jim Sandoval, Scott Tulloch, Kelly Bacon,
Bart Miesfeld, Maria Kachadoorian, Rod Betts
Employee organization: IAFF
No reportable action was taken on this item.
Page 1 ] -Council Minutes
June 2, 2009
~~ , r f,
DRAFT
ADJOURNMENT
At 8:40 p.m., Mayor Cox adjourned the meeting to the Meeting of June 3, 2009 at 6:00 p.m. in
the Executive Conference Room (CVRC Interviews), and thence to the Regulaz Meeting on June
9, 2009.
~ _
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Lorraine Bennett, CMC, Deputy City Clerk
Page 12 -Council Minutes
June 2, 2009
~~~ -~~,
~f~C~~~_~MC~
II
President, San Diego Unified Port District
3165 Pacific Highway, San Diego CA 92101
Charles Wurster
Dear Charlie,
September 3, 2009
As you aze aware, I was appointed to the Port Commission by Chula Vista CiTy Council with the
intent to serve only until the CiTy of Chula Vista could identify a Commissioner to fill Mike
Najera's remaining term, a process that is now underway with applications in hand and under
review.
I made a firm commitment to the Chula Vista City Council and the people of Chula Vista to
tender my resignation before a new Commissioner was appointed. As promulgated during the
last Commission meeting, I am honoring that commitment and hereby tender my resignation.
I remain ready and willing to assist the Port and the City of Chula Vista in any manner possible.
I am extremely proud of the Port's far-reaching accomplishments and the extraordinary
professionalism of your Team.
It is with regret and considerable affecfion, that I tender this resignation from the Boazd of Port
Commissioners to be effective immediately.
Sinc ly and with the warmest regards,
li A. Hall
Copy: Cycy
Mayor, City of Chula Vista, Cheryl Cox ~~
Chairman, Boazd of Port Commissioners, Stephen Cushman nO
Port Attorney, San Diego Unified Port District, Duane Bennett m ~^
Chula Vista CiTy Manager, James Sandoval ~
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SEP U 3 2009 ,I~JI~
COUNCIL OFFICES v
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CITY COUNCIL
AGENDA STATEMENT
~{f(.. CITY OF
'- ~ (HUlA VISfA
SEPTEMBER 15, 2009 Iteml
ITEM TITLE:
ORDINAi"lCE OF THE CITY OF CHULA VISTA
AIvIENDING SECTION 2,04,050 OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO TIME AND PLACE OF
COUNCIL WORKSHOPS
CITYMANAGE*
ASSISTMH CITY M.il..NAGER ?J
SUBMITTED BY:
REVIEWED BY:
4/5THS VOTE: YES 0 NO I X I
SUMivIARY
Section 2,04,050 of the ChuIa Vista Municipal Code sets the time and place for City Council
Workshops, The current ordinance sets the time on the fourth Thursday of the month at four
p,m, in the council conference room in the CIvic Center Complex, Adoption of the
ordinance will update the Municlpal Code to reflect the current practIce of convening
Council Workshops on the tJrst Thursday ofthe month,
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has revIewed the proposed activity for
compliance with the California Environmental Quality Act (CEQA) and has deterrnined
that the activity is not a "Project" as defined under Section 15378(b)(5) of the State
CEQA Guidelines because it involves only a change In City Council meeting times and
therefore is an organizational or administrat1Ve activity of government that will not result
in a direct or Indirect 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 reVlew is necessary,
RECOMMENDATION
That Council p lace the ordinance on first readIng,
BOARDS/COMMISSION RECOMMENDATION
Not applIcable
DISCUSSION
3-1
SEPTENffiER 15, 2009, Item~
Page 2 of2
Section 2.04.050 of the Chula Vista Municipal Code sets forth the time and place of
Council Workshops. The current code sets the time for the Council Workshops on the
fourth Thursday of the month at four p.m. in the Council conference room in the Civic
Center Complex. The proposed ordinance updates the Municipal Code to reflect the
current practice of convening Council Workshops on the first Thursday of the month in
Council Chambers. The update will also allow the Council the flexibility to change the
time and location of the meeting with the proper notitlcation.
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 nIle found in California Code of
Regulations section 18704.2(a)(I) is not applicable to this decision.
CURRENT YEAR FISCAL IMPACT
Approval of the ordmance results in no fiscal impact to the General Fund.
ONGOING FISCAL IMPACT
Approval of the ordinance results in no on gomg fiscal impact to the General Fund.
3-2
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING SECTION 2.04.050 OF THE CHULA
VISTA MUNICIPAL CODE RELATING TO TIME AND
PLACE OF COUNCIL WORKSHOPS
WHEREAS, Chapter 2.04.050 of the Chula Vista Municipal Code establishes the
time and place of Chula Vista City Council workshops; and
\VHEREAS, the current ordinance sets the time for City Council workshops on
the fourth Thursday of the month at four p.m. in the Council Conference Room; and
WHEREAS, the City desires to amend Chapter 2.04.050 of the Chula Vista
Municipal Code to set the time for City Council workshops on the first Thursday of the
month at four p.m. in the City Council Chambers unless othen,ylse noticed
NOW THEREFORE BE IT ORDAINED, the Council of the City of Chula Vista
does hereby amend Section 2.04.050 of the Chula Vista Municipal Code relating to time
and place of Council meetings:
SECTION l:
Section 2.04.050 of the Chula Vista Municipal Code IS hereby amended to read as
follows:
2.04.050
Workshops
A. The Mayor may announce, or the Council on majority vote may direct, at any
regular Council meeting, the convening of a Council workshop on the first
Thursday of the month, and in such event, the Council shall conduct a Council
meeting on said first Thursday of the month at 4:00 p.m. in the Council
Chambers in the Civic Center Complex, Administration Building, at 276
Fourth Avenue, unless otherwise noticed. Said meeting shall be known as a
"Council workshop," and shall be conducted in a "workshop" context
according to the rules, policies, and guidelines herein set forth in this section.
B. The primary purpose of the Council workshop meeting shall be to address
matters which are primarily of a planning character or other matters which
require extensive deliberation of such length, duration or complexity as to be
not conveniently capable of being addressed at the regular Tuesday Council
meetings. Notwithstanding the foregoing, other matters may be addressed
which, in the opinion of the City Manager, have some aspect of urgency to
them or should be addressed at such meeting in subsequent Tuesday City
Council meeting.
3-3
C. Notice requirements for special Council conferences, other than Council
workshops noticed in the manner herein provided, shall be the same as those
for special Council meetings.
D. At such Council workshops or special conferences, the City Council may
require the attendance of members of any boards and commissions or
members of the administrative staff for the purpose of discussing those items
that appear on the Council conference agenda.
E. Council workshop meetings shall be deemed a regular City Council meeting
for all intents and purposes, and the City Council shall have the full authority
to take any and all actions which the City Council is otherwise authorized by
law or Charter to take at meetings.
F. The City Clerk, unless otherwise directed by the City Council, may limit the
record of Council workshop meetings to a record of actions taken ("action
minutes") by the Council.
SECTION 2:
This ordinance shall take effect and be in full force and effect on the thirtieth day from
and after its adoption.
Approved as to form by
~~
GAna. I
'\ - 'Citv Attornev
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Presented by
James D. Sandoval
City Manager
3-4
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING SECTION 2.04.050 OF THE CHULA
VISTA Ml..iNICIPAL CODE RELATING TO TIME AND
PLACE OF COUNCIL WORKSHOPS
WHEREAS, Chapter 2.04.050 of the Chula Vista Municipal Code establishes the
time and place of Chula Vista City Council workshops; and
WHEREAS, the current ordinance sets the time for City Council workshops on
the fourth Thursday of the month at four p.m. in the Council Conference Room; and
W'HEREAS, the City desires to amend Chapter 2.04.050 of the Chula Vista
Municipal Code to set the time for City Council workshops on the first Thursday of the
month at four p.m. in the City Council Chambers unless otherwise noticed
NOW THEREFORE BE IT ORDAINED, the Council of the City of Chula Vista
does hereby amend Section 2.04.050 of the Chula Vista Municipal Code telating to time
and place of Council meetings:
SECTION I:
Section 2.04.050 of the Chula Vista Municipal Code is hereby amended to read as
follows:
2.04.050
Workshops
A. The Mayor may announce, or the Council on majority vote may direct, at any
regular Council meeting, the convening of a Council workshop moctin;; on the
first fo~~rth Thursday of the month, and in such event, the Council shall
conduct a Council meeting on said first foarth Thursday of the month at 4:00
p.m. in the Council Chambers c01:fcroncc room-in the Civic Center Complex,
Administration Building, at 276 Fourth Avenue. unless otherwise noticed.
Said meeting shall be known as a "Councii workshop meeting," and shall be
conducted in a "workshop" context according to the rules, policies, and
guidelines herein set forth in this section.
B. The primary purpose of the Council workshop meeting shall be to address
matters which are primarily of a planning character or other matters which
require extensive deliberation of such length, duration or complexity as to be
not conveniently capable of being audressed at the regular Tuesday Council
meetings. Notwithstanding the foregoing, other matters may be addressed
which, in the opinion of the City Manager, have some aspect of urgency to
them or should be addressed at such meeting in subsequent Tuesday City
Council meeting.
3-5
C. Notice requirements for special Council conferences, other than Council
workshops noticed in the manner herein provided, shall be the same as those
for special Council meetings.
D. At such Council workshops or special conferences, the City Council may
require the attendance of members of any boards and commissions or
members of the administrative staff for the purpose of discussing those items
that appear on the Council conference agenda.
E. Council workshop meetings shall be deemed a regular City Council meeting
for all intents and purposes, and the City Council shall have the full authority
to take any and all actions which the City Council is otherwise authorized by
law or Charter to take at meetings.
F. The City Clerk, unless otherwise directed by the City Council, may limit the
record of Council workshop meetings to a record of actions taken ("action
minutes") by the Council.
SECTION 2:
This ordinance shall take effect and be in full force and effect on the thirtieth day from
and after its adoption.
Presented by
Approved as to form by
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kV 'City Attorney
James D. Sandoval
City Manager
3-6
;, ~j;
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
CITY COUNCIL
AGENDA STATEMENT
~\ft... CITY OF
.:~ CHUlA VISTA
SEPTEMBER 15, 2009, Item i.f
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY MANAGER TO
EXECUTE A.NY DOCUNIENTS W1TH SAN DIEGO
COMMUNITY HOUSING CORPORi\TION NECESSARY
FOR THE IMPLEMENTATION OF THE DEPARTMENT OF
HOUSING A1~1) URBAN DEVELOPMENT
NEIGHBORHOOD STABILI;JTION PROGRAM
DEPUTY CITY MA1'\jAGE~ DEVELOPMENT SERVICES
DIRECTOR
CITY MA..-.N.AGET
4/5THS VOTE: YES D NO I X I
SUIVIMARY
On March 3, 2009, Council approved and appropriated Neighborhood Stabilization
Program funds that included a portion for acquiring and rehabilitating rental housing for
very low income households. Staff has completed a selection process for an organization
to provide these services and staff recommends that the Council approve entering into a
contract with San Diego Community Housing Corporation.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed action for compliance
with the National Environmental Policy Act (1\ItPA) due to the use of Federal funds and
has determined that pursuant to Section 58.30 (b), Subpart D, Title 24 of the Code of
Federal Regulations, further review and envirorL'llental determination as appropriate, will
be required for each project as it is identified. Thus, no further NEP A environmental
review or documentation is necessary at this time.
RECOMMENDA nON
Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDA nON
None.
4-1
September 15,2009, Item ~
Page2of3
i
,
J
DISCUSSION
BACKGROUND
On March 3, 2009, Council approved Neighborhood Stabilization Program (NSP) funds
that included a portion for acquisition and rehabilitation of abandoned and foreclosed
properties. Once acquired and rehabilitated by the City's partner, the units would be
leased to very low income households. Tonight, staff is bringing forward the selected
partner agency for this activity for City Council consideration and approval.
On April 24, 2009, a Request for Qualifications (RfQ) was issued for agencies interested
in acquiring and rehabilitating foreclosed or abandoned properties to rent to very low-
income qualified households utilizing NSP funds. The goal of the NSP program under
this activity is to create permanent rental housing for very low income households using
the $1,000,000 appropriated for this NSP activity. The agency selected partner will assist
the City in identifying the best method for leveraging NSP funds with other special needs
or low income housing funding opportunities. The City received five (5) proposals from
the following applicants:
1. Casa Familiar
2. Community HousingWorks
3. Pacific Southwest Community Development Corporation and Southern California
Housing Collaborative
4. San Diego Community Housing Corporation
5. South Bay Community Services
A selection committee reviewed the applications and conducted interviews. Based on the
applications received, San Diego Community Housing Corporation was selected as an
agency with enensive experience for this type of project and one that can best meet the
goals and objectives of the City's Neig,'J.borhood Stabilization Program Plan.
Proiect Scope and Contractual Requirements
As proposed, the services to be provided by San Diego Community Housing Corporation
are generally performed in eight phases: (1) identify properties, (2) conduct financial
feasibility, (3) submit to the City a pro forma for review and approval, (4) make an offer
on a property, close escrow, and record City's affordable housing loan documents
securing the City's financial interest (5) complete acquisition, (6) complete any
rehabilitation needed for occupancy, (7) market the units to eligible households, and (8)
manage the property during the affordability period.
4-2
September 15,2009, Item!:L
Page 3 of 3
DECISION lYL<\KER CONFLICT
Staff has reviewed the property holdings of the City Council and has found that two
conflicts exist, in that Councilmembers Castaiieda and Bensoussan have property
holdings within 500 feet of the boundaries or within the target neighborhoods which are
the subject of this action.
Due to identified conflicts during the initial target area development, City staff requested
a written opinion from the Fair Political Practices Commission CFPPC"). In response,
the FPPC opined that Councilmembers could particlpate in the decision on this matter
because, "it does not appear foreseeable that the decision to appropriate HlJD funds will
have a material financial effect (on a council member)."
FISCAL IMPACT
Current
There is no fiscal impact by tonight's action. NSP funds were previously appropriated by
Council on March 24, 2009.
Ongoing
There are no ongoing fiscal impacts as the program is revenue offset by the grant funds.
A TT A CIIlYIENTS
Attachment I: Developer Agreement
Prepared by: Jose Dorado. Project Coordinaror [f,
DevelopmenT Services Department, Housing Division
4-3
Attachment 1
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CllY Of
CHUlA VISTA
AGREEMENT
BY AND BETWEEN THE
CITY OF CHULA VISTA
AND
SAN DIEGO COMMUNITY HOUSING CORPORATION
FOR MANAGEMENT AND IMPLEMENTATION OF
A NEIGHBORHOOD STABILIZATION PROGRAM
This Contract Number by and between San Diego Community Housing
Corporation (hereinafter referred to as "Developer") and the City of Chula VistCl
(hereinafter referred to as "City") is effective on ("Effective Date").
WITNESSETH:
WHEREAS, the Neighborhood Stabilization Program (NSP), authorized under Title III
of Division B of the Housing and Economic Recovery Act of 2008 (HERA), is a special
allocation of Community Development Block Grant (CDBG) funds targeted at
acquisition, rehabilitation of foreclosed and abandoned properties in eligible
neighborhoods; and
WHEREAS, the Department of Housing and Urban Development described
regulatory requirements in Federal Register Notice (FR-5255-N 01) dated October 6,
2008, and amended such requirements by Federal Register Notice (FR-5255-N-02)
Notice of Allocations, Application Procedures, Regulatory Waivers Granted to and
Alternative Requirements for Emergency Assistance for Redevelopment of Abandoned
and Foreclosed Homes Grantees under the Housing and Economic Recovery Act, 2008:
and
WHEReAS, the City, is authorized to apply for and accept Neighborhood
Stabilization Program Grant funds; and
WHEREAS, City incorporated the use of Neighborhood Stabilization Program
funds described in Attachment "A" hereof (hereinafter referred to as the "Project") into
the City's Community Development Block Grant/HOME Investment
Partnership/Emergency Shelter Grant Annual Funding Plan Amendment which was
submitted to the U.S. Department of Housing and Urban Development (HUD); and
WHeREAS, HUD has approved the City Annual Funding Plan Amendment for the
Neighborhood Stabilization Program; and
WHEREAS, Neighborhood Stabilization Program funds are generally construed as
CDBG program funds, subject to CDBG program requirements (unless superseded by
HERA) and is considered a special allocation of Fiscal Year (FY) 2008 CDBG funding;
and,
NSP Developer Agreement
Page 1 of II
4-4
1
I
WHEREAS, it is the desire of the Developer and the City that the Project be
implemented by the Developer; and
I
I
I
WHEREAS, the Developer shall undertake the same obligations to the City with
respect to the Project in the City's aforesaid Amendment to the Annual Funding Plan for
participation in the Neighborhood Stabilization Program;
NOW THEREFORE, [T IS AGREED AS FOLLOWS:
I. WORK TO BE PERFORMED: Developer shall implement the scope of work ("Scope
of Work") described in Attachment A, hereof fully and in accordance with the
terms of the Annual Funding Plan Amendment approved by the City and
submitted to HUD in application for NSP funds to carry out the Project and the
Certifications which were submitted concurrently with the Annual Funding Plan
Amendment. The Annual Funding Plan and Certifications form is hereby
incorporated by reference into this contract fully as if set forth herein.
Developer shall also undertake the same obligations to the City that the City has
undertaken to HUD pursuant to said Annual Funding Plan Amendment and
Certifications. The obligations undertaken by Developer include, but are not
limited to, the obligation as applicable comply with each of the following as
may be amended from time to time and be amended for specific
Neighborhood Stabilization Program activities described in Federal Register
Notices FR-5255-N-Ol and FR-5255-N-02:
a. HERA alternative requirements to provisions under Title I of the Housing and
Community Development Act of 1974 (Public Law 93-383, as amended, 42
USC S 5301, et seq.), as amended, except for requirements related to fair
housing, nondiscrimination, labor standards, and the environmental
(including lead-based pain!), in accordance with the terms of section 2301
of HERA and for the sole purpose of expending the use of grant funds;
b. HUD regulations relating to Community Development Block Grants (24 CFR
570.1, et seq.) unless superseded by HERA;
c. The regulations in 24 CFR Part 58 specifying other provisions of the law that
further the purposes of the National Environmental Policy Act of 1969 and the
procedures by which grantees must fulfill their environmental responsibilities;
d. Title VI of the Civil Rights Act of 1964 (42 USC S 2000d); Title VII of the Civil
Rights Act of 1964 (Public Law 88-352); Title VIII of the Civil Rights Act of 1968
(Fair Housing Act, 42 USC S 3601. et seq.); Section 109 of the Housing and
Community Development Act of 1974; Executive Order 11246, as amended
(equal employment opportunity); Executive Order 11063 (non-discrimination),
as amended by Executive Order 12259; and any HUD regulations heretofore
issued or to be issued to implement these authorities relating to civil rights;
e. Section 3 of the Housing and Urban Development Act of 1968, os amended,
12 U.s.e. 1701u.
NSP Developer Agreement
poge 2 of 11
4-5
All section 3 covered contracts shall include the following clause (referred to
as the "section 3 clause"):
i. The work to be performed under this contract is subject to the
requirements of section 3 of the Housing and Urban Development Act of
1968, as amended, 12 USe. 1701 u (section 3). The purpose of section 3 is
to ensure that employment and other economic opportunities generated
by HUD assistance or HUD-assisted projects covered by section 3, shall, to
the greatest extent feasible, be directed to low- and very low-income
persons, particularly persons who are recipients of HUD assistance for
housing.
ii. The parties to this contract agree to comply with HUD's regulations in 24
eFR part 135, which implement section 3. As evidenced by their
execution of this contract, the parties to this contract certify that they are
under no contractual or other impediment that would prevent them from
complying with the part 135 regulations.
iii. The Developer agrees to send to each labor organization or
representative of workers with which the Developer has a collective
bargaining agreement or other understanding, if any, a notice advising
the labor organization or workers' representative of the Developer's
commitments under this section 3 clause, and will post copies of the
notice in conspicuous places at the work site where both employees and
applicants for training and employment positions can see the notice. The
notice shall describe the section 3 preference, shall set forth minimum
number and job titles subject to hire, availability of apprenticeship and
training positions, the qualifications for each; and the name and location
of the person(s) taking applications for each of the positions; and the
anticipated date the work sholl begin.
iv. The Developer agrees to include this section 3 clouse in every
subcontract subject to compliance with regulations in 24 eFR part 135,
and agrees to toke appropriate action, as provided in on applicable
provision of the subcontract or in this section 3 clause, upon 0 finding that
the sub-contractor is in violation of the regulations in 24 eFR port 135. The
Developer will not subcontract with any sub-contractor where the
Developer has notice or knowledge that the sub contractor has been
found in violation of the regulations in 24 eFR part 135.
v. The Developer will certify that any vacant employment positions,
including training positions, that ore filled (I) after the Developer is
selected but before the contract is executed, and (2) with persons other
than those to whom the regulations of 24 eFR port 135 require
employment opportunities to be directed, were not filled to circumvent
the Developer's obligations under 24 eFR part 135.
vi. Noncompliance with HUD's regulations in 24 eFR part 135 may result in
sanctions, termination of this contract for default. and debarment or
suspension from future HUD assisted contracts.
vii. With respect to work performed in connection with section 3 covered
Indian housing assistance, section 7(b) of the Indian Self-Determination
and Education Assistance Act (25 USe. 450el also applies to the work to
be performed under this contract. Section 7(b) requires that to the
greatest extent feasible (i) preference and opportunities for training and
employment sholl be given to Indians, and (ii) preference in the award of
contracts and subcontracts shall be given to Indian organizations and
NSP Developer Agreement
F age 3 of II
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Indian-owned Economic Enterprises. Parties to this contract that are
subject to the provisions of section 3 and section 7('0) agree to comply
with section 3 to the maximum extent feasible, but not in derogation of
compliance with section 7('0).
i. The Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1979, 42 USC S 4601. et seq.. and regulations adopted to implement that
Act in 49 CFR Part 24; except as those provisions are modified by the Notice
for the NSP Program published by HUD.
g. Office of Management and Budget ("OMB") Circular A-122 entitled "Cost
Principles for Non-Profit Organizations"; OMB Circular A-133 entitled "Audits of
States, Local Governments, and Non-Profit Organizations"; and OMB Circular
A-110 entitled "Uniform Administrative Requirement for Grants and
Agreements with Institutions of Higher Education, Hospitals, and Other Non-
Profit Organizations."
h. Grant administration requirements as described in 24 CFR 570.504 and CDBG
program income requirements at 24 CFR Part 570.500(0) shall apply to the
amounts received by the City. Developer shall equally share any net
operating income earned (i.e. residual receipts) by Developer in carrying out
the activities of this Contract with the City. Residual Receipts and Program
Income must be used for a NSP eligible activity. Upon expiration of this
Contract, Developer shall transfer to the City any Neighborhood Stabilization
Community Development Block Grant funds on hand at the time of
expiration and any accounts receivable attributable to the use of
Neighborhood Stabilization Community Developmerlt Block Grant funds.
Any real property under Developer's control acquired or improved in whole
or in part with Community Development Block Grant funds will be used to
meet one of the Neighborhood Stabilization Program National Objectives, as
defined in 24 CFR 570.208, and outlined in the City of Chula Vista Annual
Fundina Plan Amendment (i.e. NSP Plan);
I. 24 CFR 570.505 concerning use of real property;
t. The following laws and regulations relating to preservation of historic places:
National Historic Preservation Act of 1966 (Public Law 89-665); the Historical
and Archaeological Preservation Act of 1974 (Public Law 93-291); and
Executive Order 11593;
k. The Labor Standards Regulations set forth in 24 CFR 570.603;
I. Labor Code section 1771 concerning prevailing wages;
m. The Hatch Act relating to the conduct of political activities (5 U.s.C. S 1501.
et seq.);
n. The Flood Disaster Protection Act of 1973 (42 U.s.e. S 4001. et seq., and the
implementing regulations in 44 CFR Parts 59-78);
o. The Rehabilitation Act of 1973 (PUblic Law 93-112) as amended, including
NSP Developer Agreement
Page 4 of 11
4-7
Section 504 which relates to nondiscrimination in federal programs and HUD
24 CFR Part 8;
p. The Clean Air Act (42 U.S.C. 3 7401, et seq.) and the Federal Water Pollution
Control Act, as amended (33 U.s.e. 3 1251. et seq.) and the regulations
adopted pursuant thereto (40 CFR Part 6);
q. The Drug-Free Workplace Act of 1988 (Public Law 100-690);
r. The Lead-Based Paint Poisoning Prevention Act. the Residential Lead-Based
Paint Hazard Reduction Act of 1992, and implementing regulations at 24 CFR
Pari 35;
s. No member, officer or employee of the Developer, or its designee or agents,
no member of the governing body of the locality in which the program is
situated, and no other public official of such locality or localities who
exercises any functions or responsibilities with respect to the program during
his/her tenure or for one year thereafter, shall have any interest, direct, or
. indirect. in any .contract or subcontract. or the process thereof, for work to be
performed in connection with the program assisted under the Grant. and
that it shall incorporate, or cause to be incorporated, in all such contracts or
subcontracts a provision prohibiting such interest pursuant to the purposes of
this certification.
t. The Developer certifies, that in accordance with Section 319 of Public Law
101- 121, to the best of his or her knowledge and belief that;
i. No federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting to
influence an officer or employee of any agency, a member of Congress,
an officer or employee of Congress, in connection with the awarding of
any federal contract, the making of any federal grant. the making of any
federal loan, the entering into of any cooperative contract, and the
extension, continuation, renewals, amendment. or modifications of any
federal contract, grant loan, or cooperative contract.
II. If any funds other than federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, or an
employee of a member of Congress in connection with this federal
contract, grant. loan, or cooperative contract, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions.
u. The Architectural Barriers Act of 1968 (42 U.S.e. 34151. et seq.J;
v. The Americans with Disabilities Act (42 U.s.e. 3 12101 J; and
w. The bonding requirements described in 24 CFR Part 85.36 required for
construction or faciilty improvement contracts or subcontracts that exceed
the simplified acquisition threshold (defined at 41 U.s.e. 403(11)). These
requirements are further described in Attachment A, which is atiached
NSP Developer Agreement
Page 5 of II
4-8
hereto and incorporated by reference.
x. Developer sholl hold City harmless and indemnify City against any harm that
it may suffer with respect to HUD on account.of any failure on the port of the
Developer to comply with the requirements of any such obligation.
2. COMPLL".NCE WITH LAWS: Developer sholl comply with 011 applicable local,
state, and federal lows,. regulations, ordinances, and City Policies when
performing the work required by this Contract.
3. COMPENSATION: City sholl reimburse Developer up to 10% for 0 developer fee
for the portfolio of projects (rental units) assistance and with reasonable gap
financing expenses it incurs for work performed under this Contract. Total
reimbursement (developer fee and gap financing) sholl not exceed $1.000,000.
Developer sholl not submit claims to the City nor sholl City reimburse Developer
for costs for which Developer is reimbursed from 0 source other than the funds
allocated for work under this Contract.
4. COMPENSATION SCHEDULE: City sholl pay Developer monthly progress
payments upon submittal by Developer of 0 certified statement of actual
expenditures incurred, provided, however, that not more than 90% of the total
agreed compensation will be paid during the performance of this Contract. The
balance due shall be paid upon certification by Developer that 011 of the
required services hove been completed. Payment by City is not to be construed
as final In the event HUD disallows reimbursement for the project or any portion
thereof. The 10% retention will not apply to acquisition or service contracts.
5. INDIRECT COSTS: If indirect costs are charged, the Developer will develop on
indirect cost allocation plan for determining the appropriate Developer's share
of administrative costs and shall submit such plan to the City for approval.
6. EXPENDITURE STANDARD: To insure effective administration and performance of
approved Neighborhood Stabilization Program projects and to meet HUD
performance standards, Developer sholl demonstrate reasonable progress on
implementation of the project, expending 011 contracted funds within the term of
the contract. In the event all funds are not expended within the term period, the
City sholl notify the Developer of the expenditure deficiency. Developer will
hove 0 total of 30 days from the dote of the City's written notification to correct
the deficiency. If the deficiency is not corrected within that time, Developer
agrees that the City may reallocate the amount of the expenditure deficiency.
7. TERM: This contract shall commence when executed by the parties and shall
continue in effect until terminated as provided herein or until Developer has
carried out all its obligations under the contract. Services of the Developer sholl
start on the 1" day of September 2009 and end on the 30th day of June of 2010,
With City approval, the term of this Agreement and the provisions herein sholl be
extended to cover any odditional time period during which the Developer
remains in control of NSP/CDBG funds or other NSP/CDBG assets, including
program income.
8. TERMINATION FOR CONVENIENCE: The City may permit the agreement to be
NSP Developer Agreement
Page 6 of 1 ]
4-9
terminated for convenience in accordance with 24 CFR 85.44.
9. I\UTOMATIC TERMINATION: This Contract sholl terminate at the discretion of the
City if the United States Government terminates the Neighborhood Stabilization
Community Development Block Grant Program or terminates the Project that is
the subject of this Contract.
10. TERMINATION OF CONTRACT FOR CAUSE: Developer and City recognize that the
City is the governmental entity which executed the grant agreement received
pursuant to the City's application and that City is responsible for the proper
performance of the Project. If Developer foils to fulfill in 0 timely and proper
manner its obligations under this Contract to undertake, conduct or perform the
Project identified in this Contract, or if Developer violates any state lows or
regulations or local ordinances or regulations applicable to implementation of
the Project, or if Developer violates any provisions of this contract, City sholl hove
the right to terminate this contract by giving at least five days written notice to
Developer of the effective dote of termination.
Even if City terminates the Contract, Developer sholl remain liable to City for 011
damages sustained by City due to Developer's failure to fulfill any provisions of
this Contract, and City may withhold any reimbursement payments form
Developer for the purpose of set-off until the exact amount of damages due to
City from Developer is determined. Developer hereby expressly waives any and
011 claims for damages for compensation arising under this contract except as
set forth in this section in the event of such termination. The City may also, in lieu
of termination and at its discretion, toke any action, os stated in 24 CFR 85.43,
subdivision (0), sections I to 5, to enforce this Agreement.
11. CONTRACT ADMINISTRATION: The Housina Manaaer of the City of Chula Vista
sholl administer this Contract on behalf of the City. The Chief Executive Officer of
the Son Dieao Community Housina Corporation sholl administer this contract on
behalf of the Developer. Within a reasonable time after the City makes a
request, Developer sholl give the City progress reports or other documentation os
required by the City's Administrator to audit Developer's performance of this
Contract.
12. RECORDS AND REPORTS: The Developer sholl maintain records and make such
reports as required by the City of Chula Vista to, but not limited to, enable the
City to analyze Developer's project. All records of the Developer related to this
Contract or work performed under the Contract sholl be open and available for
inspection by HUD and/or City monitors and auditors during normal business
hours.
13. RETENTION: The Developer sholl retain 011 financial records, supporting
documents, statistical records, and 011 other records pertinent to the Agreement
for 0 period of five (5) years The retention period begins on the dote of the
submission of the Grantee's annual performance and evaluation report to HUD
in which the activities assisted under the Agreement are reported on for the final
time. Notwithstanding the above, if there is litigation, claims, audits, negotiations
or other actions that involve any of the records cited and that have started
before the expiration of the five-year period, then such records must be retained
NSP Developer Agreemenl
Page 7 of II
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until completion of the actions and resolution of all issues, or the expiration of the
five-year period, whichever occurs later.
14. DATA:' The Developer shall maintain data demonstrating eligibility (low-
moderate locations) for services provided. Such data shall include, but not be
limited to exact location of the work performed, and a description of service
provided. Such information shall be made available to City monitors or their
designees for review upon request.
15. DISCLOSURE: The Developer understands that client information collected
under this contract is private and the use or disclosure of such information, when
not directly connected with the administration of the City's or Developer's
responsibilities with respect to services provided under this contract. is prohibited
by the state of Federal law privacy laws unless written consent is obtained from
such person receiving service and, in the case of a minor, that of a responsible
parent/guardian.
16. QUARTERLY REPORTS! ANNUAl REPORT: Developer shall provide the City with a
quarterly report. submitted no later than 15 days after the last day of the
previous quarter. which includes a narrative of the services provided, progress
towards meeting the timeline goals stated in the contract, and an itemized
accounting of the expenditures of CDBG funds during the previous quarter.
Failure to submit quarterly reports in a timely manner will result in withholding of
CDBG funds until the report has been submitted. Quarterly Performance Reports
are due October 15 (]5' Quarter), January 15 (2nd Quarter), April 15, (3'd Quarter)
and July 15 (4th Quarter). The Annual Performance Report will also be due July
15,
17. INDEMNIFICATION: City shall not be liable for, and Developer shall defend,
indemnify, and hold the City, its officers, agents, employees and volunteers
harmless from and against any and all claims, deductibles, self-insured retentions,
demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor
disputes, losses, damages, expenses, charges or costs of any kind or character,
including attorneys' fees and court costs by this Contract arising either directly or
indirectly from any act, error, omission or negligence of Developer or its officers,
employees, agents.' Developers, licensees or servants, contractors or
subcontractors, including without limitation, claims caused by the concurrent
act, error, omission or negligence, whether active or passive, of City, and/or its
agents, officers, employees or volunteers. However, Developer shall have no
obligation to defend or indemnify City from a claim if it is determined by a court
of competent jurisdiction that such claim was caused by the sole negligence or
willful misconduct of City or its agents or employees.
Developer and its successors, assigns, and guarantors, if any, jointly and severally
agree to indemnify, defend (with counsel selected by City) reimburse and hold
City and its officers, employees and agents harmless from any claims,
judgments, damages, penalties, fines, costs, liabilities (including sums paid in
settlement of claims) or loss, including attorneys' fees, consultant's fees, and
experts' fees which arise during or after the contract term for any losses incurred
in connection with investigation of site conditions, or any cleanup, remedial.
removal or restoration work required by any hazardous materials laws because
NSP Developer Agreement
Page 8 of II
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of the presence of hazardous materials, in the soil, ground water or soil vapors on
the premises, and the release or discharge of hazardous materials by Developer
during the course of any alteration or improvements of the Premises by
Developer, unless hazardous materials are present solely as a result of the gross
negligence or willful misconduct of City, its officers, employees or agents. The
indemnification provided by this section shall also specifically cover costs
incurred in responding to:
a. Hazardous materials present or suspected to be present in the soil, ground
water.to or under the Property before the commencement date:
b. Hazardous materials that migrate, flow, percolate, diffuse, or in any way
move on to or under the Property following the commencement date:
c. Hazardous materials present on or under the Property as a result of any
discharge, release, dumping, spilling (accidental or otherwise), onto the
Property during or after the term of this Contract by any person, corporation,
partnership or entity other than City.
Funding from this program is a result of a Federal Grant, should Federal funding
be terminated for any reoson, City is not liable for any consequence of any type
resulting directly or indirectly from the termination of federal funding and
Developer agrees, in addition to any other indemnification provision set forth in
this agreement, to indemnify, hold harmless, and defend the City against any
claim, cause of action, or any form of liability as a result of, directly or indirectly,
funding termination.
The foregoing indemnities shall survive the expiration or termination of the
contract any or any transfer of all or any portion of the Premises, or of any
interest in this Contract and shall be governed by the laws of the state of
California.
18. AUDIT COSTS: Developer shall reimburse City for all costs incurred to investigate
and audit Developer's performance of its duties under the Contract if Developer
IS subsequently found to have violated the terms of the Contract.
Reimbursement shall include all direct and indirect expenditures incurred to
conduct the investigation or audit. City may deduct 011 such costs from any
amount due Developer under this Contract.
19. ENTIRE AGREEMENT: This Contract and referenced Attachments and Exhibits
constitutes the entire agreement of the porties and supersedes any previous oral
or written understandings or contracts related to the matters covered herein.
20. MODIFICATION. This Contract may not be modified except by written
amendment executed by each party.
21. ACKNOWLEDGEMENT OF FUNDING: Developer shall identify the City of Chula
Vista as the source of funding, or, if applicable, one of the sources of funding in
public announcements that are made regarding the Project.
Acknowledgement of the City's funding roles, for example, should be included in
publicity materials related to the Project. In addition, Developer agrees that the
NSP Developer Agreement
Page 9 of 11
4-12
City shall be apprised of any special events linked to the Project so that a review
can be made on what role, if any, the City would assume.
22. INSURANCE: Developer agrees to comply with the insurance requirement set
forth in Attachment "s" and/or any additional insurance requirements requested
by the City, as the City deems appropriate. Failure to acquire and maintain the
required insurance is a basis to take an enforcement action, or terminate this
agreement.
23. NO WAIVER: No failure, inaction, neglect or delay by City in exercising any of its
rights under this Contract shall operate as a waiver, forfeiture or abandonment
of such rights or any other rights under this Contract.
24. NOTICE: Any notice or notices required or permitted to be given pursuant to this
Contract shall be personally served by the party giving notice or shall be served
by certified mail. Notices shall be sufficient if personally served on or if sent by
certified mail, postage prepaid, addressed to:
Developer:
San Diego Community Housing Corp.
Chief Executive Officer
6160 Mission Gorge Road., Suite 204
San Diego, CA 92120
city:
City of Chula Vista
Housing Manager
276 Fourth Avenue
Chula Vista, CA 91910
NSP Developer Agreement
Poge 10 of 11
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Ssp 09 09 03:19p
SDCHC
6198764218
p.2
IN WITNESS WHEREOF, the Parties have executed thi contract as of the date first written
above. I
CITY OF CHULA VISTA
James D. SandovaL
City Mcnager. City of Chuta Vista
APPROVED AS TO FORM
Bart Miesfeld
City Attomey
ATTEST
City Clerk
;
'I
SAN DIEGiOMMUNITY HOUSING
~ y-~~/~
t/'!~Rp~e_rt St1 Germain,'
Chief-. Executive Officer
I,
I
J~
I
Attcchment A: Scope of Work
Attochment B: Insurance Requirements
Attachment C: Income Limits
Attachment 0: Disclosure Form
Exhibit 1: Deed of Trust '.
Exhibit 2: Note Secured by Deed of Trust ~
Exhibit 3: Declaration of Covenants, Conditions, and! Restrictions (NSP Program)
r
NSP Developer Agreement
Page 11 0111
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ATTACHMENT "A"
SCOPE OF WORK
SAN DIEGO COMMUNITY HOUSING CORPORATION (DEVELOPER) has a certain project
to be implemented with Neighborhood Stabilization Program (NSP) Community
Development Block Grant (CDBG) Program funds. The work to be accomplished
includes the following:
Developer:
o Shall utilize Neighborhood Stabilization Program (NSP) funding for purchase and
rehabilitation of foreclosed and abandoned properties for use of permanent
rental housing in NSP eligible areas and provide project management and
oversight of services for certain aspects of the NSP, including management and
maintenance of affordable rental properties, hereinafter referred to as
"Project(s)."
o Shall perform a subsidy layering analysis to determine financial feasibility of the
project factoring in affordability period and rent levels as described in the City
NSP Plan.
o Obtain additional financing to finance the acquisition and/or rehabilitation.
o NSP funds will be available for gap financing.
o Submit information of each proposed property to be acquired with NSP funds
for City review and approval prior to acquisition.
o Shall negotiate a discount purchase price (minimum 1% of appraised value) for
certain identified abandoned and/or foreclosed residential properties from
lenders/property owners in accordance with NSP guidelines, and shall perform
due diligence to ensure that all properties acquired have clear marketable title.
o Properties purchased. rehabilitated, and leased under this agreement may only
be used to benefit eligible households earning less than fifty 50% (percent) of
the Area Median Income (AMI) and at Home Investment Partnerships Program
rent levels as defined in 24 CFR Part 92.252{a), (c), (e) and (f). and 92.254, as
defined by the NSP and the City's Annual Funding Plan Amendment.
o The cost of acquisition and/or rehabilitation of properties purchased under the
NSP are eligible expenses under this agreement.
o Shall carry out the Project under this Agreement in accordance with the
guidelines and regulations of the Neighborhood Stabilization Program as
authorized under Title III of Division B of the Housing and Economic Recovery
Act of 2008 (HERA), as amended.
o Shall use the City of Chula Rehabilitation Standards and at a minimum comply
with applicable laws, codes, and other requirements relating to health and
safety, quality, and habitability in order to rent such homes and properties.
o Shall obtain any needed permits from the City of Chula Vista.
o Will competitively bid the rehabilitation and submit a copy of the bid package
and specifications for City review and approval. The project shall be
advertised to solicit the most responsive and responsible bidder. Developer
shall notify potential bidders that this is a federally funded NSP project that
includes local. Federal. and State requirements. The applicable Davis-Bacon
decision rate shall be included in the bid package, if applicable.
o Check the Excluded Parties List to ensure Contractors are not debarred or
NSP Developer Agreement
Attachment "A"
Pagel of 3
4-15
suspended.
. Developer shall incumber the title to the NSP eligible affordable housing
project(s) using the City's Deed of Trust (Exhibit J). Note Secured By Deed of
Trust (Exhibit 2), and Declarations of Covenants, Conditions and Restrictions
(Exhibit 3) to be recorded at time of escrow securing the City's financial and
property interest in the project(s) and affordability period (minimum 55 years).
. With regard to the NSP eligible affordable housing project(s), Developer shall
execute and use, be bound by and abide by the terms of, and cause to be
encumbered the title of property acquired under the Project(s) as stated in the
attached City's Deed of Trust (Exhibit I), Note Secured By Deed of Trust (Exhibit
2), and Declarations of Covenants, Conditions and Restrictions (Exhibit 3) to be
recorded at time of escrow securing the City's financial interest in the project(s)
and affordability period (minimum 55 years). Exhibits I to 3 are hereby
incorporated by reference into this agreement.
Citv:
. The City will provide Developer with a reasonable developer fee (not to exceed
10% of total portfolio of assisted projects), related to NSP-assisted housing
rehabilitation or construction activities, at a level approved by the City.
. The City shall provide Developer with Deed of Trust (Exhibit]), Promissory Note
(Exhibit 2), and Covenant Agreement (Exhibit 3) to be recorded at time of
escrow securing the City's financial interest in the project(s) and affordability
period (minimum 55 years),
. The City shall provide the Voluntary Acquisition form to acquire properties using
NSP funds.
. City shall provide Developer with maps of NSP eligible areas as approved by
the Department of Housing and Urban Development.
. City shall provide technical assistance to Developer to ensure NSP program is
carried out successfully and in compliance with HUD regulations.
The Scope of Services outlined above shall not be altered without written approval of
the City.
Performance Measurement: Create 0 minimum of 4 rental units serving households
earning less than 50% of the Area Medion Income for the City of Chula Vista.
CDBG National Obiective: Very low Income Residents at or below SO (%) Percent
Area Median Income
A TIME SCHEDULE: DEVELOPER will make all good faith and reasonable efforts to
fullfill the project by June 30, 2010, or earlier.
B. BUDGET: DEVELOPER shall make all good faith and reasonable efforts to
complete the work under this Contract within the following budget. In no case
shall DEVELOPER be entitled to, nor shall City reimburse DEVELOPER, more than
10% developer fee and not more than $1,000,000 for work performed under this
Contract.
Attachment "A" - Scope of Work
Page 2 of 3
4-16
In addition to the required quarterly reports identified in Section 12 of this CONTRACT,
the Developer shall document all clients served to ensure that at least'51 percent of
those served are at or below 50 percent of the Area Median Income as established by
the U.S. Department of Housing and Urban Development (HUD). This information is to
be collected and compiled semi-annually and submitted to the City each January 15
and July ] 5 during the afford ability period and shall be submitted to the City of Chula
Vista Development Services Department - Housing Division upon receipt of a written
request and at the time of any monitoring of project records.
Developer shall also submit to the City in a timely manner other reports as
requested/required by HUD and/or the City including, but not limited to
Contractor/Subcontractor: Semi-Annual Labor Standards Enforcement Reports (HUD-
4710), Annual Minority Business Enterprise Activity Reports (HUD-2516), Section 3 Reports
(HUD-60002) and provide, as requested by HUD and/or the City, information necessary
to prepare the Grantee Consolidated Annual Performance and Evaluation Report
(CAPER), Consolidated Plan, Annual Plan and other such reports and/or plans.
Attachment "A" - Scope of Work
Page 3 of 3
4-17
ATTACHMENT "B"
INSURANCE REQUIREMENTS
Controctor/Developer must procure insurance against claims for injuries to persons or damages
to property that may arise from or in connection with the pertormance of the work under the
contract and the results of that work by the Developer/Contractor, his agents, representatives,
employees or subcontractors and provide documentation of same prior to commencemenf or
work. The insurance must be maintained for the duration of the contract.
Minimum Scope at Insurance
Coverage must be at least as broad as:
1. Insurance Services Otfice Commercial General liability coverage [occurrence Form
CG0001)
2. Insurance Services Office Form Number CA 0001 covering Automobile liability, codel (any
auto).
3. Workers' Compensation insurance as required by the State of California and Employer's
Liability Insurance.
Minimum Limits of Insurance
Developer/Contractor must maintain limits no less than:
1. General liability:
[Including operations,
products and completed
operations, as applicable.)
2. Automobile liability:
3. Workers' Compensation
Employer's liability:
$ 1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General liability insurance
with a general aggregate limit is used, either the general
aggregate limit must apply separately to this project/location
or the general aggregate limit must be twice the required
occurrence limit.
$1,000,000 per accident for bodily injury and property damage.
Statutory
$1,000,000 each accidenf
$1,000,000 disease-policy limit
$1,000,000 disease-each employee
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At
the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured
retentions as they pertain to the City, its officers, officials, employees and volunteers; or the
Developer/Contractor will provide a financial guarantee satisfactory to the City guaranteeing
payment of losses and related investigations, claim administration, and defense expenses.
Other Insurance Provisions
The general liability, automobile liability, and where appropriate, the worker's compensation
policies are to contain, or be endorsed to contain, the following provisions:
1. The City at Chula Vista, its officers, officials, employees, agents, and volunteers are to
be named as additional insureds with respect to liability arising out of automobiles
owned, leased, hired or borrowed by or on behalf of the Developer/contractor, where
applicable, and, with respect to liability arising out of work or operations performed by
or on behalf of the Developer/contractor including providing materials, parts or
equipment furnished in connection with such work or operations. The general liability
additional insured coverage must be provided in the form at an endorsement to the
Attachment "B" -Insurance Requirements
Page 1 of 2
4-18
Deve/oper's/contractor's insurance using ISO CG 2010 (11/85) or its equivalent.
Specifically, the endorsement must not exclude Products / Completed Operations
coverage.
2.
The Developer's/contractor's insurance coverage must be primary insurance as it
pertains to the City. its officers. officials. employees, agents, and volunteers. Any
insurance or self-insurance maintained by the City. its officers. officials, employees. or
volunteers is wholly separate from the insurance of the Developer/contractor and in no
way relieves the Developer/contractor from its responsibility to provide insurance.
:1
!
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3.
Each insurance policy required by this clause must be endorsed to state that coverage
will not be canceled by either party, except after thirty (30) days' prior written notice to
the City by certified mail. return receipt requested.
4. Coverage shall not extend to any indemnity coverage for the active negligence of the
additional insured in any case where an agreement to indemnify the additional insured
would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
S. Developers/Contractor's insurer will provide a Waiver of Subrogation in favor of the City
tor each required policy providing coverage during the life of this contract.
Acceptability of Insurers
Insuronce is to be placed with licensed insurers odmitted to transact business in the State of
California with a current A.M. Best's rating of no less than A V. If insurance is placed with a
surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best's rating of no less than A X. Exception may be made for
the State Compensation Fund when not specifically rated.
Veritication ot Coverage
Developer/Contractor shall turnish the City with original certificates and amendatory
endorsements effecting coverage required by this clause. The endorsements should be on
insurance industry forms. provided those endorsements conform to the contract requirements.
All certificates and endorsements are to be received and approved by the City before work
commences. The City reserves the right to require, at any time. complete. certified copies of
all required insurance policies. including endorsements evidencing the coverage required by
these specifications.
Subcontractors
Developer/Contractor must include all subcontractors as insureds under its policies or furnish
seporate certificates and endorsements for each subcontractor. All' coverage for
subcontractors are subject to all of the requirements included in these specifications.
Attachment "8" -Insurance Requirements
Page 2 of 3
4-19
Bonding Requirements
Prior to commencement of rehabilitation, Developer shall fiie with the City on the
approved forms, the surety bonds in the amounts and for the purposes noted below,
The surety must posses a minimum rating from A,M. Best Company of A-VIi. and be
listed as an acceptable surety on federal bonds by the United States Department of
the Treasury. Developer shall pay all premiums and costs thereof and incidental
thereto, as security for payment of persons named in California Civil Code Section
3181 or amounts due under Unemployment Insurance Code with respect to Work or
Labor performed by any such claimant. All alterations, time extensions, extra and
additional work, and other changes authorized by the Specifications, or any part of
the Contract. may be made without securing consent of the surety or sureties on the
contract bonds. Each bond shall be signed by both Developer and the sureties.
Should any surety or sureties be deemed unsatisfactory at any time by the City, notice
will be given Developer to that effect. and Developer shall forthwith substitute a new
surety or sureties satisfactory to the Developer. No further payment shall be deemed
due or will be made under the Contract untii the new sureties qualify and are
accepted by the City.
i. A bid guarantee from each bidder equivalent to five percent of
the bid price. The "bid guarantee" shall consist of a firm
commitment such as a bid bond, certified check, or other
negotiable instrument accompanying a bid as assurance that the
bidder will, upon acceptance of his bid, execute such
contractual documents as may be required within the time
specified.
ii. A performance bond on the part of the developer for 100
percent of the contract price, as determined from the prices in
the bid form, and shail insure the faithful performance by
developer of all work under the Contract. It shall also insure the
replacing of, or making acceptable, any defective materials or
faulty workmanship.
iii. A payment bond on the part of the contractor for 100 percent
of the contract price, as determined from the prices in the bid
form, and shall inure to the benefit of persons performing labor or
furnishing materials in connection with the work of the proposed
Contract, This bond shall be maintained in full force and effect
until all work under the Contract is completed and accepted by
the City, and until all claims for materials and labor have been
paid.
Attachment "B" -Insurance Requirements
Page 3 of 3
4-20
ATTACHMENT "C"
2009 San Diego Income Limits
Median Income: $74,900
E;>::tremely Very
Low Income Low Income Law Income
- Famil, 30% 350/0 40% I 50~/o 60% I 65% 70% 80%
Siu Income lnc-orne Income Income Income Income Ine-orne Income
Or..-~ $17.350 520.250 523.150 $:8.900 $34.680 537.600 $40.450 $46.250
TWO $19.850 $23.100 $26.450 $33.050 $39.660 $42.950 $46250 $52.900
THREE $22.300 $:6.000 $29,750 $37,150 $44.580 $48.350 $52.000 $59,500
FOUR $24.800 $28.900 533,050 $41.300 $49.560 $53.700 $57.800 $66.100
F1\ 'E $26.800' $31.200 $35.700 $44.600 $53520 S58.000 $62.400 $71.400
SLX $28.750 $33.500 S38.350 $47.900 $57,480 S62.300 S67,050 $76,700
SEvD:" 530.750 $35.850 S4[,000 $51.100 $61.440 S66.600 $7 [,650 $81,950
EIGfIT $32.750 S38.150 S43.650 $54.500 $65.400 $70.900 $76.300 $87."50
*Income limits 80% and Below are Based on HUD Formula Income Limits Adjusted for High Housing Cost
Area
Attachment "C" -Income Limits
Page I of I
4-21
~\II?-
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<:me<
CHUlA VISTA
Disclosure Siatement***
Pursuant to Council Policy] 0 1-0 j, 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
ownerships, financial interests, payments, or campaign contributions must be filed. The following information
must be disclosed:
1. List the names of all persons having a financial interest in the project that is the subject of the
application or the contract (e.g., owner, applicant, contractor, subcontractor, material
supplier).
N/A
2. If any person' identified in section 1. above is a corporation or partnership, list the names of
all individuals with an investment of $2000 or more in the business (corporation/partnership)
entity.
N/ A
3. If any person' identified in section I. above is a non-profit organization or trust, list the
names of any person serving as director of the non-profit organization or as trustee or
beneficiary or trustor of the trust.
N/A
4. Please identify every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
ROBERT P. ITO
CONSULTANT
VP ACQUISITION/PROJECT
BOBBY SAITO
5. Has any person' identified in I., 2., 3., or 4., above, or otherwise associated with this
contract, project or application, had any financial dealings with an official" of the City of
Chula Vista as it relates to this contract, project or application within the past 12 months?
Yes_ No~
276 Fourth A venue
Chula Vista
California I 91910
(619) 585-5722
4-22
..:,}\~
'Ii'-
C11YOf
CHULA VISTA
Disclosure Statement"*"
If Yes, briefly describe the nature of the financial interest the official"' may have in this
contract.
6. Has any person" anyone identified in 1.,2.,3., or 4., above, or'otherwise associated with this
contract, project or application, made a contribution of more than $250 within the past twelve
(12) months to a current member of the Chula Vista City Council? No~ Yes_ If yes,
which Council member?
7. Has any person' identified in 1., 2., 3., or 4., above, or otherwise associated with this
contract, project or application provided more than $420 (or an item of equivalent value) to
an official" of the City of Chula Vista in the past twelve (12) months? (This includes being
a source of income, money to retire a legal debt, gif~ loan, etc.) Yes No~
If Yes, which official*' and what was the nature of item provided?
8. Has any person* identified in 1., 2., 3., or 4., above, or otherwise associated with this
contract, project or application, been a source of income of $500 or more to an official*' of
the City ofChula Vista in the past twelve (12) months? Yes No~
If Yes, identify the official'" and the nature of the income provided?
Date:
Si20/09
o
il. --7 , ---::- /)
.' ./(//~....../7 -:>"?~~
(~ign~Df Contractor/ Applicant .
J. ROBERT ST. GERMAIN
Print or type name of Contractor/Applicant
.
Person is defined as: any individual, finn, co-partnership, joint venture, tlssociation, social dub, 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 lill}ited to: Mayor, Council member, Planning
commission, or committee of the City, and City employees or staff members.
Commissioner, Member of a board,
...
This Disclosure Statement must be completed at the time the project application, or contract, is submitted to Cit)' staff for
processing, and updated within one week prior to consideration by the legislative body.
Last Updated: June 19, 2009
276 Fourth Avenue
Chu la Vista
California I 91910
(619) 585-5722
4-23
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY MANAGER TO
EXECUTE A..NY DOClJMENTS WITH SAi'J DIEGO
COMMUNITY HOUSING CORPORATION NECESSARY
FOR THE IMPLEMENTATION OF THE DEPARTMENT OF
HOUSING AND UREA..1\! DEVELOPMENT
NEIGHBORHOOD STABILIZATION PROGRAM
WHEREAS, the City of Chula Vista will receive $2,830,072 of which $1,000,000 is
earmarked for the creation of permanent rental housing for very low-income households under
the Neighborhood Srabilization Program (NSP); and
WHEREAS, in January, 2009, HUD approved the City's Amended 2008-2009 Annual
Action Plan containing the proposed activities to be funded with NSP funds, including the
Acquisition and Rehabilitation of Foreclosed or Abandoned Property for the creation of
permanent rental housing for very low-income households; and
WHEREAS, the City issued a Request for Qualifications on April 24, 2009 and
received five (5) applications from various agencies to partner with the City to utilize
Neighborhood Stabilization Program funds in accordance with the City's NSP Plan for the
creation of Permanent Rental Housing for very low-income households; and
WHEREAS, San Diego Community Housing Corporation was selected by the selection
committee as best suiled to carry out this activity; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista approves the agreement between the City and San Diego Community Housing Corporation
to provide permanent rental housing for low income-households within NSP eligible target areas
and authorizes the City Manager to execute documents necessary to secure the City's fmancial
and property interest. A copy of the aforementioned Memorandum of Agreement is on file with
the Office of the City Clerk.
Presented by:
Approved as to form by:
.~;;~
James D. Sandoval
City Manager
Bart C. Miesfeld
City Attorney
4-24
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORlVI BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~/X
Bart C. Miesfeld
City Attorney
Dated:
q / q 101
{ I
Agreement between the San Diego Community Housing Corporation and
The City of Chula Vista
for Management and Implementation of
A Neighborhood Stabilization Program Project
4-25
~(f?
~-
0lY OF
CHUlA VISTA
AGREEMENT
BY AND BETWEEN THE
CITY OF CHUlA VISTA
AND
SAN DIEGO COMMUNITY HOUSING CORPORATION
FOR MANAGEMENT AND IMPLEMENTATION OF
A NEIGHBORHOOD STABILIZATION PROGRAM
This Contract Number by and between San Diego Community Housing
Corporation (hereinafter referred to as "Developer") and the City of Chula Visto
(hereinafter referred to as "City") is effective on ("Effective Date").
WITNESSETH:
WHEREAS, the Neighborhood Stabilization Program (NSP), authorized under Title III
of Division B of the Housing and Economic Recovery Act of 2008 (HERA), is a special
allocation of Community Development Block Grant (CDBG) funds targeted at
acquisition, rehabilitation of foreclosed and abandoned properties in eligible
neighborhoods; and
WHEREAS, the Department of Housing and Urban Development described
regulatory requirements in Federal Register Notice (FR-5255-N-Ol) dated October 6,
2008, and amended such requirements by Federal Register Notice (FR-5255-N-02)
Notice of Allocations, Application Procedures, Regulatory Waivers Granted to and
Alternative Requirements for Emergency Assistance for Redevelopment of Abandoned
and Foreclosed Homes Grantees under the Housing and Economic Recovery Act, 2008;
and
WHEREAS, the City, is authorized to apply for and accept Neighborhood
Stabilization Program Grant funds; and
WHEREAS, City incorporated the use of Neighborhood Stabilization Program
funds described in Attachment "A" hereof (hereinafter referred to as the "Project") into
the City's Community Development Block Grant/HOME Investment
Partnership/Emergency Shelter Grant Annual Funding Plan Amendment which was
submitted to the U.S. Department of Housing and Urban Development (HUD); and
WHEREAS, HUD has opproved the City Annual Funding Plan Amendment for the
Neighborhood Stabilization Program; and
WHEREAS, Neighborhood Stabilization Program funds are generally construed as
CDBG program funds, subject to CDBG program requirements (unless superseded by
HERA) and is considered a speciol allocation of Fiscal Year (FY) 2008 CDBG funding;
and,
4 26
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Pr.,-,ol r.f ')('1
1
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WHEREAS, it is the desire of the Developer and the City that the Project be
implemented by the Developer; and
WHEREAS, the Developer shall undertake the same obligations to the City with
respect to the Project in the City's aforesaid Amendment to the Annual Funding Plan for
participation in the Neighborhood Stabilization Program;
NOW THEREFORE, IT IS AGREED AS FOLLOWS;
1, WORK TO BE PERFORMED: Developer shall implement the scope of work ("Scope
of Work") described in Attachment A, hereof fully and in accordance with the
terms of the Annual Funding Plan Amendment approved by the City and
submitted to HUD in application for NSP funds to carry out the Project and the
Certifications which were submitted concurrently with the Annual Funding Plan
Amendment. The Annual Funding Plan and Certifications form is hereby
incorporated by reference into this contract fully as if set forth herein.
Developer shall also undertake the same obligations to the City that the City has
undertaken to HUD pursuant to said Annual Funding Plan Amendment and
Certifications. The obligations undertaken by Developer include, but are not
limited to, the obligation as applicable comply with each of the following as
may be amended from time to time and be amended for specific
Neighborhood Stabilization Program activities described in Federal Register
Notices FR-5255-N-01 and FR-5255-N-02:
a. HERA alternative requirements to provisions under Title I of the Housing and
Community Development Act of 1974 (Public Law 93-383, as amended, 42
USC S 5301, et seq.), as amended, except for requirements related to fair
housing, nondiscrimination, labor standards, and the environmental
(including lead-based paint), in accordance with the terms of section 2301
of HERA and for the sole purpose of expending the use of grant funds;
b. HUD regulations relating to Community Development Block Grants [24 CFR
570.1, et seq.) unless superseded by HERA;
c. The regulations in 24 CFR Part 58 specifying other provisions of the law that
further the purposes of the National Environmental Policy Act of 1969 and the
procedures by which grantees must fulfill their environmental responsibilities;
d. Title VI of the Civil Rights Act of 1964 (42 USC S 2000d); Title VII of the Civil
Rights Act of 1964 (Public Law 88-352); Title VIII of the Civil Rights Act of 1968
(Fair Housing Act. 42 USC S 3601, et seq.); Section 109 of the Housing and
Community Development Act of 1974; Executive Order 11246, as amended
(equal employment opportunity); Executive Order 11063 (non-discrimination),
as amended by Executive Order 12259; and any HUD regulations heretofore
issued or to be issued to implement these authorities relating to civil rights;
e. Section 3 of the Housing and Urban Development Act of 1968, as amended,
12 USe. 1701 u.
4 27
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All section 3 covered contracts shall include the following clause (referred to
as the "section 3 clause"):
i. The work to be performed under this contract is subject to the
requirements of section 3 of the Housing and Urban Development Act of
1968, as amended, 12 USe. 1701 u (section 3). The purpose of section 3 is
to ensure that employment and other economic opportunities generated
by HUD assistance or HUD-assisted projects covered by section 3, shall. to
the greatest extent feasible, be directed to low- and very low-income
persons, particularly persons who are recipients of HUD assistance for
housing.
ii. The parties to this contract agree to comply with HUD's regulations in 24
CFR part 135, which implement section 3. As evidenced by their
execution of this contract. the parties to this contract certify that they are
under no contractual or other impediment that would prevent them from
complying with the part 135 regulations.
III. The Developer agrees to send to each labor organization or
representative of workers with which the Developer has a collective
bargaining agreement or other understanding, if any, a notice advising
the labor organization or workers' representative of the Developer's
commitments under this section 3 clause, and will post copies of the
notice in conspicuous places at the work site where both employees and
applicants for training and employment positions can see the notice. The
notice shall describe the section 3 preference, shall set forth minimum
number and job titles subject to hire, availability of apprenticeship and
training positions, the qualifications for each; and the name and location
of the person(s) taking applications for each of the positions; and the
anticipated date the work shall begin.
iv. The Developer agrees to include this section 3 clause in every
subcontract subject to compliance with regulations in 24 CFR part 135,
and agrees to take appropriate action, as provided in an applicable
provision of the subcontract or in this section 3 clause, upon a finding that
the sub-contractor is in violation of the regulations in 24 CFR part 135. The
Developer will not subcontract with any sub-contractor where the
Developer has notice or knowledge that the sub contractor has been
found in violation of the regulations in 24 CFR part 135.
v, The Developer will certify that any vacant employment positions,
including training positions, that are filled [1) after the Developer is
selected but before the contract is executed, and [2) with persons other
than those to whom the regulations of 24 CFR part 135 require
employment opportunities to be directed, were not filled to circumvent
the Developer's obligations under 24 CFR part 135.
vi. Noncompliance with HUD's regulations in 24 CFR part 135 may result in
sanctions, termination of this contract for default, and debarment or
suspension from future HUD assisted contracts.
vii. With respect to work performed in connection with section 3 covered
Indian housing assistance, section 7(b) of the Indian Self-Determination
and Education Assistance Act (25 USe. 450e) also applies to the work to
be performed under this contract. Section 7(b) requires that to the
greatest extent feasible [i) preference and opportunities for training and
employment shall be given to Indians, and (ii) preference in the award of
contracts and subcontracts shall be given to Indian organizations and
4 28
~Il"'n "_.._1____ A _____~~~
O...................-:l......f 11
Indian-owned Economic Enterprises. Parties to this contract. that are
subject to the provisions of section 3 and section 7(b) agree to comply
with section 3 to the maximum extent feasible, but not in derogation of
compliance with section 7(b).
f. The Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1979, 42 USC S 4601, et seq., and regulations adopted to implement that
Act in 49 CFR Part 24; except as those provisions are modified by the Notice
for the NSP Program published by HUD.
g. Office of Management and Budget ("OMB") Circular A-122 entitled "Cost
Principles for Non-Profit Organizations"; OMB Circular A-133 entitled "Audits of
states, Local Governments, and Non-Profit Organizations"; and OMB Circular
A-110 entitled "Uniform Administrative Requirement for Grants and
Agreements with Institutions of Higher Education, Hospitals, and Other Non-
Profit Organizations."
h. Grant administration requirements as described in 24 CFR 570.504 and CDBG
program income requirements at 24 CFR Part 570.500(0) shall apply to the
amounts received by the City. Developer shall equally share any net
operating income earned (i.e. residual receipts) by Developer in carrying out
the activities of this Contract with the City. Residual Receipts and Program
Income must be used for a NSP eligible activity. Upon expiration of this
Contract, Developer shall transfer to the City any Neighborhood Stabilization
Community Development Block Grant funds on hand at the time of
expiration and any accounts receivable attributable to the use of
Neighborhood Stabilization Community Development Block Grant funds.
Any real property under Developer's control acquired or improved in whole
or in part with Community Development Block Grant funds will be used to
meet one of the Neighborhood Stabilization Program National Objectives, as
defined in 24 CFR 570.208, and outlined in the City of Chula Vista Annual
Funding Plan Amendment (i.e. NSP Plan);
i. 24 CFR 570.505 concerning use of real property;
j. The following laws and regulations relating to preservation of historic places:
National Historic Preservation Act of 1966 (Public Law 89-665); the Historical
and Archaeological Preservation Act of 1974 (Public Law 93-291); and
Executive Order 11593;
k. The Labor Standards Regulations set forth in 24 CFR 570.603;
I. Labor Code section 1771 concerning prevailing wages;
m. The Hatch Act relating to the conduct of political activities (5 u.s.e. 9 1501,
etseq.);
n. The Flood Disaster Protection Act of 1973 (42 U.S.e. S 4001, et seq., and the
implementing regulations in 44 CFR Parts 59-78);
o. The Rehabilitation Act of 1973 (Public Law 93-112) as amended, including
4 29
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Section 504 which relates to nondiscrimination in federal programs and HUD
24 CFR Part 8;
p. The Clean Air Act (42 U.s.e. ~ 7401, et seq.) and the Federal Water Pollution
Control Act, as amended (33 U.s.e. ~ 1251, et seq.) and the regulations
adopted pursuant thereto (40 CFR Part 6);
q. The Drug-Free Workplace Act of 1988 (Public Law 100-690);
r. The Lead-Based Paint Poisoning Prevention Act. the Residential Lead-Based
Paint Hazard Reduction Act of 1992, and implementing regulations at 24 CFR
Part 35;
s. No member, officer or employee of the Developer, or its designee or agents.
no member of the governing body of the locality in which the program is
situated, and no other public official of such locality or localities who
exercises any functions or responsibilities with respect to the program during
his/her tenure or for one year thereafter, shall have any interest. direct. or
indirect, in any contract or subcontract, or the process thereof, for work to be
performed in connection with the program assisted under the Grant, and
that it shall incorporate, or cause to be incorporated, in all such contracts or
subcontracts a provision prohibiting such interest pursuant to the purposes of
this certification.
t. The Developer certifies, that in accordance with Section 319 of Public Law
101-121, to the best of his or her knowledge and belief that:
I. No federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting to
influence an officer or employee of any agency, a member of Congress,
an officer or employee of Congress, in connection with the awarding of
any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative contract, and the
extension, continuation. renewals, amendment. or modifications of any
federal contract, grant loan, or cooperative contract.
II. If any funds other than federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, or an
employee of a member of Congress in connection with this federal
contract, grant, loan, or cooperative contract, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions.
u. The Architectural Barriers Act of 1968 (42 U.s.e. ~ 4151, ef seq.);
v. The Americans with Disabilities Act (42 U.s.e. ~ 12101); and
w. The bonding requirements described in 24 CFR Part 85.36 required for
construction or facility improvement contracts or subcontracts that exceed
the simplified acquisition threshold (defined at 41 U.s.e. 403(11)). These
requirements are further described in Attachment A. which is attached
~ gO
D...........r:>.c.: ",f 1 1
hereto and incorporated by reference.
x. Developer shall hold City harmless and indemnify City against any harm that
it may suffer with respect to HUD on account of any failure on the part of the
Developer to comply with the requirements of any such obligation.
2. COMPLIANCE WITH LAWS: Developer shall comply with all applicable local,
state, and federal laws, regulations, ordinances, and City Policies when
performing the work required by this Contract.
3. COMPENSATION:. City shall reimburse Developer up to 10% for a developer fee
for the portfolio of projects (rental units) assistance and with reasonable gap
financing expenses it incurs for work performed under this Contract. Total
reimbursement (developer fee and gap financing) shall not exceed $1.000.000.
Developer shall not submit claims to the City nor shall City reimburse Developer
for costs for which Developer is reimbursed from a source other than the funds
allocated for work under this Contract.
4. COMPENSATION SCHEDULE: City shall pay Developer monthly progress
payments upon submittal by Developer of a certified statement of actual
expenditures incurred, provided, however, that not more than 90% of the total
agreed compensation will be paid during the performance of this Contract. The
balance due shall be paid upon certification by Developer that all of the
required services have been completed. Payment by City is not to be construed
as final in the event HUD disallows reimbursement for the project or any portion
thereof. The 10% retention will not apply to acquisition or service contracts.
5. INDIRECT COSTS: If indirect costs are charged, the Developer will develop an
indirect cost allocation plan for determining the appropriate Developer's share
of administrative costs and shall submit such plan to the City for approval.
6. EXPENDITURE STANDARD: To insure effective administration and performance of
approved Neighborhood Stabilization Program projects and to meet HUD
performance standards, Developer shall demonstrate reasonable progress on
implementation of the project, expending all contracted funds within the term of
the contract. In the event all funds are not expended within the term period, the
City shall notify the Developer of the expenditure deficiency. Developer will
have a total of 30 days from the date of the City's written notification to correct
the deficiency. If the deficiency is not corrected within that time, Developer
agrees that the City may reallocate the amount of the expenditure deficiency.
7. TERM: This contract shall commence when executed by the parties and shall
continue in effect until terminated as provided herein or until Developer has
carried out all its obligations under the contract. Services of the Developer shall
start on the ]', day of September 2009 and end on the 30th day of June of 2010.
With City approval, the term of this Agreement and the provisions herein shall be
extended to cover any additional time period during which the Developer
remains in control of NSP/CDBG funds or other NSP/CDBG assets, including
program income.
8. TERMINATION FOR CONVENIENCE: The City may permit the agreement to be
4 31
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terminated for convenience in accordance with 24 CFR 85.44.
9. AUTOMATIC TERMINATION: This Contract sholl terminate at the discretion of the
City if the United States Government terminates the Neighborhood Stabilization
Community Development Block Grant Program or terminates the Project that is
the subject of this Contract.
10. TERMINATION OF CONTRACT FOR CAUSE: Developer and City recognize that the
City is the governmental entity which executed the grant agreement received
pursuant to the City's application and that City is responsible for the proper
performance of the Project. If Developer foils to fulfill in a timely and proper
manner its obligations under this Contract to undertake, conduct or perform the
Project identified in this Contract, or if Developer violates any state laws or
regulations or local ordinances or regulations applicable to implementation of
the Project, or if Developer violates any provisions of this contract, City sholl have
the right to terminate this contract by giving at least five days written notice to
Developer of the effective date of termination.
Even if City terminates the Contract, Developer shall remain liable to City for 011
damages sustained by City due to Developer's failure to fulfill any provisions of
this Contract, and City may withhold any reimbursement payments form
Developer for the purpose of set-off until the exact amount of damages due to
City from Developer is determined. Developer hereby expressly waives any and
all claims for damages for compensation arising under this contract except os
set forth in this section in the event of such termination. The City may also, in lieu
of termination and at its discretion, take any action, os stated in 24 CFR 85.43,
subdivision [a), sections 1 to 5, to enforce this Agreement.
11. CONTRACT ADMINISTRATION: The Housina Manaaer of the City of Chula Vista
shall administer this Contract on behalf of the City. The Chief Executive Officer of
the San Dieao Community Housina Comoration shall administer this contract on
behalf of the Developer. Within 0 reasonable time after the City makes a
request, Developer shall give the City progress reports or other documentation as
required by the City's Administrator to audit Developer's performance of this
Contract.
12. RECORDS AND REPORTS: The Developer sholl maintain records and make such
reports as required by the City of Chula Vista to, but not limited to, enable the
City to analyze Developer's project. All records of the Developer related to this
Contract or work performed under the Contract shall be open and availoble for
inspection by HUD and/or City monitors and auditors during normal business
hours.
13. RETENTION: The Developer sholl retain all financial records, supporting
documents, statistical records, and 011 other records pertinent to the Agreement
for a period of five (5) years. The retention period begins on the dote of the
submission of the Grantee's annual performance and evaluation report to HUD
in which the activities assisted under the Agreement are reported on for the final
time. Notwithstanding the above, if there is litigation, claims, audits, negotiations
or other actions that involve any of the records cited and that have started
before the expiration of the five-year period, then such records must be retained
4 82
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P,..,,..,.o7,....,f 11
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I
until completion of the actions and resolution of all issues, or the expiration of the
five-year period, whichever occurs later.
14. DATA: The Developer shall maintain data demonstrating eligibility [low-
moderate locations) for services provided. Such data shall include, but not be
limited to exact location of the work performed, and a description of service
provided. Such information shall be made available to City monitors or their
designees for review upon request.
I
15. DISCLOSURE: The Developer understands that client information collected
under this contract is private and the use or disclosure of such information, when
not directly connected with the administration of the City's or Developer's
responsibilities with respect to services provided under this contract, is prohibited
by the state of Federal law privacy laws unless written consent is obtained from
such person receiving service and, in the case of a minor, that of a responsible
parent/guardian.
16. QUARTERLY REPORTS/ANNUAL REPORT: Developer shall provide the City with a
quarterly report, submitted no later than 15 days after the last day of the
previous quarter, which includes a narrative of the services provided, progress
towards meeting the timeline goals stated in the contract, and an itemized
accounting of the expenditures of CDBG funds during the previous quarter.
Failure to submit quarterly reports in a timely manner will result in withholding of
CDBG funds until the report has been submitted. Quarterly Performance Reports
are due October 15 (]st Quarter), January 15 (2nd Quarter), April 15, (3,d Quarter)
and July 15 (4th Quarter). The Annual Performance Report will also be due July
15.
17. INDEMNIFICATION: City shall not be liable for, and Developer shall defend,
indemnify, and hold the City, its officers, agents, employees and volunteers
harmless from and against any and all claims, deductibles, self-insured retentions,
demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor
disputes, losses, damages, expenses, charges or costs of any kind or character,
including attorneys' fees and court costs by this Contract arising either directly or
indirectly from any act, error, omission or negligence of Developer or its officers,
employees, agents, Developers, licensees or servants, contractors or
subcontractors, including without limitation, claims caused by the concurrent
act, error, omission or negligence, whether active or passive, of City, and/or its
agents, officers, employees or volunteers. However, Developer shall have no
obligation to defend or indemnify City from a claim if it is determined by a court
of competent jurisdiction that such claim was caused by the sole negligence or
willful misconduct of City or its agents or employees.
Developer and its successors, assigns, and guarantors, if any, jointly and severally
agree to indemnify, defend (with counsel selected by City) reimburse and hold
City and its officers, employees and agents harmless from any claims,
judgments, damages, penalties, fines, costs, liabilities (including sums paid in
settlement of claims) or loss, including attorneys' fees, consultant's fees, and
experts' fees which arise during or after the contract term for any losses incurred
in connection with investigation of site conditions, or any cleanup, remedial,
removal or restoration work required by any hazardous materials laws because
4 33
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D/""l,.....,oQ nf 11
of the presence of hazardous materials, in the soil, ground water or soil vapors on
the premises, and the release or discharge of hazardous materials by Developer
during the course of any alteration or improvements of the Premises by
Developer, unless hazardous materials are present solely as a result of the gross
negligence or willful misconduct of City, its officers, employees or agents. The
indemnification provided by this section shall also specifically cover costs
incurred in responding to:
a. Hazardous materials present or suspected to be present in the soil, ground
water to or under the Property before the commencement date;
b. Hazardous materials that migrate, flow, percolate, diffuse, or in any way
move on to or under the Property following the commencement date;
c. Hazardous materials present on or under the Property as a result of any
discharge, release, dumping, spilling (accidental or otherwise), onto the
Property during or after the term of this Contract by any person, corporation,
partnership or entity other than City.
Funding from this program is a result of a Federal Grant, should Federal funding
be terminated for any reason, City is not liable for any consequence of any type
resulting directly or indirectly from the termination of federal funding and
Developer agrees, in addition to any other indemnification provision set forth in
this agreement. to indemnify, hold harmless, and defend the City against any
claim, cause of action, or any form of liability as a result of, directly or indirectly,
funding termination.
The foregoing indemnities shall survive the expiration or termination of the
contract any or any transfer of all or any portion of the Premises, or of any
interest in this Contract and shall be governed by the laws of the state of
California.
18. AUDIT COSTS: Developer shall reimburse City for all costs incurred to investigate
and audit Developer's performance of its duties under the Contract if Developer
is subsequently found to have violated the terms of the Contract.
Reimbursement shall include all direct and indirect expenditures incurred to
conduct the investigation or audit. City may deduct all such costs from any
amount due Developer under this Contract.
19. ENTIRE AGREEMENT: This Contract and referenced Attachments and Exhibits
constitutes the entire agreement of the parties and supersedes any previous oral
or written understandings or contracts related to the matters covered herein.
20. MODIFICATION. This Contract may not be modified except by written
amendment executed by each party.
21. ACKNOWLEDGEMENT OF FUNDING: Developer shall identify the City of Chula
Vista as the source of funding, or, if applicable, one of the sources of funding in
public announcements that are made regarding the Project.
Acknowledgement of the City's funding roles, for example, should be included in
publicity materials related to the Project. In addition, Developer agrees that the
4 34
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I
City shall be apprised of any special events linked to the Project so that a review
can be made on what role, if any, the City would assume.
22. INSURANCE: Developer agrees to comply with the insurance requirement set
forth in Attachment "B" and/or any additional insurance requirements requested
by the City, as the City deems appropriate. Failure to acquire and maintain the
required insurance is a basis to take an enforcement action, or terminate this
agreement.
23. NO WAIVER: No failure, inaction, neglect or delay by City in exercising any of its
rights under this Contract shall operate as a waiver, forfeiture or abandonment
of such rights or any other rights under this Contract.
24. NOTICE: Any notice or notices required or permitted to be given pursuant to this
Contract shall be personally served by the party giving notice or shall be served
by certified mail. Notices shall be sufficient if personally served on or if sent by
certified mail. postage prepaid, addressed to:
Developer:
San Diego Community Housing Corp.
Chief Executive Officer
6160 Mission Gorge Road.. Suite 204
San Diego, CA 92120
City:
City of Chula Vista
Housing Manager
276 Fourth Avenue
Chula Vista, CA 91910
IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written
above.
CITY OF CHULA VISTA
James D. Sandoval,
City Manager, City of Chula Vista
APPROVED AS TO FORM
Bart Miesfeld
City Attorney
ArrEST
City Clerk
-4 ::JS
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0............=1" ""f 11
IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written
above.
CITY OF CHULA VISTA
James D. Sandoval,
City Manager, City of Chula Vista
APPROVED AS TO FORM
Bart Miesfeld
City Attorney
ATTEST
City Clerk
SAN DIEGO COMMUNITY HOUSING
CORPORATION
Attac;hment A: Scope of Work
Attachment B: Insurance Requirements
Attachment C: Income Limits
Attachment 0: Disclosure Form
Exhibit I: Deed of Trust
Exhibit 2: Note Secured by Deed of Trust
Exhibit 3: Declaration of Covenants, Conditions, and Restrictions (NSP Program)
NSP Developer Agreement
Page II at 11
4-36
ATTACHMENT "A"
SCOPE OF WORK
SAN DIEGO COMMUNITY HOUSING CORPORATION (DEVELOPER) has a certain project
to be implemented with Neighborhood Stabilization Program (NSP) Community
Development Block Grant (CDBG) Program funds. The work to be accomplished
includes the following:
Developer:
. Shall utilize Neighborhood Stabilization Program (NSP) funding for purchase and
rehabilitation of foreclosed and abandoned properties for use of permanent
rental housing in NSP eligible areas and provide project management and
oversight of services for certain aspects of the NSP, including management and
maintenance of affordable rental properties, hereinafter referred to as
"Projectls)."
. Shall perform a subsidy layering analysis to determine financial feasibility of the
project factoring in affordability period and rent levels as described in the City
NSP Plan.
. Obtain additional financing to finance the acquisition and/or rehabilitation.
. NSP funds will be available for gap financing.
. Submit information of each proposed property to be acquired with NSP funds
for City review and approval prior to acquisition.
. Shall negotiate a discount purchase price (minimum 1% of appraised value) for
certain identified abandoned and/or foreclosed residential properties from
lenders/property owners in accordance with NSP guidelines, and shall perform
due diligence to ensure that all properties acquired have clear marketable title.
. Properties purchased, rehabilitated, and leased under this agreement may only
be used to benefit eligible households earning less than fifty 50% (percent) of
the Area Median Income (AMI) and at Horne Investment Partnerships Program
rent levels as defined in 24 CFR Part 92.252(0), Ic), (e) and If), and 92.254, as
defined by the NSP and the City's Annual Funding Plan Amendment.
. The cost of acquisition and/or rehabilitation of properties purchased under the
NSP are eligible expenses under this agreement.
. Shall carry out the Project under this Agreement in accordance with the
guidelines and regulations of the Neighborhood Stabilization Program as
authorized under Title III of Division B of the Housing and Economic Recovery
Act of 2008 (HERA), as amended.
. Shall use the City of Chula Rehabilitation Standards and at a minimum comply
with applicable laws, codes, and other requirements relating to health and
safety, quality, and habitability in order to rent such homes and properties.
. Shall obtain any needed permits from the City of Chula Vista.
. Will competitively bid the rehabilitation and submit a copy of the bid package
and specifications for City review and approval. The project shall be
advertised to solicit the most responsive and responsible bidder. Developer
shall notify potential bidders that this is a federally funded NSP project that
includes local, FederaL and State requirements. The applicable Davis-Bacon
decision rate shall be included in the bid package, if applicable.
. Check the Excluded Parties List to ensure Contractors are not debarred or
NSP Developer Agreement
4-37
Attachment "A"
Page 1 of 20
suspended.
. Developer shall incumber the title to the NSP eligible affordable housing
project(s) using the City's Deed of Trust (Exhibit 1), Note Secured By Deed of
Trust (Exhibit 2), and Declarations of Covenants, Conditions and Restrictions
(Exhibit 3) to be recorded at time of escrow securing the City's financial and
property interest in the project(s) and affordability period (minimum 55 years).
. With regard to the NSP eligible affordable housing project(s), Developer shall
execute and use, be bound by and abide by the terms of, and cause to be
encumbered the title of property acquired under the Project(s) as stated in the
attached City's Deed of Trust (Exhibit 1), Note Secured By Deed of Trust (Exhibit
2), and Declarations of Covenants, Conditions and Restrictions (Exhibit 3) to be
recorded at time of escrow securing the City's financial interest in the project(s)
and affordability period (minimum 55 years). Exhibits 1,to 3 are hereby
incorporated by reference into this agreement.
City:
. The City will provide Developer with a reasonable developer fee (not to exceed
10% of total portfolio of assisted projects), related to NSP-assisted housing
rehabilitation or construction activities, at a level approved by the City.
. The City shall provide Developer with Deed of Trust (Exhibit]), Promissory Note
(Exhibit 2), and Covenant Agreement (Exhibit 3) to be recorded at time of
escrow securing the City's financial interest in the project(s) and affordability
period (minimum 55 years).
. The City shall provide the Voluntary Acquisition form to acquire properties using
NSP funds.
. City shall provide Developer with maps of NSP eligible areas as approved by
the Department of Housing and Urban Development.
. City shall provide technical assistance to Developer to ensure NSP program is
carried out successfully and in compliance with HUD regulations.
The Scope of Services outlined above shall not be altered without wrillen approval of
the City.
Performance Measurement: Create a minimum of 4 rental units serving households
earning less than 50% of the Area Median Income for the City of Chulo Vista.
CDBG National Obiective: Very Low Income Residents at or below 50 (%) Percent
Area Median Income
A. TIME SCHEDULE: DEVELOPER will make all good faith and reasonable efforts to
fullfill the project by June 30, 2010, or earlier.
B. BUDGET: DEVELOPER shall make all good faith and reasonable efforts to
complete the work under this Contract within the following budget. In no case
shall DEVELOPER be entitled to, nor shall City reimburse DEVELOPER, more than
10% developer fee and not more than $1,000,000 for work pertormed under this
Contract.
4-38
Attachment "A" - Scope of Work
Page 2 of 3
\
In addition to the required quarterly reports identified in Section 12 of this CONTRACT,
the Developer shall document all clients served to ensure that at least 51 percent of
those served are at or below 50 percent of the Area Median Income as established by
the U.S. Department of Housing and Urban Development (HUD). This information is to
be collected and compiled semi-annually and submitted to the City each January 15
and July 15 during the affordability period and shall be submitted to the City of Chula
Vista Development Services Department - Housing Division upon receipt of a written
request and at the time of any monitoring of project records.
Developer shall also submit to the City in a timely manner other reports as
requested/required by HUD and/or the City including, but not limited to
Contractor/Subcontractor: Semi-Annual Labor Standards Enforcement Reports (HUD-
4710), Annual Minority Business Enterprise Activity Reports (HUD-2516), Section 3 Reports
(HUD-60002) and provide, as requested by HUD and/or the City, information necessary
to prepare the Grantee Consolidated Annual Performance and Evaluation Report
(CAPER), Consolidated Plan, Annual Plan and other such reports and/or plans.
4-39
Attachment "A" - Scope of Work
Page 3 of 3
ATTACHMENT "B"
INSURANCE REQUIREMENTS
Contractor/Developer must procure insurance against claims for injuries to persons or damages
to property that may arise from or in connection with the performance of the work under the
contract and the results of that work by the Developer/Contractor, his agents, representatives,
employees or subcontractors and provide documentation of same prior to commencement or
work. The insurance must be maintained for the duration of the contract.
Minimum Scope of Insurance
Coverage must be at least as broad as:
I. Insurance Services Office Commercial General Liability coverage (occurrence Form
CGOOOI)
2. Insuronce Services Office Form Number CA 0001 covering Automobile Liability, code] (any
auto).
3. Workers' Compensation insurance as required by the State of California and Employer's
Liability Insurance.
Minimum Limits of Insurance
Developer/Contractor must maintain limits no less than:
I. General Liability:
(Including operations,
products and completed
operations, as applicable.)
2. Automobile Liability:
3. Workers' Compensation
Employer's Liability:
$1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability insurance
with a general aggregate limit is used, either the general
aggregate limit must apply separately to this project/location
or the general aggregate limit must be twice the required
occurrence limit.
$1,000,000 per accident for bodily injury and property damage.
Statutory
$1,000,000 each accident
$1,000,000 disease-policy limit
$1,000,000 disease-each employee
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At
the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured
retentions as they pertain to the City, its officers, officials, employees and volunteers: or the
Developer/Contractor will provide a financial guarantee satisfactory to the City guaranteeing
payment of losses and related investigations, claim administration, and defense expenses.
Other Insurance Provisions
The general liability, automobile liability, and where appropriate, the worker's compensation
policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Chula Vista, its officers, officials, employees, agents, and volunteers are to
be named as additional insureds with respect to liability arising out of automobiles
owned, leased, hired or borrowed by or on behalf of the Developer/contractor, where
applicable, and, with respect to liability arising out of work or operations performed by
or on behalf of the Developer/contractor including providing materials, parts or
equipment furnished in connection with such work or operations. The genera/liability
addition a/ insured coverage must be provided in the form of an endorsement to the
Attachment "S" -Insurance Requirements
Page I of 2
4-40
Developer's/contractor's insurance using ISO CG 2010 (11/85) or its equivalent.
Specifically, the endorsement must not exclude Products / Completed Operations
coverage.
2. The Developer's/contractor's insurance coverage must be primary insurance as it
pertains to the City, its ofticers, officials, employees, agents, and volunteers. Any
insurance or self-insurance maintained by the City, its otficers, officials, employees, or
volunteers is wholly separate from the insurance of the Developer/contractor and in no
way relieves the Developer/contractor from its responsibility to provide insurance.
3. Each insurance policy required by this clause must be endorsed to state that coverage
will not be canceled by either party, except after thirty (30) days' prior written notice to
the City by certified mail, return receipt requested.
4. Coverage shall not extend to any indemnity coverage for the active negligence ot the
additional insured in any case where an agreement to indemnify the additional insured
would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
5. Developers/Contractor's insurer will provide a Waiver of Subrogation in favor of the City
for each required policy providing coverage during the life of this contract.
Acceptability of Insurers
Insurance is to be placed with licensed insurers admitted to transact business in the State of
California with a current A.M. Best's rating of no less than A V. If insurance is placed with a
surplus lines insurer, insurer must be listed on the State of California list of Eligible Surplus lines
Insurers (LESU) with a current A.M. Best's rating of no less than A X. Exception may be made for
the State Compensation Fund when not specifically rated.
Verification of Coverage
Developer/Contractor shall furnish the City with original certificates and amendatory
endorsements effecting coverage required by this clause. The endorsements should be on
insurance industry forms, provided those endorsements conform to the contract requirements.
All certificates and endorsements are to be received and approved by fhe City before work
commences. The City reserves the right to require, at any time, complete, certified copies of
all required insurance policies, including endorsements evidencing the coverage required by
these -specifications.
Subcontractors
Developer/Contractor must include all subcontractors as insureds under its policies or furnish
separate certificates and endorsements for each subcontractor. All coverage for
subcontractors are subject to all of the requirements included in these specifications.
4-41
Attachment "B" - Insurance Requirements
Page 2 of 3
Bonding Requirements
Prior to commencement of rehabilitation, Developer shall file with the City on the
approved forms, the surety bonds in the amounts and for the purposes noted below.
The surety must posses a minimum rating from A.M. Best Company of A-VII. and be
listed as an acceptable surety on federal bonds by the United states Department of
the Treasury. Developer shall pay all premiums and costs thereof and incidental
thereto, as security for payment of persons named in California Civil Code Section
3181 or amounts due under Unemployment Insurance Code with respect to Work or
Labor performed by any such claimant. All alterations, time extensions, extra and
additional work, and other changes authorized by the Specifications, or any part of
the Contract. may be made without securing consent of the surety or sureties on the
contract bonds. Each bond shall be signed by both Developer and the sureties.
Should any surety or sureties be deemed unsatisfactory at any time by the City, notice
will be given Developer to that effect, and Developer shall forthwith substitute a new
surety or sureties satisfactory to the Developer. No further payment shall be deemed
due or will be made under the Contract until the new sureties qualify and are
accepted by the City.
i. A bid guarantee from each bidder equivalent to five percent of
the bid price. The "bid guarantee" shall consist of a firm
commitment such as a bid bond, certified check, or other
negotiable instrument accompanying a bid as assurance that the
bidder will. upon acceptance of his bid, execute such
contractual documents as may be required within the time
specified.
ii. A performance bond on the part of the developer for 100
percent of the contract price, as determined from the prices in
the bid form, and shall insure the faithful performance by
developer of all work under the Contract. It shall also insure the
replacing of, or making acceptable, any defective materials or
faulty workmanship.
iii. A payment bond on the part of the contractor for 100 percent
of the contract price, as determined from the prices in the bid
form, and shall inure to the benefit of persons performing labor or
furnishing materials in connection with the work of the proposed
Contract. This bond shall be maintained in full force and effect
until all work under the Contract is completed and accepted by
the City, and until all claims for materials and labor have been
paid.
4-42
Attachment "B" -Insurance Requirements
Page 3 of 3
ATTACHMENT "C"
2009 San Diego Income Limits
Median Income: $74,900
Extremely ,,-ery
Low Income Low Income Low Income
famil~- 30% 35% 40% 50% 60% 65% 70% 80%
Size Income Income Income lncome Income Income Income lncome
OJ',"E S17.350 520.250 523.150 $28.900 $34.680 537.600 540,450 $46.250
TWO 819.850 523,100 $26.450 $33.050 $39.660 842.950 $46.250 552.900
THREE 522.300 526.000 529.750 537.150 544.580 $48,350 552.000 $59.500
FOUR 524,800 $28,900 $33.050 $41.300 549.560 $53.700 557.800 $66.100
Fn"E 526.800 531.200 535.700 544.600 553.520 558.000 $62.400 $71.400
SIX 528.750 $33.500 538.350 $47.900 557.480 562.300 567.050 $76.700
SE\ "EK" 530.750 535.850 $41.000 $51.200 561.440 566.600 571.650 $81.950
EIGHT S32.i50 $38.150 543.650 $54.500 $65.400 570,900 $76.300 $87.250
'Income Limits 80% and Below are Based on HUD Formula Income Limits Adjusted for High Housing Cost
Area
Attachment "e" -Income Limits
Page] of 1
4-43
ATTACHMENT "0"
Redevelopment and Housing
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 of 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 project that is
the subject of the application or the contract. e.g., owner, applicant,
contractor, subcontractor, material supplier.
2. If any person* identified pursuant to (1) above is a corporation or partnership,
list the names of all individuals with a $2000 investment in the business
I corporation/partnership) entity.
3. If any person* identified pursuant to (1) above is a non-profit organization or
trust, list the names of any person serving as director of the non-profit
organization or as trustee or beneficiary or trustor of the trust.
4. Please identify every person, including any agents, employees, consultants,
or independent contractors you have assigned to represent you before the
City in this matter.
5. Has any person* 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 y"" briefly rle,Gibe the nature of the finC1nriC11 intere,t thp offirial'* may
have in this contract.
Attachment "0" - Disclosure Form
Page 1 of 2
4-44
\
6. Have you made a contribution of more than $250 within the past twelve (12)
months to a current member of the Chula Vista City Council? No_ Yes_If
yes, which Council member?
'I
7.
Have you provided more than $340 (or an item of equivalent) to an official**
of the City of Chula Vista in the past twelve (12) months? (This includes being
a source of income, money to retire a legal debt, gift, loan, etc.)
Yes No_
If Yes, which official** and what was the nature of item provided?
Date:
Signature of Developer
Print or type name of Developer
*
Person is defined as: any individual, firm, co-partnership, joint venture,
association, social club, fraternal organization, corporation, estate, trust.
receiver. syndicate, any other county, city, municipality, district, or other political
subdivision, -or any other group or combination acting as a unit.
** Official includes, but is not limited to: Mayor, Council member, Planning
Commissioner, Member of a board, commission, or committee of the City,
employee, or staff members.
Attachment "D" - Disclosure Form
Page 2 of 2
4-45
EXHIBIT 1
NO CHARGE ON TillS DOCUMENT
FOR THE BENEFIT OF A PUBLIC
AGENCY
Recording Requested By:
City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
And When Recorded Mail To:
City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
DEED OF TRUST
THIS DEED OF TRUST is dated as of the of _' 20_, by San Diego Community
Housing Corporation, A California Non-Profit ("Trustor"), whose address is 6160 Mission Gorge
Road, Suite 204 San Diego, CA 92120, Attention: J. Robert St. Germain,
and ("Trustee") and THE CITY OF CHULA VISTA, a public body, corporate
and politic (the "Beneficiary"), whose address is 276 Fourth Avenue, Chula Vista, California, 91910.
TRUSTOR HEREBY irrevocably grants, transfers, and assigns to Trustee, in trust, with
power of sale, all that property in the City of Chula Vista, County of San Diego, State of California
(the "Property"), described as:
(See Legal Description - Exhibit "A")
FOR THE PURPOSE OF SECURING:
(1) Payment ofthe indebtedness evidenced by a promissory note of even date herewith executed
by Trustor, in the principal sum of DOLLARS ($XXX,OOO), and
any renewal, extension, or modification of the promissory note (the "Note");
(2) Any additional sums and interest that may hereafter be loaned to the then record owner of the
Property by Beneficiary, when evidenced by another note or notes reciting that it or they are so
secured;
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(2) Any additional sums and interest that may hereafter be loaned to the then record owner of the
Property by Beneficiary, when evidenced by another note or notes reciting that it or they are so
secured;
(3) The performance of each agreement contained in this Deed of Trust, the terms being
synonymous, and the Note referenced in Paragraph (I) above;
(4) The performance of each agreement of Trustor under that certain "Loan Agreement" dated
, by and between Trustor ("Borrower" therein) and Beneficiary ("City" therein) on file in the
Office of Beneficiary;
(5) The performance of each agreement and covenant of Trustor under that certain Declaration of
Covenants, Conditions and Restrictions" ("Restrictions") of even date herewith and recorded
concurrently herewith affecting the Property; and
(6) The performance of each agreement of Trustor under that certain "Developer Agreement"
dated September _,2009, terms and conditions of which bind the Property and run with the land
and which are being assumed by Trustor. Notwithstanding anything set forth herein to the contrary
this Deed of Trust expressly does not secure any obligations, covenants, indemnities or other
agreements of the Trustor, San Diego Community Housing Corporation, - or their successors or
assigns, under: (i) that certain Developer Agreement between San Diego Community Housing
Corporation and Beneficiary.
A. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR AGREES:
Maintenance and Repair
(I) To keep the Property in good condition and repair; not to remove or demolish any buildings
on the Property; to complete or restore promptly and in good and workmanlike manner any building
that may be constructed, damaged, or destroyed on the Property; to pay when due all claims for labor
performed and materials furnished for the Property; to comply with all laws affecting the Property or
requiring any alterations or improvements to be made on the Property; not to commit or permit waste
of the Property; not to commit, suffer, or permit any act upon the Property in violation oflaw; and to
cultivate, irrigate, fertilize, fumigate, prune, and do all other acts that from the character or use of the
Property may be reasonably necessary.
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Fire Insurance
(2) To provide, maintain, and deliver to Beneficiary fire insurance satisfactory to and with loss
payable to Beneficiary as its interest may appear. Subject to the rights of any senior lenders, the
amount collected under any fire or other insurance policy may be applied by Beneficiary upon any
indebtedness secured by this Deed of Trust and in any order determined by Beneficiary, or at the
option of Beneficiary the entire amount so collected or any part of that amount may be released to
Trustor. This application or release shall not cure or waive any default or notice of default under this
Deed of Trust or invalidate any act done pursuant to such a notice.
Notwithstanding the foregoing, in the event of any fire or other casualty to the Property,
Trustor shall have the right to rebuild the Property, and to use all available insurance proceeds
therefor, provided that (a) such proceeds are sufficient to rebuild the Property in a manner that
provides adequate security to Beneficiary for repayment of the indebtedness secured hereby or if
such proceeds are insufficient then Trustor shall have funded any deficiency, (b) Beneficiary shall
have the right to approve (which shall not be unreasonably withheld or delayed) plans and
specifications for any major rebuilding and the right to approve (which shall not be umeasonably
withheld or delayed) disbursements of insurance proceeds for rebuilding under a construction escrow
or similar arrangement, and (c) no material default then exists hereunder or under the Note. If the
casualty affects only part of the Property and total rebuilding is not feasible, then proceeds may be
used for partial rebuilding and partial repayment of the indebtedness secured hereby in a manner that
provides adequate security to Beneficiary for repayment of the remaining indebtedness secured
hereby.
Defense of Security
(3 ) To appear in and defend any action or proceeding purporting to affect the security of this
Deed of Trust or the rights or powers of Beneficiary, or Trustee; and to pay all costs and expenses,
including cost of evidence of title and anorneys' fees in a reasonable sum, in any such action or
proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to
foreclose this Deed of Trust.
Payment of Liens and Taxes
(4) To pay, at least ten (10) days before delinquency, all taxes and assessments affecting the
Property, including assessments on appurtenant water stock, all encumbrances, charges, and liens,
with interest, on the Property or any part of the Property, which appear to be prior or superior to this
Deed of Trust; and all costs, fees, and expenses of this Trust.
If Trustor fails to make any payment or to do any act as provided in this Deed of Trust, then
Beneficiary or Trustee may (but is not obligated to) make the payment or do the act in the required
manner and to the extent deemed necessary by Beneficiary or Trustee to protect the security of this
Deed of Trust. The performance by Beneficiary or Trustee of such an act shall not require notice to
or demand upon Trustor and shall not release Trustor from any obligation under this Deed of Trust.
,
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Beneficiary or Trustee shall also have the following related rights and powers: to enter upon the
Property for the foregoing purposes; to appear in and defend any action or proceeding purporting to
affect the security of this Deed of Trust or the rights or powers of Beneficiary or Trustee; to pay,
purchase, contest, or compromise any encumbrance, charge, or lien that in the judgment of either
appears to be prior or superior to this Deed of Trust; to employ counsel; and to pay necessary
expenses arId costs, including reasonable attorneys' fees.
Reimbursement of Costs
(5) To pay immediately and without demand all sums expended by Beneficiary or Trustee
pursuant to this Deed of Trust, with interest from date of expenditure at the amount allowed by law
in effect at the date of this Deed of Trust, and to pay any amount demanded by Beneficiary (up to the
maximum allowed by law at the time of the demand) for any statement regarding the obligation
secured by this Deed of Trust.
(6) That it will pay the City Note at the time and in the manner provided therein.
(7) That it will not permit or suffer the use of any of the Property for any purpose other than the use
for which the same was intended at the time this Deed of Trust was executed.
(8) That the Note, the Loan Agreement, Memorandum of First Right of Refusal, Affordable Housing
Agreement and the Declaration of Covenants and Restrictions are incorporated herein by reference
and made a part of this Deed of Trust, although not attached. Copies are on file in the office of the
Redevelopment Agency and Housing Authority of the City of Chula Vista.
(9) To perform, in a timely manner, each agreement and covenant by and between Trustor on any
and all notes, loans and deeds of trust that are senior and/or junior to this Deed of Trust. A default in
any of these obligations and the expiration of any applicable notice or cure period shall constitute a
default under this Deed of Trust.
B. THE PARTIES AGREE THAT:
Condemnation Award
(I) Any award of damages in connection with any taking or condemnation, or for injury to the
Property by reason of public use, or for damages for private trespass or injury to the Property, is
hereby assigned and shall be paid to Beneficiary (subject to the rights of any senior lenders), as its
interest may appear as further security for all obligations secured by this Deed of Trust. Upon receipt
of such proceeds, Beneficiary may hold the proceeds as further security, or apply or release them in
the same manner and with the same effect as provided in Paragraph A(2) of this Deed of Trust for
the disposition of proceeds of fire or other insurance.
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\Vaiver of Late Payments
(2) By accepting payment of any sum secured by this Deed of Trust after its due date, Beneficiary
does not waive its right either to require prompt payment when due of all other sums so secured or to
declare default for failure to pay any indebtedness secured by this Deed of Trust.
Trustee's Powers
(3) Upon written request of Beneficiary and presentation ofthis Deed of Trust and the Note for
endorsement, Trustee may (a) reconvey all or any part of the Property; (b) consent to the making and
recording, or either, of any map or plat of all or any part of the Property; (c) join in granting any
easement on the Property; or (d) join in or consent to any extension agreement or any agreement
subordinating the lien, encumbrance, or charge of this Deed of T rust. Trustee need not provide
Trustor with notice before taking any of the foregoing actions, and shall not be liable for the proper
performance of the act. The exercise by Trustee of any of the foregoing powers shall not affect the
personal liability of any person for payment of the indebtedness secured by this Deed of Trust, or the
lien of this Deed of Trust on the remaining property as security for the repayment of the full amount
secured by this Deed of Trust.
Full Reconveyance
(4) Upon written request of Beneficiary stating that all sums secured by this Deed of Trust have
been paid, surrender of this Deed of Trust, the Note, and any other notes secured by this Deed of
Trust to Trustee for cancellation and retention, and payment of Trustee's fees and charges, Trustee
shall reconvey, without warranty, the Property then subject to this Deed of Trust. The recitals in the
reconveyance shall be conclusive proof of the truthfulness of the recitals. The grantee in the recon-
veyance may be described as "the person or persons legally entitled thereto." Five years after
issuance of the full reconveyance, Trustee may destroy the Note and this Deed of Trust, unless
directed in the request to retain them.
Assignment of Rents
(5) As additional security, Trustor hereby gives to and confers upon Beneficiary the right, power,
and authority during the continuance of these Trusts, to collect the rents, issues, and profits of the
Property, but reserves the right, prior to any default, which shall continue beyond any applicable
notice and cure periods, by Trustor in payment of any indebtedness secured by this Deed of Trust or
in the performance of any agreement under this Deed of Trust, to collect and retain these rents,
issues, and profits as they become due and payable. Upon any such default, Beneficiary may,
without notice and without regard to the adequacy of the security for the indebtedness secured by this
Deed of Trust. either personally or by agent or court-appointed receiver, do the following: enter
upon and take possession of the Property or any part of the Property; sue for or otherwise collect all
rents, issues, and profits, including those past due and unpaid; and apply these rents, issues, and
profits, less costs and expenses of operation and collection (including reasonable attorneys' fees),
upon any indebtedness secured by this Deed of Trust, in any order determined by Beneficiary. The
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exercise ofthe foregoing rights by Beneficiary shall not cure or waive any default or notice of default
under this Deed of Trust or invalidate any act done pursuant to such a notice.
Default in Foreclosure
(6) Upon default by Trustor in the payment of any indebtedness secured by this Deed of Trust or
in the performance of any material obligation under this Deed of Trust, and the expiration of any and
all applicable notice or cure periods, Beneficiary may declare all sums secured by this Deed of Trust
immediately due and payable by delivering to Trustee a written declaration of default and demand for
sale and a written notice of default and election to sell the Property. Trustee shall cause the notice of
default and election to sell to be recorded. Beneficiary also shall deposit with Trustee this Deed of
Trust, the Note, and all documents evidencing any additional expenditures secured by this Deed of
Trust.
After the required time period has lapsed following the recordation of the notice of default, and after
notice of sale has been given as required by law, Trustee, without demand on Trustor, shall sell the
Property at the time and place specified in the notice of sale, either as a whole or in separate parcels,
and in any order determined by Trustee, at public auction to the highest bidder for cash in lawful
money of the United States, payable at the time of sale. Trustee may postpone sale of all or any
portion of the Property by public announcement at the time and place of sale, and from time to time
thereafter may postpone the sale by public announcement at the time fixed by the preceding
postponement. Trustee shall deliver to the purchaser at the auction its deed conveying the Property
sold, but without any covenant or warranty, express or implied. The recital in the deed of any matter
or fact shall be conclusive proof of the truthfulness of the recital. Any person, including Trustor,
Trustee, or Beneficiary, may purchase at the sale.
After deducting all costs, fees, and expenses of Trustee and Beneficiary under this paragraph,
incl uding costs of procuring evidence of title incurred in connection with sale, Trustee shall apply the
proceeds of sale to payment of: all sums expended under the terms of this Deed of Trust, not then
repaid, with accrued interest at the amount allowed by law in effect at the date ofthis Deed of Trust;
all other sums then secured by this Deed of Trust; and the remainder,if any, to the person or persons
legally entitled to the remaining proceeds.
(7) Should the undersigned agree to or actually sell, convey, transfer, or dispose of, or further
encumber the real property described in this deed of trust securing the Promissory Note, or any part
of it, or any interest in it, without first obtaining the written consent of the Holder of the Note, then
all obligations secured by the Note and trust deed may be declared due and payable, at the option of
the Holder. Consent to one transaction of this type will not constitute a waiver of the right to require
consent to future or successive transactions.
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General Provisions
(8) This Deed applies to, inures to the benefit of, and binds all parties to this Deed of Trust and
their heirs, legatees, devisees, administrators, executors, successors, and assigns. The term
"Beneficiary" shall mean the holder and owner, including pledgee, of the Note secured by this Deed
of Trust, whether or not named as a beneficiary in this Deed of Trust, and the heirs, legatees,
devisees, administrators, executors, and assigns of any such person. In this Deed, whenever the
context so requires, the masculine gender includes the feminine and/or neuter, and the singular
number includes the plural.
Acceptance by Trustee
(9) Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public
record as provided by law. Trustee is not obligated to notify any party to this Deed of Trust of
pending sale under any other deed of trust or of any action or proceeding in which Trustor,
Beneficiary, or Trustee shall be a party unless brought by Trustee.
Substitution of Trustees
(10) Beneficiary, or any successor in ownership of any indebtedness secured by this Deed ofT rust,
may from time to time, by written instrument, substitute a successor or successors to any Trustee
named in or acting under this Deed of Trust. The substitution instrument shall contain the name of
the original Trustor, Trustee, and Beneficiary under this Deed of Trust, the book and page where this
Deed is recorded, and the name and address of the new Trustee. Wilen executed by Beneficiary and
duly acknowledged and recorded in the office of the recorder of the county or counties where the
Property is situated, the substitution instrument shall be conclusive proof of proper substitution of
the successor Trustee or Trustees. Any successor Trustee or Trustees shall, without conveyance from
the predecessor Trustee, succeed to all its title, estate, rights, powers, and duties.
Cumulative Powers and Remedies
(11) The powers and remedies conferred in this Deed of Trust are concurrent and cwnulative to all
other rights and remedies provided in this Deed of Trust or given by law. These powers and
remedies may be exercised singly, successi vely, or together, and as often as deemed necessary.
Conclusiveness of Recitals
(12) The recitals contained in any reconveyance, trustee's deed, or any other instrument executed
by Trustee from time to time under the authority of this Deed of Trust or in the exercise of its powers
or the performance of its duties under this Deed of Trust, shall be conclusive evidence oftheir truth,
whether stated as specific and particular facts, or in general statements or conclusions. Further, the
recitals shall be binding and conclusive upon Trustor, its heirs, executors, administrators, successors,
and assigns, and all other persons.
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Attorneys' Fees
(13) If any action is brought for the foreclosure ofthis Deed ofTrus! or for the enforcement of any
provision of this Deed of Trust (whether or not suit is filed), Trustor agrees to pay all costs and
expenses of Beneficiary and Trustee, including reasonable attorneys' fees; and these sums shall be
secured by this Deed of Trust.
Co-trustees
(14) If two or more persons are designated as Trustee in this Deed of Trust, any, or all, power
granted in this Deed of Trust to Trustee may be exercised by any of those persons, lithe other person
or persons are unable, for any reason, to act. Any recital of this inability in any instrument executed
by any of those persons shall be conclusive against Trustor and Trustor's heirs and assigns.
Request for Notices of Default and Sale
(15) In accordance with Section 2924b of the California Civil Code, request is hereby made that a
copy of any Notice of Default and a copy of any Notice of Sale under any Deeds of Trust executed by
Trustor, and recorded in the Official Records of San Diego County, California, in which Beneficiary,
is named as beneficiary, be mailed to:
Beneficiary:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Attention: Director of Redevelopment and Housing
If to Trustor:
San Diego Community Housing Corporation
6160 Mission Gorge Road Suite 204
San Diego, CA 92120
Attention: J. Robert St. Germain
NOTICE: A copy of any notice of default and of any notice of sale will be sent only to the
address contained in this recorded request. If your address changes, a new request must be
recorded.
The undersigned Trustorrequests that a copy of any notice of default and of any notice of sale under
this Deed of Trust be mailed to Trustor at the address of Trustor set forth above.
(16) Trustor shall permit Beneficiary and its agents or representatives, to inspect the Property at
any and all reasonable times, upon prior written notice of not less than twenty-four (24) hours (unless
Trustor is in default under any of the Loan Documents). Inspections shall be conducted so as not to
interfere with the tenants' use and enjoyment of the Property and the general operation of the
Property.
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(17) The City Loan provided for herein shall be subject to the restrictions set forth in the Loan
Agreement and Declaration of Covenants and Restrictions and Trustor hereby consents to such
restrictions and agrees to be bound therebv. Such restrictions shall be in addition to and not in
~ .
limitation of the rights of Beneficiary expressly set forth in this Deed of Trust.
(18) For purposes oftrus Deed of Trust, "Hazardous Materials" mean and include any hazardous,
toxic or dangerous waste, substance or material including, without limitation, flammable explosives,
radioactive materials, asbestos, hazardous wastes, toxic substances and any materials or substances
defined as hazardous materials, hazardous substances or toxic substances in (or for purposes of) the
Comprehensive Environmental Response, Compensation and Liability Act of 1980 CCERCLA"), as
amended (42 U.S.C. 99601, et seq.), the Hazardous Materials Transportation Act (49 U.S.c. S1801,
et seq.), the Resource Conservation and Recovery Act (42 U.S.C. 96901, et seq.), and those
substances defined as hazardous wastes in 925117 of the California Health and Safety Code or as
hazardous substances in 925316 of the California Health and Safety Code or in any regulations
promulgated under either such law, any so-called "Superfund" or "Superlien" law, or any other
federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating,
relating to; or imposing liability or standards of conduct concerning, any hazardous, toxic or
dangerous waste, substance or material, as now or at any time hereafter in effect.
(19) In addition to the general and specific representations, covenants and warranties set forth in
the Deed of Trust or otherwise, Trustor represents, covenants and warrants, with respect to
Hazardous Materials, as follows:
(a) Neither Trustor nor, to the best knowledge of Trustor, any other person, has ever
caused or permitted any Hazardous Materials to be manufactured, placed, held, located or disposed
of on, under or at the Property or any part thereof, and neither the Property nor any part thereof, or
any property adjacent thereto, has ever been used (whether by Trustor or, to the best knowledge of
Trustor, by any other person) as a manufacturing site, dump site or storage site (whether permanent
or temporary) for any Hazardous Materials. "Hazardous Materials" for purposes ofthis Paragraph
I 9(a) shall not include substances typically used in the ordinary course of developing, operating and
maintaining apartment complexes, provided that such substances are used in accordance with all
applicable laws.
(b) Trustor hereby agrees to indemnify Beneficiary, its officers, employees, contractors
and agents, and hold Beneficiary, its officers, employees, contractors and agents harmless from and
against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every
kind whatsoever paid, incurred or suffered by, or asserted against Beneficiary, its officers,
employees, contractors or agents for, with respect to, or as a direct or indirect result of the presence
or use, generation, storage, release, threatened release or disposal of Hazardous Materials on or under
the Property or the escape, seepage, leakage, spillage, discharge, emission or release of any
Hazardous Materials from the Property (including, without limitation, any losses, liabilities,
damages, injuries, costs, expenses or claims asserted or arising under CERCLA, any so-called
"Superfund" or "SuperIien" law,or any other federal, state or local statute, law, ordinance, code,
rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct
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concerning any Hazardous Materials) regardless of whether or not caused by or within the control of
Trustor. The foregoing indemnification shall not apply to any liability resulting from (i) an event
that occurs after a transfer of the Property due to any foreclosure sale (judicial or nonjudicial) or a
deed in lieu of foreclosure, or (ii) acts or omissions of Beneficiary or its agents.
(c) Trustor has not received any notice of (i) the happening of any event involving the
use, spillage, discharge, or cleanup of any Hazardous Materials ("Hazardous Discharge") affecting
Trustor or the Property or (ii) any complaint, order, citation or notice with regard to air emissions,
water discharges, noise emissions or any other environmental, health or safety matter affecting
Trustor or the Property ("Environmental Complaint") from any person or entity, including, without
limitation, the United States Environmental Protection Agency ("EP A"). If Trustor receives any
such notice after the date hereof, then Trustor will give, within seven (7) business days thereafter,
oral and written notice of same to Beneficiary.
(d) Without limitation of Beneficiary's rights under this Deed of Trust, Beneficiary shall
have the right, but not the obligation, to enter onto the Property or to take such other actions as it
deems necessary or advisable to clean up, remove, resolve or minimize the impact of, or otherwise
deal with, any such Hazardous Materials or Environmental Complaint upon its receipt of any notice
from any person or entity, including without limitation, the EP A, asserting the existence of any
Hazardous Materials or an Environmental Complaint on or pertaining to the Property which, if true,
could result in an order, suit or other action against Trustor affecting any part of the Property by any
governmental agency or otherwise which, in the sole opinion of Beneficiary, could jeopardize its
security under this Deed of Trust. All reasonable costs and expenses incurred by Beneficiary in the
exercise of any such rights shall be secured by this Deed of Trust and shall be payable by Trustor
upon demand together with interest thereon at a rate equal to the highest rate payable under the note
secured hereby.
(e) The foregoing representation, covenants, indemnities and warranties shall be
continuing and shall be true and correct for the period from the date hereof to the release of this Deed
of Trust (whether by payment of the indebtedness secured hereby or foreclosure or action in lieu
thereof), and these representations, covenants, indemnities and warranties shall survive such release.
(20) Each successor owner of an interest in the Property other than through foreclosure or deed in
lieu of foreclosure of an interest superior to this Deed of Trust, shall take its interest subject to this
Deed of Trust.
(21) This Deed of Trust shall be governed by and construed in accordance with the laws of the
State of California.
(22) If the Property is allocated to a low-income housing tiL'l credits under the provisions of
sections 17058 and 2361 0.5 of the Revenue and Taxation Code of State of California and under the
Section 42 of the Internal Revenue Code of 1986, as amended ("Code") then the Property will be
subject to certain requirements of Section 42 of the Code, including, but not limited to Section
42(h)(6)(e)(ii), which does not permit the eviction or termination of tenancy (other than for good
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cause) of an existing tenant of any low-income unit or any increase in the gross rent with respect to
such unit not otherwise permitted under Section 42 for a period of three (3) years after the date the
Property is acquired by foreclosure or deed in lieu of foreclosure. Beneficiary acknowledges the
provisions of Section 42 of the Code and agrees that, if and to the extent applicable to Beneficiary in
connection with the Property, Beneficiary will comply therewith.
Recourse During Construction and Non-Recourse After Filing of Certificate of Completion.
(23) Following the timely completion of the acquisition & rehabilitation Project, as defmed in the
Loan Agreement, measured by the timely filing of a Certificate of Completion, nothing herein
contained shall be deemed to cause Trustor (or any of its partners, or any of their respective directors,
officers, employees, partners, principals or members) personally to be liable to payor perform any of
its obligations evidenced hereby, and the Beneficiary shall not seek any personal or deficiency
judgment on such obligations, and the sole remedy of the Beneficiary with respect to the repayment
of the loan evidenced by this Note shall be against the Property; provided, however, that the
foregoing shall not in any way affect any rights the Beneficiary may have (as a secured party or
otherwise) hereunder or under this Deed of Trust, or any other rights the Beneficiary may have to: (a)
recover directly from the Trustor any funds, damages or costs (including, without limitation,
reasonable attorneys' fees and costs) incurred by the Beneficiary as a result of fraud, intentional
misrepresentation or intentional waste by Trustor; or (b) recover directly from the Trustor any
condemnation or insurance proceeds, or other similar funds or payments attributable to the Property
which under the terms of this Deed of Trust should have been paid to the Beneficiary, and any costs
and expenses incurred by the Beneficiary in connection therewith (including, without limitation,
reasonable attorneys' fees and costs).
(24) All individuals signing this Deed of Trust for a party which is a corporation, a partnership or
other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in
any other legal capacity, covenant to the Beneficiary that they have the necessary capacity and
authority to act for, sign and bind the respecti ve entity or principal on whose behalfthey are signing.
(25) This Deed of Trust is subordinate and subject to the Deed of Trust, Assignment of Rents and
Leases dated as of executed by Trustor for the benefit of
(the" Trustee") and recorded concurrently herewith, and the rights
hereunder are otherwise subject to the terms and conditions of that certain Subordination Agreement
recorded concurrently herewith and executed by the Trustor, the Beneficiary, the City ofChula Vista,
the Trustee, and.
[Signature Pages to Follow]
11
Neighborhood Stabilization Program
Cil yCouncil Resoiulion No_2009_
4-56
SAN DIEGO COMt\1UNITY HOUSING CORPORATION, a California Non-Profit
By:
J. Robert St. Germain, Chief Executive Officer, President
;
'I
I
,
"
CITY OF CHULA VISTA
By:
James D. Sandoval, City Manager
Approved as to form:
By:
Bart Miesfeld, City Attorney
12
Neighborhood Stabilization Program
CityCollnc:lResoJution~o2009__
4-57
REQUEST FOR FULL RECONVEYANCE
To be used only when note has been paid
Dated
TO
, Trustee:
The undersigned is the legal owner and holder of all indebtedness secured by the within
Deed of Trust. All sums secured by said Deed of Trust have been fully paid and satisfied; and
you are hereby requested and directed, on payment to you of any sums owing to you under the
terms of said Deed of Trust, to cancel all evidences of indebtedness, secured by said Deed of
Trust, delivered to you herewith together with the said Deed of Trust, and to reconvey, without
warranty, to the parties designated by the terms of said Deed of Trust, the estate now held by you
under the same.
By
By
By
By
MAIL RECONVEYAl'l'CE TO:
13
Neighborhood Stabilization Program
C,ty Council ltesolution No, 2009-_
4-58
ACKNOWLEDGMENT
State of California
)
)
)
I
"
County of San Diego
On , 200_, before me, personally appeared,
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/herltheir authorized capacity(ies),
and that by his/her/their signature( s) on the instrument the person( s), or the entity on behalf of which
the person( s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(Seal)
14
Neighborhood Stabilization Program
City CoullciJ ResoiutJon No. 2009-_
4-59
ACKNOWLEDGMENT
State ofCalifomia )
)
County of San Diego )
On , 200_, before me, personally appeared,
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies),
and that by hislher/their signature(s) on the instrument the person(s), or the entity on behalf of which
the person( s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(Seal)
15
Neighborhood Stabilization Progrnm
Cit y Council Resolution No, :!009-_
4-60
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
On , 20_ before me, Donna Norris, City Clerk, personally appeared
, who proved to me on the basis of satisfactory evidence to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument, the person, or the entity
upon behalf of which the person acted, executed the instrument
] certify under PENALTY OF PERJURY underthe laws of the State of California that the foregoing
paragraph is trUe and correct
WITNESS my hand and official seal
Donna Norris, CMC
City Clerk of the City ofChula Vista
(SEAL)
16
Neighborhood Stabilization Program
Cit y Council R<:solmion No.l0~)-_
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Exhibit "A"
. Legal Description
All that certain real property situated in the City of Chula Vista, County of San Diego, State of
California, described as follows:
INSERT LEGAL DESCRlPTION
APN:
17
Neighborhood Stabilization Program
Cit y Council Re,olut;on No, :!OO'l._
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EXHIBIT 2
DO NOT DESTROY THIS NOTE: WHEN PAID, THIS NOTE A1"ID THE DEED OF TRUST
SECURING IT MUST BE SURRENDERED TO TRUSTEE FOR CANCELLATION
BEFORE RECOl'li"VEYA1'\TCE WILL BE MADE.
----------------------------------------------------------------------------------------------------------------
NOTE SECURED BY DEED OF TRUST
("Note")
San Diego, California
Month Day, 2009
1. Princioal and Interest.
FOR VALUE RECEIVED, and in consideration of the Loan Agreement of [event date]
herewith ("Loan Agreement"), made by the City ofChula Vista, a public body, corporate and politic
("City"), San Diego Co=unity Housing Corporation, A California Non-Profit Organization
("Maker") prornises to pay to City, or order, at 276 Fourth Avenue, Chula Vista, California 91910, or
such other place as the holder may from time to time designate by written notice to Maker the
principal sum of ONE MILLION THOUSAND DOLLARS ($ I ,000,000), or so much as is advanced,
together with accrued interest from the date of disbursement on the disbursed and unpaid principal at
the interest rate of three percent (3%) simple interest per annum. This Note is issued pursuant to the
Loan Agreement dated and the deed oftrust (the "Deed of Trust"), being executed
concurrently herewith, to be recorded in the office of the County Recorder of San Diego County.
The Deed of Trust, the Loan Agreement, the Declaration of Covenants, Conditions and Restrictions,
which terms are defined in the Loan Agreement, are sometimes collectively referred to herein as the
"Loan Documents." All capitalized terms which are not defmed herein shall have the meaning
ascribed to them in the Loan Agreement. The Deed of Trust shall be subordinate andjunior during
the acquisition and rehabilitation period to the Deed of Trust dated as of for
the benefit of as trustee.
2. Term of Loan. Due Date and Ri2ht ofPreoavment.
Due Date and Right ofPrepavrnent. Payments shall be due and payable on the earlier of the
following dates:
(a) Co=encing one year after tenant occupancy agreement, by the City, but no later
than June 30th, 2010, and on July 1st of each year thereafter, Maker shall calculate its Residual
Receipts for the previous calendar year, as defined herein, submit to City a report calculating
payment or nonpayment of Residual Receipts and pay to City its proportionate share of the Residual
Receipts for the previous calendar year, , with the other fifty percent (50%) of Residual Receipts
retained by Maker.
(b) Fifty-five (55) years from the City's issuance of the initial tenant occupancy, but no
Neighborhood Stabilization Program
Cit y Council Resolution No 2009-_
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4-63
later than sixty (60) years from the date of this Note, when all principal and accrued interest shall be
due and payable.
(c) Acceleration of this Note pursuantto the provisions of Paragraph 4 of this Note, when
all principal and accrued interest shall be due and payable; or
(d) Upon default under the terms of this Note as referenced in Paragraph 4 hereof, when
all principal and accrued interest shall be due and payable.
"Residual Receipts" shall mean "Gross Revenue" (as defined below) from the Property minus the
"Reasonable Operating Expenses" (as defined below) for the same period, calculated on a calendar
year basis, as provided in the Residual Receipts Computation form attached hereto as Exhibit "A".
All calculations of Residual Receipts during the preceding calendar year shall be subject to
verification and approval by the City.
"Gross Revenue" shall mean all revenue, income, receipts, and other consideration actually received
from operation and leasing of the Property. Gross Revenue shall include, but not be limited to: all
rents, fees and charges paid by tenants, Section 8 payments or other rental subsidy payments received
for the dwelling units, all cancellation fees; proceeds from vending and laundry room machines; the
proceeds of business interruption or similar insurance to the extent not applied to the Bond Loan; the
proceeds of casualty iIlsurance to the extent not utilized to repair or rebuild the Project or applied to
the Bond Loan; and condemnation awards for a taking of part or all of the Project for a temporary
period to the extent not applied to the Bond Loan or used to repair or restore the Project. Gross
Revenue shall not include tenants' security deposits, loan proceeds, capital contributions or similar
advances or payments from reserve funds.
"Reasonable Operating Expenses" shall mean any and all reasonable and actually incurred costs
associated with the ownership, operation, use or maintenance of the Property, calculated in
accordance with generally accepted accounting principles. Such expenses may include, without
limitation, property and other taxes and assessments imposed on the Project; premiums for property
damage, liability and business interruption insurance; utilities not directly paid for by the tenants
including, without limitation, water, sewer, trash collection, gas and electricity, maintenance and
repairs including, without limitation, pest control, landscaping and grounds maintenance, painting
and decorating, cleaning, general repairs, and supplies; tenant relocation costs and expenses; license
fees or certificate of occupancy fees required for operation of the Project; general administrative
expenses directly attributable to the Property including, without limitation, advertising and
marketing, security services and systems, and professional fees for legal, audit and accounting;
property management fees and reimbursements including on-site manager and assistance manager
expenses; any fees and distributions payable to Maker's Investor Limited Partner pursuant to the
Partnership Agreement, including but not limited to the Cumulative Priority Distribution, as such
terms are defined in the Partnership Agreement, debt service on any loan made to the Maker by any
partner of the Maker to cover operating expenses; a reasonable property management fee, cash
deposited into a reserve for capital replacements of the Project improvements and an operating
reserve (and such other reserve accounts required with respect to the Bond Loan) in such amounts as
Neighborhood Stabilization Program
elt y Council Resolution .No. 2009-_
2
4-64
are required by the Bond Issuer/Lender and as may be reasonably required by Project equity
investors; tenant services costs; debt service payments (excluding debt service due to City from
Residual Receipts of the Project) on fmancing for the Project; reasonable supplemental management
fees; and payment of the Deferred Development Fee. In no event shall expenditures, including
attorneys' fees or litigation costs, normally required to be paid out ofthe Replacement Reserve, be
treated as Reasonable Operating Expenses unless specifically approved in writing by the City. For
purposes of the foregoing definition of "Reasonable Operating Expenses," any property management
fee or partnership management fee which is paid to Maker or an affiliate of Maker shall at no time
exceed an amount as is customary and standard for affordable housing projects similar in size, scope
and character to the Project. Notwithstanding the foregoing, for purposes of this calculation,
Reasonable Operating Expenses shall not include the following: principal and interest payments on
any debt subordinate to the City Note (except debt service on loans made to the Maker by a partner
to cover operating expenses, as provided above), depreciation, amortization, depletion or other non-
cash expenses, incentive partnership asset management fees payable to the Maker or its affiliate
(other than the supplemental management fee described above), or any amount expended from a
reserve account. In the event that any of the above costs is incurred partially with respect to the
Project and incurred partially with respect to the commercial retail development located on the
Property, the parties shall mutually agree upon an allocable portion of such costs which shall be
deemed Reasonable Operating Expenses of the Project for the purposes of this Agreement.
This Note may be prepaid in whole or in part at any time and, from time to time, without
notice or penalty. Any prepayment shall be allocated fust to unpaid interest and then to principal.
Should the undersigned sell, convey, transfer, further encumber, or dispose of the Property described
in the Deed of Trust securing this Note, or any part of it, or any interest in it, without first obtaining
the written consent of City, or the then holder ofthis Note, then all obligations secured by this Note
may be declared due and payable, at the option of City, or the then holder of this Note. City reserves
the right to approve all sales, transfers, conveyances, additional encumbrances, or dispositions of the
real property which approval shall not be unreasonably withheld or delayed. Consent to one
transaction of this type will not constitute a waiver of the right to require consent to future or
successive transactions.
If such a sale, transfer, further encumbrance, disposition, conveyance or transfer is approved
by City, then upon the sale, transfer, further encumbrance, conveyance, transfer all accrued but
unpaid interest on this Note shall be paid to City, at City's option.
NeIghborhood Stabilization Program
Cit y Council Resolution No. 2009.~
,
~
4-65
3. Security for Note.
This Note is secured by the Deed of Irust of even date herewith executed by Maker, which
creates a lien on that certain real property described therein and by the Loan Documents, including
the Security Agreement.
4. Acceleration Upon Default.
In the event of any default under the terms of this Note after the expiration of all applicable
cure periods, as set forth in the Loan Agreement, of the Deed of Irust securing this Note, or of the
Loan Agreement, or the Declaration of Covenants and Restrictions, or any prior or subsequent loans,
notes and/or deed of trust, at the option of the holder ofthis Note, and after written notice to Maker),
with thirty (30) days in which to cure any default, all principal and interest due under this Note and
the Note shall immediately become due and payable, without further notice. Failure to exercise such
option shall not constitute a waiver of the right to exercise it in the event of any subsequent default.
Without limiting any other events of default contained herein, or in any of the Loan Documents, the
failure to complete rehabilitation of the Project within a reasonable period of time shall be
considered an event of default, entitling the City to accelerate the payment of principal and interest
hereunder, as provided in this Section 4.
5. Costs Paid bv Maker.
Maker agrees to pay the following costs, expenses, and attorneys' fees paid or incurred by the
holder of this Note, or adjudged by a court: (a) reasonable costs of collection, costs, and expenses,
and attorneys' fees paid or incurred in connection with the collection or enforcement of this Note,
whether or not suit is filed; and (b) costs of suit and such sum as the court may adjudge as attorneys'
fees in any action to enforce payment of this Note or any part of it.
6. Payment and Interest Calculation.
Principal and interest shall be payable in la\Vful money of the United States of America.
Interest shall be computed based on a 360-day year and 3D-day month. Payments shall be applied to
interest first and then to any unpaid principal balance.
7. Incorporation of the Loan A!!:reement.
The provisions of the Loan Agreement are expressly incorporated in this Note by this
reference.
Neighborhood Stabilization Program
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4-66
8. Waiver.
Maker hereby waives diligence, presentment, protest and demand, notice of protest, dishonor
and nonpayment of this Note, and expressly agrees that, without in any way affecting the liability of
Maker hereunder, City may extend any maturity date or the time for payment of any installment due
hereunder, accept additional security, release any party liable hereunder and release any security now
or hereafter securing this Note. Maker further waives, to the full extent permined by law, the right to
plead any and all statutes oflimitations as a defense to any demand on this Note, or on any deed of
trust, security agreement, guaranty or other agreement now or hereafter securing this Note.
9. Recourse During ACQuisitionlRehabilitationand Non-Recourse After Filing of
Certificate of Completion. Following the timely completion of the construction of the Project, as
defined in the Loan Agreement, measured by the timely filing of a Certificate of Completion, nothing
herein contained shall be deemed to cause Maker (or any of its partners, or any of their respective
directors, officers, employees, partners, principals or members) personally to be liable to payor
perform any of its obligations evidenced hereby, and the City shall not seek any personal or
deficiency judgment on such obligations, and the sole remedy of the City with respect to the
repayment ofthe loan evidenced by this Note shall be against the Property; provided, however, that
the foregoing shall not in any way affect any rights the City may have (as a secured party or
otherwise) hereunder or under the Deed of Trust, or any other rights the City may have to: (a) recover
directly from the Maker any funds, damages or costs (including, without limitation, reasonable
attorneys' fees and costs) incurred by the City as a result of fraud, intentional misrepresentation or
intentional waste by Maker; or (b) recover directly from the Maker any condemnation or insurance
proceeds, or other similar funds or payments attributable to the Property which under the terms of the
Deed of Trust should have been paid to the City, and any costs and expenses incurred by the City in
connection therewith (including, without limitation, reasonable anorneys' fees and costs).
10. Late Charge.
In addition to the foregoing, if any installment due hereunder is not paid within thirty (30)
days from the date due, Maker promises to pay a "late charge" oftive percent (5%) of the installment
so overdue to defray the expense incident to handling any such delinquent payment or payments.
11. Severabilitv.
If any provision of this Note is determined to be void by court of competent jurisdiction, such
determination shall not affect any other provision of this Note, and such other provisions shall
remain in full force and effect.
12. Non-Waiver.
No delay in demanding or failure to demand performance hereunder shall constitute a waiver
by City of its right to subsequently demand such performance or to exercise any remedies for any
default hereunder. Further, in order to be effective, any waiver of any of City's rights and remedies
Neighborhood Stabilization Program
Cit y Council R\:solution No. 2009-_
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4-67
hereunder shall be expressed in a writing signed by City. Further waiver by City of any right
hereunder shall not constitute a waiver of any other right, including but not limited to the right to
exercise any ""d all remedies for a different or subsequent event of default hereunder.
13. Replacement Note.
The undersigned agrees that, in the event that this Note shall become lost or stolen, upon
request of City, the undersigned shall execute a replacement Note incorporating the terms hereof,
provided that City shall furnish a written agreement to indemnify the undersigned against all losses,
costs, and damages arising from a duplicative demand for payment under this Note.
14. Interpretation.
This Note shall be governed and interpreted in accordance with applicable California law.
15. Signature Authoritv.
AU individuals signing this Note for a party which is a corporation, a partnership or other
legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in any
other legal capacity, covenant to the Ciry that they have the necessary capacity and authority to act
for, sign and bind the respective entity or principal on whose behalf they are signing.
16. Subordination.
The indebtedness evidenced by this Note is and shall be subordinate in right of payment to
the prior payment in fuU of the indebtedness evidenced by a Prornissory Note (the "Senior Note") of
even date herewith in the original principal amount of$ issued by Maker, and payable
to the City of Chula Vista- and assigned to "Trustee"), or order, to the
extent and in the manner provided in that certain Subordination Agreement dated as of
between the payee of this Note, the City ofChula Vista, the Trustee, the maker of
this Note.). The Deed of Trust securing this Note is and shall be subject and subordinate in all
respects to the liens, terms, covenants and conditions of the Acquisition and Rehabilitation Deed of
Trust securing the Senior Note as more fully set forth in the Subordination Agreement. The rights
and remedies of the payee and each subsequent holder of this Note under the Deed of Trust securing
this Note are subject to the restrictions and limitations set forth in the Subordination Agreement.
Each subsequent holder of this Note shall be deemed, by virtue of such holder's acquisition of the
Note, to have agreed to perform and observe all of the terms, covenants and conditions to be
performed or observed by the Subordinate Lender under the Subordination Agreement.
[Signature Page to Follow]
N<:ighborhood Stabilization Program
Ci! y Council Resolution No. 2009-_
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Maker:
SAL"I' DIEGO COMl\fUNITY HOUSING CORPORATION
a California non-profit organization
By:
J. Robert St. Germain, Chief Executive Officer
7
San Diego Conununiry HOlJsing Corporation NSP Agreement_
4-69
Exhibit "A"
Residual Receipts Computation Form
In the event of any contradiction between this Exhibit A and the Loan Documents, then the Loan Documents
shall prevail.
Payments from Residual Receipts, if any, shall be made as described in the Promissory Note in accordance
with the Loan Agreement dated . The Maker shall annually provide the Commission a
Computation of Residual Receipts Report, which provides the basis for the Maker's calculation of the payment
or nonpayment of Residual Receipts to the City. The form of the Computation of Residual Receipts is
attached.
"Residual Receipts" is specifically defmed as the "Gross Revenue" (as defmed below) from the Project minus
the "Reasonable Operating Expenses" (as defined below) for the same period.
a. "Gross Revenue" shall mean all revenue, income, receipts, and other consideration actually received
from operation and leasing of the Project. Gross Revenue shall include, but not be limited to: all rents, fees
and charges paid by tenants, Section 8 payments or other rental subsidy payments received for the dwelling
units, all cancellation fees; proceeds from vending and laundry room machines; the proceeds of business
interruption or similar insurance to the extent not applied to the Bond Loan; the proceeds of casualty insurance
to the extent not utilized to repair or rebuild the Project or applied to the Bond Loan; and condemnation awards
for a taking of part or all ofthe Project for a temporary period to the extent not applied to the Bond Loan or
used to repair or restore the Project. Gross Revenue shall not include tenants' security deposits, loan proceeds,
capital contributions or similar advances or payments from reserve funds.
b. "Reasonable Operating Expenses" shall include any and all reasonable and actually incurred costs
associated with the ownership, operation, use or maintenance of the Property, calculated in accordance with
generally accepted accounting principles. Such expenses may include, without limitation, property and other
taxes and assessments imposed on the Project; premiums for property damage, liability and business
interruption insurance; utilities not directly paid for by the tenants including, without limitation, water, sewer,
trash collection, gas and electricity, maintenance and repairs including, without limitation, pest control,
landscaping and grounds maintenance, painting and decorating, cleaning, general repairs, and supplies; tenant
relocation costs and expenses; license fees or certificate of occupancy fees required for operation of the Project;
general administrative expenses directly attributable to the Property including, without limitation, advertising
and marketing, security services and systems, and professional fees for legal, audit and accounting; property
management fees and reimbursements including on-site manager and assistance manager expenses; any fees
and distributions payable to Maker's Investor Limited Partner pursuant to the Partnership Agreement,
including but not limited to the Cumulative Priority Distribution, as such terms are defmed in the Parmership
Agreement, debt service on any loan made to the Maker by any partner of the Maker to cover operating
expenses; a reasonable property management fee, cash deposited into a reserve for capital replacements of the
Project improvements and an operating reserve (and such other reserve accounts required with respect to the
Bond Loan) in such amounts as are required by the Bond IssuerILender and as may be reasonably required by
Project equity investors; tenant services costs; debt service payments (excluding debt service due to City from
Residual Receipts of the Project) on fmancing for the Project; reasonable supplemental management fees: and
payment of the Deferred Development Fee. In no event shall expenditures, including attorneys' fees or
litigation costs, normally required to be paid out of the Replacement Reserve, be treated as Reasonable
Operating Expenses unless specifically approved in writing by the City. For purposes of the foregoing
definition of "Reasonable Operating Expenses," any property management fee or partnership management fee
8
San DiegQ Communiry Housing CorpQration NSP Agreeffienl_
4-70
which is paid to Maker or an affiliate of Maker shall at no time exceed an amount as is customary and standard
for affordable housing projects similar in size, scope and character to the Project. Notwithstanding the
foregoing, for purposes of this calculation, Reasonable Operating Expenses shaH not include the foHowing:
principal and interest payments on any debt subordinate to the City Note (except debt service on loans made to
the Maker by a partner to cover operating expenses, as provided above), depreciation, amortization, depletion
or other non-cash expenses, incentive partnership asset management fees payable to the Maker or its affiliate
(other than the supplemental management fee described above), or any amount expended from a reserve
account. In the event that any of the above costs is incurred partiaHy with respect to the Project and incurred
partially with respect to the commercial retail development located on the Property, the parties shall mutuaHy
agree upon an allocable portion of such costs which shaH be deemed Reasonable Operating Expenses of the
Project for the purposes of this Agreement.
9
San Diego Commllnity Housing Corporation NSP Agreement_
4-71
COMPUTATION OF RESIDUAL RECEIPTS
FOR THE YEAR ENDli'lG
Maker:
Project Address:
Date Prepared:
Please complete the following information and execute the certification at the bottom of this form.
Gross Income
Please report Gross Income for the year ending
on the following lines:
Rental Payments (including Section 8 tenant assistance
payments, if any) (1)
$
Interest Income (2)
$
Additional Income Related to Project Operations (for
example, laundry income, and any other income from the project) (3) $
Total Gross Income (add lines 1,2, and 3) (4) $
10
San Diego CommuTlIty Housing Corporation NSP Agreement_
4-72
COMPUTATION OF RESIDUAL RECEIPTS
FOR THE YEAR ENDING
Annual Operating Expenses!
Please report Annual Operating Expenses incurred in relation to the operations of the Project for the year
ending on the following lines:
Administrative Expenses (5)
$
$
$
$
$
$
$
$
$
per year,)
$
$
per year.)
$ *
Marketing Expenses (6)
Professional Fees (7)
Utilities (8)
Contract Services (9)
Cleaning (Painting Supplies, Ground Supplies) (10)
Taxes and Insurance (11)
Other Expenses Related to Operations of the Project:
a) Other - City Monitoring Fees (12a)
b) Other - Service Amenities (12b)
(Note: in no event shall Service Amenities exceed $
c) Other - Replacement Reserves ($ per year (l2c)
d) Other - GP Asset Management Fee (l2d)
(Note: in no event shall Asset Management Fees exceed $
Total Annual Operating Expenses' (13)
(Add lines 5, 6, 7, 8, 9, 10, 11 and 12)
(Note: in no event shall this form's total Annual Operating Expenses (line 13) exceed the
$ lunit/year (with inflation adjustment) as specifically stated under the Promissory Note's
definition of "Operating Expenses" (at page 2 of the Promissory Note).
Net Operating Income (subtract line 13 from line 4) (14)
$
*
1 Do not include expenses unrelated to the Project's operations, such as depreciation, amortization, accrued principal and
interest expenses on deferred payment debt, or charges to replacement reserves.
11
San Diego Commuruty Housing Corporation NSP Agreemt.'Ilt_
4-73
COMPUT A nON OF RESIDUAL RECEIPTS
FOR THE YEAR ENDING
Debt Service On Loans Senior to City Loan: (15) $
Total Cash Flow (I6)
5
Residnal Receipts for Year Ending:
. (Line I6 Above) $
. Percentage of Residual Receipts to be
paid to the City (as shown in
tbe Promissory Note by and between
the City and Maker
dated ) X 50%
. Amount Payable to the City
5
*
IN ACCORDANCE WITH LOAN AGREEMENT SECTION 4.12, AUDITED FINANCIAL
STATEMENTS MUST BE ATTACHED TO TillS REPORT.
12
San Diego Community Housing Corporation :"lSP Agreement_
4-74
COMPUTATION OF RESIDUAL RECEIPTS
FOR THE YEAR ENDING
The Executive Director or Chief Financial Officer of the Maker shall execute the following
certification.
I, hereby, certify under penalty of perjury under the laws of the State of California that the information provided
in tbis form is true, complete, correct and accurate in all respects and I understand that the City of Chula Vista
will rely on this certification in calculating the residual receipts payments to which it is entitled. I further certify
under penalty of perjury under the laws of the State of California that the undersigned bavelbas the authority to
execute this certification and that sufficient and adequate due diligence has been performed by the undersigned or
at the undersigned direction to make these certifications. The undersigned further acknowledges that a false
statement made under penalty of perjury to a state agency has potential criminal consequences and ramifications.
Executed this _ day of
,20_ at Chula Vista, California
MAKER:
By:
(Print or Type Name)
(Title)
13
San Die~o Community Housing Corporation ;-.IS? Agre<:menl_
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EXHIBIT 3
NO CHARGE ON TillS DOCUMENT
FOR THE BENEFIT OF PUBLIC
AGENCY
Recording Requested By:
CITY CLERK
CITY OF CHOLA VISTA
276 FOURTH AVENUE
CHULA VISTA, CALIFORt'\ilA 91910
And When Recorded Mail To:
CITY CLERK
CITY OF CHULA VISTA
276 FOURTH A VEl'HJE
CHULA VISTA, CALIFORt'\ilA 91910
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
(NSP PROGRA.I\1)
TillS DECLARATION OF COVENA1~TS, COl"mITIONS AND RESTRICTIONS
("Declaration") is dated as ofthe _ th day of _, by San Diego Community Housing Corporation, a
California Non-Profit ("Declarant") in connection with that certain parcel of real property
("Property") located in the City of ChuJa Vista, County of San Diego, California, described in
Exhibit "A" attached hereto and incorporated herein by reference.
RECITALS
A. Declarant has acquired title to the Property, and will be rehabilitating, with the aid of
a Loan obtained from the CITY OF CHOLA VISTA, a public body, corporate and politic ("City" or
"City of Chula Vista"), a () unit housing project (the "Project"). One of the ~
units will be occupied as a manager's unit, and will not be income or rent restricted. (Insert if
property requires an onsite manager.
B. Concurrently with the recordation of this Declaration, the City is funding the Loan
secured by a deed of trust on the Property. The rehabilitation and acquisition fmancing of the Project
are described in the Loan Agreement dated , , including any amendments thereto
("Agreement"). This Loan is to assist Declarant in the acquisition and rehabilitation and operation of
the Project and is secured by a deed of trust ("Trust Deed"). The Agreement and Trust Deed by City
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was conditioned in part upon the recordation of a document setting forth certain restrictions upon the
use and sale of the Property.
C.
NOW, THEREFORE, Declarant hereby declares that the Property shall be subject to the
covenants, conditions and restrictions set forth below:
1. Restrictive Covenants.
(a) () NSP Units. Declarant agrees and covenants on behalf of itself and its
successors and assigns, and each successor in interest to the Property, that, residential dwelling units
at the Project shall be set aside and reserved as affordable NSP Units restricted pursuant to the NSP
Program CNSP Units") for fifty-five (55) years. The L-J NSP Units shall be rented only to
"Eligible Tenants" as further defined herein, whose income does not exceed fifty percent (50%) of
Area Median Income, as adjusted for family size. The maximum montWy rents for the
L-J NSP Units shall not exceed fifty (50%) of the montWy income ofa family earning
fifty percent (50%) of Area Median Income, as adjusted for farnily size appropriate for the unit. The
(~NSP units will be restricted for fifty-five (55) years under the NSP Program, thereafter
those NSP units shall be restricted as set forth in the Developer Agreement. For purposes of this
Declaration, the current annual median income shall be the median income defined by the
Department of Housing and Urban Development CRUD") as the then current median income for the
San Diego Standard Metropolitan Statistical Area, established periodically by HUD and published in
the Federal Register, as adjusted for family size. The rents and the occupancy restrictions shall be
deemed adjusted, from time to time, in accordance with any adjustments that are authorized by HUD
or any successor agency. In the event HUD ceases to publish an established median income as
aforesaid, City may, in its sole discretion, use any other reasonably comparable method of computing
adjustments in median income or NSP Program rents. Notwithstanding anything contained herein to
the contrary, to the extent any other restrictions applicable to the Property limit the rent and/or
occupancy of the Property, the most restrictive shall apply.
(b) Rent Adiustment. An adjustment of rents may be performed annually in accordance
with the rents contained in the applicable City or HUD rent schedules published by the City ofChula
Vista for the affected unit type and updated from time to time. However, in no event shall the rents
of the NSP Units, as adjusted, exceed the maximum rents chargeable for NSP Units. Further, the
rents charged shall be further limited as set forth in Paragraph 14, hereof.
(e) Certification of Eli2:ibilitv. The eligibility of each prospective tenant under the
restrictions set forth hereinabove shall be certified by Declarant which shall submit such certification
and all supporting documentation on forms provided to Declarant by City for a determination of
tenant eligibility, prior to tenant occupancy. No NSP Unit may be rented to a prospective tenant or
occupied by any person unless and until City has determined that the prospective tenant or occupant
is an Eligible Tenant (defmed above) as determined in accordance with the provisions set forth
below in Sections 3 and 4.
2. Affordable Marketin2: Plan Compliance. Declarant shall submit forthe approval of the City a
management and marketing plan for rental of all ofthe low income units at the Property except for
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the provisions describing selection of tenants, is hereby incorporated into this Declaration, as iffully
set forth herein. Notwithstanding the foregoing, to the extent the management and marketing plan
for rent of all of the low income units at the Property is subject to the review and approval of the
U.S. Department of Housing and Urban Development ("HUD"), Declarant agrees to submit such
plan to HUD for its review and approval and to make such changes as are required pursuant to any
regulations, policies and/or handbooks of HUD. Declarant's marketing of units shall be in
compliance with federal and state fair housing law. All tenants of each NSP Unit shall meet the
income requirements set forth herein and tenancy and eligibility shall be in conformance with the
terms and standards set forth in the approved management plan and affirmative marketing plan, as
may be amended from time to time. This Declaration shall supersede those requirements only to the
extent related to preferences for the selection of residents as specified in the Development
Agreement. Notwithstanding the Development Agreement, selection of residents shall be made
randomly within the following levels of priority, rather than on a first-corne, first-serve basis:
(a) First Priority. Households which are displaced from their primary residence as
a result of an action of City or Agency, a condominium conversion involving the household's
residence, expiration of affordable housing covenants applicable to such residence, or closure of a
mobile home or trailer park community in which the household's residence was located, and the
household resided in such housing as the household's primary place of residence for at least two
years prior to such action or event.
(b) Second Priority. Households which meet one of the following criteria: (i)
households which are displaced from their primary residence as a result of an action of City or
Agency, a condominium conversion involving the household's residence, expiration of affordable
housing covenants applicable to such residence, or closure of a mobile home or trailer park
community in which the household's residence was located, and the household resided in such
housing as the household's primary place of residence for at least one year but less than two years
prior to such action or event; (ii) households with at least one member who resides within the City,
as that person's primary place of residence; (iii) households with at least one member who works or
has been hired to work within the City, as that person's principal place of full-time employment; or
(iv) households with at least one member who is expected to live within the City as a result ofa bona
fide offer of employment within the City.
(c) Third Priority. Other Low Income Households who do not meet the criteria for
first priority or second priority above.
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(d) No Discrimination. No preference herein may be used for the purpose or
effect of delaying or otherwise denying admission to the Property or unit based on the race, color,
ethnic origin, gender, religion, disability, or age of any member of an applicant household.
(e) Use of Standard Screening Criteria. Nothing herein shall restrict Declarant
from screening tenants through the application of criteria which is lawful and customary in apartment
management in San Diego County and otherwise consistent with federal, state and local regulations
and restrictions related to the fmancing for the Project and HUD regulations.
3. Determination: Annual Requalification. Determination of tenant eligibility for the NSP Units
shaIl be as provided in Development Agreement, which section is hereby incorporated into this
Declaration, as if fuIly set forth herein. Notwithstanding the foregoing, Declarant agrees to comply
with any and all regulations, policies and/or handbooks of BUD, with respect to determination of
tenant eligibility with respect to the NSP Units to the extent the BUD requirements vary in any way
from the requirements of the Development Agreement. Failure by Declarant to timely comply with
the tenant qualification and requalification process described in this Paragraph 3 shaIl constitute a
material default under the Agreement.
4. This Section Intentionally Left Blank.
5. Relationship with Declarant. The term "Eligible Tenant" shaIl not include Declarant or any
individuals who are partners or shareholders in Declarant or in any entity having an interest in
Declarant or in the Property, or officer, employee, agent or consultant of the owner, developer or
sponsor.
6. No Student Dependents. The term "Eligible Tenant" shall not include any student dependent
as defined in the U.S. Internal Revenue Code, unless the taxpayer (upon whom the student in
question is dependent) resides in the same dwelling unit.
7. Income of Co-tenants. etc. The income of all co-tenants and/or non-dependent occupants
shall be taken into account in determining whether a household is an Eligible Tenant hereunder.
8. Over Income Tenants. In the event that a tenant who was properly certified as an Eligible
Tenant at the commencement of such tenant's occupancy ceases to be eligible, for any reason other
than a tenant being over income, Declarant shall give sixty (60) days written notice to such tenant to
vacate the NSP Unit. The vacated NSP Unit shall be rented to an Eligible Tenant. Notwithstanding
anything to the contrary in this Declaration, no occupant of a NSP Unit who previously and properly
qualified as an Eligible Tenant shaIl be evicted by Declarant because such occupant fails to requalify
as an Eligible Tenant, because such occupant exceeds the income limits set forth herein, except as
provided for in Section 92.252 of the Code of Federal Regulations, as amended from time to time.
Rather, the next available unit at the Project that is not then a NSP Unit shall be designated as a NSP
Unit to replace the NSP Unit of the occupant in question. Further, subject to the HOME rents set
forth in City's NSP Plan, such occupant shaIl commence paying rent equal HOME rents (as that
term is defmed in 24 C.F.R. 992.203), effective from and after the date of such failure to requalify, as
further described in Paragraph 9(b) and (d), hereof. The over-income tenant shall continue to be
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considered an Eligible Tenant until evicted. When a NSP Unit Eligible Tenant's gross income
exceeds the "low income" definition as defined in CFR 92.252(i), then the. tenant shall commence
paying rent equivalent to thirty percent (30%) of the Tenant's adjusted income, subject to the fair
market rent ceiling as set forth in HOME Regulation 92.252(i) and the next available comparable
sized and configured unit shall be designated as a NSP Unit. The tenant shall continue to be
considered an "Eligible Tenant" until evicted, provided this continued occupancy otherwise complies
with all applicable NSP Program requirements. When the NSP and Tax Credit Funds are involved,
an over-income tenant shall be governed by the Tax Credit Program provisions for so long as tax
credits are involved. Thereafter, the NSP and HOME rules specified in this agreement shall apply.
9. Phvsical Condition ofNSP Units. The NSP Units shall be maintained as provided in the
Development Agreement, which section is hereby incorporated into this Declaration, as i[fully set
forth herein. Notwithstanding the foregoing, after completion of the Project, Declarant shall
continually maintain the NSP Units in a condition which satisfies the Housing Quality Standards
promulgated by HUD under its Section 8 Program, as such standards and interpreted and enforced by
City under its normal policies and procedures. City shall have the right to inspect the NSP Units
from time to time, on reasonable notice and at reasonable times, in order to verifY compliance with
the foregoing maintenance covenant.
10. City Monitoring Functions. It is contemplated that, during the term of this Declaration, City
will perform the following monitoring functions: (A) preparing and making available to Declarant
any general information that City possesses regarding income limitations and restrictions which are
applicable to the NSP Units; (B) reviewing the applications of prospective occupants of the NSP
Units, and determining eligibility of such persons as Eligible Tenants; (C) reviewing the
documentation submitted by Declarant in connection with the annual certification process for
Eligible Tenants described in subparagraph (l)(a)(i) and (iii) above; and (D) inspecting the NSP
Units to verifY that they are being maintained in accordance v.ith Paragraph 9 above.
Notwithstanding the foregoing description of City's functions, Declarant shall have no claim or right
of action against City based on any alleged failure to perform such function, except that Declarant
may reasonably rely upon City's tenant eligibility determination.
II. Designation of NSP Units. The L-.-J NSP Units, will be designated prior to initial
occupancy at the discretion of City. Such designations may be changed by Declarant, provided that
the units before and after the change in designation are of the same unit types, size, features and
otherwise comply with the terms of24 C.F.R. :)92.2520)..
12.. Compliance with NSP and Local Regulations. Declarant shall comply with all regulations,
policies and procedures promulgated by BUD, or by City in connection with the NSP Program, under
which the Loan is being made to Declarant. Declarant's failure to so comply shall constitute a
material default hereunder, entitling City to the remedies set fonh in Paragraph 24, below.
13. Successors Bound. Declarant covenants, for itself and its successors and assigns, not to sell,
transfer, assign or otherwise dispose of ownership of the Property without the written consent of the
City whose approval shall not be reasonably withheld or delayed. Any prospective purchaser,
transferee or assignee shall expressly promise in writing to be bound by all ofthe provisions hereof,
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including the covenant in this Paragraph 13 to require successors to expressly assume the obligations
herein. It is expressly acknowledged that the covenants and restrictions set forth herein shall survive
any repayment of the Loan. Further, the obligations of Declarant hereunder shall be deemed
independent of Declarant's obligations under the Loan.
14. Maximum Rent To Be Collected bv Declarant. In no event, shall all of the rent, including the
portion paid by the Eligible Tenant and any other person or entity, collected by Declarant (the "Total
Rent") for any rent restricted unit exceed the amount of rent set forth herein. Total Rent includes all
payments made by the Eligible Tenant and all subsidies received by Declarant. In the case of persons
receiving Section 8 benefits, who are Eligible Tenants, Declarant acknowledges that it shall not
accept any subsidy or payment that would cause the Total Rent received for any restricted unit to
exceed the maximum rents allowed herein, for any NSP Unit. Should Declarant receive Total Rent
in excess of the allowable maximum rent set forth herein, then the provisions of the Development
Agreement
15. Loan Pavrnents. Annual payments as referenced in the Agreement shall be made to City as
provided in the Agreement.
16. Term. This Declaration and the covenants and restrictions contained herein shall be effective
upon the completion of the acquisition and rehabilitation of the units and shall remain in full force
and effect for a period fifty-five (55) years from their effective date with respect to the portion of
Section 2, above, relating to preferences for selection of tenants. Completion of acquisition and
rehabilitation shall be the date upon which a temporary certificate of occupancy is issued for all units
within the Project.
17. Covenant Ag:ainst Discrimination. Declarant covenants on behalf of itself and its successors
and assigns, and each successor in interest to the Property, not to discriminate against any tenant or
prospective tenant of any NSP Unit on the basis of their race, age, sexual orientation, marital status,
color, religion, sex, handicap, or national origin, as referenced in all applicable state, local and
federal law.
18. Compliance with Loan Ag:reement. Declarant covenants on behalf of itself and its
successors and assigns, and each successor in interest to the Property that it shall comply with all
terms and conditions of the Agreement and such terms and conditions shall be incorporated herein by
this reference.
19. Enforcement. Declarant expressly agrees and declares that City or any successor public
agency is a proper party and shall have standing to initiate and pursue any and all actions or
proceedings, at law or in equity to enforce the provisions hereof and/or to recover damages for any
default hereunder, notwithstanding the fact that such damages or the detriment arising from such
default may have actually been suffered by some other person or the public at large. Further, City or
any successor public agency shall be the proper party to waive, relinquish, release or modify the
rights, covenants, obligations or restrictions contained in or arising under this Declaration.
20. Attorneys' Fees. In the eventthat any litigation for the enforcement or interpretation of this
Declaration, whether an action at law or arbitration or any manner of non-judicial dispute resolution
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to this Declaration by reason oftbe breach of any condition or covenant, representation or warranty
in this Declaration, or otherwise arising out of this Declaration, tbe prevailing party in such action
shall be entitled to recover from the otber reasonable attorneys' fees to be fixed by the court which
shall render ajudgrnent, as well as the costs of suit.
2 I. Severability. In the event tbat any provision or covenant of this Declaration is held by a court
of competent jurisdiction to be invalid or unenforceable, then it shall be severed from the remaining
portions of this Declaration which shall remain in full force and effect.
?? Covenants to Run With the Land. The covenants contained herein shall constitute
"covenants running with the land", and shall bind the Property and every person having an interest
therein during tbe term of this Declaration. Declarant agrees for itself and its successors that, in tbe
event that, for any reason whatsoever, a court of competent jurisdiction determines tbat the foregoing
covenants do not run with the land, such covenants shall be enforced as equitable servitudes against
the Property.
23. Recordation. This Declaration shall be recorded in tbe Office of County Recorder of San
Diego, California.
24. Remedies. In the event of any breach of this Declaration by Declarant and/or the City the
rights and remedies of Declarant and the City shall be as set forth in the Development Agreement
shall apply witb respect to the same. The Development Agreement is hereby incorporated into this
Declaration, as if fully set forth herein.
25. Mortgagees Protection. No violation or breach of the covenants, conditions, restrictions,
provisions or limitations contained in this Declaration shall defeat or render invalid or in any way
impair the lien or charge of any permitted deed of trust recorded on the Property provided, however,
that any subsequent owner of the Property shall be bound by the covenants, conditions, restrictions,
limitations and provisions of this Declaration, whether such owner's title was acquired by
foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise.
26. ProperlY Management. The Property and the NSP Units shall be maintained and operated as
provided in tbe Developer Agreement. which section is hereby incorporated into this Declaration, as
if fully set forth herein.
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27. Lease Provisions. Declarant agrees that it will include in all of its leases and cause its
successors in interest to include in all of their leases, all provisions required under the terms of the
NSP Program, including the following provisions:
(a) Additional Lease Provisions! Annual Income Verification. Lessee agrees, upon
written request from the Landlord or the City, to certify under penalty of peIjury the accuracy of all
information provided in connection with the examination or reexamination of annual income of the
tenant's household. Further, tenant agrees that the annual income and other eligibility requirements
are substantial and material obligations of the tenancy and that the tenant will comply promptly with
all requests for information with respect to the tenancy from the landlord and/or City. Further, tenant
acknowledges that tenant's failure to provide accurate information regarding such requirements
(regardless of whether such inaccuracy is intentional or unintentional) or the refusal to comply with
the request for information with respect thereto, shall be deemed a violation of this lease provision,
and a material breach of the tenancy and shall constitute cause for immediate termination of the
tenancy.
(b) Term of Lease for NSP Units. LESSEE has been made aware by Landlord that the
unit being leased was assisted with NSP funds. Under the provisions of24 CFR 92.253, a lease must
be for a period of not less than one (l) year unless the parties agree by mutual agreement that the
term of the lease be less. The Lessee acknowledges by initialing in the space below that it has been
made aware of the provisions of24 CFR 92.253.
28. Section 42 of the Internal Revenue Code
(a) Section 42(h)(6)(E)(ii) of the Internal Revenue Code does not permit the eviction or
termination of tenancy (other than for good cause) of an existing tenant of any low-income unit or
any increase in the gross rent with respect to such unit not otherwise permitted under Section 42 for
three (3) years after the date the Property is acquired by foreclosure or deed in lieu offoreclosure.
(b) Notwithstanding anything to the contrary contained herein or in the Agreement or any
of the Loan Documents, City acknowledges that pursuant to Section 42 of the Internal Revenue
Code, the Project will be subject to a regulatory agreement by and between Declarant and the
California Tax Credit Application Committee (the "TCAC Regulatory Agreement"). City further
acknowledges and agrees that the terms and conditions of the TCAC Regulatory Agreement may
impose rental restrictions that are more strict than the restrictions set forth herein, and compliance by
Declarant of any such stricter rental restrictions set forth in the TCAC Regulatory Agreement shall
not constitute a default hereunder or under the Agreement or any of the Loan Documents.
29. Signature Authoritv. All individuals signing this Declaration for a party which is a
corporation, a partnership or other legal entity, or signing under a power of attorney, or as a trustee,
guardian, conservator, or in any other legal capacity, covenant to the City that they have the
necessary capacity and authority to act for, sign and bind the respective entity or principal on whose
behalf they are signing.
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30. Priority. This Declaration is subordinate and subject to the Acquisition/Rehabilitation
Deed of Trust, executed by the Declarant in favor of the Trustee named therein for the benefit of
("Trustee") and recorded concurrently herewith, and is
otherwise subject to the terms and conditions of that certain Subordination Agreement recorded
concurrently herewith and executed by the Declarant, the City of Chula Vista.
31. No Novation: Conflicts Between Agreements. None of this Declaration, the Agreement, the
Trust Deed or any other document being executed in conjunction herewith or therewith is a novation
of, and do not supersede or otherwise amend all or any part of the Affordable Housing Agreement,
the terms of which are hereby ratified and agreed to by Declarant, In the event of any conflict
between all or any part of the Development Agreement and this Declaration, the terms of this
Declaration shall apply.
Declarant:
San Diego Community Housing Corporation
A Non-Profit Organization
By:
J. Robert St. Germain, Chief Executive Officer
CITY OF CHULA VISTA,
A public body, corporate and politic
By:
James D. Sandoval, City Manager
Approved as to form:
By:
Bart Miesfeld, City Attorney
ATTEST:
By:
Donna Norris, City Clerk
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ACKNOWLEDGMENT
State of California
)
)
)
County of San Diego
On , 200_, before me, personally appeared,
personally known to me (or proved to me on tbe basis of
satisfactory evidence) to be tbe person(s) whose name(s) is/are subscribed to tbe within instrument
and acknowledged to me tbat he/she/tbey executed tbe same in hislher/tbeir autborized capacity(ies),
and that by his/her/tbeir signature(s) on the instrument the person(s), or tbe entity on behalf of which
the person( s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(Seal)
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ACKNOWLEDGMENT
State of California
)
)
)
County of San Diego
On , 200_, before me, personally appeared,
personally known to me (or proved to me on the basis of
sarisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in ruslher/their authorized capacity(ies),
and that by hislher/their signature(s) on the instrument the person(s), or the entity on behalf ofwruch
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(Seal)
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ACKl'lOWLEDGMENT
STATE OF CALIFOR.t'lIA )
) S.S.
COUNTY OF SAN DIEGO )
On , 20_ before me, Donna Norris, City Clerk, personally appeared
, who proved to me on the basis of satisfactory evidence to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument, the person, or the entity
upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State ofCalifomia that the foregoing
paragraph is true and correct
WITNESS my hand and official seal
Donna Norris, CMC
City Clerk of the City of Chula Vista
(SEAL)
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APN:
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Cir y Council Resolution No. 2009-_
Exhibit "A"
Legal Description
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4-88
CITY COUNCIL
AGENDA STATEMENT
~lft-- CllYOF
. ~ --- (HUlA VISfA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
SEPTEMBER 15, 2009, Item~
RESOLUTION OF THE CITY COUNCIL OF CHULA VISTA
APPROVING THE DO\VNTOWN DISTRICT PARKlNG
MANAGENIENT STRATEGY, ACCEPTING BIDS AND
AWARDING THE CONTRACT FOR PARKlNG DISTRICT
MANAGEMENT AND ENFORCEMENT TO ACE-PARKlNG
MANAGENIENT INC.
ORDINANCE OF THE CITY COUNCIL OF CHULA VISTA
MODIFYING CHULA VISTA MUNICIPAL CODE
CHAPTER 10
ORDINANCE OF THE CITY COUNCIL OF CHULA VISTA
EXPANDING THE PARKlNG DISTRICT BOUNl)ARIES
DEPUTY CITY MAt'\JAGtftff;:VELOPNIENT SERVICES
DIRECTOR NJ-...."
CHIEF OF POLI~
CITY MANAGL1
4/STHS VOTE: YES 0 NO ~
BACKGROUND
In May 2006, the City of Chula Vista began a three-phase process to improve the City's
only parking district, which was established in 1963 and now provides more than 1,700
public parking spaces through surface parking lots, on street metered spaces, and a
parking structure. This process involved three phases.
Phase I
Phase II
Phase III
Preparation of the Parking Management Study
Adoption and implementation of the Interim Action Plan
Adoption of a Downtown Parking Management Plan
The ftrst phase was a comprehensive study of the district's management and operations
which resulted in a report that outlined recommendations and improvements to address a
long history of deferred maintenance, outdated policies and practices and management
issues. This information served as the basis for the second phase which was the Interim
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SEPTEMBER 15,2009, Item 6"
Page 2 of 6
Action Plan and its thirteen recommendations to address management concerns and
increase revenue for the maintenance of the Parking District. The fInal phase of this
process culminates in the presentation of this Parking Management Strategy, which
outlines a series of recommendations that further promote the concept of parking as part
of a larger multi-modal transportation system and .discusses opportunities for more
effectively managing and integrating parking as a community amenity.
ENVIROI\'MENT AL REVIEW
The Environmental Review Coordinator has reviewed the proposed actIvIty for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the approval of the Parking Management Strategy is not a "Project" as defmed under
Section 15378 of the State CEQA Guidelines because it involves a governmental fiscal
activity which will not result in a potentially significant physical impact on the
environment. Therefore, pursuant to Section 15060 (c) (3) of the State CEQA Guidelines
the activity is not subject to CEQA.
RECOMMENDATION
That the City Council adopt and/or approve the following:
a) Resolution approving the Downtown District Parking Management Strategy,
accepting bids, and awarding the contract for Parking District Management and
Enforcement to Ace Parking Management Inc.;
b) Ordinance modifying Chula Vista Municipal Code Title 10; and
c) Ordinance modifying the Parking District Boundaries.
DISCUSSION
Parking is an important component of a thriving transportation system that includes many
modes of transportation such as driving, walking, bicycling and public transit and should
be addressed as a component of this system envisioned for Chula Vista. Realizing a
District that is effectively managed, generates revenue for capital improvements and
maintenance, and successfully provides convenient and reasonable parking opportunities
for customers, visitors and employees are the ongoing objectives of this process.
Parking Management Strategy
Recommendations in the Parking Management Strategy support the General Plan Update
CGPU') and the Urban Core Specific Plan ("UCSP") vision of creating a Park Once
environment by implementing the following goals for the Parking District:
. Provide safe, accessible and convenient parking to support downtown
businesses
. Encourage multi-modal transportation opportunities such as bicycling,
walking and transit
. Improve the level of service, equipment and infrastructure in public parking
areas
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SEPTEMBER 15, 2009, Item~
Page 3 of6
The underlying premise of the strategies presented herein is to support a more walkable
downtoV;TI community and promote the Park Once concept while being cognizant of the
continued need and desire of residents and visitors to use their automobiles. Parking is a
necessary and important amenity in the dO\VTItown area however, providing new parking
is not the overarching goal. The objective is to effectively manage existing parking,
create new parking opportunities through shared parking agreements and partnerships and
provide continued oversight and improvement to more successfully address the parking
needs of our community.
Following is a summary table of the more significant recommendations proposed in the
Parking Management Strategy:
Cateaorv
Management
Recommendation
. Transfer management to a professional parking firm
. Authorize a City Parking Administrator at 25% time
. Maintain the Parking Working Grou
. Develop new policies that promote shared parking and
address valet parking needs
. Modify existin residential ermit and in-lieu fee olicies
. Develop comprehensive marketing program
. 1m lement ca ital im rovement rogram
. Transfer enforcement to a professional parking firm
. Transfer parking citation processing and administrative
hearings to a professional arking firm
Policies
Operations
Enforcement
Contract Services
The most significant change being recommended through the Parking Management Strategy
is to contract the management, enforcement and landscaping services to a professional
parking firm. In light of the results of the Parking Study, additional review of the District's
performance and the experience of having implemented some of the management
improvements, staff determined that contracting out these services is beneficial to the
District, its businesses, employees and customers.
There were two areas of needed improvement noted both within the Parking Study results
and by the community. One is a lack of consistency from enforcement. The disadvantage
of utilizing the City's Police Department is that they are multitasked personnel with
parking enforcement officers often being reassigned to higher priority tasks. Utilizing an
independent contractor for parking enforcement services allows for consistent service,
and the contract proposed also includes modern equipment and technology that will
provide more efficient access to the public.
Contracted enforcement personnel will issue citations for violations of municipal parking
regulations and be responsible for locating and reporting vehicles to be impounded or
immobilized as a result of the vehicle's driver having a specified number of delinquent
parking citations. They will also report any unlawful act, condition or deficiency, which
may pose a hazard or danger to the general public. Police department personnel may
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SEPTEMBER 15, 2009, Hem 5
Page 4 of 6
continue to perform parking enforcement duties as workloads allow in addition to the
contract parking personnel.
The other identified area for improvement is the overall management and day-to-day
operation of the parking district. There are currently multiple departments and staff that
work on some aspect of implementing the parking programs, however, only with the
approval of the Interim Action Plan was a specific City staff person assigned as the
Interim Parking Administrator to oversee parking district functions, prepare the Parking
Management Strategy, and staff the Parking Working Group. The parking program
includes meter collection, enforcement, processing citations, the residential permit
program, landscaping, meter maintenance, signage, striping, policy recommendations,
implementation of various parking programs. The advantage of having a professional
parking firm manage the day-to-day operations is that it streamlines the process and
provides a clear point of contact for the public resulting in improved customer service.
On March 9, 2009, staff released a Request for Formal Proposal (RFP) to provide contract
parking management,' enforcement and landscaping services for the City of Chula Vista
Parking District. The Finance Department Purchasing Division received seven sealed bids
by the deadline of March 23, 2009, at 1 p.m. A selection committee comprised of
representatives from the Finance Department, Police Department, the Interim Parking
Administrator and a member of the Parking Working Group reviewed each of the proposals
and conducted interviews with three firms, including Ace Parking and two local Chula Vista
firms.
After careful review and consideration, staff is recommending that Ace Parking
Management Inc. be approved as the contract firm with their contract commencing July
1, 2009. The total cost of the contract is approximately $185,000 for the first year of
operations and approximately $200,000 in subsequent years. . The proposed parking firm
offered a $12,000 reduction in their management fees during the first year of operation.
During the first year of operations with contract management and enforcement, staff does
not anticipate any cost savings but does expect increased customer service. In future
years, the District should realize savings that will help implement additional
improvements in the public parking areas.
If approved by the City Council, Ace Parking Management Inc. will be responsible for
hiring, compensating (pay & benefits), training, scheduling and disciplining, and firing of
their personnel. The company will supply properly marked uniforms, equipment and
vehicles approved by the police department. In the proposed agreement, Ace Parking
will provide one part-time and one full-time Parking Enforcement Representative (PER)
and one part-time meter maintenance and collection representative. One PER will work
from 9:00 a.m. to 6:00 p.m. Monday to Saturday. Should the need arise, the City can
amend the agreement and add additional personnel.
Ace Parking Management Inc. is partnering with two subcontractors including the Third
Avenue Village Association who will provide landscaping services in the public parking
areas, and iParq, a local company, providing integrated parking management solutions
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SEPTEMBER 15,2009, Item :;-
Page 5 of 6
that include handheld ticket\VTiters, financial transaction processmg, adjudication and
data management.
Municipal Code Modifications
Changes are being proposed to Chula Vista Municipal Code Title 10 Vehicles and
Traffic to facilitate contracting enforcement services and to provide clarification and
general clean-up of certain parking related definitions and regulations. The proposed
modifications are attached as Attachment B.
District Boundary Ordinance
To implement the expanded Parking District Boundaries, as approved in the Interim
Action Plan, an ordinance is being presented as an accompanying action to this report.
BOARDS/COMMISSION RECOMMENDATION
As part of the implementation of the Interim Action Plan, the Parking Working Group
held its first meeting in February 2008 and has met more than 20 times during the last
year. This volunteer group has been intimately involved in developing its understanding
of parking management strategies and operations and reviewing and providing
recommendations to improve the City's parking district. Additionally, these volunteers
have served as "parking ambassadors" to the community at large by educating, providing
real time information to fellow residents and business owners, and representing the
community on parking issues. The Parking Working Group was an integral parmer in
developing the Parking Management Strategy and the recommendations incorporated
within.
Although the Interim Action Plan approved the formation of a formal Parking
Commission, the Parking Working Group has requested that the group not be formalized
as a City board or commission. The Working Group would like to continue working with
City staff and contract staff in implementing the Parking Management Strategy.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found a conflict
exists, in that Councilmember Castaneda has property holdings within 500 feet of the
boundaries of the Parking District, which is the subject of this action.
CURRENT YEAR FISCAL IMP ACT
The adopted FY 2010 budget projects revenues of approximately $568,000 and
expenditures of approximately $546,000. The expenditures include $191,000 for contract
services, $133,000 for City staff services (including $40,000 for the Parking
Administrator), $120,000 for capital improvements, and $30,000 as repayment to the
Redevelopment Agency.
In fiscal year 2010, the General Fund will realize approximately $155,700 less revenue
from staff time charges to the Parking Meter Fund when compared to the prior fiscal year
as a result of transitioning the parking district management and enforcement to ACE
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SEPTEMBER 15,2009, ItemL
Page 60f6
Parking. The shortfall in reimbursements from the Parking Meter Fund may be mitigated
through increased parking enforcement efforts outside of the Downtown Parking District.
ONGOING FISCAL IMP ACT
The projected future Parking District budgets will include revenue of approximately
$600,000 and expenditures that include an approximate amount of $200,000 for contract
services, $65,000 for City staff services, $150,000 for capital improvements and loan
repayment of $133,500 to the Redevelopment Agency.
The General Fund will realize approximately $223,600 less revenue from staff time
charges to the Parking Meter Fund when compared to fiscal year 2009 as a result of
transitioning the parking district management and enforcement to ACE Parking
Management Inc. The shortfall in reimbursements from the Parking Meter Fund may be
mitigated through increased parking enforcement efforts because the enforcement staff
currently assigned to the parking district will now be enforcing outside the district. Due
to limited staffing there has been minimal parking enforcement available outside of the
district.
ATTACHMENTS
A. Parking Management Strategy
B. Strikeout Version of CVMC Chapter 10
C. Clean Version ofCVMC Chapter 10
D. Contract for Parking Management and Enforcement Services with ACE
Parking, Inc.
Prepared by: Diem Do, Interim Parking Administrator
5-6
Attachment A
Downtown Parkina District Parkina Manadement Strateav
September 2009
DOWNTOWN PARKING DISTRICT
PARKING MANAGEMENT STRATEGY
Prepared for:
City of Chulo Vista
September 2009
Prepared By:
Diem T. Do
Interim Parking Administrator
Development Services Department
276 Fourth Avenue
Chula Vista, CA 91910
Chula Vista Redevelopment Agency
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Downtown Parkina District Parkina Manaaement Sfrateav
September 2009
EXECUTIVE SUMMARY
Purpose of the Report
The Downtown Parking District ("Parking District") is an arena that provides opportunity
to further the vision and goals outlined in the 2005 General Plan Update ("GPU") and
the Urban Core Specific Plan ("UCSP"). A map of the Parking District is attached as
Exhibit A. Both plans incorporate many concepts and elements of smart growth that
directly impact and affect continued management and development of the Parking
District. The GPU specifically includes the following foundational concepts:
. Use parking management to better utilize parking facilities and implement
policies to reduce parking demand before considering public expenditures for
additional parking facilities;
. Provide parking facilities that are appropriately integrated with land uses;
maximize efficiency; accommodate alternative vehicles; and reduce parking
impacts;
. Evaluate the use and applicability of various strategies to provide parking;
. Ensure that parking facilities are appropriately site and well-designed in order
to minimize adverse effects on the pedestrian-oriented environment, and to
enhance aesthetic qualities;
. Promote the use of non-polluting and renewable alternatives for mobility
through a system of bicycle and pedestrian paths and trails that are safe,
attractive and convenient forms of transportation; and
. Reduce traffic demand through Transportation Demand Management (TDM)
strategies, increased use of transit, bicycles, walking and other trip reduction
measures.
The USCP "strives to create pedestrian-friendly destinations in the Urban Core. Although
mobility in many forms is encouraged and needed throughout the Urban Core, the
hierarchy of emphasis is: pedestrian, bicycle, transit, and finally, the automobile....For
Third Avenue, the pedestrian takes precedence and vehicle speeds are reduced." One of
the primary goals of the UCSP is to promote improvements and changes that will result in
the gradual transition to a "park once/walk many" environment. The parking supply
needs to adequately address the demand but "should not overshadow the primary goal
of creating a vibrant pedestrian friendly urban core." The UCSP further describes various
tools to achieve a balance of parking spaces and policies that more effectively address
parking needs and provide new opportunities to ease parking needs. Those include
minimizing the number of required parking spaces at identified transit nodes and mixed-
use areas; expanding the Parking District boundaries to better align with the Village
boundaries; and expanding the in-lieu parking fee program.
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Goals
Recommendations in this report support the GPU and UCSP vision of creating a Park
Once environment by implementing the following goals for the Parking District:
.
Provide safe, accessible and convenient parking to support downtown
businesses
.
Encourage multi-modal transportation opportunities such as bicycling, walking
and transit
.
Improve the level of service, equipment and infrastructure In public parking
areas
The underlying premise of the strategies presented herein is to support a more walkable
downtown community and promote the Park Once concept while being cognizant of the
continued need and desire of residents and visitors to use their automobiles. Therefore,
parking is a necessary and important amenity in the downtown area. However,
providing new parking is not the overarching goal. The object is to effectively manage
existing parking, create new parking opportunities through shared parking agreements
and partnerships and provide continued oversight and improvement to more successfully
address the parking needs of our community.
Background
In 2007, a Parking Study was completed by Rich and Associates (URICH"). This Study
included an analysis of the District's parking conditions, including occupancy and
turnover. A matrix summary of those recommendations and their status is attached as
Exhibit B. Chapter 3 of the Study also provided recommendations and strategies to
achieve 0 more effective and efficient parking district. Subsequently, the City Council
approved the Parking District Interim Action Plan in November 2007, which directed staff
to implement 13 significant changes in the management and operations of the
Downtown Parking District.
This report summarizes improvements that have already been implemented, describes
recommendations from the Parking Study, and provides new recommendations and
strategies to improve and enhance overall parking management in the Parking District
that support the City's overall vision for a vibrant walkable community that includes an
effective parking system as one of its amenities.
Management
Since 1963 the City has maintained the Parking District and dedicated the funds
generated from parking revenue back into the District to create new parking and fund
improvements. The City remains dedicated to the original intent of the District, to provide
an adequate number of spaces through an effectively managed parking system.
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One of the octions approved through the Interim Action Plan was the expansion of the
Parking District Boundaries, which will be formalized with the adoption of an ordinance.
No property tax assessment will be levied on any new properties included in the
expanded boundaries, and it will continue to function in the same manner as the existing
district. New parking meters will be installed on Church Avenue between Center and
Madrona Streets to discourage drivers from circling the area in search of what is currently
free on-street parking surrounded by public metered lots. Staff will continue to monitor
other areas where meters may be appropriate and/or where the residential permit
program may alleviate parking impacts.
It is recommended that day-to-day management of the parking program be transferred
to a professional parking management firm that would be responsible for both
management and enforcement. Chula Vista has managed the Parking District since its
inception, and it has required significant resources and staff time in an arena that is very
specialized and technical. By hiring a professional parking management company, the
City is providing its citizens, customers, and visitors with a system and technology that is.
efficient and promotes greater access to the parking system. City staff will work closely
with the parking firm and will maintain overall administration of the Parking District.
The management functions that the firm will be responsible for include: maintenance and
collection of the parking meters, maintenance and landscaping of the parking areas,
collection of meter revenue, administration of the parking permit program and the smart
card program, work with the Parking Working Group and report to the City's Parking
Administrator. The enforcement functions will be described later.
Should the City Council authorize the outsourcing of parking management and
operations, a City Parking Administrator should be dedicated at approximately 25% time
to oversee the contract, serve as liaison to the community and organizations regarding
parking issues and staff the Parking Working Group. The FY 2010 Parking District
budget has allocated funds to cover this position along with additional City staff who will
be involved during the transition period and as continued oversight of the management
firm. FY 2010 will be the first year that the Parking District pays for any portion of the
Administrator position.
The Interim Action Plan approved the formation of a Parking Commission. However, to
facilitate input and participation earlier in the implementation process, a Parking
Working Group ("Working Group") was established in March 2008 and has been
attended by a dedicated group of eight private citizens volunteering their time and
participating in more than 20 meetings to review the Parking Plan, make
recommendations, oversee improvements in the District and provide input and guidance
on parking issues. The Working Group members have expressed a desire that the
Working Group continue in an advisory capacity to implement the recommendations
contained within this Parking Management Strategy, and to review, monitor and provide
input to staff regarding all parking-related activities in the District. However, the Working
Group has also indicated its preference that the structure not be formalized as a
committee, board or commission to allow for continuity of the existing members and to
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Downtown Parkina District Parkina Manaaement Strateoy
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maintain the more informal structure of the Working Group. Staff supports this proposal
and recommends that the City Council authorize the Working Group to function in its
current capacity.
Policies
The underlying vISion and policy of the Parking District is to efficiently use the eXisting
parking supply by furthering the UCSP strategy of "Park Once" through (a) a common
pool of shared, publicly available spaces and (b) encouraging private commercial
parking to be shared among different land uses and availablEl to the public when not
serving private commercial use. This strategy should be implemented through the
following policies:
. Prohibit or discourage private parking in new development, except for
residential spaces. Make public parking lots available to downtown shoppers
and employees and encourage leasing of spaces in nearby public lots and the
Park Plaza garage to private businesses for designated hours and days of the
week when required.
. Purchase or lease existing private parking from willing sellers and add this
parking to the shared public supply-as needed.
. Facilitate shared parking in existing parking lots wherever feasible.
Existing City parking policies that should be modified include:
. Residential Permit Program: Consolidate it within the City parking program
instead of having a separate department administer.
. Employee Permit Program: Reduce the permit fees.
. In-lieu Parking Fee: Simplify the formula and increase the per space amount to
be more commensurate with the actual cost of construction. The Working
Group and staff will provide recommendations in the near future regarding
this policy.
New policies should also be considered to address the changing needs of the downtown
area including a valet parking program that utilizes public parking and/or shared
parking agreements for specific businesses and uses. The Parking Administrator and the
Working Group should be responsible for developing, recommending and implementing
future policies.
Operations
The key operational recommendations outlined in the RICH Study addressed marketing,
signage, the condition of City parking lots, the improvement of pedestrian activity
through the enhancement of paseos, and the possible development of a validation
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progrom. The City hos oddressed a maiority of these recommendations in the past year
through the following:
. A new sign program was developed, ond significantly more signs were
installed in the public porking areas
. Staff developed a comprehensive capital improvement program that addresses
parking lot surfaces, striping/painting, ADA compliance, landscaping, lighting
and signoge. FY 2009 was the first year that a Capital Improvement Proiect
(CIP) was created to specifically address the condition and improvement of
parking areas. Additional funds, generated from Parking District revenue, are
being allocated through the FY 2010 budget.
. The enhancement of paseos is being coordinated with the City's efforts through
the Third Avenue Streetscape Master Plan.
. Businesses can now purchase smart cards that are rechargeable, and in turn,
provide them to shoppers and clients as a form of validation system
. The City engaged in significant marketing of the District through Star News
ads, flyers distributed directly to local businesses, presentations to community
organizations such as the Third Avenue Village Association, Crossroads and
the Chamber of Commerce, and email and direct mail. This is an area where
staff is looking at additional avenues and possible partnerships.
In addition to changes already implemented, there are a number of other others that
require additional consideration and modification that include the following:
. Implement a comprehensive landscape maintenance program in the public
parking areas. The proposed contracting for this service should address this.
. A comprehensive marketing program should be implemented. This program
should include information on the City's website including maps, data and up-
to-date parking announcements and news. The program should be designed
so that porkers can easily access parking information including: maps of public
parking locations, meter rates, citation rates, appeals process, and contact
information.
a Annual community meetings to report out on parking district activities should
also be held
. Coordination with the City's Third Avenue Streetscape Master Plan should
continue to promote improvements in the paseos and to enhance connectivity
between public parking areas, Third Avenue and the downtown businesses
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.
Consider partnerships and sponsorships with businesses and organizations
that provide information and promote local retail opportunities
,I
An area that requires additional review is parking lot entry and exit configuration. Lots 2,
6, 9 and 10 have confusing access points and are not efficiently designed. Based upon
current occupancy levels and the estimated cost to reconfigure each lot to make
necessary improvements, consideration of possible future development may be
warranted. Far example, lot 6 is a small lot of 8795 so that provides 27 parking spaces
and has an average occupancy rate of 46%, with 33% of that being permit holders. The
current configuratian only has one ingress and egress point coming from a one-way
alley. Visual observations have shown that most parkers make an illegal left turn into the
alley to access the lot. To provide a new entry point into the lot, grade and re-seal the lot
would cost nearly $200,000, based upon a 2008 estimate prepared by the City's
Engineering Department. Annually, this lot generates approximately $2,500 in meter
revenue. Additional analysis and recommendations for specific modifications will be
discussed by the Working Group and presented to the City Council for future
consideration.
,I
,
!I
Enforcement
The City has addressed the recommendations from the RICH study as follows:
. Overtime parking fine was increased from $12 to $25
. City continues to issue multiple tickets, when necessary
. City issued courtesy tickets and flyers during installation of new meters.
. City will consider policy of courtesy ticket to first time violators as part of
transfer to new enforcement
The recommended parking management firm that will oversee the day-to-day
management will also provide parking enforcement. The Parking Enforcement Officer
(PEO) will be an employee of the parking firm and will be dedicated solely to
enforcement within the District. The PEO is only authorized to enforce Chula Vista
Municipal Code violations (not State Vehicle Code) and will not be authorized to work in
any other area of the City.
The PEO will utilize a state-of-the-art handheld ticket writer with an integrated camera
and built-in printer. These ticket writers will increase the efficiency of the overall parking
system because of their ability to download critical Department of Motor Vehicles
information regarding number of tickets a vehicle has received, stolen vehicle and
outstanding warrants. This information will assist the PEO in providing better customer
service. For example, a PEO may note that a vehicle is registered to a rental car
company and has never received a citation in the City. The PEO may opt to provide a
courtesy ticket to the tourist/visitor instead of a citation, thereby providing important
information to the parker about local parking regulations and promoting a positive
customer service experience for the visitor.
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A photo will be taken at the issuance of every citation and will be downloaded directly to
the website. Photographic evidence of violations has been proven to significantly reduce
the number of appeals submitted. The website can also be utilized to submit payments
for citations via credit card, which is not currently an available option. Additionally, the
website can be utilized to submit an appeal and to purchase parking permits. There will
be a separate website linked to the City's website that will provide general parking
information to the public.
Parking and Revenue Control
In October 2008, the majority of parking meters were replaced in the District.
Approximately 1,127 individual meters were replaced in all the public lots (except lot #1
and the Norman Park Center) with lOCale C 1 04 Compact multi-space meters. These
new meters are solar powered with battery back up and accept credit cards, park cards,
and coins. This modernization helped address the issue of having three different types of
meters, many of which were non-functioning and more than 30 years old. One of the
benefits of the multi-space meters is the connection to a web office system that
automatically notifies staff if there are issues or repairs required, resulting in quicker
response time. The removal of the individual meters has resulted in a less cluttered
parking area while providing more payment options.
At this same time, the five hundred (500) on street individual meters were also
modernized to POM individual meters that are battery operated and accept coins and
park cards. The plastic domes were replaced and the meter poles were cleaned and new
time limit and informational decals installed. In the future, the City should consider
replacing the individual meters with multi-space meters to provide the same benefits
being offered in the public lots.
Meter rates and the parking permit fee rate were also modified to bring the rates more in
line with reasonable expenses incurred for the management and improvement of the
parking system. The rates were increased from $0.1 O/hour to $0.25/hour for 10-hour
meters and from $0.25/hour to $0.50/hour for all other time allocations. Respectively,
the quarterly parking permit fee was increased from $54 to $135 utilizing the same
formula as previously calculated, which is based upon an employee or business owner
parking 9 hours per day 5 days per week during 12 weeks in a quarter. The parking is
enforced six days a week, however, the calculation does not reflect this, which effectively
provides a discount for the purchase of a permit.
The City should consider raising the rate for 2-hour meters from $0.50 to $0.75 in the
future. This would impact approximately 500 on-street meters and help alleviate some of
the parking congestion. It also would create a tier between the on-street and off-street 4-
hour meter rates. Occupancy of the 4-hour spaces appears to have decreased because
it is currently priced the same as the 2-hour spaces, which are more conveniently located.
The turnover and occupancy should be monitored to determine if and when a rate
change is warranted.
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Changes were also made to the parking allocation in the District. All 1 O-hour spaces on-
street were changed to 2-hour spaces. Public lots #2, 5, and 9 were changed to 4-hour
lots. Priar to these modifications many of the lots contained both four and ten hour
spaces, which was confusing for porkers. In the future, the City may consider adding 30-
minute parking at the ends of each block to provide very short term parking. The rate for
these spaces should be higher, at $0.25 per 15 minutes.
New motorcycle parking areas were incorporated into lots #2, 3, 5, 6, and 9. These
areas are designated motorcycle parking only, and there is no charge for motorcycles to
park in these areas. The development of these areas often incorporated underutilized
space. In the future, designated free motorcycle parking should be incorporated on-
street. This will work in tandem with bicycle parking to encourage visitors and local
businesses to utilize other forms of transportation.
Parking Facilities
The Park Plaza Parking Structure continues to be significantly underutilized, particularly
given this location provides free parking to the public and is primarily surrounded by
metered parking. Staff has met with the proposed management firm and discussed
possible improvements to the Structure; including lighting, painting, re-striping, and
signage. New ADA compliant signage was installed in late 2008. A conditions study
should be prepared that provides a prioritization schedule for improvements and cost
analysis.
Bicycles as an Alternate Mode of Transportation
The UCSP supports increased bicycle activity in downtown Chula Vista. Efforts are being
coordinated through the Third Avenue Streetscape Plan and the Chula Vista Bicycle
Master Plan to install new bicycle furniture and develop safe routes to increase bicycle use
through the downtown area.
Parking Requirements for Current and Future
The Parking District currently provides an overall adequate number of both public and
private parking spaces for customers and visitors. The City should consider shared use
agreements for private parking areas that may alleviate parking needs and concerns
during peak occupancy and in areas of the District where there is a deficit. For example,
special weekly and annual events such as the farmers' market and Lemon Festival would
benefit from having additional parking available from businesses such as churches.
Additionally, the City needs to address the proliferation of banquet and event halls on
Third Avenue that require a significant amount of parking for several hours during
primarily weekend days.
The Rich Parking Study observed that several blocks had a deficiency of parking. Some of
those issues appear to have been alleviated by modifying the time allocations in the
public parking lots and the closure of the former Social Security Office. Some of the
blocks that have deficits are due to a lack of private parking. For example, the
Congregational Tower has a small private parking area that does not accommodate the
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parking needs of its residents. The result is that many residents park their vehicles long-
term in the surrounding public parking lots and streets reducing the number of available
spaces for customers and visitors. In this case, promoting the park card, implementing
pedestrian improvements to improve walkability and access, and enhancing and
marketing the availability of free parking in the Park Plaza Parking Structure would
increase parking availability and more effectively address the needs of more long-term
porkers and downtown residents.
The City should continue to monitor both occupancy and traffic flow and make changes
as necessary. Monitoring should occur every 3-5 years or upon maior development
within the area.
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0'
',,',":'" 0,"
,
,
", ,
~ 10 Hour Time Umit
[.f~{i:",l Free Pa rking
Downtown Parking Distrid
Time Allocatiom
5-17
Parking Management Strategy: Recommendation Matrix
3.1.0 Downtown
Parking District
Status and
Boundaries
The Downtown Parking
District was tarmed in 1 963
to provide meters, generate
revenue, tund improvements
and help control parldng.
3.1.1 Parking Staff The management ot the
parking system Is not
effective.
U1
I
~
(Xl
3.1.2 Parking
Enterprise Fund
3.1.3 Parking
Education
The District has fultilled its
obligation to continue to use
tunds generated by parking
meter revenue and tines on
parking-related activities.
Maintain the District and modify the
boundaries to E Street (north), Del Mar
(east). Garreff (west) and H Street (south)
Form a Parking Advisory Committee (PAC)
and appoint an existing staff person trom
the City's Community Development
Department to act as the Parking
Administrator
Create one Parking Enterprise Fund and
place all revenue generated trom the
Downtown District into this tund. Continue
to designate these funds tor parking-
related activities within the District.
Develop an educational program that
continually stresses the costs ot parking,
enforcement reguiations, transit options
and the vision ot a walkabie community.
Present the information on a continual
basis.
Staff and the City Attorney's office has reviewed the requirements
tor adding parking meters and expanding the District boundaries
and determined that since no assessment is being proposed to the
affected properties, expansion may be implemented with the
approval of the appropriate ordinance. Intormationai notices will
be mailed to affected property owners.
An Interim Community Parking Working Group tormed in February
2008. The Working Group has expressed a desire to maintain its
intormal structure but to continue working with stott in
impiementing the Parking Management Strategyand reviewing
ongoing District operations. An
Interim Parking Administrator was appointed January 2008. Should
the City contract the meter collection, maintenance and
enforcement a Parking Administrator should be assigned at
approximately 25% time. Sllould the City elect not to contract
these functions then a City staff person should be dedicated at
approximately 75% ttme.
There are two Parking District accounts. The meter revenue and,
the City's portion of overtime parking citation fees are deposited in
one, and parking in-lieu fees are deposited In the other. The
accounts are soiely for parl<ing-related expenditures within the
District
The interim Parking Administrator has attended the monthly TAVA
Board meetings and other community meetings to presents
updates regarding the District. A comprehensive and ongoing
educational program should be developed and presented to the
community on a regular basis.
Page 1
Parking Management Strategy: Recommendation Matrix
3.2.0 City Parking
Policies
3.2.1 In-Lieu Fee
5fl.2 Valet
Pefklng
<J:)
3.2.3 Residential
Parking Permit
Other than the in-lieu fee,
there are no policies for
parking
The in-lieu fee policy was
implemented in 1980. The
formula lor calcuiating the
fee is confusing and
oufdated.
Valet parking is not currently
used
There is no residential
parking permit in place.
Parking policies need to be developed
and updated as the downtown evolves.
Policies should be established for overtime
parking, enforcement strategies, parking
allocation and parking rates.
Retain the program but revise the farmula
so that the cost per parl<ing space be
indexed 10 the cost of constructing one
parl<ing space in a parking structure.
City should deveiop a valet parking policy
to regulate how valet operations would
run.
Evaluate the Impact of parking needs on
surrounding residential areas and
implement a residential parking permll
program if necessary
3.2.4 Reporting to There has been a lack of
the Community information shared between
the City and stakeholders.
Prepare an annual report to be presented
to the City Council and community on an
annual basis.
Staff recommends thai occupancy and turnover of public pari<ing
areas be monitored every 3-5 years, or upon significant
development, to determine if and when additional changes may
be warranted in regards to enforcement, parking allocation and
rates.
The current rate 01 $1 ,7 50 is too low and Is based upon a
percentage of land value necessary to construct a space.
Current land and construction costs should be determining factors
In establishing a reasonable In-lieu lee amount. A revised formula
will be provided for City Council approval. The expenditure of
these funds should only be utilized for the development of new
parking. The In-lieu fee program boundaries should be modified
to match the district boundaries.
A policy should be established that addresses the potential need
for valet parking. Specifically, it is recommended that the policy
assist in addressing the parking needs of the many banquet halls
in the District.
There is a residential permit program In place that is implemented
by the Engineering Dept. This program should be coordinated the
Parl<ing Administrator and/or parking firm to ensure that eiigible
households are participating. Additionally, staff should monitor
areas in the City that may warrant this program.
The annuai report should contain financial information regarding
income and expenditures, a summary of significant changes in
the District and data regarding occupancy and usage.
Page 2
Parking Management Strategy: Recommendation Matrix
3.3.0 Parking
Revenues and
Expenses
3.3.1 Marketing
3.3.2 Slgnage
Parking revenues have been
erratic. particularly from
2002 to present
There is no ongoing
marketing campaign for fhe
Parking District.
The City is lacking In a
comprehensive and
coordinated sign program.
3.3.3 Condlttan 01 The majority of the parking
~y Parking Lots lots are in need of capital
'" improvements
o
3.3.4 Exlsllng
Parking Area
Configuration
3.3.5 Paseos
3.3.6 Validation
System
Generally, the design and
layout of the parl<ing lots is
efficient except for Lot 6
Prepare a Parking District Operating
budget that projects appropriate costs for
maintenance of the District.
Develop an ongoing and budgeted
parking marketing program. Coordinate
with TAVA to Impiement under the
direction of the Parking Advisory
Committee.
Develop a sign program that includes four
types of signage: direction, iocation,
Identification and pedestrian wayfinding.
Make lighting, painting, signage,
landscaping and resurfacing
improvements as necessary.
Remove the one-way restriction In the
alley to allow legal access into Lot 6
and/or create an entry from Madrona.
Downtown Chula Vista has a
number of paseos
connecting parking lots to
Third Avenue. Many of them
need improvements to mal<e
them more attractive and
inviting.
Tile District does not currently Institute a parking validation system that
have a validation system in businesses can use to offer free parking to
place. customers.
Insfall signage to better identify paseos.
Consider using lighting, murals and
landscaping 10 create a more inviting
walking experience.
Staff continues to project and maintain an annual operating
budget.
The City has advertised via the Star News, flyers, email alerts and
letters to business and property owners. In coordination with the
parking management firm, staff will develop and implement a
marketing program tllat includes more consistent information
through such avenues as the City website.
New signs Incorporate the new City colors and repiace the old
wood signs, many of which were In disrepair. There is significantly
more signage in the parking lots to provide information to parkers.
Additional signage needs are reviewed on a continual basis.
FY 2009 was the first year that capitallmprovemenls were funded
through the budget Additional monies have been proposed in the
Fy 2010 budget. Staff has inspected each lot to determine a
priority of repairs and budget to begin improvements. As part of
this program,Grounds Maintenance Specifications have been
prepared, and will be implemented via the management
contract.
Engineering staff has developed preliminary designs and cost
estimates for restructuring Lot 6. Lots 2 and 9 also warrant
reconfiguration to make them more accessible. Certain iots may
provide opportunities for future development.
Staff is coordinating with the Third Avenue Streetscape Master Plan
determine access and ownership of these sites. Staff will meet with
the community to consider types of improvements and work with
the private owners for permission to make changes in the paseos.
The smarl card program is an excellent tool for business owners to
promote their businesses and "validate" for customers as they can
purchase and distribute ttlese cards to their clientele. The smart
cards are accepted at the individual and multi-space mElle(Jl'J 3
Parking Management Strategy: 'Recommendation Matrix
3.4.0 Parking
Enforcement
Stalling
3.4.1 Handheld
Ticket Writers
3.4.2 Overtime
PClklng Fine
I
""
~
3.4.3 Multiple
Tickets
3.4.4 Courtesy
Ticket
The Parking Enforcement
Program is not funclioning at
optimal efficiency. 1he
enforcement officers do not
just enforce parking within
the District.
The handheld ticket wrilers
are not being used to their
full potential.
The overtime parking fine of
$12.00 is not high enough to
discourage parkers from
knowingly violaling parl<ing
regulalions.
Chula Vista currently issues
multiple ticl<ets for same day
violations of expired meters.
Chula Vista does not
currently issue courtesy
tlckels.
Dedicate enforcement personnel to the
District. The officer must cover a
consistent route and enforce during the
entire enforcement period of Monday
through Saturday 9 am to 5 pm.
Upgrade the system to allow the handheld
Iicket writers to record and track license
plates. provide Information about
outstanding tickets and number of tickets
received and data regarding stolen
vehicles and warrants.
Increase the overlime parking fine from
$12.00 to $50.00 consistent with the
parking Violation Penalty Schedule
Continue fhis pOlicy of issuing muitiple
ticl<ets
Issue courtesy tickefs for a first offense of a
non-permit vehicle.
In 2008. the Police Department provided dedicated enforcement
staff to the District. Staff recommends contracling the enforcement
and requiring the outside firm to provide consistent and
professionai staff. Outside enforcement will be authorized to issue
citations only for CVMC violations.
The professional management firm being recommended was
primarily selected due to the state-of-the-art equipment and web-
based applications that not only provide all the recommended
services but also provide photographic evidence for each vehicie
cited. easy online payment and appeal processes for the
consumer and a barcode system that is automated and efficient.
The City Council approved an Increase to $25 per infraclion
through the Interim Action Pian in November 2007. It was
implemented March 17, 2008.
The City continues to issue multiple tickets when necessary.
The City has Issued courtesy notices/tickets in the past. Staff will
consider implementing a courtesy ticket to first-time violators of
parl<ing violations within the District in coordinalion with the new
contract firm.
Page 4
Parking Management Strategy: Recommendation Matrix
3.5.0 On-Street
Parking
3.5.1 Off-Street
Parking
3.5.2 Parking
Rates
CJ1
I
N
N
3.5.3 Parking
Allocation
Meters need to be replaced.
Many are non-functioning.
This causes enforcement
Issues.
The off-street parking lots
have individual meters that
are difficult to maintain for
both collection and
maintenance.
The parl<ing rates do not
deter people from parking
beyond the posted limits nor
do the rates promote the use
of the Park Piaza Parking
Structure.
The District has two different
types of on-street meters: 30-
minute and 2-hour
Purchase new individual on-street meters
that can accept coins, tokens and smart
cards. ideally the system would be
wireless and solar powered.
Install muiti-space meters in lots #2, #3,
#5 and #7. These machines can accept
coins, tokens and smart cards and should
be wireless and solar powered. The
remainder of the lots could be upgraded
to new individual meters.
Increase tile parking rates for meters and
permits to SO.50/hr at 30-minute and 2, 3,
and 4 hour meters. Increase to SO.25/hr at
1 a-hour meters. increase permits to
S120/qtr in all lots except #2 and #3
where the increase shouid be S180/qtr.
The 2-hour parking should be the
dominant duration for on-street parking.
Individuals requiring more than 2 hours
should be directed to off-street parking
areas. For Lots #2 and #3 convert to 3-
hour fime limits
New individual POM meters were installed in October 2008 that
accept coins and smart cards. They are battery operated.
New Cole MP 104 Compact pay and display meters were installed
In all lots except number #1, #4 (Parl< Plaza Parking Structure) and
the Norman Park lot. They are solar powered and wireless. They
accept credit cards, smart cards and coins.
Effective October 6, 2008, parking rates were increased to
SO.25/hr for 1 a-hour meters and SO.50/hr for 2 and 4-hour meters.
Staff has been monitoring the occupancy rafe, and It appears
that because the 2 and 4 hour meters are both priced at
SO.50/hour, fewer people are parking in the 4-hour lots, and more
people are parking on-street. Additional changes may be
'warranted in the future after continued moniforing and review.
On-street parking Is predominantly 2-hour parking. The 1 a-hour
spaces that were located on-street were changed to 2-hours. Lots
#2, #5 and #9 were converted to 4-hour lots, and the remainder
of lots are 1 a-hours. Staff will continue fa monitor occupancy and
turnover and re-evaluate if additional modifications are
warranted.
Page 5
Parking Management Strategy: Recommendation Matrix
3.6.0 Park Plaza
Parking Structure
3.6.1 Meter Color
Coding
3.6.2 Street Curbs
The parking structure is
critically underutilized wilh
average occupancy
projected at 40%.
The existing meters are not
marked 10 indicate the time
limit. which is confusing tor
parkers.
The slreel curb painting is
inconsistent.
Upgrade signage, improve lighting, re-
stripe the parking floors, conduct a
conditions sludy and complele needed
structural and cosmetic repairs and
consider adding an elevator.
Designate a color to represent each lime
limit then painl the pole to identify the
meler.
Street curbs shouid only be painted for no
parking where required and for fire
11ydrate locations. Curbs should not be
painted 10 reflect the Iype of parking
available.
Staff has been working with Park Piaza management to develop
and impiement improvements 10 address the existing conditions
and address community perception regarding the safety of the
structure. Police reports indicale an average of two calls tor
service per month at the struclure, which is considered a low
incident role.
As the majority of indlviduai meters are 2-hour limit, this seems
redundant. Atractive and easy-Io-read decals indicating the time
limit wiil be installed on the meler poles to assist parkers.
There is only one short curb section that Is painted indicating time
limit because it is the only area with 15 minute parking. This was
an accomodation granted to the retailer because of tile nature of
their business. Staff recommends thaI this painted curb remain.
3.7.0 BICYCling os
an Alternative to
DrivIng
3.7.1 Bicycle
Parking
There is a need to promote Consider creating a bike route to the
bicycie usage in Chula Vista downtown and creating a marketing
and to make coming to the program to promote bicycie use as an
downlown by bicycle more alternative to driving. Create a special
appealing. event to promote bicycles in an effort to
help create alternative modes of
transporlation, which in turn cuts down on
the number of parking spaces needed.
Chula Vista does have
bicycle racks, although they
are difficult to find.
Install new bicycle racks and institue a
marketing program 10 promote the new
locations.
The Engineering Department has expressed concern about
creating a bike route on Third Avenue because of the diagonal
parking. Staff wiil continue to work with staff to evaluafe the
opportunities for Integrating this area in the Bikeway Master Pian.
Slaff is coordinating the design and location of new bike racks
with the Third Avenue Slreetscape Master Plan initiative currently
underway.
Page 6
Parking Management Strategy: Recommendation Matrix
3.6.0 Traffic
Impacts
There are currently no noted
issues with respect to traffic.
3.6.1 Current
Parking Analysis
Overall. tllere is a surplus of
approximately 1 .1 03 parking
spaces within the Study Area.
However, there are several
blocks (2.3,9, 10 and 12)
tllat have a deficit.
5f8.2 Potenllal
.llQrklng Impact of
EfJAs
RICH reviewed lots 3,6.9 and
10 to determine the impact
ot development. All the lots
had moderately high
occupancy levels, but lots 6,
9, and 10 had mare
available surrounding
parking to alleviate any loss
of parking.
3.6.3 Potenllal Tile Urban Core Specific Plan
Future Parking may hasten redevelopment
Neesd wllh along Third Avenue, causing
Redevelopment of changes to the parking
Third Avenue demand.
Continue to monitor traffic flow wllhin the
downtown and the ievels of service at
princlpie intersections as development
occurs and parking Changes/additions
are impiemented,
Direct customers and visitors to park in
Parl< Plaza. to alleviate parking demand an
blocks 2,3 and 12. The deticlts an blocks
9 and 10 should be reduced when the
Social Security office relocates and more
people utilize the free parking in Park
Plaza.
Maintain lot 3 as public parking.
Developing lots 6,9, and 10 should have
minimal impact, but if the surrounding
parking areas cannot absorb the loss of
parl<ing consider entering into shared use
agreements with existing parking lots or
develop new parking,
Future parking needs will depend greatly
on redevelopment in the downtown area.
II ENA sites are developed, utilize
proceeds from the sale of parking lots for
necessary capital improvements. The City
will need to continually monitor
development and parking needs.
Staff recommends that traffic flow be monitored every three years,
or upon significant development In the downtown.
Staff recommends that additional review be conducted to
determine If there is a higher occupancy rate based upon the
changes Implemented In the District. Additional marketing should
be implemented to advertise the availability of free parking.
There are no active Exclusive Negotiating Agreements for any ot
the public lots. Due to the high cost to reconfigure lot #6, its
location and small size, staff recommends that the Cily consider
selling this sife for residential/mixed-use development, Other lots
may provide possible development opportunities, particularly if
public parking can be integrated on-slle.
Staff recommends continued oversight and monitoring of the
district and updating occupancy and turnover studies to ensure
adequate parking availability.
Page 7
~ -- -
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Parking Management Strategy: Recommendation Matrix
~.'&~fi ." ~.c:~,:--J,!t$~i-M~..'ft' A . ~-e9
3.8.4 Possible There Is currenlly no need to Monitor parking needs and consider
Parking Structure construct additional parking. identified sites for possible development of
Sites Although. RICH did consider parking structures in the tuture, if
potential parking structure necessary.
sites if needed in the future.
U'1
t
'"
U'1
Page 8
Attachment B - Strikeout Version of CVMC Chapter 10
5-26
Sections:
1008010
1008020
10.08030
10.08031
1008.032
1008033
1008.034
10.08040
10.08.050
1008060
10.08.070
1008080
10.08090
10.08.095
1008.100
1008.110
10.08.120
10.08.130
10.08.140
10.08.145
10.08.146
10.08.147
10.08.150
10.08.155
10.08.160
10.08.170
10.08.180
10.08.190
10.08.195
10.08.200
1008210
10.08.215
10.08.216
10.08.220
Chapter 10.08
DEFINITIONS'
Definitions.
Alley.
Bicycle.
Bicycle dealer.
Bicycle lane.
Bicycle path.
Bicycle route.
Bus.
Bus loading zone.
Business district.
Council.
Crosswalk.
Curb.
Cyclist.
Divisional island.
Holidays.
Loading zone.
Official time standard.
Park or parking.
Parking control measure.
Parking control device.
-Parkinq enforcement. Contract.
Parking meter, Individual.
-Parkinq meter, Multi-space.
Parkway.
Passenger loading zone.
Pedestrian.
Police officer.
Regulation
Stop or stopping.
Taxicab stand.
Traffic control measure.
Traffic control device.
Vehicle Code.
For statutory definition of terms in the Vehicle Code, see Veh. Code S 100, et seq.
10.08.010 Definitions.
The following words and phrases, when used in this title, shall for the purpose of this title have the
meanings respectively ascribed to them in this chapter. Words and phrases defined herein in the
language of the Vehicle Code of the state of California shall be cited by the section number of said
Vehicle Code as indicated. Whenever any words or phrases used herein are not defined herein but
are defined in the Vehicle Code and amendments thereto, such definitions shall apply. (Ord. 2670
S 1, 1996; Ord. 973 S 1, 1966; prior code S 19.1.3).
10.08.020 Alley.
5-27
"Alley" means any public highway, having a roadway not exceeding 25 feet in width, which is
primarily used for access to the rear or side entrances of abutting property. (Cite Section 110 Vehicle
!Code) (Ord. 2670 S 1, 1996; Ord. 973 S 1, 1966; prior code S 19.1.3(A)).
,
; 1 0.08.030 Bicycle.
: "Bicycle" means any device upon which any person may ride, propelled by human power through a
belt, chain or gears, and having either two or three wheels in tandem or tricycle arrangement,
excepting therefrom any such device not more than three feet in height, used by small children. (Ord.
;2670 s 1, 1996, Ord. 1830 S 1, 1978; Ord. 973 S 1, 1966; prior code S 19.1.3(B)).
,10.08.031 Bicycle dealer.
"Bicycle dealer" means any person, firm, partnership or corporation which is engaged wholly or
,partly in the business of selling bicycles, or buying or taking in trade bicycles for the purposes of
'resale, selling or offering for sale, or otherwise dealing with bicycles, whether or not such bicycles are
'owned by such person or entity. The term also includes agents or employees of such person or entity.
,(Ord. 2670 S 1,1996; Ord. 1830 S 1, 1978).
,10.08.032 Bicycle lane.
: "Bicycle lane" means any lane within the roadway designated by signs and markings for the
:operation of bicycles (Ord. 2670 S 1, 1996; Ord. 1830 S 1, 1978).
10.08.033 Bicycle path.
. "Bicycle path" means any specifically designated area for bicycle travel, physically separated from
the roadway. (Ord. 2670 S 1, 1996; Ord. 1830 S 1, 1978).
'10.08.034 Bicycle route.
"Bicycle route" means any route recommended for bicycle travel, which may include bicycle paths
and public streets for accommodating bicycle riders. (Ord. 2670 S 1, 1996; Ord. 1830 S 1, 1978).
'10.08.040 Bus.
"Bus" means any motor vehicle, other than a motor truck or truck tractor, designed for carrying
more than nine persons including the driver and used and maintained for the transportation of
passengers. (Cite Section 233 Vehicle Code.) (Ord. 2670 S 1, 1996; Ord. 973 S 1, 1966; prior code
S 19.13(C)).
10.08.050 Bus loading zone.
: "Bus loading zone" means the space adjacent to a curb or edge of roadway reserved for the
exclusive use of buses during loading and unloading passengers. (Ord. 2670 S 1, 1996; Ord 973 S 1,
1966; prior code S 19.1.3(D)).
10.08.060 Business district.
"Business district" means that portion of a highway and the property contiguous thereto:
A. Upon one side of which highway, for a distance of 600 feet, 50 percent or more of the
contiguous property fronting thereon is occupied by buildings in use for business; or
" B. Upon both sides of which highway, collectively, for a distance of 300 feet, 50 percent or more of
the contiguous property fronting thereon is so occupied.
A business district may be longer than the distances specified if the above ratio of buildings in use
:for business to the length of the highway exists. (Cite Section 235 Vehicle Code.) (Ord. 2670 S 1,
i 1996; Ord. 973 S 1, 1966; prior code S 19.13(E)).
10.08.070 Council.
"Council" means the council of the city of Chula Vista. (Ord. 2670 S 1, 1996; Ord. 973 S 1, 1966;
p~or <;;o.d~.S 19. 1)(f)L u___._ ... . .... . ____ .
5-28
10.08.080 Crosswalk.
"Crosswalk" means:
A. That portion of a roadway included within the prolongation or connection of the boundary lines of
,sidewalks at intersections where the intersecting roadways meet at approximately right angles,
'except the prolongation of such lines from an alley across a street; or
B. Any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings
'on the surface.
Notwithstanding the foregoing provisions of this section, there shall not be a crosswalk where local
authorities have placed signs indicating no crossing. (Cite Section 275 Vehicle Code.) (Ord. 2670 S 1,
,1996; Ord. 973 S 1,1966; prior code S 19.1.3(H)).
10.08.090 Curb.
"Curb" means the lateral boundary of the roadway, whether such curb be marked by curbing
,construction or not so marked; the word "curb" as herein used shall not include the line dividing the
roadway of a street from parking strips in the center of a street or from tracks or rights-of-way of
public utility companies. (Ord 2670 S 1, 1996; Ord. 973 S 1, 1966; prior code S 19.1.3(H)).
"
il 10.08.095 Cyclist.
11 "Cyclist" means any bicycle operator. (Ord. 2670 S 1, 1996; Ord. 1830 S 1, 1978).
10.08.100 Divisional island.
"Divisional island" means a raised island located in the roadway and separating opposing or
conflicting streams of traffic. (Ord. 2670 S 1, 1996; Ord. 973 S 1, 1966; prior code S 19.1.3(1)).
1 ().Q8.11 0 Holidays.
"Holidays," within the meaning of this chapter, are the first day of January, the third Monday in
January, the twelfth day of February, the third Monday in February, last Monday in May, the fourth
day of July, the first Monday in September, the ninth day of September, the second Monday in
October, the eleventh day of November, the twenty-fifth day of December and Thanksgiving Day.
When any of the holidays listed in this section fall on Saturday, the preceding Friday shall be deemed
to be a holiday in lieu of the day observed, and when any of the holidays listed in this section fall on
,Sunday, the following Monday shall be deemed to be a holiday in lieu of the day observed. (Ord.
2670, 1996; Ord. 2638 S 1, 1995; Ord. 1663 S 1, 1976; Ord. 973 S 1, 1966; prior code S 19.1.3(J)).
10.08.120 Loading zone.
. "Loading zone" means the space adjacent to a curb reserved for the exclusive use of vehicles
during the loading or unloading of passengers or materials. (Ord. 2670 S 1, 1996; Ord. 973 S 1, 1966;
prior code S 19.1.4(K))
10.08.130 Official time standard.
: Whenever certain hours are named herein, they mean standard time or daylight saving time, as
. may be in current use in the city. (Ord. 2670 S 1, 1996; Ord. 973 S 1, 1966, prior code S 19.1.3(L)).
10.08.140 Park or parking.
"Park" or "parking" means the standing of a vehicle, whether occupied or not, otherwise than
temporarily for the purpose of, and while actually engaged in, loading or unloading merchandise or
passengers. (Cite Section 463 Vehicle Code.) (Ord. 2670 S 1, 1996; Ord. 973 S 1, 1966; prior code
S 19.1.3(M)).
10.08.145 Parking control measure.
"Parking control measure" means any program, method or system used to regulate the parking of
vehicles. It incl.udes_!~_f:) installati.on of a parking control device. (Ord. 2670, 1996).
5-29
: 1 0.08.146 Parking control device.
; "Parking control device" means and includes any sign, marking, curb painting or similar device
used to regulate the parking of vehicles, as recognized and prescribed in the California Vehicle Code'
and the state of California Traffic Manual. The term may be used interchangeably with "sign" within
,this title. (Ord. 2670, S 1, 1996).
.10.08.147 Parkinq enforcement. Contract.
"Contract Fnforcement" shall mean anv dulv oualified company that the City has entered into a
contract with and approved by the Chief of Police to provide enforcement of CVMC Chapters 1052.
10.56 and 10.60 relatinG to CVMC infractions onlv in the parkinG zones.
10.08.150 _Parking meter, Individual.
"Individual pP-arking meter" means a mechanical device installed within or upon the curb or
sidewalk area immediately adjacent to a parking space for the purpose of controlling the period of
time for the occupancy of such parking space by any vehicle. lOrd 2670 Ei 1, 1996: Ord. 973 i:, 1,
1966: priorcodei:, 1913IN)).
10.08.155 ParkinG meter, Multi-space.
"Multi-space parkinG meter" means a mechanical device installed within the parkinq zone for the
purpose of controllinG the period of time for the occupancy of multiple parkinG spaces. (Ord. 2670
S 1; 1996; Ord. 973 S 1, 1966; prior code S 191.3(N)).
10.08.160 Parkway.
"Parkway" means that portion of a street other than a roadway or a sidewalk. (Ord. 2670 S 1, 1996;
Ord. 973 S 1, 1966; prior code S 19.1.3(0)).
10.08.170 Passenger loading zone.
"Passenger loading zone" means the space adjacent to a curb reserved for the exclusive use of
'vehicles during the loading or unloading of passengers. (Ord. 2670 S 1, 1996; Ord. 973 S 1, 1966;
prior code S 19.1.3(P)).
10.08.180 Pedestrian.
"Pedestrian" means any person afoot. (Ord. 2670 S 1, 1996; Ord. 973 S 1, 1966; prior code
S 19.1.3(Q)).
10.08.190 Police officer.
"Police officer" means every officer of the police department of the city or any officer authorized to
direct or regulate traffic or to make arrests for violations of traffic regulations. (Ord. 2670 S 1, 1996;
'Ord. 973 S 1, 1966; prior code S 19.1.3(R)).
10.08.195 Regulation
The term "regulation," when used in this title, means one or more ordinances or resolutions that
have been or may be adopted by the city council, or a traffic regulation adopted and promulgated by
the city engineer pursuant to the authority and procedure contained in CVMC 10.04.030 for the
adoption and implementation of traffic and parking control measures. (Ord. 2670 S 1, 1996).
10.08.200 Stop or stopping.
"Stop" or "stopping," when prohibited, means any cessation of movement of a vehicle, whether
occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the
direction of a police officer or official traffic control device or signal. (Ord. 2670 S 1, 1996; Ord. 973
:s 1, 1966; prior code S 19.1.3(S)).
. -
5-30
1
10.08.210 Taxicab stand.
"Taxicab stand" means a space adjacent to a curb reserved for taxicabs to stand and wait for
:passengers. (Ord. 2670 8 1, 1996; Ord. 973 8 1, 1966; prior code 8 19.1.3(T)).
,10.08.215 Traffic control measure.
"Traffic control measure" means any program, method or system used to regulate, warn or guide
,the movement of traffic, vehicles and pedestrians, as recognized and prescribed in the California
Vehicle Code and the state of California Traffic Manual. It includes the installation of traffic control
,devices. (Ord. 26708 1, 1996).
I
I
\\
I
10.08.216 Traffic control device.
"Traffic control device" means any sign, marking or device used to regulate, warn or guide the
movement of traffic, pedestrians and vehicles, including, but not limited to, signs, pavement markings
'and other markers as may apply, but it excludes roadway design features delineated in California
Vehicle Code Section 440. The term may be used interchangeably with "sign" within this title. (Ord.
26708 1, 1996).
10.08.220 Vehicle Code.
"Vehicle Code" means the Vehicle Code of the state, as amended. (Ord. 2670 8 1, 1996; Ord. 973
'8 1, 1966; prior code 8 19.1.3(U)).
5-31
Sections:
10.52.010
'1052020
10.52030
10.52.040
10.52.050
1052060
10.52.070
10.52.080
10.52090
10.52.100
'10.52.110
10.52.120
10.52.130
1052140
10.52.150
.1052160
10.52.170
10.52.180
10.52.190
10.52.200
10.52.210
.10.52.220
10.52.230
10.52.240
.10.52.250
10.52.260
10.52.270
10.52.280
10.52.290
10.52.300
10.52310
10.52.320
.1052.330
.1052.340
10.52.350
10.52.360
10.52.370
10.52.380
10.52.390
10.52.400
10.52.410
10.52.420
10.52.430
10.52.440
10.52.450
Chapter 10.52
STOPPING, STANDING AND PARKING*
Stopping, standing or parking - Applicability of provisions.
Stopping, standing or parking - Scope of provisions.
Special stops required - Schedule II - Through streets and stop intersections.
Stopping, standing or parking - Within or on parkways - Prohibited.
No stopping zones and no parking areas - Authorized.
No stopping zones and no parking areas - Driver obedience required.
No parking areas - Designated.
No parking areas - Near fire hydrants or fire stations.
Commercial vehicles - Parking in residential districts prohibited when.
Storage of vehicles or camper bodies on streets prohibited - Time limit.
Parking for advertising or demonstration purposes prohibited when.
Repairing or greasing of vehicles prohibited where.
Washing or polishing of vehicles prohibited when.
No parking areas - Property adjacent to schools - Authorized when.
No parking areas - Property adjacent to schools - Driver obedience required.
No parking areas - Alleys - Exceptions permitted when.
No parking areas - Narrow streets - Authorized when.
No parking areas - Narrow streets - Driver obedience required.
Parking on grades - Wheels to be blocked when.
Peddlers and vendors - Parking permitted when - Time limit.
Repealed.
Emergency parking - Authorized when - Procedure.
Emergency parking - Driver obedience required.
Repealed.
Standing or parking - Applicability of provisions.
Parking - Scope of provisions.
Parking prohibited at all times on certain streets - Driver obedience required.
Repealed.
Parking - Prohibited during certain hours on certain streets - Driver obedience
required.
Repealed. .
Stopping, standing or parking - Prohibited during certain hours on certain streets -
Driver obedience required.
Repealed.
Parking - Time limited on certain streets - Driver obedience required.
Repealed.
Parallel parking - Permitted on one-way streets - Generally.
Parallel parking - Prohibited on one-way roadways when.
Repealed.
Parallel parking - Exception for certain commercial vehicles.
Diagonal parking - Required when - Procedure.
Repealed.
Diagonal parking - Applicability of provisions - Exceptions.
Motorcycles - Parallel parking permitted when.
Motorcycles - Diagonal parking permitted when.
Motorcycles - Applicability of provisions - Exceptions.
Parking - Prohibited during certain hours of certain days on certain streets for the
purpose of street sweeping - Driver obedience required.
5-32
10.52.460
10.52.470
10.52.480
10.52.485
1052.490
Repealed.
Parking - Scope of restrictions.
Municipal parking lots - Designated - Manner of parking required - Schedule XV.
Municipal parking lots - Sleeping or camping prohibited.
Prohibitions regarding parking of overheight vehicles - Schedule IX.
For statutory provisions regarding the proper location for the erection of stop signs', see Veh. Code S 21355; for statutory
provisions authorizing local authorities to prohibit or restrict the parking or standing of vehicles on certain streets during ail
or a portion of the day, see Veh. Code S 22507; for statutory provisions authorizing the prohibition of ail-night parking, see
Veh. Code S 22507.5; for statutory provisions authorizing impounding of cars left parked for 72 consecutive hours or more,
see Veh. Code S 22652.
CROSS REFERENCES' Loading Zones, see Ch. 10.60 CVMC. Abandoned Vehicles, see Ch. 10.80 CVMC. Off-Street
Parking and Loading, see Ch. 1962 CVMC. Bicycles, see Ch. 1072 CVMC.
10.52.010 Stopping, standing or parking - Applicability of provisions.
The provisions of this chapter prohibiting the stopping, standing or parking of a vehicle shall apply
at all times or at those times herein specified, except when it is necessary to stop a vehicle to avoid
conflict with other traffic or in compliance with the directions of a police officer or official traffic control
device. (Ord. 2670 S 1, 1996; Ord. 973 S 1, 1966; prior code S 19.10.1(A)).
10.52.020 Stopping, standing or parking - Scope of provisions.
The provisions of this chapter imposing a time limit on standing or parking shall not relieve any
person from the duty to observe other and more restrictive provisions of the Vehicle Code or
regulations prohibiting or limiting the standing or parking of vehicles in specified places or at specified
times. (Ord. 2670, 1996; Ord. 973 S 1, 1966; prior code S 19.10.1 (8)).
10.52.030 Special stops required - Schedule II - Through streets and stop intersections.
In accordance with CVMC 1032010 and 10.32.020, pursuant to regulations and when appropriate
traffic control devices have been erected giving notice of special stops, drivers of vehicles shall stop
at every intersection before entering any of the streets or portions of streets, or one or more
entrances to the intersections listed in Schedule II of the register maintained by the city engineer.
(Ord. 2670, 1996; Res. 17646, 1994; Res. 17418, 1994; Res. 17335, 1993; Res 17334,1993; Res.
17212,1993; Res. 16586, 1992; Res. 16192, 1991; Ord. 973 S 1, 1966; prior code S 19.22.1).
10.52.040 Stopping, standing or parking - Within or on parkways - Prohibited.
No person shall stop, stand, park or place a vehicle, boat, trailer, camper or any other property
within any parkway. (Ord. 2670 S 1, 1996; Ord. 2176 S 1, 1986; Ord. 973 S 1, 1966; prior code
S 19.10.2).
10.52.050 No stopping zones and no parking areas - Authorized.
The city engineer is authorized to maintain, by appropriate parking control devices, or by paint upon
the curb surface, all no stopping zones, no parking areas, and restricted parking areas, as defined
and described in this chapter. (Ord. 2670, 1996; Ord. 973 S 1, 1966; prior code S 19.1 0.3(A)).
10.52.060 No stopping zones and no parking areas - Driver obedience required.
. When curb markings or parking control devices are in place, no operator of any vehicle shall stop,
stand or park such vehicle adjacent to any such legible curb marking or parking control device in
violation of any of the provisions of this chapter. (Ord. 2670, 1996; Ord. 973 S 1, 1966; prior code S
19.10.3(8)).
10.52.070 No parking areas - Designated.
5-33
A. No operator of any vehicle shall stop, stand, park or leave standing such vehicle in any of the
following places, except when necessary to avoid conflict with other traffic or in compliance with the
directions of a police officer or other authorized officer, traffic sign or signal.
1. In any area established by regulation as a no parking area, where such area is indicated by
official parking control devices or red paint on the curb;
2. On a sidewalk;
3. Within an intersection;
4. Within a crosswalk;
5. Alongside or opposite any street excavation or obstruction when such standing, stopping or
parking would obstruct traffic;
6. On the roadway side of any vehicle stopped or parked at the edge or curb of the street;
7. Upon any bridge or other elevated structure upon a highway or within a highway tunnel;
8. Upon, along or across any railroad track in such manner as to hinder, delay or obstruct the
movement of any car traveling upon such track;
9. Within any divisional island unless authorized and clearly indicated with appropriate signs
.and markings;
10. In front of a public or private driveway or within eight feet of the end of the curb radius
leading thereto;
11. Within 20 feet of a crosswalk at an intersection;
12. Within 20 feet of the end of the curb radii at an intersection;
13. Within 30 feet of the approach to any flashing signal, stop sign or traffic control signal
located at the side of the roadway;
14. Within three feet of or in front of that portion of a curb which has been cut down, lowered,
or constructed to provide wheelchair accessibility to the sidewalk;
15. Within any of those places delineated by Section 22500 of the Vehicle Code.
.. B. No person shall move a vehicle not lawfully under his control into any such prohibited area or
more than 18 inches away from a curb.
C. For the purpose of minimizing traffic hazards and traffic congestion, the city engineer is
authorized to establish no parking or stopping zones. The length of these zones is not to exceed 200
feet.
D. Any vehicle parked in violation of any of the foregoing sections may be towed or otherwise
removed at the owner's expense if a sign is posted giving notice of the removal. The city engineer is
authorized to post signs giving notice of removal, where necessary.
E. Enforcement Policy. When in the judgment of the traffic officer it is reasonable and practical to
do so, the owner, driver, or other responsible party shall be requested to move the car prior to being
towed, but not prior to being ticketed. (Ord. 2670, 1996; Ord. 2627 S 1, 1995; Ord. 973 S 1, 1966;
prior code S 19.1 OA).
10.52.080 No parking areas - Near fire hydrants or fire stations.
It is unlawful for any person to park a vehicle within 15 feet of any fire hydrant or entrance to a fire
station within the city, except as otherwise indicated by a parking control device. (Ord. 2670, 1996;
prior code S 14.11).
10.52.090 Commercial vehicles - Parking in residential districts prohibited when.
A. No person shall park any commercial vehicle as defined in subsection (B) of this section having
a manufacturer's gross vehicle weight rating of 10,000 pounds or more in any residential district
(which includes parking on private property), except:
1. While actually loading or unloading property; or
2. While such vehicle is parked in the actual performance of a service to property in the block
in which such vehicle is parked.
B. For the purposes of this section, certain terms shall be defined as follows:
5-34
1. "Commercial vehicle" shall mean single vehicles whose primary use is for commercial
purposes and having more than two axles or combination of vehicles having more than two axles; a
single vehicle or combination of vehicles 20 feet or more in length; or a single vehicle or combination
of vehicles six feet, eight inches or more in width, and shall include, but shall not be limited to, dump
trucks, moving vans, tractors, pole, or pipe dollies.
2. "Residential district" shall mean any block in which over 50 percent of the ground level
buildings fronting on said block are residential dwellings. Said dwellings may be single-unit structures
or multiunit structures. (Ord. 2670,1996; Ord. 2190 S 1,1987; Ord. 2176 S 2,1986; Ord. 2024 S 1,
1983; Ord. 973 S 1, 1966; prior code S 19.10.5).
10.52.100 Storage of vehicles or camper bodies on streets prohibited - Time limit.
A. No camper body which has been detached from a motor vehicle shall be left standing on a city
street at any time.
6. No person who owns or has possession, custody or control of any vehicle shall park such
vehicle upon any street or alley for more than a consecutive period of 72 hours.
C. Vehicles or camper bodies parked in violation of this section may be removed and impounded
as authorized by CVMC 10.80.120 and Vehicle Code Section 22651. (Ord. 2670, 1996; Ord. 2033
S 1, 1983; Ord. 973 S 1, 1966; prior code S 1910.6).
10.52.110 Parking for advertising or demonstration purposes prohibited when.
No vehicle displaying advertising matter for the primary purpose of commercial advertising, as
prohibited by CVMC 5.08.030 through 508.060, shall park upon any residential street or public
parkino area in this city. This prohibition shall not apply to a vehicle being offered "for sale." (Ord.
2946 S 1, 2004; Ord. 2670 S 1, 1996; Ord. 2255 S 1, 1988; Ord. 973 S 1, 1966; prior code S 19.10.7).
10.52.120 Repairing or greasing of vehicles prohibited where.
No person shall build or cause to be built, rebuild or cause to be rebuilt, grease or cause to be
greased, or perform any maintenance including changing of oil or flushing radiators on any vehicle or
any part thereof upon any public street or public parkino area in the city. Except for temporary
emergency repairs, no person shall repair or cause to be repaired any vehicle upon a public street.
(Ord. 2670,1996; Ord. 1744 S 1, 1977; Ord. 973 S 1,1966; prior code S 19.10.8).
10.52.130 Washing or polishing of vehicles prohibited when.
No person shall wash or cause to be washed, or polish or cause to be polished, any vehicle or any
part thereof upon any public street or public parkina area in the city when a charge is made for such
service. (Ord. 2670, 1996; Ord. 973 S 1, 1966; prior code S 19.10.9).
10.52.140 No parking areas - Property adjacent to schools - Authorized when.
The city engineer is hereby authorized to erect signs indicating no parking upon that side of any
street adjacent to any school property, when such parking would interfere with traffic or create a
hazardous situation. (Ord. 2670, 1996, Ord. 973 S 1, 1966; prior code S 19.10.1 O(A)).
10.52.150 No parking areas - Property adjacent to schools - Driver obedience required.
When official signs are erected prohibiting parking upon that side of a street adjacent to any school
property, no person shall park a vehicle in any such designated place. (Ord. 2670 S 1, 1996; Ord. 973
S 1, 1966; prior code S 19.10.10(6)).
10.52.160 No parking areas - Alleys - Exceptions permitted when.
No person shall stop, stand or park any vehicle in any alley within the city except for the purpose of
expeditiously loading or unloading passengers or materials, or when a service is being performed to
or on property abutting such alley, which requires the immediate and necessary presence of a vehicle
during the time such service is actually being performed. (Ord. 2670 S 1, 1996; Ord 973 S 1, 1966;
prior code S 19.10.12).
5-35
'10,52.170 No parking areas - Narrow streets - Authorized when.
, The city engineer is authorized to place parking control devices or markings indicating no parking
;upon any street when the width of the roadway does not exceed 25 feet, or upon one side of a street
as indicated by such signs or markings when the width of the roadway does not exceed 30 feet. (Ord. ,
2670, 1996; Ord. 973 S 1, 1966; prior code S 19.1 0.13(A)).
10.52.180 No parking areas - Narrow streets - Driver obedience required.
When official parking control devices or markings prohibiting parking are erected upon narrow
:streets, as authorized herein, no person shall park a vehicle upon any such street in violation of any
such parking control device or marking. (Ord. 2670, 1996; Ord. 973 S 1, 1966; prior code S
19.10.13(B)).
10.52.190 Parking on grades - Wheels to be blocked when.
No person shall park or leave standing any vehicle unattended on a highway when upon any grade
,exceeding three percent without blocking the wheels of said vehicle by turning them against the curb
or by other means which prevents the vehicle from rolling. (Ord, 2670, 1996; Ord. 973 S 1, 1966; prior
code S 19 10.14).
10.52.200 Peddlers and vendors - Parking permitted when - Time limit.
Except as otherwise provided in this chapter, no person shall stand or park any vehicle, wagon or
pushcart from which goods, wares, merchandise, fruits, vegetables or foodstuffs are sold, displayed,
,solicited or offered for sale or bartered or exchanged, or any lunch wagon or eating car or vehicle, on
'any portion of any street within this city, except that such vehicles, wagons or pushcarts may stand or
park only at the request of a bona fide purchaser for a period of time not to exceed 10 minutes at any
one place. The provisions of this section shall not apply to persons delivering such articles upon order
,of, or by agreement with, a customer from a store or other fixed place of business or distribution.
(Ord. 973 S 1, 1966; prior code S 19.10.15(A)).
10.52.210 Peddlers and vendors - Parking and standing prohibited.
Repealed by Ord. 2670,1996. (Ord. 973 S 1, 1966; prior code S 19.10.15(B)).
10.52.220 Emergency parking - Authorized when - Procedure.
Whenever the city engineer determines that an emergency is likely to result from traffic congestion
caused by the holding of public or private assemblages, gatherings, or functions, or for other reasons,
the city engineer shall order temporary signs to be erected or posted indicating that the operation,
parking or standing of vehicles is prohibited on such streets and alleys, as the city engineer shall
direct during the time such temporary signs are in place. Such signs shall remain in place only during
the existence of such emergency and the city engineer shall cause such signs to be removed
.promptly thereafter. (Ord. 2670, 1996; Ord. 973 S 1, 1966; prior code S 191 0.16(A))
10.52.230 Emergency parking - Driver obedience required.
When parking control devices authorized by the provisions of this section are in place giving notice
thereof, no person shall operate, park or stand any vehicle contrary to the directions and provisions of
the parking control device. (Ord 2670, 1996; Ord. 973 S 1, 1966; prior code S 19.1 0.16(B)).
10.52.240 Commercial vehicles - Display of warning devices required when.
Repealed by Ord. 2670, 1996. (Ord. 973 S 1, 1966; prior code S 19.10.17).
10.52.250 Standing or parking - Applicability of provisions.
The provisions of this chapter prohibiting the standing or parking of a vehicle shall apply at all times
or at those times herein specified or as indicated on official parking control devices, except when it is
necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a
5-36
police officer or other official traffic control device. (Ord. 2670, 1996; Ord. 973 S 1, 1966; prior code
S 19.11.1).
10.52.260 Parking - Scope of provisions.
The provisions of this chapter imposing a time limit on parking shall not relieve any person from the
duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing or
parking of vehicles in specified places or at specified times. (Ord. 2670 S 1, 1996; Ord. 973 S 1, 1966;
prior code S 19.11.2).
'I
"
I
II
II
II
10.52.270 Parking prohibited at all times on certain streets - Driver obedience required.
Except upon Sundays and holidays specified in CVMC 10.08.110, it is unlawful to park a vehicle at
any time upon any street upon which a parking control device prohibiting such parking has been
installed by the city engineer by regulation adopted pursuant to CVMC 10.04.030. The city engineer
shall maintain within a register a Schedule III which lists the streets or portions thereof upon which the
prohibitions of this section are in effect. (Ord. 2670, 1996; Ord. 973 S 1, 1966, prior code S 19.11.3).
10.52.280 Parking - Prohibited at all times on certain streets - Schedule III.
Repealed by Ord. 2670,1996. (Res. 17470, 1994; Res. 17336, 1993; Res. 17240, 1993; Res.
17220,1993; Res. 17003, 1993; Res. 16799, 1992; Res. 16585, 1992; Ord. 973 S 1, 1966; prior code
S 19.22.1).
10.52.290 Parking - Prohibited during certain hours on certain streets - Driver obedience
required.
Except upon Sundays and holidays specified in CVMC 10.08.110, it is unlawful to park a vehicle
between the hours specified of any day upon any street upon which a parking control device
prohibiting or regulating such parking has been installed by the city engineer by regulation adopted
pursuant to CVMC 10.04.030. The city engineer shall maintain within a register a Schedule IV which
lists the streets or portions thereof upon which the restrictions and prohibitions within this section are
in effect. (Ord. 2670, 1996; Ord. 973 S 1, 1966; prior code S 19.11.4).
10.52.300 Parking - Prohibited during certain hours on certain streets - Schedule IV.
Repealed by Ord. 2670, 1996. (Res. 16191, 1991; Ord. 973 S 1, 1966; prior code S 19.22.1).
10.52.310 Stopping, standing or parking - Prohibited during certain hours on certain streets-
Driver obedience required.
Except upon Sundays and holidays specified in CVMC 10.08.110, it is unlawful to stop, stand or
park a vehicle between the hours specified of any day upon any of the streets or portions of a street
upon which a parking control device regulating such parking has been installed by the city engineer
by regulation adopted pursuant to CVMC 10.04.030. The city engineer shall maintain within a register
a Schedule V which lists the streets or portions thereof upon which the restrictions and prohibitions of
this section are in effect. (Ord. 2670, 1996; Ord. 973 S 1, 1966; prior code S 19.11.5).
10.52.320 Stopping, standing, or parking - Prohibited during certain hours on certain streets-
Schedule V.
Repealed by Ord. 2670,1996. (Ord. 973 S 1, 1966; prior code S 19.22.1).
10.52.330 Parking - Time limited on certain streets - Driver obedience required.
Except upon Sundays and holidays specified in CVMC 10.08.110, it is unlawful to park a vehicle for
longer than the time specified upon a parking control device regulating such parking on any street
upon which such a parking control device regulating such parking has been installed by the city
engineer by regulation adopted pursuant to CVMC 10.04.030, except in accordance with the
directions of the parking control device. The city engineer shall maintain within a register a Schedule
5-37
VI which lists the streets or portions thereof upon which the restrictions and prohibitions of this section
'are in effect. (Ord. 2670, 1996; Ord. 973 S 1, 1966; prior code S 19.11.6). .
10.52.340 Parking - Time limited on certain streets - Schedule VI.
. Repealed by Ord 2670, 1996. (Res. 17692, 1994; Res. 16792, 1994; Res. 17645, 1994; Res.
17644, 1994; Res. 17471, 1994; Res 17359, 1994; Res. 17241, 1993; Ord. 973 S 1, 1966; prior code
S 19.221)
10.52.350 Parallel parking - Permitted on one-way streets - Generally.
Subject to other and more restrictive limitations, a vehicle may be stopped or parked within 18
inches of the left-hand curb facing in the direction of traffic movement upon anyone-way street,
unless parking control devices are in place prohibiting such stopping or standing. (Ord. 2670, 1996;
,Ord 973 S 1, 1966; prior code S 19 11.7(A)).
10.52.360 Parallel parking - Prohibited on one-way roadways when.
In the event a highway includes two or more separate roadways and traffic is restricted to one
direction upon any such roadway, no person shall stand or park a vehicle upon the left side of such
one-way roadway unless signs are in place permitting such standing or parking. (Ord. 2670, 1996;
Ord. 973 S 1, 1966; prior code S 19.11.7(8)).
10.52.370 Parallel parking - On one-way streets and roadways - Determination authority.
Repealed by Ord. 2670, 1996. (Ord. 973 S 1, 1966; prior code S 19.11.7).
10.52.380 Parallel parking - Exception for certain commercial vehicles.
The requirement of parallel parking imposed by CVMC 10.52.350 through 10.52.380 shall not apply
to any commercial vehicle actually engaged in the process of loading or unloading freight or goods, in
which case such vehicle may be backed up to the curb; provided, that such vehicle does not extend
beyond the center line of the street and does not block traffic thereby. (Ord. 2670 S 1, 1996; Ord. 973
S 1, 1966; prior code S 19.11.7(0)).
10.52.390 Diagonal parking - Required when - Procedure.
It is unlawful at any time to park a vehicle upon any street or portion thereof designated as a
diagonal parking zone, upon which a parking control device regulating such parking has been
installed by the city engineer by regulation adopted pursuant to CVMC 10.04.030, except as follows:
The vehicle shall be parked at an angle to the curb specified by the parking control device, and
entirely within the limits of the allotted space, with the front wheel nearest the curb not more than six
inches from the curb. The city engineer shall maintain within a register a Schedule VIII which lists the
streets or portions thereof upon which the restrictions and prohibitions of this section are in effect.
(Ord 2670, 1996; Ord. 973 S 1, 1966; prior code S 19118(A)).
10.52.400 Diagonal parking - Permitted where - Schedule VIII.
Repealed by Ord. 2670, 1996. (Res 17643, 1994; Ord. 973 S 1, 1966; prior code S 19.22.1).
10.52.410 Diagonal parking - Applicability of provisions - Exceptions.
. The provisions of CVMC 10.52.390 shall not apply to a vehicle actually engaged in the process of
loading or unloading passengers, freight or goods, in which event the provisions applicable in CVMC
10.52.350 through 10.52.380 shall be complied with. (Ord. 2670 S 1, 1996; Ord. 973 S 1, 1966; prior
code S 19.11.8(8))
10.52.420 Motorcycles - Parallel parking permitted when.
It is unlawful for the operator of any motorcycle to park said motorcycle parallel to the curb as
defined in this chapter in any space designated by pavement markings or indicated by meters, unless
said motorcycle is parked entirely within the limits of the allotted space and at least one wheel or
5-38
1
\
,
fender is touching the right-hand curb. Where no curb or barriers bound any roadway, right-hand
parallel parking is required unless otherwise indicated; provided further, that no more than one
vehicle of any type may be parked within any allotted parking space. (Ord. 2670 S 1, 1996; Ord. 1595
,S 1,1974; Ord. 1201 S 1, 1969; prior code S 19.11.9(1)).
10.52.430 Motorcycles - Diagonal parking permitted when.
It is unlawful for the operator of any motorcycle to park said motorcycle except at the angle to the
curb indicated by parking control devices or pavement markings allotting space to parked vehicles,
and entirely within the limits of said allotted space, with the front or rear wheel of said vehicle within
18 inches of the curb; provided further, that no more than one vehicle of any type may be parked
within such allotted space. (Ord. 2670, 1996; Ord. 1595 S 1, 1974; Ord. 1201 S 1, 1969; prior code
S 19.119(2))
I
I
:I
10.52.440 Motorcycles - Applicability of provisions - Exceptions.
The provisions of CVMC 10.52.420 and 10.52.430 shall not apply to a vehicle actually engaged in
the process of loading or unloading passengers, freight or goods, in which event the provisions
applicable in CVMC 10.52.350 through 10.52.380 shall be complied with. (Ord. 2670, 1996; Ord.
1595 S 1, 1974; Ord.1201 S 1, 1969; prior code S 1911.9(3)).
10.52.450 Parking - Prohibited during certain hours of certain days on certain streets for the
purpose of street sweeping - Driver obedience required.
It is unlawful to park a vehicle on any street during the times specified for street cleaning upon
which a parking control device regulating and prohibiting such parking has been installed on each
block of that street in its entirety by the city engineer, restricting parking between certain hours on
certain days of the week by regulation adopted pursuant to CVMC 10.04.030. The city engineer shall
maintain within a register a Schedule XIV which lists the streets upon which the restrictions and
prohibitions concerning street sweeping regulations are in effect. (Ord. 2670, 1996; Ord. 2261 S 2,
1988).
10.52.460 Parking - Prohibited during certain hours of certain days on certain streets for the
purpose of street sweeping.
Repealed by Ord. 2670, 1996. (Ord. 2261 S 3,1988).
10.52.470 Parking - Scope of restrictions.
No section of this chapter shall be construed as permitting any parking in violation of any other
provisions of this title. (Ord. 2670 S 1, 1996; Ord. 2261 S 1, 1988; Ord. 973 S 1, 1966; prior code
S 19.1715)
10.52.480 Municipal parking lots - Designated - Manner of parking required - Schedule XV.
Pursuant to Vehicle Code Section 22519, the following areas are designated as off-street public
parking lots owned or operated by the city. It is unlawful for any vehicle to park in a municipal parking
lot except in accordance with the angle to the curb indicated by signs or pavement markings allotting
space to parked vehicles and entirely within the limits of said allotted space, with the front wheel
nearest the curb and within six inches of said curb or other stop, and in accordance with the time
limits indicated on signs erected in the area by the city engineer pursuant to regulation adopted under
CVMe 10.04.030. The city engineer shall maintain within a register a Schedule XV listing the
restrictions applicable to these locations.
D::sign::~od P::rking Lot Los::~ion
~
~
~Jort~V\'o:t SJ~:1::r Jf C:h'J~:~ In::o M:l:l~o:1:J
200 blocl( of L:Jndi:
5-39
~
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~
I'ffi-+
N&.--S
~
NO.10
NO.11
Dow:1town P:Jrking
St:u:tur:
Emploj'2: <:l:Jrking Lot
ChulCl Viet:J Com~uni:y
PClrk PClrljng Lo:
Emplcyee P:J:I;ingLot
KeA-heo Buildin~
Parl~ing Lo:
Polieo Dop:Jrtmont
P:J:king Struc:u:c
~lo~~o:Je: co:ncr of LClndi: :Jr,::: Dc:v'::::cn
~Io:thwoet cornor of Church :J,~d D:Jvideo,",
Southwost corner of Church Clnd DCl':idSBfl
N::J: SO'Jth:J:Jet ::Jrno, of Third and rAadro~:J
~J::::r Sou:h::::J:: cJrn:r of Landi: :In::: E S:r::::t
221 2g' Church ,\\'C:lUC (Church :In::: ~:~ t-.br)
2':1'"\ 222 Sr."_J:"::;~. /\'.':;n~2
~Jo:" ,:::n Pc:rl; S:e:liC): Center b:etw::" f' CIn::: Cente: Strect
~et ':::orn:r of Chur:h ,^..:onuo and Cent:r St"o:et
So:.:t~, oid: of ,hi:::: /\':cnue :Jnd F St"eet
North oid: 0' F Str:eet, woet of intc:ccetior, with Fourth ,'..:onuc (woet of fire etation
CInd t~:J: :Jree ec:c: :J:lC :lC)::h of tho :1:: ct:::ti:n d::ign:Jted CI permit ::quiro::: p:Jrking
afS)
SO'Jth 0: Chute '.'I:t:J Community P:rk :en::: west of ":Jetl::;ko Parl,w3Y
Weet of M:::)~'.'.'el! R03d ::;t tho John Lippitt ?ublie Worl,e C:ntc:
Vie:: of Fourth ,^,vonuo :md eO\1th of F Str:e:et (o:Jct of the Kcn Loo Building)
EOG! of Feurth ,\':C:lUC :md ecut~ of F St::e::t (:::Jet of th:: now Polico Doprtmont)
. ~....... ""....-- . .. . .. - ,
(Ord, 2983 S 1, 2004; Ord, 2670,1996; Ord, 2488 S 1, 1991; Ord, 2436 S 1,1991),
Desiqnated I Location
Parkina Lot
NO.1 Near southwest corner of Landis and E streets
NO.2 Northeast corner of Landis and Davidson streets
No. 3 700 block of Landis (North of :- Street)
No.4 340 F Street (Near southwest corner of E Street)
No, 5 Near southeast corner of Third and Madrona
NO.6 Northwest corner of Church and Madrona streets
No.7 Southwest corner of Church and Center streets
No.8 28',-281 Church Avenue (Between Church and Del Mar streets')
No,9 Southwest corner of Church and Davidson streets
I No. 10 Northwest corner of Church and Davidson streets
'No.11 I 222 Church Avenue (Between F and Davidson streets)
NPSC Norman Park Senior Center (Between F and Center streets)
Citv Hall Emplovee I North side of F Street. West of intersection with Fourth ,A.venue
Lot
Chula Vista South of Chula Vista Communitv Park and West of castlake
Communltv Park Lot Parkwav
City Emplovee Lot West of Maxwell Road and North .of Main Street at the John Lippit
Public Works Center
Ken Lee Lot West of Fourth Avenue and South of F Street
Police Department East of Fourth Avenue and South of F Street
Parkina Structure
5-40
:10.52.485 Municipal parking lots - Sleeping or camping prohibited.
; A. No person shall sleep or camp in a vehicle on the grounds of any city-owned, leased, or
ioperated parking lot listed in CVMC 10.52.480. Signs expressing this parking restriction and the city's
right to remove or impound an offending vehicle shall be posted at each entrance of a parking lot by
,the city engineer.
B. For purposes of this section, "to camp" shall be defined as establishing or maintaining a
itemporary, including overnight, place for sleeping, which includes, but is not limited to, the use, or
storage for use, of sleeping bags, bedding materials, blankets, sheets, or other nonclothing items
utilized or available for use to maintain warmth and comfort for sleep in a vehicle.
C. Vehicles in violation of this section may be removed and impounded as authorized by CVMC
10.80.120 and California Vehicle Code Section 22651. (Ord. 2923 S 1, 2003).
.10.52.490 Prohibitions regarding parking of overheight vehicles - Schedule IX.
A. It is unlawful to park an overheight vehicle, as defined in subsection (D) of this section, upon any
street or portion thereof upon which a parking control device regulating the parking of overheight
,vehicles has been installed by the City Engineer pursuant to regulation adopted under CVMC
.10.04.030 and subsection (B) of this section. The City Engineer shall maintain within a register a
'Schedule IX which lists the streets or portions thereof upon which the restrictions and prohibitions of
this section are in effect.
B. Pursuant to California Vehicle Code Sections 22507 and 21360, the City Engineer may establish
by regulation those locations where parking of overheight vehicles is to be restricted based upon the
sight obstruction posed by an overheight vehicle to vehicles entering the roadway from an
intersection. Parking restrictions shall be limited to a maximum distance of 100 feet from the point of
curb return of the intersection along the roadway.
C. As used in this CVMC 10.52.490, the term "intersection" shall include, in addition to the meaning
prescribed by the California Vehicle Code Section 365, an intersection with a roadway of a major use
driveway from a multifamily residential facility or shopping or business center, or any similar use
which generates a traffic flow at least equal to that encountered at the intersection of a minor street
with the affected roadway.
D. As used in subsection (A) of this section, the term "overheight vehicle" means any vehicle with a
height of six feet or more at any point, including the load, cab or body, when measured from the
roadway.
E. The City Engineer may prescribe procedures for full cost recovery of the installation of parking
control devices at intersections from private property. (Ord. 2670, 1996).
5-41
Sections:
r"
110.56.010
110.56.020
11056.030
,10.56.040
i 10.56.050
: 1056.060
:10.56.070
;
'10.56080
r
:10.56.090
I
11056095
,
; 1 056.1 00
: 1 0.56.11 0
'1056.120
'10.56.130
i 1 0.56.140
:10.56.150
:10.56.160
,
!10.56.180
: 1 0.56.190
;10.56.200
,
; 1 0.56.21 0
;10.56.220
:10.56.230
:10.56.240
i 1 0.56.250
:10.56260
'10.56.270
'10.56.280
j1056290
; 1 056300
,
; 1 0.56.31 0
:10.56320
Chapter 10.56
PARKING METERS, PARKING METER ZONES AND PERMIT PARKING
Repealed.
Meters - Installation and maintenance - Rates for use.
Meter zones - Established - Regulations generally.
Meter zones - Designated FoesTime limits authorized in zone - Schedule XI.
Meter zones - Authorization for establishment.
Meters - Placement and removal of posts.
Meters - Installation - Authority.
Meters - Installation - Location.
Meters, Individual- Oporotion doscribodDisplav of time limit.
Meters. Multi-space-Displav of time limit
Meter zone - Manner of parking required.
Meter - Driver operations required.
Meter zone - Parking unlawful when.
Parking meter - Overtime.
Parking meter - Extra time prohibited.
Parking meter - Time of operation.
Parking meter - Tampering with.
Meters - Improper use prohibited.
Doposit of coinsPavment by unauthorized person prohibited.
Meters - Limitations on use for certain purposes.
Rules of evidence - Parking in metered space deemed unlawful when.
Rules of evidence - Vehicle deemed parked by owner when.
Rules of evidence - Parking in unmetered space deemed owner's responsibility.
Meters - Collection of deposited coins.
Meters - Purchase, lease and maintenance jurisdiction.
Meters - Use of moneys collected.
Permit parking - Established - Administration authority.
Permit parking - ^uthorizod 'A'honForm of permit - Permit parkinG authorized
whenStickor or tog ;oquirod.
Permit parking - Areas designated - Schedule XI/.
Permits or tags - Cost - Period of validity - Prorating permitted when.
Permits or tags' - Sale procedure - Pbcomont of stickorDisplav of permit.
.Permits or tags -.I.~suance and use.
10.56.010 Vehicle defined.
Repealed by Ord. 2670, 1996. (Ord. 955 S 1, 1965).
10.56.020 Meters -Installation and maintenance - Rates for use.
. The City Council shall provide for the installation of parking meters including curb or street marking
Hines, regulation and operation thereof, ::lnd sholl cause said meters to be maintained in good
!workable condition~. and set the rates for parkinG in a space reGulated bv said meters bv ordinance.
iThe rates for parkinG in a space reGulated bv a meter are Motors shoU be pl:Jcod UpO:l :ho :::ur: noxt
'to individuol porking placos and motors choll bo so constructod os to disp!o)' 0 sig:lal showin:;J 10:;Jol
iporking upon deposit the;oin of the propor coin or coins of tho United StJtss, os indic::J:cd by
!instructions on soid melor, ond for 0 poriod of timo conforming to tho porking limits of tho City, s::Jid
,
:signal to remain in ovidonco until oxpirotion of tho parking poriod so dosignotod, ot which time a
. dropping of signol or somo other mochonicol oporotion sh::J11 indieato oxpirc:tion of tho PQrl-:ing poriod.
Whon Qny vohi:::lo sh::J11 be porkod noxt to a porking motor, tho o'l'mor or opor:Jtor c; tho vohicl::: sh::J11
5-42
:j3-8rk 'Nitl:in the are::! design::!ted by the curb or street mml~ing lines ::!s indicated for p::!r::!!lel or
. ::ii::!gon::!i p::!rking ::!nd, upon entering t1e p::!rking sp::!ce, shall immediately deposit coin::lgo in the
imctcr, ::lnd s::lid p::lrking space moy be thon used by such vehicle during the leg::ll p::lrking limit
,provided by the ordin::lnces and rosolutions of the City, as follows:
, A Thirty (30) Minute Meters. A $0.25 deposit for e::!ch 30 minute inter,,}1 up to the maximum time
limit established for the zone in which the meter is located' or
,
B. Two, Three and Four Hour Meters. A $0.25 deposit for each 30-minute interval or a $0.50
deposit for each one-hour interval up to the maximum legal time limit established for the zone in
'Which the meter is located; or
C. Ten (10) Hour Meters. A $0.25 deposit for each one-hour period up to the maximum legal time
, limit established for the zone in which the meter is located, (Ord, 3094 S 2, 2007; Ord, 2670, 1996;
Ord, 2436 S 2,1991; Ord, 2367 S 1, 1990; Ord, 2143 S 1,1986; Ord, 955 S 3,1965),
10.56.030 Meter zones - Established - Regulations generally.
Pursuant to the authority of Vehicle Code Section 22508, parking meter zones and the rate of fees
for parkino in such zones shall be ::lS horetofore established by ordin::lnccsin this CVMC Chaoter 10
'and oro re::ldopted applicable to tfJ*lfl-those public parking lots and streets or parts of streets as
'identified and as described in CVMC 10.56,040, Schedule XI, in which zones the parking of vehicles
shall be regulated by parking meters bet....een the hoursfor the duration of time specified in said
Schedule XI of ::lny d::lY except SundaY'S ::lnd public holid::!Y's defined in (VMC 10,08,11 Oand for the
hours of operation identified in CVMC 1056150, (Ord, 2670, 1996; Ord, 2436 S 3, 1991; Ord, 973
S 1, 1966; prior code S 1917,1(A)),
10.56.040 Meter zones - Designated - ~ Time limits authorized in zone - Schedule XI.
In accordance with CVMC 10,56.030, parking meter zones are hereby established upon those
public parking lots and streets or portions of streets described herein in which parking of vehicles
shall be regulated by parking meters between the hours and on davs specified in CVMC 10,56,150
and upon the signs erected thereon, and for the duration specified below and upon the signs erected
thereon, of ::In'l d::!y except Sund::lYs or public holid::lYs defined in SVMS 1008110, as follows:
Schedule XI
NGmc of
Street
Beginning At
Ending At
Sffie Dumtion
Del Mar ,\venuo
wg ~ hour or 1 el heurs
C,nter'Stroet Third ,^,venue
Church
J\'1::nu;J
Del M:Jr
,^,\'onu::;.
C Str::ct
F Stre::!
G S!re::t
Germt!
/\v::nuc
haR4s
,^,v::::nu::
F Street
E Str:Jct
fYJN- 2 hours er 1 C hours
F Street
Cent::r Street
~ 1el hours
G:Jrrct: ,^.vonue
100 ft E/E eurbline of L::lIldic wg 2 hours
,^,vonue
Carrott ,\vonue
Del J\br ,^,venue
Nef#i 3el minutec or ~ hO'Jr or :2
00Hffi
100 ft '/'J,'N eurbline ef Third
,A,'/onuo
1 Oel ft. E/E eurblino of Church wg
,^,venue
~ hour or :2 hour~
125 ft, glS curbline of E
Sffeet
150 ft, N!~J curblinc of E
Sffeet
~ 2 hourc
F Stroet
300 ft, N/N curblino ~f E
Sffeet
~ 2 hours er 1 el hours
5-43
L:mdis
A'.'2n~2
MCldr8nCl
&tree{
PClrk WClj
F Stroot
170 ft. N/~J curblino of E
~
Third ,^,v8r,u8
125 ft. E/E curtlinc of Third
N.'enuo
125 ft. 'NN; curblino of Third
/\vcnuo
Third ,^,'/8nu8
Third ,^,'.'8nu8 ,^.!vClrCld8 Stred
E Stroet
Third .^.'i8nue Rooso'.'olt Strcot
E Stroot
Third ,^,venuo Center Stroot
NB-+
J'.J.e4
~
~
~
.~
~
~
Ntt-4
no. 10:
~h 11:
Madro:la ,^!ion:Jo
Public P:Jrldng Lot
Northwes~ corner of Church and Madron:!
200 block of Landis (north of F Street)
~JortheClst corner of Landis and Da'iids::Jn
~Jorthwost cornor of Church :Jnd Da',idcon
Southwest corner of Church :Jnd D3vidcon
~Joar couthcClst cornor cf Third and MCldrona
~Jcar couthoast comO[ of LClndis :md E
281 287 Church ,^,vcnuo (botwccn Chur:;h :md Dc! Mor)
230 222 Church ,^.venuo
Southwest cornor of Chur:;h Clnd Contor
~lorm:ln Par!~ Sonior Contor botwoor, F Stroot 3nd Centor
W€5l 30 minutos cr 2 hGill's-ef
10 hours
Nf&
+-F\elli
Nf&
+-F\elli
EClst 2 hours
W€5l :: hours
~ 30 minutos or 2 hours
Duration
10 hours
~ hours and/or 10 hours
1 hours Clnd'or 10 hourc
1 hourc and/or 10 hourc
1 hourc and/or 10 hourc
10 hours
10 hours
~
1 hourc and/or 10 hours
1 hours and/or 10 houcc
2 hours
Schedule XI
Name of Beqinninq At Endina At Side Duration
Street Center Street Third Avenue Del Mar Avenue N/S 1 hour
Church F Street E Street EIW 2 hours
Avenue
Church Center Street Madrona Street EIW 2 hours
Avenue
Del Mar F Street Center Street East 2 hours
Avenue
E Street Garrett Avenue 100 ft. E/E curbline of N/S 2 hours
Landis Avenue
F Street . Garrett Avenue Del Mar Avenue North 2 hours
G Street 100 ft. WIW curbline of 100 ft. E/E ourbline of N/S 2 hours
Third Avenue Church Avenue
Garrett 125 ft. S/S curbline of E 150 ft. N/N curbline of E East 2 hours
Avenue Street Street
Landis F Street 300 ft. N/N curbline of E East 2 hours
Avenue Street
5-44
Landis F Street 170 ft. N/N curbline of E West 2 hours
Avenue Street
Madrona Third Avenue 125 ft. E/E curbline of Third N/S 2 hour
Street Avenue
Park Way 125 ft. W/W curbline of Third Avenue N/S 2hour
Third Avenue
Third Avenue E Street Center Street East 2 hours
Third Avenue Center Street Madrona Avenue East 30 minutes
or 2 hours
Third Avenue Madrona Avenue Alvarado Street East 2 hours
Third Avenue E Street Roosevelt Street West 2 hours
Desiqnated
Parkinq Lot
NO.1
NO.2
NO.3
NO.4
NO.5
NO.6
NO.7
NO.8
NO.9
NO.10
No. 11
NPSC
Location
Near southwest corner of Landis and E streets
Northeast corner of Landis and Davidson streets
200 block of Landis (North of F Street)
340 F Street (Near southwest corner of E Street)
Near southeast corner of Third and Madrona
Northwest corner of Church and Madrona streets
Southwest corner of Church and Center streets
281-287 Church Avenue (Between Church and Del Mar streets)
Southwest corner of Church and Davidson streets
Northwest corner of Church and Davidson streets
222 Church Avenue (Between E and Davidson streets)
Norman Park Senior Center (Between F and Center streets)
Duration
10 hours
4 hours
10 hours
3 hours/Unlimited
4 hours
10 hours
10 hours
10 hours
4 hours
10 hours
10 hours
2 hours
The city engineer shall maintain within a register a Schedule XI listing the restrictions applicable to
these locations where parking meter zones have been established. (Ord. 2983 S 2,2004; Ord. 2712 S
1, 1997; Ord. 2670, 1996; Ord. 2623 S 1, 1995; Ord. 2488 S 2, 1991; Ord. 2436 S 4, 1991; Ord. 973 S
1,1966; prior code S 19.22.1).
10.56.050 Meter zones - Authorization for establishment.
The city engineer is hereby authorized, subject to the adoption by the city council of amendments
by ordinance to CVMC 10.56.040 and Schedule XI, to establish parking meter zones and the rate of
fees at other locations upon those streets or parts of streets where it is determined upon the basis of
.an engineering and traffic investigation that the installation of parking meters shall be necessary to
aid in the regulation, control and inspection of the parking of vehicles. (Ord. 2670 S 1, 1996; Ord. 973
S 1, 1966; prior code S 19.17.1(8)).
10.56.060 Meters - Placement and removal of posts.
The city engineer shall cause parking meter posts and appropriate parking control devices to be
installed and removed pursuant to this chapter in a parking meter zone. (Ord. 2670, 1996; Ord. 973
S 1,1966; prior code S 19.17.1(C)).
,10.56.070 Meters -Installation - Authority.
5-45
The city finance officer shall cause parking meters to be installed in accordance with the rate of
fees adopted by the city council in a parking meter zone. (Ord. 2670 S 1, 1996; Ord. 973 S 1, 1966;
prior code S 19.17.1 (0)).
10.56.080 Meters - Installation - Location.
. Individual p~arking meters shall be installed upon the curb or sidewalk or area immediately
iadjacent to each parking space in a parking meter zone. Each meter shall be placed in such manner
,as to show or display by sign or signal that the parking space adjacent thereto is or is not legally in
;use. Multi-space parkinq meters shall be located within the zone requlated and indicated bv
laDPropriate parkinq control devices. (Ord. 2670 S 1, 1996; Ord. 973 S 1, 1966; prior code
's 19.172(A)).
,
'10.56.090 Meters. Individual- Opcr:1tion dcscribedDisplay of time limit.
,
i Each parking meter shall be set-desiqned to display, after the operational procedure has been
!completed, a sign or signal indicating legal parking for that period of time conforming to the limit of
! parking time or portion thereof for which payment has been made for the zone in which said parking
[meter is installed, and shall continue to operate from the time of the completion of the operational
: procedure until the expiration of the time fixed as the parking limit or a portion thereof for the parking
,space for which said meter is placed. Each saiG-parkinq meter shall also be arranged so that upon
:the expiration of said legal parking time it will indicate by a mechanical operation and by proper signal
,that the lawful parking period has expired. (Ord. 2670 S 1, 1996; Ord. 973 S 1, 1966; prior code
,S 1917.2(8)).
,10.56.095 Meters. Multi-space-Display of time limit
. A multi-space meter shall, after deposit of payment required, dispense a ticket on which the amount
!cif payment deposited, the applicable meter zone/lot that the ticket for which the ticket is valid, and
iexpiration date and time of valid parkinq period wi[1 be displayed.
I
: 1 0.56.1 00 Meter zone - Manner of parking required.
: When any vehicle is to be parked within a parkinq space reaulated bv a parkinq meter, the ODerator
,
rof said vehicle shall park within the assiqned area desiqnated bv markina lines indicatina Darallel.
:diaqonal. perpendicular, or other such manner of parkina.
: ~ When a parking space in ::myrequlated bv a parking meter i09fl8-is parallel to an adjacent curb
:or sidewalk, any vehicle parked in such parking space shall be parked so that the foremost part of
: such vehicle sha[1 be alongside of the nearest parking meter;-"
! ~wWhen a parking space in ::myrequlated bv a individual parking meter i09fl8-is diagonal to a
Icurb or sidewalk, any vehicle parked in such parking space shall be parked with the foremost part of
isuch vehicle directly at and nearest to such meter.
! C. When a parkinq space is requlated bv a multi-space meter, any vehicle parked within such
!parkinq space shall park in a manner such that the foremost Dart of the vehicle enters the space prior
[to the remainder of the vehicle. (Ord. 2670 S 1, 1996; Ord. 973 S 1, 1966; prior code S 19.17.3).
,
110.56.110 Meter - Driver operations required.
i 'Nhon ::m:,' vchiclo ie to bo p::Jrkcd noxt to :J p:Jrking motor, tho owner of or opomtor of e::lid vo~ic!i:;
leh:J[! p:Jrk within the :Jeeignod :Jr:J:J doeign:Jtod by m:Jrking linoe indic:Jting p:Jr:Jllo! or ::ii:Jgon:::1
!p:Jrking. Upon ont:Jring e:Jidparkinq a vehicle in a parking space requlated bv a parkinq meter, the
I owner or operator of such vehicle shall immediately dopoeitmake payment in the amount :J coin or
Icoine of the United St:Jtce or other :Juthorized tekensPQ'iment Qe required by CVMC Section
! 1 0.56.020 for the time limit e:Jid pmking meter Qnd conforming to the limit of p:Jrking time or any
jatl#lorized fractional portion of such limit as may be authorized for the zone in which said parking
:meter IS Installed. .
5-46
A. For an individual parkinq meter, aAfter the deposit of-stlffi coin, coins or other Cluthorized
tokene-payment as required by this section, the owner or operator of such vehicle shall turn any crank,
knob, handle or other device or perform such other actions as may be required in accordance with the
instructions posted on the face of said parking meter.
B. For a multi-space meter, the owner or operator of such vehicle shall select the time period that
the vehicle will remain parked in the parkinq space. make payment in the manner required in
accordance with the instructions on said parkinq meter, remove the ticket dispensed from the parkinq
meter. and place such ticket on the dashboard of said vehicle such that it is clearly visible from the
exterior of the vehicle. (Ord. 2670 S 1, 1996; Ord. 973 S 1, 1966; prior code S 19.17.4(A)).
10.56.120 Meter zone - Parking unlawful when.
Said parking space may then be used by such vehicle during the legal parking limit or fractional
'part thereof as may be authorized for the zone in which said parking meter is installed. Said vehicle
;shall be unlawfully parked if it remains in said space:
A. When the owner or operator has not complied with the operational procedure described in
'CVMC 10.56.110; or
B. Beyond the legal parking limit or fractional part thereof as indicated by a sign or signal displayed
'by such porkingthe individual parkinq meter.
C. Bevond the leqal parkinq limit or fractional part thereof as indicated on the ticket dispensed from
the multi-space parkinq meter. (Ord. 2670 S 1, 1996; Ord. 973 S 1, 1966; prior code S 19.17.4(B)).
.10.56.130 Parking meter - Overtime.
No person shall permit a vehicle to remain parked in any parking meter zone when the meter
shows the parking time has expired or the ticket dispensed by the multi-space meter shows the
parkinq time has expired. (Ord. 2670 S 1, 1996; Ord. 1867 S 2, 1979; Ord. 973 S 1, 1966; prior code
S 19.17.4(C)).
:10.56.140 Parking meter- Extra time prohibited.
, A. No person shall permit a vehicle to remain parked beyond the period of legell pelrking time limit
established for any parking meter zone in which the vehicle is parked.
B. No person shall deposit or cause to be deposited in a parking meter any coins pavment for the
. purpose of increasing or extending the porking time durinq which a vehicle is parkedof ony ':ehicle
: beyond the 18go1 porking time limit whish hos been established for the porking epClce odjocent tD
'which eoid parking meter iG pbcedzone in which the vehicle is parked. (Ord. 2670 S 1,1996; Ord.
1867 S 2, 1979; Ord. 973 S 1, 1966; prior code S 19.17.4(0)).
10.56.150 Parking meter - Time of operation.
Parking meters shall be operated in parking meter zones every day between the hours of 9:00 a.m.
and 6:00 p.m., except Sundays and holidays defined in CVMC 10.08.110; prDvided, however, thot
whenever the city council pro':idee b,' resolution Dr ordinance that the porking time limite sholl be
. eneeli'/e elt other timeG, Gelid pelrking time limits chall be effective elt ouch other times, and coid
'pelrking meterc ohelil be operelting during elll th8 times within which the pelrl(ing time limit is effective.
(Ord. 2670, 1996; Ord. 2436 S 5, 1991; Ord. 1867 S 2, 1979; Ord. 973 S 1, 1966; prior code S 19.17.4
(E)).
.10.56.160 Parking meter - Tampering with.
It is unlawful and a violation of the provisions of this chapter for any unauthorized person to deface,
injure, tamper with, open or willfully break, destroy, or impair the usefulness of any parking meters
installed under the provisions of this chapter. (Ord. 2670 S 1, 1996; Ord. 1867 S 2, 1979; Ord. 973
S 1, 1966; prior code S 19.17.5).
10.56.180 Meters - Improper use prohibited.
5-47
No person shall deposit or cause to be deposited in any parking meter any defaced" Bf-bent or
counterfeit coin, or ::my slug, coin other than those of the United States. device" or other material or
instrument as mct31!ic substitute for a coin of the United States, except parking meter tokens
'authorized by the city; or dcf3co, injure, t3mpor '.'lith, opon or willfully br03k, dostroy, or imp::Jir tho
usefulnoss of 3ny p3rking metor (Ord. 2670 S 1, 1996; Ord. 973 S 1, 1966; prior code S 19.17.7).
10.56.190 Deposit of coins by unauthorized person prohibited.
No person, other than the owner or operator of a vehicle, or a member of the police department, as
:authorized in CVMC 10.56.110 through 10.56.150, shall deposit any €&ift-pavment in any parking
meter without the knowledge or consent of said owner or operator of the vehicle using the parking
space requlated bv suchim~cci:Jtcly :J6j3cont to :::3id meter. (Ord. 2670 S 1, 1996; Ord 973 S 1,
1966, prior code S 19.17.8).
10.56.200 Meters - Limitations on use for certain purposes.
No person other than an authorized employee of the city shall attach anything to a parking meter or
parking meter standard. No person shall allow a bicycle, newsrack or any other article or thing to lean
against a parking meter or a parking meter standard. (Ord. 2670 S 1, 1996; Ord. 973 S 1, 1966; prior
code S 19.17.9).
10.56.210 Rules of evidence - Parking in metered space deemed unlawful when.
The parking or standing of any motor vehicle in a parking space, at which space the parking meter
displays the sign or signal indicating illegal parking, shall constitute a prima facie presumption that the
vehicle has been parked or allowed to stand in such space for a period longer than permitted by this
chapter. (Or6 2670 S 1, 1996; Ord. 973 S 1, 1966; prior code S 19.17.1 O(A)).
10.56.220 Rules of evidence - Vehicle deemed parked by owner when.
The parking or standing of any motor vehicle in a parking space which is controlled or regulated
with the aid of a parking meter shall constitute a prima facie presumption that the vehicle has been
parked or caused to be parked by the owner of such vehicle. (Ord. 2670 S 1, 1996, Ord. 973 S 1,
1966; prior code S 19.17.10(B)).
10.56.230 Rules of evidence - Parking in unmetered space deemed owner's responsibility.
The parking or standing of any motor vehicle in any parking space upon any street, alley or public
place or parking lot in the city shall constitute a prima facie presumption that the vehicle has been
parked or caused to be parked by the owner of such vehicle. (Ord. 2670 S 1, 1996; Ord. 973 S 1,
1966; prior code S 19.17.10(C)).
10.56.240 Meters - Collection of deposited coins.
The coins deposited in the parking meters shall be collected by duly authorized agents of the city
finance officer. (Ord. 2670 S 1,1996; Ord. 973 S 1, 1966; prior code S 19.17.11).
10.56.250 Meters - Purchase, lease and maintenance jurisdiction.
The purchasing, leasing, repairing and maintenance of parking meters; the placement and removal
of parking meters from parking meter posts; and the payment of any and all expenses relating or
incidental thereto shall be under the jurisdiction of the city finance officer. (Ord. 2670 S 1, 1996; Ord.
973 S 1, 1966; prior code S 19.17.12).
10.56.260 Meters - Use of moneys collected.
All moneys collected from parking meters in the city shall be placed in a special fund, which fund
shall be devoted exclusively to any or all of the following purposes:
A. For the purchasing, leasing, installing, repairing, maintaining, operating, removing, regulating
and policing of parking meters in this city and for the payment of any and all expenses relating or
incidental thereto;
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B. For the purchasing, leasing, acquiring, improving, operating and maintaining of off-street parking
facilities in the city;
C. For the installation and maintenance of traffic control devices and signals;
D. For the painting and marking of streets and curbs required for the direction of traffic and parking
of motor vehicles;
E. For the proper regulation, control and inspection of parking and traffic upon the public streets;
F. To be pledged as security for the payment of principal and interest on off-street parking revenue
bonds issued by the city or any parking district organized within the city. (Ord. 2670 & 1, 1996; Ord.
973 & 1, 1966; prior code & 19.17.13).
10.56.270 Permit parking - Established - Administration authority.
Notwithstanding any other provisions of this chapter, there is hereby established a system of permit
parking which the finance office, or his desiqnee. shall administer subject to the standards and
provisions set forth in CVMC 10.56.280 through 10.56.320. (Ord. 2670 & 1,1996; Ord. 973 & 1, 1966;
prior code & 19.17.14).
10.56.280 Permit parking - Authorized when - Sticker or tag required.
In those parking meter zones and municipal parking lots approved by ordinance of the city council,
described in CVMC 10.56.290 and listed in Schedule XII of the register maintained by the city
engineer, RB-sperson ffiaIl- ~park any vehicle upon any public parking lots, desiqnated bv a 10-
hour time limit owned or operated by the city upon proper displav of;] v::liid ::md current p:Jrkinq
parmit. in lieu of depoeit of p:Jvment in the p:Jrkinq meter. except when ouch vehicle is p::Jrked in
::Jccord::Jnce with rcgul::itions on ::JppropriQte eigne erected, giving net;,oe of the requirements to dieplQY
the permit pmking t:Jg (or for::J deeignQted employee p::Jrking lot, a valid and current parkinq permit-"
in lieu of deposit of payment in the parkinq meterp::Jrking eticker obt:Jined from the director of
pereonnel in t!le m::Jnner required by CVMC 10.56.310) ::lnd then only for the durQtion epecified in
e::Ji:J Schedule XII ::Jnd on e::Jid eigne. (Ord. 2670, 1996; Ord. 2436 & 6,1991; Ord. 2131 & 1,1985;
Ord. 973 & 1, 1966; prior code & 19.17.14(A)).
10.56.290 Permit parking - Areas designated - Schedule XII.
Pursuant to Vehicle Code Sections 22508 and 22519 and in accordance with CVMC 10.56.270 and
1056.280, the following areas are also designated as permit parking areas wherein vehicles
displaying appropriate parking permits or tags shall be allowed to park in spaces so marked for up to
10 hours (all day).
Schedule XII
Parking Zone
Public Parking Lots 1 to +G-11
(Parking Meter Zones)
E~pb)":::o ~crl"ing :..ot
Location
See CVMC 1056.040 for locations
North oi:::" of F Stroot, 'Noet of Fourth ,^,'Ionuo (woet of tho firo et:ltion an:::
th:l: :lrO:l oast :lnd north of tho fire st:ltion)
Woet of MC)('v'::::I! RO::Jd :It tho John Lippitt Public VVorl\e Contor
'NDet of Fourth N:Dnuo :md south of F Z;treet (oelet of tho k;r, Leo
BUilding)
Poli:::::: Qc;:;:::,"t:-:",:::nt P:Jrl\ing E:Jst of Fourth /i/onuo :lnd south of F Z;trcot (oact of tho now Police
.st~'Jctur::: Dop:Jrtmont)
(Ord. 2983 & 3, 2004, Ord. 2670, 1996; Ord. 2488 & 3, 1991; Ord. 2436 S 7, 1991; Ord. 2131 S 1,
1985; Ord. 973 & 1, 1966; prior code & 19.22.1).
Emp!cj'oo PQr!\'ng LD:
\o(o~. L:::::: Bui!ding Pcrking Lot
10.56.300 Permits or tags - Cost - Period of validity - Prorating permitted when.
~For the required fee (s) said parking permits shall be sold to cover a calendar quarter of three
months' duration only, for the required fo:::(s)." Said tags-permits may be obtained at the city finance
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office or other desiqnated location. Applicants must be merchants or employees of merchants owning
or operating businesses within the downtown business area or city officers on behalf of city
:employees assigned to Norman Park Center. Applicants may request a proration of the quarterly fee
if they are purchasing a permit for the balance of the calendar quarter, and such proration shall be
'made at the sole discretion of the finance officer, or his desiqnee. elnd no oth:::r pro:eltion chelll be
'elllowed. For cmployeec elccigne:d elt city hel!l, jJcrmitc may be ob:eli.1e:d fro~ the director of perconnel
fo: pc:ki::g in the: cdjocent cmployec pelrking lot. (Ord. 2670 S 1, 1996; Ord. 2506 S 1, 1992; Ord.
2488 S 4, 1991, Ord. 2436 S 8, 1991; Ord. 2131 S 1, 1985; Ord. 973 S 1, 1966; prior code
S 19.17.14(8)).
10.56.310 Permits or tags - Sale procedure Placement of ctickerDisplav of permit.
The finance officer. or his desiqnee. shall establish the necessary procedure for the sale of such
tass oermits, and shall obtain the necessary~ permits which when displayed from the interior of a
vehicle shall be clearly visible from the exterior of the vehicle. Said togc chell! be pbcod on the intorior
ro:Jr viow ~i:ror whon the vehicle ic prked, elnd chelll be romo'/ed before tho '/ehiclc ie pbceEHR
motion. For employees with parking cticke:rc for the: emploYDD lot obtained from the director of
porconn:::l, the ctie;lc}r choll be piGced within::: co'/on inch cqu::trc in tho lov,'oct corner fClrthoct
re;" .ulod from tho driver'c poci:ion of tho frcnt windchield pu:euont to tho mquiremontc of Soction
26708 of tho C:Jlifo:nia Vehiek, Codo. (Ord. 2670 S 1, 1996; Ord. 2436 S 9, 1991; Ord. 973 S 1, 1966;
prior code S 19.17.14(C)).
10.56.320 Permits or tags -Issuance and use.
Such permits or tags shall be issued to the person applying therefor, and may be used on any
vehicle owned by the permittee displaying such permit, decal, or tag. (Ord. 2670 S 1, 1996; Ord. 2436
S 10, 1991; Ord. 973 S 1, 1966; prior code S J 9; 17.14(D)).
5-50
Chapter 10.62
PARKING VIOLATIONS AND ENFORCEMENT
Sections:
10.62.010
10.62.020
1062030
Parking viobtione enforcement - Authorized AaqentsViolJtione.
Enforcement - Written notice of violation - Contents - Placement.
Civil and late pavment penalties and fees.
1 0.62.()i0 Parking vi 0 k,tfons:enfo rcemen-t .~ Authorized Aaqen-ts\'iobiions:.--
A. Enforcomont. Every Pflolice officer and every City employee, and every volunteer (designated
by the Chief of Police) charged with enforcement of the provisions of Chapters 10.52, 10.56 and
10.60 CVMC relating to illegal parking and time limitations in parking meter zones, the provisions of.
the California Vehicle Code, and the other laws of the state applicable to parking violations within the
City, shall have the duty, when any vehicle is illegally parked, to issue written notice of violation
thereof stating the state vehicle license number, make of such vehicle, the time and date of such
illegal parking, meter number, street location, and a reference to the appropriate section of the code
and the amount of the penalty for the violation. Such notico ehJIl bo JttJchod to eaid vohiclo in a
conepicuoue placo upon tho '/ohiclo so as to bo oaeily obeorvod by tho poreon in chargo of euch
"ohiclC) uponhie roturn thoroto.
B. Contract Enforcement. The Citv mav enter into a contract with a dulv qualified companv.
approved bv the Chief of Police. to provide enforcement of the Chula Vista Municipal Code Chapters
10.52. 10.56 and 10.60 relatinq to CVMC infractions onlv.
10.62.020 Enforcement - Written notice of violation - Contents - Placement.
'When anv vehicle is illeqallv parked an authorized aqent may issue written notice of violation. in
conformance with Vehicle Code El 40202. The peace office or person authorized to enforce parkinq
laws and requlations shall securely attach to the vehicle a notice of parkino violation settinq forth the
violation includinq reference to the section of this code or of the Public Resources Code. the local
ordinance. or the federal statute or requlation so violated: the date: the approximate time thereof: the
location where the violation occurred; a statement printed on the notice indicatinq that the date of
pavment is required to be made not later than 21 calendar davs from the date of citation issuance;
and the procedure for the reqistered owner. lessee or rentee to deposit the parkinq penalty or
pursuant to Section 40215. contest the citation. The notice of parkinq violation shall also set forth the
vehicle license number and reqistration expiration date if they are visible. the last four diqits of the
vehicle identification number. if that number is readable throuqh the windshield. the color of the
vehicle. and. if possible. the make of the vehicle. The notice of parkinq violation. or copv thereof.
shall be considered a record kept in the ordinarv course of business of the issuinq aqency and the
processinG aGency and shall be prima facie evidence of the facts contained therein. The notice of
parkinq violation shall be served bv attachinG it to the vehicle either under the windshield wiper or in
another conspicuous place upon the vehicle so as to be easilv observed bv the person in charqe of
the vehicle upon the return of that person.
10.62.030 Civil and late pavment penalties and fees. .
B. Civil and LJto P:Jymont Pcnaltioe :Jnd Face. Fo: tho purposc of rogubting the ueo of e:roote:
1. Base penalty amounts for the following Chula Vista Municipal Code violations shall be
$12.00 if paid within 30 days of the notice of violation CVMC 10.56.100; 10.56.110; 10.56.120;
10.56.140.
2. Base penalty amounts for the following Chula Vista Municipal Code violations shall be
$50.00 if paid within 30 days of the notice of violation: CVMC 10.52.485.
3. Base penalty amounts for the following Chula Vista Municipal Code violations and
California Vehicle Code violations shall be $25.00 if paid within 30 days of the notice of violation:
CVMC 10.52.100; 10.52.110; 10.52.120; 10.52.130; 10.52.200; 10.52.210; 10.52.240; 10.52.330;
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,10.52.390; 10.52.420; 10.52.430; 1052.480; 10.56.130; 10.56.310. California Vehicle Code Sections
:2113(a); 22515; 22520.
4. Base penalty amounts for the following Chula Vista Municipal Code violations and
:California Vehicle Code violations shall be $35.00 if paid within 30 days of the notice of violation:
:CVMC 10.52.040; 10.52.060; 1 0.52.070(A)(1) - (14); 10.52.090; 10.52.150; 10.52.160; 10.52.180;
I
'10.52.190; 10.52.230; 10.52.270; 10.52.290; 10.52.310; 10.52.360; 10.52,450; 10.60.030; 10.60.050;
:10.60.060; 10.60.080; 10.60.090; 10.60.100. California Vehicle Code Sections 21211; 22500(a) - (h);
225000), (k); 22500.1; 22514; 22516; 22517.
i 5. Base penalty amounts for the following California Vehicle Code violations shall be $25.00.
;The base penalty will be reduced to $10.00 upon submission of proof of correction within the time
!frames specified in the Vehicle Code of the state of California: California Vehicle Code Sections 5200;
i5201; 5204(a).
6. The base penalties for the following California Vehicle Code violations shall be as set forth
'below:
California Vehicle Code Sections 4462(b) - $10000; 22500(i) - $250.00; 22500(1) - $275,00;
22507.8 - $330.00; 22522 - $275.00; 22523 - $100.00; 22526 - $50.00
, 7. The base penalties for Chula Vista Municipal Code and California Vehicle Code violations
not listed above shall be $35.00 if paid within 30 days of the notice of violation, unless the penalty
:amount is set by the Vehicle Code of the state of California.
8. The owner or operator may mail such payments to the City's Director of Finance within the
time established herein, but shall be responsible for delivery thereof to the office of the Director of
Finance.
9. Late Payment Penalties. All base penalties under $250.00 listed in subsections (B)(2)
through (6) of this section shall double if not paid within 30 days of the notice of violation, unless
specifically restricted by the Vehicle Code of the state of California. The penalty for violations listed in
subsection (B)(1) of this section shall be $35.00 if the penalty is not paid within 30 days of the notice
of violation.
: C. Failure to Pay. Failure to pay the appropriate penalty as provided herein or failure to contest the
'violation pursuant to Sections 40200.7 and 40215 of the Vehicle Code of the state of California will
result in either notification of the Department of Motor Vehicles, which agency shall collect the
'maximum penalties and fee(s) established hereby at such time as the owner or operator seeks to
register his vehicle in accordance with the provisions of Section 4760 of the Vehicle Code of the state
'of California, or if applicable, in legal proceedings being instituted in court against the person
,responsible for the unpaid penalties and fees in accordance with the provisions of Section 40220 of
'the Vehicle Code of the state of California. For those citations that remain unpaid beyond 30 days
and for which a hold is placed on the registration by the Department of Motor Vehicles, an additional
.$10 00 fee shall be assessed, (Ord. 3094 S 1, 2007; Ord. 2923 S 2, 2003; Ord. 2670 S 1, 1996; Ord.
2638 S 1, 1995; Ord. 2490 S 1,1991; Ord. 2136 S 1, 1985; Ord. 2097 S 1, 1985; Ord. 1960 S 1,1981;
'Ord. 1867 S 3, 1979).
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Attachment C - Clean Version ofCVMC Chapter 10
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II
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Sections:
10.08.010
10.08.020
1008030
1008031
1008032
1008033
1008034
1008040
10.08.050
1008060
1008070
10.08.080
10.08.090
10.08.095
10.08.100
10.08.110
10.08.120
1008.130
10.08.140
10.08.145
. 10.08.146
10.08.147
10.08.150
10.08.155
10.08.160
10.08.170
10.08.180
10.08.190
10.08.195
10.08.200
10.08.210
10.08.215
10.08.216
10.08.220
Chapter 10.08
DEFINITIONS'
Definitions.
Alley.
Bicycle.
Bicycle dealer.
Bicycle lane.
Bicycle path.
Bicycle route.
Bus.
Bus loading zone.
Business district.
Council.
Crosswalk.
Curb.
Cyclist.
Divisional island.
Holidays.
Loading zone.
Official time standard.
Park or parking.
Parking control measure.
Parking control device.
Parking enforcement, Contract.
Parking meter, Individual.
Parking meter, Multi-space.
Parkway.
Passenger loading zone.
Pedestrian.
Police officer.
Regulation
Stop or stopping.
Taxicab stand.
Traffic control measure.
Traffic control device.
Vehicle Code.
For statutory definition of terms in the Vehicle Code, see Veh. Code S 100, et seq.
10.08.010 Definitions.
The following words and phrases, when used in this title, shall for the purpose of this title have the
,meanings respectively ascribed to them in this chapter. Words and phrases defined herein in the
language of the Vehicle Code of the state of California shall be cited by the section number of said
Vehicle Code as indicated. Whenever any words or phrases used herein are not defined herein but
are defined in the Vehicle Code and amendments thereto, such definitions shall apply. (Ord 2670
S 1,1996; Ord. 973 S 1, 1966; prior code S 19.1,3).
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I.
10.08.020 Alley.
, "Alley" means any public highway, having a roadway not exceeding 25 feet in width, which is
[primarily used for access to the rear or side entrances of abutting property. (Cite Section 110 Vehicle
'Code.) (Ord. 2670 S 1, 1996; Ord. 973 S 1, 1966; prior code S 19.1.3(A)).
10.08.030 Bicycle.
. "Bicycle" means any device upon which any person may ride, propelled by human power through a
belt, chain or gears, and having either two or three wheels in tandem or tricycle arrangement,
excepting therefrom any such device not more than three feet in height, used by small children. (Ord.
2670 S 1, 1996; Ord. 1830 S 1, 1978; Ord. 973 S 1, 1966; prior code S 19.1.3(B)).
10.08.031 Bicycle dealer.
"Bicycle dealer" means any person, firm, partnership or corporation which is engaged wholly or
partly in the business of selling bicycles, or buying or taking in trade bicycles for the purposes of
resale, selling or offering for sale, or otherwise dealing with bicycles, whether or not such bicycles are
owned by such person or entity. The term also includes agents or employees of such person or entity.
(Ord. 2670 S 1, 1996; Ord. 1830 S 1, 1978).
10.08.032 Bicycle lane.
"Bicycle lane" means any lane within the roadway designated by signs and markings for the
operation of bicycles. (Ord. 2670 S 1, 1996; Ord. 1830 S 1, 1978).
10.08.033 Bicycle path.
"Bicycle path" means any specifically designated area for bicycle travel, physically separated from
the roadway. (Ord. 2670 S 1, 1996; Ord. 1830 S 1, 1978).
10.08.034 Bicycle route.
"Bicycle route" means any route recommended for bicycle travel, which may include bicycle paths
and public streets for accommodating bicycle riders. (Ord. 2670 S 1, 1996; Ord. 1830 S 1, 1978).
10.08.040 Bus.
"Bus" means any motor vehicle, other than a motor truck or truck tractor, designed for carrying
more than nine persons including the driver and used and maintained for the transportation of
passengers. (Cite Section 233 Vehicle Code.) (Ord. 2670 S 1, 1996; Ord. 973 S 1, 1966; prior code
S 19.1.3(C))
10.08.050 Bus loading zone.
"Bus loading zone" means the space adjacent to a curb or edge of roadway reserved for the
exclusive use of buses during loading and unloading passengers. (Ord. 2670 S 1, 1996; Ord. 973 S 1,
1966; prior code S 19.1.3(D)).
10.08.060 Business district.
"Business district" means that portion of a highway and the property contiguous thereto:
A. Upon one side of which highway, for a distance of 600 feet, 50 percent or more of the
contiguous property fronting thereon is occupied by buildings in use for business; or
B. Upon both sides of which highway, collectively, for a distance of 300 feet, 50 percent or more of
the contiguous property fronting' thereon is so occupied.
A business district may be longer than the distances specified if the above ratio of buildings in use
for business to the length of the highway exists. (Cite Section 235 Vehicle Code.) (Ord. 2670 S 1,
1996; Ord. 973 S 1, 1966; prior code S 19.1.3(E)).
5-55
10.08.070 Council.
"Council" means the council of the city of Chula Vista. (Ord. 2670 S 1, 1996; Ord. 973 S 1, 1966;
prior code S 19.1.3(F)).
10.08.080 Crosswalk.
"Crosswalk" means:
A. That portion of a roadway included within the prolongation or connection of the boundary lines of
sidewalks at intersections where the intersecting roadways meet at approximately right angles,
except the prolongation of such lines from an alley across a street; or
B. Any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings
on the surface.
Notwithstanding the foregoing provisions of this section, there shall not be a crosswalk where local
authorities have placed signs indicating no crossing. (Cite Section 275 Vehicle Code.) (Ord. 2670 S 1,
1996; Ord. 973 S 1, 1966; prior code S 19.1.3(H)).
10.08.090 Curb.
"Curb" means the lateral boundary of the roadway, whether such curb be marked by curbing
construction or not so marked; the word "curb" as herein used shall not include the line dividing the
. roadway of a street from parking strips in the center of a street or from tracks or rights-of-way of
public utility companies. (Ord. 2670 S 1, 1996; Ord. 973 S 1, 1966; prior code S 19.1.3(H)).
10.08.095 Cyclist.
"Cyclist" means any bicycle operator. (Ord. 2670 S 1, 1996; Ord. 1830 S 1, 1978).
10.08.100 Divisional island.
"Divisional island" means a raised island located in the roadway and separating opposing or
conflicting streams of traffic. (Ord 2670 S 1, 1996; Ord. 973 S 1, 1966; prior code S 19.1.3(1)).
10.08.110 Holidays.
"Holidays," within the meaning of this chapter, are the first day of January, the third Monday in
January, the twelfth day of February, the third Monday in February, last Monday in May, the fourth
day of July, the first Monday in September, the ninth day of September, the second Monday in
October, the eleventh day of November, the twenty-fifth day of December and Thanksgiving Day.
When any of the holidays listed in this section fall on Saturday, the preceding Friday shall be deemed
to be a holiday in lieu of the day observed, and when any of the holidays listed in this section fall on
Sunday, the following Monday shall be deemed to be a holiday in lieu of the day observed. (Ord.
2670, 1996; Ord. 2638 S 1, 1995; Ord. 1663 S 1, 1976; Ord. 973 S 1, 1966; prior code 8 19.1.3(J)).
10.08.120 Loading zone.
"Loading zone" means the space adjacent to a curb reserved for the exclusive use of vehicles
during the loading or unloading of passengers or materials. (Ord. 2670 8 1, 1996; Ord. 973 S 1, 1966;
prior code S 191.4(K)).
10.08.130 Official time standard.
Whenever certain hours are named herein, they mean standard time or daylight saving time, as
may be in current use in the city. (Ord. 2670 8 1, 1996; Ord. 973 8 1, 1966; prior code 8 19.1.3(L)).
10.08.140 Park or parking.
"Park" or "parking" means the standing of a vehicle, whether occupied or not, otherwise than
temporarily for the purpose of, and while actually engaged in, loading or unloading merchandise or
passengers. (Cite Section 463 Vehicle Code.) (Ord. 2670 8 1, 1996; Ord. 97381, 1966; prior code
.8 19.1.3(M)).
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10.08.145 Parking control measure.
"Parking control measure" means any program, method or system used to regulate the parking of
vehicles. It includes the installation of a parking control device. (Ord. 2670, 1996).
10.08.146 Parking control device.
"Parking control device" means and includes any sign, marking, curb painting or similar device
used to regulate the parking of vehicles, as recognized and prescribed in the California Vehicle Code
and the state of California Traffic Manual. The term may be used interchangeably with "sign" within
this title. (Ord. 2670, S 1, 1996).
10.08.147 Parking Enforcement, Contract.
"Contract Enforcement" shall mean any duly qualified company that the City has entered into a
contract with and approved by the Chief of Police to provide enforcement of CVMC Chapters 10.52,
10.56 and 10.60 relating to CVMC infractions only in the parking zones.
10.08.150 Parking meter, Individual.
"Individual parking meter" means a mechanical device installed within or upon the curb or sidewalk
area immediately adjacent to a parking space for the purpose of controlling the period of time for the
occupancy of such parking space by any vehicle. (Ord. 2670 S 1, 1996; Ord. 973 S 1, 1966; prior
code S 19.1.3(N))
10.08.155 Parking meter, Multi-space.
"Multi-space parking meter" means a mechanical device installed within the parking zone for the
purpose of controlling the period of time for the occupancy of multiple parking spaces.
10.08.160 Parkway.
"Parkway" means that portion of a street other than a roadway or a sidewalk. (Ord. 2670 S 1, 1996;
Ord. 973 S 1, 1966; prior code S 19.1.3(0))
10.08.170 Passenger loading zone.
"Passenger loading zone" means the space adjacent to a curb reserved for the exclusive use of
vehicles during the loading or unloading of passengers. (Ord. 2670 S 1, 1996; Ord. 973 S 1, 1966;
prior code S 19.1.3(P)).
10.08.180 Pedestrian.
"Pedestrian" means any person afoot. (Ord. 2670 S 1, 1996; Ord. 973 S 1, 1966; prior code
S 19.1.3(Q)).
10.08.190 Police officer.
"Police officer" means every officer of the police department of the city or any officer authorized to
direct or regulate traffic or to make arrests for violations of traffic regulations. (Ord. 2670 S 1, 1996;
Ord. 973 S 1, 1966; prior code S 19.1.3(R)).
10.08.195 Regulation
The term "regulation," when used in this title, means one or more ordinances or resolutions that
have been or may be adopted by the city council, or a traffic regulation adopted and promulgated by
the city engineer pursuant to the authority and procedure contained in CVMC 10.04.030 for the
adoption and implementation of traffic and parking control measures. (Ord. 2670 S 1, 1996).
10.08.200 Stop or stopping.
"Stop" or "stopping," when prohibited, means any cessation of movement of a vehicle, whether
occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the
5-57
direction of a police officer or official traffic control device or signal. (Ord. 2670 S 1, 1996; Ord. 973
S 1, 1966, prior code S 19.13(S)).
10.08.210 Taxicab stand.
"Taxicab stand" means a space adjacent to a curb reserved for taxicabs to stand and wait for
passengers. (Ord. 2670 S 1, 1996; Ord. 973 S 1, 1966; prior code S 19.1.3(T)).
10.08.215 Traffic control measure.
"Traffic control measure" means any program, method or system used to regulate, warn or guide
the rnovement of traffic, vehicles and pedestrians, as recognized and prescribed in the California
Vehicle Code and the state of California Traffic Manual. It includes the installation of traffic control
devices. (Ord. 2670 S 1, 1996).
10.08.216 Traffic control device.
"Traffic control device" means any sign, marking or device used to regulate, warn or guide the
movement of traffic, pedestrians and vehicles, including, but not limited to, signs, pavement markings
and other markers as may apply, but it excludes roadway design features delineated in California
Vehicle Code Section 440. The term may be used interchangeably with "sign" within this title. (Ord.
2670 S 1, 1996).
10.08.220 Vehicle Code.
"Vehicle Code" means the Vehicle Code of the state, as amended. (Ord. 2670 S 1, 1996; Ord. 973
S 1,1966, prior code S 19.1.3(U)).
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Sections:
10.52.010
10.52.020
10.52.030
10.52.040
10.52.050
10.52060
10.52.070
10.52.080
10.52.090
10.52.100
10.52.110
10.52.120
10.52.130
,1052.140
10.52.150
10.52.160
10.52.170
10.52.180
10.52.190
10.52.200
10.52.210
10.52.220
1052.230
10.52.240
10.52.250
10.52.260
10.52.270
10.52.280
10.52.290
10.52.300
10.52.310
10.52.320
10.52.330
1052.340
10.52.350
10.52.360
10.52.370
10.52.380
10.52.390
10.52.400
10.52.410
1052.420
.10.52.430
.1052.440
10.52.450
Chapter 10.52
STOPPING, STANDING AND PARKING*
Stopping, standing or parking - Applicability of provisions.
Stopping, standing or parking - Scope of provisions.
Special stops required - Schedule" - Through streets and stop intersections.
Stopping, standing or parking - Within or on parkways - Prohibited.
No stopping zones and no parking areas - Authorized.
No stopping zones and no parking areas - Driver obedience required.
No parking areas - Designated.
No parking areas - Near fire hydrants or fire stations.
Commercial vehicles - Parking in residential districts prohibited when.
Storage of vehicles or camper bodies on streets prohibited - Time limit.
Parking for advertising or demonstration purposes prohibited when.
Repairing or greasing of vehicles prohibited where.
Washing or polishing of vehicles prohibited when.
No parking areas - Property adjacent to schools - Authorized when.
No parking areas - Property adjacent to schools - Driver obedience required.
No parking areas - Alleys - Exceptions permitted when.
No parking areas - Narrow streets - Authorized when.
No parking areas - Narrow streets - Driver obedience required.
Parking on grades - Wheels to be blocked when.
Peddlers and vendors - Parking permitted when - Time limit.
Repealed.
Emergency parking - Authorized when - Procedure.
Emergency parking - Driver obedience required.
Repealed.
Standing or parking - Applicability of provisions.
Parking - Scope of provisions.
Parking prohibited at all times on certain streets - Driver obedience required.
Repealed.
Parking - Prohibited during certain hours on certain streets - Driver obedience
required
Repealed.
Stopping, standing or parking - Prohibited during certain hours on certain streets -
Driver obedience required.
Repealed.
Parking - Time limited on certain streets - Driver obedience required.
Repealed.
Parallel parking - Permitted on one-way streets - Generally.
Parallel parking - Prohibited on one-way roadways when.
Repealed.
Parallel parking - Exception for certain commercial vehicles.
Diagonal parking - Required when - Procedure.
Repealed.
Diagonal parking - Applicability of provisions - Exceptions.
Motorcycles - Parallel parking permitted when.
Motorcycles - Diagonal parking permitted when.
Motorcycles - Applicability of provisions - Exceptions.
Parking - Prohibited during certain hours of certain days on certain streets for the
purpose of street sweeping - Driver obedience required.
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Repealed.
Parking - Scope of restrictions.
Municipal parking lots - Designated - Manner of parking required - Schedule XV.
Municipal parking lots - Sleeping or camping prohibited.
Prohibitions regarding parking of overheight vehicles - Schedule IX.
. . .
10.52.460
110.52.470
10.52.480
10.52.485
,
'10.52.490
For statutory provisions regarding the proper location for the erection of stop signs, see Veh. Code S 21355; for statutory
provisions authorizing local authorities to prohibit or restrict the parking or standing of vehicles on certain streets during all
or a portion of the day, see Veh. Code S 22507; for statutory provisions authorizing the prohibition of all-night parking, see
, Veh. Code S 22507.5, for statutory provisions authorizing impounding of cars left parked for 72 consecutive hours or more,
see Veh. Code S 22652.
CROSS REFERENCES. Loading Zones, see Ch. 10.60 CVMC. Abandoned Vehicies, see Ch. 10.80 CVMC. Off-Street
Parking and Loading, see Ch. 19.62 CVMC. Bicycles, seeCh. 10.72 CVMC.
-.-.
10,52.010 Stopping, standing or parking -Applicability of provisions.
The provisions of this chapter prohibiting the stopping, standing or parking of a vehicle shall apply
at all times or at those times herein specified, except when it is necessary to stop a vehicle to avoid
conflict with other traffic or in compliance with the directions of a police officer or official traffic control
,device. (Ord. 2670 S 1, 1996; Ord. 973 S 1,1966; prior code S 19.10.1(A)). .
10.52.020 Stopping, standing or parking - Scope of provisions.
The provisions of this chapter imposing a time limit on standing or parking shall not relieve any
person from the duty to observe other and more restrictive provisions of the Vehicle Code or
regulations prohibiting or limiting the standing or parking of vehicles in specified places or at specified
,times. (Ord. 2670, 1996; Ord 973 S 1, 1966; prior code S 1910.1 (B)).
10.52.030 Special stops required - Schedule II - Through streets and stop intersections.
In accordance with CVMC 10.32.010 and 10.32.020, pursuant to regulations and when appropriate
traffic control devices have been erected giving notice of special stops, drivers of vehicles shall stop
at every intersection before entering any of the streets or portions of streets, or one or more
,entrances to the intersections listed in Schedule II of the register maintained by the city engineer.
(Ord 2670,1996; Res. 17646, 1994; Res. 17418, 1994; Res. 17335, 1993; Res. 17334, 1993; Res.
17212,1993; Res, 16586, 1992; Res. 16192, 1991; Ord. 973 S 1,1966; prior code S 19.22.1).
10.52.040 Stopping, standing or parking - Within or on parkways - Prohibited.
No person shall stop, stand, park or place a vehicle, boat, trailer, camper or any other property
within any parkway. (Ord. 2670 S 1, 1996; Ord. 2176 S 1, 1986; Ord. 973 S 1, 1966; prior code
S 19.10.2).
10.52.050 No stopping zones and no parking areas - Authorized.
The city engineer is authorized to maintain, by appropriate parking control devices, or by paint upon
'the curb surface, all no stopping zones, no parking areas, and restricted parking areas, as defined
and described in this chapter. (Ord. 2670, 1996; Ord. 973 S 1, 1966; prior code S 19.1 0.3(A))
10.52.060 No stopping zones and no parking areas - Driver obedience required.
When curb markings or parking control devices are in place, no operator of any vehicle shall stop,
stand or park such vehicle adjacent to any such legible curb marking or parking control device in
violation of any of the provisions of this chapter. (Ord. 2670, 1996; Ord. 973 S 1, 1966; prior code S
19.10.3(B)).
10.52.070 No parking areas - Designated.
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A. No operator of any vehicle shall stop, stand, park or leave standing such vehicle in any of the
following places, except when necessary to avoid conflict with other traffic or in compliance with the
directions of a police officer or other authorized officer, traffic sign or signal:
1. In any area established by regulation as a no parking area, where such area is indicated by
'official parking control devices or red paint on the curb;
2. On a sidewalk;
3. Within an intersection;
4. Within a crosswalk;
5. Alongside or opposite any street excavation or obstruction when such standing, stopping or
parking would obstruct traffic;
6. On the roadway side of any vehicle stopped or parked at the edge or curb of the street;
7. Upon any bridge or other elevated structure upon a highway or within a highway tunnel;
I 8. Upon, along or across any railroad track in such manner as to hinder, delay or obstruct the
i movement of any car traveling upon such track;
I 9. Within any divisional island unless authorized and clearly indicated with appropriate signs
I and markings;
I 10. In front of a public or private driveway or within eight feet of the end of the curb radius
:1 'leading thereto;
',,1' 11. Within 20 feet of a crosswalk at an intersection;
12. Within 20 feet of the end of the curb radii at an intersection;
13. Within 30 feet of the approach to any flashing signal, stop sign or traffic control signal
located at the side of the roadway;
14. Within three feet of or in front of that portion of a curb which has been cut down, lowered,
or constructed to provide wheelchair accessibility to the sidewalk;
15 Within any of those places delineated by Section 22500 of the Vehicle Code.
R No person shall move a vehicle not lawfully under his control into any such prohibited area or
more than 18 inches away from a curb.
C For the purpose of minimizing traffic hazards and traffic congestion, the city engineer is
authorized to establish no parking or stopping zones. The length of these zones is not to exceed 200
feet.
D. Any vehicle parked in violation of any of the foregoing sections may be towed or otherwise
removed at the owner's expense if a sign is posted giving notice of the removal. The city engineer is
authorized to post signs giving notice of removal, where necessary.
E Enforcement Policy. When in the judgment of the traffic officer it is reasonable and practical to
do so, the owner, driver, or other responsible party shall be requested to move the car prior to being
towed, but not prior to being ticketed. (Ord. 2670, 1996; Ord. 2627 S 1, 1995; Ord. 973 S 1, 1966;
prior code S 19.104).
10.52.080 No parking areas - Near fire hydrants or fire stations.
It is unlawful for any person to park a vehicle within 15 feet of any fire hydrant or entrance to a fire
station within the city, except as otherwise indicated by a parking control device. (Ord. 2670, 1996;
prior code S 14.11).
10.52.090 Commercial vehicles - Parking in residential districts prohibited when.
A. No person shall park any commercial vehicle as defined in subsection (B) of this section having
a manufacturer's gross vehicle weight rating of 10,000 pounds or more in any residential district
(which includes parking on private property), except:
1. While actually loading or unloading property; or
2. While such vehicle is parked in the actual performance of a service to property in the block
in which such vehicle is parked.
B. For the purposes of this section, certain terms shall be defined as follows:
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1. "Commercial vehicle" shall mean single vehicles whose primary use is for commercial
purposes and having more than two axles or combination of vehicles having more than two axles; a
single vehicle or combination of vehicles 20 feet or more in length; or a single vehicle or combination
of vehicles six feet, eight inches or more in width, and shall include, but shall not be limited to, dump
trucks, moving vans, tractors, pole, or pipe dollies..
: 2. "Residential district" shall mean any block in which over 50 percent of the ground level
buildings fronting on said block are residential dwellings. Said dwellings may be single-unit structures
or multiunit structures. (Ord. 2670, 1996, Ord. 2190 S 1, 1987; Ord. 2176 S 2, 1986; Ord. 2024 S 1,
,1983; Ord. 973 S 1, 1966; prior code S 1910.5). .
,
10.52.100 Storage of vehicles or camper bodies on streets prohibited - Time limit.
A. No camper body which has been detached from a motor vehicle shall be left standing on a city
:street at any time.
. B. No person who owns or has possession, custody or control of any vehicle shall park such
:vehicle upon any street or alley for more than a consecutive period of 72 hours.
. C. Vehicles or camper bodies parked in violation of this section may be removed and impounded
as authorized by CVMC 10.80.120 and Vehicle Code Section 22651. (Ord. 2670,1996, Ord. 2033
S 1, 1983; Ord. 973 S 1, 1966; prior code S 19.10.6).
:10.52.110 Parking for advertising or demonstration purposes prohibited when.
No vehicle displaying advertising matter for the primary purpose of commercial advertising, as
prohibited by CVMC 5.08.030 through 5.08.060, shall park upon any residential street or public
parking area in this city. This prohibition shall not apply to a vehicle being offered "for sale" (Ord.
2946 S 1, 2004; Ord. 2670 S 1, 1996; Ord. 2255 S 1, 1988; Ord. 973 S 1, 1966; prior code S 1910.7).
10.52.120 Repairing or greasing of vehicles prohibited where.
No person shall build or cause to be built, rebuild or cause to be rebuilt, grease or cause to be
'greased, or perform any maintenance including changing of oil or flushing radiators on any vehicle or
any part thereof upon any public street or public parking area in the city. Except for temporary
emergency repairs, no person shall repair or cause to be repaired any vehicle upon a public street.
(Ord. 2670, 1996; Ord. 1744 S 1, 1977; Ord. 973 S 1, 1966; prior code S 19.10.8).
'10.52.130 Washing or polishing of vehicles prohibited when.
No person shall wash or cause to be washed, or polish or cause to be polished, any vehicle or any
part thereof upon any public street or public parking area in the city when a charge is made for such
service (Ord. 2670, 1996; Ord. 973 S 1, 1966; prior code S 19.10.9).
10.52.140 No parking areas - Property adjacent to schools - Authorized when.
The city engineer is hereby authorized to erect signs indicating no parking upon that side of any
street adjacent to any school property, when such parking would interfere with traffic or create a
,hazardous situation. (Ord. 2670, 1996; Ord. 973 S 1, 1966; prior code S 19.10.1 OrA)).
10.52.150 No parking areas - Property adjacent to schools - Driver obedience required.
. When official signs are erected prohibiting parking upon that side of a street adjacent to any school
.property, no person shall park a vehicle in any such designated place. (Ord. 2670 S 1, 1996; Ord. 973
S 1, 1966, prior code S 19.10.1 OrB)).
10.52.160 No parking areas - Alleys - Exceptions permitted when.
No person shall stop, stand or park any vehicle in any alley within the city except for the purpose of
:expeditiously loading or unloading passengers or materials, or when a service is being performed to
,or on property abutting such alley, which requires the immediate and necessary presence of a vehicle,
during the time such service is actually being performed. (Ord. 2670 S 1, 1996; Ord. 973 S 1, 1966;
priorcodes 19.10.12).
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,10.52.170 No parking areas - Narrow streets - Authorized when.
. The city engineer is authorized to place parking control devices or markings indicating no parking
'upon any street when the width of the roadway does not exceed 25 feet, or upon one side of a street
;as indicated by such signs or markings when the width of the roadway does not exceed 30 feet. (Ord.
,2670,1996; Ord. 973 S 1, 1966; prior code S 19.10.13(A)).
10.52.180 No parking areas - Narrow streets - Driver obedience required.
, When official parking control devices or markings prohibiting parking are erected upon narrow
streets, as authorized herein, no person shall park a vehicle upon any such street in violation of any
,such parking control device or marking. (Ord. 2670, 1996; Ord. 973 S 1, 1966; prior code S
19.10.13(8)).
,10.52.190 Parking on grades - Wheels to be blocked when.
No person shall park or leave standing any vehicle unattended on a highway when upon any grade
I 'exceeding three percent without blocking the wheels of said vehicle by turning them against the curb
or by other means which prevents the vehicle from rolling. (Ord. 2670, 1996; Ord. 973 S 1, 1966; prior
'code S 19.10.14).
,10.52.200 Peddlers and vendors - Parking permitted when - Time limit.
Except as otherwise provided in this chapter, no person shall stand or park any vehicle, wagon or
pushcart from which goods, wares, merchandise, fruits, vegetables or foodstuffs are sold, displayed,
solicited or offered for sale or bartered or exchanged, or any lunch wagon or eating car or vehicle, on
any portion of any street within this city, except that such vehicles, wagons or pushcarts may stand or
park only at the request of a bona fide purchaser for a period of time not to exceed 10 minutes at any
one place, The provisions of this section shall not apply to persons delivering such articles upon order
of; or by agreement with, a customer from a store or other fixed place of business or distribution.
(Ord. 973 S 1, 1966; prior code S 19,1 0.15(A)),
10.52.210 Peddlers and vendors - Parking and standing prohibited.
Repealed by Ord. 2670,1996. (Ord. 973 S 1, 1966; prior code S 19,10,15(8)).
10.52.220 Emergency parking - Authorized when - Procedure.
Whenever the city engineer determines that an emergency is likely to result from traffic congestion
caused by the holding of public or private assemblages, gatherings, or functions, or for other reasons,
the city engineer shall order temporary signs to be erected or posted indicating that the operation,
'parking or standing of vehicles is prohibited on such streets and alleys, as the city engineer shall
direct during the time such temporary signs are in place. Such signs shall remain in place only during
the existence of such emergency and the city engineer shall cause such signs to be removed
promptly thereafter. (Ord. 2670, 1996; Ord, 973 S 1, 1966; prior code S 19.10,16(A)).
10.52.230 Emergency parking - Driver obedience required.
When parking control devices authorized by the provisions of this section are in place giving notice
thereof, no person shall operate, park or stand any vehicle contrary to the directions and provisions of
the parking control device. (Ord. 2670, 1996; Ord. 973 S 1,1966; prior code S 19.10,16(8)).
10.52.240 Commercial vehicles - Display of warning devices required when.
Repealed by Ord. 2670, 1996. (Ord. 973 S 1, 1966; prior code S 19.10.17).
,10.52.250 Standing or parking - Applicability of provisions.
The provisions of this chapter prohibiting the standing or parking of a vehicle shall apply at all times
or at those times herein specified or as indicated on official parking' control devices, except when it is
necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a
5-63
police officer or other official traffic control device. (Ord. 2670, 1996; Ord. 973 S 1, 1966; prior code
S 1911.1).
10.52.260 Parking - Scope of provisions.
The provisions of this chapter imposing a time limit on parking shall not relieve any person from the
'duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing or
parking of vehicles in specified places or at specified times. (Ord. 2670 S 1, 1996; Ord. 973 S 1, 1966;
prior code S 19.11.2).
10.52.270 Parking prohibited at all times on certain streets - Driver obedience required.
Except upon Sundays and holidays specified in CVMC 10.08.110, it is unlawful to park a vehicle at
any time upon any street upon which a parking control device prohibiting such parking has been
installed by the city engineer by regulation adopted pursuant to CVMC 1004.030. The city engineer
shall maintain within a register a Schedule III which lists the streets or portions thereof upon which the
prohibitions of this section are in effect. (Ord. 2670, 1996; Ord. 973 S 1, 1966; prior code S 19.11.3).
10.52.280 Parking - Prohibited at all times on certain streets - Schedule III.
Repealed by Ord. 2670, 1996. (Res. 17470, 1994; Res. 17336, 1993; Res. 17240, 1993; Res.
17220, 1993; Res. 17003, 1993; Res. 16799, 1992; Res. 16585, 1992; Ord. 973 S 1, 1966; prior code
S 19.22.1).
10;52.290 Parking - Prohibited during certain hours on certain streets - Driver obedience
required.
Except upon Sundays and holidays specified in CVMC 10.08.110, it is unlawful to park a vehicle
between the hours specified of any day upon any street upon which a parking control device
p'rohibiting or regulating such parking has been installed by the city engineer by regulation adopted
pursuant to CVMC 1004030. The city engineer shall maintain within a register a Schedule IV which
lists the streets or portions thereof upon which the restrictions and prohibitions within this section are
in effect. (Ord. 2670, 1996; Ord. 973 S 1, 1966; prior code S 19.11.4).
10.52.300 Parking - Prohibited during certain hours on certain streets - Schedule IV.
Repealed by Ord. 2670, 1996. (Res. 16191, 1991; Ord. 973 S 1, 1966; prior code
S 19.22.1 ).10.52.31 0 Stopping, standing or parking - Prohibited during certain hours on certain
streets - Driver obedience required.
Except upon Sundays and holidays specified in CVMC 10.08.110, it is unlawful to stop, stand or
park a vehicle between the hours specified of any day upon any of the streets or portions of a street
upon which a parking control device regulating such parking has been installed by the city engineer
by regulation adopted pursuant to CVMC 10.04.030. The city engineer shall maintain within a register
a Schedule V which lists the streets or portions thereof upon which the restrictions and prohibitions of
this section are in effect. (Ord. 2670, 1996; Ord. 973 S 1, 1966; prior code S 19.11.5)
10.52.320 Stopping, standing, or parking - Prohibited during certain hours on certain streets-
Schedule V.
Repealed by Ord. 2670, 1996. (Ord. 973 S 1, 1966; prior code S 19.22.1).
10.52.330 Parking - Time limited on certain streets - Driver obedience required.
Except upon Sundays and holidays specified in CVMC 10.08.110, it is unlawful to park a vehicle for
longer than the time specified upon a parking control device regulating such parking on any street
upon which such a parking control device regulating such parking has been installed by the city
engineer by regulation adopted pursuant to CVMC 10.04.030, except in accordance with the
.directions of the parking control device. The city engineer shall maintain within a register a Schedule
5-64
,VI which lists the streets or portions thereof upon which the restrictions and prohibitions of this section
,are in effect. (Ord. 2670, 1996; Ord. 973 9 1, 1966; prior code 9 19.11.6).
,10.52.340 Parking - Time limited on certain streets - Schedule VI.
! Repealed by Ord. 2670, 1996. (Res. 17692, 1994; Res. 16792,1994; Res. 17645, 1994; Res.
;17644,1994; Res. 17471,1994; Res. 17359, 1994; Res. 17241, 1993; Ord. 973 91,1966; prior code
919.22.1).
;10.52.350 Parallel parking - Permitted on one-way streets - Generally.
Subject to other and more restrictive limitations, a vehicle may be stopped or parked within 18
inches of the left-hand curb facing in the direction of traffic movement upon anyone-way street,
unless parking control devices are in place prohibiting such stopping or standing. (Ord. 2670, 1996;
.Ord. 9739 1, 1966; prior code 9 19.11.7(A)).
'10.52.360 Parallel parking - Prohibited on one-way roadways when.
In the event a highway includes two or more separate roadways and traffic is restricted to one
'direction upon any such roadway, no person shall stand or park a vehicle upon the left side of such
one-way roadway unless signs are in place permitting such standing or parking. (Ord. 2670, 1996;
Ord. 973 9 1, 1966; prior code 9 19.11.7(8)). .
10.52.370 Parallel parking - On one-way streets and roadways - Determination authority.
Repealed by Ord. 2670, 1996. (Ord. 9739 1, 1966; prior code 9 19.11.7).
10.52.380 Parallel parking - Exception for certain commercial vehicles.
The requirement of parallel parking imposed by CVMC 10.52.350 through 10.52.380 shall not apply
,to any commercial vehicle actually engaged in the process of loading or unloading freight or goods, in
which case such vehicle may be backed up to the curb; provided, that such vehicle does not extend
beyond the center line of the street and does not block traffic thereby. (Ord. 2670 9 1, 1996; Ord. 973
9 1, 1966; prior code 9 19.11.7(0)).
10.52.390 Diagonal parking - Required when - Procedure.
It is unlawful at any time to park a vehicle upon any street or portion thereof designated as a
:diagonal parking zone, upon which a parking control device regulating such parking has been
installed by the city engineer by regulation adopted pursuant to CVMC 10.04.030, except as follows:
The vehicle shall be parked at an angle to the curb specified by the parking control device, and
:entirely within the limits of the allotted space, with the front wheel nearest the curb not more than six
inches from the curb. The city engineer shall maintain within a register a Schedule VIII which lists the
streets or portions thereof upon which the restrictions and prohibitions of this section are in effect.
(Ord. 2670,1996; Ord. 97391,1966; prior code 919.11 8(A)).
10.52.400 Diagonal parking - Permitted where - Schedule VIII.
Repealed byOrd. 2670,1996. (Res. 17643, 1994; Ord. 97391,1966; prior code 919.22.1).
10.52.410 Diagonal parking - Applicability of provisions - Exceptions.
The provisions of CVMC 10.52.390 shall not apply to a vehicle actually engaged in the process of
'loading or unloading passengers, freight or goods, in which event the provisions applicable in CVMC
10.52.350 through 10.52.380 shall be complied with. (Ord. 2670 91,1996; Ord. 97391,1966; prior
code 9 19.118(B)).
10.52.420 Motorcycles - Parallel parking permitted when.
It is unlawful for the operator of any motorcycle to park said motorcycle parallel to the curb as
defined in this chapter in any space designated by pavement markings or indicated by meters, unless
lsaid motorcycle is parked entirely within the limits of the allotted space and at least one wheel or
5-65
'fender is touching the right-hand curb. Where no curb or barriers bound any roadway, right-hand
iparallel parking is required unless otherwise indicated; provided further, that no more than one
[vehicle of any type may be parked within any allotted parking space. (Ord. 2670 S 1:1996; Ord. 1595
's 1, 1974; Ord. 1201 S 1, 1969; prior code S 19.11.9(1)).
10.52.430 Motorcycles - Diagonal parking permitted when.
It is unlawful for the operator of any motorcycle to park said motorcycle except at the angle to the
curb indicated by parking control devices or pavement markings allotting space to parked vehicles,
,and entirely within the limits of said allotted space, with the front or rear wheel of said vehicle within
'18 inches of the curb; provided further, that no more than one vehicle of any type may be parked
within such allotted space. (Ord. 2670, 1996; Ord. 1595 S 1, 1974; Ord. 1201 S 1, 1969; prior code
S 19.11.9(2)).
10.52.440 Motorcycles - Applicability of provisions - Exceptions.
: The provisions of CVMC 10.52.420 and 10.52.430 shall not apply to a vehicle actually engaged in
'the process of loading or unloading passengers, freight or goods, in which event the provisions
applicable in CVMC 10.52.350 through 10.52.380 shall be complied with. (Ord. 2670,1996; Ord.
1595 S 1, 1974; Ord. 1201 S 1,1969; prior code S 19.11.9(3)).
,10.52.450 Parking - Prohibited during certain hours of certain days on certain streets for the
,purpose of street sweeping - Driver obedience required.
It is unlawful to park a vehicle on any street during the times specified for street cleaning upon
.which a parking control device regulating and prohibiting such parking has been installed on each
block of that street in its entirety by the city engineer, restricting parking between certain hours on
c,.,rtain days of the week by regulation adopted pursuant to CVMC 10.04030. The city engineer shall
maintain within a register a Schedule XIV which lists the streets upon which the restrictions and
prohibitions concerning street sweeping regulations are in effect. (Ord. 2670, 1996; Ord. 2261 S 2,
1988).
10.52.460 Parking - Prohibited during certain hours of certain days on certain streets for the
purpose of street sweeping.
Repealed by Ord. 2670, 1996. (Ord. 2261 S 3,1988).
10.52.470 Parking - Scope of restrictions.
No section of this chapter shall be construed as permitting any parking in violation of any other
provisions of this title. (Ord. 2670 S 1, 1996; Ord. 2261 S 1, 1988; Ord. 973 S 1, 1966; prior code
S 19.17.15)
10.52.480 Municipal parking lots - Designated - Manner of parking required - Schedule XV.
Pursuant to Vehicle Code Section 22519, the following areas are designated as off-street public
parking lots owned or operated by the city. It is unlawful for any vehicle to park in a municipal parking
.Iot except in accordance with the angle to the curb ihdicated by signs or pavement markings allotting
;space to parked vehicles and entirely within the limits of said allotted space, with the front wheel
:nearest the curb and within six inches of said curb or other stop, and in accordance with the time
1limits indicated on signs erected in the area by the city engineer pursuant to regulation adopted under
,CVMC 10.04.030. The city engineer shall maintain within a register a Schedule XV listing the
,restrictions applicable to these locations. (Ord. 2983 S 1, 2004; Ord. 2670, 1996; Ord. 2488 S 1, 1991;
Ord. 2436 S 1, 1991).
I D .
eSlgnate ar mo ot oca Ion
NO.1 Near southwest corner of Landis and E streets I
NO.2 Northeast corner of Landis and Davidson streets I
NO.3 200 block of Landis (North of F Street) I
d P k' L
L f
5-66
NO.4 340 F Street (Near southwest corner of E Street)
NO.5 Near southeast corner of Third and Madrona
NO.6 Northwest corner of Church and Madrona streets
NO.7 Southwest corner of Church and Center streets
NO.8 281-287 Church Avenue !Between Church and Del Mar streets)
NO.9 Southwest corner of Church and Davidson streets
NO.10 Northwest corner of Church and Davidson streets
NO.11 222 Church Avenue (Between E and Davidson streets)
NPSC Norman Park Senior Center !Between F and Center streets)
City Hall Emplovee Lot North side of F Street, West of intersection with Fourth Avenue
Chula Vista Community Park Lot South of Chula Vista Community Park and West of Eastlake
Parkwav
City Employee Lot West of Maxwell Road and North of Main Street at the John Lippit
Public Works Center
Ken Lee Lot West of Fourth Avenue and South of F Street
Police Department Parkinq Structure East of Fourth Avenue and South of F Street
10.52.485 Municipal parking lots - Sleeping or camping prohibited.
A. No person shall sleep or camp in a vehicle on the grounds of any city-owned, leased, or
operated parking lot listed in CVMC 10.52480. Signs expressing this parking restriction and the city's
right to remove or impound an offending vehicle shall be posted at each entrance of a parking lot by
the city engineer.
B. For purposes of this section, "to camp" shall be defined as establishing or maintaining a
temporary, including overnight, place for sleeping, which includes, but is not limited to, the use, or
storage for use, of sleeping bags, bedding materials, blankets, sheets, or other nonclothing items
utilized or available for use to maintain warmth and comfort for sleep in a vehicle.
C. Vehicles in violation of this section may be removed and impounded as authorized by CVMC
10.80.120 and California Vehicle Code Section 22651. (Ord. 2923 S 1, 2003).
10.52.490 Prohibitions regarding parking of overheight vehicles - Schedule IX.
A. It is unlawful to park an overheight vehicle, as defined in subsection (0) of this section, upon any
street or portion thereof upon which a parking control device regulating the parking of overheight
vehicles has been installed by the City Engineer pursuant to regulation adopted under CVMC
10.04030 and subsection (B) of this section. The City Engineer shall maintain within a register a
Schedule IX which lists the streets or portions thereof upon which the restrictions and prohibitions of
this section are in effect.
B. Pursuant to California Vehicle Code Sections 22507 and 21360, the City Engineer may establish
by regulation those locations where parking of overheight vehicles is to be restricted based upon the
sight obstruction posed by an overheight vehicle to vehicles entering the roadway from an
intersection. Parking restrictions shall be limited to a maximum distance of 100 feet from the point of
curb return of the intersection along the roadway.
C. As used in this CVMC 10.52490, the term "intersection" shall include, in addition to the meaning
prescribed by the California Vehicle Code Section 365, an intersection with a roadway of a major use
driveway from a multifamily residential facility or shopping or business center, or any similar use
which generates a traffic flow at least equal to that encountered at the intersection of a minor street
:with the affected roadway.
O. As used in subsection (A) of this section, the term "overheight vehicle" means any vehicle with a
height of six feet or more at any point, including the load, cab or body, when measured from the
roadway.
E. The City Engineer may prescribe procedures for full cost recovery of the installation of parking
control devices at intersections from private property. (Ord. 2670, 1996).
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Sections:
i 1 0.56.01 0
1056020
,10.56.030
10560.10
,10.56.050
'10.56060
10.56.070
.1056080
10.56.090
10.56.095
1056100
10.56.110
:10.56.120
10.56.130
10.56.140
10.56150
10.56.160
.10.56180
10.56.190
10.56.200
10.56.210
1056220
10.56.230
10.56.240
10.56.250
10.56.260
10.56.270
10.56.280
10.56.290
10.56.300
1056.310
1056.320
Chapter 10.56
PARKING METERS, PARKING METER ZONES AND PERMIT PARKING
Repealed.
Meters - Installation and maintenance - Rates for use.
Meter zones - Established - Regulations generally.
Meter zones - Designated -Time limits authorized in zone - Schedule XI.
Meter zones - Authorization for establishment.
Meters - Placement and removal of posts.
Meters - Installation - Authority.
Meters - Installation - Location.
Meters, Individual - Display of time limit.
Meters, Multi-space-Display of time limit
Meter zone - Manner of parking required.
Meter - Driver operations required.
Meter zone - Parking unlawful when.
Parking meter - Overtime.
Parking meter - Extra time prohibited.
Parking meter - Time of operation.
Parking meter - Tampering with.
Meters - Improper use prohibited.
Payment by unauthorized person prohibited.
Meters - Limitations on use for certain purposes.
Rules of evidence - Parking in metered space deemed unlawful when.
Rules of evidence - Vehicle deemed parked by owner when.
Rules of evidence - Parking in unmetered space deemed owner's responsibility.
Meters - Collection of deposited coins.
Meters - Purchase, lease and maintenance jurisdiction.
Meters - Use of moneys collecied.
Permit parking - Established - Administration authority.
Permit parking - Form of permit - Permit parking authorized when.
Permit parking - Areas designated - Schedule XII.
Permits or tags - Cost - Period of validity - Prorating permitted when.
Permits or tags - Sale procedure - Display of permit.
Permits or tags - Issuance and use.
10.56.010 Vehicle defined.
Repealed by Ord. 2670, 1996. (Ord. 955 S 1, 1965).
; 1 0.56.020 Meters - Installation and maintenance - Rates for use.
, The City Council shall provide for the installation of parking meters including curb or street marking
.Iines, regulation and operation thereof, cause said meters to be maintained in good workable
:condition, and set the rates for parking in a space regulated by said meters by ordinance. The rates
:for parking in a space regulated by a meter are as follows:
: A Thirty (30) Minute Meters. A $0.25 deposit up to the maximum time limit established for the zone,
iin which the meter is located; or
i B. Two, Three and Four Hour Meters. A $0.25 deposit for each 30-minute interval or a $0.50
Ideposit for each one-hour interval up to the maximum legal time limit established for the zone in
[which the meter is located; or. _ . ......... ... .
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C. Ten (10) Hour Meters. A $0.25 deposit for each one-hour period up to the maximum legal time
:Iimit established for the zone in which the meter is located. (Ord. 3094 S 2, 2007; Ord. 2670, 1996;
iOrd. 2436 S 2, 1991; Ord. 2367 S 1, 1990; Ord. 2143 S 1, 1986; Ord. 955 S 3, 1965).
,
110.56.030 Meter zones - Established - Regulations generally.
i Pursuant to the authority of Vehicle Code Section 22508, parking meter zones and the rate of fees
for parking in such zones shall be established in this CVMC Chapter 10 and applicable to those
public parking lots and streets or parts of streets as identified and as described in CVMC 10.56.040,
,Schedule XI, in which zones the parking of vehicles shall be regulated by parking meters for the
I
. duration of time specified in said Schedule XI and for the hours of operation identified in CVMC
10.56.150. (Ord. 2670, 1996; Ord. 2436 S 3, 1991; Ord. 973 S 1, 1966; prior code S 19.17.1 (A)).
.,
,
10.56.040 Meter zones - Designated - Time limits authorized in zone - Schedule XI.
In accordance with CYMe 1056.030, parking meter zones are hereby established upon those
. public parking lots and streets or portions of streets described herein in which parking of vehicles
'shalt be regulated by parking meters between the hours and on days specified in CVMC 10.56.150
and upon the signs erected thereon, and for the duration specified below and upon the signs erected
thereonas follows:
Schedule XI
Name of Street Beginning At Ending At Side Duration
Center Street Third Avenue Del Mar Avenue N/S 1 hour
Church Avenue F Street E Street Ef\N 2 hours
.. Church Avenue Center Street Madrona Street Ef\N 2 hours
Del Mar Avenue F Street Center Street East 2 hours
E Street Garrett Avenue 100 ft. E/E curbline of Landis Avenue N/S 2 hours
F Street Garrett Iwenue Del Mar Avenue North 2 hours
G Street 100 ft. WNv curbline 100 ft. E/E curbline of Church N/S 2 hours
of Third Avenue Avenue
Garrett Avenue 125 ft. S/S curbline of 150 ft. N/N curbline of E Street East 2 hours
E Street
Landis Avenue F Street 300 ft. N/N curbline of E Street East 2 hours
Landis Avenue F Street 170 ft. N/N curbline of E Street West 2 hours
Madrona Street Third Avenue 125 ft. E/E curbline of Third Avenue N/S 2 hour
Park Way 125 ft. Wf\N curbline Third Avenue N/S 2hour
of Third Avenue
Third Avenue E Street Center Street East 2 hours
Third Avenue Center Street Madrona Avenue East 30 minutes
or 2 hours
Third Avenue Madrona Avenue Alvarado Street East 2 hours
Third Avenue E Street Roosevelt Street West 2 hours
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Designated
Parking Lot
NO.1
NO.2
NO.3
NO.4
No 5
No 6
NO.7
NO.8
NO.9
NO.10
NO.11
NPSC
Location
Near southwest corner of Landis and E streets
Northeast corner of Landis and Davidson streets
200 block of Landis (North of F Street)
340 F Street (Near southwest corner of E Street)
Near southeast corner of Third and Madrona
Northwest corner of Church and Madrona streets
Southwest comer of Church and Center streets
281-287 Church Avenue (Between Church and Del Mar streets)
Southwest comer of Church and Davidson streets
Northwest corner of Church and Davidson streets
222 Church Avenue (Between E and Davidson streets)
Norman Park Senior Center (Between F and Center streets)
Duration
10 hours
4 hours
10 hours
3 hours/Unlimited
4 hours
10 hours
10 hours
10 hours
4 hours
10 hours
10 hours
2 hours
The city engineer shall maintain within a register a Schedule Xl listing the restrictions applicable to
'these locations where parking meter zones have been established. (Ord. 2983 S 2, 2004; Ord. 2712 S
ii, 1997; Ord. 2670, 1996; Ord. 2623 S 1, 1995; Ord. 2488 S 2, 1991; Ord. 2436 S 4, 1991; Ord. 973 S
;1,1966, prior code S 19.22.1).
i10.56.050 Meter zones - Authorization for establishment.
: The city engineer is hereby authorized, subject to the adoption by the city council of amendments
:by ordinance to CVMC 10.56.040 and Schedule XI, to establish parking meter zones and the rate of
'fees at other locations upon those streets or parts of streets where it is determined upon the basis of
. an engineering and traffic investigation that the installation of parking meters shall be necessary to
aid in the regulation, control and inspection of the parking of vehicies. (Ord. 2670 S 1, 1996; Ord. 973
S1, 1966; prior code S 19.17.1(8)).
,
'10.56.060 Meters - Placement and removal of posts.
; The city engineer shall cause parking meter posts and appropriate parking control devices to be
installed and removed pursuant to this chapter in a parking meter zone. (Ord. 2670,1996; Ord. 973
S 1, 1966; prior code S 19.17.1(C)).
10.56.070 Meters -Installation - Authority.
The city finance officer shall cause parking meters to be installed in accordance with the rate of
fees adopted by the city council in a parking meter zone. (Ord. 2670 S 1, 1996; Ord. 973 S 1, 1966;
[prior code S 19.17.1(D)).
10.56.080 Meters -Installation - Location.
,
: Individual parking meters shall be installed upon the curb or sidewalk or area immediately adjacent
;to each parking space in a parkina meter zone. Each meter shall be placed in such manner as to
ishow or display by sign or signal that the parking space adjacent thereto is or is not legally in use.
:Multi-space parking meters shall be located within the zone regulated and indicated by appropriate
,parking control devices. (Ord. 2670 S 1, 1996; Ord. 973 S 1, 1966; prior code S 19 17.2(A))
'10.56.090 Meters, Individual - Display of time limit.
. Each parking meter shall be designed to display, after the operational procedure has been
:completed, a sign or signal indicating legal parking for that period of time conforming to the limit of
I parking time or portion thereof for which payment has been made for the zone in which said parking
.meter is installed, and shall continue to operate from the time of the completion of the operational
procedure until the expiration of the time fixed as the parking limit or a portion thereof for the parking
space for which said meter is placed. Each parking meier shall also be arranged so that upon the
expiration of said legal parking time it will indicate by a mechanical operation and by proper signal
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'that the lawful parking period has expired. (Ord. 2670 S 1, 1996; Ord. 973 S 1, 1966; prior code
S 19.17.2(B)).
,10.56.095 Meters, Multi-space-Display of time limit
, A multi-space meter shall, after deposit of payment required, dispense a ticket on which the
amount of payment deposited, the applicable meter zone/lot that the ticket for which the ticket is valid
. ,
'and expiration date and time of valid parking period will be displayed.
,
i 1 0.56.1 00 Meter zone - Manner of parking required.
When any vehicle is to be parked within a parking space regulated by a parking meter, the operator
,of said vehicle shall park within the assigned area designated by marking lines indicating parallel,
'diagonal, perpendicular, or other such manner of parking.
A When a parking space regulated by a parking meter is parallel to an adjacent curb or sidewalk,
any vehicle parked in such parking space shall be parked so that the foremost part of such vehicle
shall be alongside of the nearest parking meter.
B. When a parking space regulated by a individual parking meter is diagonal to a curb or
sidewalk, any vehicle parked in such parking space shall be parked with the foremost part of such
vehicle directly at and nearest to such meter.
C. When a parking space is regulated by a multi-space meter, any vehicle parked within such
.parking space shall park in a manner such that the foremost part of the vehicle enters the space prior
to the remainder of the vehicle. (Ord. 2670 S 1, 1996; Ord. 973 S 1, 1966; prior code S 19.17.3).
10.56.110 Meter - Driver operations required.
Upon parking a vehicle in a parking space regulated by a parking meter, the owner or operator of
such vehicle shall immediately make payment in the amount required by CVMC Section 10.56.020 for
the time limit or any fractional portion as may be authorized for the zone in which said parking meter
is installed.
A For an individual parking meter, after the deposit of payment as required by this section, the
,owner or operator of such vehicle shall turn any crank, knob, handle or other device or perform such
other actions as may be required in accordance with the instructions posted on the face of said
parking meter.
B. For a multi-space meter, the owner or operator of such vehicle shall select the time period that
the vehicle will remain parked in the parking space, make payment in the manner required in
,accordance with the instructions on said parking meter, remove the ticket dispensed from the parking
meter, and place such ticket on the dashboard of said vehicle such that it is clearly visible from the
exterior of the vehicle. (Ord. 2670 S 1, 1996; Ord. 973 S 1, 1966; prior code S 19.17.4(A)).
10.56.120 Meter zone - Parking unlawful when.
Said parking space may then be used by such vehicle during the legal parking limit or fractional
part thereof as may be authorized for the zone in which said parking meter is installed. Said vehicle
shall be unlawfully parked if it remains in said space:
A When the owner or operator has not complied with the operational procedure described in
CVMC 10.56.110; or
; B. Beyond the legal parking limit or fractional part thereof as indicated by a sign or signal displayed
'by the individual parking meter.
C. Beyond the legal parking limit or fractional part thereof as indicated on the ticket dispensed from
,the multi-space parking meter. (Ord. 2670 S 1, 1996; Ord. 973 S 1, 1966; prior code S 19.17.4(B)).
i
! 10.56.130 Parking meter - Overtime.
No person shall permit a vehicle to remain parked in any parking meter zone when the meter
shows the parking time has expired or the ticket dispensed by the multi-space meter shows the
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:parking time has expired. (Ord. 2670 9 1, 1996; Ord. 186792, 1979; Ord. 9739 1, 1966; prior code
i9 19.17.4(C)).
,
,
,
:10.56.140 Parking meter- Extra time prohibited.
: A. No person shall permit a vehicle to remain parked beyond the time limit established for any
!parking meter zone in which the vehicle is parked
B. No person shall deposit or cause to be deposited in a parking meter any payment for the
, purpose of increasing or extending the time during which a vehicle is parked beyond the time limit
:established for the parking meter zone in which the vehicle is parked. (Ord. 2670 9 1, 1996; Ord.
: 18679 2, 1979; Ord. 973 9 1, 1966; prior code S 1917.4(0)).
10.56.150 Parking meter - Time of operation.
Parking meters shall be operated in parking meter zones every day between the hours of 9:00 a.m.
and 6:00 p.m., except Sundays and holidays defined in CVMC 10.08110. (Ord. 2670, 1996; Ord.
,243695, 1991; Ord. 186792, 1979; Ord. 9739 1, 1966; prior code S 19.17.4 (E)).
,10.56.160 Parking meter - Tampering with.
It is unlawful and a violation of the provisions of this chapter for any unauthorized person to deface,
injure, tamper with, open or willfully break, destroy, or impair the usefulness of any parking meters
installed under the provisions of this chapter. (Ord. 2670 9 1, 1996; Ord. 186792, 1979; Ord. 973
,91,1966; prior code 919.17.5).
,10.56.180 Meters -Improper use prohibited.
No person shall deposit or cause to be deposited in any parking meter any defaced, bent or
counterfeit coin, slug, coin other than those of the United States, device, or other material or
instrument as substitute for a coin of the United States, except parking meter tokens authorized by
,the city. (Ord. 2670 9 1, 1996; Ord. 973 S 1, 1966; prior code 9 1917.7).
10.56.190 Deposit of coins by unauthorized person prohibited.
No person, other than the owner or operator of a vehicle, or a member of the police department, as
. authorized in CVMC 10.56.110 through 10.56.150, shall deposit any payment in any parking meter
'without the knowledge or consent of said owner or operator of the vehicle using the parking space
.regulated by such meter. (Ord. 2670 9 1, 1996; Ord. 973 9 1, 1966; prior code 9 19.17.8).
10.56.200 Meters - Limitations on use for certain purposes.
No person other than an authorized employee of the city shall attach anything to a parking meter or
parking meter standard. No person shall allow a bicycle, news rack or any other article or thing to lean
against a parking meter or a parking meter standard. (Ord. 2670 9 1, 1996; Ord. 9739 1, 1966; prior
code 919.17.9)
,10.56.210 Rules of evidence - Parking in metered space deemed unlawful when.
The parking or standing of any motor vehicle in a parking space, at which space the parking meter
;displays the sign or signal indicating illegal parking, shall constitute a prima facie presumption that the
vehicle has been parked or allowed to stand in such space for a period longer than permitted by this
chapter. (Ord. 2670 S 1,1996, Ord. 973 9 1,1966; prior code 9 19.17.10(A)).
10.56.220 Rules of evidence - Vehicle deemed parked by owner when.
The parking or standing of any motor vehicle in a parking space which is controlled or regulated
with the aid of a parking meter shall constitute a prima facie presumption that the vehicle has been
parked or caused to be parked by the owner of such vehicle. (Ord. 2670 9 1, 1996; Ord. 973 9 1,
1966; prior code 919.17.10(8)).
10.56.230 Rules of evidence - Parking in unmetered space deemed owner's responsibility.
5-72
The parking or standing of any motor vehicle in any parking space upon any street, alley or public
place or parking lot in the city shall constitute a prima facie presumption that the vehicle has been
parked or caused to be parked by the owner of such vehicle. (Ord. 2670 S 1, 1996; Ord. 973 S 1,
1966; prior code S 19.17.1 O(C)).
10.56.240 Meters - Collection of deposited coins.
The coins deposited in the parking meters shall be collected by duly authorized agents of the city
finance officer. (Ord. 2670 S 1,1996; Ord. 973 S 1, 1966; prior code S 19.17.11).
i 10.56.250 Meters - Purchase, lease and maintenance jurisdiction.
il The purchasing, leasing, repairing and maintenance of parking meters; the placement and removal
II :of parking meters from parking meter posts; and the payment of any and all expenses relating or
I' ;incidental thereto shall be under the jurisdiction of the city finance officer. (Ord. 2670 S 1, 1996; Ord.
973 S 1, 1966; prior code S 19.17.12)
10.56.260 Meters - Use of moneys collected.
All moneys collected from parking meters in the city shall be placed in a special fund, which fund
.shall be devoted exclusively to any or all of the followirig purposes:
A. For the purchasing, leasing, installing, repairing, maintaining, operating, removing, regulating
and policing of parking meters in this city and for the payment of any and all expenses relating or
incidental thereto;
B. For the purchasing, leasing, acquiring, improving, operating and maintaining of off-street parking
facilities in the city;
C. For the installation and maintenance of traffic control devices and signals;
. D. For the painting and marking of streets and curbs required for the direction of traffic and parking
of.motor vehicles;
E. For the proper regulation, control and inspection of parking and traffic upon the public streets;
F. To be pledged as security for the payment of principal and interest on off-street parking revenue
bonds issued by the city or any parking district organized within the city. (Ord. 2670 S 1, 1996, Ord.
973 S 1, 1966; prior code S 19.17.13).
10.56.270 Permit parking - Established - Administration authority.
Notwithstanding any other provisions of this chapter, there is hereby established a system of permit
parking which the finance office, or his designee, shall administer subject to the standards and
provisions set forth in CVMC 10.56.280 through 10.56.320. (Ord. 2670 S 1, 1996; Ord. 973 S 1, 1966;
prior code S 19.17.14).
: 1 0.56.280 Permit parking - Authorized when - Sticker or tag required.
In those parking meter zones and municipal parking lots approved by ordinance of the city council,
,described in CVMC 10.56.290 and listed in Schedule XII of the register maintained by the city
'engineer, a person may park any vehicle upon any public parking lots, designated bya 1 O-hour time
;Iimit, owned or operated by the city upon proper display of a valid and current parking permit, in lieu
of deposit of payment in the parking meter. (Ord. 2670, 1996; Ord. 2436 S 6, 1991, Ord. 2131 S 1,
: 1985; Ord. 973 S 1, 1966; prior code S 19.17.14(A)).
10.56.290 Permit parking - Areas designated - Schedule XII.
Pursuant to Vehicle Code Sections 22508 and 22519 and in accordance with CVMC 10.56.270 and
i 1 0.56.280, the following areas are also designated as permit parking areas wherein vehicles
:displaying appropriate parking permits or tags shall be allowed to park in spaces so marked for up to
! 10 hours (all day).
,
5-73
Schedule XII
Parking Zone Location
Public Parking Lots 1 to 11 (Parking Meter Zones) See CVMC 10.56.040 for locations
(Ord. 2983 S 3, 2004; Ord. 2670,1996; Ord. 2488 S 3,1991; Ord. 2436 S 7,1991; Ord. 2131 S 1,
1985; Ord. 973 S 1, 1966; prior code S 19.22.1).
10.56.300 Permits or tags - Cost - Period of validity - Prorating permitted when.
For the required fee (s) said parking permits shall be sold to cover a calendar quarter of three
months' duration. Said permits may be obtained at the city finance office or other designated location.
Applicants must be merchants or employees of merchants owning or operating businesses within the
downtown business area or city officers on behalf of city employees assigned to Norman Park Center.
Applicants may request a proration of the quarterly fee if they are purchasing a permit for the balance
of the calendar quarter, and such proration shall be made at the sole discretion of the finance officer,
or his designee. (Ord. 2670 S 1, 1996; Ord. 2506S 1, 1992; Ord. 2488 S 4, 1991; Ord, 2436 S 8,
1991; Ord, 2131 S 1, 1985; Ord. 973 S 1, 1966; prior code S 19.1714(B)),
10.56.310 Permits or tags - Sale procedure -Display of permit.
The finance officer, or his designee, shall establish the necessary procedure for the sale of such
. permits, and shall obtain the necessary permits which when displayed from the interior of a vehicle
shall be clearly visible from the exterior of the vehicle. (Ord, 2670 S 1, 1996; Ord. 2436 S 9, 1991,
Ord. 973 S 1,1966; prior code S 19.17.14(C)).
10.56.320 Permits or tags -Issuance and use.
. Such permits or tags shall be issued to the person applying therefor, and may be used on any
vehicle owned by the permittee displaying such permit, decal, or tag. (Ord. 2670 S 1, 1996; Ord. 2436
S 10,1991; Ord, 973 S 1, 1966; prior code S 19.17.14(0))
5-74
Chapter 10.62
PARKING VIOLATIONS AND ENFORCEMENT
Sections.
10.62.010
10.62.020
10.62.030
Parking enforcement - Authorized agents.
Enforcement - Written notice of violation - Contents - Placement.
Civil and late payment penalties and fees.
-.- -
10.62.010 Parking enforcement - Authorized agents.
A. Every Police officer and every City employee, and every volunteer (designated by the Chief of
Police) charged with enforcement of the provisions of Chapters 10.52, 10.56 and 10.60 CVMC
relating to illegal parking and time limitations in parking meter zones, the provisions of the California
Vehicle Code, and the other laws of the state applicable to parking violations within the City, shall
have the duty, when any vehicle is illegally parked, to issue written notice of violation thereof stating
the state vehicle license number, make of such vehicle, the time and date of such illegal parking,
meter number, street location, and a reference to the appropriate section of the code and the amount
of the penalty for the violation.
B. Contract Enforcement. The City may enter into a contract with a duly qualified company,
approved by the Chief of Police, to provide enforcement of the Chula Vista Municipal Code Chapters
10.52, 10.56 and 10.60 relating to CVMC infractions only.
10.62.020 Enforcement - Written notice of violation - Contents - Placement.
When any vehicle is illegally parked an authorized agent may issue written notice of violation, in
conformance with Vehicle Code S 40202. The peace office or person authorized to enforce parking
laws and regulations shall securely attach to the vehicle a notice of parking violation setting forth the
violation including reference to the section of this code or of the Public Resources Code, the local
ordinance, or the federal statute or regulation so violated; the date; the approximate time thereof; the
location where the violation occurred; a statement printed on the notice indicating that the date of
payment is required to be made not later than 21 calendar days from the date of citation issuance;
and the procedure for the registered owner, lessee or rentee to deposit the parking penalty or
pursuant to Section 40215, contest the citation. The notice of parking violation shall also set forth the
vehicle license number and registration expiration date if they are visible, the last four digits of the
vehicle identification number, if that number is readable through the windshield, the color of the
vehicle, and, if possible, the make of the vehicle. The notice of parking violation, or copy thereof,
shall be considered a record kept in the ordinary course of business of the issuing agency and the
processing agency and shall be prima facie evidence of the facts contained therein. The notice of
parking violation shall be served by attaching it to the vehicle either under the windshield wiper or in
another conspicuous place upon the vehicle so as to be easily observed by the person in charge of
the vehicle upon the return of that person.
10.62.030 Civil and late payment penalties and fees.
1. Base penalty amounts for the following Chula Vista Municipal Code violations shall be
$12.00 if paid within 30 days of the notice of violation: CVMC 10.56.100; 10.56.110; 10.56.120;
10.56.140.
2. Base penalty amounts for the following Chula Vista Municipal Code violations shall be
$50.00 if paid within 30 days of the notice of violation: CVMC 10.52.485.
3. Base penalty amounts for the following Chula Vista Municipal Code violations and
California Vehicle Code violations shall be $25.00 if paid within 30 days of the notice of violation'
CVMC 10.52.100; 10.52.110; 10.52.120; 1052.130; 10.52.200; 10.52.210; 10.52.240; 10.52.330;
10.52.390; 10.52.420; 10.52.430; 10.52.480; 10.56.130; 10.56.310. California Vehicle Code Sections
2113(a); 22515; 22520.
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4. Base penalty amounts for the following Chula Vista Municipal Code violations and
~California Vehicle Code violations shall be $35.00 if paid within 30 days of the notice of violation:
CVMC 10.52.040; 10.52.060; 10 52.070(A)(1)-(14); 10.52.090; 10.52.150; 10.52.160; 10.52.180;
10.52.190; 10.52.230; 10.52.270; 10.52.290; 10.52.310; 10.52.360; 10.52.450; 10.60.030; 10.60.050;
10.60.060; 10.60.080; 10.60.090; 10.60.100. California Vehicle Code Sections 21211; 22500(a) - (h);
225000), (k); 22500.1; 22514; 22516; 22517.
5. Base penalty amounts for the following California Vehicle Code violations shall be $25.00.
The base penalty will be reduced to $10.00 upon submission of proof of correction within the time
'frames specified in the Vehicle Code of the state of California: California Vehicle Code Sections 5200;
5201; 5204(a).
6. The base penalties for the following California Vehicle Code violations shall be as set forth
.below:
California Vehicle Code Sections 4462(b) - $100.00; 22500(i) - $250.00; 22500(1) - $275.00;
22507.8 - $330.00; 22522 - $275.00; 22523 - $100.00; 22526 - $50.00.
7. The base penalties for Chula Vista Municipal Code and California Vehicle Code violations
not listed above shall be $35.00 if paid within 30 days of the notice of violation, unless the penalty
amount is set by the Vehicle Code of the state of California.
8. The owner or operator may mail such payments to the City's Director of Finance within the
time established herein, but shall be responsible for delivery thereof to the office of the Director of
Finance.
9. Late Payment Penalties. All base penalties under $250.00 listed in subsections (B)(2)
through (6) of this section shall double if not paid within 30 days of the notice of violation, unless
specifically restricted by the Vehicle Code of the state of California. The penalty for violations listed in
subsection (8)(1) of this section shall be $35.00 if the penalty is not paid within 30 days of the notice
ofviolation.
. C. Failure to Pay. Failure to pay the appropriate penalty as provided herein or failure to contest the
violation pursuant to Sections 40200.7 and 40215 of the Vehicle Code of the state of California will
result in either notification of the Department of Motor Vehicles, which agency shall collect the
maximum penalties and fee(s) established hereby at such time as the owner or operator seeks to
register his vehicle in accordance with the provisions of Section 4760 of the Vehicle Code of the state
of California, or if applicable, in legal proceedings being instituted in court against the person
responsible for the unpaid penalties and fees in accordance with the provisions of Section 40220 of
the Vehicle Code of the state of California. For those citations that remain unpaid beyond 30 days
and for which a hold is placed on the registration by the Department of Motor Vehicles, an additional
$10.00 fee shall be assessed. (Ord. 3094 S 1,2007; Ord. 2923 S 2,2003; Ord. 2670 S 1,1996; Ord.
2638 S 1, 1995; Ord. 2490 S 1, 1991; O,d. 2136 S 1, 1985; O,d. 2097 S 1, 1985; Ord. 1960 S 1,1981;
Ord 1867 S 3,1979).
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Attachment D - Contract for Parking Management and Enforcement Services
with ACE Parking, Inc.
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Attachment D
BID NO 14-08/09
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NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN, THAT SEALED PROPOSALS, INCLUDING FIVE (5) COPIES
OF THE PROPOSAL, WILL BE RECEIVED UNTIL 1 P.M. ON THE 23rd DAY OF MARCH
2009, AT THE PURCHASING DIVISION, FINANCE DEPARTMENT, 276 FOURTH
A VENUE, CHULA VISTA, CA 91910.
BIDDERS ARE REQUIRED TO REGISTER ON-LINE AT WWW.CHULAVISTACA.GOV
THE BIDS REQUESTED ARE FOR FURNISHING THE CITY OF CHULA VISTA WITH:
PARKING MAll/AGEMENT and/or PARKL'IG ENFORCEMENT
ALL BIDDERS ARE HEREBY REFERRED TO THE BIDDING INSTRUCTIONS, GENERAL
PROVISIONS, SPECIFICATIONS, AND TERMS AND CONDITIONS INCLUDED IN BID 14-
08/09.
Afailing Address:
CITY OF CHULA VISTA
FINANCE DEPARTMENT
ATT: TRlCIA MCEWEN
276 FOURTH A VENUE
CHULA VISTA, CA 91910
PhJ'sical Location:
CITY OF CHULA VISTA
FINANCE DEPARTMENT
276 FOURTH AVENUE
CHULA VISTA, CA 91910
TELEPHONE (619) 409-3806
FAX (619) 691-5149
Bms SHALL NOT CONTAIN DISCOUNTS, INCENTIVES, OR OTHER FORMS OF
FINANCIAL CONSIDERATION UNRELATED TO THE SPECIFIC SERVICES TO BE
PROVIDED {jNDER THIS REQUEST FOR PROPOSAL. Ai'>'Y DISCOUNT, INCENTIVE,
OR OTHER FORM OF F1'>'ANCIAL CONSIDERATION MAY ONLY BE PRESENTED L'>'
THE FORA'!. OF A REDUCTION IN THE BID AMOUNT.
ALL BIDS MUST BE SUBMITTED TO THE FINANCE DEPARTMENT L"I SEALED
ENVELOPES PLAINLY MARKED WITH THE BID NUMBER. BmS RECEIVED AFTER
THE ESTABLISHED DEADLTh"E WTLL BE REJECTED.
THE CITY RESERVES THE RIGHT TO REJECT Ai'>'Y OR ALL BIDS OR ANY
PORTION OF ANY BID, OR TO WAIVE Ai'<" IRREGULARITIES OR INFORMALITIES
IN THE BIDS OR IN THE BIDDING.
SUZANNE BROOKS
ACTING PURCliA,5ING AGENT
DATED: MARCH 9, 2009
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1. CLIENT INTRODUCTION
Incorporated in 1911, the City of Chula Vista is located minutes from downtown San Diego and the U.S.-
Mexican border and is San Diego County's second largest municipality with a population of 231,000.
n, PARKING DISTRlCT
The Downtown Parking District was established in 1963 and consists of approximately 1800 spaces. The
District includes on-street individually metered spaces, multi space meters located in nine public parking
lots, one free public parking structure, and non-metered spaces (Attachment I-Parking District Boundary
Map) The majority of the District's individual meters are manufactured by POM and the multispace
meters are the Cale MP 104 Compact model. The District has two-hour parking on-street and 4-hour and
lO-hour parking in the public parking lots. The hourly parking rates range from $0.25 for two and four
hour meters to $0.50 for ten hour meters.
The City cllrrently provides the following stafflng levels for the Parking District:
o Two pan-time Parking Technicians (approximately 20 hours per week combined) for parking
meter collection and maintenance. Annually, additional labor hours may be required to
perform other standard duties, such as replacing batteries in the individual meters.
o One full-time and one part-time Parking Enforcement Officer dedicated to the Parking District
and providing enforcement for the full enforcement period of 54 hours per week. These
officers currently generate approximately 400 citations per month.
o One full-time Accounting Assistant to process all mail-in payments, customer calls, dismissal
requests and administrative hearing letters.
o Three staff wbo perform light maintenance and landscaping in all public parking areas for
approximately 35 total hours combined per week.
o Various management staff (approximately 10 hours per week combined) for program
management, staff supervision and backup for meter maintenance.
o One Interim Parking Administrator (approximately 30 hours per week) has also been dedicated
to the District.
The above staffmg information is provided as a baseline for Company's proposal. However, the City
requests that Company propose what it deems to be adequate staffing to ensure effective management of
the District and clearly describe the number of staff proposed and the amount of time they will be
dedicated to the District.
The City wishes to hire a professional parking management company to enforce Chula Vista Municipal
Code 10.62, issue parking citations, collect parking meter revenues, maintain parking meters and provide
maintenance and landscaping of the parking areas. Based upon the existing conditions in the City's
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Parking District, we request that your proposal specifically propose services that will best meet the needs
of our City and downtown.
Your proposal may propose only management, only enforcement or both management and enforcement of
the District, based upon the capacity of your Company. Your proposal should specify the itemized and
total amount to be charged for the proposed service and should not include any reference to other
discounts, incentives or other forms of financial consideration unrelated to the specific services proposed
Ullder this Request for Proposal.
Ill. PROPOSAL SUBMITTAL REQUIREMENTS
The proposal must include all elements listed below.
1. Cover letter summarizing the proposal and providing the all-inclusive cost estimate.
2. A detailed Scope of Work, including a timeline. The Scope of Work must address the
following components, as well as any other items deemed necessary by bidder:
a. Providing enforcement of Chula Vista Municipal Code 10.62, collection from parking
meters, maintenance of parking meters and maintenance anq landscaping of public
parking areas. Provide detailed information regarding the types of services and
staffing your firm recommends and will provide.
b. A detailed personnel staffmg plan, including a detailed cost analysis identifying
specific positions, detailed hourly rates and service rates and proposed schedule for
implementing the proposed scope.
c. A list and description of in-service personnel training provided by Company.
d. A list and detailed description of any subcontractor(s) who may be hired to fill the
requirements of proposed services.
3. Company's qualifications including a description of similar contracts that Company has
engaged in the last two (2) years. Provide a list of all clients served and services provided, as
relevant to this proposal, with names and current telephone numbers of contact persons.
4. Principal personnel who will be assigned to this project and a description of their
responsibilities. Also, list recent contracts on which the principal staff have worked and
describe their responsibilities. Any change in the principal personnel after selection will be
considered a significant change in the proposal and may be cause for the City to terminate the
contract with Company.
5. Detailed project budget itemized by work program task or work phases. Indicate hourly rates
of individuals involved and the fee structure for possible additional work outside of the
contract. Note. The budget must be all-inclusive, with any and all contingencies, and be a set
figure, not a range or hourly cost.
IV. R4.TlNG Al'\TD SELECTION PROCESS
A selection committee of City staff and/or other designated panicipants will review the proposals.
The selection committee may invite the top firms for an interview/product evaluation on April 2,
2009. The selection committee will be looking for me most qualified finn based on cost, the scope of
services proposed, the technical expertise of the company and its staff and the level and quality of
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support provided for City staff.
v.
STANDARD TERcYlS A.,'liD CONDITIONS
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The proposal shall be signed by an individual authorized to bind the Company, and shall contain a
statement to the effect that the proposal is a firm offer for a 90-day period. The proposal shall also
provide the name, title, address and telephone number of individual(s) with authority to negotiate and
contracrually bind the company for this period and who also may be contacted during the period of
proposal evaluation.
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BID FORl"l
THE UNDERSIGNED HEREBY OFFERS, SUBJECT TO ALL SPECIFICATIONS, TERMS AND
CONDITIONS, AND GENERAL PROVISIONS HEREIN, TO FURNISH THE CITY OF CHULA
VISTA AS FOLLOWS:
SECTION I - PARKING MAJ"IAGEMENT
1.1 SCOPE OF WORK
The primary management responsibilities are:
A. Administration- Company shall be responsible for coin collection and day-ta-day maintenance and
upkeep of all single meters (currently approximated at 550+) and 11 multi space meter boxes. The
CALE multi space meter boxes are electronically linked to a back office system that alens staff
when the coin boxes need emptying and identifies meter malfunctions such as paper jams.
Company should identify what the maximum response time will be for such alerts. Individual
meters do not currently have a sealed coin system and would require the collecting agent to empty
each meter into a secure canister. City may consider upgrading to a sealed coin system at a later
date. Company should include a recommendation regarding this and describe any related costs as
a separate line item. Company will count and deposit directly into City's bank account meter
revenue collected from the parking meters and will provide to City the appropriate documentation
needed for reconciliation and auditing. Company should propose a secure vehicle for
transportation of revenue and indicate any additional costs as a separate line item.
B Auditing- Company should propose auditing procedures to ensure accountability of revenue
collected from the parking meters. This requirement is more specifically related to the collection
of monies from the individual meters, as described above. The existing meters do not contain a
sealed coin system. The current meters will require the collecting agent to physically handle the
coins and place them in a secure container
C. Reporting Requirements-Company shall provide adequate reports and documentation to the City
per an agreed-upon schedule or as requested by City for auditing purposes. Company may utilize
the City's computer equipment and support programs or propose a comparable alternative.
Financial statements md variance reports should be prepared and submitted to the City on a
monthly basis. The selected firm shall keep true and complete records and accounts of all receipts
and business transactions. Financial reports may include, but shall not be limited to, deposit and
reconciliation reports and revenue and expenditure repons.
D. Customer Service-Company shall provide a high level of professionalism and customer service is a
priority to the City. The Company shall operate and manage the District in a professional,
business-like and efficient manner, providing the highest level of assistance, service and courtesy
to patrons of the public parking areas.
E. Inspection and Maintenance-Company must regularly inspect the public parking areas and
regularly maintain them in a clean, orderly and safe manner. The City will solicit participation
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from Company in a visual inspection of the parking areas to assess the condition of lot surfaces,
signage, ADA compliance and landscaping and to provide recommendations for improvement.
Company will be responsible for day-to-day maintenance of the parking areas including sweeping
and clean up of the parking surfaces and mowing, edging, weeding, pruning and trimming of the
landscaping. Company's proposal should include a description of the proposed maintenance
program for the parking areas. The City shall maintain responsibility for capital improvements in
the parking areas, including resurfacing, striping, filling potholes, signage and ADA compliance.
1.1.1 MINLV!UM PERSONNEL REQUIREMENTS
o Be at least 18 years of age.
o Be able to read, write and speak the English language and must be able to write intelligible
reports.
o Have the ability to give and follow oral/written instructions in English.
o The ability to speak a second language, such as Spanish is highly desirable, but not required.
o Pass a background check conducted by the Chula Vista Police Department, a drug-screening test
and undergo a comprehensive medical examination to determine fitness to perform assigned
duties. (The Police Depamnent will provide the requirements to meet City background
requirements) .
o Have a fingerprint clearance with the Department of Justice (D.OJ.) and National Crime
Information Center (N.C.LC.) via LiveScan process conducted at Police Department.
1.1.2 EQUIPMENT TO BE PROVIDED BY COMPANY
A. Light blue uniform shirt with dark blue trousers. Uniform shirts shaJJ indicate the Company name
and logo and include a reference to Parking Enforcement. '"
B. Black leather steel-toed boots/shoes.
C. Black leather belt.
D. Silver color name plate with employee's first initial and last names.
E. Company identification badge, approved by the Police Department.
F. Summer uniform - light blue polo style shirt, dark blue short pants, white socks (no
higher than mid calf), clean white tennis style shoes.
G. Uniform must be well maintained and worn professionally and not in any manner inconsistent with
appropriate business fashion (i.e. No baggy clothes, untied laces, etc). The City may at its
discretion, request that replacement of on duty employee if dress not up to standard.
SECTION 2 - PARKING ENFORCEMENT
2.1 SCOPE OF WORK
The primary enforcement responsibilities are:
A. Enforcement -Company shall enforce the Chula Vista Municipal Code sections related to on-street
and off-street parking within the Downtown Parking District during the City's enforcement hours
of 9 am to 6 pm six days-per-week (Monday-Saturday). Citations will be issued by Company and
must be tracked in their database, alJowing designated City staff access to view reports and
accounting. Enforcement must be consistent with scheduled shifts and routes and should utilize
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equipment including, but not limited, to an electronic handheld ticket writer The City prefers that
enforcement officers patrol on foot, bike or an equivalem mode of transportation such as a two-
wheeled electronic transportation vehicle to provide greater visibility and interaction with the
public. If there are additional costs associated with the proposed mode of transportation,
Company should include a description and cost estimate as a separate line item.
B. Payment Processing-Payment of citation should he made payable to the Company and mailed to
them directly. On a weekly basis, the Company would renait payment to the City for the prior
week's receipts along-with a system generated repon identifying the paid citations. The Company
will mail notices of violation for all unpaid citations to the registered owners of the vehicles listed
on the citations. After the required time has elapsed, the Company will forward a me to the
Department of Motor Vebicles (DMV) to request a hold on the vebicles in question. A separate
agency code would be required for these citations and DMV would remit these payments directly
to the City. The City would have "read-only" access to the Company's database for reporting and
auditing purposes.
C. Customer Service/Adjudication-Company shall provide a local or toll free number that, at a
minllnum, will be staffed Monday through Friday, 8:00 a.m. to 5:00 p.m. to answer inquiries
from parking patrons and City staff. Company will handle all inquiries regarding parking
citations, meter malfunctions and other complaints relating to the Parking District in a courteous
and professional manner. The Company shall follow the process outlined in California Vehicle
Code Article 3, Sections 40200.7 and 40215 in processing Request for Dismissals (RFD) received
from contestants and conduct Administrati ve Hearings as needed. if a decision is appealed to the
Small Claims Court, the Company will provide the City the necessary paperwork to prepare for
the court case.
Additional related duties include, but are not limited to, the following:
D. Reporting to designated City staff, vehicles to be impounded or immobilized as a result of the
vehicle's driver having a specified number of delinquent parking citations.
E. Reporting to designated City staff, any unlawful act or condition or deficiency, which may pose a
hazard or danger to the general public.
F. Patrolling in motor vehicles or on foot, on designated routes and staggered-time schedules, with
primary responsibility of enforcing parking laws and regulations.
G. Panicipating in any hearing process or subsequent process involving a contested or challenged
parking citation.
H. Providing training for all regular,' replacement, and additional contract employees and any
necessary retraining and continuing education for contract employees. Training shall be
comprehensive and include information on parking enforcement statutes illld ordinances,
regulations, and resolutions enacted by the State of California and the City, parking enforcement
programs, and policies and procedures adopted by the City.
2,1.1 ML'IIMUM PERSONNEL REQVIREMENTS
o Be at least 18 years of age.
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o Be able to read, write and speak the English language and must be able to write intelligible
reports.
o Have the ability to give and follow oral/written instructions in English.
o The ability to speak a second language, such as Spanish is highly desirable, but not required.
o Physically and mentally capable of performing parking enforcement duties.
o Have the ability to remain calm and use good judgment and initiative in a confrontational or
emergency situation.
o Have the ability to establish and maintain effective working relationships with the public.
downtown business owners and City personnel.
o Possess a high school diploma or equivalent.
o Possess a valid class "C" State of California driver's license. (On-site personnel only)
o Possess all current State of California, Consumer Affairs, guard requirements. (On-site personnel
only)
o Pass a background check conducted by the Chula Vista Police Department, a drug-screening test
and undergo a comprehensive medical examination to determine fitness to perform assigned
duties. The Police Department will provide the requirements to meet City background
requirements. (On-site personnel only)
o Have a fingerprint clearance with the Department of Justice (D.OJ.) and National Crime
Information Center (N.C.l.C.). (On-site personnel only)
o Company shall have enough trained, City-authorized staff to provide backfill employees to
maintain minimum staffmg levels.
2.1.2 EQUIPMENT TO BE PROVIDED BY COMPANY
1. Light blue uniform shirt with dark blue trousers. Uniform shirts shall indicate the Company name
and logo and include a reference to Parking Enforcement.
2. Black leather boots/shoes.
3. Black leather belt.
4. Silver color name plate with employee's first initial and last names.
5 Company identification badge, approved by the Police Department.
6. Summer uniform - light blue polo style shirt, dark blue short pants, white socks (no
higher than mid calf), clean white tennis style shoes,
7. Uniform must be well maintained and worn professionally and not in any manner inconsistent with
appropriate business fashion (Le. No baggy clothes, untied laces, erc) , The City may at its
discretion, request that replacement of on duty employee if dress not up to standard. Failure to
supply replacement employee if dress not up to standard may result in Liquidated
Damages as detailed in 2.1.4 (below),
2.1.3 LIQUIDATED DAMAGES
The Company shall agree to be held liable for $400.00 in liquidated damages if a scheduled
8-hour shift is unfilled due to short staffing and $200.00 in liquidated damages if a
scheduled 4-hour shift is unfilled due to short staffing,
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SUMMARY BID SHEET
Please provide the proposed cost estimate for the categories below with a brief description
of what is included in that amount. Please also attach a detailed breakdown of products,
services and costs for each of the categories below associated with your Proposal.
A. PARKING ~"AGEMENT
1.
Staff
$
2.
Equipment and Supplies
$
3.
Third-party Services (if applicable)
$
TOTAL $
B. PARKING ENFORCEMENT
1.
Staff'
$
2.
$
Equipment and Supplies
3.
Third-party Services (if applicable)
$
TOTAL $
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References
Provide a list of three (3) customers for whom you have provided similar services. Please indicate:
Customer Name; Address; Contact Name and Telephone Number; Dates of Service.
Customer Name & Address
Contact Person & Phone
Date of Service
1.
2.
3.
Payment Terms
Terms:
%
Days
In the absence of terms. payment shall be Net Thirty (30) Days.
Is Your Company Bonded?
Yes
No
Public Agency Participation
Other public agencies (e.g. city, county, public corporation. political subdivision, school district, or water
authority) may want to panicipate in any award as a result of this proposal. The City of Chula Vista shaU
incur no fmandal responsibility in connection with any contract by another public agency. The public
agency shall accept sole responsibility for entering into contracts and making payments to the successful
respondent. This option will not be considered in proposal evaluation. Please indicate whether this will
be granted.
Yes
No
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Proposal & Offer to Contract
The respondent, herein sometimes called company or contractor submits a proposal and offers to enter
into this contract with the City of Chula Vista, herein called City, this 23rd day of March 2009 as
follows:
TIlls Proposal & Offer to Contract, subject to the specifications, terms and conditions, and
General provisions herein, when duly accepted by the City shall constitute the contract between
the parties.
In consideration of the payments to be provided by the City, and in accordance with the
conditions expressed in the proposal forms and specifications attached and by this reference
incorporated herein, contractor agrees to furnish Parking Management and/or Parking
Enforcement to the City of Chula Vista,
Company Name
Address
City
Telephone
Print Name
State
Zip
Fax
Title
Date
Signature
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GEl\'ERAL CONDITIONS
Award
This RFP does not commit the City to award a contract, to pay any costs incurred in the preparation of the
proposal to this request, or to procure or contract for services or supplies. The City reserves the right to
accept or reject any or all proposals received as a result of this request, to negotiate with any qualified
source, or to cancel in part or entirely this RFP, if it is in the best interest of the City to do so. The City
further reserves the right to waive any technicalities or minor irregularities in bids received. The City
may require the selected bidder to participate in negotiations and to submit such price, technical or other
revisions of their proposals as may result from negotiations. The City shall be the sole judge in
determining award cif.contract.
Period of Coverage and Option Renewals
This agreement shall be effective from July 1, 2009 through June 30, 2010. Prices quoted shall remain
firm for the initial period of coverage. The agreement may be extended by mutual consent for five (5),
additional one (I) year option renewal periods.
Price Escalation
The City may negotiate additional favorable pricing, terms, and conditions provided that the original scope
of the agreement remains substantially unchanged.
Site Inspection
Bidders are responsible for inspection of the Parking District and pre-existing conditions and shall utilize
this information to determine the scope of services needed to accomplish the City's goals.
Insurance
Successful bidder shall, throughout the duration of this agreement, maintain comprehensive general
liability, property damage. and transportation insurance covering all operations of the bidder; its agents
and employees, including but not limited to premises and automobile, with minimum coverage of One
Million Dollars ($1,000,000.00) combined single limit. Evidence of such coverage, in the form of a
Certificate of Insurance and Policy Endorsement that names the City of Chula Vista as an additional
insured, shall be submitted to the Purchasing Division within ten (10) days of notification of award. This
endorsement must be on a separate" Schedule B".
Thirty (30) day wriuen notice to the City of Chula Vista of cancellation or material change shall be
provided. Insurance Certificates shall not include "Modified Occurrence" restrictions. No substitutions
shall be allowed.
Worker's Compensation coverage for each employee engaged in work on this project is also required.
Insurance requirements may also be obtained by visiting:
http://www .chulavisraca. gov/City _ Services/Administrative _ Services/Finance/Purchasing/seU.asp.
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The City of Chula Vista may require additional insurance.
Business License
A business license is required in the City of Chula Vista by any person who transacts, engages in or
carries on any business within the corporate limits of tho city (Chula Vista Municipal Code 5.02.020).
Local Business Consideration
According to the Chula Vista Municipal Code, Chapter 2.56.090, letter G, In accordance with Section
1011 of the Chaner, in the event two or more bids are received which are for the same total amount or
unit price and in all other respects are equal, the contract shall be awarded to a local bidder. In the event,
however, that such tie bids are all from vendors eimer wholly inside or all outside of the city, then the
contract shall be awarded by drawing lots in public. In evaluating bids for award, the City of Chula Vista
considers the 1 % sales tax allocated back to the City from vendors located in Chula Vista.
Work to be Performed
1. Parking Management within the Downtown Parking District
2. Parking Enforcement within the Downtown Parking District
City's Best Interests. The City of Chula Vista reserves the right to accept or reject any or all proposals
received as a result of this Request for Proposal. The City further reserves the right to negotiate with
qualified contractors, to amend, or to cancel, in pan or in whole, this Request for Proposal if it is in the
City's best interest to do so.
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GENERAL PROVISIONS
Please Read Carefitl(v
These Provisions Are a Par! oj' YOUT Bid and any COn/ract Awarded
The bidder agrees that:
A. Bidder has carefully examined the specifications, and all provisions relating to the item(s) to be
furnished or the work to be done; understands the meaning, intent, and requirements; and
B. Bidder will enter into a written contract and furnish the item(s) or complete the work in the time
specified, and in strict conformity with the City of Chula Vista specifications for the prices
quoted.
Note. Bidder is defined as any individual, partnership, or corporation submitting a bid, proposal, or
quotation in response to a request for bid, request for proposal, or request for quotation. A
bidder may also be referred to as consultant, contractor, supplier, or vendor.
1. Prices:
All prices and notations must be in ink or typewritten. Mistakes may be crossed out and corrections
typed or written with ink adjacent to the error; the person signing the bid must initial corrections in
ink.
Bids shall indicate the unit price extended to indicate the total price for each item bid. Any difference
between the unit price correctly extended and the total price shown for all items bid shall be resolved
in favor of the unit prices, except when the bidder clearly indicates that the total price for all items bid
is based on consideration of being awarded the entire lor and that an adjustment of the total price is
being made in consideration of receiving the entire bid.
2. Bidder's Security: (Not Applicable)
A bid deposit in an amount equal to at least 10 % of the bid may be required as a bid security by the
City. The bid security may only be in cash, a cashier's check, a certified check made payable to the
City of Chula Vista, or a bidder's bond. If the bid security is a bond, it shall be executed by a. surety .
insurer authorized to issue surety bonds in the State of California. The bid security must be executed
by the bidder and enclosed with the bid proposal in the sealed bid envelope.
3. Items Offered:
If the item offered has a trade name, brand andlor catalog number, such shall be stated in the bid. If
the bidder proposes to furnish an item of a manufacturer or vendor other than that mentioned on the
face hereof, bidder must specify maker, brand, quality, catalog number, or other trade designation.
Unless such is noted on the bid form, it will be deemed that the item offered is that designated even
though the bid may state A or equal@.
4. Brand Names:
Whenever reference to a specific brand name is made. it is intended to describe a component that has
been determined to best meet operational, performance, or reliability standards of the City, thereby
incorporating these standards by reference within the specifications. An equivalent (or equal) may be
offered by the bidder, subject to evaluation and acceptance by the City. Ir is the bidder's
responsibility to provide, at bidder's expense, samples, test data, or other documentation the City may
require to fully evaluate and determine acceptability of an offered substitute. The City reserves the
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sole right to reject a substimted component that will not meet or exceed City standards.
5. Samples:
Samples may be required for bid evaluation and testing purposes. Bidders shall agree to provide
samples within forty-eight (48) hours upon request and at no additional cost to the City.
6. Verify Quotations:
Prices shall be verified prior to bid submittal, as withdrawal or correction may not be permitted after
the bid has been opened.
7. Firm Prices:
Prices on bid shall be firm prices not subject to escalation. In the event the specifications provide for
escalation, the maximum limit shall be shown, or the bid shall not be considered. In the event of a
decline in market price below a price bid, the City of Chula Vista shall receive the benefit of such
decline.
8. Modification or Withdrawal of Bids:
Bids may be modified or withdravro by written or facsimile notice received prior to the exact hour and
date specified for receipt of bid. A bid may also be withdtawD in person by a bidder, or bidder's
authorized representative, prior to the exact hour and date set for receipt of bids. Telephone
withdrawals are not permitted.
9. Late Bids, Modifications, or "lithdrawals:
(a) Bids. modifications of bids. or bid withdrawals received after the exact time and date specified for
receipt will not be considered unless receipt is before the contract is awarded and the City
determines that late receipt was due solely to City error
(b) Modification of a successful bid that makes the terrru; of the bid more favorable to the City will be
considered at any time.
10. Mistake in Bid:
(a) If the bidder discovers a mistake in bid prior to the hour and date specified for receipt of bid.
bidder may correct the mistake by modifying or withdrawing the bid in accordance with Items 8
and 9 above.
(b) If within seventy-two. hours of the bid closing and prior to the issuance of a purchase order or a
contract, the apparent low and best bidder discovers a mistake in bid of a serious and significant
nature which is unfavorable to bidder, bidder may request consideration be given to modifying the
bid if it remains the lowest bid or to withdrawal of the bid if the result of the correction of the
misrake makes another bidder lowest and best bidder The mistake must be evident and provable.
The right is reserved by the City to reject any and ail requests for correction of mistakes in bids
received after the hour and date of the bid closing. The decision of the Purchasing Agent is final
as regards acceptance or rejection of requests for correction of bids.
(c) A mistake in bid cannot be considered once a purchase order or contract is issued.
11. Signature:
All bids shall be signed and the title and firm name indicated. A bid by a corporation shall be signed
by an authorized officer, employee or agent with his or her title.
12. No Bids:
If no bid is to be submitted, the bid should be marked "No Bid" and returned to maintain the bidder's
n3IIle in the vendor fIle for future solicitations. A letter or postcard may be submitted. If a bidder
fails to respond to a reasonable number of bids without returning a "No Bid", the Purchasing Agent
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reserves the right to delete the bidder from the vendor file for future solicitations.
13. Alternative Proposals:
To be responsive to the bid. bidder must submit a proposal that meets all specific bid requirements.
Once bidder has proposed a product which is responsive to the specification, bidder may include with
the bid any additional proposals or alternative products that bidder believes can meet or exceed the
City's requirements and that 'may offer additional advantages. benefits, or cost savings. The City
reserves the right to evaluate, and accept or reject, such alternatives as though they were part of the
original specifications without advertising for further bids, when in the best interests of the City. 1\ny
awards so made will be based on operational and cost analysis considerations that would result in the
optimum economic advantage to the City.
14. Confidential Information:
Any information deemed confidential or proprietary should be clearly identified by the bidder as such.
It may then be protected and treated with confidentiality only to the extent permitted by state law.
Otherv.rise the information shall be considered a public record. Information or data submitted with a
bid will not be returned.
15. Quality:
Unless otherwise required in the specifications, all goods furnished shall be new and unused.
16. Litigation Warranty:
The bidder, by bidding, warrants that bidder is not currently involved in litigation or arbitration
concerning the materials or bidder's performance concerning the same or similar material or service to
be supplied pursuant to this contract of specification, and that no judgments or awards have been made
against bidder on the basis of bidder's performance in supplying or installing the same or similar
material or service. unless such fact is disclosed to the City in the bid. Disclosure will not disqualify
the bidder. The City reserves the right to evaluate bids on the basis of the facts surrounding such
litigation or arbitration and to require bidder to furnish the City with a surety bond executed by a
surety company authorized to do business in the State of California and approved by The City of
Chula Vista in a sum equal to one hundred percent (100%) of the contract price conditional on the
faithful performance by bidder of the contract in the event the bid is awarded to bidder,
notwithstanding the litigation or arbitration.
17. Royalties, Licenses and Patents:
Unless otherwise specified, the bidder shall pay all royalties, license and patent fees. The bidder
warrants that the materials to be supplied do not infringe any patent, trademark or copyright and
further agrees to defend any and all suits, actions and claims for infringement that are brought against
the City, and to defend, indemnify and hold harmless the City from all loss or damages. whether
general, exemplary or punitive, as a result of any actual or claimed infringement asserted against the
City, the bidder or those furnishing material to bidder pursuant to this contract.
18. Performance Standards:
Performance of work and acceptability of equipment or materials supplied pursuant to any contract or
award shall be to the satisfaction of the City.
19. Vi' arranties:
(a) All material, labor or equipment provided under the contract shall be warranted by bidder and/or
manufacturer for at least twelve (12) months after acceptance by City. Greater warranty
protection will be accepted. Lesser warranty protection must be indicated by bidder on the bid
proposal as an exception.
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(b) Bidder shall be considered primarily responsible to the City for all warranty service, parts and
labor applicable to the goods or equipment provided by bidder under this bid or award,
irrespective of whether bidder is an agent, broker, fabricator or manufacturer's dealer. Bidder
shall be responsible for ensuring that warranty work is performed at a local agency or facility
convenient to City and that services, pans and labor are available and provided to meet City's
schedules and deadlines. City may require bidder to post a performance bond after contract award
to guarantee performance of these obligations. Bidder may establish a service contract with a
local agency satisfactory to City to meet this obligation if bidder does not ordinarily provide
warranty service.
20. Addenda:
The effect of all addenda to the bid documents shall be considered in the bid, and said addenda shall
be made part of the bid documents and shall be returned with them. Before submining a bid. each
bidder shall ascertain whether or not any addenda have been issued, and failure to cover in this bid
any such addenda issued may render the bid invalid and result in its rejection.
21. Specifications to Prevail:
The detailed requirements of the specifications shall supersede any conflicting reference in these
General Provisions which are in conflict therewith.
22. Taxes:
The City will furnish Exemption Certificates for Federal Excise Tax. The City is liable for State, City
and County Sales Taxes. Do not include this tax in the amount bid. However, tax is to be added by
the successful bidder to the net amount invoiced. All or any portion of the City Sales Tax returned to
the City will be considered in the evaluation of bids.
23. Conflict of Interest:
No City employee or elected'or appointed member of City government, or member of the employee's
immediate family, may participate directly or indirectly in the procurement process penaining to this
bid if they:
(a) Have a financial interest or other personal interest which is incompatible with the proper discharge
of their official duties in the public interest or would tend to impair their independence, judgment
or action in the performance of their official duties.
(b) Are negotiating for or have an arrangement concerning prospective employment with bidder. The
bidder warrants to the best of his knowledge that the submission of the bid will not create such
conflict of interest. In the event such a conflict occurs, the bidder is to report it immediately to the
Purchasing Agent. For breach or violation of this warranty, the City shall ha ve the right to annul
this contract without liability at its discretion, and bidder may be subject to damages and/or
debarment or suspension.
24. Gratuities:
The City may rescind the right of the bidder to proceed under this agreement if it is found that
graruities in the form of entertainment, gifts, or otherwise are offered or given by the bidder. or any
agent or representative of the bidder, to any officer or employee of the City with the intent of
influencing award of this agreement or securing favorable treatment with respect to performance of
this agreement.
25. Faithful Performance Bond:
Successful bidder may be required to furnish the City with a surety bond conditioned upon the faithful
performance of the contract. This may take the form of a bond executed by a surety company
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authorized to do business in the State of California and approved by the City of Chula Vista, an
endorsed Certificate of Deposit, or a money order or a certified check drawn on a solvent bank. The
bond shall be in a sum equal to one hundred percent (100%) of the amount of the contract price. Such
bond or deposit shall be forfeited to the City in the event that bidder receiving the contract shall fail or
refuse to fulflll the requirements and all terms and conditions of the contract.
26. Insurance:
Should work be required on City premises, bidder shall provide proof of liability and property damage
insurance prior to performance of duties. Coverage shall be from a company authorized to transact
business in the State of California and shall be in an amount not less than $1,000,000 combined single
limit (CSL), unless otherwise specified. The City of Chula Vista shall be named as an additional
insured and thirty (30) days notice of cancellation shall be indicated. Worker's Compensation
coverage for each employee engaged in work on City premises is required. Bidder is solely
responsible for all insurance premium payments.
27. Indemnification:
Bidder shall defend, indenmify, protect and hold harmless the City, its elected and appointed officers,
employees, and agents, from and against all claims for damages, liability, and expenses (including
attorney's fees) arising out of this agreement and/or bidder's performance hereunder, except as to such
damages, liability, and expenses due to the sole negligence or willful acts of the City, its officers,
employees or agents. City may request additional indemnity provisions.
28. Award of Contract:
(a) Bida will be analyzed and award will be made to the lowest, responsive and responsible bidder
whose bid conforms to the solicitation and whose bid is considered to be most advantageous to the
City, price and other factors considered. Factors to be considered may include, but are not
limited to: bidder's past performance, total unit cost, economic cost analysis. life cycle costs,
warranty and quality, maintenance cost, durability, the operational requirements of the City and
any other factors which will result in the optimum economic benefit to the City.
(b) The City reserves the right to reject any item or items, to waive informalities, technical defects
and minor irregularities in bids received; and to select the bides) deemed most advantageous to the
City. The City will, however, consider bids submitted on an "all or nothing" basis if the bid is
clearly designated as such.
ee) The City reserves the right to award one or more contracts on the bids submitted, either by award
of all items to one bidder or by award of separate items or groups of items to various bidders as
the interests of the City may require, unless the bidder clearly specifies otherwise in his bid.
(d) For the purpose of evaluating bids for multiple awards, the sum of $100.00 is considered to be the
administrative cost to the City for issuing and administering each contract awarded under this
solicitation, and individual awards will be made for the items and combinations of items which
result in the lowest aggregate price to the City, inc1udin~ such administrative cost.
(e) Upon acceptance by the City of Chula Vista, the solicitation, bid, proposal, or price quotation and
a purchase order issued to the successful bidder shall be deemed to result in a binding contract
incorporating those terms and these General Provisions without further action required by either
party. Items are to be furnished as described in the bid and in strict conformity with all
instructions, conditions, specifications, and provisions in the complete contract, as defmed by this
clause 28 or any related integrated agreement.
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29. Bid Results:
To obtain bid results, either (I) attend bid opening or (2) provide a self-addressed, stamped envelope
referencing bid number, and bid tabulation will be mailed to you upon verification of extensions or (3)
visit the Purchasing Department no sooner than three working days after bid opening to review bid
tabulation. Due to time constraints, bid results cannot be given out over the phone.
30. Protests:
Protests by unsuccessful bidders to the selection for award shall be submitted in writing to the
Purchasing Agent no later than ten (10) calendar days after award recommendation. The unsuccessful
bidder shall have the right to appear at the City Council to protest any award to be confirmed by
Council. Failure to submit a timely written protest to the Purchasing Agent shall bar consideration of
such protest.
31. Docwnentation:
Due to the time constraints that affect contract performance, all required documents, certificates of
insurance and bonds shall be provided to the City within ten (10) calendar days following award or
date of request by City, whichever is later. Any failure to comply may result in bid being declared
non-responsive and rejected, and at City's option the bid bond may be attached for damages suffered.
32. Discounts:
(a) In connection with any discount offered, time will be computed from date of delivety and
acceptance, or invoice receipt, whichever is later. Payment is deemed to be made for the purpose
of earning the discount on the date of mailing of the City check.
(b) Any discount offered other than for prompt payment should be included in the net price quoted
and not included in separate terms. In the event this is not done, the City reserves the right to
accept the discount offered and adjust prices accordingly on the Purchase Order.
33. Seller's Invoice:
Invoices shall be prepared and submitted in duplicate to address shown on the Purchase Order.
Separate invoices are required for each Purchase Order Invoices shall contain the following
information. Purchase Order number. item number, description of supplies or services, sizes, unit of
measure, quantity, unit price and extended totals.
34. Inspection and Acceptance:
Inspection and acceptance will be at destination unless specified otherwise, and will be made by the
City department shown in the shipping address or other duly authorized representative of the City.
Until delivery and acceptance, and after any rejection, risk of loss will be on the bidder unless loss
results from negligence of the City.
35. Lost and Damaged Shipments:
Risk of loss or damage to items prior to the time of their receipt and acceptance by the City is upon
the bidder The City has no obligation to accept damaged shipments and reserves the right to return at
the bidder's expense damaged merchandise even though .the damage was not apparent or discovered
until after receipt of the items.
36. Late Shipments:
Bidder is responsible to notify the City department receiving the items and the Purchasing Agent of
any late or delayed shipments. The City reserves the right to cancel all or any part of an order if the
shipment is not made as promised.
37. Document Ownership:
(a) All technical documents and records originated or prepared pursuant to this contract, including
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papers, reports, charts, and computer programs, shall be delivered to and become the exclusive
property of the City and may be copyrighted by the City. Bidder assigns all copyrights to City by
undertaking this agreement.
(b) All inventions. discoveries, enhancements, changes, or improvements of computer programs
developed pursuant to this contract shall be the property of the City, and all patents or copyrights
shall be assigned to City, unless otherwise agreed. Bidder agrees that City may make
modifications to computer software furnished by bidder without infringing bidder's copyright or
any license granted to City.
38. Advertisements, Product Endorsements:
City employees and agencies or organizations funded by the City of Chula Vista are prohibited from
making endorsements, either implied or direct, of commercial products or services without written
approval of the City Manager. No bidder may represent that the City of Chula Vista has endorsed
their product or service without the Purchasing Agent's prior written approval.
39. City Provisions to Prevail:
Except as indicated in the specifications, the City's standard General Provisions shall govern any
contract award. Any standard terms and conditions of bidder subntined by bidder shall not be
acceptable to City unless expressly agreed to by the City. The City reserves the right to reject
bidder's bid as non-responsive, to consider the bid without bidder's standard terms and conditions, or
to require bidder to delete reference to such as a condition of evaluation or award of the bid. If, after
award of contract, bidder (contract vendor) shall provide materials or services accompanied by new or
additional standard terms or conditions, they too shall be considered void and City may require
deletion as a further condition of performance by vendor. To the extent not otherwise provided for by
the contract documents, the California Commercial Code shall apply.
40. Invalid Provisions:
In the event that anyone or more of the provisions of this agreement shall be found to be invalid,
illegal or unenforceable, the remaining provisions shall remain in effect and be enforceable.
41. Amendments and Modifications:
The Purchasing Agent may at any time, by written order, and without notice to the sureties, make a
modification to the contract or an amendment to the Purchase Order, within the general scope of this
contract, in (1) quantity of materials or service, whether more or less; (2) drawings, designs, or
specifications, where the supplies to be furnished are to be specially manufactured for the City; (3)
method of shipment or packing: and (4) place of delivery. If any such change causes an increase or
decrease in the cost or the time required for the performance of this contract, an equitable adjustment
shall be made by written modification of the contract or amendment to the Purchase Order. Any claim
by the bidder for adjustment under this clause must be asserted within 30 calendar days from the
notification date.
42. Assignment:
Vendor shall not assign or delegate duties or responsibilities under this agreement, in whole or in part,
without prior written approval of the City.
43. Disputes:
Except as otherwise provided in these provisions, any dispute concerning a question of fact arising
under this contract which is not disposed of by agreement shall be decided by the Purchasing Agent,
who shall reduce this decision to writing and mail a copy to the bidder. The decision of the
Purchasing Agent shall be fmal and conclusive, unless bidder requests mediation within ten (0)
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calendar days. Pending fInal decision of a dispute, the bidder shall proceed diligently with the
performance of the contract and in accordance with the Purchasing Agent's decision.
44. i\'lediation:
Should an unresolved dispute arise out of this agreement, any party may request that it be submitted to
mediation. The parties shall meet in mediation within thiny (30) days of a request. Tbe mediator shall
be agreed to by the mediating parties; in the absence of an agreement, the panies shall each submit
one name from mediators listed by either the American Arbitration Association, the California State
Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by
a blindfold process.
The cost of mediation shall be borne equally by both panies. Neither pany shall be deemed the
prevailing parry. No parry shall be permitted to file a legal action without first meeting in mediation
and making a good faith attempt to reach a mediated settlement. The mediation process, once
commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not
more than sixty (60) days, unless the maximum time is extended by both panies.
45. Lawful Performance:
Vendor shall abide by all Federal, State and Local Laws, Ordinances, Regulations, and Statutes as
may be related to the performance of duties under this agreement. In addition. all applicable permits
and licenses required shaU be obtained by the vendor, at vendor's sole expense.
46. Annual Appropriation of Funds:
Multi-year term supply and service contracts and leases are subject to annual appropriation of funds by
the City CounciL Payments made under term contracts and leases are considered items of current
expense. Purchase Orders are funded when issued; therefore, they are current expense items and are
not subject to any subsequent appropriation of funds. In the event" sufficient funds are not
appropriated for the payment of lease payments or anticipated term contract payments required to be
paid in the next occurring lease or contract term. and if no funds are legally available from other
sources, the lease or contract may be terminated at the end of the original term or renewal term and
me City shall not be obligated to make further payments beyond the then current original or renewal
term. The City will provide notice of its inability to continue the lease or contract at such time as the
Purchasing Agent is aware of the non-appropriation of funds. However, failure to notify does not
renew the term of the lease or contract. The City has no monetary obligation in event of termination
or reduction of a term contract since such contracts represent estimated quantities and is not funded as
a contract except to the extent of the Purchase Orders issued.
47. Extension:
\\Then in the City" s best interest, this agreement may be extended on a daily, month-to-month, or
annual basis by mutual agreement of both parties. Services and/or materials received under an
extension shall be in accordance with pricing, terms, and conditions, as described herein.
48. Debarment:
The Purchasing Agent may recommend to the City Council that the person or business be debarred
from consideration for award of contracts. The period of debarment will be contingent upon the
severity of cause. Causes for debarment include:
(a) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or
destruction of records, receiving stolen property, or other offense indicating a lack of business
integrity or business honesty which directly affects responsibility as a City bidder.
(b) Violation of contract provisions which is regarded by the Purchasing Agent to be so serious as to
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justify debarment action. including:
(1) Deliberate failure without good cause to perform in accordance with the specifications or
within the time limit provided in the contract; or
(2) A recent record of failure to perform or of unsatisfactory performance in accordance with
the terms of one or more contracts;
(3) Two or more claims of computational error in bid submission within a two year period.
(e) Debarment by another gove=ental entity.
Cd) Any other cause the Purchasing Agent deems to be so serious and compelling as to affect
responsibility as a City bidder. A bidder may be permanently debarred for the following causes:
(1) Collusion in bidding.
(2) Conviction for commission of a criminal offense as an incident to obtaining or attempting to
obtain a contract or subcontract with the City of Chula Vista or in the performance of such
contract or subcontract.
(3)Conviction under State or Federal antitrust statutes arising out of the submission of bids or
prnposals.
49. Termination:
The City may terminate this agreement and be relieved of any consideration to the vendor should
vendor fail to perform in the manner required. Furthermore, the City may terminate this agreement
for any reason without penalty upon giving thirty (30) days wrinen notice to the vendor. In the event
of termination, the full extent of City liability shall be limited to an equitable adjustment and payment
for materials and/or services authorized by and received to the satisfaction of the City prior to
termination.
50. Venue:
This agreement shall be governed by and interpreted according to the laws of the State of California,
and venue for any proceeding shall be in the County of San Diego.
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SUMMARY BID SHEET
Please prm'ide the proposed CQst f~stimale.ror (he categories below with a. brief description ofwhal i.\'
included i11 that amount. Please also attach (/ detailed breakdol-i-'n qI products, services and costs for
each of the (:ategories below assochlled with your Proposal.
A. PARKING MANAGEMENT
1.
Staff
Manaaer and Collections Staff
$1,374
2.
$380
Equipment and Supplies
Collection Eauipment & Supplies
3.
$4,693
Third-party Services (if applicable)
Insurance. Uniforms. TIckets. Bank Charaes.
Supplies. Screenina & Lot Maintenance
TOTAL $ 6.996
B. PARKING ENFORCEMENT
1.
Staff
Parkina Enforcement Staff
$4,368
2.
$120
Equipment and Supplies
Enforcement Vehicle ISeowavl
3.
$950
Third-party Services (if applicable)
Vehicle Insurance. 'Para System & Data Charaes
TOTAL $ 5.438
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Proposal & OlTer to Contract
The respondent, herein sometimes called company or contractor submits a proposal and offers to enter into this
contract with the City of Chula Vista, herein called City. this 23rd day of March 2009 as follows:
This Proposal & Offer to Contract, subject to the specifications, terms and conditions, and General
provisions herein, when duly accepted by the City shall constitute the contract between the parties.
In consideration of the payments to be provided by the City, and in accordance with the conditions
expressed in the proposal fonus and specifications attached and by this reference incorporated herein,
contractor agrees to furnish Parking Management and/or Parking Enforcement to the City of Cbula
Vista.
Company Name Ace Parkin<l Mana<lement. Inc.
Address
645 Ash Street
City San Di~o State ~ Zip 92101
Telephone 619-233-6624 Fax 619-233.0741
Print Name s~n / ~Tltle President
Signature if ~---==-- Date March 23, 2009
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CITY COUNCIL RESOLUTION NO.
RESOLUTION OF THE CHULA VISTA CITY COUNCIL
APPROVING THE DOWNTOWN PARKING MANAGEMENT
STRATEGY, ACCEPTING BIDS, Ai'JD AWARDING THE
CONTRACT FOR PARKING DISTRICT MANAGEMENT AND
ENFORCEMENT TO ACE PARKING.
WHEREAS, the Downtown Parking District was established In 1963 pursuant to the
Parking District Law of 1951; and
WHEREAS, the Downtown Parking District provides more than 1700 public parking spaces
through metered and free parking; and
WHEREAS, a Parking Management Study began in December 2006 and was completed in
the summer of2007; and
WHEREAS, an Interim Action Plan was subsequently approved by the City Council on
November 13, 2007, including a recommendation to increase the Parking District Boundaries and
contract out parking management and enforcement; and
WHEREAS, on March 9, 2009, staff released a Request for Formal Proposal (RFP) to
provide contract parking management, enforcement and landscaping services for the City of Chula
Vista Parking District; and
WHEREAS, the Finance Department Purchasing Division received seven sealed bids by the
deadline of March 23, 2009, at 1 p.m.; and
WHEREAS, a selection committee comprised of representatives from the Finance
Department, Police Department, the Interim Parking Administrator and a member of the Parking
Working Group reviewed each of the proposals and conducted interviews with three firms,
including Ace Parking and two local Chula Vista firms; and
WHEREAS, after careful review and consideration of the proposals, staff determined based
on numerous factors that the Ace Parking proposal should be accepted. The total cost of the contract
is approximately $185,000 for the first year of operations and approximately $200,000 in
subsequent years with their contract commencing July I, 2009; and
WHEREAS, the Parking Management Strategy includes long-term policies and
recommendations for improvements and changes in the Downtown Parking District, including the
recommendation to contract management and enforcement of the Parking District to Ace Parking;
and
WHEREAS, certain modifications to Chula Vista Municipal Code Title 10 are necessary to
implement changes proposed in the Parking Management Strategy.
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NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista City Council does
hereby approve the Downtown Parking Management Strategy, accept bids, and award the contract
for Parking District Management and Enforcement to Ace Parking,
Presented by:
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Gary Halbert
Deputy City Manager/Development Services Manager
5-103
ORDINAl'JCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
TITLE 10 CHAPTERS 10.08, 10.52, 10.56 AND 10.62 OF THE
CHULA VISTA MUNICIPAL CODE, RELATED TO PARKING
WHEREAS, the Downtown Parking District was established in 1963 pursuant to the
Parking District Law of 1951; and
WHEREAS, the Downtown Parking District provides more than 1700 public parking
spaces through metered and free parking; and
WHEREAS, modifications have been made within the Parking District including
installing new individual and multi-space meters, expanding the District Boundaries and
contracting management and enforcement; and
WHEREAS, modifications are required in Chula Vista Municipal Code Chapter 10 to
accurately describe and address these changes and to provide accurate and consistent
information.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain:
SECTION I.
Chapter 10 Section 10.08 Definitions is amended by adding Sections
10.08.147 and 10.08.155 and amending the text of Section 10.08.150 as
follows:
10.08.147
10.08.150
10.08.155
Parking enforcement, Contract.
Parking meter, Individual.
Par~ll1R m~ter1.Multi-Spa~e_:
10.08.147 Parking Enforcement, Contract.
"Contract Enforcement" shall mean any duly qualified company that the City has entered into a
contract with and approved by the Chief of Police to provide enforcement of CVMC Chapters
10.52, 10.56 and 10.60 relating to CVMC infractions only in the parking zones.
'10.08.150 Parking meter, Individual.
"Individual parking meter" means a mechanical device installed within or upon the curb or
,sidewalk area immediately adjacent to a parking space for the purpose of controlling the period
of time for the occupancy of such parking space by any vehicle. (Ord. 2670 S I, 1996; Ord. 973
S I, 1966; prior code S 19. 1.3 (N)).
10.08.155 Parking meter, Multi-space.
"Multi-space parking meter" means a mechanical device installed within the parking zone for
the purpose of controlling the period of time for the occupancy of multiple parking spaces.
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SECTION II.
Chapter 10 Section 10.52 Stopping, Standing and Parking Sections
10.52.110,10.52.120,10.52.130, and 10.52.480 are amended to read as
follows:
'i 10.52.110 Parking for advertising or demonstration purposes prohibited when.
~i No vehicle displaying advertising matter for the primary purpose of commercial advertising,
,as prohibited by CVMC 5.08.030 through 5.08.060, shall park upon any residential street or
. public parking area in this city. This prohibition shall not apply to a vehicle being offered "for
sale." (Ord. 294691,2004; Ord. 2670 9 1,1996; Ord. 22559 1, 1988; Ord. 973 9 1, 1966; prior
code S 19.10.7).
.10.52.120 Repairing or greasing of vehicles prohibited where.
No person shall build or cause to be built, rebuild or cause to be rebuilt, grease or cause to be
greased, or perform any maintenance including changing of oil or flushing radiators on any
:vehicle or any part thereof upon any public street or public parking area in the city. Except for
. temporary emergency repairs, no person shall repair or cause to be repaired any vehicle upon a
public street. (Ord. 2670,1996; Ord. 174491,1977; Ord. 973 S 1, 1966; prior code 919.10.8).
10.52.130 Washing or polishing of vehicles prohibited when.
No person shall wash or cause to be washed, or polish or cause to be polished, any vehicle or
any part thereof upon any public street or public parking area in the city when a charge is made
for such service. (Ord. 2670,1996; Ord. 973 S 1, 1966; prior code 919.10.9).
10.52.480 Municipal parking lots - Designated - Manner of parking required - Schedule
XV.
Pursuant to Vehicle Code Section 22519, the following areas are designated as off-street
public parking lots owned or operated by the city. It is unlawful for any vehicle to park in a
municipal parking lot except in accordance with the angle to the curb indicated by signs or
pavement markings allotting space to parked vehicles and entirely within the limits of said
. allotted space, with the front wheel nearest the curb and within six inches of said curb or other
stop, and in accordance with the time limits indicated on signs erected in the area by the city
engineer pursuant to regulation adopted under CVMC 10.04.030. The city engineer shall
: maintain within a register a Schedule XV listing the restrictions applicable to these locations.
.cOrd. 298391,2004; Ord. 2670,1996; Ord. 248891,1991; Ord. 2436 9 I, 1991).
Designated Parking Location
Lot
No.1 Near southwest comer of Landis and E streets
No.2 Northeast corner of Landis and Davidson streets
No.3 200 block of Landis (North of F Street)
No.4 340 F Street (Near southwest comer of E Street)
No.5 Near southeast comer of Third and Madrona
No.6 Northwest corner of Church and Madrona streets
No.7 Southwest corner of Church and Center streets
No.8 281-287 Church Avenue (Between Church and Del Mar streets)
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No.9 Southwest comer of Church and Davidson streets
No. 10 Northwest comer of Church and Davidson streets
No. 11 222 Church Avenue (Between E and Davidson streets)
NPSC Norman Park Senior Center (Between F and Center streets)
City Hall Employee Lot North side ofF Street, West of intersection with Fourth Avenue
Chu1a Vista Community South of Chula Vista Community Park and West of East1ake
Park Lot Parkway
City Employee Lot West of Maxwell Road and North of Main Street at the John Lippit
Public Works Center
Ken Lee Lot West of Fourth Avenue and South ofF Street
Police Department East of Fourth Avenue and South ofF Street
Parking Structure
SECTION III.
10.56.040
10.56.090
'10.56.095
10.56.190
10.56.280
d 0.56.31 0
Chapter 10 Section 10.56 Parking Meters, Parking Meter Zones and
Permit Parking is amended by adding Section 10.56.095 and amending the
text of Sections 10.56.020, 10.56.030, 10.56.040, 10.56.080, 10.56.090,
10.56.100,10.56.110,10.56.120,10.56.130, 10.56.140, 10.56.150,
10.56.180,10.56.190,10.56.270,10.56.280, 10.56.300, 10.56.300, and
10.56.310 as follows:
Meter zones - Designated -Time limits authorized in zone - Schedule XI.
Meters, Individual- Display of time limit.
Meters, Multi-space-Disp1ay of time limit.
Payment by unauthorized person prohibited.
Permit parking - Form of permit - Permit parking authorized when.
Permits or tags - Sale procedure - Display of permit.
10.56.020 Meters - Installation and maintenance - Rates for use.
The City Council shall provide for the installation of parking meters including curb or street
marking lines, regulation and operation thereof, cause said meters to be maintained in good
'workable condition, and set the rates for parking in a space regulated by said meters by
ordinance. The rates for parking in a space regulated by a meter are as follows:
A. Thirty (30) Minute Meters. A $0.25 deposit up to the maximum time limit established for
: the zone in which the meter is located; or
B. Two, Three and Four Hour Meters. A $0.25 deposit for each 30-minute interval or a $0.50
deposit for each one-hour interval up to the maximum legal time limit established for the zone in
'which the meter is located; or
C. Ten (10) Hour Meters. A $0.25 deposit for each one-hour period up to the maximum legal
,time limit established for the zone in which the meter is located. (Ord. 3094 9 2, 2007; Ord.
2670,1996; Ord. 2436 9 2,1991; Ord. 23679 I, 1990; Ord. 214391,1986; Ord. 955 S 3, 1965).
,
10.56.030 Meter zones - Established - Regulations generally.
Pursuant to the authority of Vehic1e Code Section 22508, parking meter zones and the rate of
!fees for parking in such zones shall be established in this CVMC Chapter 10 and applicable to
,those public parking lots and streets or parts of streets as identified and as described in CVMe
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10.56.040, Schedule XI, in which zones the parking of vehicles shall be regulated by parking
meters for the duration of time specified in said Schedule XI and for the hours of operation
identified in CYMC 10.56.150. (Ord. 2670,1996; Ord. 2436 S 3, 1991; Ord. 973 S 1, 1966; prior
code S 19.17.1(A)).
10.56.040 Meter zones - Designated - Time limits authorized in zone - Schedule XI.
In accordance with CYMC 10.56.030, parking meter zones are hereby established upon those
. public parking lots and streets or portions of streets described herein in which parking of vehicles
,shall be regulated by parking meters between the hours and on days specified in CYMC
'10.56.150 and upon the signs erected thereon, and for the duration specified below and upon the
signs erected thereonas follows:
Schedule XI
Name of Street Beginning At Ending At Side Duration
Center Street Third Avenue Del Mar A venue N/S 1 hour
Church Avenue F Street E Street E/W 2 hours
Church Avenue Center Street Madrona Street E/W 2 hours
Del Mar A venue F Street Center Street East 2 hours
E Street Garrett Avenue 100 ft. E/E curb line of N/S 2 hours
Landis Avenue
F Street Garrett Avenue Del Mar Avenue North 2 hours
G Street 100 ft. W /W curbline of 100 ft. E/E curb line of N/S 2 hours
Third Avenue Church Avenue
Garrett Avenue 125 ft. S/S curbline ofE 150 ft. N/N curbline ofE East 2 hours
Street Street
Landis Avenue F Street 300 ft. N/N curb line ofE East 2 hours
Street
Landis Avenue F Street 170 ft. N/N curbline of E West 2 hours
Street
Madrona Street Third Avenue 125 ft. E/E curb line of N/S 2 hour
Third Avenue
Park Way 125 ft. W/W curbline of Third Avenue N/S 2hour
Third Avenue
Third Avenue E Street Center Street East 2 hours
Third Avenue Center Street Madrona A venue East 30 minutes
or 2 hours
Third Avenue Madrona Avenue Alvarado Street East 2 hours
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Third Avenue
Designated
Parking Lot
No.1
No.2
No.3
No.4
No.5
No.6
No.7
No.8
No.9
No. 10
No. 11
NPSC
E Street
Roosevelt Street
West 2 hours
Duration
10 hours
4 hours
10 hours
3 hours/
Unlimited
4 hours
10 hours
10 hours
10 hours
4 hours
10 hours
10 hours
2 hours
The city engineer shall maintain within a register a Schedule XI listing the restrictions
applicable to these locations where parking meter zones have been established. (Ord. 2983 S 2,
2004; Ord. 2712 S 1, 1997; Ord. 2670,1996; Ord. 2623 S 1,1995; Ord. 2488 S 2,1991; Ord.
2436 S 4,1991; Ord. 973 S 1, 1966; prior code S 19.22.1).
Loeation
Near southwest comer of Landis and E streets
Northeast corner of Landis and Davidson streets
200 block of Landis (North of F Street)
340 F Street (Near southwest corner ofE Street)
Near southeast corner of Third and Madrona
Northwest comer of Church and Madrona streets
Southwest comer of Church and Center streets
281-287 Church Avenue (Between Church and Del Mar streets)
Southwest comer of Church and Davidson streets
Northwest corner of Church and Davidson streets
222 Church A venue (Between E and Davidson streets)
Norman Park Senior Center (Between F and Center streets)
10.56.080 Meters - Installation - Location.
Individual parking meters shall be installed upon the curb or sidewalk or area immediately
adjacent to each parking space in a parking meter zone. Each meter shall be placed in such
manner as to show or display by sign or signal that the parking space adjacent thereto is or is not
legally in use. Multi-space parking meters shall be located within the zone regulated and
indicated by appropriate parking control devices. (Ord. 2670 S 1, 1996; Ord. 973 S 1, 1966; prior
code S 19.17.2(A)).
! 10.56.090 Meters, Individual- Display of time limit.
Each parking meter shall be designed to display, after the operational procedure has been
completed, a sign or signal indicating legal parking for that period of time conforming to the
limit of parking time or portion thereof for which payment has been made for the zone in which
said parking metcr is installed, and shall continue to operate from the time of the completion of
the operational procedure until the expiration of the time fixed as the parking limit or a portion
thereof for the parking space for which said meter is placed. Each parking meter shall also be
arranged so that upon the expiration of said legal parking time it will indicate by a mechanical
operation and by proper signal that the lawful parking period has expired. (Ord. 2670 S 1, 1996;
Ord. 973 S 1, 1966; prior code S 19.17.2(B)).
,10.56.095 Meters, Multi"space - Display of time limit
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, A multi-space meter shall, after deposit of payment required, dispense a ticket on which the
,amount of payment deposited, the applicable meter zone/lot that the ticket for which the ticket is
,valid, and expiration date and time of valid parking period will be displayed.
,10.56.100 Meter zone - Manner of parking required.
When any vehicle is to be parked within a parking space regulated by a parking meter, the
,operator of said vehicle shall park within the assigned area designated by marking lines
'indicating parallel, diagonal, perpendicular, or other such manner of parking.
A. When a parking space regulated by a parking meter is parallel to an adjacent curb or
sidewalk, any vehicle parked in such parking space shall be parked so that the foremost part of
such vehicle shall be alongside of the nearest parking meter.
B. When a parking space regulated by a individual parking meter is diagonal to a curb or
sidewalk, any vehicle parked in such parking space shall be parked with the foremost part of
such vehicle directly at and nearest to such meter.
, C. When a parking space is regulated by a multi-space meter, any vehicle parked within
; such parking space shall park in a manner such that the foremost part of the vehicle enters the
ispace prior to the remainder of the vehicle. (Ord. 2670 91,1996; Ord. 973 9 1,1966; prior code
'919.17.3).
'10.56.110 Meter - Driver operations required.
Upon parking a vehicle in a parking space regulated by a parking meter, the owner or operator
of such vehicle shall immediately make payment in the amount required by CVMC Section
.10.56.020 for the time limit or any fractional portion as may be authorized for the zone in which
, said parking meter is installed.
A. For an individual parking meter, after the deposit of payment as required by this section,
the owner or operator of such vehicle shall turn any crank, knob, handle or other device or
perform such other actions as may be required in accordance with the instructions posted on the
face of said parking meter.
B. For a multi-space meter, the owner or operator of such vehicle shall select the time period
that the vehicle will remain parked in the parking space, make payment in the manner required in
accordance with the instructions on said parking meter, remove the ticket dispensed from the
,parking meter, and place such ticket on the dashboard of said vehicle such that it is clearly
: visible from the exterior of the vehicle. (Ord. 2670 9 1, 1996; Ord. 973 9 I, 1966; prior code
919.17.4(A)).
.10.56.120 Meter zone - Parking unlawful when.
, Said parking space may then be used by such vehicle during the legal parking limit or
: fractional part thereof as may be authorized for the zone in which said parking meter is installed.
i Said vehicle shall be unlawfully parked if it remains in said space:
A. When the owner or operator has not complied with the operational procedure described in
CVMC 10.56.110;or
B. Beyond the legal parking limit or fractional part thereof as indicated by a sign or signal
displayed by the individual parking meter.
C. Beyond the legal parking limit or fractional part thereof as indicated on the ticket dispensed
from the multi-space parking meter. (Ord. 2670 9 I, 1996; Ord. 973 9 I, 1966; prior code
9 19. 17.4(B)).
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10.56.130 Parking meter - Overtime.
No person shall permit a vehicle to remain parked in any parking meter zone when the meter
shows the parking time has expired or the ticket dispensed by the multi-space meter shows the
parking time has expired. (Ord. 267091,1996; Ord. 186792,1979; Ord. 973 9 1,1966; prior
code 9 19.17.4(C)).
,10.56.140 Parking meter - Extra time prohibited.
A. No person shall permit a vehicle to remain parked beyond the time limit established for any
,parking meter zone in which the vehicle is parked.
B. No person shall deposit or cause to be deposited in a parking meter any payment for the
;purpose of increasing or extending the time during which a vehicle is parked beyond the time
'limit established for the parking meter zone in which the vehicle is parked. (Ord. 2670 9 1, 1996;
:Ord. 186792,1979; Ord. 97391,1966; prior code 919.17.4(D)).
10.56.150 Parking meter - Time of operation.
Parking meters shall be operated in parking meter zones every day between the hours of 9:00
. a.m. and 6:00 p.m., except Sundays and holidays defined in CVMC 10.08.110. (Ord. 2670, 1996;
Ord. 2436 9 5, 1991; Ord. 186792,1979; Ord. 973 9 1, 1966; prior code 9 19.17.4 (E)).
10.56.180 Meters - Improper use prohibited.
No person shall deposit or cause to be deposited in any parking meter any defaced, bent or
counterfeit coin, slug, coin other than those ofthe United States, device, or other material or
,instrument as substitute for a coin of the United States, except parking meter tokens authorized
by the city. (Ord. 2670 S I, 1996; Ord. 973 9 I, 1966; prior code 9 19.17.7).
)0.56.190 Deposit of coins by unauthorized person prohibited.
No person, other than the owner or operator of a vehicle, or a member of the police
department, as authorized in CVMC 10.56.110 through 10.56.150, shall deposit any payment in
any parking meter without the knowledge or consent of said owner or operator of the vehicle
using the parking space regulated by such meter. (Ord. 2670 91,1996; Ord. 973 S I, 1966; prior
'code 9 19.17.8).
'10.56.270 Permit parking - Established - Administration authority.
Notwithstanding any other provisions of this chapter, there is hereby established a system of
.permit parking which the finance office, or his designee, shall administer subject to the standards
and provisions set forth in CVMC 10.56.280 through 10.56.320. (Ord. 2670 9 1, 1996; Ord. 973
91,1966; prior code S 19.17.14).
10.56.280 Permit parking - Authorized when - Sticker or tag required.
In those parking mcter zones and municipal parking lots approved by ordinance of the city
council, described in CVMC 10.56.290 and listed in Schedule XII of the register maintained by
the city engineer, a person may park any vehicle upon any public parking lots, designated by a
I O-hour time limit, owned or operated by the city upon proper display of a valid and current
parking permit, in lieu of deposit of payment in the parking meter. (Ord. 2670,1996; Ord. 2436
.96,1991; Ord. 2131 S 1,1985; Ord. 973 9 I, 1966; prior code 9 19.17.14(A)).
.10.56.290 Permit parking - Areas designated - Schedule XII.
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Pursuant to Vehicle Code Sections 22508 and 22519 and in accordance with CVMC
; 10.56.270 and 10.56.280, the following areas are also "designated as permit parking areas wherein
'vehicles displaying appropriate parking permits or tags shall be allowed to park in spaces so
marked for up to 10 hours (all day).
Schedule XII
Parking Zone Location
Public Parking Lots I to II (parking Meter Zones) See CVMC 10.56.040 for locations
(Ord. 2983 S 3, 2004; Ord. 2670,1996; Ord. 2488 S 3,1991; Ord. 2436 S 7,1991; Ord. 2131 S I,
1985; Ord. 973 S 1,1966; prior code S 19.22.1).
10.56.300 Permits or tags - Cost - Period of validity - Prorating permitted when.
For the required fee (s) said parking permits shall be sold to cover a calendar quarter of three
months' duration. Said permits may be obtained at the city fmance office or other designated
location. Applicants must be merchants or employees of merchants owning or operating
businesses within the downtown business area or city officers on behalf of city employees
, assigned to Norman Park Center. Applicants may request a proration of the quarterly fee if they
, are purchasing a permit for the balance of the calendar quarter, and such proration shall be made
at the sole discretion of the finance officer, or his designee. (Ord. 2670 S I, 1996; Ord. 2506 S I,
: 1992; Ord. 2488 S 4,1991; Ord. 2436 S 8, 1991; Ord. 2131 S I, 1985; Ord. 973 S 1, 1966; prior
code S 19.17.14(B)).
'10.56.310 Permits or tags - Sale procedure - Display of permit.
The finance officer, or his designee, shall establish the necessary procedure for the sale of
"such permits, and shall obtain the necessary permits which when displayed from the interior of a
. vehicle shall be clearly visible from the exterior of the vehicle. (Ord. 2670 S 1, 1996; Ord. 2436
S 9, 1991; Ord. 973 S I, 1966; prior code S 19.17.14(C)).
SECTION IV.
Chapter 10 Section 10.62 Parking Violations and Enforcement is amended
by adding Sections 10.62.020 and 10.62.030 and amending the text of
10.62.010 as follows:
10.62.010
10.62.020
10.62.030
Parking Enforcement - Authorized agents.
Enforcement - Written notice of violation - Contents - Placement.
Civil and late payment penalties and fees.
10.62.010 Parking Enforcement - Authorized agents.
A. Every Police officer and every City employee, and every volunteer (designated by the
Chief of Police) charged with enforcement of the provisions of Chapters 10.52, 10.56 and 10.60
CVMC relating to illegal parking and time limitations in parking meter zones, the provisions of
the California Vehicle Code, and the other laws of the state applicable to parking violations
within the City, shall have the duty, when any vehicle is illegally parked, to issue written notice
of violation thereof stating the state vehicle license number, make of such vehicle, the time and
date of such illegal parking, meter number, street location, and a reference to the appropriate
section of the code and the amount of the penalty for the violation.
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. B. Contract Enforcement. The City may enter into a contract with a duly qualified company,
'approved by the Chief of Police, to provide enforcement of the Chula Vista Municipal Code
Chapters 10.52, 10.56 and 10.60 relating to CVMC infractions only.
10.62.020 Enforcement - Written notice of violation - Contents - Placement.
When any vehicle is illegally parked an authorized agent may issue written notice of violation,
in conformance with Vehicle Code 9 40202. The peace office or person authorized to enforce
parking laws and regulations shall securely attach to the vehicle a notice of parking violation
. setting forth the violation including reference to the section of this code or of the Public
,Resources Code, the local ordinance, or the federal statute or regulation so violated; the date; the
approximate time thereof; the location where the violation occurred; a statement printed on the
,notice indicating that the date of payment is required to be made not later than 21 calendar days
; from the date of citation issuance; and the procedure for the registered owner, lessee or rentee to
.deposit the parking penalty or pursuant to Section 40215, contest the citation. The notice of
parking violation shall also set forth the vehicle license number and registration expiration date if
they are visible, the last four digits of the vehicle identification number, if that number is
readable through the windshield, the color of the vehicle, and, if possible, the make of the
,vehicle. The notice of parking violation, or copy thereof, shall be considered a record kept in the
ordinary course of business of the issuing agency and the processing agency and shall be prima
facie evidence of the facts contained therein. The notice of parking violation shall be served by
attaching it to the vehicle either under the windshield wiper or in another conspicuous place upon
the vehicle so as to be easily observed by the person in charge of the vehicle upon the return of
that person.
-- ..
10.62.0~0 Civi!~ndlat,,-p_aYD1e_I1tpen,!lties an~ Iees.
1. Base penalty amounts for the following Chu1a Vista Municipal Code violations shall
be $12.00 if paid within 30 days of the notice of violation: CVMC 10.56.100; 10.56.110;
10.56.120; 10.56.140.
2. Base penalty amounts for the following Chula Vista Municipal Code violations shall
be $50.00 if paid within 30 days of the notice of violation: CVMC 10.52.485.
3. Base penalty amounts for the follov;ing Chula Vista Municipal Code violations and
California Vehicle Code violations shall be $25.00 ifpaid within 30 days of the notice of
violation: CVMC 10.52.100; 10.52.110; 10.52.120; 10.52.130; 10.52.200; 10.52.210; 10.52.240;
10.52.330; 10.52.390; 10.52.420; 10.52.430; 10.52.480; 10.56.130; 10.56.310. California
Vehicle Code Sections 2113( a); 22515; 22520.
4. Base penalty amounts for the following Chula Vista Municipal Code violations and
California Vehicle Code violations shall be $35.00 if paid within 30 days of the notice of
violation: CVMC 10.52.040; 10.52.060; 10.52.070(A)(1) - (14); 10.52.090; 10.52.150;
10.52.160; 10.52.180; 10.52.190; 10.52.230; 10.52.270; 10.52.290; 10.52.310; 10.52.360;
10.52.450; 10.60.030; 10.60.050; 10.60.060; 10.60.080; 10.60.090; 10.60.100. California
Vehicle Code Sections 21211; 22500(a) - (h); 22500(j), (k); 22500.1; 22514; 22516; 22517.
5. Base penalty amounts for the following California Vehicle Code violations shall be
$25.00. The base penalty ,,,ill be reduced to $10.00 upon submission of proof of correction
9
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within the time frames specified in the Vehicle Code of the state of California: California
Vehicle Code Sections 5200; 5201; 5204(a).
6. The base penalties for the following California Vehicle Code violations shall be as set
forth below:
California Vehicle Code Sections 4462(b) - $100.00; 22500(i) - $250.00; 22500(1)-
$275.00; 22507.8 - $330.00; 22522 - $275.00; 22523 - $100.00; 22526 - $50.00.
7. The base penalties for Chula Vista Municipal Code and California Vehicle Code
violations not listed above shall be $35.00 if paid within 30 days of the notice of violation, unless
the penalty amount is set by the Vehicle Code of the state of California.
8. The owner or operator may mail such payments to the City's Director of Finance
within the time established herein, but shall be responsible for delivery thereof to the office of
the Director of Finance.
9. Late Payment Penalties. All base penalties under $250.00 listed in subsections (B)(2)
through (6) of this section shall double if not paid within 30 days of the notice of violation,
unless specifically restricted by the Vehicle Code of the state of California. The penalty for
violations listed in subsection (B)(1) of this section shall be $35.00 if the penalty is not paid
within 30 days of the notice of violation.
C. Failure to Pay. Failure to pay the appropriate penalty as provided herein or failure to contest
the violation pursuant to Sections 40200.7 and 40215 of the Vehicle Code of the state of
California will result in either notification of the Department of Motor Vehicles, which agency
shall collect the maximum penalties and fee(s) established hereby at such time as the owner or
operator seeks to register his vehicle in accordance with the provisions of Section 4760 of the
Vehicle Code of the state of California, or if applicable, in legal proceedings being instituted in
court against the person responsible for the unpaid penalties and fees in accordance with the
provisions of Section 40220 of the Vehicle Code of the state of California. For those citations
that remain unpaid beyond 30 days and for which a hold is placed on the registration by the
Department of Motor Vehicles, an additional $10.00 fee shall be assessed. (Ord. 3094 ill, 2007;
Ord. 2923 il2, 2003; Ord. 2670 ill, 1996; Ord. 2638 ill, 1995; Ord. 2490 ill, 1991; Ord. 2136
ill, 1985; Ord. 2097 ill, 1985; Ord. 1960 ill, 1981; Ord. 1867 il3, 1979).
SECTION V.
Effecti ve Date
This ordinance shall become effective thirty (30) days after its second reading and adoption.
Presented by:
Gary Halbert
Deputy City Manager/Development Services Manager
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10
CITY COUNCIL ORDINANCE NO.
AN ORDINANCE OF THE CHULA VISTA CITY COUNCIL
MODIFYING THE BOUNDARIES OF THE DOWNTOWN
PARKING DISTRICT
WHEREAS, on February 6, 1963, a petition for the formation of a parking district in the
City of Chula Vista, California, under the provisions of the Parking District Law of 1951 (Part 4,
Division 18 of the Streets and Highways Code of the State of California) was filed in the office of
the City Clerk; and
WHEREAS, thereafter this City Council adopted Resolution No. 3040, finding that said
petition was sufficient; approving said petition and certificate; agreeing to install and maintain or to
continue to maintain parking meters on certain public ways within the district as proposed in said
petition; finding and determining that the public interest, convenience and necessity require that
such meters be installed and maintained or continued to be maintained as proposed in said petition;
and directing the City Engineer to make and file with the City Council a report showing the matters
specified in Section 35257 of said Streets and Highways Code; and
WHEREAS, thereafter this City Council adopted Ordinance No. 829, declaring and
agreeing that certain described lands owned by the City of Chula Vista shall, for all purposes of said
proposed parking district, be held, used and treated in all respects the same as parking places to be
acquired with the proceeds of bonds to be issued under said Law; and
WHEREAS, on May 14, 1963, this City Council adopted Resolution No. 3115, declaring its
intention to form said parking district; and
WHEREAS, on July 9, 1963, this City Council adopted Ordinance No. 847 declaring that
Parking District NO.1 of the City of Chula Vista was formed and described the acquisitions and
improvements to be made; and
WHEREAS, on November 13, 2007, the Parking District Interim Action Plan was approved
by the City Council that included a recommendation to modify the Parking District Boundaries; and
WHEREAS, the new Parking District Boundaries will be E Street to the North, Del Mar to
the east, Garrett to the west and H Street to the south with the east boundary south of G Street; and
WHEREAS, the State of California Vehicle Code Section 22508 requires that local
authorities establish parking meter zones by ordinance; and
WHEREAS, the properties added to the Parking District will not have any assessment
levied; and
WHEREAS, the City is not proposing to issue any bonds for the operation of the Parking
District;
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NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista City Council does
hereby modify the Parking District Boundaries as described above.
This ordinance will take effect and be in force thirty days after final passage.
Presented by:
Gary Halbert
Deputy City Manager/Development Services Manager
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/
/
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CITY COUNCIL
AGENDA STATEMENT
~~f!/ CITY OF
'~`` CHULAVfSTA
SEPTEMBER 15, 2009, Item ~D
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND SOUTH BAY COMMUNITY
SERVICES FOR IMPLEMENTATION OF HOMELESS
PREVENTION AND RAPID RE-HOUSING SERVICES
SUBMITTED DEPUTY CITY MANAGEDEVELOPMENT SERVICES
BY: DIRECTOR ^~
REVIEWED CITY' MANAGE~f~
BY: /
4/STHS VOTE: YES ~ NO
SUMMARY
On June 29, 2009, the Department of Housing and Urban Development approved the City's
Draft 2008-2009 Amended Annual Action Plan which proposed two activities to be funded
with Homeless Prevention and Rapid Re-Housing (HPRP) funds in the amount of $819,738.
This item will allow the City to enter into a Memorandum of Agreement with South Bay
Community Sen~ices to cam' out the homeless prevention and rapid re-housing activities on
behalf of the City.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for
compliance with the National Environmental Policy Act (NEPA) and has determined that
the project qualifies for a Certification of Exemption pursuant to Title 24, Part
5834(a)(2)&(3) of the Code of Federal Regulations and pursuant to the U.S. Department
of Housing & Urban Development (HUD) Environmental Guidelines. Thus, no further
environmental review- is necessary.
RECOMMENDATION
Council adopt the resolutions.
6-1
September 15, 2009, Item ~O
Page 2 of 3
BOARDS/COMMISSION RECOMMENDATION
None.
DISCUSSION
On Mazch 6, 2009, HUD notified the City of Chula Vista that the City was eligible to
receive up to $819,738 of HPRP funds, one-time stimulus funds authorized under the
Recovery Act. Generally, the intent of HPRP assistance is to rapidly transition program
participants to stability, either through their own means or through public assistance, as
appropriate. The priority is to serve households that are most in need of temporary
assistance and aze most likely to achieve stable housing after HPRP program concludes.
The funds may not be used to assist households at risk of foreclosure.
HPRP is focused on housing for at risk households-who are homeless or would be
homeless, but for this assistance, including temporary financial assistance paid directly to
a third party (i.e. utility company; landlord) and housing relocation stabilization services.
The City submitted to HUD an amendment to the existing Annual Action Plan in May 18,
2009 identifying how funds would be allocated. Following is a summary of the proposed
use of HPRP funds:
On June 29, 2009, HUD notified the City that the City's Plan was approved for funding.
City Housing staff will administer the program. This includes planning activities,
contract and regulatory compliance, fiscal management and monitoring. Delivery of the
actual homeless prevention and rapid re-housing services will be provided by South Bay
Community Services (SBCS).
6-2
September 15, 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)(1) is not applicable to this decision.
FISCAL IMPACT
HPRP funds aze available to the City to help prevent very low income households from
becoming homeless from the U.S. Departrnent of Housing and Urban Development.
Direct fmancial assistance, housing stabilization services and related administration are
eligible HPRP uses.
CURRENT YEAR FISCAL IMPACT
Staff time spent on outreach and drafting the Action Plan Amendment is reimbursable up
to the administrative cap.
ONGOING FISCAL IMPACT
The majority of expenditures aze direct service delivery costs by outside agencies. These
will be reimbursed from the grant. Administrative duties that exceed the cap aze absorbed
by existing revenue offset staff.
ATTAChIlVIENTS
Attachment 1: Subrecipient Agreement with South Bay Community Services
Prepared by: Angelica Davis. Project Coordinator II
Development Services Department. Housing Division
6-3
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND SOUTH BAY COMMUNITY
SERVICES FOR IlVIl'LEMENTATION OF HOMELESS
PREVENTION AND RAPID RE-HOUSING SERVICES
WHEREAS, the City of Chula Vista will receive $819,738 of grant funds under the
Homeless Prevention and Rapid Re-Housing (HPRP) program from the U.S. Department of
Housing and Urban Development; and
WHEREAS, on May 18, 2009, HUD approved the City's Amended 2008-2009 Annual
Action Plan containing the proposed activities to be funded with HPRP funds, including financial
assistance and Housing Relocation and Stabilization Services; and
WHEREAS, City staff has selected South Bay Community Services to provide the
HPRP services;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista authorizes the City Manager to enter into a Memorandum of Agreement with South Bay
Community Services. A copy of the aforementioned Memorandum of Agreement is on file with
the Office of the City Clerk
Presented by:
James D. Sandoval
City Manager
Approved as to form by:
Bart C Mie feld ~~
City Attorney
6-4
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
i~ ~/1/lit,e'Y1 ~"~ C,
Bart C. Miesfeld
City Attorney
Dated:
Homeless Prevention and Rapid Re-Housing Program Agreement between
the City of Chula Vista and
South Bay Community Services
6-5
w~i
.+~.~.
arv
CHUTA VISTA
Homeless Prevention and Rapid Re-Housing
City of Chula Vista
Homeless Prevention and Rapid Re-Housing Program
By and between the
City of Chula Vista
and
South Bay Community Services
This Contract by and between the City of Chula Vista (hereinafter referred
to as "City"), and the South Bay Community Services (hereinafter referred to as
"Subrecipient ") to administer a Homeless Prevention and Rapid Re-Housing
Program ("HPRP") funded with American Recovery and Reinvestment Act of
2009 ("Recovery Act") Program funds, is effective on October 1, 2009 ("Effective
Date").
WITNESSETH:
WHEREAS, there has been enacted into law the Homeless Prevention Fund
created under Title XII of Division A of the American Recovery and Reinvestment
Act of 2009 ("Recovery Act"), creating the Homeless Prevention and Rapid Re-
Housing Program that provides funds to provide financial assistance and
services to either prevent individuals and families earning less than fifty percent
of the Area Median Income from becoming homeless or help those who are
experiencing homelessness to be quickly re-housed and stabilized; and
WHEREAS, the City, is authorized to apply for and accept Homeless
Prevention and Rapid Re-Housing Program funds; and
WHEREAS, the City's use of Homeless Prevention and Rapid Re-Housing
Program funds described in Attachment "A" hereof (hereinafter referred to as
the "Project") was included in the City's Second Amendment to the 2008-2009
Community Development Block Grant/HOME Investment
Partnership/Emergency Shelter Grant Annual Funding Plan which was submitted
to the U.S. Department of Housing and Urban Development (HUD) on May 18,
2009; and
WHEREAS, HUD has approved the City Second Amendment to the City's
Annual Funding Plan for Homeless Prevention and Rapid Re-Housing funds, and
HUD HPRP Agreement
6-6 Page 1 of 15
WHEREAS, the City received Council approval for use of HPRP funds
described in Attachment "A" hereof (hereinafter referred to as the "Project") on
May 5, 2009; and
WHEREAS, it is the desire of the Subrecipient and the City that the Project
be implemented by the Subrecipient ,and
WHEREAS, the Subrecipient shall undertake the same obligations to the
City with respect to the Project in the City's aforesaid 2008-2009 Annual Funding
Plan Second Amendment for participation in the Homeless Prevention and
Rapid Re-Housing Program;
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
HOMELESS PREVENTION AND RAPID RE-HOUSING PROGRAM: The
Subrecipient shall implement the scope of work ("Scope of Work")
described in Attachment A, hereof fully and in accordance with the terms
of the Annual Funding Plan Second Amendment approved by the City
and submitted to HUD in application for funds to carry out the Project and
the Certifications which were submitted concurrently with the 2008-2009
Annual Funding Plan Second Amendment. The Annual Funding Plan
Second Amendment and Certifications form is hereby incorporated by
reference into this contract fully as if set forth herein.
II. WORK TO BE PERFORMED: Subrecipient shall also undertake the same
obligations to the City that the City has undertaken to HUD pursuant to
said Annual Funding Plan Second Amendment and Certifications. The
obligations undertaken by the Subrecipient include, but are not limited to,
the obligation to comply with the current and most up-to-date version of
each of the following:
A. Title XII of Division A of the American Recovery and Reinvestment Act
of 2009, referred to the Homeless Prevention and Rapid Re-Housing
Program;
B. Regulations of the Department of Housing and Urban Development
relating to Homeless Prevention and Re-Housing Program (Federal
Register (FR) 5307-N-O1);
C. Regulations of the Department of Housing and Urban Development
relating to environmental review procedures for the Homeless
Prevention and Rapid Re-Housing Program (HPRP). HPRP activities are
categorically excluded from environmental review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321) and 24 CFR Part
HUD HPRP Agreement
6-7 Page 2 of 75
50.19(6)(3), (11), and (12);
D. Title VI of the Civil Rights Act of 1964 (42 USC § 2000d); Title VII of the
Civil Rights Act of 1968 (Public Law 88-352); Title VIII of the Civil Rights
Act of 1968 (Fair Housing Act, 42 USC § 3601, et seq.); Section 109 of
the Housing and Community Development Act of 1974; Executive
Order 11246 (equal employment opportunity); Executive Order 11063
(non-discrimination), as amended by Executive Order 12259; and any
HUD regulations heretofore issued or to be issued to implement these
authorities relating to civil rights;
E. All section 3 covered contracts shall include the following clause
(referred to as the "section 3 clause"):
i. The work to be performed under this contract is subject to the
requirements of section 3 of the Housing and Urban Development Act
of 1968, as amended, 12 U.S.C. 1701 u (section 3). The purpose of
section 3 is to ensure that employment and other economic
opportunities generated by HUD assistance or HUD-assisted projects
covered by section 3, shall, to the greatest extent feasible, be directed
to low- and very low-income persons, particularly persons who are
recipients of HUD assistance for housing.
ii. The parties to this contract agree to comply with HUD's regulations in
24 CFR 135.1, et seq., which implement section 3. As evidenced by
their execution of this contract, the parties to this contract certify that
they are under no contractual or other impediment that would
prevent them from complying with the Part 135 regulations.
iii. The Subrecipient agrees to send to each labor organization or
representative of workers with which the Subrecipient has a collective
bargaining agreement or other understanding, if any, a notice
advising the labor organization or workers' representative of the
Subrecipient 's commitments under this section 3 clause, and will post
copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can
see the notice. The notice shall describe the section 3 preference, shall
set forth minimum number and job titles subject to hire, availability of
apprenticeship and training positions, the qualifications for each; and
the name and location of the person(s) taking applications for each of
the positions; and the anticipated date the work shall begin.
iv. The Subrecipient agrees to include this section 3 clause in every
subcontract subject to compliance with Part 135 regulations, and
HUD HPRP Agreement
6-$ Page 3 of 15
agrees to take appropriate action, as provided in an applicable
provision of the subcontract or in this section 3 clause, upon a finding
that the subSubrecipient is in violation of Part 135 regulations. The
Subrecipient will not subcontract with any subSubrecipient where the
Subrecipient has notice or knowledge that the subSubrecipient has
been found in violation of the regulations in 24 CFR 135.1, et seq..
v. The Subrecipient will certify that any vacant employment positions,
including training positions, that are filled (1) after the Subrecipient is
selected but before the contract is executed, and (2) with persons
other than those to whom the Part 135 regulations require employment
opportunities to be directed, were not filled to circumvent the
Subrecipient 's obligations under 24 CFR Part 135.
vi. Noncompliance with Part 135 regulations may result in sanctions,
termination of this contract for default, and debarment or suspension
from future HUD assisted contracts.
vii. With respect to work performed in connection with section 3
covered Indian housing assistance, section 7(b) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450e1 also
applies to the work to be performed under this contract. Section 7(b)
requires that to the greatest extent feasible (i) preference and
opportunities for training and employment shall be given to Indians,
and (ii) preference in the award of contracts and subcontracts shall be
given to Indian organizations and Indian-owned Economic Enterprises.
Parties to this contract that are subject to the provisions of section 3
and section 7(b) agree to comply with section 3 to the maximum
extent feasible, but not in derogation of compliance with section 7(bJ.
F. Office of Management and Budget ("OMB") Circular A-122 entitled
"Cost Principles for Non-Profit Organizations"; OMB Circular A-133
entitled "Audits of States, Local Governments, and Non-Profit
Organizations"; and OMB Circular A-110 and 24 CFR Part 84 entitled
"Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals and Other Non-Profit
Organizations".
G. Any program income earned by Subrecipient in carrying out the
activities of this contract shall be returned to the City. Upon expiration
of this agreement, Subrecipient shall transfer to the City any HPRP
funds on hand at the time of expiration and any dccounts receivable
attributable to the use of HPRP funds;
HUD HPRP Agreement
6-9 Page 4 of 15
H. Affordability provisions of the HUD regulations relating to the Homeless
Prevention and Rapid Re-Housing Program. Repayment of any funds
to the City is required if the housing does not meet the HPRP eligibility
requirements or failure to meet the expenditure deadlines within the
specified time period;
I. The following laws and regulations relating to preservation of historic
places: the National Historic Preservation Act of 1966 (Public Law
89-665); the Archaeological and Historical Preservation Act of 1974
(Public Law 93-291); and Executive Order 11593;
J. The Labor Standards Regulations set forth in 24 CFR 92.354;
K. Prevailing wage requirements as set forth in Labor Code Section 1720;
L. The Hatch Act relating to the conduct of political activities (5 U.S.C. §§
1502, et. seq.);
M. The Flood Disaster Protection Act of 1974 (42 U.S.C. § 4106 and the
implementing regulations in 44 CFR Parts 59-79);
N. The Rehabilitation Act of 1973 (Public Law 92-112) as amended,
including Section 504 which relates to nondiscrimination in federal
programs and HUD Regulations set forth in 24 CFR Part 8;
O. The Clean Air Act (42 U.S.C. § 7401, et seq.) and the Federal Water
Pollution Control Act, as amended (33 U.S.C. § 1251, et seq.) and the
regulations adopted pursuant thereto (40 CFR 6.100, et seq,);
P. The Drug-Free Workplace Act of 1988 (Public Law 100-690j;
Q. The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et. seq
.), as amended by the Residential Lead-Based Paint Hazard
Reduction Act of 1992 (42 U.S.C. 4851 et seq.) and implementing
regulations at 24 CFR part 35, subparts A, B, M, and R shall apply to
housing occupied by families receiving assistance through HPRP;
R. No member, officer or employee of the Subrecipient , or its designee
or agents, no member of the governing body of the locality in which
the program is situated, and no other public official of such locality or
localities who exercises any functions or responsibilities with respect to
the program during his/her tenure or for one year thereafter, shall have
any interest, direct, or indirect, in any contract or subcontract, or the
process thereof, for work to be performed in connection with the
HUD HPRP Agreement
6-1 0 Page 5 of 15
program assisted under the Grant, and that it shall incorporate, or
cause to be incorporated, in all such contracts or subcontracts a
provision prohibiting such interest pursuant to the purposes of this
certification;
S. The Subrecipient certifies, that in accordance with Section 319 of
Public Law 101-121, to the best of his or her knowledge and belief that:
i. No federal appropriated funds have been paid or will be paid, by or
on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, in
connection with the awarding of any federal contract, the making of
any federal grant, the making of any federal loan, the entering into of
any cooperative contract, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or
cooperative contract.
ii. If any funds other than federal appropriated funds have been paid
or will be paid to any person for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, or an
employee of a member of Congress in connection with this federal
contract, grant, loan, or cooperative contract, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions.
T. The Subrecipient will adopt an affirmative marketing plan in
accordance with 24 CFR 92.351 if the housing being funded contains
five or more units.
U. The Architectural Barriers Act of 1968 (42 U.S.C. §§ 4151, et seq.);
V. The bonding requirements described in 24 CFR 85.36 required for
construction or facility improvement contracts or subcontracts that
exceed the simplified acquisition threshold (defined at 41 U.S.C.
403(11)). These requirements are further described in Attachment B, if
applicable, which is attached hereto and incorporated by reference.
III. COMPLIANCE WITH LAWS: Subrecipient shall comply with all applicable
local, state, and federal laws, regulations, ordinances, and City Policies
when performing when performing the work required by this Subrecipient .
IV. COMPENSATION: City shall reimburse Subrecipient for the rental
assistance and security deposit assistance costs it incurs under this
HUD HPRP Agreement
6-1 1 Page 6 of 15
Contract, not to exceed a maximum reimbursement of $754,700.00, as
further detailed in Attachment "A" (Scope of Services and Budget).
Subrecipient shall not submit claims to the City nor shall City reimburse
Subrecipient for costs for which Subrecipient is reimbursed from a source
other than the funds allocated for work under this Contract. Subrecipient
shall adhere to budget as detailed in Attachment "A." Any changes to
budget must be approved by City before implementation
V. COMPENSATION SCHEDULE: City shall pay Subrecipient monthly progress
payments upon certification and submittal by Subrecipient of a
statement of actual expenditures incurred, provided, however, that not
more than 90% of the total agreed compensation will be paid during the
performance of this Contract. The balance due shall be paid upon
certification by Subrecipient that all of the required services have been
completed. Payment by City is not to be construed as final in the event
HUD disallows reimbursement for the project or any portion thereof. The
10~o retention will not apply to acquisition or service contracts.
VI. EXPENDITURE STANDARD: In order to insure effective administration and
performance of approved Homeless Prevention and Rapid Re-Housing
Program and to meet HUD performance standards, Subrecipient agrees
that it shall expedite implementation of the project described herein.
Subrecipient shall expend at least 60~ of the grant funds by September 1,
201 1. 100% of the grant funds must be spent as of the end of the three-
year grant period that begins when HUD signs the City of Chula Vista's
grant agreement but no later than September 1, 2012.
VII. TERM: This contract shall commence when executed by the parties and
shall continue in effect until terminated as provided herein or until
Subrecipient has carried out all its obligations under the contract.
Services of the Subrecipient shall start services on the 15} day of October,
2009 and end on the 1st day of September of 2012. Subrecipient must
expend 60% of the HPRP grant funds within two-years of the date the
funds become available to the City of Chula Vista by the Department of
Housing and Urban Development and 100 percent of the funds within
three years of this date. With City approval, the term of this Agreement
and the provisions herein shall be extended to cover any additional time
period needed to expend the project HPRP funds if allowed by the
Department of Housing and Urban Development.
VIII. TERMINATION fOR CONVENIENCE: The City may permit the agreement to
be terminated for convenience in accordance with 24 CFR 85.44.
HUD HPRP Agreement
6-1 2 Page 7 of 15
IX. AUTOMATIC TERMINATION: This Contract shall terminate at the discretion
of the City if the United States Government terminates the Homeless
Prevention and Rapid Re-Housing Program or terminates the Project,
which is the subject of this Contract, or upon Subrecipient's satisfactory
completion of the objectives set forth in the Scope of Work as determined
by City.
X. TERMINATION OF CONTRACT FOR CAUSE:
In accordance with 24 CFR Parf 85.43, if Subrecipient fails to fulfill in a
timely and proper manner its obligations under this Contract to
undertake, conduct or perform the Project identified in this Contract, or if
Subrecipient violates any state laws or regulations or local ordinances or
regulations applicable to implementation of the Project, or if Subrecipient
violates any provisions of this Contract, City shall have the right to
terminate this contract by giving at least ten (10) days written notice to
Subrecipient of the effective date of termination. Even if City terminates
the Agreement, Subrecipient shall remain liable to City for all damages
sustained by Subrecipient due to Subrecipient 's failure to fulfill any
provisions of this Contract, and City may withhold any reimbursement
payments from Subrecipient for the purpose of set-off until the exact
amount of damages due to City from Subrecipient is determined.
Subrecipient hereby expressly waives any and all claims for damages for
compensation arising under this contract except as set forth in this section
in the event of such termination. The City may also, in lieu of termination
and at its discretion, take any action, as stated in 24 CFR 85.43, subdivision
(a), sections 1 to 5, to enforce this Agreement.
XI. CONTRACT ADMINISTRATION: The Housing Manager of the City of Chula
Vista, shall administer this Contract on behalf of the City. The Executive
Director of South Bav Community Services shall administer this contract on
behalf of the Subrecipient . Within a reasonable time after the City makes
a request, Subrecipient shall give the City progress reports or other
documentation as required by the City's Administrator to audit
Subrecipient 's performance of this Contract.
XII. RECORDS AND REPORTS: The Subrecipient shall maintain records and
make such reports as required by the City's Administrator, to enable the
City to analyze Subrecipient's project. All records of the Subrecipient
related to this Contract or work performed under this Contract shall be
open and available for inspection by HUD and/or City auditors during
normal business hours.
XIII. RETENTION: The Subrecipient shall retain all financial records, supporting
documents, statistical records, and all other records pertinent to the
HUD HPRP Agreement
6-1 3 Page 8 of 15
Agreement for a period of five (5) years after the final draw and all
reporting, and until the submission of Grantee's annual performance and
evaluation report to HUD in which the activities assisted under the
Agreement are reported on for the final time. Notwithstanding the above,
if there is litigation, claims, audits, negotiations or other actions that
involve any of the records cited and that have started before the
expiration of the five-year period, then such records must be retained until
completion of the actions and resolution of all issues, or the expiration of
the five-year period, whichever occurs later.
XIV. DATA: The Subrecipient shall maintain data demonstrating eligibility (low-
moderate income data) for Homeless Prevention and Rapid Re-Housing
Program applicants and participants. Such data shall include, but not
limited to, amount of assistance, eligibility, waiting list, work performed,
and a description of service provided. Such information shall be made
available to City monitors or their designees for review upon request.
XV. DISCLOSURE: The Subrecipient understands that client information
collected under this contract is private and the use or disclosure of such
information, when not directly connected with the administration of the
City's or Subrecipient 's responsibilities with respect to services provided
under this contract, is prohibited by the state of Federal law privacy laws
unless written consent is obtained from such person receiving service and,
in the case of a minor, that of a responsible parent/guardian.
Subrecipient shall have applicant signed a City release of information
(Attachment H).
XVI. QUARTERLY REPORTS/ANNUAL REPORT: Subrecipient is subject to the
reporting requirements established by the Recovery Act, as specified by
HUD and the Office of Management and Budget. To encourage
transparency, City will require Subrecipient to provide reports that will be
used for posting on the Recovery.gov website.
At a minimum, Subrecipient shall provide the City with monthly reports,
submitted no later than ten (10) days after the last day of the previous
month, which includes a narrative of the services provided, progress
towards meeting the timeline goals stated in the contract, and an
itemized accounting of the expenditures of HPRP funds during the
previous month. Failure to submit monthly reports in a timely manner will
result in withholding of HPRP funds until the report has been submitted.
The year-end annual performance report is due by July 16.
HUD HPRP Agreement
6-1 4 Page 9 of 15
XVII. INDEMNIFICATION: City shall not be liable for, and Subrecipient shall
defend and indemnify City and its officers, agents, employees and
volunteers against any and all claims, deductibles, self-insured retentions,
demands, liability, judgments, awards, fines, mechanics' liens or other
liens, labor disputes, losses, damages, expenses, charges or costs of any
kind or character, including attorneys' fees and court costs (collectively,
Claims), which arise out of or are in any way connected with the work or
scope of services covered by this Contract arising either directly or
indirectly from any act, error, omission or negligence of Subrecipient or its
officers, employees, agents, Subrecipient s, licensees or servants,
including without limitation, Claims caused by the concurrent act, error,
omission or negligence, whether active or passive, of City, and/or its
agents, officers, employees or volunteers. However, Subrecipient shall
have no obligation to defend or indemnify City from a Claim if it is
determined by a court of competent jurisdiction that such Claim was
caused by the sole negligence or willful misconduct of City or its agents or
employees.
Subrecipient and its successors, assigns, and guarantors, if any, jointly and
severally agree to indemnify, defend (with counsel selected by City)
reimburse and hold City and its officers, employees and agents harmless
from any claims, judgments, damages, penalties, fines, costs, liabilities
(including sums paid in settlement of claims) or loss, including attorneys'
fees, consultants' fees, and experts' fees which arise during or after the
contract term for any losses incurred in connection with investigation of
site conditions, or any cleanup, remedial, removal or restoration work
required by any hazardous materials laws because of the presence of
hazardous materials, in the soil, ground water or soil vapors on the
premises, and the release or discharge of hazardous materials by
Subrecipient during the course of any alteration or improvements of the
Premises by Subrecipient ,unless hazardous materials are present solely as
a result of the gross negligence or willful misconduct of City, its officers,
employees or agents. The indemnification provided by this section shall
also specifically cover costs incurred in responding to:
a. Hazardous materials present or suspected to be present in the soil;
ground water to or under the Property before the Commencement
date;
b. Hazardous materials that migrate, flow, percolate, diffuse, or in any
way move on to or under the Property following the Commencement
Date; or
HUD HPRP Agreement
6-1 5 Page 10 of 15
c. Hazardous materials present on or under the Property as a result of
any discharge, release, dumping, spilling (accidental or otherwise),
onto the Property during or after the Term of this contract by any
person, corporation, partnership or entity other than City.
The foregoing indemnities shall survive the expiration or termination of the
contract any or any transfer of all or any portion of the Premises, or of any
interest in this contract and shall be governed by the laws of the State of
California.
Funding from this program is the result of a Federal Grant. Should Federal
funding be terminated for any reason, the City is not liable for any
consequence of any type resulting directly or indirectly from the
termination of federal funding and subrecipient agrees, in addition to any
other indemnification obligation set forth in this agreement, to indemnify,
hold harmless, and defend the City against any claim, cause of action, or
any form of liability resulting from, directly or indirectly, the termination of
Federal funding.
XVIII. Insurance Requirements: South Bay Community Services, at their sole cost
and expense, must procure and maintain insurance against claims for
injuries to persons or damages to property that may arise from or in
connection with the performance of work or services under the Contract
and the results of that work or service by subrecipients, their agents,
representatives, employees or subcontractors and provide
documentation of same prior to commencement or work. The
aforementioned insurance requirement shall be in the manner stated and
proper proof of said insurance must be maintained for the duration of the
contract as further detailed in Attachment B. The City may amend the
insurance requirements, including but not limited to, requiring additional
types of insurance or greater coverage amounts, as determined by the
City. Failure to maintain insurance as required is a basis to take
enforcement action, including termination of the agreement.
XIX AUDIT COSTS: subrecipient shall reimburse City for all costs incurred to
investigate and audit subrecipient 's performance of its duties under the
Contract if subrecipient is subsequently found to have violated the terms
of the Contract. Reimbursement shall include all direct and indirect
expenditures incurred to conduct the investigation or audit. City may
deduct all such costs from any amount due subrecipient under this
Contract.
HUD HPRP Agreement
6-1 6 Page 11 of 15
XX ENTIRE CONTRACT: This contract constitutes the entire agreement of the
parties and supersedes any previous oral or written understandings or
contracts related to the matters covered herein.
XXI MODIFICATION: This contract may not be modified except by written
amendment executed by each party.
XXII ACKNOWLEDGEMENT OF FUNDING: Subrecipient shall identify the City of
Chula Vista, Recovery Act, and the Department of Housing and Urban
Development as the source of funding, or, if applicable, one of the
sources of funding in public announcements that are made regarding the
project. Acknowledgement of the City's funding role, for example, should
be included in publicity materials related to the project. In addition,
Subrecipient agrees that the City shall be apprised of any special events
linked to the project so that a review can be made on what role, if any,
the City would assume.
XXIII NO WAIVER: No failure, inaction, neglect or delay by City in exercising any
of its rights under this Contract shall operate as a waiver, forfeiture or
abandonment of such rights or any other rights under this Contract.
XXIV CONFLICT OF INTEREST: In the procurement of supplies, equipment,
construction, and services by Subrecipient and subcontractors, the
conflict of interest provisions, Attachment O of OMB Circular A-110 and 24
CFR 84.42, respectively, shall apply. In all cases not governed by the
provisions of said circular and regulation, the following provisions of HPRP
program shall apply.
A. No member of the governing body, officers or employee of the
Subrecipient or its designees or agents, or any other person who
exercises any functions or responsibilities with respect to the program
assisted by this Agreement during his tenure or for one year thereafter,
shall have any direct interest in any contract or subcontract, or the
proceeds thereof, for the work to be performed in connection with the
program.
B. No employee, officer or agent of the Subrecipient shall participate in
the selection, award, or administration of a contract supported by
HPRP if a conflict-of-interest, either real or apparent, would be
involved.
C. The Subrecipient shall incorporate, or cause to be incorporated in all
third party agreements, a provision prohibiting such interest pursuant to
the purpose of this Section.
HUD HPRP Agreement
6-1 7 Page 12 of 15
D. Subrecipient must maintain written standards of conduct governing
the award and administration of contracts. At a minimum, these
standards must:
• Require that no employee, officer, or agent may participate in the
selection, award, or administration of a contract supported by
Federal funds if a real or apparent conflict would be involved. Such
a conflict would arise when any of the following parties has a
financial or other interest in the firm selected for an award:
- The employee, officer, or agent of the Subrecipient ;
- Any member of an employee's office's or agent's immediate
family;
- An employee's, agent's, or officer's partner; or
- Any organization which employs or is about to employ any of
the above.
• Require that employees, agents, and officers of the Subrecipient
neither solicit nor accept gratuities, favors, or anything of value from
subSubrecipients, or parties of subagreements. However,
Subrecipient s may set standards for situations in which the financial
interest is not substantial or the gift is an unsolicited item of nominal
value.
• Provide for disciplinary actions to be applied for any violations of
such standards by employees, agents or officers of the
Subrecipient.
XXV. NON DISCRIMINATION AND EQUAL OPPORTUNITY: The Subrecipient
agrees to comply with all the requirements relating to fair employment
practices, to the extent applicable and shall cause the foregoing
provision to be inserted in all contracts with third parties for any work
covered by this Agreement so that such provisions will be binding upon
such third parties. Subrecipient will conduct and administer the grant in
conformity with 24 CFR 5.105(a). Subrecipient must make known that
HPRP rental assistance and services are available to all on a
nondiscriminatory basis and ensure that all citizens have equal access to
information about HPRP and equal access to the financial assistance and
services provided under this program. Among other things, this means
that the Subrecipient must take reasonable steps to ensure meaningful
access to programs to persons with limited English proficiency (LEP),
pursuant to Title VI of the Civil Rights Act of 1964. In addition, all notices
and communications shall be provided in a manner that is effective for
HUD HPRP Agreement
6-18 Page 13 of 15
persons with hearing, visual, and other communication related disabilities
consistent with section 504 of the Rehabilitation Act of 1973 and
implementing regulations at 24 CFR 8.6.
XXVI. LOBBYING: The undersigned certifies, to the best of his or her knowledge
and belief that:
No appropriated federal funds have been paid, or will be paid, by or
on behalf of the undersigned to any person for influencing or
attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid
or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of
Congress in connection with this Federal Contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit
Disclosure Form to Report Lobbying (Standard Form-LLL), in
accordance with its instructions.
3. The undersigned shall require that the language of this certification
be included in the award documents for all sub-awards at all tiers
(including subcontracts, sub-grants, and contracts under grants,
loans, and cooperative agreements) and that all sub-recipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered
into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S.
Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each failure.
XXVII WAIVER OF ENFORCEMENT: No waiver by the City of the right to enforce
any provision of this Agreement shall be deemed a waiver of the right to
enforce each and all the provisions hereof.
HUD HPRP Agreement
6-1 9 Page 14 of 15
XXVIII REVISIONS AND AMENDMENTS AND APPROVALS:
A. Any changes to this Agreement shall constitute an amendment.
B. The Subrecipient shall not expand, enhance, commingle or add to
the scope of the program, covered by the Agreement.
C. Amendments of the terms of this Agreement shall not become
effective unless reduced to writing, numbered, agreed to and signed
by the City and the duly authorized representative of the Subrecipient .
XXIX NOTICE: Any notice of notices required or permitted to be given pursuant
to this Contract shall be personally served by the party giving notice or
shall be served by certified mail, postage prepaid, addressed to:
SUBRECIPIENT
South Bay Community Services
Executive Director
1 124 Bay Boulevard Ste: D
Chula Vista, CA 91910
///
///
///
CITY:
City of Chula Vista Redevelopment & Housing
Housing Manager
276 Fourth Avenue
Chula Vista, CA 91910
[Signature Page to Follow]
HUD HPRP Agreement
6-20 Page 15 of 15
IN WITNESS WHEREOF, the Parties have executed this contract as of the
date first written above.
CITY OF CHULA VESTA
James D. Sandoval
City Manager, City of Chula Vista
APPROVED AS TO FORM
Barf Meisfeld
City Attorney
ATTEST
City Clerk
Attachment A -Scope of ;
Attachment B -Insurance
Attachment C -HUD Income Limits
Attachment D -Disclosure Form
Attachment E- Homeless Prevention and Rapid Re-Housing HUD-401 19
Attachment F Federal Register Notice (FR-5307-N-O1)
Attachment G-Sample Monthly Payment Authorization form
Attachment H-City Release of Information
6-21
South Bay Community Services
ATTACHMENT A
SCOPE OF SERVICES
The Subrecipient agrees to work with the City to locate and assist up to 45 very
low income City of Chula Vista households who are currently or are facing
eviction of permanent rental units (Homeless Prevention) or are residing in an
emergency shelter or transitional housing (Rapid Re-Housing) in accordance
with the provisions contained in the Homeless Prevention Fund created under
Title XII of Division A of the American Recovery and Reinvestment Act of 2009
(Recovery Act) referred to as the Homeless Prevention and Rapid Re-Housing
Program (HPRP), and the Federal Register Notice (FR-5307-N-O1).
General Subrecipient responsibilities include but are not limited to:
i. Develop and implement procedures to ensure the HPRP
program is properly administered in accordance with the
Federal Register Notice FR-5307-N-O1);
ii. Ensure the confidentiality of records pertaining. to any
individual provided with assistance and that the address and
location of any assisted housing will not be made public,
except to the extent that this prohibition contradicts a pre-
existing privacy and/or disclosure law(s) of the State of
California;
iii. Serve as the clearinghouse and central point of contact for the
referral of homeless or at-risk families to the Chula Vista
Homeless Prevention and Rapid Re-Housing program;
iv. Accept referrals from non-profit agencies serving homeless
families and those at risk of becoming homeless including but
not limited to: Chula Vista Community Collaborative, Chula
Vista Elementary School District Mc. Kinney Vento Homeless
liaisons, Interfaith Shelter Network, County Health and Human
Services eligibility technicians and social workers;
v. Make the necessary Housing Assistance Payments on behalf of
participating families directly to property owners;
vi. Administer a short to medium term tenant based rental
assistance program for a period not to exceed 12 months per
family (including arrears);
vii. Conduct income eligibility and recertification determinations
as required by HUD;
viii. Assist families with landlord/tenant rent negotiations, housing
search, placement; and access to mainstream resources wait
HUD HPRP Agreement
6-2~ttachment A-Scope of Services and Budget
lists for programs such as Section 8, Public Housing and other
affordable housing programs;
ix. Collaborate with the City of Chula Vista to develop the step by
step protocol to be followed for the Homelessness Prevention
and Rapid Re-Housing Project;
x. Ensure the program is implemented in accordance with all
applicable federal, state and local guidelines;
xi. Enter program and client level information into the
Homelessness Management Information System;
xii. Designate appropriate staff to participate in the collaborative
decision making process regarding program implementation;
xiii. Provide assistance to Liaisons/Case Managers in the
development of Housing Retention Plans to prevent future
housing instability;
xiv. Serve as a clearing house for information sharing related to
linkages to existing community resources for homeless families;
xv. Provide all programmatic and fiscal reports to the City of Chula
Vista to be submitted to the Department of Housing and Urban
Development as required for program monitoring and
evaluation:
xvi. Collaborate with City in data collection; monitoring and
program evaluation;
xvii. Submit monthly invoices for reimbursement for eligible
expenditures related to program outreach.
1. HPRP Rental Assistance and Rapid Re-Housing Program requirements:
a) Provide approximately 45 Homeless Prevention and Rapid-Re-Housing
Rental Assistance (HPRP) Vouchers (including security deposit and utility
assistance, as needed) for an initial 3 months, which may be renewed for
an additional 9 months.
b) Develop and update a Homeless Prevention and Rapid Re-Housing
Program Administrative Plan that includes grant administration;
c) Security deposit assistance (up to $1,000) to City of Chula Vista Homeless
Prevention and Rapid Re-Housing eligible families in accordance with the
Subrecipient 's HPRP Administrative Plan;
d) Counsel prospective tenants regarding landlord/tenant responsibilities,
methods of locating suitable units and equal housing opportunity laws;
e) Maintain a waiting list and administer the HPRP program as stated in
Department of Housing and Urban Development Federal Register Notice
HUD HPRP Agreement
6-2$ttachment A -Scope of Services and Budget
FR-5307-N-Ol and the City of Chula Vista's Homeless Prevention and Rapid
Re-Housing program amendment approved by the Department of
Housing and Urban Development.
f) Calculate and determine eligibility using the United Stated Department of
Housing and Urban Development's Technical Guide for Determining
Income and Allowances for the HOME Program;
gJ Provide financial literacy, credit counseling, legal-assistance, and other
self-sufficiency services to families receiving HPRP assistance; and
h) Conduct initial Eligibility and Recertifications. Initial and annual
Inspections will also be required.
2. The City and/or the City's monitoring agents will monitor the performance of
the Subrecipient as it relates to this Agreement on a periodic basis.
3. For each fiscal year, all Eligible Households assisted through HPRP must be at
or below 50 percent of area median income, adjusted for family size.
a) Eligibility is determined by comparing the household's anticipated gross
annual income for the next twelve months to the income limits for the
appropriate household size. (The definition of annual income as defined in
Section 8 of the United States Housing Act of 1937.) Verification of income
should be completed in accordance with the rule of the Section 8
Housing Choice Voucher Program.
b) Written certification of income eligibility must be obtained prior to
occupancy. If applicants or household members that are being assisted
have given false information, the Subrecipient must notify the City and
rental assistance must be terminated.
c) Eligible Households who receive assistance under this Agreement must be
currently on a waiting list for a Section 8 Housing Choice Voucher Program
and must be transitioned from the HPRP program to the Section 8
program if a Housing Choice Voucher becomes available to them.
4. No TBRA application shall be accepted by the Subrecipient after expiration
of this contract unless otherwise extended in writing by the City, but in no
event will the contract be extended beyond an additional one year.
5. The Subrecipient is responsible for obtaining the following documentation for
each Eligible Household applying to receive HPRP Funds:
a) Tenant Income and asset verifications;
b) Signed HPRP Coupon (voucher);
HUD HPRP Agreement
g-QQttachment A -Scope of Services and Budget
c) Request for Tenancy Approval (originalJ;
d) Conduct a Rent Reasonableness certification;
e) Signed Lease and Lease Addendum (copy);
f) Obtain evidence that households must be either homeless or at risk of
losing its housing and meet both of the following circumstances: (1) no
appropriate subsequent housing options have been identified; AND (2)
the household lacks the financial resources and support networks needed
to obtain immediate housing or remain in its existing housing. Obtain
evidence of homelessness using the HUD Supportive Housing Program
definition defined by section 103 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 1 1302J;
g) Obtain evidence of eligible immigration status; and
h) Rapid Re-Housing is available for persons who are homeless according to
HUD's definition. Individuals and families who meet one of the following
criteria, along with the minimum requirements described in (f) of this
section, are eligible under the rapid re-housing portion of HPRP.
b. Rental assistance under this program is not portable and is available to
Eligible Households to rent the unit of their choice in the City of Chula Vista
provided it does not already receive any form of rental assistance. The
assistance is conditioned upon eligibility, issuance of a voucher, Housing
Quality Standards Inspection, the execution of a Lease Addendum between
the landlord/owner and the Eligible Household, and a Housing Assistance
Payment contract between the landlord/owner and the City of Chula Vista.
7. The Subrecipient will transmit to the City a Monthly Payment Authorization
form (Attachment F), authorizing payment for all Eligible Households.
Households that are subsequently determined to be ineligible or who have
served notice they have vacated must be removed from the next monthly
submittal. Subrecipient must notify the City within 10 days in the event that
a tenant moves out of a HPRP assisted unit.
8. The Subrecipient will apply its stated method of continued program
participation, including annual income certification and unit inspections, as
documented in their HPRP Administrative Plan. If Income exceeds 50% of
Area Median Income at recertification, assistance must be terminated.
9. Assisted units may be publicly or privately owned; however, units covered
under aproject-based rental assistance agreement, Public Housing Authority
units, or any unit receive a federal subsidy including are not eligible.
10. The City must perform initial and annual on-site inspections of rental housing
occupied by tenants receiving HPRP assistance to determine compliance
with property standards. The City will be required to inspect units at initial
HUD HPRP Agreement
6-2i3ttachment A -Scope of Services and Budget
occupancy and certify that the unit meets minimum HUD Housing Quality
Standards (HQS). The City's Housing Assistance Payments (HAP) will not begin
until the unit has passed a HQS inspection and the unit has been approved
by the City of Chula Vista. Inspections are only required for HPRP
participants moving from one unit to another. If families are to remain in
place using HPRP assistance, a HQS inspection is not required, but may be
conducted upon recommendation or if the HPRP participant files a formal
request for a special HQS inspection.
1 1. The Subrecipient shall execute a Housing Assistance Payment contract with
the landlord. In addition, the Subrecipient shall obtain a copy of the signed
lease agreement and Lease Addendum executed between the landlord
and the tenant.
12. The Subrecipient shall maintain a waiting list of families and a written tenant
selection policies and criteria that provide housing to low and very low-
income families that is consistent with the City's Consolidated Plan. During
the term of the contract, the preferences established by the Subrecipient
must be consistent with the purpose of providing assistance to very low and
low-income families. The waiting list shall be used to fill openings based on
their priority status and chronological place on the waiting list. Subrecipient
shall verify that persons accessing City of Chula Vista HPRP program are
Chula Vista residents.
13.Subrecipient shall track the all applicants and participants of the HPRP
program and the referral source.
14.Subrecipient shall provide applicants or participants with written notices
establishing eligibility or denial of the HPRP Program.
15. The term of the lease between the tenant and the owner must be at least
for three months, unless both mutually agree in writing. The subsidy payments
to the landlord under the HPRP program shall not exceed 12 months from the
date of occupancy unless the HPRP assistance covers arrear payments. In
no event exceed the actual period of assistance exceed 12 months. The
tenant shall be solely responsible for any damages caused by breaching the
lease that exceed the security deposit.
1 b. Rental assistance calculations must be prorated during the initial month.
Leases should begin on the first day actual tenant occupancy. The City shall
not be held responsible for paying the rent if the resident chooses to move
into the unit prior to City approval.
HUD HPRP Agreement
6-26ttachment A -Scope of Services and Budget
17. Certain lease provisions are prohibited under the Regulations. These
provisions are contained in the Lease Addendum which shall be executed by
the landlord and tenant.
18. The amount of rental, utility, utility deposit, and security deposit assistance
paid on behalf of an eligible HPRP household shall be applied consistently
with a methodology approved by the City of Chula Vista. This methodology
shall be described in South Bay Community Services' HPRP administrative
plan.
19.Applicants whose subsidy calculations are less than $100.00 per month are
not eligible to receive HPRP funds.
20. Applicant's and Participant's minimum rent is $100.00.
21. Subrecipient will develop and provide each participant with a Tenant
Handbook outlining the participant's responsibilities.
22.Issues not covered in this agreement are to be handled in accordance with
HUD 24 CFR Part 92, HOME Investment Partnerships Program Final Rule,
Community Planning and Development Notice 96-07 (CPD Notice 96-07),
and HUD's Technical Guide for Determining Income and Allowances for the
HOME Program.
23.Subrecipient shall develop a formal process that recognizes the rights of
individuals receiving assistance to due process. This process, at a minimum,
must consist of:
(a) A written notice to the program participant containing a clear statement
of the reasons for termination;
(b) A review of the decision, in which the program participant is given the
opportunity to present written or oral objections before a person other
than the person (or a subordinate of that person) who made or
approved the termination decision; and
(c) Prompt written notice of the final decision to the program participant.
Performance Measurements: City expects all HPRP participants to achieve
permanent housing once the HPRP program is completed.
A. TIME SCHEDULE: Subrecipient will make all good faith and reasonable
HUD HPRP Agreement
6-21~ttachment A-Scope of Services and Budget
efforts to implement the project in compliance with HPRP
requiremements. Subrecipient shall implement the project on October 1-
2009.
B. ESTIMATED BUDGET: Subrecipient shall make all good faith and
reasonable efforts to complete the work under this Contract within the
following estimated budget, as detailed in attachment "A." In no case
shall subrecipient be entitled to, nor shall CITY reimburse Subrecipient, for
more than 754 700 for work or services performed under this Contract.
Subrecipient must expend 60 percent of the HPRP grant funds within iwo-
years of the date the funds become available to the City of Chula Vista
by the Department of Housing and Urban Development and 100 percent
of the funds within three years of this date. Budget revisions that exceed
10% of the approved line item budget must be approved by the Housing
Manager.
^ Tenant Based Rental Assistance
^ Security Deposit Assistance (limited to $1,000 perfamily)
• Utility Allowance Assistance
• Case Management
HPRP Estimated Budget Summary
Homelessness
Prevention Rapid Re-
housing Total Amount
Budgeted
Financial Assistance' $478,325 $75,000 $553,325
Housing Relocation and
Stabilization Services2 $159,441 $25,000 $184,441
Subtotal
(total of previous two rows) $637,766.00 $100,000 $737,766
Administration (2`70 of Grant) 0 0 $16,934
Total Amount Budgeted $637,766.00 $100,000 $754,700
Financial assistance includes the following activities as detailed in the HPRP Notice:
short-term rental assistance, medium-term rental assistance, security deposits, utility
deposits, and utility payments,
zHousing relocation and stabilization services include the following activities as detailed
in the HPRP Notice: case management, outreach, housing search and placement,
legal services, mediation, and credit repair.
HUD HPRP Agreement
6-28ttachment A-Scope of Services and Budget
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HUD HPRP Agreement
Attachment A -Scope of Services and Budget
. HOMELESSNESS PREVENTION PROGRAM,-, PERSONN~L;~~COST.
~. "~~ ~.. ,HPRP PROPOS~D'BUDGE~'.;~ .~'...'. ~ ~ k . _ ... ,.
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individualized housing
& service plan,
outreach 8 participant
Case management,
individualized housing
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outreach & participant
services. Supervision of
Comm Dev staff and liasion
Assoc/Program between partners &
Director 25% SBCS SBCS. 29,780 29,780
Contract
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Assoc 11%
Project
Coordi
Data collection, data
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compliance, contract
admin,
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reporting and fiscal
Subtotal Staff Costs
- ~ $ 129
12,701
1 ~ $ 142,141
HUD HPRP Agreement
Attachment A -Scope of Services and Budget
rn
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HUD HPRP Agreement
Attachment A -Scope of Services and Budget
RAP~D.~R~='HOUSING PROGRAM - PERS4NN~L COST.., .
MP~P PROf~O$EP~BUDG~'f~ "°`~.~ `"~ ~e ~'< ~~ ~,;~. ~+..,~~:~.:
Comm Dev
Assoc 1
rn
I
w Comm Dev
N
Assoc/Program
Director
Contract
Compliance
Assoc
Project
Case management,
individualized housing &
service plan, outreach
SBCS & participant services - 9,765 9
Case management,
individualized housing &
service plan, outreach
& participant services.
Supervision of staff and
liasion between partnes
SBCS
Data collection, data
entry, HMIS and reports
Planning, regulatory
compliance, contract
admin, accomplihment
reporting and fiscal
Subtotal Staff Costs I $ _ I $ t 5 000 ~ $ - ~ S 4,234 ~ $ 1
HUD HF'Kf AgreemenT
Attachment A -Scope of Services and Budget
ATTACHMENT B
INSURANCE REQUIREMENTS
Subrecipient must procure insurance against claims for injuries to persons or damages to
property that may arise from or in connection with the performance of the work under the
contract and the results of that work by the Subrecipient ,his agents, representatives,
employees or subcontractors and provide documentation of same prior to
commencement or work. The insurance must be maintained for the duration of the
contract.
V. Minimum Scooe of Insurance
Coverage must be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence
Form CG0001)
2. Insurance Services Office Form Number CA 0001 covering Automobile Liability,
codel (any auto).
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
VI. Minimum Limits of Insurance
Subrecipient must maintain limits no less than:
1. General Liability:
(Including operations,
products and completed
operations, as
applicable.)
2. Automobile Liability:
$1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General
Liability insurance with a general aggregate limit is used,
either the general aggregate limit must apply separately
to this project/location or the general aggregate limit
must be twice the required occurrence limit.
$1,000,000 per accident for bodily injury and property
damage.
3. Workers' Statutory
Compensation $1,000,000 each accident
Employer's Liability: $1,000,000 disease-policy limit
$1,000,000 disease-each employee
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City.
At the option of the City, either the insurer will reduce or eliminate such deductibles or self-
insured retentions as they pertain to the City, its officers, officials, employees and
volunteers; or the Subrecipient will provide a financial guarantee satisfactory to the City
HUD HPRP Agreement
6-33 Attachment "B" -Insurance Requirement
guaranteeing payment of losses and related investigations, claim administration, and
defense expenses.
Other Insurance Provisions
The general liability, automobile liability, and where appropriate, the worker's
compensation policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Chula Vista, its officers, officials, employees, agents, and
volunteers are to be named as additional insureds with respect to liability
arising out of automobiles owned, leased, hired or borrowed by or on behalf
of the Subrecipient ,where applicable, and, with respect to liability arising out
of work or operations performed by or on behalf of the Subrecipient including
providing materials, parts or equipment furnished in connection with such
work or operations. The general liability additional insured coverage must be
provided in the form of an endorsement to the Subrecipient 's insurance using
ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not
exclude Products /Completed Operations coverage.
2. The Subrecipient 's insurance coverage must be primary insurance as it
pertains to the City, its officers, officials, employees, agents, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials,
employees, or volunteers is wholly separate from the insurance of the
Subrecipient and in no way relieves the Subrecipient from its responsibility to
provide insurance.
3. Each insurance policy required by this clause must be endorsed to state that
coverage will not be canceled by either party, except offer thirty (30) days'
prior written notice to the City by certified mail, return receipt requested.
4. Coverage shall not extend to any indemnity coverage for the active
negligence of the additional insured in any case where an agreement to
indemnify the additional insured would be invalid under Subdivision (b) of
Section 2782 of the Civil Code.
5. Subrecipient 's insurer will provide a Waiver of Subrogation in favor of the City
for each required policy providing coverage during the life of this contract.
Acceptability of Insurers
Insurance is to be placed with licensed insurers admitted to transact business in the State
of California with a current A.M. Bests rating of no less than A V. If insurance is placed with
a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus
Lines Insurers (LESLI) with a current A.M. Best's rating of no less than A X. Exception may be
made for the State Compensation Fund when not specifically rated.
Verification of Coverage
Subrecipient shall furnish the City with on final certificates and amenda Ho D HPRP Agreement
6-34 Attachment "B -Insurance Requirements
effecting coverage required by this clause. The endorsements should be on insurance
industry forms, provided those endorsements conform to the contract requirements.
All certificates and endorsements are to be received and approved by the City before
work commences. The City reserves the right to require, at any time, complete, certified
copies of all required insurance policies, including endorsements evidencing the
coverage required by these specifications.
Sub Contractors
Subrecipient must include all subcontractors as insureds under its policies or furnish
separate certificates and endorsements for each subcontractor. All coverage for
subcontractors are subject to all of the requirements included in these specifications.
HUD HPRP Agreement
6-35 Attachment "B -Insurance Requirements
ATTACHMENT C
HUD INCOME LIMITS 2009-CITY OF CHULA VISTA
Extremely
Lotir Income Very
Low Income
F~m;t~ 30% 35% 40% ~0%
sue Income Income Income Income
or-~ $17,350 $20,250 $23,.150 $28,900
rwo $19,850 X23,100 $26.450 $33,050
ZT~EE $22,300 $26,000 $29,750 $37,1.50
Foux $24,800 $28,900 $33,050 $41,300
FIVE $2b,800 $31.200 $35.700 $44,600
sIx $28,750 $33,500 $38,350 $47,900
sE~~Iv' $30.750 $35,850 $41,000 $51,200
EIGHT $32,750 $38,150 $43,650 $54,500
huu hrrcr r~yieaiiiciii
6-36 Attachment "C" -HUD Income Limits
ATTACHMENT D
CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT
Statement of disclosure of certain ownership interests, payments, or campaign contributions, on
all matters which will require discretionary action on the part of the City Council, Planning
Commission, and all other official bodies.
The following formation must be disclosed.
1. List the names of all persons having a financial interest in the contract, i.e. contractor,
subcontractor, material supplier.
2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of
all individuals owning more than 10% of the shares in the corporation or owning any
partnership interest in the partnership.
3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the
names of any person serving as director of the non-profit organization or as trustee or
beneficiary or trustor of the trust.
4. Have you had more than $250 worth of business transacted with any member of the City staff,
Boards, Commissions, Committees and Council within the past twelve months?
YES_ NO / If YES, please indicate person(s):
5. Please identify each and every person, including any agents, employees, consultants or
independent contractors who you have assigned to represent you before the City in this
matter.
6. Have you and/or your officers or agents, in the aggregate, contributed more tha $1,000 to a
Councilmember in the current or preceding election period? YES_ NO~
If yes, state
which Councilmember(s):
Person is defined as: 'Any individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city
and country, city, municipality, district or other political subdivision, or any other group or
combination acting as a unit."
(NOTE: Attach additional pages as necessary)
Dated this~_, day of
~C'~>Y~cz ,, , 1-~--~
Print or type name of contractc
HUD HPRP Agreement
Attachment "D" -Disclosure Form
6-37
CITY COUNCIL
AGENDA STATEMENT
,_... '''' );
~(ft- CITY OF
~ (HULA VISTA
Item No.: 7
Meeting Date: 9/15/09
ITEM TITLE:
A. Ai"T ORDINANCE OF THE CITY OF CHULA VISTA
ADDING CHAPTER 15.12, GREEN BUILDING
STANDARDS, TO THE CHULA VISTA MUNICIPAL
CODE.
SUBMITTED BY:
REVIEWED BY:
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ADOPTING THE CHULA VISTA
GREEN ~Y8-DING STANDARDS
Deputy City Manag~evelopment Services Director
City Managefr
4/5THS VOTE: YES D NO [KJ
SUMlVIARY
On July 10,2008, COlmcil approved Resolution No. 2008-177 in which COlmcil adopted the
Implementation Plans for the Climate Change Working Group (CCWG) measures. Measure # 4,
Green Building Standards, consists of several components, one of which is the early adoption of
the State Housing and Community Development's (BCD) standards that are in the California
Green Building Standards Code (CGBSC). The proposed ordinance adopts HCD's green
building standards and requires them on all residential and non-residential construction.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed ordinance CVMC, Chapter
15.12, Green Building Standards for compliance with the California Environmental Quality Act
(CEQA) and has determined that there is no possibility that the activity may have significant
effect on the environment; therefore, pursuant to Section l506l(b)(3) (General Rule) of the state
CEQA Guidelines the activity is not subject to CEQA. Although environmental review is not
necessary at this time, additional environmental review will be required if applicable, prior to the
approval of any future project specific development entitlements including, but not limited to,
site development plans, building permits, land development permits, and conditional use permits.
RECOM:MENDA TION
That the City Council place the ordinance on first reading and adopt the resolution.
7-1
Hem No.: 7
Meeting Date: 9/15/09
Pagelof4
BOARDS/COMMISSION RECOMMENDATION
The Board of Appeals and Advisors at their Monday, August 10, 2009 meeting, unanimously
recommended the adoption of the proposed ordinance and resolution.
DISCUSSION
On April 1,2008, City Council adopted the Climate Change Working Group's (CCWG) seven
recommendations and directed staff to return to Council with detailed implementation plans. On
July 10, 2008, Council approved Resolution No. 2008-177 in which Council adopted the
implementation plans for the Climate Change Working Group (CCWG) measures and approved
partial implementation of the measures based on funding levels. Measure # 4, Green Building
Standards, consists of several components, one of which is the early adoption of the State
Housing and Community Development's (HCD) standards that are in the California Green
Building Standards Code (CGBSC). The proposed ordinance adopts HCD's green building
standards and requires them on all residential and non-residential construction.
California Building Standards Code
The California Building Standards Commission (BSC) and the Department of Housing and
Community Development (HCD) developed and adopted a California Green Building Standards
Code (CGBSC). The CGBSC is gleaned from nationally recognized green building programs
and is based on an open public adoption process. CGBSC measures fall into two categories, I)
BSC measures that apply to nonresidential construction, and 2) HCD measures that apply to
residential construction. Currently, BSC and HCD measures are voluntary guidelines, however,
HCD's measures will become mandatory by State Law on January I, 2011, and will be
incorporated into the California building codes. HCD's indoor water efficiency and conservation
measures will become mandatory on July 1,2011.
Benefits of Green Building
Green building is a whole system approach to the design, construction and operation of buildings
that employs materials and methods that promote natural resource conservation, energy
efficiency and good indoor air quality. Paint, adhesives, carpets, and wood, among other
building materials, generally contain a wide array of chemical pollutants. These toxic substances
continue to be released into the indoor and outdoor atmosphere long after construction has been
completed. They can contaminate the air and water, and some substances remain in the
environment for many years. Green buildings contain low-emitting materials and therefore, they
pose less of a risk to the building's occupants and the natural environment. Significant health
benefits can be gained like increased productivity and reduced absenteeism due to illness.
Furthermore, reducing the need for water reduces stress on the local water infrastructure and
results in energy and carbon savings from the reduced amount of water that needs to be
transported and distributed. This will also reduce the generation of wastewater reducing the need
for sewer infrastructure expansion.
Proposed Standards
The Chula Vista Green Building Standards (CVGBS), Exhibit "A" to the proposed City Council
resolution, lists the City's proposed green building standards. As proposed, the standards will
apply to all new residential and nomesidential construction, remodels, additions, alterations, and
tenant improvements. Some of the standards such as site development, construction waste
7-2
Item No.: 7
Meeting Date: 9/15/09
-
Page 3 of3
reduction and outdoor water use are existing requirements in the City's Municipal Code. They
are included as a reference to existing City standards that contribute to green building,
sustainability and water conservation.
Products that comply with the proposed standards are currently available in the market and can
be found in local building material/home improvement stores or can be ordered online.
Incremental Cost
Staff is not aware of any formal analysis on the upfront cost of implementing HCD's green
building standards. However, based on discussions with HCD staff and energy consultants,
incorporating HCD's green building features into a new residence will add about $0.40 to $0.80
per square foot to the construction cost. This equates to 0.3% to 0.7% of the construction cost of
a new residence assuming a $120 per square foot building construction cost. This upfront cost
should decrease as green building resources become more available in the market and the
construction industry becomes more accustomed to green building practices.
The 20% reduction in indoor water consmnption should lower the monthly water bill by about
10% assmning that 50% of the total water consumption is indoor water. This should also lower
the sewer bill due to the reduction in wastewater.
Training and Outreach
Staff is being trained on the CVGBS and is developing informational handouts and guides that
will be made available to the public. In addition, staff contacted the major home improvement
stores such as Home Depot, Lowe's and Dixieline and inJormed them of our proposed ordinance
and standards so that they are prepared.
DECISION MAKER CONFLICT
Staff has determined that the recommendations requiring Council action are not site specific and
consequently the 500 foot rule found in California Code of Regulations Section 18704.2(a)(l) is
not applicable to this decision.
CURRENT YEAR FISCAL IMP ACT
Building permit fees will need to be adjusted to recover the cost of the additional staff time
associated with plan review and inspection. The additional staff time will be accounted for in a
comprehensive building permit fee study which staff anticipates tlnalizing and presenting to
Council in December 2009. Staff estimates an additional hour of staff time to review and inspect
a typical 2,500 square foot house. The additional staff time will vary based on the type and size
of buildings.
ONGOING FISCAL IMPACT
No ongoing fiscal impact. The additional building permit review and inspection time associated
with implementing this ordinance will be funded through updated building permit fees.
ATTACHMENTS
1. Board of Appeals and Advisors August 10, 2009 Meeting Minutes.
7-3
[ID~~u
Attachment 1
MINUTES OF A REGULAR MEETING
BOARD OF APPEALS AND ADVISORS
CITY OF CHULA VISTA, CALIFORNIA
August 10,2009
Conference Room #137
276 Fourth Ave. Chula Vista, CA 91910
5:15 PM
MEMBERS PRESENT:. Chairman Buddingh, Flach, Sides, Buencamino-Andrew and Lopez
MEMBERS ABSENT: None
CITY STAFF PRESENT: Lou EI- Khazen, Building Official; Rosemarie Rice, Secretary
OTHERS PRESENT: None
CALL MEETING TO ORDER: Chairman Buddingh called meeting to order at 5:15 PM.
ROLL CALL: Members present constituted a quorum.
1. APPROVAL OF MINUTES: December 13th, and December 15, 2008
MSC (Flach/Buencamino-Andrews) (5-0-) Approve the minutes of December 13, 2008. Motion
carried.
MSC (Flach/Buencamino-Andrews) (5-0) Approve the minutes of December 15, 2008. Motion
carried.
3. NEW BUSINESS:
A. ELECTION OF NEW CHAIR AND VICE CHAIR FOR FYE 09/10
MSC (Lopez/Sides) (4-0-1-0) Eiect Jan Buddingh to Chair.
MSC (Lopez/Sides) (4-0-1-0) Elect Rita Buencamino-Andrews to Vice Chair
B. Review of ordinance of the City of Chula Vista adding Chapter 15 12, Green Building Standards,
to the Chula Vista Municipal Code.
4. MEMBERS COMMENTS/CHAIRMAN'S COMMENTS/REPORTS: None
Chair Buddingh addressed the fact that there were only 5 members on the committee and asked the
members to keep in mind anyone (with a building construction background) who they felt would be a
good candidate for the BAA.
5. BUILDING OFFICIAL'S COMMENTS/REPORTS:
Building Official, Lou EI-Khazen, gave a brief overview of the new ordinance that will adopt Green
Building Standards. Those standards will be applied citywide to all residential and non-residential
construction. Mr. Ei-Khazen said he would be presenting this to Council on September 2009 so that it
will go into effect October 2009.
Chair Buddingh noted that many of the larger builders are already implementing some of these
measures. Me. EI-Khazen concurred, he stated the building industry is currently focused on green
products, and many of the home improvement stores are beginning to carry the "Green" building
materials. Chair Buddingh pointed out a typographical error in Section 15.12.010 Definitions. On the
fourth line down the text began with. "meaning ascribed to in" he thought it should read: meaning
ascribed to it, since "it" was referring 70.-~ term on the line above. Also on Exhibit "A" of the Chula
Board of Appeals & Advisors
Meeting Minutes
August 10, 2009
Vista Green Building Standards, page 7 of 8, item 3c. Carpet adhesive. All carpet adhesives shall
meet the requirements of Table1. It should be Table 3. Mr. EI-Khazen thanked Chair Buddingh for
bringing this up and would make the necessary corrections before it goes to council.
Member Sides discussed the compliance verification aspect and wanted to know how the city would
enforce this provision, especially when it came to materials such as paint. He noted it wasn't currently
part of the inspector's protocol to inspect paint. In this instance, he believed it would be easy for
someone to fake using a low VOC material. Mr. EI-Khazen stated it would be a challenge until the
public is educated on this and sees the benefit of using these products. There will be some flexibility
in the beginning to allow the owner to get the right product. The inspectors will be notifying the
contractors at the start of the project that these kinds of materials must be used in order for final
inspection to be issued. For now, staff will be relying on the specifications provided in the building
plans and holding the builders accountable to that. Mr. EI-Khazen noted as part of implementation of
this new ordinance there would be additional training for building inspectors, plan examiners and
more public outreach in order to enlighten the public concerning the products and criteria.
Member Buencamino-Andrews asked if any public hearings had been held for the businesses, being
impacted by this new ordinance, and what the reaction was? Mr. EI-Khazen said there had been
several hearings and talks for the past 18 months with no adverse reactions. The BIA was also
informed that the Boards of Appeals and Advisors would be meeting and recommending this today
Member Lopez asked how this ordinance would apply to large alterations specifically ones that have
multi level floors. Mr. EI-Khazen replied that the standards would apply only to the scope of work of
the a Iterations.
Member Sides also commented about the water table and noted that there was no mention of
irrigation usage. Mr. EI-Khazen stated that it was addressed on page 4 of the standards listed as # 2
Outdoor Water Use.
Member Flach and Mr. EI-Khazen discussed the usage of recycled water within the city. Mr. EI-
Khazen noted that recycled water is used in landscaped common areas in many areas of the city, ..
particularly those in the Otay Water district. Currently there is no recycled water used in residential
areas.
MSC (Buddingh!Flach) (5-0) Recommend to City Council adoption of Chapter 15.12, Green Building
Standards, of the City of Chula Vista Municipal Code and the resolution.
Building Official El-Khazen also commented about:
. Increased Energy Efficiency Ordinance will be presented to BAA in September
. Fee Study to be presented to Council in December
6 COMMUNICATIONS (PUBLIC REMARKS! WRITTEN CORRESPONDENCE): None
7. ADJOURNMENT:
Chair Buddingh adjourned the meeting at 6:15 p.m. to a regular meeting on September 14, 2009 at
5:15 p.m. in Planning and Building Conference Room #137
MINUTES TAKEN BY'
ROSEMARIE RICE, SECRETARY
DEVELOPMENT SERVICES DEPARTMENT - BUILDING DIVISION
7-5
ORDrNAt'\fCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA ADDrNG
CHAPTER 15.12, GREEN BUILDING STANDARDS, TO THE
CHULA VISTA MUNICIPAL CODE
The City Council of the City ofChula Vista does ordain as follows:
SECTION I. Findings. The City Council finds as follows:
I. The City of Chula Vista has a long standing commitment to leadership in green building
standards, sustainable design and construction practices, water and other resource
conservation and the reduction of greenhouse gas emissions. The City has committed to
reducing its citywide greenhouse gas (GHG) emissions to 20% below 1990 levels by
2010.
2. GHG reduction has been mandated by Governor Schwarzenegger through executive
orders and in his signing into law AB 32 in 2006. AB 32 requires a reduction of GHG
emissions to 1990 levels by 2020.
3. A 2005 Greenhouse Gas Emissions inventory indicated that Chula Vista's annual
citywide greenhouse gas levels had increased by 35% since 1990 due primarily to
residential growth.
4. According to studies published by the United States Green Building Council, the
construction, demolition and operation of buildings in the United States collectively
consume up to 39% of the total energy used, 12% of all fresh water supply, and 40% of
all raw materials used in the United States. Buildings also generate 39% of total emission
of greenhouse gases.
5. The California Building Standards Comrnission (CBSC) and the Department of Housing
and Community Development (HCD) developed and approved a California Green
Building Standards Code (CGBSC) gleaned from nationally recognized programs and
based on an open public adoption process.
6. Green building design, construction, and operation can have a significant positive effect
on resource conservation, energy eftlciency, waste and pollution generation, and the
health and productivity of a building's occupants over the life of the building. Requiring
commercial and residential projects to incorporate green building measures is necessary
and appropriate to achieve the public health and welfare benefits of green building.
7. Moditlcations to the California Building Standards, as detailed in this Ordinance, are
reasonably necessary due to local climatic conditions. As a result of high summer
ambient temperatures and periods of heat waves, average load demand and peak load
demand of energy used in Chula Vista is an important factor concerning public safety and
adverse economic impacts of power outages or power reductions. Reduction of total and
peak energy use will have local and regional benefits in the reduction of energy costs for
7-6
Ordinance No.
Page 2
the building owner, additional available system energy capacity, and a reduction m
greenhouse gas emissions.
SECTION II. That Chapter 15.12 is added to the Chula Vista Municipal Code and reads as
follows:
Sections:
Section 15.12.00 I
Section 15.12.005
Section 15.12.010
Section 15.12.015
Section 15.12.020
Section 15.12.025
Section 15.12.030
Section 15.12.035
Section 15.12.040
Chapter 15.12
Green Building Standards
Purpose
Scope
Definitions
Conflicting Provisions
Administration
Alternate Materials, Methods of Design and Methods of Construction
Green Building Standards
Administrative Procedures
Appeal
Section 15.12.001 Purpose
The purpose of this Chapter is to enhance the public health and welfare by promoting the
environmental and economic health of the City through the design, construction, maintenance,
operation and deconstruction of buildings and other site development by incorporating green
building practices into all development. The green building provisions referred to in this Chapter
are designed to achieve the following goals:
A. Increase energy efficiency in buildings;
B. Encourage water and resource conservation;
C. Reduce waste generated by construction projects;
D. Provide durable buildings that are efficient and economical to own and operate;
E. Promote the health and productivity of residents, workers, and visitors to the city.
Section 15.12.005 Scope
The provisions of this Chapter shall apply to all new residential construction, remodels,
additions, and alterations, and to all new nonresidential construction, remodels, additions, and
tenant improvements for which a building permit has been applied for on or after the effective
date ofthis Chapter ("Covered Projects").
Section 15.12.010 Definitions
For the purposes of this Chapter, the following words have the meanings shown in this
section. Where a term is not defined in this section, but is defined in Chapter 15.06, or the
technical codes Chapters 15.08, 15.10, 15.16, 15.24, 15.26, and 15.28, such term shall have the
meaning ascribed to it in Chapter 15.06, or the technical codes Chapters 15.08, 15.10, 15.16,
15.24, 15.26, and 15.28. Where terms are not defined, they shall have their ordinarily accepted
meanings within the context with which they are used. Words used in the singular include the
7-7
Ordinance No.
Page 3
plural, and the plural the singular. Words used in the masculine gender include the feminine, and
the feminine include the masculine.
"Building Official" means the officer or other designated authority charged with the
administration and enforcement of this chapter, or duly authorized representative.
"Chula Vista Green Building Standards" means the green building measures that have
been adopted by City Council, and which may be amended from time to time.
"Green Building" means a holistic approach to design, construction, and demolition that
minimizes the building's impact on the environment, the occupants, and the community.
Section 15.12.015 Conflicting Provisions
When conflicts occur between this Chapter and other chapters, codes or laws, those
provisions providing the greater safety to life shall govern. In other conflicts where sanitation,
life safety or fire safety are not involved, the most restrictive provisions shall govern. If there is a
conflict with a state or federal law, the higher authority would prevail; if the laws are consistent
but the local is more restrictive, the more restrictive would govern.
When there is a conflict between a general requirement and a specific requirement, the
specific requirement shall apply.
Section 15.12.020 Administration
The Building Official is authorized and directed to enforce all the provisIOns of this
chapter and to adopt and enforce rules and regulations supplemental to this chapter as may be
deemed necessary to clarify the application of the provisions of this chapter. Such
interpretations, rules and regulations shall be in conformity with the intent and purpose of this
chapter.
Section 15.12.025 Alternate Materials, Methods of Design and Methods of Construction
The provisions of this chapter are not intended to prevent the use of any material, method
of design or method of construction not specifically prescribed by this chapter, provided an
alternate has been approved and its use authorized by the Building Official.
The Building Official may approve an alternate, provided the Building Official finds that
the proposed design is satisfactory and complies with the provisions of this chapter and that the
material, method or work offered is, for the purpose intended, at least the equivalent of that
prescribed in this chapter.
The Building Official may require documentation necessary to make findings for
approval. The details of an action granting approval of an alternate shall be recorded and entered
in the files of the Building Division.
7-8
Ordinance No.
Page 4
Section 15.12.030 Green Building Standards
Buildings and building sites covered under Section 15.12.005 shall be designed to include
Green Building measures, which have been adopted by City Council resolution as the "Chula
Vista Green Building Standards," and which may be amended from time to time.
Section 15.12.035
Administrative Procedures
A. Submittal of Documents. As part of the application for a building permit, construction
plans and specifications shall indicate in the general notes or individual detail drawings
the Green Building Standards and product specifications and methods of construction
that are required by this Chapter.
The Building Official may require the applicant to retain the services of a consultant
having expertise in Green Building and/or energy efficiency techniques to review and
evaluate complex systems and/or alternate methods or materials of construction and
provide recommendations as to compliance with the requirements of this Chapter. The
cost of such consultant shall be paid by the applicant.
B. Approval of Permit Application. Notwithstanding any other provision of this code, no
building permit shall be issued for any covered project until the Building Official has
determined that the plans and specifications submitted for the building permit are in
compliance with the requirements of this Chapter.
C. Compliance Verification. The Building Official shall verify that the Green Building
measures and specifications indicated on the permitted plans and construction
documents are being implemented at foundation, framing, electrical, plumbing,
mechanical, and any other required inspections, and prior to issuance of a final
certificate of occupancy. Additional inspections may be conducted as needed to ensure
compliance with this chapter. During the course of construction and following
completion of the project, the city may require the applicant to provide information and
documents showing use of products, equipment, and materials specified on the permitted
plans and documents.
If, at any stage of construction, the Building Official determines that the project is not
being constructed in accordance with the permitted plans and documents, a Stop Order
may be issued pursuant to CVMC Section 15.06.060.D. At the discretion of the Building
Official, the stop work order may apply to the portion of the project impacted by
noncompliance or to the entire project. The stop work order shall remain in effect until
the Building Official determines that the project will be brought into compliance with
the permitted plans and documents and this Chapter.
Prior to final building approval or issuance of a certificate of occupancy, the Building
Official shall review the information submitted by the applicant and determine whether
the applicant has constructed the project in accordance with the permitted plans and
documents. If the Building Official determines that the applicant has failed to construct
7-9
Ordinance No.
Page 5
the project in accordance with the permitted plans and documents, then the final building
approval and final certificate of occupancy may be withheld, until the Building Official
determines that the project is in compliance with this Chapter.
Section 15.12.040 Appeal
The Board of Appeals and Advisors as established by Chapter 2.26 is hereby designated
to hear and decide appeals of orders, decisions, or determinations made by the Building Official
relative to the application and interpretation of this Chapter. The Board shall render all decisions
and findings in writing to the Building Official and provide a copy to the appellant. The decision
of the Board is final.
SECTION III. EFFECTIVE DATE.
This ordinance will take effect ang be in force thirty .days after final passage.
Submitted by:
Approved as to form by
Gary Halbert AICP, PE
Deputy City Manager/
Director of Development Services
Q~
~ City Attorney
7-10
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE CHULA VISTA GREEN
BUILDING STANDARDS
WHEREAS, on July 10, 2008, City Council adopted the Implementation Plans for the
Climate Change Working Group Measures; and
WHEREAS, a component of the Implementation Plan for Climate Change Working
Group Measure No.4, Green Building Standards, proposed the early adoption of the State
Housing and Community Development's version of the California Green Building Standards
Code; and
WHEREAS, staff is presenting to Council an ordinance adding Chapter 15.12, Green
Building Standards, to the Municipal Code to require green building measures at tlme of
residential and non-residential construction; and
WHEREAS, staff compiled the applicable green building measures into a document titled
the Chula Vista Green Building Standards (attached as Exhibit "A"); and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
ordinance CVMC, Chapter 15.12, Green Building Standards for compliance with the California
Environmental Quality Act (CEQA) and has determined that there is no possibility that the
activity may have significant effect on the environment; therefore, pursuant to Section
1506l(b)(3) (General Rule) of the state CEQA Guidelines the activity is not subject to CEQA.
Although environmental review is not necessary at this time, additional environmental review
will be required if applicable, prior to the approval of any future project specific development
entitlements including, but not limited to, site development plans, building permits, land
development permits, and conditional use permits.
WHEREAS, the Board of Appeals and Advisors, at their August 10, 2009 meeting,
recommended that Council adopt the Chula Vista Green Building Standards.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista
that it hereby adopts the Chula Vista Green Building Standards, attached as Exhibit "A", as the
green building standards in the City of Chula Vista.
Presented by
Approved as to form by
Gary Halbert, AICP, PE
Deputy City ManagerlDevelopment
Services Director
~Oq)
r.. ^ Bart , l1es e
IV\ City Attorney
H:\BLD HSG\CYGB Ordinances\GB Ordinance\RESOLUTION GBS.doc
- 7-11
Exhibit A
Chula Vista Green Building Standards
Per Chula Vista Municipal Code Chapter 15.12, Green Building Standards, the following green
building measures shall apply to all new residential construction, remodels, additions, and
alterations, and to all new nomesidential construction, remodels, additions, and tenant
improvements.
Definitions
"Building Official" means the officer or other designated authority charged with the
administration and enforcement of this chapter, or duly authorized representative.
"Composite wood products" include hardwood plywood, particleboard, and medium density
fiberboard. Composite wood products does not include hardboard, structural plywood, structural
panels, structural composite lumber, oriented strand board, glued laminated timber as specified
in "Structural Glued Laminated Timber" (ANSI AI90.1-2002) or prefabricated wood I-joists.
"Energy Code" means the California Energy Code, as adopted and amended by the City in
Chapter 15.26 of the Municipal Code.
"Green Building" means a holistic approach to design, construction, and demolition that
minimizes the building's impact on the environment, the occupants, and the community.
"Infiltration" means an uncontrolled inward air leakage from outside a building or unconditioned
space, including leakage through cracks and interstices, around windows and doors and through
any other exterior or demising partition or pipe or duct penetration.
"MERV" means filter minimum efficiency reporting value, based on ASHRAE 52.2-1999.
"Moisture content" means the weight of the water in wood expressed in percentage of the weight
of the oven-dry wood.
"Outdoor Air" (Outside air) means air taken from outdoors and not previously circulated in the
building.
"VOC" means volatile organic compound and is broadly defined as a chemical compound based
on carbon chains or rings with vapor pressures greater than 0.1 millimeters of mercury at room
temperature. These compounds typically contain hydrogen and may contain oxygen, nitrogen
and other elements. See California Code of Regulations (CCR) Title 17, Section 94508(a).
Standards
Buildings and building sites shall be designed to include the following green building measures:
H:\BLD HSG\CVGB OrdinancesIRequirements GBS.doc
- 7-12
Page I of8
A. Storm Water Management and Discharge Control. Projects shall comply 'With the
requirements of Chapter 14.20, Storm Water Management and Discharge Control and the
City of Chula Vista Development Storm Water Manual.
B. Construction Waste Reduction, Disposal and Recycling. Projects shall comply with the
requirements of Municipal Code Section 8.25.095, Construction and Demolition Debris
Recycling.
C. Energy Efficiency. Buildings shall meet the requirements of the Chula Vista Municipal
Code Chapter 15.26, Energy Code.
D. Air Sealing.
I. Join ts and openings. Openings in the building envelope separating conditioned
space from lillconditioned space needed to accommodate gas, plumbing, electrical
lines and other necessary penetrations must be sealed in compliance with the
Energy Code. Armular spaces around pipes, electric cables, conduits, or other
openings in plates at exterior walls shall be protected against the passage of
rodents by closing such openings with cement mortar, concrete masomy or similar
method acceptable to the building official.
2. Other openin gs. Whole house exhaust fans shall have insulated louvers or covers
which close when the fan is off. Covers or louvers shall have a minimum
insulation value ofR-4.2.
E. Water Use
I. Indoor Water Use
a. 20% Savings. A schedule of plumbing fixtures and fixture fittings that will
reduce the overall use of potable water 'Within the building by 20% shall be
provided. The reduction shall be based on the maximum allowable water use
per plumbing fixture and fittings as required by the California Building
Standards Code. The 20% reduction in potable water use shall be demonstrated
by one of the following methods.
1. Each plumbing fixture and fitting shall meet the 20% reduced flow rate
specified in Table 2, or
11. A calculation demonstrating a 20% reduction in the building "water use
baseline" as established in Table I shall be provided. For low-rise
residential occupancies, the calculation shall be limited to the following
plumbing fixture and fitting types: water closets, urinals, lavatory faucets
and showerheads.
b. Multiple showerheads serving one shower.' When 'Single shower fixtures are
served by more than one showerhead, the combined flow rate of all the
showerheads shall not exceed the maximum flow rates specified in the 20%
7-13
Page 2 of 8
reduction column contained in Table 2 or the shower shall be designed to only
allow one showerhead to be in operation at a time.
TABLE 1
WATER USE BASELINE
Fixture Type Flow-rate" Duration Daily uses Occunants j,'
Showerheads 2.5 gpm (ciJ 80 psi 8 min. I X
Showerheads 2.5 gpm @ 80 psi 8 min. I X
Residential
Lavatory Faucets 2.2 gpm @ 60 psi I 0.25 min. I 3 X
Residential
Kitchen Faucets 2.2 gpm (( 60 nsi 4 min. I X
Replacement Aerators 2.2 gpm (i ~ 60 psi X
Wash Fountains 2.2 [rim space (in.) X
/20 gpm
(ciJ 60 psi]
Meterini! Faucets 0.25 gallons/cycle Y . 0 X
._::Jmm. J
Metering Faucets for .25 [rim space (in.) .25 min. X
Wash /20 gpm
Fountains (ciJ 60 psi]
Gravity tank type 1.6 gallons/flush I flush I male' X
Water Closets 3 female
Flushometer Tank 1.6 gallons/flush I flush I male' X
Water Closets 3 female
Flushometer Valve 1.6 gallons/flush I flush I male' I X
Water Closets 3 female
Electromechanical 1.6 gallons/flush I flush I male' X
Hydraulic Water 3 female
Closets
Urinals 1.0 gallons/flush . 1 flush 2 male X
Fixture "Water Use" = Flow rate x Duration x Occupants x Daily uses
I Except for low-rise residential occupancies, the daily use number shall be increased to three if urinals are not
installed in the room.
2 The Flow-rate is from the CEC Appliance Efficiency Standards, Title 20 California Code of Regulations;
where a conflict occurs, the CEC standards shall apply.
3 For low rise residential occupancies. the number of occupants shall be based on two persons for the flIst
bedroom, plus one additional person for each additional bedroom.
4 For non-residential occupancies, refer to Table A, Chapter 4, 2007 'California Plumbing Code, for occupant
load factors.
Fixture Type
TABLE 2
FIXTURE FLOW RATES
Flow-rate
Showerheads
Lavatory Faucets
2.5 g
2.2 g
7-14
Page 3 of 8
Residential
Kitchen Faucets
Wash Fountains
2.2 gpm 60 si
2.2 [rim space (in.) /20
g m 60 psi]
0.75 gallons/cycle
I 0.25 [rim space (in.) /20
g m 60 psi]
1.6 gallons/flush
Metering Faucets
Metering Faucets for Wash
Fountains
Gravity tank type Water
Closets
Flushometer Tank Water
Closets
Flushometer Valve Water
Closets
Electromechanical
Hydraulic Water Closets
Urinals 1.0 gallons/flush 0.8 gallonslflush
Includes water closets with an effective flush rate of 1.28 gallons or less when tested per ASME AI12.19.2
and ASME AI12.19.14.
1.6 gallons/flush
1.28 gallonslflush
1.6 gallonslflush
1.28 gallons/flush
1.6 gallonslflush -
1.28 gallonslflush
2. Outdoor Water Use
Landscape and la\vTI areas must conform to the City's outdoor water use policies
as detailed in the Chula Vista Landscape Manual, Chula Vista Water Conservation
Plan Guidelines and other applicable municipal water conservation ordinances.
F. Pollutant Control
1. Covering 0 f duct openings and protection of mechanical equipment during
construction. At the time of rough installation, or during storage on the
construction site and until final startup of the heating and cooling equipment, all
duct and other related air distribution component openings shall be covered with
tape, plastic, sheetmetal or other methods acceptable to the building official to
reduce the amount of dust or debris which may collect in the system.
2. Finish material. Finish materials shall comply with the following:
a. Adhesives and sealants. Adhesives used on the project shall meet the
following requirements:
1. Adhesives, adhesive bonding primers, and adhesive primers shall comply
with the following table:
Table 3
Adhesive VOC Limit
Less Water and Less Exem t Com Dunds in Grams er Liter
Architectural Applications
VOC Limit
7-15
Page 4 of 8
Indoor Carpet Adhesives 50
Carpet Pad Adhesives 50
Outdoor Carpet Adhesives I 150
Wood Flooring Adhesive 100
Rubber Floor Adhesives 60
Suhfloor Adhesives 50
Ceramic Tile Adhesives 65
VCT and Asphalt Tile Adhesives 50
Dry Wall and Panel Adhesives 50
Cove Base Adhesives 50
Multipurpose Construction Adhesives 70
Structural Glazing Adhesives 100
Single Ply Roof Memhrane Adhesives 250
ii. Aerosol adhesives shall meet the requirements of California Code of
Regulations, Title 17, commencing with Section 94507.
b. Paints and coatings. A rchitectural paints and coatings shall comply with the
following table:
Table 4
Coating VOC Limits
Grams ofVOC Per Liter of Coating, Less Water and Less Exempt Compounds
Coatinl! Cate!7orv Limit
Bond Breakers 350
Clear Wood Finishes 275
Varnish 275
Sanding Sealers 275
Lacquer 275
Clear Brushing Lacquer 275
Concrete-Curing Compound 100
Dry-Fog Coatings 150
Fire-Proofing Exterior Coatings 350
Flats I 50
Floor Coatings 50
Graphic Arts (Sign) Coatings 500
Industrial Maintenance (1M) Coatings 100
High Temperature 1M Coatings 420
Zinc-Rich 1M Primers 100
JapanslFaux Finish Coatings .350
Magnesite Cement Coatings I 450
Mastic Coatings 300
Metallic Pigmented Coatings 500
7-16
Page 5 of8
Multi-Color Coatings 250
Nonflat Coatings 50
Pigmented Lacquer 275
Pre-Treatment Wash Primers I 420
Primers, Sealers, and Undercoaters 100
Quick-Dry Enamels 50
Quick-Dry Primers, Sealers, and 100
Undercoaters
Recycled Coatings 250
Roof Coatings 50
Roof Coatings, Aluminum 100
Roof Primers, Bituminous 350
Rust Preventative Coatings 100
Shellac
Clear 730
Pigmented 550
Specialty Primers 100
Stains I 100
Interior 250
Swimming Pool Coatings
Repair 340
Other 340
Waterproofing Sealers 100
Waterproofing ConcretelMasonry 100
Sealers
Wood Preservatives
Below-Ground 350
Other 350
Verification of compliance with this section shall be provided at the request of the
building official. Documentation may include, but not limited to, the following:
a. Manufacturers product specification.
b. Field verifi cation of on-site product containers.
3. Carpet systems.
a. All carpet installed in the building interior shall meet the testing and product
requirements of one of the following:
1. Carpet and Rug Institute's Green Label or Green Label Plus Program.
11. CA Dept. of Public Health Standard Practice for the testing ofVOCs
(Specification 01350).
111. Department of General Services, California Gold Sustainable Carpet Standard.
IV. Scientific Certifications Systems Indoor Advantage™ Gold.
7-17
Page 6 of 8
b. Carpet cushion. All carpet cushion installed in the building interior shall meet the
requirements of the Carpet and Rug Institute Green Label program.
c. Carpet adhesive. All carpet adhesive shall meet the requirements of Table 3.
4. Composite wood products. Hardwood, plywood, particleboard, and medium density
fiberboard composite wood products used on the interior or exterior of the building shall
meet the requirements for formaldehyde as specified in Table 5.
Table 5
Formaldehyde Limits
Maximum formaldehyde emissious in parts per million
Phase 1 Phase 2
Product Current I Jan 1,2010 Jan 1,2011 Jan 1,2012 Ju] 1,2012
Limits
Hardwood Plywood 0.08 0.05
Veneer Core
Hardwood Plywood 0.08 0.05
Composite Core
Particle Board 0.18 0.09
Medium Density 0.21 0.11
Fiberboard
Thin Medium Density
Fiberboard (max. 0.21 0.13
thickness of 8 mm)
Documentation. Verification of compliance with this section shall be provided as
requested by the building official. Documentation shall include at least one of the
following.
a. Product certifications and specifications.
b. Chain of custody certifications.
c. Other methods acceptable to the building official.
G. Indoor Moisture Control
1. Moisture content of building materi also Building materials with visible signs of water
damage shall not be installed. Wall and floor framing shall not be enclosed when the
framing members exceed 19% moisture content. Moisture content shall be verified in
compliance with the following.
a. Moisture content shall be determined with either a probe-type or a contact-type
moisture meter.
7-18
Page 7 of 8
b. Moisture readings shall be taken at a point 2 feet to 4 feet from the gradestamped
end of each piece to be verified.
c. At least three random moisture readings shall be performed on wall and floor
framing with documentation acceptable to the building official provided at the time
of approval to enclose the wall and floor framing.
Insulation products which are visibly wet or have a high moisture content shall be
replaced or allowed to dry prior to enclosure in wall or floor cavities. Wet applied
insulation products shall follow the manufacturers drying recommendations prior to
encl 0 sure.
H. Indoor Air Quality and Exhaust
1. Bathroom exhaust fans. Mechanical exhaust fans required in rooms containing a
bathtub, shower, or tub shower combination shall be ENERGY STAR compliant and
shall terminate outside the building.
2. Filters. Heating and air conditioning filters shall be rated at MERV 6 or higher. Duct
system design shall account for pressure drop across the filter.
1. Operation and maintenance manual. At time of final inspection of a new residential or
commercial building, the builder shall place in the building a manual which includes all
of the following:
I. Directions to the owner 0 r occupant that the manual shall remain with the building
throughout the life-cycle of the structure.
2. Operation and mainten ance instructions for the following.
a. Equipment and appliances.
b. Roof and yard drainage, including gutters and downspouts.
c. Air frl ters.
d. Landscape irrigation systems.
3. I nformation from local utility, water and waste recovery providers on methods to
further reduce resource consumption and recycle.
4. Public transportation and/or carpool options availa ble in the area.
5. Educational material on t he positive impacts of an interior relative humidity between
30-60% and what methods an occupant may use to maintain the relative humidity
level in that range.
6. I nformation about water conserving landscape and irrigation design and controllers
which conserve water.
7. I nstructions for maintaining gutters and downspouts and importance of diverting water
at least five feet away from foundation.
8. I nformation on required routine maintenance measures, including but not limited to,
caulking, painting, grading around building, etc. -
7-19
Page 8 of 8
CITY COUNCIL
AGENDA STATEMENT
,''''
~\f(... CITYOF
~ (HULA VISTA
9/15/09, Item3_
ITEM TITLE:
ORDINANCE OF THE CITY OF CHULA VISTA AiVIENDING CHULA
VISTA MUNICIPAL CODE 8.25095 - CONSTRUCTION AND
DEMOLITION DEBRIS RECYCUi~
DIRECTOR OF PUB IC ORKS leY
CITY MANAGER:. ...!Y
IAt'lAGER S r
4/5THS VOTE: YES D NO [g]
SUBMITTED BY:
REVIEWED BY:
SUMMARY
In March 2008, Council adopted the Construction and Demolition Debris Recycling Ordinance,
CVMC 8.25.095. After adoption, there were two modificatIOns made to the ordinance at the
request of general contractors: 1) reduced the amount of the performance deposit required from
3% of the project valuation to 0.75% for construction permits and 1.5% for demolition permits;
and 2) allow for a surety bond in lieu of a cash deposit.
The program has been operating for over a year and is a key program for ensuring that Chula
Vista continues to meet the State mandate of 50% waste diversion and a per capita disposal rate
of 5.3 pounds. Staff and applicants have had time to work with the process and are
recommending modifications to the ordinance that will provide clarity and a more detailed
description of the required Waste Management Report.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed ordinance for compliance
With the California Environmental Quality Act (CEQA) and has determmed that the proposal
qualifies for a Class 8 categorical exemption pursuant to Section 15308 [Actions by Regulatory
Agencies for Protection of the Environment] of the State CEQA Guidelines. Thus, no further
environmental review is necessary.
RECOMMEi\i)ATION
Council adopt the ordinance.
BOARDS/COMMISSION RECOMi\'lENDA TION
Not applicable.
8-1
9/15/09, Item~
Page 2 of 3
DISCUSSION
The Constmction and Demolition Debris (C & D) Recycling Program that was adopted by
Council in March 2008, requires that applicants for constmction and demolition permits meet
specific criteria: 1) have a plan for diverting their debris from disposal, and 2) put up a
Performance Deposit to ensure recycling/diversion of this material. Upon completion of a
project, the applicant submits documentation to the Environmental Services Division verifying
that the waste diversion goals were met and the performance deposit and any accrued interest is
returned to the applicant.
The language in the ordinance has been modified to clarify the purpose and intent of the Waste
Management Report form as follows:
B. Submission of Waste Jl;lanagement Report.
I. Construction and Demolition Waste Jl;lanagement Report Forms.
Applzcants for any covered project shall complete and submit a constrIlction and demolition
waste management report on a Waste lvlanagement Reportform (WlvlR) approved by the City
for this purpose. The W:.1R shd! be sub;nitted for rcvieH and "'f3!3rGva! !HiGr 113 issuance of'"
eGnslrI;stiGn ar dem8!itian permil. The purvose of the WlvlR is to illustrate how the avvlicant
vlems to comvlv with the diversion reQuirements ver CVMC <:>' 8.25.020.06. Uoon oraiect
comoletion, the WMR will illustrate how the aovlicant camolied with the diversion
recluirements. The cGmp!ctcd WMR shall indicate all of the following:
a. The type &f pr8jcet; Part I of the WlvlR shall be submitted for review and
avvroval vrior to issuance of a construction or demolition vermit. The WlvlR
should identifv the tvve of materials exvected to be f!:enerated at the pmiect site
and their antieivated end uses or end markets (recvcle. reuse on-site, salvaf!:e, or
disvose! indicatinf!: how the landfill diversion f!:oals will be met. Part I of the
WMR shall include:
I. The tvoe of vroiect;
II. The total SQuare footar;e of the vroiect:
Ill. The estimated construction and demolition debris bv material tvve
expected to be generated bv the vroiect.
b. The aovlicant The lalal s0'uare faotage 8f :he prGjeel; uvon omiect comoletion,
will submit Part 2 of the WMR and shall indicate all of the following:
i. The tvve of oroiect:
ii. The total seluare footalZe of the oroiect;
iii. The actual volume or weif!:ht of construction and demolition debris
recvcled;
iv. The actual volume or weilZht of construction and demolition debris
reused or salvaf!:ed;
v. The actual volume or weilZht of constrIlction and demolition debris that
was disoosed of in a landfill;
VI. The actual volume or weif!:ht of construction and demolition debris
recvcled at a constrIlction and demolition debris recvclinf!lprocessinf!:
center;
VlZ. The vendors or facilities that the avvlicant used to collect, omcess, or
receive the constmction and demolition debris.
c. T,!,e eslimaled ',a!wne Gr ',,'eighl Gf eanslrueti311 and demG!itiol1 debris, by
male;'ia! type, 113 be gCl1erated;
8-2
9/15/09, Item~
Page 3 of 3
~
d. The l1:ilxin"il'!: '.'3Iul1:e or ;c'eight of eo,~st;'uetion and iel'l13htio:J debris that ',.-i/! be
reC) cled 31' diverted fr3;'!: the landfill;
c. The l'I1il,'cim"n; '.'olu;n::; or ~\'eight of e311stmeti3:I md dcn!ohtisn del3l'is the;t ;'.'il! be
disposd of in il !a;ulfi/!; and
f The '.'ondo;'s orflwi!itics that th::; spplieant P;'0f33SCS to use to c3/!ect, process 31'
Feecz:'e th::; eonst;'r;c;lio;l [wi dcmsliti3n debris.
In estimating the volume or weight of materials identified in the WlvfR, the applicant shall
use the standardized conversion rates established and approved by the City for this purposec
or actual ,veirzht tickets...
.. 3. Amount of Performance Deposit. The applicant for any covered project shall submit
to the City a performance deposit. The amount of the performance deposit shall be calculated
as the lesser of three-quarters of one percent of the total project cost for new construction
and one and one-half percent of the total project cost for demolition projects, or $30,000
maximum. All letters of credit must be issued by a financial institution acceptable to the City
and on a form prescribed by the City and approved by the City Attorney. All bonds shall be
in the form prescribed by the Cily ami by such sureties which are admitted insurers in the
State of California, are subject to regulation by the Departmenl of Insurance, and which
satisfy all State requirements. The City shall not accept a surety bond for less than LlI"!)!
vroiect with a performance deTiOsit calculated al $10,000 or less.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site
specific and consequently the 500 foot mle found in California Code of Regulations section
l8704.2(a)(I) is not applicable to this decision.
':;'
CURRENT YEAR FISCAL IMP ACT
Approval of this amendment to the Constmction and Demolition Debris Recycling Ordinance
represents no current year fiscal impact.
''!''
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact m amending the Constmction and Demolition Debris
Recycling Ordinance.
.
,
ATTACHMENT
I. Waste Management Report Form
~,;~
Prepared by Lynll France, Environmental Services Program lv!anager
.,
\\citywide2000\Shared\PUBLIC WORKS\AGENDA\CAS2009\09-1S-0':J\C&D ordinance modification .doc
'J"i-
;..:;;.
8-3
,',.,; ~",. '0. ,i:...::{~,:,<, ..,"'=.;....~ ':'r,i,,;:^'"
.' .:';:" ';'': ,~, ",",\!.:i-'9"","~::' "r;;;,,~,~,
""ti.~.$V', i:;l"'"
';;V )!~?- -;~}~J':- "
~511/
~
----~
""'~~~
Construction and Demolition Debris ATTACHMENT
Waste Management Report
(WMR)
/
The City of Chula Vista has a Mandatory Recycling Ordinance, Chula Vista Municipal Code (CVMC) 8.25.095. Prior to
SUbfBHtiAg-yeuF-aj3~~(;~kffi-fGf= the issuance of a demolition or COf!s-tfL~l;tim-l buildina permit, you must have completed a
Waste Management Report form and obtained approval from the Environmental Services Division (619-691-5122)
demonstrating how you will F€€YGle divert from the landfill a minimum of 90% of inert waste (rock, dirt, concrete, asphalt, tile, bricks) and a minimum of
50% of the remaining construction and demolition waste generated from your project.
Cln'OF
(HULA VISTA
Please be infonned that all covered construction and demolition projects are required to complete the Waste Management Report form and submit a
Performance Deoosit unless specifically exempted as described in CVMC 8.25.095.
Step 1: Before the Proiect Beains
This is a t\rvo~step process. Complete Part 1 of this form, which identifies the construction and demolition debris that you expect to generate on
the project work site and what you plan to recycle, reuse or salvage, or dispose of at a landfill.
Submit your form to the Environmental Services Division for approval: City of Chula Vista, Environmental Services Division _ WMR
Review, Public Works Facility, 1800 Maxwell Road, Chula Vista, CA 91911 ~OR" via fax: (619) 397.6363. This process may take up to ten
(10) business days. When your WMR has been aooroved it will be returned to YOU so that vou can include a CODV with Your Dermit aDolication.
To ensure that the materials are recycled, a Performance Deposit is required. The Performance Deposit is calculated at 0.75% (three quarters
of one percent) of the project valuation for new construction and 1.5% (one and one~half of a percent) of the project valuation for a demolition
project, or a maximum of 530,000. If your calculated deposit is 550 or less, the deposit will be waived. Your oerformance deoosit will be oaid
when vou oay your Dermit fees or vou may orovide the City with a sure tv bond or letter of credit. Contact Environmental SeNices (619-691~
5122) if yOU would like more details on bonds and fetters of credit.
Steo 2: While the Proiect Proaresses
'. Save all receipts and/or documents from reuse facilities, recycling centers, processing facilities, and landfills where materials were taken.
Complete the Construction and Demolition Debris Recycling Log (Part 2 of this form) as your project progresses. Your Performance Deposit
will be refunded based upon your documentation of the amount of debris you diverted from disposal. Recycling/diversion goals are (at a
minimum) 90% of inert waste and 50% of the remaining waste generated by the project. If you meet these goals, your Performance Deposit
will be refunded in full. Otherwise it will be prorated.
.:;;. "'~~'f ,,!,- ^~~,?;. ,R.':l,~i'h-'-~~"7iS:'
Permit no.lAPN:
Project Name (if applicable):
Applicant Name:
Mailing Address:
Phone:
E~mail Address:
Did you contact the City's franchise waste hauler (Allied Waste Services) for this project? Yes
No
Expected project start date:
Project Location (Address and Cross Street):
Building/Project Type (new construction, demolition, tenant improvement, etc.):
Expected project completion date:
Square footage:
-- _.,--
-~--
~__d
- - -~
,_u~,
-
~-
...~
-
-
,.. ~.-. _..
FOR CITY USE ONLY: WMR Status
Project Cost: $
Performance Deposit Dollar Amount: $
_Approved
_ Approved with exception:
Denied
Reviewed by:
Date:
Approved by:
Date:
8-4
Revised on 07/06/2009
Permit no./APN:
Project Name (if applicable):
Applicant Name:
Project Location (Address and Cross Street):
Phone:
Part 1: Place a check mark in the columns for items to be reused or salvaged, recycled, or disposed, Submit the completed form for approval to:
City of Chula Vista, Environmental Services Division - WMR Review, Public Works Facility, 1800 Maxwell Road, Chula Vista, CA 91911 .OR-
via fax: (619) 397-6363. Upon approval, your form will be returned to you. You will need a copy of your approved form attached to your construction or
demolition permit application. For questions or clarifications regarding the Waste Management Report form, please contact Environmental Services at
(619) 691.5122
Inert Materials Place a check mark Place a check mark Place a check mark
:*Must divert at least 90% of inert materials::': next to items to be next to items to be next to items to be
reused or salvaged recycled disposed at landfill
Asphalt/Concrete
Brick/Masonry/Tile
Dirt/Rock
Mixed inert debris'
.
Other Materials Place a check mark Place a check mark Place a check mark
:*Must divert at least 50% of all other materials~ next to items to be next to items to be next to items to be
reused or salvaged recycled disposed at landfill
Cabinets, doors, fixtures, windows (circle all that apply)
Cardboard
Carpet I
Carpet (padding/foam only)
Gar-dboa-l'd
Ceiling Tile (acoustic)
Drywall (used)
Drywall (new, unpainted, or scrap)
Landscape debris (brush, trees, stumps, etc.)
Mixed debris'
Roofing materials
Scrap metal
Stucco
Unpainted wood-&-and pallets
Re€ycled-Mixe&-Debris
Trash/Garbage
Other Iple-as€-.Qescrlbe} - olease describe;
Other (please..aescr-ibe} - olease describe:
Other (p1ea5e-*$6r~be-) - olease describe:
* Mixed debris must be taken to an aooroved mixed Droces~na~cilitv.
7
Permit no.lAPN:
Applicant Name:
Project Location (Address and Cross Street):
Project Name (if applicable):
Phone:
Part 2: Use this log sheet to track your loads of materials as they leave the job site. Save all receipts and documents from facilities where materials
were taken. When your project is complete, sign and date the log sheet and send it and all corresponding receipts/documentation, including
photographs of materials that were reused or salvaged, to: City of Chula Vista, Environmental Services Division, Public Works Facility, 1800
Maxwell Road, Chura Vista, CA 91911.
(A) (8) (e)
Actual Actual Actual Actual Destination(s)
Vendors and Facilities
Date Material Type Amount Amount Amount
Reused or Recycled Disposed of Name, Address, and Telephone
Salvaged in Landfill Number
Examole:
7/10/2008
Concrete (broken)
6 tons
H3ASGft Ag-gr-egatB5.-37-G4-t.=la~;maF...Qf-:-;
GaflsiJaG---...{'.60i503-0 ~ 53
Facilitv Name. 1234 Main St.
Chuta Vista CA 619 555-1234
'Please llSFJ a seoarate sheet for additional items
CERTIFICATION - I certify under penalty of perjury under the laws of the State of California that I have reviewed the accuracy of the information
contained in and with this Waste Management Report and that the information is true and correct to the best of my knowledge.
Print Name and Title
Signature
Date
8-6
,
Construction & Demolition Conversion Table
This document is Informational only. It is only here to help you convert truckload quantities to tons if necessa'ry.
Step 1: Enter the estimated quantity for each applicable material in Column A. based on units of cubic yards (cy), square feet (sq
ft), or board feet (bd ft).
Step 2: Multiply the number entered in Column A by the Tons/Unit conversion factor in Column B. Enter the answer for each
material in Column C. Transfer your answer(s) to Part 2 (Daily Recycling Log) of your WMR form.
Column A Column B Column C
Cateqorv Material Volume Tons/Unit Tons
AsphalUConcrete Asphalt (broken) cy x 0.70 =
Concrete (broken) cy x 1.20 =
Concrete (solid slab) cy x 1.30 =
Brick/MasonrylTile Brick (broken) cy x 0.70 =
Brick (whole, paJletized) cy x 1.51 =
Masonry Brick (broken) cy x 0.60
Tile sq ft x 0.00175 =
Building Materials (cabinets, doors, windows, etc.) cy x 0.15 =
Cardboard (flat) cy x 0.05
Carpet By square foot sq It x 0.0005 =
By cubic yard cy x 0.30 =
Carpet Padding/Foam sq ft x 0.000125
Ceiling Tiles Whole (palletlzed) cy x 0.0003 =
Loose cy x 0.09 =
Dirt Loose/Dry cy x 1.20 =
ExcavatedlWet cy x 1.30 =
Sand (loose) cy x 1.20 =
Drywall (new or used) 1/2" (by square foot) sq It x 0.0008
5/8" (by square foot) sq It x 0.00105 =
Demo/used (by cu. yd.) cy x 0.25 =
Landscape Debris (brush, trees, etc.) cy x 0.15
Mixed Debris Construction cy x 0.18
Demolition cy x 119
Rock cy x 1.29
Shingles, asphalt Asphalt Composition Shingle cy x 0.22 =
Unpainted Wood/Pallets By board foot bd ft x 0.001375
By cubic yard cy x 0.15 =
Trash/Garbage cy x 0.18
Other (estimated weight):
X estimate
x estimate =
8 7 Total all =
4
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA
ADOPTING AMENDMENTS TO CHULA VISTA
MUNICIPAL CODE SECTION 8.25.095
CONSTRUCTION AND DEMOLITION DEBRIS
RECYCLING
The City Council of the City of Chula Vista does ordain as follows:
SECTION I. That Section 8.25.095 of the Chula Vista Municipal Code is hereby
amended to read as follows:
8.25.095 Construction and demolition debris recycling.
A. Projects.
1. Covered Projects. The following project categories are covered projects and
must comply with this section:
a. Any project requiring a permit for demolition or construction, with a project
valuation of $20,000 or more, unless defined as a non-covered project in subsection
(A)(3) of this section.
b. Any sequenced developments, such as housing subdivision construction or
subdivision demolition, must be considered as a "project" in its entirety for purposes of
this section, and not as a series of individual projects.
2. City-Sponsored Projects. All City construction and demolition projects shall be
considered "covered projects" and shall submit a waste management report to the City
Manager or designee prior to issuance of any construction or demolition permits.
3. Non-Covered Projects. A performance deposit and waste management report
shall not be required for the following:
a. Work for which a construction or demolition permit is not required.
b. Roofing projects that do not include tear-off of existing roof
c. Work for which only a plumbing, only an electrical, or only a mechanical
permit is required.
d. Seismic tie-down projects.
e. Projects less than 10,000 square feet, where no structural building
modifications are required.
f. Emergency required to protect public health and safety.
g. Individual single-family homes that are not part of a larger project.
While not required, it shall be encouraged that at least 50 percent of all project-related
construction, renovation and demolition waste from non-covered projects be diverted
B. Submission of Waste Management Report.
1. Construction and Demolition Waste Management Report Forms. Applicants for
any covered project shall complete and submit a construction and demolition waste
management report on a waste management report form (WMR) approved by the City
for this purpose. The purpose of the WMR is to illustrate how the applicant plans to
comply with the diversion requirements per CVMC S 8.25.020.06. Upon project
completion, the WMR will illustrate how the applicant complied with the diversion
requirements. The WMR shall indicate all of the following:
a. Part 1 of the WMR shall be submitted for review and approval prior to
issuance of a construction or demolition permit. The WMR should identify the
8-8
type of materials expected to be generated at the project site and the anticipated
end uses or end markets (recycled, reused on-site, salvaged, or disposed)
indicating how the landfill diversion goals will be met. Part 1 of the WMR shall
include:
i. The type of project;
ii. The total square footage of the project;
iii. The estimated generation of construction or demolition debris by
material type.
b. Upon completion, the applicant will submit Part 2 of the WMR and shall
indicate all of the following:
I. The type of project;
ii. The total square footage of the project;
iii. The actual volume or weight of construction and demolition debris
recycled, by material type;
iv. The actual volume or weight of construction and demolition debris
reused or salvaged by material type;
v. The actual volume or weight of construction and demolition debris
disposed of in a landfill;
vi. The actual volume or weight of construction and demolition debris
recycled at a construction and demolition debris recycling/processing center;
vii. The vendors or facilities that the applicant used to collect, process, or
receive the construction and demolition debris.
In estimating the volume or weight of materials identified in the WMR, the applicant
shall use the standardized conversion rates established and approved by the City for this
purpose or actual weight tickets.
2. Initial Application. Notwithstanding any other provision of this code, no
construction or demolition permit may be issued until the initial construction and
demolition waste management report has been approved by the WMR Compliance
Official. The WMR Compliance Official will respond to the applicant's WMR submittal
within 10 business days with an approval, denial or request for clarification. If the WMR
Compliance Official does not respond within 10 business days, the applicant should
notify the Official. After notification by the applicant, the Official will then have three
business days to complete the review. If the review is not completed within three
business days after the notification, the deposit requirement will be waived.
3. Amount of Performance Deposit. The applicant for any covered project shall
submit to the City a performance deposit. The amount of the performance deposit shall
be calculated as the lesser of three-quarters of one percent of the total project cost for
new construction and one and one half percent of the total project costs for demolition
projects or $30,000 maximum. All letters of credit must be issued by a financial
institution acceptable to the City and on a form prescribed by the City and approved by
the City Attorney. All bonds shall be in the form prescribed by the City and by such
sureties which are admitted insurers in the State of California, are subject to regulation
by the Department of I nsurance, and which satisfy all State requirements. The City shall
not accept a surety bond for any project with a performance deposit calculated at
$10,000 or less.
The WMR Compliance Official shall waive the performance deposit if the total deposit
required pursuant to this section would be $50.00 or less. Performance deposit funds in
the form of cash, money order, or check will be placed in a secured account, subject to
interest. The performance deposit and accrued interest shall be returned to the applicant
upon acceptance of proof of compliance in full. If partial compliance, the performance
8-9
deposit and associated interest will be refunded on a prorated basis dependent on the
degree of compliance. The City will retain the interest on any deposit funds riot refunded.
4. Documentation. Within 30 days after demolition is completed (if a demolition
permit only) or 30 days after the issuance of a certificate of occupancy or at the time of
issuing the last certificate of occupancy for units within a phased project of any covered
project, the applicants shall submit to the WMR Compliance Official documentation that
it has met the diversion requirement for the project, unless applicant has been granted
an exemption pursuant to subsection (C) of this section. The documentation shall
include all of the following:
a. Receipts from the vendor or facility that received each material, showing the
actual weight or volume of that material;
b. A copy of the completed waste management report form, in its entirety; and
c. Photographs and narrative documentation of the applicant's reuse activities.
5. Weighing of Wastes. Applicants shall make reasonable efforts to ensure that all
construction, renovation and demolition waste diverted for reuse or disposed of is
measured and recorded using the most accurate method of measurement available. To
the extent practical, all construction, renovation and demolition waste shall be weighed
by measurement on scales. Such scales shall be in compliance with all regulatory
requirements for accuracy and maintenance. For construction, renovation and demolition
waste for which weighing is not practical due to small size or other considerations, a
volumetric measurement shall be used. For conversion of volumetric measurements to
weight, the applicant shall use the standardized rates established by the conversion
rates table approved by. the City for this purpose. Conversion rate tables will be included
with the waste management report form.
6. Determination of Compliance and Release of Performance Deposit. The WMR
Compliance Official shall review the information submitted under this section and
determine whether the applicant has complied with the diversion requirement, as follows:
a. Compliance. If the WMR Compliance Official determines that the applicant
has fully complied with the diversion requirement applicable to the project, he or she
shall cause the release of the performance deposit to the applicant within 30 days of the
applicant's submission of the documentation required under this section. If the applicant
has complied in part, a portion of the performance deposit will be withheld The amount
withheld will be proportional to the percentage of materials that are not recycled/diverted.
b Noncompliance. If the WMR Compliance Official determines that the applicant
failed to submit the documentation within the required time period, then the performance
deposit shall be forfeited to the City. All forfeited and/or unrecovered funds shall be used
for waste reduction and recycling activities.
C. Exemption.
1. Application. If an applicant for a covered project experiences unique
circumstances that the applicant believes make it infeasible to comply with the diversion
requirement, the applicant may apply for an exemption at the time that he or she submits
the WMR. The applicant shall indicate on the WMR the maximum rate of diversion he or
she believes is feasible for each material and the specific circumstances that he or she
believes make it infeasible to comply with the diversion requirement.
2. Meeting with WMR Compliance Official. The WMR Compliance Official shall
review the information supplied by the applicant and may meet with the applicant to
discuss possible ways of meeting the diversion requirement.
3. Granting of Exemption. If the WMR Compliance Official determines that it is
infeasible for the applicant to meet the diversion requirement due to unique
circumstances he or she shall determine the maximum feasible diversion rate for each
material and s'hall indicate this rate on the WMR submitted by the applicant. The WMR
Compliance Official shall return a copy of the WMR to the applicant marked "Approved
8-10
with Exemption." The applicant shall then be responsible for diverting the revised rate
noted by the WMR Compliance Official on the approved WMR, in compliance with the
provisions of this section.
4. Denial of Exemption. If the WMR Compliance Official determines that it is
possible for the applicant to meet the diversion requirement, he or she shall so inform the
applicant in writing. The applicant shall resubmit a WMR form in. full compliance with this
section. If the applicant fails to resubmit the WMR, or if the resubmitted WMR does not
comply with this section, the WMR Compliance Official shall deny the WMR.
D. Appeal. Appeals of a determination made by the WMR Compliance Official under
this section shall be made to the City Manager or designee. The appeal shall be in writing
and filed with the City Clerk within 10 business days of issuance of the WMR
Compliance Official's decision. The appeal shall be limited to the following issues: (1) the
granting or denial of an exemption; and (2) the amount of security to be released. The
decision of the City Manager or designee shall be final. (Ord.
5. Granting of Exemption. If the WMR Compliance Official determines that it is
infeasible for the applicant to meet the diversion requirement due to unique
circumstances, he or she shall determine the maximum feasible diversion rate for each
material and shall indicate this rate on the WMR submitted by the applicant. The WMR
Compliance Official shall return a copy of the WMR to the applicant marked "Approved
with Exemption." The applicant shall then be responsible for diverting the revised rate
noted by the WMR Compliance Official on the approved WMR, in compliance with the
provisions of this section.
6. Denial of Exemption. If the WMR Compliance Official determines that it is
possible for the applicant to meet the diversion requirement, he or she shall so inform the
applicant in writing. The applicant shall resubmit a WMR form in full compliance with this
section. If the applicant fails to resubmit the WMR, or if the resubmitted WMR does not
comply with this section, the WMR Compliance Official shall deny the WMR.
D. Appeal. Appeals of a determination made by the WMR Compliance Official under this
section shall be made to the City Manager or designee. The appeal shall be in writing and
filed with the City Clerk within 10 business days of issuance of the WMR Compliance
Official's decision. The appeal shall be limited to the following issues: (1) the granting or
denial of an exemption; and (2) the amount of security to be released. The decision of
the City Manager or designee shall be final. (Ord. 3118 S 1,2008; Ord. 3116 S 1,2008;
Ord. 3105 S 1, 2008).
Presented by
Approved as to forrn by
Richard A. Hopkins
Director of Public Works
~ 0E
Bart Miesfeld
City Attorney
Of?"'?,?
8-11
ORDINANCE NO.
AN--ORDINANCE OF THE CITY OF CHULA VISTA
ADOPTING AMENDMENTS TO CHULA VISTA
MUNICIPAL CODE SECTION 825095
CONSTRUCTION AND DEMOLITION DEBRIS
RECYCLING
The City Council of the City of Chula Vista does ordain as follows:
SECTION I. That Section 8.25.095 of the Chula Vista Municipal Code is hereby
amended to read as follows:
8.25.095 Construction and demolition debris recycling.
A. Projects.
1. Covered Projects. The following project categories are covered projects and
. must comply with this section:
a. Any project requiring a permit for demolition or construction, with a project
valuation of $20,000 or more, unless defined as a non-covered project in .subsection
(A)(3) of this section.
b. Any sequenced developments, such as housing subdivision construction or
subdivision demolition, must be considered as a "project" in its entirety for purposes of
this section, and not as a series of individual projects.
2. City-Sponsored Projects. All City construction and demolition projects shall be
considered "covered projects" and shall submit a waste management report to the City
Manager or designee prior to issuance of any construction or demolition permits.
3 Non-Covered Projects. A performance deposit and waste management report
shall not be required for the following:
a. Work for which a construction or demolition permit is not required.
b. Roofing projects that do not include tear-off of existing roof.
c. Work for which only a plumbing, only an electrical, or only a mechanical
permit is required.
d. Seismic tie-down projects.
e. Projects less than 10,000 'square feet, where no structural building
modifications are required.
f Emergency required to protect public health and safety.
g. Individual single-family homes that are not part of a larger project.
While not required, it shall be encouraged that at least 50 percent of all project-related
construction, renovation and demolition waste from non-covered projects be diverted.
B. Submission of Waste Management Report.
1. Construction and Demolition Waste Management Report Forms. Applicants for
any covered project shall complete and submit a construction and demolition waste
management report on a waste management report form (WMR) approved by the City
for this purpose. The VVMR chall be cubmittod for review and :Jpprov:J1 prior to fsst!aA€e-m
a-BBRstruction or demolition permit. The purpose of the WMR is to illustrate how the
applicant plans to complv with the diversion requirements per CVMC " 8.25.020.06.
Upon proiect completion, the WMR will illustrate how the applicant complied with the
diversion requirements. The completed WMR shall indicate all of the following'
8-12
a. Part 1 of the WMR shall be submitted for review and approval prior to
issuance of a construction or demolition permit The WMR should identifv the
tvpe of materials expected to be qenerated at the proiect site and the anticipated
end uses or end markets (recvcled, reused on-site, salvaqed, or disposed)
indicatinq how the landfill diversion qoals will be met Part 1 of the WMR shall
include: The type of projact;
I. The type of proiect:
I:},ii. The total square footage of the project;
Seiil. The estimated qeneration of construction or demolition debris bv
material type
b. Upon completion, the applicant will submit Part 2 of the WMR and shall
indicate all of the followinq:
I. The type of proiect:
ii. The total square footaqe of the proiect:
iil. The actual volume or weiqht of construction and demolition debris
recvcled, bv material tvpe;
iv. The actual volume or weiqht of construction and demolition debris
reused or salvaqed bv material type;
v. The actual volume or weiqht of construction and demolition debris
disposed of in a landfill;
vI. The actual volume or weiqht of construction and demolition debris
recvcled at a construction and demolition debris recvclinq/processinq center;
vii. The vendors or facilities that the applicant used to collect process. or
receive the construction and demolition debris.
d.The maximum volume or weight of construction ::md demolition debris that will
be rocyclod or divorted from tho landfill;
o.Tho maximum volume or weight of construction and demolition debris that will
be disposod of in a landfill; and
f.The venders or facilities that the applicant proposes to usa to collect, proC8SS or
f8B€ive the construction and demolition debris
In estimating the volume or weight of materials identified in the WMR, the applicant
shall use the standardized conversion rates established and approved by the City for this
purpose or actual weiqht tickets.
2. Initial Application. Notwithstanding any other provision of this code, no
construction or demolition permit may be issued until the initial construction and
demolition waste management report has been approved by the WMR Compliance
Official. The WMR Compliance Official will respond to the applicant's WMR submittal
within 10 business days with an approval, denial or request for clarification. If the WMR
Compliance Official does not respond within 10 business days, the applicant should
notify the Official. After notification by the applicant, the Official will then have three
business days to complete the review. If the review is not completed within three
business days after the notification, the deposit requirement will be waived.
3. Amount of Performance Deposit The applicant for any covered project shall
submit to the City a performance deposit The amount of the performance deposit shall
be calculated as the lesser of three-quarters of one percent of the total project cost for
new construction and one and one half percent of the total project costs for demolition
projects or $30,000 maximum. All letters of credit must be issued by a financial
institution acceptable to the City and on a form prescribed by the City and approved by
the City Attorney. All bonds shall be in the form prescribed by the City and by such
sureties which are admitted insurers in the State of California, are subject to regulation
by the Department of Insurance, and which satisfy all State requirements. The City shall
8-13
not accept a surety bond for less th3n any proiect with a performance deposit calculated
&$10,000 or less.
The WMR Compliance Official shall waive the performance deposit if the total deposit
required pursuant to this section would be $50.00 or less. Performance deposit funds in
the form of cash, money order, or check will be placed in a secured account, subject to
interest. The performance deposit and accrued interest shall be returned to the applicant
upon acceptance of proof of compliance in full. If partial compliance, the performance
deposit and associated interest will be refunded on a prorated basis dependent on the
degree of compliance. The City will retain the interest on any deposit funds not refunded.
4. Documentation. Within 30 days after demolition is completed (if a demolition
permit only) or 30 days after the issuance of a certificate of occupancy or at the time of
issuing the last certificate of occupancy for units within a phased project of any covered
project, the applicants shall submit to the WMR Compliance Official documentation that
it has met the diversion requirement for the project, unless applicant has been granted
an exemption pursuant to subsection (C) of this section. The documentation shall
include all of the following:
a. Receipts from the vendor or facility that received each material, showing the
actual weight or volume of that material;
b. A copy of the completed waste management report form, in its entirety; and
c. Photographs and narrative documentation of the applicant's reuse activities.
5 Weighing of Wastes. Applicants shall make reasonable efforts to ensure that all
construction, renovation and demolition waste diverted for reuse or disposed of is
measured and recorded using the most accurate method of measurement available. To
the extent practical, all construction, renovation and demolition waste shall be weighed
by measurement on scales. Such scales shall be in compliance with all regulatory
requirements for accuracy and maintenance. For construction, renovation and demolition
waste for which weighing is not practical due to small size or other considerations, a
volumetric measurement shall be used. For conversion of volumetric measurements to
weight, the applicant shall use the standardized rates established by the conversion
rates table approved by the City for this purpose. Conversion rate tables will be included
with the waste management report form.
6. Determination of Compliance and Release of Performance Deposit. The WMR
Compliance Official shall review the information submitted under this section and
determine whether the applicant has complied with the diversion requirement, as follows:
a. Compliance. If the WMR Compliance Official determines that the applicant
has fully complied with the diversion requirement applicable to the project, he or she
shall cause the release of the performance deposit to the applicant within 30 days of the
applicant's submission of the documentation required under this section. If the applicant
has complied in part, a portion of the performance deposit will be withheld. The amount
withheld will be proportional to the percentage of materials that are not recycled/diverted.
b. Noncompliance. If the WMR Compliance Official determines that the applicant
failed to submit the documentation within the required time period, then the performance
deposit shall be forfeited to the City. All forfeited and/or unrecovered funds shall be used
for waste reduction and recycling activities.
C. Exemption.
1. Application. If an applicant for a covered project experiences unique
circumstances that the applicant believes make it infeasible to comply with the diversion
requirement, the applicant may apply for an exemption at the time that he or she submits
the WMR. The applicant shall indicate on the WMR the maximum rate of diversion he or
she believes is feasible for each material and the specific circumstances that he or she
believes make it infeasible to comply with the diversion requirement
8-14
,.- ..- ~"..
-....;...,./
2. Meeting with WMR Compliance Official. The WMR Compliance Official shall
review the information supplied by the applicant and may meet with the applicant to
discuss possible ways of meeting the diversion requirement.
3. Granting of Exemption. If the WMR Compliance Official determines that it is
infeasible for the applicant 'to meet the diversion requirement due to unique
circumstances, he or she shall determine the maximum feasible diversion rate for each
material and shall indicate this rate on the WMR submitted by the applicant. The WMR
Compliance Official shall return a copy of the WMR to the applicant marked "Approved
with Exemption." The applicant shall then be responsible for diverting the revised rate
noted by the WMR Compliance Official on the approved WMR, in compliance with the
provisions of this section.
4. Denial of Exemption. If the WMR Compliance Official determines that it is
possible for the applicant to meet the diversion requirement, he or she shall so inform the
applicant in writing. The applicant shall resubmit a WMR form in full compliance with this
section. If the applicant fails to resubmit the WMR, or if the resubmitted WMR does not
comply with this section, the WMR Compliance Official shall deny the WMR.
D. Appeal. Appeals of a determination made by the WMR Compliance Official under
this section shall be made to the City Manager or designee. The appeal shall be in writing
and filed with the City Clerk within 10 business days of issuance of the WMR
Compliance Official's decision. The appeal shall be limited to the following issues: (1) the
granting or denial of an exemption; and (2) the amount of security to be released. The
decision of the City Manager or designee shall be final. (Ord.
5. Granting of Exemption. If the WMR Compliance Official determines that it is
infeasible for the applicant to meet the diversion requirement due to unique
circumstances, he or she shall determine the maximum feasible diversion rate for each
material and shall indicate this rate on the WMR submitted by the applicant. The WMR
Compliance Official shall return a copy of the WMR to the applicant marked "Approved
with Exemption." The applicant shall then be responsible for diverting the revised rate
noted by the WMR Compliance Official on the approved WMR, in compliance with the
provisions of this section.
6. Denial of Exemption. If the WMR Compliance Official determines that it is
possible for the applicant to meet the diversion requirement, he or she shall so inform the
applicant in writing. The applicant shall resubmit a WMR form in full compliance with this
section. If the applicant fails to resubmit the WMR, or if the resubmitted WMR does not
comply with this section, the WMR Compliance Official shall deny the WMR.
D. Appeal. Appeals of a determination made by the WMR Compliance Official under this
section shall be made to the City Manager or designee. The appeal shall be in writing and
filed with the City Clerk within 10 business days of issuance of the WMR Compliance
Official's decision. The appeal shall be limited to the following issues: (1) the granting or
denial of an exemption; and (2) the amount of security to be released. The decision of
the City Manager or designee shall be final. (Ord. 3118 <? 1. 2008; Ord. 3116 <? 1.2008:
Ord. 3105 <? 1. 2008).
Presented by
Approved as to form by
Richard A. Hopkins
Director of Public Works
~ ----:::~
~C-~
Bart Miesfeld
City Attorney
8-15
CITY COUNCIL
AGENDA STATEMENT
~ I ft.. CITY OF
~ (HULA VISTA
9/15/09, Item q
REVIEWED BY:
RESOLUTION OF THE CITY COlTNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING SUBMITTAL OF FFY2009-10
(FEDERAL FISCAL YEAR) HIGHW A Y SAFETY
IMPROVEMENT PROGRAM (HSIP) GRAt'JT APPLICATIONS
AND COMMITTING MATCHING ~S THEREFOR
DIRECTOR OF PUBLIC WORKS ~ A
ASSISTAl'JT DIRECTOR OF ENGINEE~
CITY MANAGER~
ASSISTAl'JT CIT;~~NAGER S r-
4/5THS VOTE: YES D NO ~
ITEM TITLE:
SUBMITTED BY:
SUMMARY
The City of Chula Vista's Department of Public Works, Engineering Division, would like to
submit grant applications for the FFY2009c 10 (Federal Fiscal Year) Highway Safety
Improvement Program (HSIP) Grant Program. HSIP funds are eligible for work on any publicly
owned roadway or bicycle/pedestrian pathway or trail that will correct or improve the safety of
its users. Five candidate projects are proposed to be submitted prior to the October 8, 2009
deadline.
ENVIRONMENTAL REVIEW
The Envirorunental 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 uefined under Section 15378 of the State CEQA Guidelmes because the proposal
consists of funding solicitation without the assurance that these funds w1l1 be procured for future
projects. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity
is not subj ect to CEQA. Thus, no envirorunental review is necessary.
RECOMiVI.ENDA TION
Council adopt the resolution.
BOARDS/COMMISSION RECOiVIiVIENDA TION
Not applicable.
9-1
9/15/09, Item3-
Page 2 of 4
DISCUSSION
Section 1401 of the Safe, Accountable, Flexible, Efficient, Transportation, and Equity Act -
Legacy for Users (SAFETEA-LU) amended Section 148 of Title 23 to create a new, core
Highway Safety Improvement Program (HSIP). On July 21, 2009, Caltrans announced a call for
HSIP projects based upon anticipated Federal safety funding in the 2009/10 Federal Fiscal Year
(FFY) which begins October I, 2009. This call for projects is through its competitive Highway
Safety Improvement Program (HSIP) Grant Program. Caltrans expects the HSIP funding
apportioned to local agencies to be approximately $50 million. Eligible applicants include cities
and counties for any publicly owned roadway or bicycle/pedestrian pathway or trail that will
correct or improve the safety of its users. For a project to be eligible, a specific problem must be
identified for correction and the proposed countermeasure must correct or substantially improve
the conditIOn.
The City proposes to apply and submit applications for HSIP grant funding and has identified the
following five different types of projects:
. Install enhanced mid-block crosswalk at an elementary school site;
. Install missing infrastructure, such as sidewalks, curbs, gutters and pedestrian ramps;
. Modify an existing traffic signal at an intersection to reduce the accident rate;
. Install traffic calming radar speed feedback signs near elementary schools;
. Improve an existing guardrail to comply with current standards.
The maximum reimbursement percentage for any HSIP project is 90 percent where the
maximum amount allocated to any single project is $900,000. The grant also requires a local
match of 10 percent, which would come from TransNet funds and/or Traffic Signal Funds as
appropriate. Statewide, $50 million worth of projects will be selected from the FFY200911 0
HSIP Program applications.
For FFY2009/10 HSIP Program, it IS recommended that the City apply for funding for the
following five projects:
Proposed Project No.1:
Enhanced Tramc Calming Crosswalk Improvements at Montgomery Elementary School.
The proposed project is to construct an enhanced crosswalk at Fourth Avenue next to
Montgomery Street. This crosswalk will serve school kids that attend Montgomery Elementary
School and their neighborhood. The scope of work for the proposed project consists of installing
traffic calming at Fourth Avenue and Montgomery Street which includes, but is not limited to:
advanced warning signs with beacons, school zone signs, curb bulb outs for a reduced crossing
path, striping, pedestrian signal buttons, Portland Cement Concrete monolithic curb, gutter, and
sidewalk, driveways, ADA pedestrian ramps, asphalt concrete pavement, traffic control, and
other miscellaneous items of work necessary for the project.
Proposed Project No.2:
Construction of Missing Infrastructure along South Side of 500 block of Naples Street.
The proposed project location is along south side of Naples Street between Broadway and Fifth
Avenue. This segment of Naples Street lacks sidewalks, curb and gutters, and ADA compliant
pedestrian ramps. The scope of work for the proposed project consists of installing Portland
9-2
9/15/09, Item~
Page 3 of 4
Cement Concrete monolithic curb, gutter, and sidewalks, ADA pedestrian ramps, asphalt
concrete pavement, and other miscellaneous items of work necessary for the project. This
project will serve Harborside and Rice Elementary Schools, Chuta Vista Adult School, and the
multi residential apartments located on both sides of Naples Street. There is approximately
1,320 L.F. of work needed along this block. This project recently had a walking audit conducted
by City and Federal Highway Administration staff, so it is a very hopefi.ll project to submit for
Federal funding at this time.
Proposed Project No.3:
Tramc Signal Modification at the intersection of Fourth Avenue and "G" Street.
The propsed project is to upgrade and modifiy the existing traffic signal system at Fourth
A venue and "G" Street intersection. The proposed protected left-turn only phase movement is
targeted at reducing the frequency of collisions resulting from conflicts associated with left-turn
maneuvers and opposing through vehicles. Also, as part 0 f the proposed improvement is the
installatlOn of ADA compliant push buttons with 4 part crossing instmction, installation of loop
detectors, re-wiring the intersection, sidewalk improvements, constmction of ADA compliant
pedestrian ramps, installation of 250 watt luminaires, enhanced re-striping and signage, and other
required traffic control devices.
Proposcd Projcct No.4:
Tramc Calming Radar Speed Feed Back Signs at Various Roads Close to Various
Elementary Schools.
The installation of the radar speed signs are considered, as a practical solution to balance
neighborhood needs with mobility. To balance increased driver awareness of travel speeds with
vehicle accessibility, the City of Chula Vista proposes the installation of radar speed feedback
signs along the following list of streets:
Elementarv School/Location of signs
Arroyo Vista / Hunte Parkway and Clubhouse Drive
Cook / Westbound East 'L' Street
Feaster / Eastbound and westbound 'E' Street
Lauderbach / Fourth Avenue and Palomar Street
Lorna Verde / East Orange Avenue
Montgomery / Fourth A venue
Olympic View I South Greensview Drive
Greg Rogers / Oleander Avenue
Rosebank / 'E' Street
Tiffany / East 'H' Street
Valley Lindo / Oleander Avenue
Vista Square / Fifth Avenue and 'G' Street
Radar speed limit signs (also called "driver feedback signs") prompt speeding drivers to slow
down. Standard signs have stationary block letters that display the words "YOUR SPEED".
More advanced models include variable messages such as "YOUR SPEED", "SPEED UNlIT",
and "SLOW DOWN", which can be programmed based on motorist speed.
9-3
9/15/09, Item~
Page 4 of 4
These radar speed signs will be installed directly below the black-and-white posted speed limit
signs, which will alert each driver by indicating that they are traveling at unacceptable speeds
above the posted speed limits. To draw additional driver attention, the display blinks when the
vehicle speed exceeds the posted speed limit by five or more miles per hour. These signs
incorporate developing technology at a "trouble spot" drawing a short-term reaction and enabling
drivers to permanently change their driving behavior for the sake of the kids and neighborhood
traffic safety..
Proposed Project No.5:
Reconstruction of Existing Guardrail at Easterly Side of North Second Avenue north of 'c'
Street:
This proposed project will modify existing guardrails along the easterly side of Second Avenue
just to the north of "C" Street to provide better buffer protection for the motoring public from a
severe sloping street embankment and will help protect adj acent properties from vehicular
accident damage. The proposed project will mclude furnishing and installation of guardrails,
signs, removal and disposal of existing improvements, and traffic control.
In summary, Caltrans administers the HSIP Program funds. Staff is preparing the grant
applications for the five projects described in this report and plans to submit the applications,
pending Council approval, to the Caltrans DIstrict Office before the October 8, 2009 deadline.
Staff will return to Council for appropriation of funds if awarded.
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 properties, which is the subject of this action.
CURRENT FISCAL IMPACT
There is no fiscal impact to the General Fund. If the resolution is approved, the City will apply
for Highway Safety Improvement Program (HSIP) funding. If a grant is awarded, staff will
return to Council with a recommendation to accept the grant funds, create new Capital
Improvement Program (CIP) project, and appropriate the grant funds into the CIP. Sufficient
funds have been identified within the TransNet fund and Traffic Signal Fund to meet the 10%
local match requirement.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact at this time. If funds are awarded upon completion of the
project(s), the improvements will require only routine City maintenance.
ATTACHMENTS
1. Project location plats
Prepared by /vhma Cuthbert, Senior Civil Engineer, Public Works-Engineering
J IEflgifleer\AGENDAICAS2009\09-15-09\HSfP GRANT AGENDA REPORT.doc
9-4
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9-6
RESOLUTION NO. 2009-
RESOLUTION AUTHORIZING SUBMITTAL OF FFY2009-10
(FEDERAL FISCAL YEAR) HIGHWAY SAFETY
IMPROVEMENT PROGRAM (HSIP) GRANT APPLICATIONS
AND COMMITTING MATCHING FUNDS THEREFOR
WHEREAS, Section 1401 of the Safe, Accountable, Flexible, Efficient, Transportation,
and Equity Act - Legacy for Users (SAFETEA-LU) amended Section 148 of Title 23 to create a
new, core Highway Safety Improvement Program (HSIP); and
WHEREAS, on July 21, 2009, Caltrans announced a call for HSIP Projects based upon
anticipated federal safety funding in the 2009/10 Federal Fiscal Year (FFY) which begins
October 1,2009; and
WHEREAS, this call for projects is through its competitive Highway Safety
Improvement Program (HSIP) grant program; and
WHEREAS, Ca1trans expects the HSIP funding apportioned to local agencIes to be
approximately $50 million; and
WHEREAS, for a project to be eligible a specific problem must be identified for
correction and the proposed countermeasure must correct or substantially improve the condItion;
and
WHEREAS, City staff recommends applying for HSIP grant funds and has identified the
following five different types of projects and locations:
. Install enhanced mid-block crosswalk at an elementary school site;
. Install missing infrastructure, such as sidewalks, curbs, gutters and pedestrian ramps;
. Modify an existing traffic signal at an intersection to reduce the accident rate;
. Install traffic calming radar speed feed-back signs near elementary schools;
. Improve an existing guardrail to comply with current standards; and
WHEREAS, these projects are:
1. Enhanced Traffic Calming Crosswalk Improvements at Montgomery Elementary School.
2. Construction of Missing Infrastructure along South Side of 500 block of Naples Street.
3. Traffic Signal Modification at the intersection of Fourth Avenue and "0" Street.
4. Traffic Calming Radar Speed Feed Back Signs at Various Roads Close to Various
Elementary Schools along the following list of streets:
Elementarv School/Location of signs
1) Arroyo Vista / Hunte Parkway and Clubhouse Drive
2) Cook / Westbound East 'L' Street
9-7
3) Feaster I Eastbound and westbound 'E' Street
4) Lauderbach I Fourth Avenue and Palomar Street
5) Lorna Verde I East Orange Avenue
6) Montgomery I Fourth Avenue
7) Olympic View I South Greensview Drive
8) Greg Rogers I Oleander Avenue
9) Rosebank I 'E' Street
10) Tiffany I East 'H' Street
11) Valley Lindo I Oleander Avenue
12) Vista Square I Fifth Avenue and 'G' Street
5. Reconstruction of Existing Guardrail at Easterly Side of North Second Avenue north of
'C' Street.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby authorize
submittal of FFY2009-l0 (Fiscal Federal Year) Highway Safety Improvement Program (HSIP)
grant applications and committing matching funds therefor.
Presented by
Approved as to form by
Richard A. Hopkins
Director of Public Works
J ;4 Dl.4-
~sfeld '
City Attorney
9-8
CITY COUNCIL
AGENDA STATEMENT
~f:. (lIT OF
. - - - (HULA VISTA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
9/15/09, ItemR
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING A GRANT OF $237,500 FOR LIGHT RAIL
TROLLEY IMPROVEMENT STUDY AND AMENDING REGIONAL
TRANSPORTATION IMPROVEMENT PROGRAM PROJECT CHV30
AMENDING THE FY 2009-10 CIP PROGRAM AND GRANT FUND
PROGRAM BUDGETS, APPROPRIATING SAID GRANT FUNDS TO
EXISTING CAPITAL IMPROVEMENT PROJECT, STM361 1-5
MULTI-MODAL CORRIDOR IMPROVEMENT STUDY AND
AUTHORIZING AN INTERPROJECT TRANSFER FROM EXISTING
CIP STL298 TO STM361 IN THE AMOUNT OF $16,175 AS
NECESSARY TO MEET THE MINiM M LOCAL MATCH
DIRECTOR OF PUBLIC WORKS . '<L::::J.
ASSISTAl\!T DIRECTOR OF ENG EE~
CITY MANAGER~
ASSIST At'\fT CITY1tN~GER S --;
4/5THS VOTE: YES [g] NO 0
SUMMARY
The City of Chula Vista has been awarded $237,500 in grant funding from the Transportation,
Community, and System Preservation (TCSP) Program for projects identified by Congress in
Federal Fiscal Year 2009. This grant will be used to deterrmne specific design features for future
light rail trolley grade separation projects within the City of Chula Vista.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed action consisting of the
acceptance of grant funding for compliance with the California Environmental Quality Act
(CEQA) and has determined that this action qualifies for a Class 6 categorical exemption
pursuant to Section 15306 (Information Collection) of the State CEQA Guidelines, because the
proposed action will result in the preparation of a pre-design study potentially lea.ding to an
action which the City of Chula Vista has not yet approved, adopted or funded. Thus, no further
CEQA environmental review is necessary.
In addition, the Environmental Review Coordinator has reviewed the proposed action for
compliance with the National Environmental Policy Act (NEPA) due to the use of U.S.
10-1
9/15/09, ItemK
Page 2 of 4
Department of Federal Highway Administration (FHW A) funds and has determined, together
with the California Department of Transportation (Caltrans), that these funds and the designated
purpose would qualify for a categorical exclusion determination pursuant to Section 771.117 (c)
(1) [Activities which do not involve or lead directly to constmction, such as planning and
technical studies] Title 23 of the Code of Federal Regulations. Thus, no further NEPA
environmental review or documentation is necessary at this time.
RECOMMENDA nON
Council adopt the resolution.
BOARDS/COMMISSIONS
Not applicable.
DISCUSSION
The Federal Highway Administration (FHW A) Office solicited applications for Federal Fiscal
Year 2009 (FFY2009) grant funding from the Transportation, Community, and System
Preservation (TCSP) Program for projects identified by Congress. Section 1117 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act; A Legacy for Users (SAFETEA-LU)
reauthorized the TCSP Program through FFY2009. Recently, Caltrans informed the City of
Chula Vista that the TCSP grant application for $237,500 in TCSP funds was approved (See
Attachment # 1).
Over the past several years, City staff has been working with Congressman Filner regarding
additional funding needed for ultimate improvements along the Interstate-5 corridor and as such
were successful in obtaining $1,987,200 in SAFETEA-LU funds for the corridor. Originally,
staff had asked for $2,160,000 in Federal funds and with a 20% minimum local match of
$540,000 required, the project total was $2.7 mlllion. Although the original 1-5 Multi-modal
grant application totaled $2.7 million, in 2005, Congress reduced the SAFETEA-LU program by
8% in order to help fund the recovery efforts due to Hurricane Katrina. The current budgeted
funds for Project STM-36l (SANDAG RTIP # CHV30) included $540,000 in TransNet funds
and $1,987,200 in Federal SAFETEA-LU funds for a total of $2,527,200 detailed below:
Existing Budgeted Funds for Project:
Fund Amount %a!!e Comment
TransNet 540,000 21.37% Minimum 20% Local Match required.
SAFETEA-LU 1,987,200 78.63%
Total 2,527,200 100.00%
The $237,500 in TCSP funds would augment the previous SAFETEA-LU funds and allow a
more refined pre-design study ofthe Light Rail Trolley system through Chula Vista.
This project study will be able to provide specific design features of grade-separating the LRT at
locations near the following Transit Stations in Chula Vista: E Street, H Street and Palomar
Street. Based on this study, the costs for each of these crossings would be updated as well as the
project limits for each of the crossings. One consideration to be evaluated is at the E Street
10-2
9/15/09, HemE
Page 3 of 4
Transit Station. If during redevelopment of the area this station's loading platform is moved
further south towards F Street, then the at-grade crossing at F Street may also have to be grade
separated. Also, this study would help identIfy critical design elements that would impact
construction costs.
The application estimated the study to cost $300,000 with grant funds to be $237,500 (79%) and
a local match of $62,500 (21 %). Since this work is integral to the 2008 Regional Transportation
Improvement Program (RTIP) Project CHV30, the funds will be shown as a new funding source
for this project. As such, the total project budget will be increased to show this additional
funding source. Since a minimum 20% local match must be shown for the 52,224,700 in Federal
funds (51,987,200 + $237,500 = $2,224,700), the project must have at least $556,175 (20%
minimum needed) in local funds in order to fully utilize the maximum amount of the grant. This
would then require an addItional local match of$16,175 ($556,175 - $540,000).
Project CHV30 is described as, "1-5 Multi-modal Corridor Improvement Study" and it is for
conducting a study to examine multi-modal improvements to the [-5 corridor between the Main
Street interchange and State Route 54 (See Attachment #2). An RTIP amendment will be done
to revise this budget.
Proposed budgeted funds for Proiect:
Fund Amount %age Comment
ITransNet 556,175 20.00% Minimum 20% Local Match required.
SAFETEA-LU 1,987,200 71.46%
TCSP I 237,500 8.54%
Total 2,780,875 100.00% I
With each rail grade separation project estimated to cost approximately 535 million, it is
imperative that the design elements and potential constmction impediments be identified early in
the process so that decisions can be made to minimize construction costs. With at least three
grade separation projects being considered and possibly more, this would represent a future
constmction cost for the local agency, region, State and Federal agencies of approximately S 100
million. The phasing for these projects has not yet been determined and that is part of the on-
going 1-5 Multi-modal Corridor Study that City staff is working on with Caltrans and SANDAG.
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 properties, which are the subject of thIS action.
CURRENT FISCAL IMPACT
There is no impact to the General Fund. At this time, staff recommends appropriating the TCSP
Grant funds to STM36l in the amount of 5237,500 and authorizing an interproject transfer of
$16,175 in TransNet funds from existing CIP STL298 to STM361 as necessary to meet the local
match. STL298 has sufficient TransNet funds available for the transfer. The Federal funds are
reimbursed as invoices are submitted and approved by Caltrans. Staff will process the RTIP
amendment for CHV30 with SA1'lDAG as part of the next RTIP update.
10-3
9/15/09, Item~
Page 4 of 4
ONGOING FISCAL IMPACT
The study would help to identify critical design construction costs. Any ongoing fiscal impacts
would be related to construction' and would be provided at that time.
ATTACHMENTS
1. Transportation, Community, and System Preservation (TCSP) Program Grant Application.
2. SANDAG ProjectTrak for CHV30 "1-5 Multi-Modal Corridor Improvement Study".
Prepared by: FrancIsco X. Rivera, Principal Civil Engineer, Public Works Dept.
M:\Engineer\AGENDA\CAS1009\09.15-09\TCSP Grant Acceptance for LRT improvement Study.ml.doc
10-4
ATTACHMENT &
TRANSPORTATION, COMMUNITY, AND SYSTEM PRESERVATION
PROGRAM GRANT APPLICATION
PART A. PROJECT INFORMATION
Project Title:
Fiscal Year 2008-09
Light Rail Corridor Improvements
Study
Fiscal Year Authorized:
GRANTEE CONTACT INFORMATION
Grantee Contact Name: Frank Rivera,Princi al Civil Engineer
A ency: City ofChu1a'Vista
Mailin Address Street/P.O. Box): 276 Fourth Ave.
Cit , State, Zi code: Chula Vista, CA 91910
Phone: (619) 691-5045
Fax: 619 691-5171
E-Mail: friveraci.chula-vista.ca.us
STATE DOT CONTACT INFORMATION
State Contact Person: Erwin Go'uan co
Phone: (619) 278-3756
Fax: 619 220-5432
E-Mail: erwino.uancodot.ca. ov
District Local Assistance Engineer
FHW A DIVISION OFFICE CONTACT lNFORMA TION
Division Contact Person:
Phone:
Fax:
E-Mail:
CONGRESSIONAL INFORMATION
Congress Member: Re . Bob Filner
Congressional District No.: 11
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~r.:,*!;'Z:kr '~!ifJW'~\~~~E;'!fn:~~7~1lJ;t<M':Jf;'w,;~~,;';;"">"'_"I' "....~,~~~~ ~~lL, ,!,J;f~~~;: ,ri<~~,,:'O'f>>;,',;~j?,il>.'{'"l,,::ur'>M~"-'i.~1'W'l.~,..~~~~iji;..\w.i'-f;T."J2~.;';
TCSP Pro am Funds: $237,500.00
Matchin Funds/In-kind Services Value: $62,500.00
Matching Funds/In-kind Services Source: $0.00
Total TCSP-Related Pro' ect Costs: $300,000.00
Updated: July 1,2009
10-5
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~ :':1l~.".__., .. ~'__"'._ ,..._.""".,.~J>j"'ftd,.".1.."J'il.~,,,,>,""L':!:,s".~.3tru1\r.__._>tiiIJL.,,,11l_'~1.V.A,"_~
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State Administered?
Division Administered?
"Transfer" TCSP funding for Project
Administration?
If yes, which Federal A enc
Will the project be obligated by
September 30, 2009?
Date grant application approved by
FHW A Division Office
Yes
Yes
Yes
No
No
No
Yes
No
Part B. Project Abstract
(Maximum 4 sentences) Briefly describe the how the TCSP Programfunds will be
used to support the proposed project.
San Diego Association of Governments (SANDAG) staff has evaluated at-grade
light rail and railroad crossings and has ranked the highest regional priorities for
grade separation. Their actions in May of 2008 recommended submittal of four
regionally important and competitive grade separation projects to the California
Transportation Commission for State (Highway-Railroad Crossing Safety
Account) funding. These four locations included the E and H Street crossings in
Chula Vista. The TCSP Program funds will be used to conduct a more refined'
study to determine specific design features of grade separation at Light Rail
Trolley (LRT) crossings at the following locations near Transit Stations in the City
of Chula Vista: E Street, H Street and Palomar Street
Part C. Project Narrative
Describe the project and the expected results, including project goals and
time frame. Describe how the project integrates transportation, community, and
system preservation plans and practices that address one or more of the following:
1) Improve the efficiency of the transportation system of the United States.
2) Reduce the impacts of transportation on the environment.
3) Reduce the need for costly fitture investments in public infrastructure.
4) Provide efficient access to jobs, services, and centers of trade.
5) Examine community development patterns and identify strategies to
Updated: July 1,2009
10-6
p,2
encourage private sector development that achieves the purposes identified
in (1) through (4).
The "2030 San Diego Regional Transportation Plan, Final November 2007" (2030
RTP) envisions a regional transit system that is the first choice for many of our
trips. The long-range transit vision calls for a network of fast, flexible, reliable,
safe, and convenient transit services that connect our homes to the region's major
employment centers and major destinations.
The RTP is based on a network of rail, bus rapid transit (BRT), arterial rapid bus,
and local bus services working together as a system to address a wide range of
travel needs. This plan puts a greater emphasis on serving the region's urban core
areas and Smart Growth areas where land use densities and urban design are
conducive to transit. The E, H and Palomar Street transit stations are all located
within City of Chula Vista Smart Growt!]. areas.
Transit investments can help steer growth into smart growth centers/corridors,
thereby improving the efficiency of the transportation system and reducing impacts
on the environment. Highway investment should support transit services by
developing HOV and other high occupancy facilities that benefit public transit. As
part of the urban core focus, "Transit Focus Areas" around the E, H and Palomar
Street transit stations all represent key, areas where significant improvements are
planned for rail, BRT, arterial rapid, and local bus services.
As transit service frequency is increased over time, it will become important to
examine the need for rail grade separations at critical intersections throughout the
region. The current traffic Level of Service (LOS) is E or F (failing) at E Street and
H Street near the trolley crossings and the 1-5 freeway ramps. Grade separation
would improve the LOS to an acceptable level of D or better during rush hour.
The combined intersection delays for east-west traffic on E Street and H Street
would be reduced by between l7 and 40 seconds per vehicle.
Palomar Street, similar to E Street and H Street crossings and ranked regionally
with these crossings, currently does not meet the City's minimum acceptable
traffic level of service for local street traffic. The grade separation project would
also contribute to the City's Palomar Trolley Center redevelopment, a transit-
oriented beautification project that would contribute towards private sector
development of a low-income area.
Updated: July 1,2009
10-7
p. 3
This study would provide preliminary conceptual design alternatives for grade
separation at each of the three locations. This would include alignments, cost
estimates, layouts, profiles, typical sections and site plans. Station improvements,
structures and light rail/freight rail design geometries would be provided and
coordinated with preliminary highway geometries developed by Caltrans. Time
span for preparation of the report would be approximately 24 months with a
predicted completion date of June 2011.
Part D. Project Eligibility
a. Is the project located on a Federal-aid highway? (List the functional
class(es) of the facility(ies) to be improved) Yes. E Street, H Street and
Palomar St. near the trolley crossings are all minor arterials.
b. If the project is not located on a Federal-aid highway, how do you consider
the project eligible for assistance under Title 23 or Chapter 53 of Title 49,
United States Code? (i.e., list program(s) and describe how the project
meets the statutory eligibility criteria for that program.) Not applicable
c. Is the project a corridor preservation activity necessary to implement
transit-oriented development plans, traffic calming measures, or other
coordinated transportation, community, and system preservation practices?
No
Updated: July 1,2009
10-8
p.4
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VIEWING A PROJECT (READ-ONLY MODE)
IF YOU LIKE TO MAKE CHANGES TO THIS PROJECT, PLEASE PROCEED THROUGH AN AMENDMENT.
VIEW PREVIOUS VERSIONSOFTHIS PROJECT
MEQJQ; CHV30
CTlPS 10, nla
M.f'.lQACiJQ; nla
VERSIOIi; 2
PPNO, n/a
l'AJjUM8EFt n/a
BIlE; 08-00
ATI? STATE Ape.ROVED:
BI1P.J'EDER8!..AeEROV~ 11/17/08
COMPLETIOlj YEAR: 2012
TOTAL COST $2,527,200
Q8L1GATE!lJ;.9ST $0
LAST PAYMIillLRlillJJ!;STED BY: Elizabeth ChoRll (1/22/2009) hP&L"lQQ!EI!;QJ!Y: Skim (6/27/2008) ~IS.I9ID'
ADMINISTRATIVE EDIT
~
LUMP SUt,1 !J.!MP SUM NAME
No
PROJECT TYPES J.Q0.
Highway" 5 NO
FOOTNOTES
o
I
CD
PROJECT INFORMATION
PROGRAM I AUTHORIZATION TYPE ID
IRTP-'~A~~ #_.._~ I_______j
I EARMAFlK NC?_ ..~ 1<:;A.677/.34~3..J
I____....n__..__..._~ I___o..._....._!
LEAO AGENCY
I Chula Vista, CHyof
PROJECT TYPE
I Hlgl1."'.a!'.:l:?____________
EXEMPT CATEGORY
LOther - Engineering studies.
fu'.:;;ILATEST RTp) ITS
Li'I.O u ___!ri!l I~?_!@f
PROJECT TITLE
11-5 Multi-Modal Corridor Improvement Study
PROJECT DESCRIPTlQU - G~IDELlNES
conduct a study to examine multi-modal improvements
Main Street Interchange and State Route 54
M1!UlE...t"E LOCATIONS
I!@]
'>n.~
_.~.._~_._.._-----~----_._-
RTIP
II 08~OO -. RT~~
to the 1-5 corridor between the
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'rojectTrak - Project VIeW
v
~
Change in project title and description per Congressional authorization. Also note I
that $50,000 in Transnet funds were appropriated for FY08, and an additional $490,000 I
will be appropriated for FY09_ I
I
i
_._---_._.~.._---_...__.._.._--_._.._--_._--------------..--.-..-".'.'- ----- .. ...._...__..__~._.n_.._._.__~._. ___ _______________________________________________1
Ii'IElBAffil!;JAUTOMAlE)
Changed Project Title:
- from "H Street and 1-5 Interchange Improvements" to 111-5 Multi-Modal Corridor
Improvement Study"
Change Project Description: I
- from "At H Street and 1-5 interchange - preliminary engineering, environmental I
analysis and project design for future widening and improvement (DEMO ID: CA677 HPP
No: 3482) " ,
to uconduct a study to examine multi-modal improvements to the 1-5 corridor between I
,
the Hain Street Interchange and State Route 54" I
Changed System:
- from "state" to f'Localll I
Changed Project Completion- Date:
- from "DEe 2010n to "DEe 2012" ,
I
Funding I
Decrease
TransNet - Local Streets Improvements:
- Decrease funds in FY 2009 in ENG from $540,000 to $490,000
TransNet - Local Streets and Roads:
~ Add funds in FY 2009 in ENG for $50,000
Demo - High Priority Projects:
- Decrease funds in FY 2009 in ENG from $2,160,000 to $1,987,200
Total project cost decreased from $2,700,000 to $2,527,200 -~
INTERNAL NOTES
I____________________~______________________________________________________________________________________---------------------------______1
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EMAIL PROJECTTRAKHELP@ECOINTERACTIVECOM
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rojectTrak - Project View
['age!. or J
(;'(SIEM
I Local
BOllTE;
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On I-5 between SR 54 and Main Street interchange
(!, CONGESTION RELIEF
o MAINTENANCE
CAPACITY INCREASING PROJECT INFORMATION - ONLY REQUIRED FOR CAPACITY INCREASING PROJECTS
CAPACITY STATUS
10~_n:.g_apa~Y'~iea~_eJ~
PROJECT DIAGRAM
~
PROGRAMMING INFORMATION
EST TOTAL PRQJECT COST MQ!ill::I YJ'AR
1___.-!~,52?!.2Jl!lJ PROJECT COMPLETION OATE L1:J.E~~1.201? _~ [illJ6l:'I:LlJJ;.YJ;NUE5j .OPS/MAINT [\'E:
FISCAL YEAR FUNO TYP!;jPROGRAMMEO REVENUE SOJ.!f:l!&) ENV/ENGB flQ.\Y Nf1 TOTAL
t~.:.__~~~1fd I De_mo . t::!~gh Pr~?L~~~rojecls .._n_' --.-------.-------- ..____!lli3 I $1,987,20011 $011 $011 $1,987,2001
1 FY 2-?_~~ l,!.~a~_~_~~~,~__~~~~.~.s_tr~.~!~_~~~_ ~.?~.9,~_.._ ..u... ...". .....--..--.-..........."." gJ\ $50,00011 $011 $011 $50,0001
IFY 2009 ~ I~~~~et. Lo~~.l Streets lmp!~~_~~~nts ___...........___.______t@I [ $490,00011 $011 $011 $490,0001
Demo. High Priority Projects I $1,987,20011 $011 $011 $1,987,2001
TransNet - Local Slreets and Roads I $50,00011 $011 $011 $50,0001
TransNel + local Slreels lmprovemenls I $490,00011 $011 $011 $490,0001
GRAND TOTAL I $2,527,20011 $011 $011 $2,527,2001
DOES THIS PROJECT ACCOMMODATE BIKE/PEDESTRIANS? I,:.:~~!iif
TRANSNET P A YiVlENTS . FY09 & FY10
C)
I
~
~
TAANSNET PAOGRAr,1
TransNet - local Streets Improvements
TransNet - Local Streets and Roads
SUBTOTAL FY09
TOTAL
;;OURCE
Sales Tax
Sales Tax
RECIPIENT
Chula Vista, City of
Chula Vista, City of
eilYtc1ENT DATE
FES 2009
FEB 2009
PAYMENT AMOUNl:
$100,000
$50,000
$150/000
$150,000
CHANGE REASON
tilliTORICAL COMMlliTS
CHANGE REASON
Carry over from 06-00, Revise project description
NARRATIVE DESC_RlPTIQN' .GW.o_~N9E.
nl'\'.....t'1I.....r.r.,..
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A GRANT OF $237,500 FOR
LIGHT RAIL TROLLEY IMPROVEMENT STUDY AND
AMENDING REGIONAL TRANSPORTATION IMPROVEMENT
PROGRAM PROJECT CHV30 AMENDING THE FY 2009-10 CIP
PROGRAM AND GRANT FUND PROGRAM BUDGETS,
APPROPRIATING SAID GRANT FUNDS TO EXISTING
CAPITAL IMPROVEMENT PROJECT, STM361 1-5 MULTI-
MODAL CORRIDOR IMPROVEMENT STUDY AND
AUTHORIZING AN INTERPROJECT TRAi'JSFER FROM
EXISTING CIP STL298 TO STM361 IN THE AMOUNT OF
$16,175 AS NECESSARY TO MEET THE MINIMUM LOCAL
MATCH
WHEREAS, the Federal Highway Administration (FHW A) Office solicited applications
for Federal Fiscal Year 2009 (FFY2009) grant funding from the Transportation, Community, and
System Preservation (TCSP) Program for projects identified by Congress; and
WHEREAS, Section 1117 of the Safe, Accountable, Flexible, Efficient Transportation
Equity Act; A legacy for users (SAFETEA-LU) reauthorized the TCSP Program through
FFY2009; and
WHEREAS, over the past several years, City staff has been working with Congressman
Filner regarding additional funding needed for ultimate improvements along the Interstate-S
corridor and as such were successful in obtaining $1,987,200 in SAFETEA-LU funds for the
corridor; and
WHEREAS, the City of Chula Vista has been awarded $237,500 in grant funding from
the TCSP Program for projects identified by Congress in Federal Fiscal Year 2009; and
WHEREAS, the $237,500 in TCSP funds would augment the previous SAFETEA-LU
funds but would allow a more refined pre-design study of the Light Rail Trolley system through
Chula Vista; and
WHEREAS, with each rail grade separation project estimated to cost approximately $3S
million, it is imperative that the design elements and potential construction impediments be
identified early in the process so that decisions can be made to minimize construction costs; and
WHEREAS, this TCSP grant will be used to determine specific design features for future
light rail trolley grade separation projects within the City of Chula Vista such as at E Street, H
Street and Palomar Street; and
10-12
WHEREAS, with at least three grade separation projects being considered and possibly
more, this would represent a future construction cost for the local agency, region, State and
Federal agencies of approximately $100 million; and
WHEREAS, this work is integral to the 2008 Regional Transportation Improvement
Program (RTIP) Project CHV30, the TCSP funds will be shown as an additional funding source
for this project and as such, the total project budget will be increased to show this additional
funding source; and
WHEREAS, project CHV30 is described as, "1-5 Multi-modal Corridor Improvement
Study" and is for conducting a study to examine multi-modal improvements to the 1-5 corridor
between the Main Street interchange and State Route 54; and
WHEREAS, an RTIP amendment will be done to revise this budget by an interfund
transfer $16,175 from existing CIP STL-298 which is on hold.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby accept a grant of $23 7,500 for Light Rail Trolley Improvement Study and
amend Regional Transportation Improvement Program Project CHV30 amending the FY 2009-
10 CIP Program and Grant Fund Program Budgets, appropriating said grant lUnds to existing
Capital Improvement Project, STM361 1-5 Multi-Modal Corridor Improvement Study and
authorizing an interproject transfer from existing CIP STL298 to STM361 in the amount of
$16,175 as necessary to meet the minimum local match.
Presented by
Approved as to form by
~/l,L hi'
Richard A. Hopkins
Director of Public Works
Bart C. Miesfeld
City Attorney
10-13
CITY COUNCIL
AGENDA STATEMENT
~ \ 'f:. (flY OF
i ~ (HULA VISTA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
9/15/09, Item-1.L
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE LETTER OF AGREEMENT AND
REQUEST FOR PROVISIONALLY ACCREDITED LEVEE (PAL)
DESIGNATION OF THE SWEETWATER RIVER AND
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE
ALL NECESSAR Y AGREEMENTS~
DIRECTOR OF PUBLIC WORKS . ~~
ASS1STANT DIRECTOR OF ENGIN ""JIl!V
CITY MANAG~ __
ASSISTANT CITY~;\NAGER SJ
4/5THS VOTE: YES D NO [gJ
SUMMARY
The Federal Emergency Management Agency (FEMA) has required that all agencies certify their
levees that provide flood protection. As part of a project to provide 100-year flood protection
along the Sweetwater River, the U.S. Army Corps of Engineers constructed channel
improvements and levees along the river west of 1-805 in the 1980's. In order to maintain the
current floodplain designation for the properties previously in the floodplain, the affected
agencies must fIrst approve the Letter of Agreement and Request for Provisionally Accredited
Levee (PAL) Designation.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed action for compliance with
the California Environmental Quality Act (CEQA) and has determined that the proposed action
qualifies for a Class 6 categorical exemption pursuant to Section 15306 (Information Collection)
of the State CEQA Guidelines, because approval of this action will lead to the City of Chula
Vista gathering and submitting data and documentation to FEMA administrators to demonstrate
that the levee systems meet FEMA requirements. Thus, no further environmental review is
necessary .
RECOMMENDATION
Council adopt the resolution.
11-1
9/15/09, Item~
Page 2 of 3
BOARDS/COMMISSIONS
Not applicable.
DISCUSSION
The Federal Emergency Management Agency (FEMA) is currently in the process of updating its
Flood Insurance Rate Maps (FIRMs) to reflect the most recent floodplain information. These
maps identify Special Flood Hazard Areas (SFHAs), which are areas within the 100-year flood
plain (the area affected by a flood which has a one percent chance of occurring in any year).
Owners of properties within SFHAs must obtain flood insurance as a condition of any mortgage
that is Federally backed, regulated or insured. The FIRMs covering the City were last revised in
1997.
As part of this process, FEMA is collecting data and documentation from levee system owners
and community officials to determine whether the levee systems meet the National Flood
Insurance Program requirements for providing protection against the 100-year flood.
Communities and levee owners have 90 days from the date that a notification letter is sent out
from FEMA administrators to enact the Letter of Agreement and Request for Provisionally
Accredited Levee (PAL) Designation. Eligible levee system owners then have up to 24 months
to submit the data and documentation required demonstrating that the levee systems meet the
FEMA requirements. These requirements include providing design information, including
analyses of embankment and foundation stability, documentation on the operation of mechanical
systems, and submittal of an officially adopted maintenance plan. During the 24-month period,
the levee system will be shown on the digital FlR1\1s as provisionally accredited and the
impacted area will be shown as having a moderate flood risk, without the requirement of flood
insurance. If the levee system cannot be shown as meeting FEMA requirements within the time
allowed, the impacted area will be shown as a flood hazard area and flood insurance
requirements will apply.
The U.S. Army Corps of Engineers constructed extensive improvements on the Sweetwater
River west of I-80S in the late 1980's (the as-built plans were completed as of December 30,
1988). These improvements included construction of a concrete trapezoidal channel with
compacted fill levees above the banks ofthe channel. The City then applied for a Letter of Map
Revision (LOMR) to amend FlR1\1 panels 1912, 1913 and 1914. The effective date of the
LOMR was October 27, 1997 (Attachment I). This action effectively removed 430 buildable
residential, commercial and industrial parcels within Chula Vista from the 100-year floodplain
and placed them in Zone B, noted as, "This area protected from the one percent annual chance
(lOO-year) f100d by levee, dike or other structures subject to possible failure or overtopping
during larger floods."
City staff was originally notified by FEMA's contractor, HDR, on February 26, 2009, that the
Sweetwater River Channel Improvements were identified as a levee system that needs to be
addressed as part of the levee certification effort. Teleconferences were subsequently held
among personnel from FEMA, HDR, San Diego County, National City and Chula Vista in order
to determine who should be the lead agency and the necessary actions to be taken. Based on
agreements between the County and the Corps of Engineers, it was determined that the County
was the levee owner and should, therefore, take the lead on the certification effort. A
notification letter and draft agreement dated July 13, 2009 was subsequently sent to the San
11-2
9/15/09, Item~
Page 3 of 3
Diego County Board of Supervisors (Attachment 2). Based on the date of the letter, it was stated
that the levee owner and a representative from each impacted community needed to sign the
agreement before October 11, 2009 (within 90 days).
It was later established that the County, National City and Chula Vista could obtain approval
from their respective boards/councils simultaneously, since this would be the only way that the
agreement could be approved by all three agencies within 90 days. A revised version of the
Letter of Agreement and request for Provisionally Accredited Levee (PAL) Designation, which
includes speCIfic information regarding the Sweetwater River levee, is attached (Attachment 3).
The City would be required to sign as the Community CEO (Chief Executive Officer). Since the
County will sign as the Levee Owner, they will take the lead in providing any required
information. It is expected that the County will expect Chula Vista and National City to pay for
a portion of costs associated with this process; however, that will require a separate agreement
and will be the subject of a separate Council action.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings
withtn 500 feet of the boundaries of the properties which are the subject of this action.
CURRENT FISCAL IMP ACT
There may be minimal impact to the General Fund. The County may have expenses related to
gathering the information required for levee certification that it would want to recoup from the
Cities of National City and Chula Vista. Since that will require a separate Council action, it will
not be authorized at this time.
ONGOING FISCAL IMPACT
If this agreement is not authorized, it will have a negative impact on the 430 Chula Vista
property owners who will be required to buy flood insurance.
ATTACHMENTS
I. Sweetwater River LOMR
2. July 13, 2009 letter to Dianne Jacob
3. Letter of Agreement and Request for Provisionally Accredited Levee (PAL)
Designation
Prepared by Elizaheth Chopp, Senior Civil Engineer, Public Works Dept,
J\EngineerlAGENDA \C AS2009\Q9-1S-Q9\P AL Levee Agreement.doc
11-3
~TTACHMENT f
Federal Emergency Managemlent Agency
Washington, D.C. 20472
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
IN REPLY REFER TO:
Case No.: 97-09-422P
Community: City of National City. California
Community No.: 060293
Panel Affected: 0005 E
Effective Date of
This Revision: AP R @ 9 1997
102-D-A
The Honorable George Waters
Mayor. City of National City
1243 National City Boulevard
National City, California 91950
Dear Mayor Waters:
This responds to a request that the Federal Emergency Management Agency (FEMA) revise the effective
Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) repon for your cOrPmunity, in accordance
with Pan 65 of the National Flood Insurance Program (NFIP) regulations. In a letter ~ated January 23, 1997,
Mr. Clifford L. Swanson, Deputy Director of Public Works/City Engineer, City o~ Chula Vista, requested
that FEMA revise the FIRM and FIS repon to show the effects of channelization and construction of levees
along the Sweetwater River from approximately 3,650 feet upstream of the San Diego Bay to just upstream
of Interstate 805 (I-80S).
All data required to complete our review of this request were submitted with letters from Mr. Swanson and
!vIr, Roger L. Daoust, Senior Civil Engineer, Department of Public Works, City of Chula Vista. Because this
I
Leuer of Map Revision (LOMR) shows the effects of a publicly sponsored flood-control project that reduces
flooding to existing development, fees were nor assessed for the review. I
We have completed our review of the submitted data and the flood data shown on the effective FIRM and FIS
repon. We have revised the FIRM and FlS repon to modify the elevations, floodplain land floodway boundary
delineations, and zone designations of the flood having a I-percent chance of being eql.\aled or exceeded in any
given year (base flood) along the Sweetwater River. As a result of the modifications, the base flood elevations
(BFEs) for the Sweetwater River decreased, and the width of the Special Flood HazardlArea (SFHA), the area
that would be inundated by the base flood, decreased. Because the base flood lis contained within the
constructed levees, the zone designation along the Sweetwater River has been revised to Zone A, an area
inundated by the base flood with no BFEs determined, and the BFEs and floodway have been removed. As
a result of the modifications along the Sweetwater River, the BFEs tor par'adise Creek ~ecreased and the width
of the SFHA decreased. The modifications are shown on the enclosed annotated dopies of FIRM Panel(s)
0005 E; Profile Panel(s) OlP, 03P, 05P, and 06P; and affected portions of the Flood,J"ay Data Table. ProfIle
Panel 02P has been deleted. This LOMR hereby revises the above-referenced panel(~) of the effective FIRM
and the affected ponions of the PIS repon, both dated August 4, 1988. I
Because this revision request also affects the City of Chula Vista and the unincorpOfated areas of San Diego
County, separate LOMRs for those communities were issued On the same date as this LOMR.
The modifications are effective as of the date shown above. The map panel(s) as liste~ above a'nd as modified
by this letter will be used for all flood insurance policies and renewals issued for y6ur community.
11-4
,
,'ii?
>
2
The following table is a partial listing of existing and modified BFEs:
Location
Existing BFE
(feet)*
Modified BFE
(feet)*
Sweetwater River:
At confluence with San Diego Bay
Approximately 3,650 feet upstream of confluence
Approximately 3,700 feet upstream of confluence'
Just upstream of 1-805
6
10
10
35
6
6
None
None
Paradise Creek:
At confluence with Sweetwater River
Approximately 130 feet downstream of D Avenue
12
12
6
12
*Referenced to the National Geodetic Vertical Datum, rounded to the nearest whole foot
Public notification of the modified BFEs will be given in the San Diego Daily Transcript on or about May 2
and May 9, 1997, A copy of this notification is enclosed. In addition, a notice of changes will be published
in the Federal Register. Within 90 days of the second publication in the San Diego Daily Transcript, a
citizen may request that FEMA reconsider the determination made by this LOMR. Any request for
reconsideration must be based on scientific or technical data. All interested parties are on notice that, until
the 90-day period elapses, the determination to modify the BFEs presented in this LOMR may itself be
modified.
Because this LOMR will not be printed and distributed to primary users, such as local insurance agents and
mortgage lenders, your community will serve as a repository for these new data. We encourage you to
disseminate the information reflected by this LOMR throughout the community, so that interested persons,
such as property owners, local insurance agentS, and mortgage lenders, may benefit from the information.
We also encourage you to prepare a related article for publication in your community's local newspaper.
This article should describe the assistance that officials of your community will give to interested persons
by providing these data and interpreting the NFIP maps.
We are processing a FIM! and FIS report for San Diego County, California and its incorporated areas in
our countywide format. The countywide FIRM and FIS report, which include flood hazard information for
your community, will become effective on JuneJ2.,_J~~}. Because the effective date has already been
established, we will not incorporate the modifications made by this LOMR into the countywide FIRM and
FIS report before they become effective. Therefore, the modifications made by this LOMR will be
superseded when the countywide FIRM and FIS report become effective. After the effective date, we will
issue a letter to revalidate the modifications made by this LOMR and revisethenewIYeffective FIR1Clnd
FISf'~rt.----------'-"-
The floodway is provided to your community as a tool to regulate floodplain development. Therefore, the
floodway modifications described in this LOMR, while acceptable to FEMA, must also be acceptable to
your community and adopted by appropriate community action, as specified in Paragraph 60.3(d) of the
NFIP regulations.
This LOMR is based on minimum floodplain management criteria established under the NFIP. Your
community is responsible for approving all floodplain development, and for ensuring all necessary permits
required by Federal or State law have been received. State, county, and community officials, based on
knowledge of local conditions and in the interest of safety, may set higher standards for construction in the
SFHA. If the State, county, or community has adopted more restrictive or comprehensive floodplain
management criteria, these criteria take precedence over the minimum NFIP criteria.
11-5
3
The basis of this LOMR is, in whole or in pan, a channel-modification project. NFIP regulations, as cited
in Paragraph 60.3(b)(7), require that communities assure that the flood-carrying dpacity within the altered
or relocated ponion of any watercourse is maintained. This provision is I incorporated into your
community's existing floodplain management regulations. Consequently, the ultimate responsibility for
maintenance of the modified channel rests with your community. I
This determination has been made pursuant to Section 206 of the Flood Disaster Protection Act of 1973
(Public Law 93-234) and is in acccrdance with the National Flood Insurance Act of11968, as amended (Title
XlII of the Housing and Urban Development Act of 1968, Public Law 90-448),42 U.S.C. 4001-4128, and
44 CFR Pan 65. Pursuant to Section 1361 of the National Flood Insurance ~ct of 1968, as amended,-
communities panicipating in the NFIP are required to adopt and enforce flOOdplain/management regulations'
that meet or exceed NFIP criteria. These criteria are the minimum requirements ~nd do not supersede any
State or local requirements of a more stringent nature. This includes adoption of the effective FIRM and
FIS repon to which the regulations apply and the modifications described in thi~ LOMR.
If you have any questions regarding floodplain management regulations for youJ. community or the NFIP
in general, please contact the Consultation Coordination Officer (CCO) for your tommunity. Information
on the CCO for your community may be obtained by contacting the Director, Miti!/ation Division of FEMA
in San Franciscc, California, at (415) 923-7177. If you have any technical questions regarding this LOMR,
please contact Mr. John Magnotti of our staff in Washington, DC, either by tel~phone at (202) 646-3932
or by facsimile at (202) 646-4596.
Enclosure(s)
cc:
The Honorable Shirley Honon
Mayor, City of Chula Vista
Mr. Bunon Meyers
City Engineer
City of National City
The Honorable Bill Horn
Chairman, San Diego County
Board of Supervisors
Mr. Kenneth C. Hanson
Senior Civil Engineer
County of San Diego
Department of Public Works
Mr. Clifford L. Swanson
Deputy Director of Public
Works/City Engineer
City of Chula Vista
Mr. Roger L. Daoust
Senior Civil Engineer
Department of Public Works
City of Chula Vista
11-6
I
Federal Emergency Management 4gency
Washington, D.C. 20472
Dear Mayor Horton:
OCT 23 1997
IN REPLY REFER TO: I
Case No.: 97-09-777V
Community: City of Chuld Vista, California
Community No.: 065021 I
Effective Date: October 27, ] 997
LOMC'-VALID I
I
I
I
The Honorable Shirley Horton
Mayor, City of Chula Vista
276 Fourth Avenue
Chula Vista, California 9] 9]0
This letter revalidates the determinations for properties and/or structures in the referenced community as
described in the Letters of Map Revision (LOMRs) and Letters of Map Amendment (LOMAs) previously
issued by the Federal Emergency Management Agency (FEMA) Gn the date(s) listed on the enclosed table.
As of the effective date shown above, these LOMRs and LOMAs will revise the ef,fective National Flood
Insurance Program (NFIP) map for the referenced community, dated June] 9, 1997, and will remain in effect
until superseded by a revision to the NFIP map panel on which the property is shown. The FEMA case
number (when available), property identifier, NFIP map panel number, and current flood insurance zone for
the revalidated LOMAs and LOMRs are listed on the enclosed table. This letter corr~cts the June ]6, ]997,
letter, which inadvertently omitted some map panel numbers on the enclosed table. Since June, we've also
made further refinements to the table to include more appropriate zone designations, as shown.
Because these revalidated LOMRs and LOMAs will not be printed or distributed to primary map users, such
as local insurance agents and mortgage lenders, your community will serve as a repository for these new data.
We encourage you to disseminate the information reflected by this letter throughout your community so that
interested persons, such as property owners, local insurance agents, and mortgage lenders, may benefit from
the information.
For information relating to LOMRs or LOMAs that are not listed on the enclosed table, please contact the
FEMA Regional Office in San Francisco, California, at (415) 923-7177. Copies of previously issued LOMRs
and LOMAs, if needed, can be obtained by contacting our Technical Evaluation Contractor, Michael Baker
Jr., ]nc., in Alexandria, Virginia, either by telephone at (703) 960-8800 or by facsimile at (703) 960-9]25.
Sincerely,
~~~}
Frederick H. Sharrocks, Jr., Chief
Hazard Identification Branch
Mitigation Directorate
Enclosure
cc: Community Map Repository
Mr. Kirk Ammerman ./
Public WorkslEngineering Division
11-7.
REVALIDATED LETTERS OF MAP CHANGE FOR CHULA VISTA, CALIFORNIA
COMMUNITY NO. :065021
CASE NO. : 97-09-777V
EFFECTIVE DATE: October 27,1997
Case No.
197 -09-393A
97 -09-422P
Date Issued Identifier
I CHULA V'S~A MAAINAtRV PARK, PARCEL 1- 550 MARINA PARKWAY
02/28/97
SWEETWATER AIVER CHANNELlZATlON
Map Panel No. New Zone
I 06073C2151 F I X (shaded) I
06073C1913F MULTIPLE
06073C1914F MULTIPLE
06073C1912F MULTIPLE
04/09/97
11-8
. liS AHEA PflOlEClEO FROM 1 HE ONE PERCENT
lNUAL CHANCE IIDO.YEAR) flOOD BY LEVEE,
_.KE on OTtlER STRUCTURES SUBJECT TO
POSSIBLE FAILURE OR OVERTOPPING LJURING
LARGER FLOODS _ '._ /
"
JOINS PANEL 1912
.If
City of Chub Vista
AREA NOT INCLUDED
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- -=- -_' THIS AREA PROTECTED FR'OM THE ONE PERCENT' - - - - - - - - - - - -
- - - ANNUAL CHANCE (1 ao. YEAR] FLOOD BY LEVEE. =- -=- -=- -= =- ~ _ __ -=- -
- - DIKE OR OTHER STRUCTURES SUBJECT TO
- POSSIBLE FAILURE OR OVERTOPPING DURING
-'LARGER FLOODS.
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EFfEGTlVE DATE:
JUNE 15, 1984
NATIONAl flOOD INSURANCE PROGRAW
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City 'of Chu1a Vista
AREA NOT INCLUDED
FIRM
FLOOD INSURANCE RATE MAP
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COMMUNITY-PANEL NUMBER
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Areas protected by levees
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APPROXIMATE SCALE
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Federal Emergency ManaJll."l1ltnl Agent.')
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600
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I
A TT ACHM'ENT Z,
U.S. Department of Homeland Security
1111 Broadway, Suite 1200
Oakl,nd. CA. 94607-4052
FEMA
July 13,2009
CERTIFIED MArr..
RETURN RECEIPT REQUESTED
Ms. Dianne Jacob
Chairwoman, San Diego County Board of Supervisors
County Administration Center
1600 Pacific Highway
San Diego, CA 92101
Dear Ms. 1acob:
This letter is in regard to the levee identified on the enclosed Levee Status Table that is accredited
on the effective Flood Insurance Rate Map (FIRM) and in the effective Flood Insurance Study
(PIS) report for San Diego County and Incorporated Areas, California. The U.S. Department of
Homeland Security's, Federal Emergency Management Agency (PEMA) is in the process of
producing an updated countywide PIS report and Digital Flood Insurance Rate Map (DFlfu\1) for
San Diego County, California. This effort is being undertaken as part of PEMA's Flood Map
Modernization Program.
Flood hazard information presented on the effecti ve FIfu\1 and in the FIS report is based, in some
areas, on flood protection provided by the levee identified on the enclosure. Based on the
information available and on the mapping standards of the National Flood Insurance Program
(NFIP) at the time that the FIS was performed, FEMA accredited the levee with providing
protection from the flood that has a I-percent-chance of being equaled or exceeded in any given
year. The I-percent-annual-chance flood also is referred to as the base flood.
For PEMA to continue to accredit the identified levee with providing protection from the base
flood, the levee must meet the criteria of the Code of Federal Regulations, Title 44, Section 65.10
(44 CFR 65.10), titled "Mapping of Areas Protected by Levee Systems" (copy enclosed).
In accordance with 44 CPR 65.IO(a), it is the responsibility of the community or other party
seeking recognition of a levee system, to provide the data defined and outlined within the
regulation. Specifically, the design and construction data provided must be certified by a
registered professional engineer or by a Federal agency with responsibility for levee design.
PEMA understands that it may take time to acquire and/or assemble the documentation necessary
to fully comply with 44 CFR 65.10. Therefore, PEMA has incorporated a process into the
schedule of Flood Map Modernization that, if needed, will provide San Diego County with
additional time to submit all the necessary documentation. Initiation of this process can take
place only if the levee owner and a representative of each impacted community sign and return
the enclosed agreement to the PEMA Region IX office within 90 days of the date of this letter
(before October 11,2009).
11-10
July 13,2009
Ms, Dianne Jacob
Page 2 on
In addition, the following must be provided:
. A copy of the adopted operation and maintenance plan for the levee; and
. Records of levee maintenance and operation, as well as tests of the mechanized interior
drainage systems, if applicable,
Completion and submittal of the agreement, as well as the operation and maintenance plan and
records, will serve as an official request that FEMA label the levee as a Provisionally Accredited
Levee (PAL) on the DFIRM and will serve as agreement that, to the best of your knowledge, the
levee meets the criteria of 44 CFR 65, 10, It is the responsibility of the levee owner to submit the
data required by 44 CFR 65,10 before FEMA can accredit the levee as providing protection from
the base flood, The completed package must be submitted to the FEMA Region IX office before
October 11,2009 for the levee to receive the PAL designation, Please note that a levee that has
maintenance deFiciencies is not eligible for PAL consideration,
By endorsing the enclosed agreement, you state that all the necessary documentation will be
provided within 2-years to comply with 44 CFR 65,10; that is before October 11,20 II. If you
are unable to submit all the documentation necessary to meet the criteria of 44 CFR 65,10 before
this date, FENIA will initiate a map revision to redesignate certain areas on the landward side of
the levee as floodprone,
Levees will be labeled as PALs during the 24-month period to convey to map users that levee
certification verification is underway, FEMA recommends that the levee owner and the impacted
communities implement outreach efforts to inform affected property owners that an assessment of
the levee is underway, FEMA also encourages the purchase of flood insurance, even though
coverage is not federally required for the areas landward of the accredited levee,
If the documentation necessary to fully comply with 44 CFR 65,10, including an existing
operation and maintenance plan and record of on-site inspection, is readily available, please
submit the data to this office, Upon receipt of your submittal, FEMA will review the data and
determine whether the levee will continue to be accredited with providing protection from the
base flood,
If the only grounds for the levee in question not currently meeting the 44 CFR 65,10 criteria or
PAL requirements are maintenance issues, then the FEMA Region IX office must be contacted by
letter to bring attention to the matter before the end of this 90-day period to submit the enclosed
PAL agreement. If you notify FEMA that the levee has known maintenance deficiencies, then a
I-year correction period can be provided to remedy these deficiencies, This I-year correction
period would begin on October I 1,2009, if you notify FEMA within 90 days of the date of this
letter. During the I-year correction period, FEMA will move forward with the current flood
hazard mapping project as if the area landward of the levee is to be located in a Special Flood
Hazard Area (SFHA); the mapped area subject to inundation by the base flood, However, FEMA
will delay issuance of the Letter of Final Determination (LFD) and effective DFIRM until the 1-
year correction period has elapsed,
For FEMA to remove the SFHA landward of the levee, the following requirements must be met
within the I-year correction period:
. All the criteria contained in 44 CFR 65,10 submitted to FEMA, ill:
. Submittal of the entire PAL application, including the following documentation:
11-11
July 13,2009
Ms. Dianne Jacob
Page 3 of3
o An agreement signed by the community and/or levee owner stating that the PAL
designation is warranted because the levee meets the requirements of 44 CFR 65.10;
o A copy of the adopted operation and maintenance plan for the levee; and
o Records of levee maintenance and operation, as well as tests of the mechanized
interior drainage systems, if applicable.
Once the I-year correction period has expired, FEMA will assess any submitted data and
determine whether any mapping revisions are necessary. If no data have been submitted within
the I-year correction period, or if the submitted data are determined inadequate, FEMA will issue
the LFD and effective DFIRM to show the area landward of a maintenance deficient levee as
located in a SFHA. However, if all of the criteria of 44 CFR 65.10 or the entire PAL application
is submitted before the I-year correction period has elapsed, then FEMA will show the levee on
the newly effective DFIRM as accredited or provisionally accredited, as applicable.
If you have additional questions regarding the specific submittal requirements, please contact
Edward Curtis, Senior Engineer, of our Risk Analysis Branch, either by telephone (510) 627-
7207 or e-mail edward.curtis@dhs.gov. We look forward to working with you and community
officials to address this important matter. If there is anything we can do to facilitate the submittal
process, please let us know.
Sincerely,
Enclosures:
. Requirements of 44 CFR Section 65.10: Mapping of Areas Protected by Levee Systems
. Letter of Agreement and Request for Provisionally Accredited Levee (PAL) Designation
and Agreement to Provide Adequate Compliance With the Code of Federal Regulations,
Title 44, Section 65.10 (44 CFR 65.10)
. Le vee Status Map
. Levee Status Table
cc: Cid Tesoro, Flood Control District Manager, San Diego County
Ron Morrison, Mayor, City of National City
Charles Nissley, Senior Civil Engineer, City of National City
Cheryl Cox, Mayor, City of Chula Vista
Elizabeth Chopp, Senior Civil Engineer, City of Chula Vista
Colonel Thomas H. Magness, US ACE, Los Angeles District
Ricardo Pineda, CA DWR, NFIP State Coordinator
Senator Boxer State Office
Senator Feinstein State Office
Representati ve Filner District Office
11-12
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11-13
36
No
San Diego County
City of Chula Vista
City of-National City
May be PAL A 1 Eligible
Al
Sweetwater River
Approximately from Interstate 805 to
Interstate 5
San Diego County
A 1: Levees not in USACE program thai are shown as providing base flood protection on an effective FIRM or LOMA, and the levee owner believes that the levee meels 44 CFR 65.10 requirements
~
~
~
-l'>
^ -.r,t.. CHMENT .3
Letter of Agreement and Request for Provisionally Accredited Levee (PAL) Designation and Agreement to
Provide Adequate Compliance with the Code of Federal Regulations, Title 44, Section 65.10 (44 CFR 65.10)
PAL Agreement Form for San Diego County
We, the undersigned, have received a letter fromFEMA dated July 13, 2009 with an enclosed "Levee Status Map"
and "Levee Status Table" and two enclosed documents titled "Title 44 of the Code of Federal Regulations (CFR),
Section 65.10 (44 CFR 65.10)" and "Requirements of44 CFR Section 65,10: Mapping of Areas Protected by Levee
Systems," We understand that FEMA is in the process of providing an updated Flood Insurance Rate Map for San
Diego County, CA and that the flood hazards around levee(s) identified on the Levee Status Map and Levee Status
Table with unique levee ill number 36 will be remapped to reflect that these levees have been designated a PAL.
This/these levee(s) or levee system(s) is/are also known as Sweetwater River.
To the best of our "..now ledge, the levee(s) identified above meet the criteria of 44 CPR 65.10 and has/have been
maintained in accordance with an adopted operation and maintenance plan. For Scenario A (non-US ACE Program)
levees, this must be evidenced by an attached Operation and Maintenance Plan and records of levee maintenance
and operation, as well as Test Records of Mechanized Interior Drainage System. We hereby submit to FEMA
within 90 days (before October 11, 2009) our agreement to provide FEMA with all the necessary information to
show that the levee(s) identified above comply with 44 CPR 65, 10. We understand that this documentation will be
provided before October 11, 201 L Providing the information described in 44 CPR 65.10 will allow FEMA to
move forward with the flood mapping for San Diego County. We fully understand that if complete documentation
of compliance with 44 CPR 65.10 is not provided within the designated timeframe of 24 months, FEMA will
initiate a revision to the Flood Insurance Rate Map for San Diego County to redesignate the area as f1oodprone.
.. Levee Owner Representative (signature):
Date:
Levee Owner Representative (print name):
Levee Owner Title/Organization (print):
Countv of San Diego, CA
Community CEO (signature):
Community CEO (print name):
Community Name (print): Citv of Chula Vista, CA
Date:
Other, if applicable (signature): Date:
Other, if applicable (print name):
ReQuired Attachments for Scenario A (non-USACE Program) Levees onJv:
. Operation and Maintenance Plan and Records
. Test Records of Mechanized Interior Drainage System
Instructions for Completing this Form:
. On this PAL Agreement Form, fill-in the levee ill numbers and Ievee(s) name/description for which the
Provisionally Accredited Levee (PAL) designation is requested. A separate PAL Agreement Form is
recommended 'for each unique levee owner/levee system, Make copies of this blank form to request PAL
designation for multiple levee systems, as necessary.
. This document is available on-line (in a PDF format that can be filled-in electronically) via the link named
"Generic PAL Agreement Form for Region IX" at http://rmc.mapmouteam.com/rmc9/FactShects.htm
Provisionally Accredited Levee (PAL) Agreement Form
11-15
I of 1
RESOLUTION NO. 2009-_
RESOLUTION OF THE CITY COlTNCIL OF THE CITY OF
CHULA VISTA APPROVING THE LETTER OF
AGREEMENT AND REQUEST FOR PROVISIONALLY
ACCREDITED LEVEE (PAL) DESIGNATION OF THE
SWEETWATER RIVER At'lD AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS TO EXECUTE ALL
N"ECESSARY AGREEMENTS
WHEREAS, as part of a project to provide protection against the 1 DO-year flood along
the Sweetwater River, the U.S. Army Corps of Engineers constructed channel improvements and
levees along the river west of 1-805. This has resulted in removing an estimated 430 parcels
from the 1 DO-year floodplain; and
WHEREAS, the Federal Emergency Management Agency (FEMA) has required that all
agencies certify their levees that provide flood protection in order to maintain their floodplain
designation for properties protected by such levees. Affected communities are required to sign a
Provisionally Accredited Levee (PAL) Agreement, which will give them two years to provide all
the technical information required by FEMA for certification; and
WHEREAS, a draft PAL agreement and notification letter dated July 13, 2009 was sent
to the County of San Diego for execution as lead agency. Copies were sent to the Cities of
National City and Chula Vista for signatures as "Community CEO (Chief Executive Officer )".
This agreement needs to be signed by all agencies and forwarded to FEMA by October 11,2009
in order for the Sweetwater River to qualify for provisionally accredited levee status; and
WHEREAS, if this agreement is not executed, approximately 430 properties within the
City would be classified as being within the 1 DO-year floodplain, thereby requiring those
property owners with federally backed, regulated or insured mortgages to acquire flood
msurance.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the letter of agreement and request for Provisionally Accredited
Levee (PAL) designation of the Sweetwater River and authorize the Director of Public Works to
execute all necessary agreements.
Presented by
11
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Richard A. Hopkins
Director of Public Works
11-16
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND ~L BE
FORMALLY SIGNED ill/ON AP~R ~Ar:13Y
T CITY 1 It!
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Letter of Agreement and
Request for Provisionally Accredited Levee (PAL)
Designation and Agreement to Provide Adequate Compliance with
the Code of Federal Regulations, Title 44, Section 65.10 (44 CFR 65.10)
Between the City of Chula Vista and County of San Diego
11-17
^ TT,6(~HMENT :3
Letter of Agreement and Request for Provisionally Accredited,Levee (PAL) Designation and Agreement to
Provide Adequate Compliance with the Code of Federal Regulations, Title 44, Section 65.10 (44 CFR 65.10)
PAL Agreement Form for San Diego Countv
We, the undersigned, have received a letter from FEMA dated July 13,2009 with an enclosed "Levee Status Map"
and "Levee Status Table" and two enclosed documents titled 'Title 44 of the Code of Federal Regulations (CFR),
Section 65.10 (44 CFR 65.10)" and "Requirements of44 CFR Section 65.10: Mapping of Areas Protected by Levee
Systems. " We understand that FEMA is in the process of providing an updated Flood Insurance Rate Map for San
Diego County, CA and that the flood hazards around levee(s) identified on the Levee Status Map and Levee Status
Table with unique levee ill number 36 will be remapped to reflect that these levees have been designated a PAL.
This/these levee(s) or levee system(s) is/are 'also known as Sweetwater River.
To the best of our knowledge, the levee(s) identified above meet the criteria of 44 CFR 65.10 and haslhave been
maintained in accordance with an adopted operation and maintenance plan. For Scenario A (non-USACE Program)'
levees, this must be evidenced by an attached Operation and Maintenance Plan and records of levee maintenance
and operation, as well as Test Records of Mechanized Interior Drainage System. We hereby submit to FEMA
within 90 days (before October 11,2009) our agreement to provide FEMA with all the necessary information to
show that the levee(s) identified above comply with 44 CFR 65.10. We understand that this documentation will be
provided before October 11, 2011. Providing the information described in 44 CFR 65.10 will allow FEMA to
,move forward with the flood mapping for San Diego County. We fully understand that if complete documentation
of compliance with 44 CFR 65.10 is not provided within the designated time frame of 24 months, FEMA will
initiate a revision to the Flood Insurance Rate Map for San Diego Counry to redesignate the area as floodprone.
Levee Owner Representative (signature):
Date:
Levee Owner Representative (print name):
Levee Owner Title/Organization (print):
Countv of San Diego. CA
Community CEO (signature):
Communiry CEO (print name):
Community Name (print): Citv of Chula Vista. CA
Date:
Other, if applicable (signature): Date:
Other, if applicable (print name):
Required Attachments for Scenario A (non-USACE Program) Levees only:
. Operation and Maintenance Plan and Records
. Test Records of Mechanized Interior Drainage System
Instructions for Completing this Form:
. On this PAL Agreement Form, fill-in the levee ill numbers and levee(s) name/description for which the
Provisionally Accredited Levee (pAL) designation is requested. A separate PAL Agreement Form is
recommended for each unique levee owner/levee system. Make copies of this blank form to request PAL
designation for multiple levee systems, as necessary.
. This document is available on-line (in a PDF format that can be filled-in electronically) via the link named
"Generic PAL Agreement Form for Region IX" at http://rmc.mapmodteam.com/rmc9/Fact Sheets,hrm
Provisionally Accredited Levee (PAL) Agreement Form
11-18
I of 1
C;..:ti.f;
CITY COUNCIL
AGENDA STATEMENT
~\~ CI1YOF
'-~ CHULA VISfA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
9/15/09, Item 1'2.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING A GRANT OF $204,300 FOR STATE SAFE
ROUTES TO SCHOOL FUNDING CYCLE 8 FOR PEDESTRIAN
FACILITIES AT LAUDERBACH ELEMENTARY SCHOOL,
AMENDING THE FY 2009-10 CIP PROGRAM AND SAFE ROUTE
PROGRAM FUND BY ESTABLISHING A NEW CAPITAL
IMPROVEMENT PROJECT, STM368 LAUD ERBACH ELEMENTARY
SCHOOL PEDESTRIAN IMPROVEMENTS, APPROPRIATING
$204,300 IN GRANT FUNDS TO STM368 At"lD AUTHORIZING AN
INTERPROJECT TRAt"lSFER OF $25,480 IN MATCHING FUNDS
FROM TF345 INTO STM368 ~.
DIRECTOR OF PUBLIC WORKS t1;'; .
CITY MANAGER _
ASSISTANT CITY NAGER SJ
4/5THS VOTE: YES [g] NO D
SUMMARY
California legislated a Safe Routes to School (SR2S) program in 1999 with the enactment of AB
1475. The goals of the program are to reduce injuries and fatalities to schoolchildren and to
encourage increased walking and bicycling among students. On March 24, 2009 Council
authorized staff to submit applications for three projects. The State recently notified staff that
the City has been awarded a grant of $204,300 for improvements at the Lauderbach Elementary
School to enhance pedestrian safety.
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 (c) categorical exemption pursuant to Section 15301 (Existing Facilities) of the
State CEQA Guidelines because the proposal involves negligible or no expansion of an existing
use. Thus, no further environmental review is necessary.
RECOMNlENDATION
Council adopt the resolution.
12-1
9/15/09, Item~
Page 2 of 3
BOARDS/COMMISSIONS
Not applicable.
DISCUSSION
The Safe Routes to School (SR2S) program began in 1999 with the enactment of Assembly Bill
147S. The purpose of the program is to increase the number of children who walk or bicycle to
school by funding projects to improve safety and remove the barriers that prevent children from
doing so. A call for Cycle 8 grant applications was announced on January IS, 2009. Based on
the data gathered through Walk San Diego's community walking audit effort at 36 elementary
schools, which has been funded through Capital Improvement Program (CIP) project TF362,
staff prepared three applications for pedestrian improvements and traffic calming in the
neighbors in the vicinity of three elementary schools: Lauderbach, Montgomery, and Rice.
On March 24, 2009, Council approved Resolution 2009-061, which authorized staff to submit
grant applications for State Safe Routes to School funding for improvements at these three
locations (Attachment 1). Individual CIP projects were not created at that time; since it was not
known which projects would receive grant funding. However, it was assumed that the matching
funds would be provided from the City's TransNet allocation.
On August 11,2009, City staff received a letter bye-mail from Caltrans stating that the City of
Chula Vista had been awarded $204,300 in SR2S funds out of the Fiscal Year 2008-09 allocatIOn
for the Lauderbach Elementary School project (Attachment 2). The City's grant application
provided a description of the location, scope and funding for this project (Attachment 3). The
specific location of the project would be at the location of Fourth Avenue and Orsett Street. The
scope of work was described as follows:
The scope of work of the proposed project consists of installing traffic calming devices
which includes but is not limited to advanced warning signs with beacons, school zone signs,
curb bulb outs for safe crossing, striping, pedestrian signal/buttons, Portland Cement Concrete
monolithic sidewalk, curb and gutter, driveways, ADA pedestrian ramps, asphalt concrete
pavement, traffic control, and other miscellaneous items of work necessary for the project.
The application estimated the grant funds to be $204,270, with a local match of $2S,480. In
order to appropriate the matching funds from TransNet without amending the 2008 Regional
Transportation Improvement Program (RTIP), the funds must be taken from an RTIP project that
fits the project description. Project CHV33 is described as, "field identification and installation/
constmction of traffic calming devices in public school zones, such as traffic control devices (for
example, flashing beacons), signs, striping and minor street improvements." For Fiscal Year
2009-10, $130,000 was allocated to CHV33 and subsequently appropriated into TF34S, Traffic
Calming Program, as part of the approved Capital Improvement Program (CIP). The mtent of
this CIP project has been partly to serve as a funding source to provide a local match for traffic-
related grant opportunities.
Staff recommends that a new CIP project be created: STM368 Lauderbach Elementary School
Pedestrian Improvements. Both the $204,300 in grant funds and $2S,480 in TransNet funds will
be transferred into thIS project, for a total project funding of$229,780.
12-2
9/15/09, Item f2-
Pagc3of3
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 properties, which are the subject ofthis action.
CURRENT FISCAL IMPACT
There is no impact to the General Fund. Staff recommends creating; a new ClP, STM368
Lauderbach Elementary School Pedestrian Improvements and appropriating State Safe Routes to
School Grant funds in the amount of $204,300 to the project and authorizing an interproject
transfer of Trans Net funds in the amount of$25,480 from existing CIP TF345 to STM368 for the
local match. '
ONGOING FISCAL IMPACT
Once the proj ect has been constructed, there may be minor routine maintenance costs.
ATTACHMENTS
1. Resolution 2009-061
2. August 11, 2009 letter to Richard Hopkins from Erwin Gojuangco, Caltrans
3. Safe Routes to School (SR2S) Program Application (8th Cycle)
Prepared by. Elizabeth Chopp, Senior Civil Engineer. Public Works Dept.
J:\Engineer\AGENDA\CAS2009\09-15-09\Safe Routes To School Grant Accept:mce.ml.doc
12-3
ATTACHMENT
J
RESOLUTION NO. 2009-061
RESOLUTION OF THE ClTY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SUBMITTAL OF GRANT
APPLICATIONS FOR STATE SAFE ROUTES TO SCHOOL
FUNDING CYCLE 8 TO IMPROVE PEDESTRlAN
FACILITIES AT VARIOUS ELIGIBLE LOCATIONS
WHEREAS, Safe Routes to School (SR2S) is a California legislated program which was
enacted by Assembly Bill 1475; and
WHEREAS, the goals of the program are to reduce injuries and fatalities to
schoolchildren and to encourage increased walking and bicycling among students; and
WHEREAS, a call for Cycle 8 grant applications was announced on January 15,2009
and are due to the Caltrans District Office by April 15, 2009; and
WHEREAS, City staff recommends applying for state grant funds and has identified
three locations in which to correct missing infrastructure such as sidewalks, curbs, gutters and
pedestrian ramps; and
WHEREAS, these locations are: (i) at the intersection of Fourth Avenue and Palomar
Street, adjacent to Lauderbach Elementary School; (ii) at the intersection of Fourth Avenue and
Montgomery Street, near Montgomery Elementary School; (iii) and Moss Street between Third
Avenue and Fourth Avenue.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the submittal of grant applications for state Safe Routes to School
Funding Cycle 8 to improve pedestrian facilities at various eligible locations.
Presented by
Approved as to form by
12-4
Resolution No. 2009-061
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 24th day of March 2009 by the following vote:
AYES:
Councilmembers:
Bensoussan, Castaneda, McCann, Ramirez, and Cox
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
Cheryl~l~
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA)
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2009-061 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 24th day of March 2009.
Executed this 24th day of March 2009.
D!~:'i'ci,~
12-5
STATE OF CAUFORN1A-BUSTNESS TRANSPORTATJON AND HOTjSrnO AGENCY
ARNOLD SCHWARZENEGGER Governor
DEPARTMENT OF TRANSPORTATION
District 11
4050 Taylor Street, MS 124
San Diego, CA 92110
PHONE (619) 278-3756
FA]( (619)220-5432
TDD 711
ATTACHMENT
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,
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Flex your power!
Be energy efficiellt!
August 11, 2009
Mr. Richard Hopkins
Director of Engineering/City Engineer
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910-2631
Subject: State-Legislated Safe Route to School (SR2S) Program
Dear Mr. Hopkins:
Congratulations! The following project has been approved for funding under Cycle 8 ofthe SR2S
Program:
City of Chula Vista - Lauderbach Elementary School
$204,300 SR2S Funds Awarded for Fiscal Year (FY) 2008-09
106 projects were selected out of the 455 applications submitted. Funding for Cycle 8 of the
SR2S Program covers FY 2008-09 and FY 2009-10 with $24.25 million available in each Fiscal
Year:
Caltrans selected the highest scored projects with the earliest delivery schedule up to the funding
target from the $24.25 million approved for FY 2008-09. The remaining selected projects will be
funded after the SR2S Program funding is made available from the FY 2009-10 budget.
All projects included in Cycle 8 will be funded with State Highway Account funds. The City of
Chula Vista's project is funded in FY 2008-09 and we encourage you to submit your Request for
Allocation immediately.
As an incentive to expedite delivery, agencies with projects to be funded with FY 2008-09 funds
that do not submit their Request for Allocation by November 30,2009 may risk their funds being
exchanged with agencies awarded FY 2009-10 funds (with projects that are ready to start).
To view the complete project list along with implementation guidelines, please visit the Safe
Routes to School Website at:
www.dot.ca.gov/hq/LocaIPrograms/saferoutes/sr2s.htm
"Caltrans improves mobility across California"
12-6
Mr. Richard Hopkins
Director of Engineering/City Engineer
City of Chula Vista
August 11, 2009
Page 2
If you have project-related questions, please feel free to contact Wei Xia, Associate Local
Programs Engineer, at (619) 278-3734, or by email atweixia@.dot.ca.gov.
If you have program related questions, please contact Joyce Parks, Caltrans SR2S Program
Manager. She can be reached at (916) 653-6920 or by email atJoyceParks(ci).dot.ca.gov.
Sincerely,
~
Erwin Gojuangco
District Local Assistance Engineer
C: Merce LeClair, Senior Management Analyst, City of Chula Vista
"Caltrr:ms improves mobility across California'>'
12-7
ATTACHMENT :3
EXHmlT A
STATE-LEGISLATED SAFE ROUTES TO SCHOOL (SR2S) PROGRAM
ApPLICA nON (8TH CYCLE)
Please read the Safe Routes to School Program Guidelines available on the SR1S website and pay
special attention to Section 7 - Application Form Instructions - while preparing this application. An
incomplete or altered application format will be disqualified from further review. The entire application
package, including attachments, shall not exceed 30 pages.
This page must be the first page of the application. Applications must be stapled in the upper left
hand comer. Applications bound by any other means will not be accepted, e.g. binders, protective
covers, spiral threading, etc. A transmittal letter, if submitted, should be attached to the application with
a removable binder clip.
I. ApPLICATION INFORMATION
Applicant (Agency): CITY OF CHULA VIST}\, C.",LIFORNIA
Caltrans District: 11
Address: 276 Fourth Avenue
City: Chu1a Vista County: San Diego Zip: 91910
Contact Person: Merce LeClair, S,enior Management Anal yst
Phone: (619) 409-1965 Ext:
E-Mail: mdelrosario@ci.chula-vista.ca.us
Metropolitan Planning Organization (MPO): San Diego Association of Governments
(SANDAG)
II. PROJECT INFORtWATION
School Names(s): LAUDERBACH ELEMENTARY SCHOOL
School District(s): CHULA VISTA ELEMENTARY SCHOOL DISTRICT
Amount of SRlS funds requested: $204,270,00
Project Description: Provide a brief description of the proposed project improvements i.e. Construction
of new sidewalks, curb ramps, and crosswalks; installation of bicycle racks and lockers in Jonesville
Middle School.
The scope of work of the proposed project consists of installing traffic
calming devices but not limited to advanced warning signs with beacons,
school zone signs, curb bulbouts for -?afe crossing, striping, pedestrian
signal/buttons, Portland Cement Concrete monolithic sidewalk, curb and
gutter, driveways, ADA pedestrian ramps, asphalt concrete pavement, traffic
control, and other miscellaneous items of work necessary for the project.
Last Revised: January, 2009
1
12-8
Project Location: Provide a brief description of the generallocation(s) of the proposed project i.e. The
intersection of First Street and Second Street in the City of Jonesville.
Lauderbach Ele~entary School: The intersection of Orsett Street and Fourth
Avenue. The student attendance population for Lauderbach Elementary School
is approximately 799 students. Fourth Avenue is an eight-foot (80') wide
collector street with four lanes (2 per direction), which carries Average
Daily Traffic of more than 14,000 (2007). High traffic volu~es in
combination with 85'" percentile speeds well above the posted 35-mph speed
limit, and an allowed parking on both sides of the street make pedestrian
crossing of this street difficult.
State Legislative District of project location:
Senate District: !Q. Assembly District: 78 & 79
No more than 3 applications may be submitted by a single agency. Total number of project applications
being submitted: l
If more than one application is being submitted, what is the priority of this application? 2
Improvement categories included in the proposed project: (check all that apply)
IS] Pedestrian Facilities 0 Bicycle Facilities
IS] Traffic Control Devices IS] Traffic Calming and Speed Reduction
IS] Public Outreach and Education 0 Other (describe)
Ill. PROJECT COST ESTIMATE
SR2S Local Funds Other Funds Total Cost
Funds
Preliminary Engineering
Environmental $2,500.00 $0.00 $0.00 $2,500.00
PS&E $45,000.00 $10,000.00 $0.00 $55,000.00
Right of Way
Engineering $0.00 $0.00 $0.00 $0.00
Appraisals, Acquisitions & Utilities $000 $0.00 $0.00 $0.00
Construction
Construction Engineering $19,300.00 $1,163.64 $0.00 $20,463.64
Construction (1) $114,400.00 $12,000.00 $0.00 $126,400.00
Public Outreach & Education (2)
Includes education, enforcement, and
encouragement activities. $4,500.00 $0.00 $0.00 $4,500.00
Subtotal $185,700.00 $23,163.64 $0.00 $206,363.64
Contingency'" $18,570.00 $2,316.36 $0.00 $20,636.36
Total Project Cost (4) $204,270.00 $25,480.00 $0.00 $227,000.00
Last Revised: January, 2009
2
12-9
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING A GRANT OF $204,300
FOR STATE SAFE ROUTES TO SCHOOL FUNDING
CYCLE 8 FOR PEDESTRIAN FACILITIES AT
LAUDERBACH ELEMENTARY SCHOOL, AMENDING
THE FY 2009-10 CIP PROGRAtVl AND SAFE ROUTE
PROGRAM FUND BY ESTABLISHING A NEW
CAPITAL IMPROVEMENT PROJECT, STM368
LAUDERBACH ELEMENTARY SCHOOL PEDESTRIAN
IMPROVEMENTS, APPROPRIATING $204,300 IN
GRANT FUNDS TO STM368 AND AUTHORIZING AN
INTERPROJECT TRANSFER OF $25,480 IN MATCHING
FUNDS FROM TF345 INTO STM368
WHEREAS, on March 24, 2009, Council approved Resolution 2009-061,. which
authorized staff to submit grant applications for State Safe Routes to School (SR2S) funding for
improvements at three locations.' It was proposed that the matching funds would be provided
from the City's TransNet allocation; and
WHEREAS, on August II, 2009, staff received correspondence from Caltrans stating
that the City of Chula Vista had been awarded $204,300 in SR2S funding for the Lauderbach
Elementary School project, which includes construction of traffic calming and pedestrian
improvements at Fourth Avenue and Orsett Street. Local matching funds of $25,480 are
required; and
WHEREAS, as part of the Fiscal Year 2009-10 Capital Improvement Program, $130,000
from the City's TransNet allocation was appropriated into TF345. Sufficient funds are therefore
available in this project to provide the required local match of $25,480.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby accept a grant of $204,300 for State Safe Routes to School Funding Cycle 8
for Pedestrian Facilities at Lauberbach Elementary School, amend the FY 2009-10 CIP Program
and Safe Route Program Fund by establishing a new Capital Improvement Project, STM368
Lauderbach Elementary School Pedestrian Improvements, appropriate $204,3 00 in grant funds to
STM368 and authorize an interproject transfer of $25,480 in matching funds from TF345 into
STM368.
Presented by
Approved as to form by
.~ /)L ~
Bart Miesfeld
City Attorney
Richard A. Hopkins
Director of Public Works
12-10
CITY COUNCIL
AGENDA STATEMENT
..'
,.
~\ft.. CITY OF
. ~- (HUlA VISTA
SEPTEl'vIBER 15,2009, Item /3
SUBMITTED BY:
COJ\tL.\1ENT LETTER REGARDING THE MARINE LIFE
PROTECTION ACT INITIA!~
DEPUTY CITY MAL"AGE~ DEVELOPMENT SERVICES
DIRECTOR ~
CITY MANAGER /r
ITEM TITLE:
REVIEWED BY:
4/5THS VOTE: YES D NO 0
SUMMARY
The Marine Life Protection Act (MLP A) was designed to assemble a network of Marine
Protected Areas throughout California's coastline. The MLPA Initiative efforts in
Southern Cahfornia propose to designate some or all of the San Diego South Bay as a
State Marine Conservation Area, Park or Reserve. Staff has prepared a comment lettcr
regarding this Initiative and is requesting Council to authorize the Mayor to sign and
transmit the letter (Attachment 1) to the California Natural Resources Agency and the
California Department ofFish and Game.
ENVIRONMENTAL REVIEW
Not applicable
RECOMMENDATION
That the City Council authorize the Mayor to sign and transmit the comment letter on
behalf of the Clly.
BOARDS/COMMISSION RECOMMENDA nON
Not apphcable
DISCUSSION
The MLP A was signed into law in 1999 and directs the state to examine and redesign
California' systems of marine protected areas in order to increase the Department of Fish
and Game's effectiveness in protecting the state's marine life, bays and estuaries. The
state is divided into three regions: North, Central and South Coast regions.
Recommendations have already been made for the North and Central coasts. The state is
13-1
September 15,2009 Item /3
Page 2 of3
now looking to establish marine protected areas from Point Conception to the USlMexico
border, which is called the South Coast region.
In each study region, several groups oversee the study process. The Regional Stakeholder
Group (Stakeholder Group) is an appointed group that develops Marine Protected Area
(MFA) proposals that are reviewed and evaluated by the Science Advisory Team, the
California Department of Fish and Game, MLP A Initiative Staff, the public and policy-
level Blue Ribbon Task Force (Task Force). The MFA proposals are then again refined
by the Stakeholder Group and then presented to the Task Force, which makes the
recommendation to the California Department ofFish and Game.
Draft versions of the MFA proposals for the south coast study region are currently being
prepared. The proposal process includes three rounds. Round 1 was completed in Spring
2009. Round 2 was just completed in June 2009 and Round 3 is currently taking place at
this time. Each round of the proposal preparation process produces alterative mapping
proposals with potential MFA designations. In Round 2 six map variations were created
and are included as Attachments 2-7. There are three different designations of marine
protected area: state marine reserve (SMR), state marine park (SMF) and state marine
conservation area (SMCA). These areas are distinguished by the type of activil1es that
are allowed. A SMR is the most restrictive designation and does not allow any fishing or
extraction activity. An SMF prohibits commercial fishing, commercial extraction and
may limit some recreational activities. A SMCA may limit commercial and/or
recreational activities. The proposals that are being considered in the area include some
or all of the San Diego South Bay as a State Marine Conservation Area, Park or Reserve.
The CDFG is responsible for implementing the MLPA and the impacts of these
designations are limited by the CDFG authority, of which extends seaward of the mean
high tide line or mouth of a coastal river out to federal waters. Anything outside this
boundary is not subject to the MLP A provisions.
Affects ofthe MLPA on South San Die20 Bav
As Council is aware, the City has been actively working together with the Port of San
Diego on developing a comprehensive land use plan for the 556-acre Chula Vista
Bayfront Master Plan. This plan has been developed in close coordination with a citizen
stakeholder group and involved over 50 pubhc outreach meetings over the course of 6
years. After extensive outreach, the City has worked with the Port of San Diego and the
community to develop a plan, which balances local needs, protection of the environment,
recreation and commerce. The City is currently working with the Port of San Diego to
finalize the Environmental Impact Report for the project. City staff has researched the
MLP A Initiative, however we are uncertain of the impacts on the South Bay and more
specifically, within the lImited coastline areas in Chula Vista. The previous proposals
that were being considered in the area include some or all of the San Diego South Bay as
a State Marine Conservation Area, Park or Reserve. Any of these designations could
potentially impact future development and recreation along our coastline.
13-2
September 15,2009 Item /3
Page 3 of3
Next Steps/Timeline
At this time, it is staffs understanding that the Stakeholder Group will be meeting on
September 9th and lOth The Stakeholder Group will continue to refine their proposals for
the South Coast Region and then prepare three (3) new proposals for consideration by the
Science Advisory Team in early October, and the Task Force in late October. A final
recommendation from the Task Force is expected to be forwarded to the CDFG
Commission in December for final action. Staff will continue to monitor these meetings
and apprise Council of any new information as it becomes available.
As discussed in the attached comment letter, concerns are raised regarding the potential
effects on the current Chula Vista Bayfront project, as well as the lack of outreach and
involvement with the local communities and jurisdictions in the MPA proposal process.
Given these concerns, the City is requesting that a presentation be provided to the City
Council prior to any final recommendations so that local concerns can be appropriately
considered.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and given that this action is a
comment letter, the. SOO-foot rule found in California Code of Regulations Section
18704.2(a)(I) is not applicable to this decision.
CURRENT YEAR FISCAL IMPACT
This item involves only a comment letter. If there are any changes in the MLPA status
change for the area, then fiscal impacts will be evaluated at that time.
ONGOING FISCAL IMPACT
Not Applicable
A TT ACHMENTS
1. Comment Letter on the Marine Life Protection Initiative
2. Round 2 Lapis I Draft MPA Proposal
3. Round 2 Lapis 2 Draft MPA Proposal
4. Round 2 Opal Draft MP A Proposal
5. Round 2 Topaz Draft MPA Proposal
6. Round 2 Revised External Proposal A
7. Round 2 Round 2 External Proposal B
Prepared by: lvJarzsa Lundstedt, Principal Planner, Development Services Department
13-3
August 30, 2009
Ken Wiseman
Executive Director
California Marine Life Protection Act Initiative
c/o California Natural Resources Agency
1416 Ninth Street, Suite 1311
Sacramento, CA 95814
Donald Koch
California Department ofFish and Game
1416 Ninth Street
Sacramento, CA 95814
SUBJECT: COMMENTS ON THE PROPOSED MARINE LIFE PROTECTION
ACT
Dear Mr. Wiseman and i'vir. Koch:
On behalf of the Chula Vista City Council, 1 am wntmg to express the City's concerns
regarding the Marine Life Protection Act (MLPA) Initiative process and the potential impacts
to the Chula Vista Bayfront and the South San Diego Bay.
The City just recently learned of the proposed MLPA Initiative, and since that time has been
working diligently to gain an understanding of the efforts and background on the current
MPLA proposals. Based on a review of the available information, we are still uncertain of
the extent of impacts on the South Bay and more specifically, on the limited coastline area
within the City of Chula Vista. The proposals that are being considered include designatmg
some or all of the San Diego South Bay as a State Marine Conservation Area, Park or
Reserve. Any of these designations could potentially impact future development,
recreational activities, and existing users along our City's coastline.
Over the course of the last six years, the City of Chula Vista has been actively working
together with the Port of San Diego on developing a comprehensive land use plan for the
556-acre Chula Vista Bayfront Master Plan. This plan has been developed in close
coordination with a citizen stakeholder group and involved over nearly 50 public outreach
meetings. After extensIVe outreach, the City has worked with the Port of San Diego and the
community to develop a plan that balances local needs, protection of the environment,
recreation and. commerce. The City is currently working with the Port of San Diego to
finalize the Environmental Impact Report for the project. A proposed MLPA designation
13-4
Page 2
Ken Wiseman and Donald Koch
August 30, 2009
within the South San Diego Bay may potentially affect the measurable progress that has been
made on this planning process.
The City of Chula Vista is concerned that local jurisdictions have not had adequate
opportunity to participate collaboratively as an active partner in the development of the
MLPA proposals for the South San Diego Bay. Although a few local public workshops were
held, this outreach effort did not fully engage all local jurisdictions that may be affected by
the proposed MLP A designations. In addition, based on a review of the available
information, it is unclear what specific activities are limited or prohibited within each MLPA
designation. The MLP A initiative for the South Coast region has proceeded on an
accelerated schedule and to date, the City Council and the local community has not had an
adequate opportunity to fully understand the specific parameters of this initiative, nor provide
meaningful comments on the draft proposals.
Given the potential implications of this initiative, the City of Chula Vista requests that a
presentation be provided to the City Council prior to any final recommendations so that
information can be distributed and comments can be appropriately considered. Please
contact the office of the City Manager, Jim Sandoval at 619-409-5997 to schedule a
presentation to the Chula Vista City Council. We look forward to being a part of this
process. Thank you for consideration of this matter.
Sincerely,
Cheryl Cox
Mayor
cc: City of Chula Vista Council Members
Catherine Reheis-Boyd, Chair Blue Ribbon Task Force Chair
Jim Sandoval, CIty Manager
Gary Halbert, Deputy City Manager/Development Services Director
Donna Toledo, Executive Secretary
13-5
.
..
.
Agua Hedionda Lagoon
SMR
.~
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Batiquitos Lagoon
SMR
t~t.-----
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California lVIarine Life
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~
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SMR
: ~
Round 2
Lapis 1 Draft MPA Proposal
La Jolla 1
SMR
; La Jolla 2
SMR
Legend
[ZA Panting MUllalY Ocsura
~propo".dSI.I.Mii"".CQn.......aIIDoAtea{SMCII)
Propo..dSIOlu Marine POlk (SMP)
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L~ITJ Propc'ed Slele Marine R."",eIIoMI M""BSemenl ^"'. ISMRMA)
5oulhCoo.ISludyR8slonBoundary
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SMCA '
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SMR
\
Point Lorna'
SMCA
@ San Diego
Coronado
Pain/Lome
Ha Sil
(South San Deigo Bay)
SMP
. Imperial BOilCh
Tijuana Estuary
SMR
This map represlilnls it draft marine protected area (MPA)
arTay{JBneratadbYllcro~s-interestworkgroupwilhlnlhe
MLPASouth COilst RllQlonal Stakeholder Group.
Thl~ df'ilrt MPA arrilY 15 underrllvlllWj Ills NOT II
recommandallon to thll California Fish and Game
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I Tijuana River Mouth
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Prolectlon Information: N . " , PrinllngDatll:61212009
A , . . . , . . . , Crualed8y:
Name: NAD 1983 California TealeAlbers ATTACHMIENT 2
ProjecUon:Albers 1:420,000 Marine Map, Cartographic Dlvlsloll UCS8
Dalum: North Arnllrlcan 1983
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; San Dieguito Lagoon,
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California Marine Lite
Protectiol1 Acl (MLPA) Il1itintive
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: Penasquitos Lagoon'
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This map repr"slInts a drolfj marlno protected Bf"il (MPA)
Ilrray generated by a cross-inleresl workgrotJp within Ihe
MLPASouth Coast Regional Slal\eholder Group.
Th[" draft MPA i1rray Is tJnd",r review; It Is NOT"
rocommendallon 10 Ihe California Fish and Game
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Prinling Data: 5/212009
CrealedBy:
"1arine Map, CartographIc DivisIon UCS8
11ermection Information:
Nama: NAD 19B3 California TealeAlbars
Plojecliun:Albef5
I Datu"" NorlhAm..rlcan 1963
""""_."',.........__"'''''''~~....,.,...,.,....._''''''''''fi__....~''"''''''''''.,......''''''''=...,.'''""''',.,.".,..,..,,._..-'''''''''-~,.~"'.....,.,...,....",".
1:420.000
....~=..,.".......~~.,. ~~,_",,,,,,,,,"~,._.,~~,,,,,,,",",;,,,,.,,,,,,-~,_,,,_,",,,,~......,.,...,,,,,,,"m...."",,,,,,,,,w,"~,"''''''''f.>'''''''~.<U''.''''W''''',,,",'B'JI';L">!''!'''I<"f<'''';M>'~
."
"
.
.
. .
Agua Hedionda Lagoon
SMR
Escondida
..~
Batiquitos Lagoon
SMR
..~
Enclnitas
SMCA
\: Endnilas
(it
I-or In,,(c d(;l..lik:!\II"3r:~; 1,1-:-" if' '<''';1(:
"Y.Y'::w,n ltJ lil.l!'~ Illj_1 p" VI fJlp).J ri l}f; I !! :.1 C'
Del Mar
SMR
San Dieguilo I
SMR !
Cnlifornin Marine Life
Protection Act (MLPA) Initintive
Solana 8each
San Diego-Scripps
SMCA
Penasquitos
SMR
Round 2
Opal Draft MPA Proposal
La Jolla
SMR
;j
legend
~P~ndrgM"IBryClosu'a
~ Proposnd Slain Marine Cons..-vellonAroa lSMCA]
Prcpo.nd SlalO Marna ?ark (SMP)
m Proposed Slain MarUla RO$BI\IB (SMR ~ No Take)
rl21 Propoud Slale Marine Rec/utlanol Manallem811IAroa (SMRMA)
SoulhCOBblmlldyR~Olo" Boundnry
Little Bird Rock;
SMR
Pain/LilJa/fa
m~
Ocean Beach
SMCA
Sunset Cliffs
SMR
@) San Diego :
South San Diego Bay
SMCA
Coronado
Cabrillo
SMR
- ;;. ~, .
~'~I
PokJ/Loma
...,
r.:
I;}' :~Impe';al Bea,h
:,. l~
.-.'"'"
,.
",
\1
Tijuana River Estuary I
SMR
This ma.p represents a drall marine protected area (MPA)
array generallld by a Cl'Oss-intllrest workgroup wlthinlho
MLPA South COilst Reglonat Stakoholdor Group.
This drat! MPA array [5 under revlow; It Is NOT a
recommendation to the Caltfornla Fish and Game
Commlssion~
Sweetwater Marsh
SMR
r Tijuana Reef
, SMCA
Tijuana River Mouth
SMR
jvlexic:CJ
Projection Information: N . " . .-. Prlnlng Date: 61212009
, . , . . . ,
Nallle: NAO 1963 Call1ornle Tllale Albers A 1:420,000 ATTACIHIMENT 4 CrealedBy:
Projection: Albers Murine Map. Carlographlc DIvision UCS8
Datum; NorthA",adcar119B3
.F"'''<I~''''''''''''--<''''''''''''''''''''''''''"''''''''''''~''''''''''''''''''''''''''''''''~''''~'''''''''' _~".......,..,,""'-n"""'Y=".''''''''''''''.''''''-'' _,.'''.......,.,.,.=L......",'''''''''''..,=.".,..._.,_..~'"'''._,..''''~_,>....,..._~-....., "_~__....--..""""...."......,..,_.'T.-.....''',."..,,."''''''''r-''__,.,...'....'''''==...."""""""'\~".",.,,,."'.,_"'_,,.,,,...,..,,...,,'=..'~.T..._......,,,, """'.
~YJr
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.
"
,
ars a
.,~
Batiquitos Lagoon
SMR
Agua Hedionda Lagoon
SMR
<l9~
San Elijo Lagoon
SMR
Swamis
SMCA
-.
~I\. Enclnllas
.,.~ Solanaaeach
{~~ ~~'~~'~::;;);;;'~.;JI;;:~~:'~':~ :~~;t;;lr;~::;'ll~~.i.~~':~'::
Del Mar
SMR
San Dieguito Lagoon
SMR
California Marine Life
Protection Act (MLPA) Initiative
La Jolla North
SMR
Round 2
Topaz Draft MPA Proposal
Los penasquitos Marsh I'
SMCA
La Jolla South Ai'
SMR PohlLaJo!iEl
Kendal Frost
SMCA
legend
\; ~Pe"d1ngMCIIIBryGl""lIre
ffD Prllllosad Slato Marina Consmvat'on Aroa (SMGAl
Proplnad5111IBMa<lnePerj((SMPj
~Propo.Bd5Ie\eMa'lneHue"'eI5MFl=NoTBke)
l~ Prq>oud 51ele Marlr1e HecrealtO<lal MiiI1agemenlA",o (SMRMAl
SOUlhCoaoISludyRoo,cn80undary
......~
.J.
San Diego Riverl
Famosa Slough
SMCA
La Jolla South
SMCA
Ocean Beach
SMCA
@ San Diego
Ocean Beach
SMR
Coronado
~
Poil' Loma
South San Diego Bay
SMCA
Thismapraprasenlsa draft marll1a plolacted arail (MPA)
BrTilY generated by iI cross-Interest wol1l group wllhln the
MLPASollth COilsl Regional Stakeholder Group.
ThIs drollt MPA array Is under revIew; Ills NOT a
recommendilllon to the California Fish and Game
CommI6slon..
Cabrillo
SMR
lijuana Estuary
SMR
.....!ll
.:r-rg;t..
Imperial Beach
SMCA
Mexico
~~,.....,~~....."'~.....m""'_.""""-"~"L.~""""""-.....-"_....,..,,,,,,,,,...........~.,.......~ ~"_,_,~",~"",~,,,,,,,,,,,,,,,~,,-,H__"""""""'_~'-'-'='."",..=.,."..,~"""""-=\lI"'''''''''''"'"'''''"'''-''''''''''''''''=''''"'='''''''''""'''''''''''~''!''"""'~'''j... It
N
A
.......
,
ATTACHMENT 5
Prinllng Date: 6/212009
CrealedBy:
Marine Map. Carlllgraphlc DIvision UCSB
Proiectlon Infonnalion:
Nama: NAO 1963 California Taale A bars
Plojocllon.Albers
Dalurn: North Arm.r1can 1993
1:420,000
~2scondido
Batiquitos Lagoon
SMR
. ..-, -.,
'''-;,:HUU~
San Elijo Lagoon
SMR
Enclnilas
_.(..~ For intH~ deI8lk~{J 111<'ID5 P;f)::l':il~ "1';1(
~) ~y.W\!y. nJ@li!lliIT!~lL1 QI_g!Jn\'!rJm~_U1i:W
-:-:'.- .~.....-
~~,,~ Solana Ueach
California Marine LifH
Protection Act (III1LPA) Initiative
Del Mar
SMR
"
San Dieguito Lagoon
SMR
1'.
Round 2
Revised External Proposal A
La Jolla
SMR
,."",,1
.;J1l
PoinlLaJolla
Legend
V?]PeodlngMilllaryClosures
G,m Proposed Slale Manne Conservallon Area (SMCAl
Proposed Slala MarlnaPark (SMP)
~~ Proposed Slela Marina Reserve (SMR = No Take)
.. I SoulhColIslSludy ROlllonBoundary
~
w
I
~
o
Ocean Beach
SMCA
Sunset Cliffs
SMR
".
@ San Diego
Coronado'
" !L
...;.:_ F'Oin'tLomiJ
~ i
Cabrillo
SMR
. Imperial Beach
TIlls nIap represents a marIna prolaclad arell (MPA)
proposlIlthlllhasbeensubmltledelllllmlllfromUla
MLPASoulh Coast Regional Stakeholder Grollp MPA
plllnnlngprocess.
lhh,extemal proposal Is llnderruview;
Ills NOT a rccommlmctallon to Ihe
Ca1Jlomia Fish ilnd Gamo CommIssion.
Oneonta Slough
SMR
\.
IlJlexic:CJ
pro1ection Information: N . '~. ,.. :..... Pl1nllng Dale: 5/29/2009
I~NamB NAD19B3CBllfomlBTealBAlbers A 1420000 ATIACHMIENT 6 ~;:~led~Y. C hi Dlvll UCSB
ProjecllonAlbers . ne ap, artograp c son
Datum NOllh Amencan 19B3
~.l':I';->>>";""R,l\',I\I.w'i~r.;ilMlr.1',~~~~C,~'1ff.t'/r~~"-!\W"L...-p:-...r.:~'l:7U.J<'1':n".:'ttA'el';'''''.A:lm't3J:W!';~~~.''''~Fl:>W.."'l.l-l.=~r:tY:l<l:';'':;Ulo~".;!tl=I:.7n;n.,..t.I~~.,"",J."'r..~=~"'~~=m:'J!:'~ij~"="""=i!l':.<"~t;I{ID'SM~!1!I!'J-rn:'~~W~ or,
G
.
,- ~
, Batiquitos Lagoon
SMP
Escondida
Agua Hedionda Lagoon
SMR
Encinitas
;~~ ~~\~~~~::_~;~ti;~~~~:~(:~;~:~, ~';~~;:i.~;~~l~~~:;;
San Elijo Lagoon
SMP
Solana l:3each
San Dieguito
Lagoon
SMR
California Marine Life
Protection Act (MLPA) Initiative
Del Mar
SMCA
!\
Round 2
Revised Edemal Proposal B
Del Mar
SMR
~
PoinlLa JoJla
.,
,
Legend
t'Zl PanlllO] MlIilllry CIo!Ures
bm Proposed Slate Ma(~B Con5Cfoallol1Noe (SMeAl
Proposed Slnla Manne Pe'k(SMPj
n Propo.ed S1at"Mef~e Re.."ve (SIAR..No Take)
[::"l P'Ol'o.ed Slale Marine llacmBUonal Management ^"'. (SMHMA)
!--"SoUlhCoeSlsludyRaglor1noundery
La Jolla
SMCA
.....".,...--J/
w
I
~
~
San Diego-Scripps
SMCA
Ocean Beach
SMCA
.'.
@ San Diego
Coronado
Sunset Cliffs
SMR
i.
PrWllL~8
~
Sweetwater Marsh
SMR
Mia J Tegner
SMCA i
Imperial Beach
South San Diego Bay
SMP
This map rllprll50nts a marine prole&lod area (MPA)
proposal Ihat hll5been suhmitted eKternalfrom the
MLPA South Coast Regional Stakeholder Group MPA
plannlngproc:e!>!i.
This IlKternal prcpcsal Is under review;
it is NOT a recommendation to the
Callfornla fish Plld Game Commls!llon.
--
J1J18;~ic;CJ
~
N
A
u
.
,~,
,
ATTACHMENT 7
Ptillllrog Dale: 512912009
Created By:
Murine Map, Car\o9raphlc Divlslan UCSB
Proiection Infonnation:
Nama: NAD 1963 Calaornl.. Teale Albero
Projection: Albers
Datum: North Amerl""" 1983
1420,000
'" .,',~
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
CITY COUNCIL
AGENDA STATEMENT
~\~ CITY OF
._~ (HULA VISTA
SEPTEMBER 15, 2009, ItemJ.!:L
PUBLIC HEARING: Consideration of the Final Second Tier
Environmental Impact Report (EIR 07-01) for the Otay Ranch
Eastern Urban Center Sectional Planning Area Plan and Tentative
Map.
RESOLUTION: EIR 07-01 of the City Council of the City of
Chula Vista making certain Findings of Fact; adopting a
Statement of Overriding Considerations; adopting a Mitigation
Monitoring and Reporting Program and certifYing the Final
Second Tier Environmental Impact Report (EIR 07-01) for the
Otay Ranch Eastern Urban Center Scctional Planning Area (SPA)
Plan and Tentative Map (TM) pursuant to the California
Environmental Quality Act
DEPUTY g:qry MAt,,"AGERlDIRECTOR OF DEVELOPMENT
SERVIC~ ~
CITY MANAGER T-
4/STHS VOTE: YES D NO 0
SUMMARY
In accordance with the requirements of the California Environmental Quality Act (CEQA),
a Second Tier Environmental Impact Report (EIR), CEQA Findings of Fact, and Mitigation
Monitoring and Reporting Program (MMRP) have been prepared for the Otay Ranch
Eastern Urban Center (EUC) Sectional Planning Area (SPA) Plan and Tentative Map (TM)
(collectively, Project). Written comments were received during the public review period,
and responses to the comments are included in the Final EIR. This staff report discusses the
content of the Final EIR. The City Council must consider the Final EIR before taking any
action on the EUC SPA Plan and TM.
ENVIRONMENTAL REVIEW
The Final Second Tier EIR for the EUC SPA and TM has been prepared in accordance
with the Statc CEQA Guidelines and the Environmental Review Procedures of the City
of Chula Vista.
14-1
September 15,2009, Item It./-
Page 2 of 8
RECOMlYlENDATION
That the City Council hold the public hearing and adopt the Resolution.
BOARDS/COMMISSION RECOMMENDATION
On July 8, 2009, the Planning Commission held a public hearing to close the 45-day
public review period for the draft EIR. Attached are the July 8, 2009 Planning
Commission minutes (Attachment 1). One commenter spoke at the hearing, but the
comments did not address the adequacy of the draft EIR. Comments received during the
public hearing, as well as any written comments received during the public review period
have been responded to in the Final EIR (Attachment 2)
On August 26, 2009, the Planning Commission adopted Resolution No. EIR 07-01
recommending the City Council certify that the Final Second Tier Environmental Impact
Report (EIR 07-01) for the Otay Ranch Eastern Urban Center Sectional Planning Area
Plan and Tentative Map has been prepared in accordance with CEQA, the State CEQA
Guidelines and the Environmental Review Procedures of the City of Chula Vista; making
certain Findings of Fact; adopting a Statement of Overriding Considerations; and
adopting a Mitigation Monitoring and Reporting Program.
DISCUSSION
McMillin Otay Ranch LLC has submitted an application requesting approvals for a EUC
SPA Plan and TM. The Second Tier EIR evaluates the environmental effects of the
proposed Project. The SPA Plan and TM propose development of a maximum of 2,983
multi-family dwelling units and approximately 3.5 million square feet of non-residential
uses over a period of 20 years on approximately 207 acres. Also called out in the SPA
plan are community purpose facilities, sites for a fire station, an elementary school and a
library, parks, and a Bus Rapid Transit corridor. The proposed development is consistent
with the Chula Vista General Plan and Otay Ranch General Development Plan.
CEOA Compliance
The Project EIR has been prepared in accordance with CEQA (public Resources Code
Section 21000 et seq.) and the City of Chula Vista's Environmental Review Procedures.
Pursuant to Section 21067 ofCEQA and Sections 15367 and 15050 through 15053 of the
State CEQA Guidelines (CEQA Guidelines), the City of Chula Vista (City) is the Lead
Agency under whose authority this EIR has been prepared.
Because of the size, complexity of issues and extended buildout time frame of the
development of Otay Ranch, both the planning and environmental documentation
associated with Otay Ranch were tiered from the general to the specific. The first tier of
planning and approvals included approval of the Final Otay Ranch GDP/SRP and
associated Program EIR (90-01). EIR 90-01 was prepared and certified jointly by the City
and County of San Diego in 1993. EIR 90-01 was certified with the intent that the
14-2
September 15,2009, Item If
Page 3 of 8
individual SPA planning projects within Otay Ranch would be reviewed as "second-tier"
projects pursuant to Section 15152 of the CEQA Guidelines. Under such tiering
principles, the proposed EUC SPA and TM are analyzed at a second-tier level of review
(project level). The Project EIR incorporates by reference and serves as a second-tier
EIR to EIR 90-01 as well as its associated Findings of Fact and Mitigation Monitoring
and Reporting Program.
The City of Chula Vista City Council adopted an updated General Plan on December 13,
2005 (Resolution Nos. 2005-424, 2005-425, 2005-426). The City's General Plan outlines
goals, policies and objectives for land use in the City in response to the community's
vision for the City. The General Plan also guides day-to-day City decision making to
ensure that there is continuing progress toward the attainment of General Plan goals.
Portions of the Otay Ranch GDP were updated as part of the General Plan Update
process. Included as part of that update were revisions to the policies and land uses
prescribed for the EUe. As such, the Proj ect EIR also incorporates by reference and
serves as a second-tier EIR to the General Plan Update EIR (EIR 05-01).
Comments on the Draft EIR
The Draft EIR was circulated for a 45-day public review period. On July 8, 2009, the
Planning Commission held a public hearing to close the public review period for the
Draft EIR. A representative from the San Diego Gas & Electric Company (SDG&E)
commented on the project as a whole, but not the adequacy of the Draft EIR. Attached
are the minutes of the July 8, 2009 Planning Commission hearing (Attachment I).
Letters of comment were received on the Draft EIR from the following agencies and
individuals:
USFWS/CDFG
Department of Transportation, District II (Caltrans)
Department of Toxic Substances Control
County of San Diego Department of Planning and Land Use
City of San Diego, Engineering and Capital Proj ects Department
City of San Diego, Environmental Services Department
San Diego Gas & Electric
San Diego County Archaeological Society, Inc.
Bryan Felber, Chula Vista Resident
Nancy Ash, Chula Vista Resident
Theresa Acerro, Chula Vista Resident
Comments received during the public hearing, as well as the written comments received
during the 45-day public review period and the City responses have been responded to in
the Final EIR (Attachment 2).
14-3
September 15, 2009, Item N
Page 4 of 8
Additional Revisions to Draft EIR
Staff observed minor typographical errors and inconsistencies in the Draft EIR during the
public review period. Corrections and clarifications have been made in the Draft EIR,
and the Final EIR reflects the corrected information. None of the minor corrections and
clarifications resulted in modifications to conclusions regarding significance of impacts
or the addition of significant new information that would require recirculation of the EIR
pursuant to CEQA Guidelines Section 15088.5.
Findings of the Final EIR 07-01
The Final EIR identified a number of direct and indirect significant environmental effects
(or "impacts") that would result from the proposed SPA Plan and TM. Some of these
significant effects can be fully avoided through the adoption of feasible mitigation
measures. Other significant effects cannot be avoided by the adoption of feasible
mitigation measures or alternatives.
Summary of Environmental Impacts
The following discussion contains a summary of the impact conclusions for the
Final EIR. Direct (project level) and cumulative impacts (effects from the Project
and other past, present and possible future projects which when considered
together are considerable or which compound or increase other environmental
impacts (CEQA Guidelines Section 15130)) are identified and divided into three
categories: significant/cumulatively considerable and unmitigated,
significant/cumulatively considerable and mitigated to less than significant, and
less than significant/not cumulatively considerable. Cumulative impacts are
cumulatively considerable when the incremental effects of the Project are
significant when viewed in connection with the effects of past projects, the effects
of other current projects, and the effects of probable future projects (CEQA
Guidelines Section 15065(a)(3)).
Sigllificallt alld Ullmitigated Impacts
. Landform Alterations/Aesthetics: Aesthetic impact associated with the
permanent change in the open space character of the project site to a permanent
urban use. Landform Alteration! Aesthetics impacts would be direct and
cumulative.
. Air Quality: Emissions ofVOC, NO" CO, PMIO and PM2.5 exceeding regional
significance threshold standards and non-compliance with the current Regional
Air Quality Strategy (RAQS). Air quality impacts would be direct and
cumulative.
14-4
September 15, 2009, Item fit
Page 5 of 8
. Agriculture: The permanent loss of approximately 207 acres Farmland of Local
Importance, with the loss of approximately 59 acres of adjacent Farmland of
Local Importance under Grading Option 1 (SSA) and approximately 28.5 acres
under Grading Option 2. Impacts on agricultural resources would be direct and
cumulative.
· Wastewater: The proposed project in combination with other foreseeable growth
could require sewage treatment beyond the City's existing wastewater treatment
capacity rights and allocated additional treatment capacity. As the location and
scope of construction for any future expanded or newly developed treatment
facilities is unknown, the development of treatment capacity may result in
potentially significant and unavoidable impacts associated with construction of
new or expanded treatment facilities. This wastewater impact would be direct
and a cumulative impact ofthe project.
. Transportation: Significant cumulative impacts on the following three freeway
segments (1) northbound Interstate 805, between Telegraph Canyon Road and
Olympic Parkway (2020 and 2030); (2) southbound Interstate 805, between
Telegraph Canyon Road and Olympic Parkway (2015, 2020, and 2030): and (3)
southbound Interstate 805, between Olympic Parh."Way and Main Street (2030).
The traffic impacts would be cumulative impacts, but not direct impacts of the
project.
. Noise: The project and related projects represented by the General Plan EIR
could exacerbate noise levels to a magnitude that significantly impacts receivers
where traffic volumes could increase more than 3 dB, particularly at key
intersections. Although project-specific mitigation measures would reduce noise
impacts to less than significant level, as the cumulative noise increase could
exceed the 3.0 dBA, noise impacts are considered cumulatively considerable and
unavoidable. The noise impacts would be cumulative impacts, but not direct
impacts of the project.
. Archaeological Resources: The project and related projects could result in
significant impacts on archaeological resources that may be uncovered during
development. The project has proposed mitigation measures to reduce project-
related impacts on cultural resources to a less than significant level. However,
while any individual project may avoid or mitigate the direct loss of a specific
resource, the effect of the project in combination with related projects would be
considered cumulatively considerable and unavoidable. The impact on
archaeological resources would be cumulative, but not direct.
. Water Supply: The regional water supplier has concluded that water available to
service the proposed proj ect would be adequate; however, impacts associated
14-5
September 15, 2009, Item /1
Page 60f8
with water supply and infrastructure are considered cumulatively considerable,
in accordance with the General Plan EIR. The General Plan EIR concluded that,
as there is no assurance that water would be available to adequately serve the
projected increase in population, water impacts would be significant and
unmitigated. The impact on water supply would be cumulative, but not direct.
All feasible mitigation measures have been required of the Project with respect to
these impacts. Although in some instances these mitigation measures may
substantially lessen these significant impacts, adoption of the measures will not
fully avoid the impacts. Therefore, to approve the project, the City must adopt
Findings of Fact and a Statement of Overriding Considerations pursuant to
CEQA Guidelines Sections 15043, 15091 and 15093 (Attachment 3). This
provision allows a Lead Agency to find that the adverse environmental effects
are considered "acceptable" and approve the project that will result in the
occurrence of significant effects when, based upon substantial evidence, the Lead
Agency finds that specific economic, legal, social, technological or other benefits
of a proposed project outweigh the unavoidable adverse environmental effects.
Significant and Mitigated to Less than Significant
Significant impacts were identified in the following environmental issue areas,
and mitigation measures were required in the EIR to reduce the impacts to less
than significant. A Mitigation Monitoring and Reporting Program has been
prepared to ensure that the mitigation measures will be implemented in
accordance with specified monitoring requirements.
o Aesthetics (direct - impact on scenic roadway; light and glare)
o Transportation (direct - impacts on bOlmdary intersections and street
segments; consistency with the Public Facilities Finance Plan)
o Air Quality (direct - exposure to toxic air contaminants from traffic on SR-
125)
o Noise (direct - construction and on-site stationary noise; exterior noise on
sensitive uses)
. Biological Resources (direct and cumulative - impact on resources during
grading)
o Agricultural Resources (direct - concurrent agricultural activity adjacent to
sensitive uses)
. Hydrology and Water Quality (direct and cumulative - quantity and quality of
surface runoff)
o Geology and Soils (direct and cumulative - unstable soils; erosion; seismicity)
. Archaeological Resources (direct - impact on resources during grading)
. Paleontological Resources (direct and cumulative - impact on resources
during grading)
. Schools (direct and cumulative - school facilities provided commensurate with
14-6
1';1
September 15, 2009, Item~
Page 7 of8
growth)
· Fire (direct and cumulative - fire protection provided commensurate with
growth)
. Police (direct and cumulative - police protection provided commensurate with
growth)
. Parks, Recreation and Open Space (direct and cumulative -parkland provided
commensurate with growth)
· Water Supply (direct - provision of water commensurate with growth)
. Sewer Service (direct - provision of sewer service commensurate with
growth)
. Hazards and Risk of Upset (direct and cumulative - fuel storage at the on-site
fire station; construction worker exposure to contaminated soils; airport-
related hazards from tall structures; wildfire hazard; hazardous waste)
. Library Services (direct and cumulative -library services provided
commensurate with growth)
. Global Climate Change (direct and cumulative - "best practices" to reduce
project-related GHG emissions)
Less than Significant Impacts
Less than significant impacts were identified in the following environmental issue
areas:
· Land Use (direct and cumulative - consistency with plans and policies; land use
compatibility)
. Solid Waste (direct and cumulative - solid waste services commensurate with
growth)
· Housing and population (direct and cumulative - consistency with projected
housing and population generated by the project)
· Mineral Resources (direct and cumulative - no significant mineral deposits
affected)
DECISION MAKER CONFLICT
No Property within 500 feet:
Staff has reviewed the property holdings of the City Council members and has found no
property holdings within 500 feet of the boundaries of the property that is subject to this
action.
CURRENT YEAR FISCAL IMP ACT
The processing costs for the SPA Plan, Tentative Map and all supporting documents were
funded by a developer deposit account. This account funded city staff and consultants
representing the city who worked on the EVC.
14-7
September 15,2009, ItemK
Page 8 of8
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact associated with the Final EIR 07-01 since carrying out
the MMRP will be funded by a developer deposit account. Please see the Fiscal Impact
Analysis in the SPA Plan documents.
ATTACHMENTS
1. Minutes of Planning Commission Hearing - July 8, 2009
2. Final EIR 07-01 (2 bound volumes or CD with Summary previously distributed to
Councilmembers and available in the Office of the City Clerk)
a. Comments and Responses
b. Mitigation Monitoring and Reporting Program
3. Findings of Fact and Statement of Overriding Considerations
Prepared by: Marni Borg, Environmental Projects Manager, Development Services
Department
14-8
ATTACHMENT 1
MINUTES OF THE
PLANNING COMMISSION
OF THE CITY OF CHULA VISTA
6:00 p.m.
July 8, 2009
Council Chambers
276 Fourth Avenue
Chula Vista, California
CALL TO ORDER: 6:05:27 PM
ROLL CALL / MOTIONS TO EXCUSE:
Members Present: Tripp, Clayton, Moctezuma, Vinson, Spethman,
Thompson, Felber
INTRODUCTORY REMARKS: Read into the record by Chair Tripp
APPROVAL OF MINUTES: June 10, 2009
MSC (Thompson/Clayton) (5-0-1-1) to approve minutes of June 10, 2009 as
submitted. Motion carried with Cmr. Thompson abstaining and Cmr. Moctezuma
absent for the vote.
ORAL COMMUNICATIONS: No public input.
CONSENT AGENDA: None
PUBLIC HEARINGS:
2. Public Hearing:
EIR 07-01; Close of the public review period for the
Draft Second Tier Environmental Impact Report for the
Eastern Urban Center Sectional Planning Area (SPA)
Plan and Tentative Subdivision Map.
Verbatim Transcript:
B. Tripp
Project Manager is Marni Borg and my notes on this indicates that the
purpose of this is to open the public hearing and take any comments
from the public and then to close the public hearing. We are here to
take oraL comment only and close the hearing. There will be no
response to comments or questions; staff will put the information in
14-9
Planning Commission
-2-
July 8, 2009
writing and provide a written transcript. With that, Marni, please
proceed. Welcome.
M. Borg
Thank you again, my name is Marni Borg, I'm the Senior Planner for
the Eastern Urban Center commonly known as the EUC Second Tier
Environmental Impact Report. This evening we are here to hold a
public hearing to hear oral comments on the adequacy of the EUC
Draft EIR and to close the forty-five day public comment period. The
public review period for the Draft EIR will terminate at the close of the
public hearing this evening.
Briefly, the proposed EUC Sectional Planning Area SPA Plan Area
comprises approximately 207 acres located east of and adjacent to
SR-125 south of and adjacent to Birch Road, west of and adjacent to
Eastlake Parkway and north of the future extension of Hunte Parkway.
The EUC Draft EIR contemplates the phased development of a
maximum of 2,983 multi-family dwelling units and 3.5 million square
feet of non-residential uses over a period of twenty years. The
proposed development is consistent with the Chula Vista General Plan
and Otay Ranch General Development Plan, thus no amendments to
these planning documents are required.
At this time staff is recommending that the Planning Commission open
a Public Hearing to hear oral comments on the adequacy of the Draft
EIR. The comments should be limited to environmental issues related
specifically to the information presented in the Draft EIR. All
comments received these evening, including those made by the
Planning Commission will be considered and addressed in writing as
part of the Final EIR. A future Public Hearing will be scheduled before
the Planning Commission to consider the project along with the Final
EI R. Staff requests that any project-specific questions be held until
such meeting. No motion or vote by the Planning Commission is
necessary this evening; the 45 day public review comment period on
the Draft EIR will end with the closing of the public hearing tonight.
This concludes my presentation.
B. Tripp Thank you Marni. We dci have one speaker slip, Mr. Ahmad Solomon
representing SDG&E. I'd like to open the Public Hearing. Sir, we're
here to receive your comments. Questions will not be addressed, but
to the extent that you have any comments, please proceed. If you
need more than five minutes; I don't have a problem with that.
A. Solomon Thank you; I will not need five minutes; I appreciate it. I just wanted to
attend this meeting state that SDG&E does not oppose the EUC SPA
Plan, however, we would like to continue working with the City as well
as the developer in siting an electric facility that can serve the future
14-10
Planning Commission
-3-
July 8,2009
growth planned in this particular development. We are available for
any questions or concerns in the future; I know there is none tonight.
So, we will absolutely make certain that the project team is available to
address any questions or concerns the Planning Commission or City
staff may have with respect to our particular request. Thank you.
B. Tripp
Are the any more members of the public that would wish to be heard
on this item? Seeing none I will close the public review period. No
motion or vote is required, therefore, this item is concluded. Thank you
Marni; it was very concise and thorough; appreciate that.
End of transcript.
Submitted By:
Diana Vargas
Secretary to the Planning Commission
14-11
ENVIRONMENTAL IMPACT REPORT
FOR THE
EASTER1~ URBAN CENTER
SECTIONAL PLANNING AREA PLAN
AND TENTATIVE MAP
CEQA FINDINGS OF FACT
AND
ATTACHMENT 3
ST ATEMENT OF OVERRIDING CONSIDERATIONS
September, 2009
SD?UB\BMILLER\385141.2
14-12
TABLE OF CONTENTS
Section
Page
I. INTRODUCTION AND BACKGROUND
II. ACRONYMS
III. PROJECT DESCRIPTION
IV. BACKGROUND
V. RECORD OF PROCEEDINGS
VI. FINDINGS REQUIRED UNDER CEQA
VII. MITIGATION MONITORING PROGRAM
VIII. SIGNIFICANT EFFECTS Ai\!D MITIGATION MEASURES
LANDFORM ALTERATION/AESTHETICS
TRANSPORTATION
AIR QUALITY
NOISE
CULTURAL RESOURCES
BIOLOGICAL RESOURCES
AGRICULTURAL RESOURCES
I
2
10
12
14
16
19
19
25
28
34
39
45
50
59
SDPUBIBMlLLER \38514 l.2
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HYDROLOGY AND WATER QUALITY
GEOLOGY AND SOILS
UTILITIES AND PUBLIC SERVICES
HAZARDS AND RISK OF UPSET
GLOBAL CLIMATE CHANGE
IX. CUMULATIVE SIGNIFICANT EFFECTS & MITIGATION MEASURES
X. FEASIBILITY OF POTENTIAL PROJECT ALTERNATIVES
NO PROJECTINO DEVELOPMENT ALTERNATIVE
REDUCED DENSITY ALTERNATIVE
ADJUSTED LAND USE MIX ALTERNATIVE
ENVIRONMENT ALL Y SUPERIOR AL TERNA TIVE
XI. STATEMENT OF OVERRIDING CONSIDERATIONS
61
64
66
78
80
82
91
94
96.
99
101
103
11
SDPUBIBMILLER1385141.2
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BEFORE THE CHULA VISTA CITY COUNCIL
RE: Eastern Urban Center Sectional Planning Area and Tentative Maps Environmental
Impact Report (EIR); SCH #2007041074; EIR 07-01.
FINDINGS OF FACT
I.
INTRODUCTION AND BACKGROUND
The Final Environmental Impact Report (Final EIR) prepared for the Eastern Urban Center
Sectional Planning Area Plan and Tentative Map project addresses the potential environmental
effects associated with implementation of the project. In addition, the Final EIR evaluates three
alternatives to the proposed project: the No Project Alternative (Alternative I), the Reduced
Density Alternative (Alternative 2), and the Adjusted Land Use Mix Alternative (Alternative 3).
The Final EIR represents a second tier EIR, in accordance with Public Resources Code Section
21094, and tiers from the certified Program EIR prepared for the Otay Ranch General
Development Plan (EIR 90-01lSCH #89010154) and the General Plan Update ErR (EIR 05-01;
SCH #2004081066).
These findings have been prepared in accordance with requirements of the California
Environmental Quality Act (CEQA) (Pub. Resources Code, 9 21000 et seq.), the CEQA
Guidelines (Cal. Code Regs., Title 14, 9 15000 et seq.), and local CEQA guidelines.
SDPUBIBM1LLERI385141.2
14-15
AAQS
ACOE
ADT
AF
AGL
AMR
AMSL
AQIP
APCD
ATCM
BA
BCC
BCH
BMPs
BO
BRT
CAA
CAAQS
CAFE
CalEPA
Cal/OSHA
Caltrans
CARB
CAT
CBC
CCAR
CCR
II.
ACRONYMS
Ambient Air Quality Standards
Army Corps of Engineers
average daily traffic
acre feet
above ground level
American Medical Response
above mean sea level
Air Quality Improvement Plan
San Diego Air Pollution Control District
Airborne Toxic Control Measure
Biological Assessment
Bird of Conservation Concern
1,2,3,4,5,6-Hexachlorocyclohexane
best management practices
Biological Opinion
Bus Rapid Transit
Clean Air Act
California Ambient Air Quality Standards
corporate average fuel economy
California Environmental Protection Agency
California Occupational Safety and Health Administration
California Department of Transportation
California Air Resources Board
California Climate Action Team
California Building Code
California Climate Action Registry
California Code of Regulations
2
SDPUBIBMLLLER1385141.2
14-16
CDFG
CEC
CEQA
cfs
CGS
Cf4
CHHSL
CHRlS
CIP
City
CMP
CNDDB
CNEL
CNG
CNPS
CO
CO2
CPF
CPTED
CRA
CSC
CVESD
CVFD
CVMC
CVP
CVPD
CVPL
CVT
CWA
CWC
California Department ofFish and Game
California Energy Commission
California Environmental Quality Act
cubic feet per second
California Geologic Survey
methane
California Human Health Screening Level
California Historical Resources Information System
Capital Improvements Program
City of Chula Vista
Congestion Management Program
California Natural Diversity Database
community noise equivalent level
compressed natural gas
California Native Plant Society
carbon monoxide
carbon dioxide
Community Purpose Facilities
Crime Prevention through Environmental Design
Colorado River Aqueduct
California Species of Special Concern
Chula Vista Elementary School District
Chula Vista Fire Department
Chula Vista Municipal Code
Central Valley Project
Chula Vista Police Department
Chula Vista Public Library
Chula Vista Transit
Clean Water Act
California Water Code
3
SDPUBIBMULER\385141.2
14-17
dB(A)
DDE
DDT
DMA
DOC
DRB
DRC
DTSC
DWR
EB
EE
EDR
EDUs
EIR
EIS
EPA
ERC
ERNS
ESA
EUC
FAA
FAR
FBC
FCP
FESA
FIA
FIRM
FMMP
GCC
GFS
A-weighted decibels
4,4' -dichlorodi phenyl-dichloroethylene (pesticide)
dichlorodiphenyltrichloroethane (pesticide)
Drainage Management Areas
California Department of Conservation
Design Review Board
Design Review Committee
Department of Toxic Substances Control
California Department of Water Resources
eastbound
Environmental Element
Environmental Data Resources, Inc.
Equivalent Dwelling Units
environmental impact report
environmental impact statement
Environmental Protection Agency
Environmental Review Coordinator
Emergency Response Notification System
Environmental Site Assessment
Eastern Urban Center
Federal Aviation Administration
floor area ratio
Form Based Code
Frac-Out Contingency Plan
Federal Endangered Species Act
Fiscal Impact Analysis
Flood Insurance Rate Maps
Farmland Mapping and Monitoring Program
global climate change
gross square feet
4
SDPUBIBMILLER\385141.2
14-18
GHG
GM
GDP
GME
GMO
GMOC
GPU
gpd
GRP
GWP
H2S
HCM
HCP
HFC
HHW
HMP
HRA
IESNA
IMPs
IRP
LEED
Ldn
Lmax
LMV
LOS
LUST
LUT
MBTA
METRO
mgd
greenhouse gas
Growth Management
General Development Plan
Growth Management Element
Growth Management Ordinance
Growth Management Oversight Commission
General Plan Update
gallons per day
General Reporting Protocol
global warming potential
hydrogen sulfide
2000 Highway Capacity Manual
Habitat Conservation Plan
hydrofluorocarbon
Household Hazardous Waste
Hydromodification Management Plan
health risk assessment
Illumination Engineering Society of North America
Integrated Management Practices
Integrated Water Resources Plan
Leadership in Energy and Environmental Design
day-night average noise level
maximum noise level
low-medium village
level of service
Leaking Underground Storage Tanks
Land Use and Transportation Element
Migratory Bird Treaty Act
Metropolitan Wastewater System
million gallons per day
5
SDPUBIBMILLER\385141.2
14-19
MLD
MOE
mph
MSCP
MSL
MTS
MWD
NAAQS
NAHC
NCCP
NEPA
NHPA
NOz
N20
NOP
NOx
NPDES
03
OCP
OEHHA
OHP
OVRP
OWD
Pb
PC
PCSI
PFC
PFDIF
PFFP
PFS
most likely descendent
measurement of effectiveness
miles per hour
Multiple Species Conservation Program
mean sea level
Metropolitan Transit System
Metropolitan Water District of Southern California
national ambient air quality standards
Native American Heritage Commission
California Natural Community Conservation Planning
National Environmental Policy Act
National Historic Preservation Act
nitrogen dioxide
nitrous oxide
Notice of Preparation
nitrogen oxide
National Pollutant Discharge Elimination System
ozone
OrganocWorine Pesticide
Office of Environmental Health Hazard Assessment
California Office of Historic Preservation
Otay Valley Regional Park
Otay Water District
lead
Planned Community zone
Poggi Canyon Sewer Improvement
perfluorocarbon
Public Facilities Development Impact Fee
Public Facilities Financing Plan
Public Facilities and Services Element
6
SDPUB\BMILLER\385141.2
14-20
PLDO
PL WTP
PM25
PM 10
ppm
PRC
PRG
PRMP
PZ
QCB
RAP
RAQS
RCP
RCRA
RHB
RMTS
RMP
ROD
RPA
RTP
RTIP
RWCWRF
RWQCB
SAMP
SANDAG
SB
SBWRP
SCAPCD
SCAQMD
SCH
Park Land Dedication Ordinance
Point Lorna Wastewater Treatment Plant
2.5-micron particulate matter
I O-micron particulate matter
parts per million
Public Resources Code
Preliminary Remediation Goal
Parks and Recreation Master Plan
Pressure Zone
Quino checkerspot butterfly
Remedial Action Plan
Regional Air Quality Standards
Regional Comprehensive Plan
Resource Conservation and Recovery Act
Radiological Health Branch
Rock Mountain Trunk Sewer
Resource Management Plan
Record of Decision
Reasonable and Prudent Alternative
Regional Transportation Plan
Regional Transportation Improvement Program
Ralph W. Chapman Water Recycling Facility
Regional Water Quality Control Boards
Subarea Master Plan
San Diego Association of Governments
Senate Bill
South Bay Water Reclamation Plant
San Diego Air Pollution Control District
South Coast Air Quality Management District
State Clearinghouse
7
SDPUBIBM[LLER1385 [4[.2
14-21
SCIC
SCSL
SDAB
SDCW A
SDNHM
SCRWQCB
SE
sf
SF6
SFP
SHPO
SIP
SLM
S02
SOx
SPA
SR
SRP
SSA
STLC
SUHSD
SUSMP
SWP
SWPPP
SWRCB
TACs
TDIF
TDM
TM
TSS
South Coastal Information Center
Salt Creek Sewer Lateral
San Diego Air Basin
San Diego County Water Authority
San Diego Natural History Museum
California Regional Water Quality Control Board San Diego Region
State Endangered Species
square feet
sulfur hexafl uoride
State Fully Protected
State Historic Preservation Officer
State Implementation Plan
Sound Level Meter
sulfur dioxide
sulfur oxides
Sectional Planning Area
State Route
Subregional Plan
Soils Stockpiling Area
Soluble Threshold Limit Concentration
Sweetwater Union High School District
Standard Urban Storm water Mitigation Plan
State Water Project
Storm Water Pollution Prevention Plan
State Water Resources Control Board
Toxic Air Contaminants
Transportation Development Impact Fee
Transportation Demand Management
Tentative Map
Technical Sewer Study
8
SDPUBIBMILLER\385141.2
14-22
TTLC
TWS
UBC
J-lglm3
ULFT
URMPs
USACE
USEPA
USFWS
UWMP
V/C
VFR
VMT
VOCs
WB
WBIC
WCP
WPP
WRI
WSA
WSA&VR
WQTR
ZA
Total Threshold Limit Concentration
Technical Water Study
Uniform Building Code
micrograms per cubic meter
ultra low-flow toilet
Urban Runoff Management Plans
U.S. Army Corps of Engineers
United States Environmental Protection Agency
U.S. Fish and Wildlife Service
Urban Water Management Plan
volume to capacity ratio
Visual Flight Rules
vehicle miles of travel
volatile organic compounds
westbound
Residential Weather-Based Irrigation Controller
Water Conservation Plan
Wetlands Protection Program
World Resources Institute
Water Supply Assessment
Water Supply Assessment and Verification Report
Water Quality Technical Report
Zoning Administrator
9
SDPUB\BMILLER\385141.2
14-23
III.
PROJECT DESCRIPTION
The Eastern Urban Center (EUC) SPA Plan ("SPA Plan") project presents a development plan
for the McMillin Otay Ranch, LLC ownership within the EVC of the Otay Ranch GDP. The
SPA Plan allows for a total of 2,983 multi-family dwelling units, a maximum of 3.487 million
square feet of non-residential floor area; approximately 16 acres of urban parks; an
approximately 5- to 6-acre elementary school site; an approximately one-acre fire station site;
and approximately 30 acres of street right-of-way. A minimum of 10 percent of the total
dwelling units within the SPA Plan will provide housing for low and moderate-income
households. The SPA Plan is consistent with and implements the Otay Ranch GDP and Chula
Vista General Plan. The proposed project includes a Tentative Map (TM) to create the initial
subdivision of the site and implement street standards and infrastructure requirements. Site-
specific development will require the future design approval for the allowable uses.
Three off-site components, which involve short-term construction activities, are associated with
the project. These include the Soils Stockpiling Area (SSA), Salt Creek Sewer Lateral (SCSL)
Improvement, and the Poggi Canyon Sewer Improvement (PCSI). The SSA would receive fill
soils from the EVC under Grading Option 1, one of the SPA Plan's two grading options; the
SCSL Improvement involves installation of 173 feet of 15-inch diameter sewer line and two
additional manholes on an existing line; and the PCSI involves the installation of 110 linear feet
of 21-inch diameter sewer pipe. Grading Option 2 balances quantities of earthwork within the
project site and a portion of the remainder.ofthe EVC which would include Streets A, B, C and
M and the future Hunte Parkway right-of-way. The action to which this EIR applies is approval
of the SPA Plan, the TM; and off site SSA, SCSL, and PCSI components. In approving the
proposed project, the City would allow for development of the project in accordance with the
General Plan and Otay Ranch GDP goals and policies.
DISCRETIONARY ACTIONS
The discretionary actions to be taken by the City Council of the City of Chula Vista ("City")
include the following:
o Certification of a Final EIR and adoption of a Mitigation Monitoring and Reporting
Program pursuant to the California Environmental Quality Act (CEQA).
o Adoption ofthe SPA Plan and associated documents including, but not limited to:
o SPA Plan,
o Form Based Code (Planned Community District Regulations & Village Design Plan),
10
SDPUB\BMILLER\385141.2
14-24
o Public Facilities Finance Plan/Fiscal Impact Analysis,
o Air Quality Improvement Plan,
o Water Conservation Plan,
o Non-renewable Energy Conservation Plan,
o Affordable Housing Program, and
o Urban Parks, Recreation, Open Space & Trails Plan.
· Approval of Tentative Subdivision Map to establish the initial layout of residential and non-
residential lots, public facility and open space lots, and infrastructure requirements for the
EUC.
Potential future discretionary actions may include approval and adoption of a Parks Agreement
and a Development Agreement. If it is determined that either of the Agreements deviates from
the impacts analyzed in this EIR, additional environmental review will be conducted prior to
approval of the Agreement, in accordance with CEQA. In addition, this EIR may be used by
other responsible agencies to implement the proposed project, including the Regional Water
Quality Control Board and California Department ofFish and Game.
PROJECT GOALS AND OBJECTIVES
As specified in the Final EIR, the objectives of this project include:
o Implement the goals, objectives, and policies of the Chula Vista General Plan,
particularly the Otay Ranch General Development Plan.
o Implement Chula Vista's Growth Management Program to ensure that public facilities
are provided in a timely manner and financed by the parties creating the demand for, and
benefiting from, the improvements.
o Foster development patterns which promote orderly growth and prevent urban sprawl.
. Maintain and enhance a sense of community identity within the City of Chula Vista and
surrounding neighborhoods ofOtay Ranch.
· Establish unique urban standards for administration, streets, parking, parks, lighting, on-
site signing, setbacks, heights, and other development requirements to achieve an urban
place that sets itself apart from surrounding suburban villages.
11
SDPU8IBMILLER\385141.2
14-25
· Establish a high density, mixed-use regional urban center which also reserves a public
transit right-of-way (ROW or easement), and transit stops for extension of the San Diego
regional public transit system to reduce reliance on the automobile to access uses within
the center and destinations served by the transit system.
. Promote synergistic uses both within the urban center and between uses in adjacent
development areas to balance activities, services and facilities.
. Contribute to the unique Otay Ranch image and identity which differentiates Otay
Ranch from other communities.
· Implement development consistent with the provisions of the Otay Ranch resource
conservation and management plans.
. Establish a flexible and responsive land use and facility plan which assures project
viability in consideration of existing and future economic cycles.
IV.
BACKGROUND
The proposed project is located within the Otay Ranch GDP, which applies to that portion of the
Otay Ranch located within the City of Chula Vista. The Otay Ranch is envisioned as master-
planned community encompassing approximately 23,000 acres located both within City of
Chula Vista and unincorporated San Diego County. The first tier of planning included the Otay
Ranch General Development Plan (GDP)/Subregional Plan (SRP), which was adopted by the
Chula Vista City Council and the San Diego County Board of Supervisors on October 28, 1993,
after an extensive planning and environmental review process. The Otay Ranch GDP/SRP
establishes goals and objectives for a broad range of residential, commercial, retail, and
industrial development. For that portion of the Otay Ranch located within the. City of Chula
Vista, development within Otay Ranch is addressed by GDP under Section 19.48 of the Chula
Vista Municipal Code. The Otay Ranch GDP was most recently updated on December 5, 2005
concurrently with the City's General Plan Update and associated General Plan Update EIR
(ErR 05-01; GPA 01-03). The EUC is a designated area, located entirely within the Otay Ranch
GDP, an element of the Chula Vista General Plan. The proposed project is fully consistent with
both the City's General Plan and Otay Ranch GDP.
Under the implementation program for the Otay Ranch GDP/SRP, SPA Plans are required to be
approved before final development entitlements can be considered. The proposed SPA Plan for
the EUC contains a Form Based Code ("FBC"), which further refines the development
standards, land plans, goals, objectives, and policies of the adopted Otay Ranch GDP/SRP. The
12
SDPUBIBMILLERI385141.2
14-26
proposed SPA Plan is provided as required by the Otay Ranch GDP and pursuant to Title 19,
Zoning, of the Chula Vista Municipal Code.
13
SDPUBIBMILLERI385141.2
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v.
RECORD OF PROCEEDINGS
For purposes of CEQA and the findings set forth below, the administrative record of the City
Council decision on the environmental analysis of this project shall consist of the following:
· The Notice of Preparation and all other public notices issued by the City in conjunction with
the project;
. The Draft and Final EIR for the project (EIR 07-01) including appendices and technical
reports;
. All comments submitted by agencies or members of the public during the public comment
period on the Draft EIR;
. All reports, studies, memoranda, maps, staff reports, or other planning documents relating to
the proposed project prepared by the City, consultants to the City, or responsible or trustee
agencies with respect to the City's compliance with the requirements of CEQA and the
City's actions on the proposed project;
. All documents, comments, and correspondence submitted by members of the public and
public agencies in connection with this project, in addition to comments on the EIR for the
project;
. All documents submitted to the City by other public agencies or members of the public in
connection with the EIR, up through the close of the public hearing;
. Minutes and verbatim transcripts of all workshops, the scoping meeting, other public
mcetings, and public hearings held by the City, or videotapes where transcripts are not
available or adequate;
. Any documentary or other evidence submitted at workshops, public meetings, and public
hearings for this project;
o All [mdings and resolutions adopted by City decision makers in connection with this project,
and all documents cited or referred to therein; and
o Matters of common knowledge to the City, which the members of the City Council
considered regarding this project, including federal, state, and local laws and regulations,
and including but not limited to the following:
- Chula Vista General Plan;
14
SDPUB\BMILLER\385141.2
14-28
Relevant portions of the Zoning Code of the City;
Otay Ranch General Development Plan (GDP);
Otay Ranch Resource Management Plan (RMP);
City of Chula Vista Multiple Species Conservation Program Subarea Plan;
Otay Ranch GDP/SRP Final EIR (EIR 0-01; SCH # 89010154); and
Genera! Plan Update EIR (EIR 05-01; SCH #2004081 066).
· Any other materials required to be in the record of proceedings by Public Resources Code
section 21167.6, subdivision (e).
The custodian of the documents comprising the record of proceedings is Donna Norris, Clerk to
the City Council, whose office is located at 276 Fourth A venue, Chula Vista, California 91910.
The City Council has relied on all of the documents listed above in reaching its decision on the
proposed project, even if every document was not formally presented to the City Councilor
City Staff as part of the City files generated in connection with the project. Without exception,
any documents set forth above but not found in the project files fall into two categories. Many
of them reflect prior planning or legislative decisions with which the City Council was aware in
approving the project (see, City of Santa Cruz v. Local Agency Formation Com. (1978) 76
Cal.App.3d 381, 391-392 [142 Cal.Rptr. 873]; Dominey v. Department of Personnel
Administration (1988) 205 Cal.App.3d 729, 738, fn. 6 [252 Ca!. Rptr. 620]. Other documents
influenced the expert advice provided to City Staff or consultants, who then provided advice to
the City Council. For that reason, such documents form part of the underlying factual basis for
the City Council's decisions relating to the adoption of the SPA Plan (see Pub. Resources Code,
section 21167.6, subd. (e)(10); Browning-Ferris Indus. V. City Council (1986) 181 Cal. App.3d
852,866 [226 Cal.Rptr. 575]; Stanislaus Audubon Society, Inc. v. County of Stanislaus (1995)
33 Ca1.AppAth 144, 153, 155 [39 Cal.Rptr.2d 54]).
15
SDPUBIBM!LI .ER \385 I 41.2
14-29
VI.
FINDINGS REQUIRED UNDER CEQA
Public Resources Code section 21002 provides that "public agencies should not approve
projects as proposed if there are feasible alternatives or feasible mitigation measures available
which would substantially lessen the significant environmental effects of such projects.... ."
(Emphasis added.) The same statute states that the procedures required by CEQA "are intended
to assist public agencies in systematically identifying both the significant effects of proposed
projects and the feasible alternatives or feasible mitigation measures which will avoid or
substantially lessen such significant effects" (emphasis added). Section 21002 goes on to state
that "in the event [that] specific economic, social, or other conditions make infeasible such
project alternatives or such mitigation measures, individual projects may be approved in spite of
one or more significant effects. .. ."
The mandate and principles announced III Public Resources Code section 21002 are
implemented, in part, through the requirement that agencies must adopt findings before
approving projects for which ErRs are required [see, Pub. Resources Code, S 21081, subd. (a);
CEQA Guidelines, S 15091, subd. (a)]. For each significant environmental effect identified in
an ErR for a proposed project, the approving agency must issue a written finding reaching one
or more of three permissible conclusions. The first such finding is that "[ c ]hanges or alterations
have been required in, or incorporated into, the project which avoid or substantially lessen the
significant environmental effect as identified in the final ErR" [CEQA Guidelines, S 15091,
subd. (a)(1)]. The second permissible finding is that "[s]uch changes or alterations are within
the responsibility and jurisdiction of another public agency and not the agency making the
finding. Such changes have been adopted by such other agency or can and should be adopted
by such other agency" [CEQA Guidelines, S 15091, subd. (a)(2)]. The third potential finding is
that "[s]pecific economic, legal, social, technological, or other considerations, including
provision of employment opportunities for highly trained workers, make infeasible the
mitigation measures or project alternatives identified in the final ErR" [CEQA Guidelines, S
15091, subd. (a)(3)]. Public Resources Code section 21061.1 defines "feasible" to mean
"capable of being accomplished in a successful manner within a reasonable period of time,
taking into account economic, environmental, social and technological factors." CEQA
Guidelines section 15364 adds another factor: "legal" considerations [see also Citizens of
Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553,565].
The concept of "feasibility" also encompasses the question of whether a particular alternative or
mitigation measure promotes the underlying goals and objectives of a project [see City of Del
Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417]. '''[F]easibility' under CEQA
encompasses 'desirability' to the extent that desirability is based on a reasonable balancing of
the relevant economic, environmental, social, and technological factors" (Id.; see also,
16
SDPUBIBMILLER1385141.2
14-30
Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.App.4th 704, 715 [29
Cal.Rptr.2d 182]).
The CEQA Guidelines do not define the difference between "avoiding" a significant
environmental effect and merely "substantially lessening" such an effect. The City must
therefore glean the meaning of these terms from the other contexts in which the terms are used.
Public Resources Code section 21081, on which CEQA Guidelines section 15091 is based, uses
the term "mitigate" rather than "substantially lessen." The CEQA Guidelines therefore equate
"mitigating" with "substantially lessening" Such an understanding of the statutory term is
consistent with the policies underlying CEQA, which include the policy that "public agencies
should not approve projects as proposed if there are feasible alternatives or feasible mitigation
measures available which would substantially lessen the significant environmental effects of
such projects" (Pub. Res. Code, S 21002).
For purposes of these findings, the term "avoid" refers to the effectiveness of one or more
mitigation measures to reduce an otherwise significant effect to a less than significant level. In
contrast, the term "substantially lessen" refers to the effectiveness of such measure or measures
to substantially reduce the severity of a significant effect, but not to reduce that effect to a less
than significant level. These interpretations appear to be mandated by the holding in Laurel
Hills Homeowners Association v. City Council (1978) 83 Cal.App.3d 515, 519-527 [147
Cal.Rptr. 842], in which the Court of Appeal held that an agency had satisfied its obligation to
substantially lessen or avoid significant effects by adopting numerous mitigation measures, not
all of which rendered the significant impacts in question less than significant.
Although CEQA Guidelines section 15091 requires only that approving agencies specify that a
particular significant effect is "avoid[ed] or substantially lessen[ed]," these findings, for
purposes of clarity, in each case will specify whether the effect in question has been reduced to
a less than significant level or has simply been substantially lessened but remains significant.
Moreover, although section 15091, read literally, does not require findings to address
environmental effects that an EIR identifies as merely "potentially significant," these findings
will nevertheless fully account for all such effects identified in the Final EIR (FEIR).
In short, CEQA requires that the lead agency adopt mitigation measures or alternatives, where
feasible, to substantially lessen or avoid significant environmental impacts that would otherwise
occur. Project modifications or alternatives are not required, however, where such changes are
infeasible or where the responsibility for modifying the project lies with some other agency
(CEQA Guidelines, g15091, subd. (a), (b)).
With respect to a project for which significant impacts are not avoided or substantially lessened
either through the adoption of feasible mitigation measures or a feasible environmentally
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superior alternative, a public agency, after adopting proper findings, may nevertheless approve
the project if the agency first adopts a statement of overriding considerations setting forth the
specific reasons why the agency found that the project's "benefits" rendered "acceptable" its
"unavoidable adverse environmental effects" [CEQA Guidelines, SS 15093, 15043, subd. (b);
see also Pub. Res. Code, S 21081, subd. (b)]. The California Supreme Court has stated that,
"[t]he wisdom of approving. . . any development project, a delicate task which requires a
balancing of interests, is necessarily left to the sound discretion of the local officials and their
constituents who are responsible for such decisions. The law as we interpret and apply it simply
requires that those decisions be informed, and therefore balanced" (Goleta, supra, 52 Cal.3d
553, 576).
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VII.
MITIGATJONMONlTORING PROGRAM
As required by Public Resources Code section 21081.6, subd. (a)(I), the City, in adopting these
findings, also concurrently adopts a mitigation monitoring and reporting program ("MMRP") as
prepared by the environmental consultant under the direction of the City. The program is
designed to ensure that during project implementation, the applicant and any other responsible
parties comply with the feasible mitigation measures identified below. The program is
described in the document entitled EUC SPA Plan Mitigation Monitoring Reporting Program.
The City will use the MMRP to track compliance with project mitigation measures. The
MMRP will be available for public review during the compliance period.
The monitoring program will serve as a dual purpose of verifying completion of the mitigation
measures for the proposed project and generating information on the effectiveness of the
mitigation measures to guide future decisions. The program includes monitoring team
qualifications, specific monitoring activities, a reporting system, and criteria for evaluating the
success of the mitigation measures.
VIII.
SIGNIFICANT EFFECTS AND MITIGATION MEASURES
SummarY of Effects
The Final EIR identified a number of direct and indirect significant environmental effects (or
"impacts") resulting from the proposed project. Some of these significant effects can be fully
avoided through the adoption of feasible mitigation measures. Others cannot be fully mitigated
or avoided by the adoption of feasible mitigation measures or feasible environmentally superior
alternatives. However, these effects are outweighed by overriding considerations set forth in
Section XI below. This Section (VIII) presents in greater detail the City Council's findings with
respect to the environmental effects of the project.
The project will result in potentially significant environmental changes with regard to the
following issues: landform alteration/aesthetics; transportation, air quality, noise, archaeological
and paleontological resources; biological resources; agricultural resources, hydrology and water
quality, geology and soils; public services (fire protection, police protection, schools, library
services, and parks and recreation), utilities (water and wastewater), hazards/risk of upset, and
global climate change. These significant environmental changes or impacts are summarized in
the Executive Summary of the Draft ErR, in Table ES-I on pages ES-8 through ES-95; and are
evaluated in Section 4.0, Environmental Impact Analysis, of the Draft ErR, on pages 4.1-1
through 4.14-32. No potentially significant effects were identified for land use, mineral
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resources, solid waste, and housing and population. The proposed project would result in
significant and unavoidable direct and cumulative impacts with respect to landform/aesthetics,
air quality, wastewater, and agricultural resources, and cumulative impacts with respect to
traffic, noise, archaeological resources, and water services.
Landform A]teration/ Aesthetics
Development of the proposed SPA Plan would permanently change the undeveloped, open
character of the project site to one of high-density urbanized uses, which is considered to be a
significant and unavoidable impact. In addition, impacts with respect to shade, shadow and
wind access are potentially significant since these impacts cannot be determined until the
specific locations, sizes, and orientation of future buildings are established. The project is also
located adjacent to a small section of Hunte Parkway, a designated scenic roadway.
Development adjacent to the designated roadway has the potential to result in a significant
impact.
Transportation
Development of the proposed SPA Plan would have a significant and unavoidable cumulative
impact on northbound Interstate 805, between Telegraph Canyon Road and Olympic Parkway
(2020 and 2030), southbound Interstate 805, between Telegraph Canyon Road and Olympic
Parkway (20]5, 2020, and 2030), and southbound Interstate 805, between Olympic Parkway
and Main Street (2030). No feasible mitigation measures are available that would reduce
impacts to these freeway segments to a less than significant level. The project also has the
potential to impact off-site roadway intersections and roadway segments and project boundary
intersections. Impacts on freeway segments, off-site intersections, street segments, and project
boundary intersections, prior to mitigation, are summarized in Tables 4.3-10 through 4.3-24 in
Section 4.3, Transportation, of the Draft EIR.
Air Quality
The EUC SPA Plan would have a significant and unavoidable impact with respect to: 1)
inconsistency with the SDAPCD's currently approved RAQS (which are based in part on the
City's prior General Plan); 2) exceedance of daily significance thresholds for NOx, CO, VOC,
PMIO and PM2.5 from regional construction and operation-related emissions at milestone years
(2010, 2015, 2020 and 2030); 3) emissions of PMIO, PM2.5, above. threshold standards in the
SDAB, a non-attainment area; and 4) temporary fugitive dust during construction. No feasible
mitigation measures are available to reduce these impacts to a less than significant level. The
GDP Program EIR (EIR 90-01) identified significant short-term and cumulative impacts on
regional air quality from build out of the Otay Ranch.
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Noise
The proposed project would result in potentially significant noise impacts associated with
temporary construction, traffic, and the proposed elementary school, parks, and commercial
uses. Outdoor noise generated by schools and parks, including sports activities, is considered to
have potentially significant impact on adjacent sensitive uses. Noise impacts due to on-site
stationary sources such as roof-top HV AC equipment and the fire station and the fire station
emergency generator would be significant. In addition, an increase of 4.1 and 5.4 dBA CNEL
along the highest traveled roadway segments of Birch Road would exceed the significance
threshold standard of 65 CNEL for residential development and other noise sensitive uses.
Cultural Resources
The proposed project could result in significant impacts to archaeological resources that may be
uncovered during clearing and grading. In addition, the area has a high sensitivity for
paleontological resources. Therefore, on-site grading and off-site site preparation with either
grading option as well as off-site excavation associated with the SCSL Improvement Area have
the potential to result in significant impacts to paleontological resources. In addition, on-site
grading and off-site site preparation under either grading option as well as off-site construction
associated with the SCSL Improvement Area have the potential to result in significant impacts
to human remains.
Biological Resources
The proposed project would have a substantial direct and indirect adverse impact on sensitive
bird species protected by the MBT A and California Fish and Game Code. These include
ground nesting raptor species, such as the northern harrier and burrowing owl, occurring within
the EVC SPA Plan and SCSL Improvement Area. The northern harrier, burrowing owl, white-
tailed kite, and San Diego black-tailed jackrabbit would be impacted by the loss of 159.2 acres
of agricultural lands utilized as foraging habitat. The coastal California gnatcatcher would be
temporarily impacted within the SCSL Improvement Area. The project may have significant
indirect effects on the MSCP Preserve associated with construction noise avian breeding
seasons, water quality, introduction of non-native exotic plant species following construction,
and human intrusion. Modifications associated with the SCSL would temporarily impact 0.16
acre of Diegan coastal sage scrub. Careless placement of the temporary high line facility in
the SCSL area could significantly impact sensitive biological resources. In addition, the. .
proposed jack and bore process in the SCSL area has the potential to release of drilling fluid
(frac-out), which would significantly impact wildlife. Changes in surface runoff patterns in
the SSA have the potential to indirectly impact downstream water within the jurisdiction of the
RWQCB/CDFG or ACOE.
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The EUC SPA Plan would have an indirect, long-term, potentially significant impact related to
biological resources management unless the Otay Ranch regional open space is preserved
proportionally and concurrently with development.
Agricultural Resources
Impacts associated with the permanent removal of approximately 207 acres of designated
Farmland of Local Importance are considered significant and unavoidable. The implementation
of Grading Option I, which would transport and stockpile soils from the project site to the SSA,
would further affect approximately 59 acres of adjacent Farmland of Local Importance.
Grading Option 2, which would transport and stockpile soils to the remainder of the EUC
including the Hunte Parkway right-of-way (approximately 28.5 acres) would similarly result in
the loss of Farmland of Local Importance in this area. In addition, without implementation of
the proposed Agricultural Plan, noise, odors, insects, rodents, and chemicals associated with
interim agricultural operations on the site could create indirect, short-term, potentially
significant impacts between the agricultural uses and urban uses.
Hydrology and Water Quality
Project construction would significantly impact water quality through grading and exposure of
soils to surface water or other erosion forces. During project operation, the introduction of
urban pollutants and impermeable surfaces would significantly impact water quality associated
with surface water runoff. Significant impacts on ground water quality could also occur from
the potential presence of DDT in on-site soils and increased exposure to urban pollutants during
project operation. In addition, the SPA Plan area would be entirely developed, paved, or
landscaped; thereby, substantially replacing permeable surfaces and exposed soils with
impervious surfaces. Therefore, the proposed project would result in significant impacts
associated with increased storm water runoff and off-site erosion of downstream facilities or
flooding.
Geology and Soils
Due to the presence of potential liquefiable soils in the EUC SPA Plan area and SCSL
Improvement Area, seismic-related impacts regarding unstable soils are considered to be
potentially significant. Also, grading activities associated with either of the two grading options
in combination with future irrigation and changes in drainage could result in potentially
significant slope instabilities or landslides within the EUC SPA Plan area. Heavy seepage and
deep saturation resulting in surficial slope failures, soil erosion, and/or loss of topsoil is
considered potentially significant. In addition, loose compressible materials on the project site,
including residuum, colluvium, alluvium and the surface ofthe fill slope in the southeast portion
of the site, could become unstable as a result of the proposed project. Therefore, the potential
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for land sliding, lateral spreading, liquefaction and/or collapse is considered to be potentially
significant In addition, the predominately clayey sand and sandy clay materials within the on-
site Otay Formation have a moderate to high expansion potential. Development of structures on
these soils could create substantial risks to life or property. This is considered a potentially
significant impact.
Utilities and Public Services
Fire Services
The implementation of the SPA Plan would increase demand on fire and emergency medical
services as a result of an increase in residential population of approximately 7,696 people and
employment base associated with approximately 3.4 million square feet of non-residential
development. The increase in demand would be significant if a fully operational and
appropriately equipped and staffed fire station is not provided c,ornmensurate with the demand
on fire and emergency medical services. Fire flow requirements for individual projects within
the EVe could be significant depending upon the ultimate building height and structure type.
Police Serviccs
The eVPD currently does not meet GMOe thresholds for responses to Priority II calls. The
proposed SPA Plan would increase demand for police protection services, which could increase
response times if additional police officers are not provided commensurate with demand. This
is considered a significant impact.
School Services
Implementation of the SPA Plan increase demand on local public schools. This would result in
a significant impact on elementary schools unless construction of an elementary school
coincides with student generation and associated service demands. Provision of school facilities
is the responsibility of the school district when additional demand warrants.
Librarv Services
Implementation of the SPA Plan will increase demand on library services. This would result in a
significant impact on libraries if the proposed library wcre not provided commensurate with
demand.
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Parks. Recreation. Open Space and Trails
The proposed SPA Plan would increase demand on parks and recreational facilities. A
potentially significant impact could result if dedication of parkland and construction of new
recreation facilities does not coincide with project implementation and project population
growth.
Water Supply
The proposed SPA Plan would increase demand on future potable and recycled water supplies.
The impact to water storage and pumping facilities would be significant if construction of
facilities does not coincide with anticipated growth. OWD has approved a Water Supply
Assessment and Verification report for the project. Although it is not expected that the'increase
in demand for water would have a significant impact on the ability of OWD to provide service
to the proposed project, mitigation measures are recommended to reduce water demand and
help ensure water availability. With respect to fire flow requirements, demand is a function of
the size and materials of structures. As no structure locations or specifications are currently
available, tire flow pressure requirements cannot be calculated. Therefore, water demand with
respect to fire flow is potentially significant.
Wastewater
The proposed SPA Plan would increase demand on the off-site sewage conveyance lines and
has the potential exceed the capacity of existing lines and construction and upgrading of lines is
required. Construction of sewer facilities has the potential to result in significant short-term air
emissions, dust; noise; impacts on biological, archaeological, and paleontological resources;
erosion; and ground water contamination. In addition, the proposed project would require
sewage treatment beyond the City's existing wastewater treatment capacity rights and allocated
additional treatment capacity. Therefore, additional capacity would need to be acquired from
METRO or other sources. The means by which additional treatment capacity would be
acquired is unknown and the development of additional capacity may require construction of
new treatment facilities. As the location and scope of construction for any newly developed
treatment facilities is unknown, the development of new or expanded treatment systems may
result in a significant impact, even understanding that such projects would likely be subject to
environmental review.
Hazards and Risk of Upset
Potentially significant impacts could result from the exposure of construction workers and the
public to any OCP-containing soils in Areas A, B, and C of the EVC SPA Plan area. Exposure
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may result from any OCP-containing soils that would be released or become airborne during
excavation, be left uncovered on-site, or exported off-site. The presence of organic toxins and
gases at the future school site may exceed CVESD and state standards for public schools; thus
the project would have a potentially significant impact with respect to this threshold. Operation
of the project would involve the routine use of common landscaping, construction, and cleaning
materials that may be hazardous to the environment, if not managed according to state statutes
and manufactures' recommendations. In addition, the proposed fire station would require the
use fuel storage tanks containing hazardous materials. Hazards associated with the poor
visibility of tall structures under constmction or rooftop cranes may contribute to an airport-
related hazard, due to the proximity of Brown Field and aircraft over flight of the EUC under
VFR or circle-to-land procedures. Vacant lands in which weeds and brush have not been
controlled in close proximity to occupied uses may present a potentially significant wildfire
hazard.
Global Climate Change
The project has the potential for increased exposure to one or more of the potential adverse effects
of global wanning identified in the California Global Warming Solutions Act of 2006 particularly
regional and local increases in greenhouse gas emissions resulting from construction and operation
of the project.
Detailed Issues Discussion
LANDFORM ALTERATION/AESTHETICS
Impact:
Future development along an 89-foot portion of the project site along Hunte Parkway could be
potentially inconsistent with the City's Scenic Roadway standards.
Explanation:
General Plan Policy LUT 13.4 requires that development along the 89-foot portion of the EVC
SPA Plan adjacent to Hunte Parkway, a designated scenic roadway, be subject to design review
to ensure that the design would enhance the scenic quality of the route. The proposed project's
Form Based Code indicates a 0-I5-foot setback along the adjoining Hunte Parkway and
indicates building heights averaging 40 feet in this area; however building heights greater than
40 feet would be allowable. In accordance with the requirements of Policy LUT 13.4, and to
address a potentially significant impact on this scenic route, mitigation has been prescribed that
requires the 89-foot portion at the southeast edge of the EUC SPA Plan's District 10 abutting
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Hunte Parkway to be designed in a manner that ensures future development will enhance the
scenic quality of the route, including creating a pleasing streetscape through landscaping and
coordinated signage and utilities.
Mitigation Measure:
The following mitigation measure is feasible and is required as a condition of approval and is
made binding on the applicant through the ftndings (EIR Section 4.0, Subchapter 4.2,
page 4.2-42):
4.2-1:
Prior to approval of landscape improvement plans that involve the 89-foot portion of
the EVC SPA Plan's District 10 abutting Hunte Parkway, the Applicant shall
demonstrate to the satisfaction of the City Engineer that future development, slope
grading and landscaping, signage and utilities will enhance the scenic quality of the
route.
Finding;
As identifted in Section 4.0, Subchapter 4.2, of the EIR, pursuant to section l509l(a)(1) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the signiftcant environmental effect as identifted in the ErR to
a level ofinsigniftcance by implementation of the mitigation measure(s) listed above.
Impact:
The EVC SPA Plan would change the undeveloped, open aesthetic character of the project site
to one of high-density urbanized uses, which is considered to be a potentially signiftcant impact.
Explanation:
Development of the proposed SPA Plan would permanently change the aesthetic character of
the project site from undeveloped rolling hills and existing and former agricultural ftelds, which
have an open and somewhat natural character, to a permanent urbanized area with high-density
buildings, roadways and other permanent development. This was previously addressed in the
Otay Ranch GDP Program EIR and was determined to be signiftcant and not fully mitigated.
This change in the visual character and quality of the site is considered signiftcant. In addition,
the General Plan Update EIR concluded that the conversion of open, rolling hills to developed
condition would be cumulatively signiftcant.
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Mitigation Measure:
None.
Finding:
Pursuant to section 15091(a)(3) of the CEQA Guidelines, specific economic, legal, social,
technological, or other considerations make mitigation of this impact infeasible. Avoiding this
impact would require not developing the project, which would conflict with the City's General
Plan and the Otay Ranch Development Plan. Further discussion of this point appears in the
discussion of the "no project" alternative, see Section X, below.
Impact:
The project would have a potentially significant impact associated with shade, shadow and wind
access.
Explanation:
Shade, shadow and wind access impacts are based the relationship of future buildings to each
other. As the specific locations, sizes, and orientation of future buildings are not currently
known, this impact is considered potentially significant.
Mitigation Measure:
The following mitigation measure is feasible and is required as a condition of approval and is
made binding on the applicant through the findings (ErR Section 4.0, Subchapter 4.2, page 4.2-
42).
4.2-2:
In accordance with Section 04.04.001 of the FBC, prior to design review approval
for any structure eight stories and above, the Applicant shall prepare to the
satisfaction of the Development Services Director, a light, shadow and wind pattern
analysis demonstrating that adjacent shadow-sensitive uses are not shadowed for
more than 3 hours between 9:00 A.M. and 3:00 P.M. during the winter or for more
than 4 hours between 9:00 A.M. and 5:00 P.M. during the summer or any approved
City-standard in place at the time the light, shadow and wind pattern analysis is
performed.
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Finding:
As identified in Section 4.0, Subchapter 4.2, of the ErR, pursuant to section I 509 I (a)(1) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the ErR to
a level of insignificance by implementation of the mitigation measure(s) listed above.
TRANSPORTATION
Impact:
The project would significantly impact two intersections in the project study area during the
Horizon Year 2010; one intersection during the Horizon Year 2015, one intersection during the
Horizon Year 2020, and six intersections during the Horizon Year 2030.
Explanation:
The project's impacts on intersection service levels are summarized in Section 4.0, Subchapter
4.3, Table 4.3-10 on page 4.3-33, Table 4.3-13 on page 4.3-43, Table 4.3-16 on page 4.3-53,
and Table 4.3-19 on page 4.3-63. As shown in these summaries, the project would impact the
following intersections during Horizon Years 2010, 2015, 2020, and 2030. Traffic impacts are
based on estimated A.M. and P.M. peak hour traffic.
Horizon Year 2010 with Project:
o Intersection #7: Olympic Parkway and Brandywine Avenue
o Intersection #8: Olympic Parkway and Heritage Road
Horizon Year 20/5 with Project:
o Intersection #8: Olympic Parkway and Heritage Road
Horizon Year 2020 with Project:
o Intersection #19: Main Street and Heritage Road
Horizon Year 2030 with Project:
o Intersection # 1: Telegraph Canyon Road and Heritage Road
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. Intersection #7: Olympic Parkway and Brandywine Avenue
· Intersection #15: Birch Road and La Media Road
· Intersection # 16: Birch Road and Magdalena A venue
· Intersection #19: Main Street/Rock Mountain Road and Heritage Road
· Intersection #21: Rock Mountain Road and Magdalena A venue
Mitigation Measures:
The following mitigation measures are feasible and are required as conditions of approval and
are made binding on the applicant through the findings (EIR Section 4.0, Subchapter 4.3, page
4.3-93).
4.3-1:
4.3-2:
4.3-3:
4.3-4:
4.3-5:
Intersection #7: Prior to implementation of the first phase of the project (with 1st
EDU) at the intersection of Olympic ParkwaylBrandywine Avenue, the Applicant
shall secure or construct the re-striping of the northbound approach to include one
thru lane and one shared thru-right lane and coordinate SB 1-805 Ramps through
Brandywine on Olympic Park.'Way.
Intersection #8: Prior to implementation of the first phase of the project (with 1st
EDU) at the intersection of Olympic Parkway/ Heritage Road, the Applicant shall
secure or construct the addition of a southbound right-turn overlap phase.
Intersection #19: Prior to implementation of the third phase of the project (3,070
proposed project EDU's) at the intersection of Main Street/Heritage Road, the
Applicant shall secure or construct the addition of dual northbound and dual
eastbound right-turn lanes.
Intersection #1: Prior to implementation of the fmal phase of the project (5,270
proposed project EDU's) at the intersection of Telegraph Canyon Road/Heritage
Road, the Applicant shall secure or construct the addition of an exclusive westbound
right-turn lane and widening of the north leg to provide three thru lanes.
Intersection #15: Prior to implementation of the fmal phase of the project (at 5,270
proposed project EDU's) at the intersection of Birch Road/La Media Road, the
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4.3-6:
4.3-7:
4.3-8:
Finding:
Applicant shall secure or construct the conversion of a westbound thru lane into a
shared westbound thruIright -turn lane.
Intersection #16: Prior to implementation of the fmal phase of the project (at 5,270
proposed project EDU's) at the intersection of Birch Road/Magdalena Avenue, the
Applicant shall secure or construct the addition of an exclusive eastbound right-turn
lane.
Intersection #19: Prior to implementation of the final phase of the project (at 5,270
proposed project EDU's) at the intersection of Main StreetlHeritage Road, the
Applicant shall secure or construct the addition of a dual northbound and a dual
eastbound right-turn lanes and the addition of a dual southbound right-turn overlap
phase.
Intersection #21: Prior to implementation of the final phase of the project (at 5,270
proposed project EDU's) at the intersection of Rock Mountain Road/Magdalena
A venue, the Applicant shall secure or construct the addition of a dual southbound
left-turn lane and a dual northbound right-turn lane.
As identified in Section 4.0, Subchapter 4.3, of the EIR, pursuant to section 15091 (a)(l) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the EIR to
a level of insignificance by implementation of the mitigation measure(s) listed above.
Impact:
The project would have a potentially significant impact on the segment of Hunte Parkway
between SR-125 and Street A.
Explanation:
Impacts on street segments for Horizon Years 2010, 2015, 2020, and 2030 are summarized in
the EIR, Section 4.0, Subchapter 4.3, Table 4.3-11 on page 4.3-35, Table 4.3-14 on page 4.3-45,
Table 4.3-17 on page 4.3-55, and Table 4.3-20 on page 4.3-65. As shown in these tables, the
project would not significantly impact street segments in the study area. However, if the SR-
125/0tay River Valley interchange is not constructed, the Hunte Parkway segment between SR-
125 and Street A would operate over capacity under Year 2030 with Project conditions. As
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intersections in the study area would operate at acceptable levels of service, all other road
segments are expected to operate at acceptable levels of service.
Mitigation Measure:
The following mitigation measure is feasible and is required as a condition of approval and is
made binding on the applicant through the findings (EIR Section 4.0, Subchapter 4.3, page 4.3-
93).
4.3-9:
Hunte Parkway (SR-125 to Street A): Prior to 5,270 EDU's and if SR-125 and the
Otay Valley Road interchange is not constructed, the Applicant shall secure or
construct two awdliary lanes on this roadway segment as determined necessary by
the City Engineer.
Finding:
As identified in Section 4.0, Subchapter 4.3, of the EIR, pursuant to section 15091 (a)(1) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the EIR to
a level of insignificance by implementation of the mitigation measure(s) listed above.
Impact:
The project would significantly impact two project boundary intersections.
Explanation:
The impact of the project on boundary intersections is summarized in Section 4.0, Subchapter
4.3, Table 4.3-22 on page 4.3-71. As shown in Table 4.3-22, potentially significant impacts
under the Year 2030 Build-Out with Project scenario would occur at the following project
boundary intersections:
o Hunte Parkway and EastLake Parkway
o Hunte Park'Way and Street A
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Mitigation Measures:
The following mitigation measures are feasible and are required as conditions of approval and
are made binding on the applicant through the findings (EIR Section 4.0, Subchapter 4.3, page
4.3-93).
4.3-10:
Prior to completion of the entire project (8,035 proposed project EDU's), at the
Hunte ParkwaylEastLake Parkway intersection, the Applicant shall secure or
construct a right-turn overlap phase for the eastbound, westbound, and northbound
movements.
4.3-11:
Upon connection of Street A to Hunte Parkway, the Applicant shall secure or
construct the Hunte Parkway/ Street A intersection with a fourth eastbound through
lane, a dual northbound left-turn lane, and a southbound right-turn overlap phase.
Finding:
As identified in Section 4.0, Subchapter 4.3, of the ErR, pursuant to section 15091(a)(1) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the ElR to
a level of insignificance by implementation of the mitigation measure(s) listed above.
Impact:
The project would have a potentially significant impact with respect to consistency with the
PFFP thresholds.
Explanation:
The project's consistency with the PFFP is dependent on several variables that are out of the
control of the proposed project. Since SR-125 is not within the City's jurisdiction, it is difficult
to control the timing of the Otay Valley Road interchange construction. In addition, several
intersection and roadway segment improvements are expected to be constructed or bonded by
others in each respective scenario. Given that the timing of such improvements are by nature
not under control of the proposed project, the proposed project's consistency with the PFFP
thresholds is considered to be a potentially significant impact.
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Mitigation Measures:
The following mitigation measures are feasible and are required as conditions of approval and
are made binding on the applicant through the findings (EIR Section 4.0, Subchapter 4.3, page
4.3-93).
4.3-12:
4.3-13:
4.3-14:
Finding:
The Applicant, in cooperation with the City of Chula Vista, shall monitor the
necessary timing to construct the SR-125 and Rock Mountain Road interchange to
ensure that this improvement is constructed prior to surpassing the PFFP threshold
of 5,270 proposed project EDU's.
The Applicant shall construct or enter into an agreement with the City of Chula
Vista to construct and secure, in accordance with Section 18.16.220 of the Municipal
Code, the required street improvements, including traffic signals, prior to the
approval of the final map that contains the cumulative EDU trigger.
On-site streets and boundary intersections shall be constructed in accordance with
the PFFP. Boundary intersections shall be constructed to their full-proposed build-
out geometry when the connecting on-site links are constructed. All street
improvement plans shall show project boundary intersections to the satisfaction of
the City Engineer.
As identified in Section 4.0, Subchapter 4.3, of the EIR, pursuant to section 15091(a)(1) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the EIR to
a level of insignificance by implementation of the mitigation measure(s) listed above.
Impact:
While no significant impacts were identified along the BRT route, a mItigation measure is
recommended to ensure that the project applicant provides conduit at all intersections to
facilitate traffic movement.
Explanation:
Traffic control is proposed by the proposed project owner at each intersection within the EUC.
Based on the proposed control, the inbound BRT route would be required to stop at two all-way
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stops and one two-way stop, and would cross one signalized intersection before turning onto
right-of-way adjacent to EastLake Parkway. Also based on the proposed control, the outbound
BRT route would be required to stop at two all-way stops, two two-way stops, and would cross
one signalized intersection after entering the EVC. Therefore, even with a technique such as
traffic signal pre-emption, the inbound BRT would be required to stop at three locations and the
outbound BRT would be required to stop at four locations, in addition to the proposed BRT
stops within the EVC.
Mitigation Measure:
The following mitigation measure is feasible and is required as a condition of approval and is
made binding on the applicant through the findings (EIR Section 4.0, Subchapter 4.3, page 4.3-
93).
4.3-15:
The Applicant shall install traffic signal conduits in streets with exclusive BRT
transitways throughout the entire site so that future transit signal priority treatments
can be used and signals can be interconnected.
Finding:
As identified in Section 4.0, Subchapter 4.3, of the EIR, pursuant to section 15091(a)(1) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the EIR to
a level of insignificance by implementation of the mitigation measure(s) listed above.
AIR QUALITY
Impact:
The EVC SPA Plan would conflict with SDAPCD's currently approved RAQS, which are
based in part on the City's prior General Plan (adopted in 1992 and updated in 2001).
Explanation:
The current RAQS is based on the General Plan that was in effect when the SDAPCD's RAQS
were adopted in 1992 and updated through 2001. It is not consistent with the current GPU that
was adopted in December 2005. Although SANDAG is currently updating the RAQS, the
proposed land uses for the EVC SPA would conflict with the currently approved RAQS. This is
a significant impact.
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Mitigation Measures:
None.
Finding:
No feasible mitigation measures have been identified that would reduce this impact to a less
than significant level. The resolution of this issue is outside of the purview of the City.
Pursuant to section 15091(a)(3) of the CEQA Guidelines, specific economic, legal, social,
technological, or other considerations make mitigation of this issue infeasible. Avoiding this
impact would require not developing the project, which would conflict with the City's General
Plan and the Otay Ranch Development Plan. Further discussion of this point appears in the
discussion of the "no project" alternative, Section XI, below.
Impact:
The proposed project's regional construction and operation-related emissions at milestone years
would exceed the daily significance thresholds for NOx, CO, VOC, PMlO and PM2s.
Explanation:
During construction, the project would exceed threshold standards of NOx, CO, VOC, PM10
and PM2.5. Construction emission forecasts, based on conservative assumptions in which the
entire project would be built out over a ten year time period, provide for the maximum intensity
of construction activities (e.g., demolition, site preparation, building construction. Construction
emissions are summarized in EIR Section 4.0, Subchapter 4.4, Table 4.4-6 on page 4.4-20.
During project operation, emissions associated with the operation of on-road vehicles and the
use of electricity and natural gas would exceed the daily significance thresholds for PM10,
PM25, CO, NOx, and VOC. Operational emissions are summarized in ErR Section 4.0,
Subchapter 4.4, Table 4.4-7, on page 4.4-21.
Mitigation Measures:
The following mitigation measure is feasible and is required as a condition of approval and is
made binding on the applicant through the findings (EIR Section 4.0, Subchapter 4.4, page 4.4-
34).
4.4-1:
Prior to approval of any grading permits, the following requirements shall be placed
on all grading plans, and shall be implemented during grading of each phase of the
project to minimize construction emissions:
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· All unpaved construction areas shall be sprinkled with water or other acceptable
dust control agents during site grading or demolition activities at least twice
daily;
· Additional watering shall be applied during windy days or until dust emissions
are not visible;
. Trucks hauling dirt and debris shall be properly covered or maintain at least 12
inches of freeboard to reduce windblown dust and spills;
· A 20 mile-per-hour speed limit on unpaved surfaces shall be enforced;
. Dirt and debris spilled onto paved surfaces shall be swept up immediately to
reduce re-suspension of particulate matter caused by vehicle movement;
· On-site stockpiles of excavated material shall be covered or watered;
o Approach routes to the site shall be cleaned daily of construction-related dirt;
o Pave permanent roads as quickly as possible to minimize dust;
o Apply chemical stabilizer or pave the last 100 feet of internal travel path within
the construction site prior to public road entry;
o Install wheel washers adjacent to a paved apron prior to vehicle entry on public
roads;
o Remove any visible track-out into traveled public streets within 30 minutes of
occurrence;
o Wet wash the construction access point at the end of each workday if any vehicle
travel on unpaved surfaces has occurred;
o Provide sufficient perimeter erosion control to prevent washout of silty material
onto public roads;
o Minimize simultaneous operation of multiple construction equipment units;
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· All construction equipment shall be properly tuned and maintained in
accordance with manufacturer's specifications. All equipment shall have
catalytic reduction for gasoline-powered equipment and injection timing retard
for diesel-powered equipment;
. General contractors shall maintain and operate construction equipment so as to
minimize exhaust emissions. During construction, trucks and vehicles in loading
and unloading queues should turn their engines off when not in use to reduce
vehicle emissions; and
· Electricity from power poles rather than temporary diesel- or gasoline-powered
generators shall be used to the extent feasible.
Finding:
Although mitigation measures would reduce emission levels, no feasible mitigation measures
have becn identified that would reduce significant air quality impacts with respect to VOC,
NO", CO, PM10 and PM2.5 threshold standards during the most intense construction period and
project operation impact to a less than significant level. The only mitigation available for these
impacts is the No Project alternative. Pursuant to section l5091(a)(3) of the CEQA Guidelines,
specific economic, legal, social, technological, or other considerations make this alternative
infeasible. Adoption of the No Project alternative would not achieve any of the objectives of
the project as identified in Section 3.0 of the EIR. As described in the Statement of Overriding
Considerations, however, the City Council has determined that these impacts are acceptable
because of specific overriding considerations.
1m pact:
Project emissions would exceed thresholds for PMlO, PM2.5, and, as the San Diego Air Basin
(SDAB) is currently classilied as non-attainment for these emissions, emission levels would be
signi ficant.
Explanation:
Thc SDAB is currently classified as nonattainment for ozone, PMlO and PM2.5. As shown in the
EIR Section 4.0, Subchapter, 4.4, Table 4.4-8 on page 4.4-22 and Table 4.4-9 on page 4.4-23,
project emissions are expected to exceed the thresholds for PMlO, PM2.5, CO and the ozone
precursors NOx and VOC. Since the SDAB is in non-attainment for PMlO and ozone, these
emission levels would be significant. The impact of the GDP buildout on segments air
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emissions was previously addressed in the Otay Ranch GDP Program EIR and was determined
to be significant and not fully mitigated.
Mitigation Measures:
None.
Finding:
No feasible mitigation measures have been identified that would reduce emISSIOns of PMIO,
PM25, and CO to a less than significant level. Pursuant to section 15091 (a)(3) of the CEQA
Guidelines, specific economic, legal, social, technological, or other considerations make
mitigation of this impact infeasible. Avoiding this impact would require not developing the
project, which would conflict with the City's General Plan and the Otay Ranch Development
Plan. Further discussion of this point appears in the discussion of the "no project" alternative,
Section X, Feasibility of Potential Project Alternatives, below.
Impact:
Temporary fugitive dust emISSIOns during mass grading would exceed the significance
threshold. Impacts related to localized mobile-source CO and Toxic Air Contaminants (TAC)
emissions during construction and operation would be less than significant. However, to ensure
compliance with established T AC thresholds, a mitigation measure is recommended.
Explanation:
Construction dust is comprised primarily of chemically inert particles that are too large to enter
the human respiratory tract when inhaled. Nevertheless, approximately 35 percent of the total
fugitive dust emissions is 10 microns or smaller. Given the shifting nature of the construction
activity, these fugitive dust impacts would only affect a given location for a relatively short
period of time. However, because of the size of the project, this is considered a significant
impact. In addition, T ACs are of particular concern with regard to sensitive receptors. For
example, state law requires school districts to consider the impact of siting a new school close
to existing facilities that emit toxic air contaminants. This same principle is applied in siting
other sensitive receptors (e.g., residential uses) close to facilities that emit TAC (e.g., freew~ys,
gasoline stations, etc.). It is also important when siting a new source of toxic air contaminants
near existing sensitive receptors. As the proposed project is introducing sensitive land uses
(e.g., residential) into an area where potential off-site sources of air toxics may impact proposed
sensitive uses, mitigation is provided to address this issue.
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Mitigation Measures:
The following mitigation measures are feasible and are required as conditions of approval and
are made binding on the applicant through the findings (EIR Section 4.0, Subchapter 4.4, page
4.4-34). In addition, Mitigation Measure 4.4-1, listed above, shall be implemented to reduce
dust emissions and other particulates during construction.
4.4-2:
4.4-3:
Finding:
Prior to approval of the building permit for any uses which are regulated for T AC
emissions by the SDAPCD, the Applicant must demonstrate to the satisfaction of the
Director of Planning and Building that the use complies with established criteria
(such as those established by SDAPCD Rule 1200).
Prior to design review approval for any development that includes sensitive uses
within 500 feet of the centerline of SR-125, such as residential, schools, day care
facilities and parks, the Applicant shall demonstrate to the satisfaction of the
Director of Development Services consistency with any city, State or federal
standard, regarding airborne cancer risks from mobile emissions from the highway,
in place at the tinae. The Applicant may use data from the health risk assessment
conducted for this EIR to determine compliance with a new standard. If inconsistent
with the standards, site-specific design measurcs shall be implemented, to the
satisfaction of the Director of Development Services, to reduce the potential impact
to meet the adopted standards.
As idcntified in Section 4.0, Subchaptcr 4.4, of the EIR, pursuant to section l5091(a)(1) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the EIR to a
level ofinsigniticance by implementation of the mitigation measure(s) listed above.
NOISE
Impact:
Activities associated with grading and construction would temporarily incrcase noise levels.
Future on- or off-site sensitive receptors within 250 feet of on- site (within the project site) or
off-site (SSA, SCSL Improvement, or PCSI) grading activities or construction could cxperience
short term nuisance noise levels during such activities.
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Explanation:
Grading activities would generate is 86 dBA (hourly Leq) at 50 feet distance, as shown in EIR
Section 4.0, Subchapter 4.5, Table 4.5-5 on page 4.5-12. Grading noise levels at residential
uses to the west would be 60 dBA, which would be consistent with the ambient noise levels. At
the Olympian High School, grading activities would generate noise up to 62 dBA (hourly Leq).
In the event that sensitive receptors such as residential development or the proposed
middlelhigh-school in Village Eleven (east of Eastlake Parkway) are completed prior to EUC
site grading, exterior noise levels of up to 76 dBA could be experienced at these locations.
However, the construction noise would reduce to below 75 dBA at a 200-foot distance from the
construction equipment.
The proposed project would be constructed in several phases. Therefore, noise levels generated
during building construction would have the potential to affect occupants of new on-site uses
constructed in the project's early development phases or prior to buildout. Anyon-site location
with an uninterrupted line-of-sight to a construction noise source could periodically be exposed
to temporary noise levels of up to 86 dBA at 50 feet from the construction site. Similar to the
noise analysis for grading, noise sensitive receptors that are located within 200 feet of a
construction site would be potentially exposed to significant noise impacts. However, noise
impacts would be temporary and would cease when construction is finished.
Some periods of excavation and boring at the SCSL Improvement Area may generate high noise
levels locally, since the upstream manhole is located near Village Eleven. However, the SCSL
Improvement Area is located more than 2,000 feet to the south of Village Eleven. Construction
noise in the PCSI Area has the potential to impact sensitive uses. Construction equipment may
include the use of ajackharnmer to break up existing pavement, a backhoe for trenching, trucks,
pavers, and similar machinery. Residential neighborhoods, located at all four corners of the
Olympic ParkwayIBrandywine intersection, would be exposed to noise levels ranging from 78
dBA at 50 feet and 72 dBA at 100 feet (trucks, pavers, backhoes) and 89 dBA at 50 feet and 83
dBA at 100 feet Uackharnmer).
Mitigation Measures:
The following mitigation measure is feasible and is required as a condition of approval and is
made binding on the applicant through the findings (EIR Section 4.0, Subchapter 4.6, page 4.6-
20).
4.5-1:
Prior to approval of any grading permit, the following measures shall be placed as
notes on all grading plans, and shall be implemented during grading of each phase of
the project to minimize construction noise impacts:
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a) Grading and exterior construction activities within 250 feet of noise sensitive
uses shall be prohibited Monday through Friday from 10:00 P.M. to 7:00 A.M.,
and from 10:00 P.M. to 8:00 A.M. on Saturdays and Sundays, in accordance with
the City ofChula Vista Municipal Code Section 17.24.050.1.
b) Noise-generating equipment operated at the project site shall be equipped with
effective noise control devices, i.e., mufflers, lagging, and/or motor enclosures.
All equipment shall be properly maintained to assure that no additional noise,
due to worn or improperly maintained parts, would be generated.
c) Construction truck routes and equipment shall, to the extent feasible, avoid
residential areas and roadways adjacent to noise sensitive receptors.
Finding:
As identified in Section 4.0, Subchapter 4.2, of the ErR, pursuant to section l5091(a)(l) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the ErR to a
level of insignificance by implementation of the mitigation measure(s) listed above.
Impact:
The project would generate potentially significant operational noise levels associated with
cumulative traffic; stationary sources within the SPA Plan, such as roof-top HV AC equipment
and the fire station emergency generator; and outdoor use of schools and parks for sports and
other high-noisc-level activities.
Explanation:
The cumulativc traffic noise impacts at project build-out (year 2030) would result In an
incremental increase of more than 3.0 dBA CNEL at the following roadway segments:
o Main Street - between Maxwell Road and Heritage Parkway;
o La Media Road - bctween E. Palomar Streq to Olympic Parkway and between Olympic
Parkway and Birch Road;
o EastLake Parkway - between Olympic Parkway and Hunte Parkway;
. Heritage Road - between Telegraph Canyon Road to Olympic Parkway.
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Although the project's traffic, alone, would not exceed the 3.0 dBA significance threshold and
therefore is not considered to be a significant impact, Any new development within the Otay
Ranch along these roadways would require noise mitigation measures for noise sensitive uses to
meet the City's noise standard, the cumulative noise increase would exceed the project's 3.0
dBA significance threshold and would be considered significant. Off-site and on-site traffic
noise levels are summarized in EIR Section 4.0, Subchapter 4.5, Table 4.5-6, on page 4.5-19, and
Table 4.5-7, on page 4.5-20.
The emergency generator associated with the proposed fire station may produce an approximate
noise level or 85 dB at 80 feet without noise attenuation. The generator would be operated
during power outages and for monthly testing. Monthly testing is normally conducted on
Saturdays. Noise standards for adjacent office, retail and multiple dwelling residential areas are
set forth in Table III of Chapter 19.68 of the Municipal Code. The EUC office, retail and mixed
use areas uses planned adjacent to the proposed fire station could be significantly impacted by
the emergency generator noise. Noise from schools and parks would be generated by a variety
of sources including voices, public address systems, parking lot use, and most notably sports
activities. If located adjacent to residential uses, noise levels from schools and parks may
exceed the exterior noise standards presented in the City's Municipal Code for adjacent
residential uses.
Mitigation Measures:
The following mitigation measures are feasible and are required as conditions of approval and
are made binding on the applicant through the findings (EIR Section 4.0, Subchapter 4.5, page
4.5-25).
4.5-2 (a):
Prior to approval of design review permits for residential uses on lots directly
adjacent to a proposed park site or the future EUC elementary school site, a detailed
acoustical analysis report shall be prepared by a qualified acoustical consultant to
ensure that interior noise levels due to exterior sources will be at or below 45 CNEL.
Building plans will be available during design review and will permit the accurate
calculation of building acoustical evaluation including wall structures sound
transmission loss for habitable rooms. For these lots, it may be necessary for the
windows to be able to remain closed to ensure that interior noise levels meet the
interior standard of 45 CNEL. Consequently the design for these units may need to
include mechanical ventilation or air conditioning systems to provide a habitable
interior environment with the windows closed based on the results of the detailed
interior acoustical analysis.
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4.5-2(b ):
4.5-2 (c):
4.5-3:
4.5-4:
4.5-5:
As part of the review process for fmal EVC park designs, park site plans shall be
reviewed by the City to recommend that hard-court areas (basketball, tennis, etc.)
and active play fields are located as far as feasible from existing or proposed
residential uses with outdoor patios or gathering areas. The goal and performance
standard for this measure is to avoid outdoor noise levels that exceed 65 CNEL for
residential uses that include outdoor patios or common gathering areas that are
located adjacent to park sites. This measure shall be implemented to the satisfaction
of the City prior to final approval of applicable park site plans.
The City shall consult with the Chula Vista Elementary School District prior to or
during the environmental review process for the proposed elementary school to
recommend that the school site is planned such that hard-court areas and active play
fields are located as far as feasible from existing or proposed residential uses with
outdoor patios or gathering areas. The goal and performance standard for this
measure is to avoid outdoor noise levels that exceed 65 CNEL for residential uses
with outdoor patios or common gathering areas that are located adjacent to a school
site.
Prior to approval of design review permits for commercial and public buildings, the
following shall be implemented:
a) Air conditioning, cooling and ventilating equipment and any other noise-
generating equipment shall be screened, shielded and/or sound buffered from
surrounding streets and land uses. An acoustical analysis shall be performed by a
qualified acoustical consultant to verify the specific details of this mitigation
measure including; geometrical dimensions and construction materials.
b) Loading docks and trash collection areas shall properly be screened or enclosed
and shall not be oriented toward adjacent sensitive uses.
Concurrent with the first submittal of construction plans for the fire station, a noise
study shall be prepared to ensure that appropriate noise attenuation measures are
implemented capable of reducing the exterior generator noise at the property lines
consistent with Table III of Chapter 19.68 of the Municipal Code.
Prior to approval of design review permits for sensitive uses, such as residential use,
libraries, daycare facilities, neighborhood parks and playgrounds, planned for areas
forecasted to exceed an exterior noise level of 65 CNEL (based on Table 4.5-7 ofthe
EIR), the following shall occur:
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a) An acoustical analysis shall be performed for residential structures to ensure that
interior noise levels due to exterior sources will be at or below 45 CNEL. Outdoor
use areas such as terraces and balconies shall not be encouraged for residential
structures that front major roadways, such as SR-125, Birch Road, EastLake
Parkway, and Hunte Parkway. For these residential use areas, it may be necessary
for the windows to be able to remain closed to ensure that interior noise levels meet
the interior design standard of 45 CNEL. Consequently the design for these units
may need to include mechanical ventilation or air conditioning systems to provide a
habitable interior enviromnent with the windows closed based on the results of the
interior acoustical analysis.
b) To reduce exterior noise levels to 65 CNEL or lower at outdoor sensitive uses (i.e.,
residential courtyards, parks, and passive recreation areas), a combination of sound
barrier walls, earthen berms, and landscaping shall be designed and implemented by
a qualified acoustical consultant. Alternatively, outdoor uses shall be located behind
buildings (not facing traffic corridors) in a manner that shields outdoor sensitive uses
from roadway noise and reduces the exterior noise level to 65 CNEL or below.
4.5-6:
AtWetic fields if placed in development areas where noise from traffic exceeds or is
forecasted to exceed 70 dBA CNEL (based on Table 4.5-7 of the EIR), shall
incorporate the following:
a) Sound barrier walls or earthen berms of sufficient height and length shall be
designed by a qualified acoustical consultant to reduce exterior noise levels to 70
CNEL or lower; or
b) Passive recreation areas, such as picnic tables, shall be located away from the
roadway as far as possible.
4.5-7:
The applicant may, at any time during implementation of the proposed project,
submit a revised noise study prepared by a qualified acoustical consultant that takes
into consideration site grading based on final grading plans and locations of
intervening structures to establish new noise contours on the site. The noise study
shall be approved by the City, and may be used to implement the noise mitigation
measures of this section.
Finding:
As identified in Section 4.0, Subchapter 4.5, of the ErR, pursuant to section l5091(a)(1) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
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will substantially lessen or avoid the significant environmental effect as identified in the EIR to
a level of insignificance by implementation of the mitigation measure(s) listed above.
CULTURAL RESOURCES
Impact:
The proposed project could result in significant impacts to archaeological resources that may be
uncovered during clearing and grading.
Explanation:
Records search and survey results for the area indicate that the surface archaeological sensitivity
in this area is low. Both previous and current finds have been limited to isolated artifacts,
which taken together suggests that past use of this area consisted of transient uses rather than
extended occupations. However, due to the density of the vegetation cover in these areas,
additional isolates may be present on the surface but could not be identified during the survey.
In addition, as there has not been any archaeological testing in this area or vicinity, the potential
for intact cultural deposits is unknown. Therefore, impacts with respect to archaeological
resources are potentially significant.
Mitigation Measures:
The following mitigation measures are feasible and are required as conditions of approval and
are made binding on the applicant through the findings (EIR Section 4.0, Subchapter 4.6, page
4.6-20).
4.6-1:
Prior to issuance of land development permits, including clearing or grubbing and
grading permits, the applicant shall provide written confirmation and incorporate
into grading plans, to the satisfaction of tbe Environmental Review Coordinator, that
a principal investigator (PI) as listed by the Secretary of the Interior (36 CFR 61) has
been retained in an oversight capacity to ensure that an archaeological monitor(s)
will be present during all cutting of previously undisturbed soil. If these cutting
activities occur in more than one location, multiple monitors shall be provided to
monitor those areas, as determined necessary by the PI.
4.6-2:
During the initial grading of previously undisturbed soils within the EUC SPA Plan
area, limits of grading or site preparation for either Grading Options 1 or 2, and
SCSL Improvement Area, prehistoric and historic resources may be encountered. In
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the event that the monitor identifies a potentially significant site, the archaeological
monitor shall secure the discovery site from further impacts by delineating the site
with staking and flagging, and by diverting grading equipment away from the
archaeological site. Following notification to the City, the archaeological monitor
shall conduct investigations as necessary to determine if the discovery is significant
under the criteria listed in CEQA and the environmental guidelines of the City. If
the discovery is determined to be not significant, grading operations may resume and
the archaeological monitor shall summarize the fmdings in a letter report to the City
following the completion of mass grading activities. The letter report shall describe
the results of the on-site archeological monitoring, each archaeological site observed,
the scope of testing conducted, results of laboratory analysis (if applicable), and
conclusions. The letter report shall be completed to the satisfaction of the
Environmental Review Coordinator prior to release of grading bonds. Any artifacts
recovered during the evaluation shall be curated at a curation facility approved by
the City.
For those prehistoriclhistoric resources that are determined to be significant,
alternate means of achieving mitigation shall be pursued. In general, these forms of
mitigation include: I) site avoidance by preservation of the site in a natural state in
open space or in open space easements, 2) site avoidance by preservation through
capping the site and placing landscaping on top of the fill, 3) data recovery through
implementation of an excavation and analysis program, or 4) a combination of one
or more of the above measures. Procedures for implementing the alternative forms
of mitigation described herein are further detailed in the Mitigation Monitoring and
Reporting Program adopted as part of the Otay Ranch General Development
Program EIR, EIR 90-01.
For those sites that are found to be significant resources and for which avoidance
and preservation is not feasible or appropriate, the Applicant shall prepare a Data
Recovery Plan. The plan will, at a minimum, include the following: I) a statement of
why data recovery is appropriate as a mitigating measure, 2) a research plan that
explicitly provides the research questions that can reasonably be expected to be
addressed by excavation and analysis of the site, 3) a statement of the types and
kinds of data that can reasonably be expected to exist at the site and how these data
will be used to answer important research questions, 4) a step-by-step discussion of
field and laboratory methods to be employed, and 5) provisions for curation and
storage of the artifacts, notes, and photographs will be stated. In cases involving
historic resources; however, archival research and historical documentation shall be
used to augment field-testing programs.
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Grading operations within the affected area may resume once the site has been fully
evaluated and mitigated to the satisfaction of the Environmental Review
Coordinator. All significant artifacts collected during the implementation of the
Data Recovery Plan shall be curated at a facility approved by the City.
(Note: No mitigation measure 4.6-3 is provided in the EIR as the mitigation measures were
inadvertently misnumbered.)
4.6-4:
Following the completion of mass grading operations, the Applicant shall prepare a
plan that addresses the temporary onsite presentation and interpretation of the results
of the archaeological studies for the proposed project. This could be accomplished
through exhibition within a future community center, civic building and/or multi-
purpose building. This exhibition will only be for temporary display of those
materials being actively used for interpretation and display, and that permanent
curation of artifacts and data will be at a regional repository that meets the standards
of the State Historical Resource Commission's Guidelines for the CuratiOll of
Archaeological Collections, dated May 7, 1993. All significant artifacts collected
during the implementation of the Data Recovery Plan shall be permanently curated
at a facility approved by the City.
Finding:
As identified in Section 4.0, Subchapter 4.6, of the EIR, pursuant to section 15091(a)(I) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the EIR to
a level of insignificance by implementation of the mitigation measure(s) listed above.
Impact:
The proposed project could result in significant impacts to paleontological resources that may
be disturbed during grading, excavation and other site preparation.
Explanation:
The San Diego Formation underlying the SPA Plan and off-site SSA, SeSL, and peSI areas has
been assessed as having high sensitivity for paleontological resources. Therefore, excavations
associated with any construction activities have a strong likelihood of encountering
paleontological resources should the required excavations impact previously undisturbed
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materials. No impact to paleontological resources is anticipated in the PCSI Area due to the
fact that the site has been previously disturbed by construction of the Poggi Canyon sewer.
Mitigation Measures:
4.6-6:
4.6-7:
4.6-8:
Prior to the issuance of grading permits for the EUC SPA Plan Area, limits of
grading for either Grading Options I or 2, and the SCSL Improvement Area, the
Applicant shall confirm to the City that a qualified paleontologist has been retained
to carry out an appropriate mitigation program. (A qualified paleontologist is
defmed as an individual with an M.S. or Ph.D. in paleontology or geology who is
familiar with paleontological procedures and techniques). A pre-grade meeting shall
be held among the paleontologist and the grading and excavation contractors.
A paleontological monitor shall be onsite at all times during the original cutting of
previously undisturbed sediments of higWy sensitive geologic formations (i.e., San
Diego, Otay, and Sweetwater formations) to inspect cuts for contained fossils. (A
paleontological monitor is defined as an individual who has experience in the
collection and salvage of fossil materials.) The paleontological monitor shall work
under the direction of a qualified paleontologist. The monitor shall be onsite on at
least a half-time basis during the original cutting of previously undisturbed
sediments of moderately sensitive geologic formations (i.e., unnamed river terrace
deposits and the Mission Valley Formation) to inspect cuts for contained fossils.
a) The monitor shall be onsite on at least a quarter-time basis during the original
cutting of previously undisturbed sediments of low sensitivity geologic
formations (i.e., Lindavista Formation and Santiago Peak Volcanics
[metasedimentary portion only] to inspect cuts for contained fossils. He or she
shall periodically (every several weeks) inspect original cuts in deposits with
an unknown resource sensitivity (i.e., Quaternary alluvium).
b) In the event that fossils are discovered in unknown, low, or moderately
sensitive formations, the Applicant shall increase the per-day field monitoring
time. Conversely, if fossils are not discovered, the monitoring, at the
discretion of the Plarming Department, shall be reduced. A paleontological
monitor is not needed during grading of rocks with no resource sensitivity
(i.e., Santiago Peak Volcanics, metavolcanic portion).
When fossils are discovered, the paleontologist (or paleontological monitor) shall
recover them. In most cases, this fossil salvage can be completed in a short period of
time. However, some fossil specimens (such as a complete whale skeleton) may
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require an extended salvage time. In these instances, the paleontologist (or
paleontological monitor) shall be allowed to temporarily direct, divert, or halt
grading to allow recovery of fossil remains in a timely manner. Because of the
potential for the recovery of small fossil remains such as isolated mammal teeth, it
may be necessary in certain instances and at the discretion of the paleontological
monitor to set up a screen-washing operation on the site.
4.6-9:
Prepared fossils along with copies of all pertinent field notes, photos, and maps shall
be deposited in a scientific institution with paleontological collections such as the
San Diego Natural History Museum. A [mal summary report shall be completed.
This report shall include discussions of the methods used, stratigraphy exposed,
fossils collected, and significance ofrecovered fossils.
Finding:
As identified in Section 4.0, Subchapter 4.6, of the EIR, pursuant to section 15091(a)(I) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the EIR to
a level of insignificance by implementation of the mitigation measure(s) listed above.
Impact:
The proposed project could result in significant impacts to human remains that may be disturbed
during grading, excavation and other site preparation.
Explanation:
Results of the cultural resources record search and survey did not identify any human remains
or records of human remains in the project parcels. Archaeological sensitivity of the project
site, SSA, and PCSI Area appear to be low, which suggests that the potential for unexpected
discovery of human remains is also low. However, the potential to uncover human remains
exists during any construction activities that disturb the ground, such as excavation. The PCSI
Area has been previously disturbed with the construction of the Poggi Canyon Sewer, and
construction of thc proposed improvement is not likely to encounter human remains during
excavation.
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Mitigation Measures:
The following mitigation measure is feasible and is required as a condition of approval and is
made binding on the applicant through the findings (EIR Subchapter 4.6, page 4.6-20).
4.6-5:
Finding:
If human remains are discovered during grading or site preparation activities within
the EVC SPA Plan area, limits of grading for either Grading Options I or 2 and the
SCSL Improvement Area, the archaeological monitor shall secure the discovery site
from any further disturbance. State Health and Safety Code Section 7050.5 requires
that no further disturbance shall occur until the San Diego County Coroner has made
the necessary [mdings as to the origin and disposition of the remains pursuant to
PRC Section 5097.98. If the remains are determined to be of Native American
descent, the coroner has 24 hours to notifY the Native American Heritage
Commission (NAHC). The NAHC will then identifY the person(s) thought to be the
Most Likely Descendent (MLD) of the deceased Native American. The MLD will
assist the City in determining what course of action shall be taken to deal with the
remains. Grading operations within the affected area may resume once the site has
been fully evaluated and mitigated to the satisfaction of the Environmental Review
Coordinator. The Archaeological Monitor shall summarize the findings in a letter
report to the City following the completion of mass grading activities.
As identified in Section 4.0,5.0, Subchapter 2.2, of the EIR, pursuant to section 15091(a)(l) of
the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project
that will substantially lessen or avoid the significant environmental effect as identified in the
EIR to a level of insignificance by implementation of the mitigation measure(s) listed above.
BIOLOGICAL RESOURCES
Impact:
Construction activities in the SPA Plan and SCSL areas, and loss of agricultural lands for
foraging, would have a potentially significant impact on sensitive bird species, the San Diego
black-tailed jackrabbit, avian breeding, and on 0.16 acre of Diegan coastal sage scrub
(temporary impact) in the SCSL area.
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Explanation:
The proposed project would have a substantial direct and indirect adverse impact on sensitive
bird species protected by the MBTA and California Fish and Game Code. These include
ground nesting raptor species, such as the northern harrier and burrowing owl, occurring ""ithin
the EVC SPA Plan and SCSL Improvement Area. The northern harrier, burrowing owl, white-
tailed kite, and San Diego black-tailed jackrabbit would be impacted by the loss of 159.2 acres
of agricultural lands utilized as foraging habitat. The coastal California gnatcatcher would be
temporarily impacted within the SCSL Improvement Area. The project may have significant
indirect effects on the MSCP Preserve associated with construction noise avian breeding
seasons, water quality, introduction of non-native exotic plant species following construction,
and human intrusion. Modifications associated with the SCSL would temporarily impact 0.16
acre of Diegan coastal sage scrub.
Mitigation Measures:
The following mitigation measures are feasible and are required as conditions of approval and
are made binding on the applicant through the findings (EIR Section 4.0, Subchapter 4.7, page
4.7-38).
4.7-1:
4.7-2:
Prior to issuance of any land development permits, including clearing and grubbing
or grading permits for the Eve project site and the SSA, the applicant shall retain a
City-approved biologist to conduct focused surveys for the northern harrier to
determine the presence or absence of this species within 900 feet of the construction
area, if construction will occur during the breeding season (January 15 through] uly
31) (excluding areas west of SR-125). The pre-construction survey must be
conducted within 10 calendar days prior to the start of construction, the results of
which must be submitted to the City for review and approval. If active nests are
detected by the City-approved biologist, a biological monitor should be on-site
during construction to minimize construction impacts and ensure that no nests are
removed or disturbed until all young have fledged.
Prior to issuance of any land development permits (including clearing and grubbing
or grading permits) for the EVC project site and the SSA, the applicant shall retain a
City-approved biologist to conduct focused pre-construction surveys for burrowing
owls. The surveys shall be performed no earlier than 30 days prior to the
commencement of any clearing, grubbing, or grading activities. If occupied burrows
are detected, the City-approved biologist shall prepare a passive relocation
mitigation plan subject to the review and approval by the Wildlife agencics and City
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4.7-4:
4.7-5:
including of any subsequent burrowing owl relocation plans to avoid impacts from
construction-related activities.
For any work proposed to be initiated between February 15 and August 15, prior to
issuance of any land development permits, including clearing, grubbing, grading,
and construction permits associated with improvements to the off-site SCSL, a pre-
construction survey for the coastal California gnatcatcher must be performed in
order to reaffirm the presence and extent of occupied habitat. The pre-construction
survey area for the coastal California gnatcatcher shall encompass all habitat within
the project work zone as well as a 300-foot buffer extending from the study area as
delineated on Figure 5 of the HELIX biological technical report.
The pre-construction survey must be performed to the satisfaction of the
Environmental Review Coordinator (ERC) by a qualified biologist familiar with the
City's MSCP Subarea Plan. The results of the pre-construction survey must be
submitted in a report to the ERe for review and approval prior to the issuance of any
land development permits and prior to initiating any construction activities. If the
coastal California gnatcatcher is detected, a rninimum 300-foot buffer delineated by
orange biological fencing shall be established around the detected species to ensure
that no work shall occur within the occupied habitat from February 15 through
August 15 and on-site noise reduction techniques shall be incorporated, as
appropriate. The ERC shall have the discretion to modifY the buffer width
depending on site-specific conditions. If the results of the pre-construction survey
determine that the survey area is unoccupied, the work may commence at the
discretion of the ERC following the review and approval of the pre-construction
report.
Prior to issuance of land development permits, including clearing, grubbing, grading
and construction permits for the off-site SCSL project, the applicant shall provide a
revegetation plan for 0.16 acre of Diegan coastal sage scrub to the satisfaction of the
City's Environmental Review Coordinator (ERC). The revegetation plan must be
prepared by a qualified City-approved biologist familiar with the City's MSCP
Subarea Plan and must include, but not be limited to, an implementation plan;
appropriate seed mixtures and planting method; irrigation method; quantitative and
qualitative success criteria; maintenance, monitoring, and reporting program;
estimated completion time; and contingency measures. The applicant shall also be
required to implement the revegetation plan subject to the oversight and approval of
the ERe.
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4.7-6:
4.7-7:
4.7-8:
Finding:
Prior to issuance of land development permits, including clearing or grubbing and
grading and/or construction permits for the off-site SCSL, the applicant shall install
fencing in accordance with CVMC 17.35.030. Prominently colored, well-installed
fencing and signage shall be in place wherever the limits of grading are adjacent to
sensitive vegetation communities or other biological resources, as identified by the
qualified monitoring biologist. Fencing shall remain in place during all construction
activities. All temporary fencing shall be sho'WTI on grading plans for the off-site
SCSL. Prior to release of grading and/or improvement bonds, a qualified biologist
shall provide evidence that work was conducted as authorized under the approved
land development permit and associated plans.
A biological monitor shall attend all pre-construction meetings and be present during
the removal of any vegetation associated with the modifications to the off-site
SCSL. Prior to issuance of land development permits, including clearing or
grubbing and grading and/or construction permits for the SCSL project, the applicant
shall provided written confmnation that a City-approved biological monitor has been
retained and shall be on-site during clearing, grubbing, and/or grading activities to
ensure that the approved limits of disturbance are not exceeded and provide periodic
monitoring of the impact area including but not limited to, trenches, stockpiles,
storage areas, and fencing. The biological monitor shall also be on-site during the
placcment and removal of the proposed High Line to ensure that removal or
damaging of native vegetation does not occur. The biological monitor shall be
authorized to halt all associated project activities that may be in violation of the
City's MSCP Subarea Plan.
Prior to issuance of land development permits, and prior to construction activities
occurring in areas containing sensitive biological resources within the off-site SCSL,
all workers shall be educated by a City-approved biologist to recognize and avoid
those areas which have been marked as sensitive biological resources.
As identified in Section 4.0, Subchapter 4.7, of the E1R, pursuant to section l5091(a)(l) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant envirorunental effect as identified in the E1R to
a level of insignificance by implementation of the mitigation measure(s) listed above.
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Impact:
Careless placement of the temporary high line facility in the off-site SCSL area could
significantly impact sensitive biological resources. In addition, the proposed jack and bore
process in the off-site SCSL area has the potential to cause "frac-out," a potentially significant
impact.
Explanation:
Placement of the temporary high line will not require any clearing, grubbing, or grading that
would require the removal of existing vegetation, and is not anticipated to result in significant
direct or indirect impacts to biological resources because it will be located within existing
disturbed areas or areas to be impacted by the proposed project. However, a small segment of
the temporary high-line however will traverse undisturbed, native vegetation. Sensitive
biological resources could be significantly impacted as a result of careless placement of the
temporary facility. Indirect impacts could also occur as the proposed jack and bore process at
the SCSL Improvement Area has the potential to cause a "frac-out". A frac-out may
potentially occur if drilling slurry (silica clays) ruptures the surface of the area above which
the horizontal drilling is occurring, thus resulting in the potential for the drilling slurry to
escape to the surface. Impacts resulting from a frac-out are potentially significant.
Mitigation Measures:
The following mitigation measure is feasible and is required as a condition of approval and is
made binding on the applicant through the findings (EIR Subchapter 4.7, page 4.7-38).
4.7-12:
Prior to issuance of land development permits, including clearing, grubbing, grading
and construction permits for the off-site SCSL, the Applicant shall provide the City
with written confirmation to the satisfaction of the City's Environmental Review
Coordinator that the resource agencies have been notified of the SCSL grading. The
Applicant shall also be responsible for obtaining all applicable regulatory permits,
such as those required under Section 404 of the federal Clean Water Act, Section
1600 of the California Department of Fish and Game Code, and Porter Cologne
Water Quality Act. In addition, prior to issuance of any grading permits associated
with the off-site SCSL, the Applicant shall prepare a Frac-Out Contingency Plan
(FCP) shall be prepared to the satisfaction of the City Engineer and the City's ERe.
The FCP shall establish operational procedures and responsibilities for the
prevention, containment, notification, and clean-up of the inadvertent release of
drilling fluid (frac-out) that could potentially occur with the proposed directional
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drilling under Salt Creek. Issues addressed in the plan shall include but not be
limited to:
o Spoil stock-pile management;
o Hazardous materials storage and spill cleanup;
o Site-specific erosion and sediment control;
o Procedures for timely detection of frac-outs; and
o Any other BMPs to ensure protection of sensitive biological resources in the
adjacent Preserve areas and minimize water quality impacts as described in the
SWPPP.
If a frac-out event were to occur during the boring and jacking process, work should
cease immediately, and measures should be taken to contain the frac-out slurry in as
small an area as possible. The biological monitor shall contact the City and
appropriate resource agencies within 24 hours of the frac-out and provide an initial
assessment of impacts to native vegetation. Mitigation for the impacts will be
coordinated in conjunction with the City and resource agencies.
Finding:
As identified in Section 4.0, 5.0, Subchapter 4.7, of the EIR, pursuant to section 15091(a)(l) of
the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project
that will substantially lessen or avoid the significant environmental effect as identified in the
ElR to a level ofinsignitlcance by implementation of the mitigation measurers) listed above.
Impact:
Potentially significant indirect impacts to wetlands may occur to federally-protected wetlands
downstream of the SSA due to changes in surface runoff. Modifications associated with the
SCSL also have the potential to result in indirect impacts to wetland waters in the event of a
frac-out.
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Explanation:
Indirect impacts may occur to wetland habitat jurisdictional wetland feature (waters under the
jurisdiction of the RWQCB/CDFG or ACOE) downstream of the SSA due to changes in
hydrology caused by the proposed project. These indirect impacts to the downstream
jurisdictional feature are considered potentially significant. In addition, modifications
associated with the SCSL, including the use of jack and bore drilling have the potential to result
in indirect impacts to jurisdiction wetland waters in the event of a frac-out.
Mitigation Measures:
The following mitigation measures are feasible and are required as conditions of approval and
are made binding on the applicant through the findings (EIR Subchapter 4.7, page 4.7-38).
4.7-9:
4.7-10:
4.7-11:
Finding:
Prior to issuance of land development permits, including clearing or grubbing and
grading and/or construction permits for the EUC project site (including the off-site
SSA) or SCSL, the applicant shall provide written confirmation that Mitigation
Measure 4.9.2 (Hydrology and Drainage), requiring a National Pollutant Discharge
Elimination System permit (NPDES) and Storm Water Pollution Prevention Plan
(SWPPP), has been fulfilled to the satisfaction of the City Engineer.
Prior to issuance of land development permits, including clearing or grubbing and
grading and/or construction permits for the off-site SSA, the Applicant shall install
temporary orange biological fencing along the limits of grading in areas adjacent to
sensitive biological resources to avoid impacts on such resources. All fencing,
including temporary fencing, shall be shown on the project grading plans. Prior to
and during construction, the City's Mitigation Monitor shall verifY that biological
fencing is properly installed and maintained.
To protect the jurisdictional feature downstream of the off-site SSA, a City-qualified
biologist shall attend a pre-construction meeting prior to initiating grading on the
off-site SSA. The biologist shall be on-site to monitor all vegetation clearing and
periodically thereafter to ensure implementation of appropriate.
As identified in Section4.0, Subchapter 4.7, of the EIR, pursuant to section 15091(a)(l) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
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will substantially lessen or avoid the significant environmental effect as identified in the EIR to
a level of insignificance by implementation of the mitigation measure(s) listed above.
1m pact:
Impacts on the California gnatcatcher could result if construction activities occur within
occupied habitat during the breeding season for this species (February IS and August IS). The
project would impact nesting bird species protected by the MBTA and California Fish and
Game Code occurring within the SPA Plan area, SCSL Improvement Area, and SSA.
Explanation:
The removal of vegetation associatcd with the EUC SPA Plan, SCSL Improvement Area, SSA
during the breeding season is considered potentially significant with respect to nesting raptors
and migratory birds protected by the MBT A and California Fish and Game Code. All migratory
bird species that are native to the U.S. or its territories are protected under the federal MBT A.
In addition, the USFWS places restrictions on disturbances allowed near active raptor nests.
Raptors and active raptor nests are protected by the California Fish and Game Code Section
3503, which states that it is "unlawful to take, possess, or destroy any birds of prey or to take,
possess, or destroy the nest or eggs of any such bird" unless authorized by the CDFG. Nesting
activity typically occurs between January IS through August 31.
Mitigation Measure:
The following mitigation measure is feasible and is required as a condition of approval and is
made binding on the applicant through the findings (ElR Section 4.0, Subchapter 4.7, page 4.7-
38).
4.7-13:
To avoid any direct impacts to raptors and/or any migratory birds, removal of habitat
that supports active nests on the proposed area of disturbance (within the EUC
project site, SCSL, or SSA) should occur outside of the breeding season for these
species (January IS to August 31). If removal of habitat on the proposed area of
disturbance (within the EUC project site, SCSL, or SSA) must occur during the
breeding season, the applicant shall retain a City-approved biologist to conduct a
pre-construction survey to determine the presence or absence of nesting birds on the
proposed area of disturbance. The pre-construction survey must be conducted
within 10 calendar days prior to the start of construction, the results of which must
be submitted to the City for review and approval prior to initiating any construction
activities. If nesting birds are detected, a letter report or mitigation plan as deemed
appropriate by the City, shall be prepared and include proposed measures to be
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implemented to ensure that disturbance of breeding activities is avoided. The report
or mitigation plan shall be submitted to the City for review and approval and
implemented to the satisfaction of the City. The City's Mitigation Monitor shall
verify and approve that all measures identified in the report or mitigation plan are in
place prior to and/or during construction.
Finding:
As identified in Section 4.0, Subchapter 4.7, of the EIR, pursuant to section 15091(a)(I) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the EIR to
a level of insignificance by implementation of the mitigation measure(s) listed above.
Impact:
The proposed project would have an indirect, long-term, potentially significant impact related to
biological resources management unless the Otay Ranch regional open space is preserved
proportionally and concurrently with development.
Explanation:
The RMP has establishes performance standards for achieving an 11 ,375-acre Otay Ranch open
space Preserve. Compliance relies on progressive acquisition, or funding for acquisition, of the
designated Otay Ranch Preserve areas with each development approval. The proposed project
would have an indirect, long-term, potentially significant impact related to biological resources
management unless the Otay Ranch regional open space is preserved proportionally and
concurrently with development. Future final maps will be required to convey open space in
accordance with the RMP at a rate of 1.188 acres for each acre of development area. The EUC
SPA Plan's estimated conveyance obligation would be approximately 211.14, acres, as shown
in EIR Section 4.0, Subchapter 4.7, Table 4.7-2 on page 4.7-31, based on the current tentative
maps.
Mitigation Measure:
The following mitigation measure is feasible and is required as a condition of approval and is
made binding on the applicant through the findings (EIR Section 4.0, Subchapter 4.7, page 4.7-
38).
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4.7-3:
Prior to recordation of each [mal map, the applicant shall convey land wi thin the
Otay Ranch RMP Preserve at a ratio of 1.188 acres for each acre of development
area, as defined in the RMP.
Finding:
As identified in Section 4.0, Subchapter 4.7, of the EIR, pursuant to section 15091(a)(l) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the EIR to
a level of insignificance by implementation of the mitigation measure(s) listed above.
AGRICUL TURAL RESOURCES
Impact:
The permanent removal of approximately 207 acres of designated Farmland of Local
Importance in the EUC is considered significant and unavoidable. Grading Option 1 would
further affect approximately 59 acres of adjacent Farmland of Local Importance and Grading
Option 2 would further affect approximately 28.5 acres Farmland of Local Importance. In
addition, noise, odors, insects, rodents, and chemicals associated with interim agricultural
operations within the EUe could create indirect, short-term, potentially sig'nificant impacts
between the agricultural uses and urban uses.
Explanation:
Impacts associated with the permanent removal of approximately 207 acres of designated
Farmland of Local Importance are considered potentially significant. The implementation of
Grading Option 1, which would transport and stockpile soils from the project site to the SSA,
would further affect approximately 59 acres of adjacent Farmland of Local Importance
(remainder of the EUC and a portion of Village Nine). Grading Option 2, which would
transport and stockpile soils to the remainder of the EUC including the Hunte Parkway right-of-
way (approximately 28.5 acres) would similarly result in the loss of Farmland of Local
Importance in this area. This was previously addressed in the Otay Ranch GDP Program EIR
and was determined to be significant and not tully mitigated. At that time, a statement of
overriding considerations was adopted for this impact. In addition, without implementation of
the proposed Agricultural Plan, noise, odors, insects, rodents, and chemicals associated with
interim agricultural operations on the site could create indirect, short-term, potentially
significant impacts between the agricultural uses and urban uses. No impacts regarding the
Williamson Act contract lands, or conflicts with existing zoning for an agricultural use would
occur in the EUe SPA Plan area, the SSA, or the SeSL Improvement Area and PCSI area. The
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construction of the SCSL Improvement and PCSI would have no impact with respect to
agricultural activities.
Mitigation Measure:
The following mitigation measure is feasible and is required as a condition of approval and is
made binding on the applicant through the findings (EIR Section 4.0, Subchapter 4.8, page 4.8-
10).
4.8-1:
The Agricultural Plan included in the EVC SPA Plan shall be implemented as
development proceeds in the proposed EVC SPA Plan area. The following
measures shall be implemented to the satisfaction of the City of Chula Vista's
Development Services Director:
. Prior to approval of each building permit, the Applicant shall ensure that a 200-
foot fenced buffer shall be maintained between development and ongoing
agricultural operations on the property;
o In those areas where pesticides are to be applied, the farmland owner shall utilize
vegetation to shield adjacent urban development (within 400 feet) from
. agriculture activities.
o If permitted interim agricultural uses require the use of pesticides, the
farmland owner shall notify adj acent developed property owners of potential
pesticide application a minimum of 10 days prior to application through
advertisements in newspapers of general circulation. Limits shall be
established as to the time of day and type of pesticide applications that may be
used. The use of pesticides shall comply with federal, state, and local
regulations.
Finding:
As identified in Section 4.0, Subchapter 4.8, of the EIR, pursuant to section 1509l(a)(l) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
would substantially lessen or avoid the significant environmental effects with respect to
interfacing urban and agricultural uses. However, despite the above mitigation, the incremental
and cumulative loss of agricultural lands is considered a significant unmitigable impact, and no
other feasible mitigation measures are available to reduce these impacts to below a level of
significance. Accordingly, pmsuant to Section l509l(a)(3) of the CEQA Guidelines, there are
no other feasible measures that would mitigate the impact below a level of significance. As
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described in the Statement of Overriding Considerations, however, the City Council has
determined that these impacts are acceptable because of specific overriding considerations.
HYDROLOGY AND WATER QUALITY
Impact:
_Project construction would generate a potentially significantly impact water quality impact
associated with exposure of soils to erosion forces. Significant impacts on ground water quality
could also occur from the potential presence of DDT in on-site soils. Project operation would
potentially impact water quality as a result of urban pollutants and impermeable surfaces.
Greater impermeability associated with the developed site could increase the rate of surface
water runoff and result in potentially significant off-site flooding or erosion.
Explanation:
The development of the SPA Plan site would alter the quantity and composition of surface
runoff through grading of site surfaces, construction of impervious streets, building
development, introduction of urban pollutants, and irrigation for landscaped areas which are
considered potentially significant impacts to water quality. During construction, erosion can
occur as a result of, and can be accelerated by, site preparation activities. Vegetation removal
throughout the project site could reduce soil cohesion, as well as the buffer provided by
vegetation from wind, water, and surface disturbance, which could render the exposed soils
more susceptible to erosive forces. Additionally, excavation or grading for future development
may also result in erosion during construction activities, as bare soils would be exposed and
could be eroded by wind or water. Project operation would increase the amount of surface
water runoff due to the introduction of impermeable surfaces and would increase urban
pollutants in surface water runoff. In addition, the project site would be entirely developed,
paved, or landscaped, which would increase storm water runoff to the extent that substantial off-
site erosion to downstream facilities or flooding could occur. In addition, the potential presence
of DDT in on-site soils is potentially significant with respect to surface water quality.
Development of the site could also result in a substantial increase in the rate or amount ofwuter
surface runoff, resulting in flooding on- or off-site.
Mitigation Measures:
The following mitigation measures are feasible and are required as conditions of approval and
are made binding on the applicant through the findings (EIR Section 4.0, Subchapter 4.9, page
4.9-37).
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4.9-1:
4.9-2:
4.9-3:
4.9-4:
4.9-5:
Prior to issuance of each grading permit for the EUC SPA Plan, the SSA, the Salt
Creek Sewer Lateral Improvement, and the Poggi Canyon Sewer Improvement Area
or any land development permit, including clearing and grading, the Project
Applicant(s) shall submit a Notice of Intent (N0l) and obtain coverage under the
National Pollutant Discharge Elimination System (NPDES) permit for Construction
Activity from the State Water Resources Control Board (SWRCB). The permit
requires development of a Storm Water Pollution Prevention Plan (SWPPP) and
Monitoring Plan that shall be submitted to the City Engineer and the Director of
Public Works. The SWPPP shall be incorporated into the grading and drainage
plans and shall provide for implementation of construction and post-construction
Best Management Practices (BMPs) on site to reduce the amount of sediments and
pollutants in construction and post-construction surface runoff before it is discharged
into off-site storm water facilities. The BMPs shall include measures to mitigate
potentially significant indirect impacts to the jurisdictional feature approximately
300 feet downstream of the off-site Soils Stockpiling Area. The grading plans shall
note the condition requiring a SWPPP and Monitoring Plans.
Prior to issuance of each grading permit, a detailed drainage system design study
shall be prepared in accordance with the City of Chula Vista's standards and shall be
reviewed and approved by the City Engineer.
Permanent treatment controls BMPs shall be included as part of the proposed project
in accordance with Section 2c of the City ofChula Vista SUSMP, the City ofChula
Vista Development Storm Water Manual, 2008, and the final Water Quality
Technical Report for McMillin Eastern Urban Center (WQTR) to the satisfaction of
the City Engineer.
As development plans for individual parcels are prepared, parcel owners shall
choose from the on-site storm water management measures included in the menu in
Appendix I of the final Water Quality Technical Report for McMillin Eastern Urban
Center (WQTR) and submit a supplemental report to the WQTR to verify sizing to
the satisfaction of the City Engineer. If an option other than what is shown on the
menu is chosen by the parcel owner, a project-specific WQTR shall be prepared for
each parcel, referencing the final WQTR for information relevant to regional design
concepts (e.g., downstream conditions of concern) to the satisfaction of the City
Engineer.
Upon development, each land use shall be divided into Drainage Management Areas
(DMA). This will include not only streets within the parcel, but also buildings,
parking lots or structures, and other areas. As each DMA would generally drain to
an 1'v1P, the specific design of these features, including their proximity to structures
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4.9-6:
4.9-7:
4.9-8:
4.9-9:
4.9-10:
and how runoff would be collected and discharged from them, shall be subject to
approval by the Geotechnical Engineer for the proposed project. This shall be
evaluated on a lot by lot basis after rough grading is completed and prior to
constructing any improvements or structures. All development within the proposed
project shall be subject to the City of Chula Vista's SUSMP at the time of grading
permit issuance.
Should Grading Option 2 be implemented, the interim condition above ground
detention basin in the southern drainage shall be reassessed and approved by the
City Engineer when the pads within the triangular wedge are developed in order to
detain for the ultimate condition.
In the preparation of all site plans, the Applicant(s) shall implement Low Impact
Development Best Management Practices (LID BMPs), unless underground
treatment and detention facilities such as sand filters, underground storage and
infiltration facilities, etc., are proposed. The Applicant(s) shall monitor and mitigate
any erosion in downstream locations that may occur as a result of on-site
development.
The Applicant(s) shall comply with the City of Chula Vista Development Storm
Water Manual Limitation of Grading requirements, which limit disturbed soil area to
100 acres, unless expansion of a disturbed area is specifically approved by the
Director of Public Works. With any phasing resulting from this limitation, if
required, the Applicant shall provide erosion and sediment control BMPs in areas
that may not be completed, before grading of additional area begins.
As a result of the NPDES Municipal Permit, Order No. R9-2007-0001, and phasing
of the EUC SPA Plan development, the Applicant(s) shall comply with the City's
Interim Hydromodification Criteria or Hydrograph Modification Management Plan,
as applicable, addressed regionally at the EUC SPA Plan level concurrent with
Grading and Improvement Plans for major streets.
Prior to the issuance of any building permit resulting in an increase in permanent
impermeable area, each Applicant wanting to develop within the EUC SPA Plan is
required to develop and implement post-construction SUSMP and BMPs in
accordance with the most recent regulations at the time of Grading or Building
Permit issuance. In particular, Applicants are required to comply with the
requirements of the NPDES Municipal Permit, Order No. R9-2007-0001, and the
City of Chula Vista Development Storm Water Manual dated January 2008, or any
re-issuances thereof. Specifically, Applicants shall incorporate in the proposed
project design structural on-site design features to address Site Design and
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Treatment Control (BMPs) as well as LID and HMP requirements. Any of said
requirements may be waived if the applicant demonstrates, to the satisfaction of the
City Engineer, that regional facilities exist to address such requirements.
Finding;
As identified in Section 4.0, Subchapter 4.9, of the EIR, pursuant to section 15091 (a)(I) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the EIR to
a level of insignificance by implementation of the mitigation measure(s) listed above.
GEOLOGY AND SOILS
Impact:
The project would result in potentially significant impacts with respect to unstable soils,
including residuum, colluvium, alluvium, and areas of potential liquefiable soils that may cause
land sliding, lateral spreading, liquefaction and/or collapse surficial slope failures. Grading
could lead to potentially significant soil erosion, and/or loss of topsoil. In addition, on-site soils
have potentially significant moderate to high expansion potential.
Explanation:
With the presence of potential liquefiable soils in the EUC SPA Plan area and SCSL
Improvement Area, seismic-related impacts regarding unstable soils are considered to be
potentially significant. Also, grading activities associated with either of the two grading options
in combination with future irrigation and changes in drainage could result in potentially
significant slope instabilities or landslides within the EUC SPA Plan area. Heavy seepage and
deep saturation resulting in surficial slope failures, soil erosion, and/or loss of topsoil is
considered potentially significant. In addition, loose compressible materials on the project site,
including residuum, colluvium, alluvium and the surface of the fill slope in the southeast portion
of the site, could become unstable as a result of the proposed project. Therefore, the potential
for land sliding, lateral spreading, liquefaction and/or collapse is considered to be potentially
significant In addition, the predominately clayey sand and sandy clay materials within the on-
site Otay Formation have a moderate to high expansion potential. Development of structures on
these soils could create substantial risks to life or property. This is considered a potentially
significant impact.
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Mitigation Measures:
The following mitigation measures are feasible and are required as conditions of approval and
are made binding on the applicant through the findings (EIR Section 4.0, Subchapter 4.10, page
4.10-20).
4.10-1:
4.10-2:
4.10-3:
Finding:
Prior to the issuance of each grading permit within the EVC SPA Plan area, the
Applicant shall verify that the applicable recommendations in the Geotechnical
Investigation prepared by Geotechnics Incorporated, dated March I, 2007, and the
Updated Seismic Design Parameters report prepared by Geotechnics Incorporated,
dated December 15, 2008 for the Eastern Urban Center have been incorporated into
the project design and construction documents to the satisfaction of the City
Engineer of the City of Chula Vista
Prior to the approval of grading permits for placement of soils within the off-site
SSA, the Applicant shall ensure that the applicable recommendations in the
Geotechnical Recommendation for Proposed Import Soils Second Revision, Otay
Ranch Parcel "C", dated July 10, 2007, and the Preliminary Geotechnical
Investigation Parcel "C" Portion of Otay Ranch, dated August 30, 2006, both
prepared by Pacific Soils Engineering, Inc., have been incorporated into the grading
plans to the satisfaction of the City Engineer of the City of Chula Vista.
Prior to issuance of the grading permit for the SCSL Improvement, the City shall
ensure that the applicable recommendations in the Geotechnical Investigation for the
Proposed Salt Creek Gravity Sewer Interceptor Project, Leighton & Associates,
dated October 2000, have been incorporated into the project to the satisfaction of the
City Engineer of the City ofChula Vista.
As identified in Section 4.0, Subchapter 4.10, of the EIR, pursuant to section 15091(a)(l) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the ErR to
a level of insignificance by implementation of the mitigation measure(s) listed above.
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UTILITIES AND PUBLIC SERVICES
Fire Services
Impact:
The project would increase demand on fire and emergency medical services. The increase in
demand would be significant if a fully operational and appropriately equipped and staffed fire
station is not provided commensurate with the demand on fire and emergency medical services.
Fire flow requirements for individual projects within the EVC could be significant depending
upon the ultimate building height and structure type.
Explanation:
The project would generate a residential population of 7,696 people and the employment base
associated with 3.4 million square feet of non-residential development, which would increase
demand on fire and emergency medical services. New fire facilities are partially funded by the
Applicant's PFDIF. Demand is also assessed through the City's adopted Threshold Standards,
which are reviewed annually by the GMOC to determine compliance with the City's growth
management thresholds. If an appropriately equipped and staffed fire station is not provided
commensurate with growth, the project would have a significant impact with respect to fire and
emergency medical service would be significant. Regarding fire flow impacts, approval of a
SAMP prior to approval of the first final map and further evaluation of fire flow requirements
for each project in accordance with the adopted Fire Code and approved SAMP will ensure
adequate that appropriate infrastructure is developed to serve the project's water needs,
including fire flow for individual buildings. However, since fire flow is based on ultimate
building height and structure types, which are currently unknown, fire flow requirements are
also unknown and, therefore, potentially significant.
Mitigation Measures:
The following mitigation measures are feasible and are required as conditions of approval and
are made binding on the applicant through the findings (EIR Section 4.0, Subchapter 4.1, page
4.11-11).
4.11.1-1:
Prior to the approval of each building permit, the Applicant shall pay Public
Facilities Development Improvement Fees (PFDIF) in accordance with the fees in
effect at the time of building permit issuance and phasing approved in the PFFP.
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4.11.1-2:
4.11.1-3:
4.11.1-4:
4.11.1-5:
Finding:
In order to determine the SPA Plan's increased demand on fire services and potential
to exceed GMOC standards, the City of Chula Vista shall continue to monitor the
Chula Vista Fire Department responses to emergency fire and medical calls and
report the results to the GMOC on an annual basis.
Prior the approval of each building permit and to the satisfaction of the City of Chula
Vista Fire Marshall, the proposed project shall meet the provisions of the City's
adopted California Fire Code. In meeting said provisions, the project shall also meet
the minimum fire flow requirements based upon construction type and square
footage.
The applicant shall deliver a site for a future fire station in accordance with the
triggers/phasing prescribed in the PFFP.
Subject to approval of the City Council, in lieu of paying the required impact fee, the
Applicant may satisfY that requirement through a written agreement by which the
Applicant agrees to either pay the fee or build the facility in question, pursuant to the
terms of the agreement.
As identified in Section 4.0, Subchapter 4.11 of the EIR, pursuant to section 15091 (a)(l) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the EIR to
a level of insignificance by implementation of the mitigation measure(s) listed above.
Police Services
Impact:
The CVPD currently does not meet GMOC thresholds for responses to Priority II calls. The
proposed SPA Plan would increase demand for police protection services, which could increase
response times if additional police officers are not provided commensurate with demand. This
is considered a significant impact.
Explanation:
The project would generate a residential population of 7,696 people and the employment base
associated with 3.4 million square feet of non-residential development, which would increase
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demand on fire and emergency medical services. The Applicant's PFDIF addresses the
project's proportional impact on capital facilities, such as structures and equipment, associated
with the police protection. In addition, the City Council has adopted Threshold Standards
establishing "quality-of-life" indicators which the GMOC assesses annually for compliance.
Should the GMOC determine that the growth management threshold standard is not being
satisfied because of the impacts of growth, the City Council shall consider adopting specific
mitigation measures to bring the condition into conformance, prior to issuing further building
permits. However, if adequate police services are not provided commensurate with the
project's demand, the project would have a significant impact with respect to police services.
Mitigation Measures:
The following mitigation measures are feasible and are required as conditions of approval and
are made binding on the applicant through the findings (EIR Section 4.0, Subchapter 4.11 page
4.11.22).
4.11.2-1
4.11.2-2
4.11.2-3
Finding:
Prior to the issuance of each building permit for any residential dwelling units, the
Applicant(s) shall pay Public Facilities Development Impact Fees (PFDIF) in
accordance with the fees in effect at the time of building permit issuance and
phasing approved in the PFFP, unless stated otherwise in a separate development
agreement.
The City of Chula Vista shall continue to monitor the CVPD responses to
emergency calls and report the results to the GMOC on an annual basis.
Prior to approval of each design review permit, site plans shall be reviewed by the
CVPD to ensure the incorporation of CPTED features and other recommendations
of the CVPD, including, but not limited to, controlled access points to parking lots
and buildings; maximizing the visibility along building fronts, sidewalks, paesos,
and public parks; and providing adequate street, parking lot, and parking structure
visibility and lighting.
As identified in Section 4.0, Subchapter 4.11, of the EIR, pursuant to section 15091(a)(l) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the EIR to
a level of insignificance by implementation of the mitigation measure(s) listed above.
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School Services
Impact:
Project implementation would result in a significant impact to elementary schools unless
construction of an elementary school coincides with student generation and associated service
demands. Provision of school facilities is the responsibility of the school district when
additional demand warrants.
Explanation:
The SPA Plan would generate approximately 624 elementary school students, 188 middle
school students and 283 high school students. According to the SUHSD, middle and high
schools serving the project site (EastLake Middle School and Olympian High School,
respectively) currently have capacity to accept the estimated middle and high school students
generated by the project. To provide for future elementary school demand in the EUC SPA
Plan, an elementary school site of approximately six acres is provided for within the EUC SPA
Plan. In addition, the Applicant will be required to pay school impact fees pursuant to
California Government Code, Section 65996(b) or enter into a mitigation agreement with the
school district. While the linallocation of the proposed elementary school site is not currently
known, the CVESD has expressed that its preferred location is within District 9 (central
southern neighborhood district) of the project, a designation which is reflected in the EUC SPA
Plan.
Mitigation Measures:
The following mitigation measures are feasible and are required as conditions of approval and
are made binding on the applicant through the findings (EIR Section 4.0, Subchaptcr 4.11, page
4.11.32).
4.11.3-1
Prior to the issuance of each building permit, the Applicant(s) shall provide the City
with evidence or certification by the CVESD that any fee charge, dedication, or
other requirement levied by the school district has been complied with or that the
district has determined the fee, charge, dedication or other requirements does not
apply to the construction.
4.11.3-2
Prior to approval of a final map for private devclopment on Lots 26 or 27 of the
Tentative Map, the Applicant shall provide evidence from the CVESD that the site
has not been determined by the district to be needed for use as a school site.
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Finding:
As identified in Section 4.0, Subchapter 4.11, of the EIR, pursuant to section l509l(a)(1) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the EIR to
a level of insignificance by implementation of the mitigation measure(s) listed above.
Librarv Services
Impact:
Implementation of the SPA Plan will increase demand on library services. This would result in
a significant impact on libraries if the proposed library were not provided commensurate with
demand.
Explanation:
The project would increase demand on library services. The CVPL currently provides
approximately 102,000 square feet of library space to serve citywide population of
approximately 229,613. Based on the GMOC Threshold Standard of 500 square feet of library
space per 1,000 population, the total library space needed to serve the existing population of the
City would be approximately 114,807 square feet, indicating an existing shortfall of
approximately 12,807 square feet. The project, which incorporates a 30,000-square-foot future
library in the Civic Core, would generate a demand for an additional 3,848 SF of library space
(500 SF/! ,000 population). As this floor area would exceed project-level and city-wide
demand, the proposed library in the EUC would provide sufficient library space in accordance
with existing GMOC standards. However, if a new library and adequate library services are not
provided commensurate with growth, the project could have a significant impact with respect to
library services.
Mitigation Measures:
The following mitigation measures are feasible and are required as conditions of approval and
are made binding on the applicant through the findings (ErR Section 4.0, Subchapter 4.11, page
4.11-39).
4.11.4-1
Prior to the issuance of each building permit for any residential dwelling units, the
Applicant shall pay required Public Facility Development Impact Fees in accordance
with the fees in effect at the time of building permit issuance and phasing approved
in the PFFP.
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4.11.4-2
The Applicant shall deliver a site for the public library in accordance with the PFFP.
4.11.4-3
Subject to approval of the City Council, in lieu of paying the required impact fee, the
Applicant may satisfY that requirement through a written agreement by which the
Applicant agrees to either pay the fee or build the facility in question, pursuant to the
terms of the agreement.
Finding;
As identified in Section 4.0, Subchapter 4.1, of the EIR, pursuant to section 15091(a)(I) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the EIR to
a level of insignificance by implementation ofthe mitigation measurers) listed above.
Parks, Recreation. Onen Snaee and Trails
Impact:
The proposed SPA Plan would increase demand on parks and recreational facilities. A
potentially significant impact could result if dedication of parkland and development of new
recreation facilities does not coincide with project implementation and project population
growth.
Explanation:
The proposed project (2,983 multi-family units) would be required to dedicate land, provide in-
lieu fees, or provide park development improvements equivalent to 23.36 acres of parkland
pursuant to the requirements of the CVMC. The proposed project would provide 15.63 acres of
parkland, consisting of the Civic Park, a Town Square Park with its 40-foot wide connection to
Street K, four urban scale neighborhood parks, office plazas, and dedicated jogging/walking
promenade. The difference between 15.63 and 23.36 acres (7.73 acres) would be provided
through the payment of in lieu fees. A portion of the in lieu fees would be reinvested into the
previously mentioned 15.63 acres of parkland, an amount representing 5.88 acres of developed
parkland (representing 25 percent of overall park obligation). Another portion ofthe in lieu fees
would go toward the delivery of recreational facilities at an off-site location, an amount
representing 1.85 acres of developed parkland. Although the project would meet its obligation
for parks and recreational space, if facilities and in lieu fees are not provided commensurate
with growth, the project could have a significant impact with respect to parks.
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Mitigation Measures:
The following mitigation measures are feasible and are required as conditions of approval and
are made binding on the applicant through the findings (EIR Section 4.0, Subchapter 4.11, page
4.11-60).
4.11.5-1
4.11.5-2
4.11.5.3
Finding:
Prior to approval of the final map(s), or for projects not requiring a final map prior to
building pennit approval, for residential projects, the Applicant(s) shall dedicate
parkland and pay in lieu fees for the area covered by the fmal map(s). The delivery
of said parkland and payment of in lieu fees shall be in accordance with the fees and
phasing approved in the Public Facilities Financing Plan for the SPA Plan and an
EUC Park Agreement, subject to approval of the Directors of Recreation and
Development Services.
Prior to issuance of each building pennit for any residential dwelling units, the
Applicant(s) shall pay recreation facility development impact fees (part of the Public
Facilities Development Impact Fee) in accordance with the fees in effect at the time
of building permit issuance and phasing approved in the PFFP for the SPA Plan,
subject to approval of the Directors of Recreation and Development Services.
The Applicant may, subject to City Council approval, enter into a written agreement
with the City identifYing the Applicant's parkland acreage dedication, park
development improvements, and in lieu fee obligations and the timing and method
of satisfYing those obligations. If the Applicant and the City enter into such an
agreement, the Applicant may satisfY its parkland dedication, improvement and in
lieu fee obligations pursuant to the terms of that agreement.
As identified in Section 4.0, Subchapter 4.11, of the EIR, pursuant to section 15091(a)(1) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the ErR to
a level of insignificance by implementation of the mitigation measure(s) listed above.
Water Services
Impact:
The impact to water storage and pumping facilities would be significant if construction of
facilities does not coincide with anticipated growth. As fue flow requirements are a function of
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the size and materials of structures, and no structure locations or specifications are available at
this time, fire flow pressure requirements are not currently known at this time and could be
significant.
Explanation:
OWD's storage facilities in the EUC's service area (980 PZ) currently include two 5-milIion
gallon storage tanks. OWD's currently proposed an additional 13 million-gallon tank within the
980 PZ. Additional storage is located in the OWD's 624 PZ via pumping operations. The new
980-2 pump station was recently completed and is in operation to supply the 980 PZ directly
from the 624 PZOWD. In addition, OWD continues to construct recycled water storage,
pumpIng, transmission, and distribution facilities to meet projectcd recycled water market
demands.
The OWD has approved a Water Supply Assessment and Verification report for the proposed
project. The proposed project's estimated average daily total potable water demand (908,381
gpd) would not exceed the OWD's projections for the EUC SPA of approximately 911,689 gpd
at project buildout, or the water demand forecasts of the OWD's 2005 UWMP. Thus, the
proposed project would not have a significant impact with respect to water supply because
sufficient water supplies are available from existing entitlements and resources. However,
although the proposed project would not significantly impact the ability of OWD to provide
service, mitigation measures are provided to ensure water availability. Furthermore, if
construction of on-site water conveyance and storage facilities does not coincide with the
project's anticipated growth, the project would have a significant impact with respect to these
facilities.
Fire flow requirements are a function of the size and materials of structures. As part of the
building pennit process, the City of Chula Vista Fire Department will evaluate fire flow
requirements. The Applicant is required to prepare a final SAMP prior to approval of the first fmal
map. The SAMP will be reviewed by the City of Chula Vista and approved by OWD. Among other
topics, the SAMP will identifY existing on-and off-site pipeline locations, size and capacity and the
City of Chula Vista's fire flow requirements (flow rate, duration, hydrant spacing, etc). Since no
structure locations or specifications are available at this time, fire flow pressure requirements
are not currently known and, therefore, could be significant.
Mitigation Measures:
The following mitigation measures are feasible and are required as conditions of approval and
are made binding on the applicant through the findings (EIR Section 4.0, Subchapter 4. 11, page
4.11-91 ).
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4.]1.6-]
4.] 1.6-2
4.]1.6-3
Finding:
Prior to issuance of each building permit, the permit applicant shal] deliver to the
City service availability letters from the appropriate water district.
Prior to approval of the first fmal map, the applicant shall provide a Sub-Area
Master Plan (SAMP) to the Otay Water District. Water facilities improvements shal]
be fmanced or installed on-site and off-site in accordance with the fees and phasing
in the approved PFFP and SAMP. The SAMP shall include, but shall not be limited
to:
. Existing pipeline locations, size, and capacity;
. The proposed points of connection and system;
o The estimated water demands and/or sewer flow calculations;
. Governing fire department's flow requirements (flow rate, duration, hydrant
spacing, etc);
o Agency Master Plan;
o Agency's planning criteria (see Sections 4.] through 4.3 of the Water Agencies
Standards);
o Water quality maintenance; and
o Size of the system and number of lots to be served.
Prior to approval of the first final map, the applicant shall obtain OWD's approval of
the Sub Area Master Plan (SAMP) for both potable and recycled water. Anyon-site
and off-site facilities identified in the SAMP required to serve a final mapped area
shall be secured or constructed by the applicant prior to the approval of the fmal
map.
As identified in Section 4.0, Subchapter 4.], of the EIR, pursuant to section ]5091(a)(1) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the EIR to
a level of insignificance by implementation ofthe mitigation measure(s) listed above.
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Wastewater Services
Impact:
The proposed project together with other foreseeable growth in the City, would require sewage
treatment beyond the City's existing wastewater treatment capacity rights and allocated
additional treatment capacity, which would require additional capacity from METRO or other
sources to support treatment needs through the year 2030. As the means by which additional
treatment capacity would be acquired is unknown and the development of additional capacity
may require construction of new treatment facilities, the development of new or expanded
treatment facilities may result in a potentially significant environmental impact, even
understanding that such projects would likely be subject to environmental review. With respect
to the ultimate capacity of off-site sewage conveyance lines, mitigation measures are
recommended to ensure that the proposed project would not exceed the capacity of any line in
the existing wastewater conveyance system by more than 75 percent of pipe capacity for pipes
greater than l2-inch in diameter or 50 percent for pipes l2-inch or less in diameter.
Explanation:
Together with other foreseeable growth in the City, the proposed project would require sewage
treatment beyond the City's existing wastewater treatment capacity rights and allocated
additional treatment capacity to support treatment needs through the year 2030. Therefore,
additional capacity would need to be acquired from METRO or other sources. The means by
which additional treatment capacity would be acquired is unknown and the development of
additional capacity may involve the purchase of capacity from another agency, or require
construction of new treatment facilities. As the location and scope of construction for any
newly developed treatment facilities is unknown, the development of new or expanded
treatment facilities may result in a potentially significant environmental impact, even
understanding that such projects would likely be subject to environmental review.
The construction of new sewer facilities within the project site and off-site improvement areas
has the potential to result in significant short-term impacts including dust; noise; impacts on
biological, archaeological, and paleontological resources; erosion; and ground water
contamination. These impacts are addressed in the respective Air Quality; Noise; Cultural
Resources; Biological Resources; and Hydrology and Water Quality subchapters of the EIR.
The project would not exceed ultimate conveyance capacity in any line in the existing
wastewater conveyance system by more than 75 percent of pipe capacity for pipes greater than
12-inch in diameter or 50 percent for pipes 12-inch or less in diameter. Mitigation measures are
recommended to ensure compliance.
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Mitigation Measures:
The following mitigation measures are feasible and are required as conditions of approval and
are made binding on the applicant through the findings (ErR Section 4.0, Subchapter 4. I I, page
4.11-110).
4.11.7-1
Prior to design review approval and in accordance with the Intensity Transfer
provisions in the EVC SPA Plan, the Applicant(s) shall provide a wastewater
technical report with each proposed project requesting an intensity transfer. The
technical report shall demonstrate to the satisfaction of the City Engineer that
adequate wastewater infrastructure will be available to support the transfer. The
transfer of residential density shall be limited by the ability of sewerage facilities to
accommodate flows (as shown in Figure 4.11-7, Allowable EDU's in the On-site
Sewer System).
4.11.7-2
Prior to issuance of the first building permit related to any uses within the portion of
the EVC served by the Poggi Canyon System, and to the satisfaction of the City
Engineer, the developer shall:
o Bond for the improvement of the constrained reach at Brandywine Avenue
(Reach P270) with the first final map for the project;
o Monitor sewer flows within the Poggi Canyon Sewer Basin to the satisfaction of
the City Engineer and submit quarterly reports to the City upon the issuance of
the first building permit for the EVC;
o Obtain the approval for the improvement pian and any necessary environmental
permits for Reach P270 prior to the first final "B" map, unless otherwise
approved by the City Engineer;
o Commence construction of Reach P270 upon reaching a dID of 0.75, unless
otherwise approved by the City Engineer;
o Complete construction of Reach P270 the sooner of one year after occupancy of
the first unit scwering to the Poggi Canyon System, or a dID of 0.85, unless
otherwise approved by the City Engineer;
· Not seek building permits within the Poggi Canyon Sewer Basin if any segment
of the Poggi Canyon Trunk Sewer achieves a dID of 0.85, or the City Engineer
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has determined, at his sole discretion, that there is not enough San Diego
METRO treatment capacity for the proposed project; and
· Upon the completion of the Rock Mountain Trunk Sewer, divert those Village
Seven flows from the Poggi Canyon Sewer Basin that were ultimately designed
to flow to Salt Creek Sewer Basin so that additional capacity is provided for the
EUC's permanent flows.
4. 11.7-3
Prior to issuance of the first building permit related to any uses within the portion of
the EUC served by the Village Eleven sewer lateral to the Salt Creek Sewer
Interceptor, and to the satisfaction of the City Engineer, the developer shall:
· Bond for the improvement of the constrained reach along the Village Eleven
lateral into the Salt Creek Sewer Interceptor with the first final map for the
proposed project;
o Monitor sewer flows within the constrained reach along the Village Eleven
lateral into the Salt Creek Sewer Interceptor to the satisfaction of the City
Engineer and submit quarterly reports to the City upon the issuance of the first
building permit for the proposed project that sewers to the Salt Creek System;
o Obtain the approval for the improvement plan and any necessary environmental
permits for the constrained reach along the Village Eleven lateral into the Salt
Creek Sewer Interceptor prior to the first final "B" map covering any parcel that
sewers to the Salt Creek System, unless otherwise approved by the City
Engineer;
o Commence construction of the constrained reach along the Village Eleven lateral
into the Salt Creek Sewer Interceptor upon reaching a dID of 0.75, unless
otherwise approved by the City Engineer;
o Complete construction of the constrained reach along the Village Eleven lateral
into the Salt Creek Sewer Interceptor the sooner of one year after occupancy of
the first unit sewering to the Salt Creek System, or a dID of 0.85, unless
otherwise approved by the City Engineer;
o Not seek building permits within the Salt Creek Sewer Basin if any portion of
the constrained reach along the Village Eleven lateral into the Salt Creek Sewer
Interceptor achieves a dID of 0.85, or the City Engineer has determined, at his
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sole discretion, that there is not enough San Diego METRO treatment capacity
for the proposed project; and
· Upon the completion of the Rock Mountain Trunk Sewer, divert those
temporary flows from the constrained reach along the Village Eleven lateral to
the sewer within Bob Pletcher Way.
4.11.7-4
Prior to issuance of each building permit, the Applicant shall pay the DIF at the rate
in effect at the time of building permit issuance and corresponding to the sewer basin
that the building will permanently sewer to, unless stated otherwise in a
development agreement that has been approved by the City Council.
Finding:
As identified in Section 4.0, Subchapter 4.11, of the EIR, pursuant to section 15091(a)(l) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
will substantially lessen environmental effect as identified in the EIR. However, the proposed
project could require sewage treatment beyond the City's existing wastewater treatment capacity
rights and allocated additional treatment capacity. As additional capacity may need to be
acquired from METRO or other sources to support treatment needs through the Year 2030 and
could include the acquisition of available METRO treatment capacity from another participating
agency, and as the location and scope of construction for any future expanded or newly
developed treatment facilities is unknown, the development of new or expanded treatment
facilities may result in potentially significant and unavoidable impacts.
HAZARDS AND RISK OF UPSET
Impact:
The proposed fire station would require the use fuel storage tanks containing hazardous materials.
In addition, potentially significant impacts could result from the exposure of construction workers
and the public to any OCP-containing soils in Areas A, B, and C of the EVC SPA Plan area.
Exposure may result from any OCP-containing soils that would be released or become airborne
during excavation, be left uncovered on-site, or exported off-site. The presence of organic toxins
and gases at the future school site may exceed CVESD and state standards for public schools; thus
the project would have a potentially significant impact with respect to this threshold. Hazards
associated with the poor visibility of tall structures under construction or rooftop cranes may
contribute to an airport-related hazard, due to the proximity of Brown Field and aircraft over flight
of the EVC under VFR or circle-to-Iand procedures. Also, as buildings, rooftop cranes and other
temporary construction equipment in the EVC may exceed 170 feet in height, these structures
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would be approximately 270 feet higher than the Brown Field runway elevation. This may present
an aircraft safety hazard. Vacant lands in which weeds and brush have not been controlled in close
proximity to occupied uses may present a potentially significant wildfire hazard. Operation of the
project would involve the routine use of common landscaping, construction, and cleaning materials
that may be hazardous to the environment, if not managed according to state statutes and
manufactures' recommendations.
Explanation:
While the site is not listed as a hazardous site on any regulatory database, the proposed project
could result in a direct impact to public health and safety due to soil contamination at the project
site. The proposed fire station would require the use fuel storage tanks containing hazardous
materials. Hazards associated with the poor visibility of tall structures under construction or
rooftop cranes may contribute to an airport-related hazard, due to the proximity of Brown Field.
In addition, vacant lands in which weeds and brush have not been controlled in close proximity
to occupied uses may present a potentially significant wildfire hazard.
Mitigation Measures:
The following mitigation measures are feasible and are required as conditions of approval and
are made binding on the applicant through the findings (EIR Section 4.0, Subchapter 4.2, page
4.12-21).
4.12-1
4.12-2
Prior to approval of grading permits, the following note shall be placed on the
grading plans to the satisfaction of the City Engineer: "Grading with Areas A, B, and
C, as shown in Figure 2 of the Organic Pesticide Assessment and Soil Reuse Plan
(prepared by Geocon dated June 5, 2007, revised October 4, 2007), shall be
managed in accordance with the remediation measures included in the Organic
Pesticide Assessment and Soil Reuse Plan (prepared by Geocon dated June 5,2007,
revised October 4, 2007) to the satisfaction of the City Engineer." The grading plans
shall demonstrate compliance with the 2007 Geocon report.
In accordance with the City's waste management ordinances and Stormwater
Manual, the applicant shall implement Best Management Practices in Areas A, B,
and C, during the excavation and placement of soil from the upper two feet of
existing grade, so that dust, erosion, excessive pooling, and stormwater runoff do not
pose a problem at the site to the satisfaction of the City Engineer.
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4.12-3
4.12-4
4.12-5
4.12-6
Finding:
Prior to issuance of occupancy permit, the developer shall post information
regarding Pacific Waste Services' Households Hazardous Waste Collection Facility
within each residential unit.
Prior to issuance of building permits, the FAA shall be notified of each high-rise
building, structure or construction equipment that would be 800 feet or more above
MSL (275 feet above Brown Field ground level). FAA recommendations regarding
marking and/or lighting shall be incorporated into unfinished high rise buildings,
rooftop cranes, finished high rise buildings, and any other tall structures.
Brush and weed control within open space and undeveloped areas of the EUC not
used for agricultural purposed shall be implemented as applicable in accordance
with the City's Urban Wildland Interface Code.
Concurrent with the first submittal of construction plans for the fITe station, the fire
station design shall demonstrate to the satisfaction of the Director of Development
Services and Fire Marshal that the above-ground fuel tanks comply with applicable
local, State and Federal fuel storage and containment regulations.
As identified in Section 4.0, Subchapter 4.12, of the EIR, pursuant to section 15091(a)(1) of the
CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that
will substantially lessen or avoid the significant environmental effect as identified in the EIR to
a level of insignificance by implementation of the mitigation measurers) listed above.
GLOBAL CLIMATE CHANGE
Impact:
The project has the potential for increased exposure to one or more of the potential adverse
effects of global warming identified in the California Global Warming Solutions Act of 2006
particularly as related to regional and local air quality resulting from construction and operation
of the proj eel.
Explanation:
As the proposed project would have significant impacts related to regional and local air quality
resulting from construction and operation of the project, the project would potentially increase
exposure to one or more of the potential adverse effects of global warming identified in the
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California Global Warming Solutions Act of 2006. By incorporating LEED features and
implementing the AQIP and WCP, the proposed project would result in GHG emission rates 31
percent lower than "business as usual". The project would represent a minor increment, 0.037
percent of 2004 State-wide total emissions. Because these features and measures would
meaningfully reduce project GHG emissions and are consistent with the State's CAT strategies,
the project would not conflict with or obstruct the State's goals regarding global climate change
and impacts in this regard. In addition, the proposed project would incorporate construction
"best practices," that would reduce GHG emissions. These "best practices" represent an
improvement above conventional construction practices, and thus are an improvement above
"business as usual". Therefore, impacts in this regard would be less than significant.
Mitigation Measures:
See mitigation measures provided in EIR Section 4.0, Subchapters 4.3, Transportation; 4.4, Air
Quality; 4.9, Hydrology and Drainage; and 4.11.6, Water, of also serve to reduce GHG
emissions or otherwise address global climate change concerns.
Finding:
As identified in Section 4.0, Subchapters 4.3, 4.4, 4.9, and 4.11 of the EIR, pursuant to section
15091(a)(l) of the CEQA Guidelines, changes or alterations are required in, or incorporated
into, the project that will substantially lessen or avoid the significant environmental effect as
identified in the EIR to a level of insignificance by implementation of the mitigation measure(s)
listed above.
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IX.
CUMULATIVE SIGNIFICANT EFFECTS & MITIGATION MEASURES
Cumulative impacts are those which "are considerable when viewed in connection with the
effects of past projects, the effect of other current projects, and the effects of probable future
projects" [Pub. Resources Code Section 21083 subd. (b)(2)]. Under CEQA Guidelines S
15130(b), cumulative impacts can be measured against either a list of past, present and probable
tuture projects or a summary of projections from the City's adopted general plan. The adopted
General Plan Update EIR (ErR 05-01) provides a comprehensive examination of the cumulative
impacts associated with buildout of the entire Otay Ranch in conjunction with other related
projects. Since the proposed project is consistent with the adopted General Plan, the
cumulative impact analysis in the EUC EIR relies on and incorporates by reference the
cumulative analysis in the City of Chula Vista General Plan EIR. In addition, to be sure all
possible impacts were identified, the EIR supplemented that approach with certain known
projects in the region, namely the Village Two, Three, and Portion of Four SPA Plan and Chula
Vista Bayfront Master Plan. Potentially significant cumulative impacts are associated with
development of the project in conjunction with these surrounding development projects.
In formulating mitigation measures for the project, regional issues and cumulative impacts have
been taken into consideration. Many of the mitigation measures adopted for the cumulative
impacts are similar to the project level mitigation measures. This reflects the inability of the
Lead Agency to impose mitigation measures on surrounding jurisdictions (i.e., City of San
Diego, City of National City, and Caltrans) and the contribution of these jurisdictions to
cumulative impacts. The project, along with other related projects, will result in the following
irreversible cumulative environmental changes. All page numbers following the impacts refer
to pages in the EIR.
Impact: Landform AIterationNisual Quality
Development of the proposed SPA Plan would contribute to a cumulative change in the visual
character of the region from open space to permanent urban development.
Explanation:
The impact on the aesthetic character of the region, which is related to the conversion of open,
rolling hills to a developed condition would be cumulatively significant, when combined with
other open space that would be affected by related projects in the surrounding area. The
General Plan Update EIR concluded that the conversion of open, rolling hills to developed
condition would be cumulatively significant.
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Mitigation Measures:
No mitigation has been identified for the proposed SPA Plan to reduce this impact, and
therefore, the SPA Plan would result in significant cumulative impacts related to a change in the
visual character of the project area that cannot be fully mitigated.
Finding:
The only mitigation available for this impact is the No Project Alternative. However, this
alternative would not meet the goals and objectives of the proposed project as discussed in the
EIR. Therefore, pursuant to section 15091(a)(3) of the CEQA Guidelines, specific economic,
legal, social, technological, or other considerations make this alternative infeasible.
Impact: Transportation
The proposed project would contribute to significant cumulative traffic impacts on segments of
I-80S.
Explanation:
The impact of the project on freeway segments for Horizon Y~ars 2010,2015,2020, and 2030
is summarized in EIR Section 4.0, Subchapter 4.3, Table 4.3-12 on page 4.3-38, Table 4.3-15
on page 4.3-48, Table 4-3-18 on page 4.3-57, and Table 4.3-2 I on page 4.3-68. The General
Plan Update EIR concludes that, even though mitigation measures exist to reduce traffic-related
impacts, the incremental cumulative impacts would remain significant and unmitigable.
As shown in these tables the project would have a potentially significant cumulative impact on
the following segments of the I-80S freeway:
Horizon Year 2015 with Project:
. Southbound Interstate 805 - Telegraph Canyon Road to Olympic Parkway
Year 2020 with Project.
. Northbound Interstate 805 - Telegraph Canyon Road to Olympic Park-way
. Southbound Interstate 805 - Telegraph Canyon Road to Olympic Parkway
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Year 2030 Build-Out with Project:
· Northbound Interstate 805 - Telegraph Canyon Road to Olympic Parkway
· Southbound Interstate 805 - Telegraph Canyon Road to Olympic Parkway
· Southbound Interstate 805 - Olympic Parkway to Main Street
Mitigation Measures:
Although implementation of previously described traffic mItIgation measures would reduce
impacts to a less than significant level along several freeway segments, no specific
improvements have been identified to mitigate the proposed project's cumulative impacts along
the freeway segments listed below. Thus, impacts to these freeway segments would remain
significant and unavoidable.
. Northbound Interstate 805 from Telegraph Canyon Road to Olympic Parkway (2020
and 2030 - Cumulative)
o Southbound Interstate 805 from Telegraph Canyon Road to Olympic Park'Way (2015,
2020, and 2030 Cumulative)
. Southbound Interstate 805 from Olympic Parkway to Main Street (2030 - Cumulative)
Finding:
While implementation of the measures described above, in addition to adherence to applicable
laws and regulations, would reduce significant cumulative impacts to some freeway segments
below a level of significance, improvement to I-80S is the responsibility of SANDAG and
outside the jurisdiction of the City. Therefore, pursuant to section 15091(a)(2) of the State
CEQA Guidelines, such changes or alterations are within the responsibility and jurisdiction of
another public agency and not the agency making the finding. Such changes can and should be
adopted by such other agency.
Impact: Air Quality
The proposed project would result in temporary and long-term air quality impacts associated
with construction and operation of the proposed project. The analysis of cumulative air quality
impacts contained in EIR Section 5.0 found that cumulative impacts related to construction and
long-term mobile emissions would be cumulatively significant. In addition, the project would
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result in a cumulative air quality impact associated with inconsistency with SANDAG's RAQs.
The General Plan Update EIR also concludes that a significant cumulative impact would result
from inconsistency between the proposed General Plan and the RAQS. The only measure to
reduce this inconsistency to a less than significant level would be an update of the RAQS,
which is the responsibility of SANDAG and the San Diego APCD and is outside the jurisdiction
of the City.
Explanation:
During construction of the proposed project and under a worst-case scenario assuming full
buildout of the project in ten years, emissions of CO, NOx, VOC, PMIO and PM2.5 would
exceed the City of Chula Vista's significance threshold. With mitigation, emissions would
continue to exceed regional significance thresholds and the proposed project would contribute
substantially to cumulative air quality impacts. In addition, operational impacts, primarily
associated with vehicle travel, would be above the City of Chula Vista's significance thresholds
for CO, NOx, VOC, PMIO and PM25 during project operation. As a result, operational
emissions would contribute to cumulatively significant impacts. The GDP Program EIR (EIR
90-01) also determined that operational impacts would be cumulativcly significant.
Mitigation Measures:
No mitigation is available to reduce this cumulatively significant impact to less than significant
levels.
Finding:
Under a worst-case scenario, project-related construction activItIes and operation (traffic)
emissions will exceed the identified significance thresholds for CO, NOx, VOC, PMIO and
PM2.5. No feasible mitigation is available to reduce this to a less than significant level, because
it is a regional issue. Therefore, pursuant to section 15091(a)(3) of the CEQA Guidelines,
specific economic, legal, social, technological, or other considerations make infeasible the
mitigation measures or project alternatives identified in the Final EIR.
Impact: Noise
The proposed project and related projects will result in a cumulative significant noise impact
from mobile sources at key roadway segments.
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Explanation:
The project and related projects could exacerbate noise levels to a magnitude that significantly
impacts receivers where traffic volumes are projected to result in noise level increases of more
than 3 dB, particularly at key intersections. As mitigation to reduce high noise levels at existing
receiver sites is not available, noise impacts are cumulatively considerable, significant, and not
mitigated. Project-related traffic is estimated to increase mobile noise from 0.4 to 2.4 dBA and
would be below the 3.0 dBA significance threshold. Nonetheless, the cumulative noise increase
resulting from the proposed project in combination with related projects is expected to exceed
the 3.0 dBA significance threshold on key roadway segments and is considered cumulatively
significant.
Mitigation Measures:
Mitigation measures 4.5-1 through 4.5-7 would reduce the project's contribution to cumulative
noise impacts, however cumulative noise impacts would remain significant and unavoidable.
Finding:
Since noise generated by regional traffic is not under the control or influence of the City, no
feasible mitigation is available to reduce noise levels along key roadway segments to a less than
significant level. Therefore, pursuant to section 15091(a)(3) of the CEQA Guidelines, specific
economic, legal, social, technological, or other considerations make infeasible the mitigation
measures or project alternatives identified in the Final EIR.
Impact: Archaeological Resources
Development of the proposed SPA Plan would potentially contribute to a cumulative impact on
archaeological resources.
Explanation:
The continued pressure to develop or redevelop areas would result in incremental impacts to the
historical record in the San Diego region. Regardless of the efforts to avoid impacts to cultural
resources, the more that land is converted to developed uses, the greater the potential for
impacts to historical and archaeological resources. While any individual project may avoid or
mitigate the direct loss of a specific resource, the effect on regional archaeological and
historical resources is considerable when considered cumulatively.
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Mitigation Measures:
Project mitigation measures 4.6-1 through 4.6-5, above, would reduce the project's impacts to a
less than significant level. However, these mitigation measures do not address impacts
associated with related or other regional projects over which the project and the City have no
influence.
Finding:
Since the project and the City have no influence over all other related projects or regional
projects, no mitigation measures are available to reduce this cumulative impact to below a level
of significance. The potential cumulative impact on archaeological resources remains
significant and unmitigated. Therefore, pursuant to section 15091 (a)(3) of the CEQA
Guidelines, specific economic, legal, social, technological, or other considerations make
infeasible the mitigation measures or project alternatives identified in the Final E1R.
Impact: Agricultural Resources
The loss of land suitable for the production of crops would result in a significant cumulative
impact due to the incremental and irreversible loss or impairment of Farmland of Local
Importance.
Explanation:
Development of the SPA Plan would result in a significant impact on agricultural resources, due
to the loss of 858.8 acres of Farmland of Local Importance and the conversion of 321.72 acres
of Grazing Land to urban uses within the region. The loss of this acreage would result in a
significant unavoidable impact due to the incremental and irreversible loss or impairment of
Farmland of Local Importance and Grazing Land. In adopting the Findings of Fact to approve
the Otay Ranch GDP, the City Council found that there are no feasible measures that would
mitigate the impact below a level of significant, and a Statement of Overriding Considerations
was adopted. This impact is identical to that assessed in the Otay Ranch GDP Program EIR
(EIR 90-01). The SPA Plan would not result in any new significant adverse impacts to
agricultural resources, or an intensification of such impacts, that were not analyzed in the GDP
Program EIR.
Finding:
The incremental and cumulative loss of agricultural lands, which was considered a significant
impact in the Otay Ranch GDP Program EIR, remains significant, and no mitigation measures
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are available to reduce this impact to below a level of significance. This incremental loss
remains significant and unmitigated. Therefore, pursuant to section 15091(a)(3) of the CEQA
Guidelines, specific economic, legal, social, technological, or other considerations make
infeasible the mitigation measures or project alternatives identified in the Final EIR.
Impact: Water Services
Development of the proposed SPA Plan would potentially contribute to a cumulative impact
with respect to water supply.
Explanation:
The General Plan EIR states that buildout would have a significant adverse impact with respect
to water supply that would require corresponding improvements to treatment and distribution
facilities. According to the General Plan ErR, the inability of the City to state conclusively that
sufficient water supplies would be available to individual projects and the higher demand
projected under the adopted General Plan compared to water forecasts based on SANDAG
population growth forecasts would be potentially significant. The General Plan EIR concluded
that it cannot be assured that water would be available to adequately serve the projected
increase in population and, therefore, concluded that water impacts would be significant and
unmitigated. Although the regional water supplier has concluded that water available to service
the proposed project would be adequate, impacts associated with water supply and
infrastructure are considered cumulatively significant, in accordance with the General Plan EIR.
Mitigation Measures:
Project mitigation measures 4.11.6.1 through 4.11.6-3 would reduce the project's impacts to a
less than significant level. However, these mitigation measures do not address impacts
associated with related or other regional projects over which the project and the City have no
infJ uence.
Finding:
Since the project and the City have no influence over all other related projects or regional
projects, no additional mitigation measures beyond those provided for the project are available
to reduce this cumulative impact to below a level of significance. The potential cumulative
impact on water supply remains significant and unmitigated. Therefore, pursuant to section
15091(a)(3) of the CEQA Guidelines, specific economic, legal, social, technological, or other
considerations make infeasible the mitigation measures or project alternatives identified in the
Final EIR.
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Impact: Wastewater Services
Development of the proposed SPA Plan would potentially contribute to a cumulative impact
with respect to wastewater services.
Explanation:
The General Plan EIR states that projected future flows at buildout of the General Plan would
exceed the City's current capacity and that additional population will place additional demand
on sewer services. Therefore the wastewater generated by the project combined with other
planned projects would require sewage treatment capacity beyond the City's existing capacity
rights and allocated additional treatment capacity. However, the General Plan EIR concludes
that implementation of General Plan policies GM 1.1, 1.5, 1.9 and 1.11 avoid impacts
associated with completion of infrastructure. In addition to General Plan policies, CVMC
sections 18.16 and 19.09.050 requiring the provision of adequate facilities for all discretionary
permits would ensure impacts on wastewater facilities are less than significant. (Chula Vista
General Plan, pages 529-530). Although the General Plan EIR concludes that wastewater
services would be available to service the proposed project and that impacts would not be
cumulatively significant, mitigation measures are provided to ensure that the project does not
exceed the capacity of any line in the existing wastewater conveyance system by more than 75
percent of pipe capacity for pipes greater than 12 inches in diameter or 50 percent for pipes 12
inches or less in diameter. Additionally, existing policies require major developments to
prepare a PFFP that articulates needed facilities and identifies funding mechanisms and includes
provisions to withhold discretionary approvals and other measures. Thus, with monitoring of
treatment capacity prior to the approval of building permits, impacts associated with a shortfall
of wastewater capacity would not be cumulatively significant. However, the potential exists for
the proposed project and related projects to require sewage treatment beyond the City's existing
wastewater treatment capacity rights and allocated additional treatment capacity. The City may
need to acquire additional capacity from METRO or other sources. The means by which
additional treatment capacity would be acquired is unknown and may require construction of
new or expanded treatment facilities. As the location and scope of construction for any new
developed treatment facilities are unknown, the development of treatment facilities may result
in a potentially significant cumulative impact.
Mitigation Measures:
Project mitigation measures 4.11. 7.1 through 4.11.7-4 would ensure that the project's impacts
associated with wastewater conveyance systems remain less than significant. However, these
mitigation measures do not address impacts associated with related or other regional projects
over which the project and the City have no influence.
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Finding:
As the location and scope of construction for any future expanded or newly developed treatment
facilities is unknown, the development of treatment capacity may result in potentially
significant and unavoidable cumulative impacts associated with construction of new or
expanded treatment facilities. However, since the project and the City have no influence over
all future expanded or newly developed treatment facilities, no additional mitigation measures
beyond those provided for the project are available to reduce this cumulative impact to below a
level of significance. Therefore, pursuant to section IS091(a)(3) of the CEQA Guidelines,
specific economic, legal, social, technological, or other considerations make infeasible the
mitigation measures or project alternatives identified in the Final ElR.
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X.
FEASIBILITY OF POTENTIAL PROJECT AL TERNA TIVES
Because the project will cause significant environmental effects, as outlined above, the City
must consider the feasibility of any environmentally superior alternative to the project as finally
approved. The City must evaluate whether one or more of these alternatives could avoid or
substantially lessen the significant environmental effects. Where no significant environmental
effects remain after application of all feasible mitigation measures identified in the EIR, the
decision makers must still evaluate the project alternatives identified in the EIR. Under these
circumstances, CEQA requires findings on the feasibility of project alternatives.
CEQA Guidelines section 15126.6 requires that the EIR describe a range of reasonable
alternatives to the project or to the location of the project which would feasibly attain most of
the basic objectives of the project but would avoid or substantially lessen any of the project's
significant effects. The EIR must also evaluate the comparative merits of the alternatives. In
accordance with this requirement, the EUC ErR analyzed three alternatives to the project: (i) No
ProjectlNo Development Alternative; (ii) Reduced Density Alternative; and (iii) Adjusted Land
Use Mix Alternative. These alternatives were selected in response to the project's objectives
and in an effort to address the project's anticipated impacts.
The City has properly considered and reasonably rejected project alternatives as "infeasible"
pursuant to CEQA. CEQA provides the following definition of the term "feasible" as it applies
to the findings requirement: "feasible means capable of being accomplished in a successful
manner within a reasonable period of time, taking into account economic, environmental, social,
and technological factors" (Pub. Res. Code, section 21061.1). The CEQA Guidelines provide a
broader definition of "feasibility" that also encompasses "legal" factors. CEQA Guidelines
section 15364 states, "the lack of legal powers of an agency to use in imposing an alternative or
mitigation measure may be as great a limitation as any economic, environmental, social, or
technological factor" (see also Citizens of Goleta Valley v. Board of Supervisors (1990) 52
CaI.3d 553, 565 [276 CaI.Rptr.41 0]).
The concept of "feasibility" also encompasses the question of whether a particular alternative or
mitigation measure promotes the underlying goals and objectives of a project [City of Del Mar
v. City of San Diego (1982) 133 CaI.App.3d 410, 417]. '" [F]easibi1ity' under CEQA
encompasses 'desirability' to the extent that desirability is based on a reasonable balancing of
the relevant economic, environmental, social, and technological factors" [Id.; see also Sequoyah
Hills Homeowners Assn. v. City of Oakland (1993) 23 CaI.App.4th 704, 715].
These findings contrast and compare the alternatives where appropriate in order to demonstrate
that the selection of the finally approved project, while still resulting in significant
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environmental impacts, has substantial environmental, planning, fiscal, and other benefits. In
rejecting certain alternatives, the decision makers have examined the finally approved project
objectives and weighed the ability of the various alternatives to meet objectives. The decision
makers believe that the project best meets the finally approved project objectives with the least
environmental impact.
The detailed discussion in Section VIII and Section IX demonstrates that all but four significant
direct environmental effects of the project related to landform/aesthetics, air quality,
wastewater, and agriculture and eight cumulative environmental effects related to
landform/aesthetics, air quality, wastewater, agriculture, traffic, noise, archaeological resources,
and water have been either substantially lessened or avoided through the imposition of existing
policies or regulations or by the adoption of additional, formal mitigation measures
recommended in the EIR. The remaining unmitigated impacts are the following:
. Landform Alterations! Aesthetics: Aesthetic impact associated with the permanent change in
the open space character of the project site to a permanent urban use. Landform
Alteration/Aesthetics impacts would be direct and cumulative.
. Air Quality: Emissions of VOC, NOx, CO, PMlO and PM2.5 exceeding regional significance
threshold standards and non-compliance with SCAPCD's current RAQS. Air quality
impacts would be direct and cumulative.
o Agriculture: The permanent loss of 207 acres Farmland of Local Importance, with a loss of
approximately 59 acres of adjacent Farmland of Local Importance under Grading Option 1
(SSA) and approximately 28.5 acres under Grading Option 2. Impacts on Agricultural
Resources would be direct and cumulative.
. Wastewater: - The proposed project in combination with other foreseeable growth could
require sewage treatment beyond the City's existing wastewater treatment capacity rights
and allocated additional treatment capacity. As the location and scope of construction for
any future expanded or newly developed treatment facilities is unknown, the development
of treatment capacity may result in potentially significant and unavoidable impacts
associated with construction of new or expanded treatment facilities. The wastewater
impact would be direct and cumulative.
o Transportation: Significant cumulative impacts on the following three freeway segments (I)
northbound Interstate 805, between Telegraph Canyon Road and Olympic Parkway (2020
and 2030); (2) southbound Interstate 805, between Telegraph Canyon Road and Olympic
Parkway (2015, 2020, and 2030): and (3) southbound Interstate 805, between Olympic
Parkway and Main Street (2030). Traffic impacts would be cumulative, but not direct.
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· Noise: The project and related projects represented by the General Plan EIR could
exacerbate noise levels to a magnitude that significantly impacts receivers where traffic
volumes could increase more than 3 dB, particularly at key intersections. Although project-
specific mitigation measures would reduce noise impacts to less than significant level, as the
cumulative noise increase could exceed the 3.0 dBA, noise impacts are considered
cumulatively significant and unavoidable. The impact would cumulative, but not direct.
. Archaeological Resources: The project and related projects could result in significant
impacts on archaeological resources that may be uncovered during development. The
project has proposed mitigation measures to reduce project-related impacts on cultural
resources to a less than significant level. However, while any individual project may avoid
or mitigate the direct loss of a specific resource, the effect of the project in combination with
related projects would be considered significant and unavoidable, when considered
cumulatively. The impact on archaeological resources would be cumulative, but not direct.
· Water S uppl y: The regional water supplier has concluded that water available to service the
proposed project would be adequate; however, impacts associated with water supply and
infrastructure are considered cumulatively significant, in accordance with the General Plan
ElR. The General Plan EIR concluded that, as there is no assurance that water would be
available to adequately serve the projected increase in population, water impacts would be
significant and unmitigated. The impact on water supply would be cumulative, but not
direct.
The City can fully satisfy its CEQA obligations by determining whether any alternatives
identified in the EIR are both feasible and environmentally superior with respect to the impacts
listed above (Laurel Hills, supra, 83 Cal.App.3d at 519-527 [147 Cal. Rptr842]; Kings County
Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 692, 730-731 [270 Cal. Rptr. 650]; and
Laurel Heights Improvement Association v. Regents of the University of California (1988) 47
Cal.3d 376, 400-403 [253 Cal. Rptr. 426]). Table 8-3 in the EIR (EIR, Chapter 8.0, pages 8-34
through 8-38) provides a summary table comparing each of the alternatives. As the following
discussion will show, no identified alternative qualifies as both feasible and environmentally
superior with respect to the unmitigated impacts.
The City, having reviewed and considered the information contained in the EIR, finds pursuant
to Public Resources Code section 21081(a)(3) and CEQA Guidelines section 15091(a)(3) that:
(i) the EIR considers a reasonable range of alternatives; and (ii) specific economic, legal, social,
technological, or other considerations, including considerations for the provision of employment
opportunities for highly trained workers, make infeasible the project alternatives identified in
the EIR, as well as other alternatives which would reduce the impacts to below a level of
significance. This is described below as part of the evaluation of cach alternative.
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NO PROJECTINO DEVELOPMENT ALTERNATIVE
Section 15126.6, subdivision(e), of the CEQA Guidelines requires the evaluation of the "No
Project" alternative. Such an alternative "shall discuss the existing conditions, as well as what
would be reasonably expected to occur in the foreseeable future if the project were not
approved, based on current plans and consistent with available infrastructure and community
services."
The No Project Alternative (Alternative I) assumes that no SPA Plan would be developed
within the EUC, and the existing land uses within the project site would remain unchanged.
Accordingly, this alternative would be equivalent to the conditions discussed under existing
conditions for each category analyzed in this Draft EIR. The project site would remain in
agricultural use or remain fallow. Since no development would occur, environmental impacts
associated with construction and development would be avoided. The No Project Alternative
would avoid the proposed EUC SPA Plan's significant and unavoidable impacts associated with
the permanent change in visual character of the project site from open space to dense urban
development; construction and operation air emissions;' cumulative traffic impacts on three
segments of the I-80S freeway; and permanent loss of Farmland of Local Importance. However
this alternative would not meet the General Plan and GDP objectives that call for the Eastern
Urban Center to function as the high-density, mixed use downtown and regional heart of the
Otay Ranch Subarea and East Planning Area and to serve as a source of employment land in the
Otay Ranch. In addition, the No Project would not provide a link in the City's Greenway Trail;
it would not remediate existing stockpiled soils that have the potential to impact downstream
habitat; it would not remediate soils containing OPCs associated with the former use of
pesticides in the project site; it would not dedicate permanent open space in the Otay Ranch
Preserve in conformance with the Otay Ranch RMP; and it would not provide affordable
housing, as would the proposed project. The No Project Alternative would not achieve any of
the project objectives and would be inconsistent with the General Plan and GDP. As school,
fire, and library sites would not be provided, this alternative would result in a significant impact
on these more regional-serving public services. This alternative would also not generate any
fiscal revenues to the City nor would it generate any of the employment opportunities that the
proposed project does.
Although the No ProjectINo Development alternative is considered environmentally preferable
to the proposed project because it would eliminate many direct and cumulative impacts, it
would not accomplish several of the goals and objectives of the proposed project and is,
therefore, not feasible. Additionally, this alternative would result in land use conflicts because
it would not implement the City's General Plan or Otay Ranch GDP for the EUC.
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Findings:
The No ProjectINo Development alternative would not meet any of the basic project objectives
as listed in Section 3.4, Statement of Project Objectives, of this ErR, and in Section III of these
Findings of Fact.
The No ProjectINo Development alternative would not be consistent with regional transit
planning efforts as it would not provide the link in the regional transit route currently
contemplated to bisect the EVC and would remove a significant ridership generator for both
regional and local transit services.
The No ProjectINo Development alternative would not provide a link in the City's Greenway
Trail; therefore, conflicting with the City's Greenbelt Master Plan.
The No ProjectlNo Development alternative would not covey open space in accordance with the
Otay Ranch Resource Management Plan at a rate of 1.188 acres for each acre of development
for the progressive acquisition, or funding for acquisition, of the designated Otay Ranch
Preserve.
The No ProjectINo Dcvelopment alternative would not remediate existing stockpiled soils that
have the potential to impact downstream habitat.
The No ProjectlNo Development alternative would not remediate soils containing OPCs
associated with the forrner use of pesticides in the project site.
The No ProjectINo Dcvelopment alternative would not provide affordable housing, thus
conflicting with the housing goals of the General Plan, which recommends that housing be
provided for all income groups.
Retention of the project site in its eXlstmg state as primarily agricultural fields would be
inconsistent v~'ith the approved General Plan and existing Otay Ranch GDP land use
designations [or the site. Retention of the site in its current vacant condition would not
implement the goals of the General Plan and GDP to create a regional-serving mixed-use urban
focal element for the Otay Ranch in the EVC, and would thus require re-evaluation of the
existing GP and GDP.
The project proposcs to provide regional-serving public facilities designated in the Otay Ranch
GDP, including a fire station and library. It will also provide upgraded, off-site sewer
infrastructure improvements (the SCSL and peSr). None of these facilities would bc provided
with the No Project Alternative.
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Implementation of the No Project/No Development Alternative would not achieve any of the
objectives established for the project. Although this alternative would at least temporarily
preserve land which is currently undeveloped agricultural land on the project site, it would
amount to a failure to plan the site for eventual development, despite the EVC designation
contemplated in the General Plan and Otay Ranch GDP.
The No Project/No Development Alternative is inconsistent with the City's objectives: to plan
the project area in a comprehensive manner in a way that deals with the logical extension of
public services and utilities; to plan for parks and open space to serve residents; to complete the
City's circulation; and to create land use patterns sufficient to pay for all required services and
infrastructure. The alternative also fails to meet objectives favoring an accommodation of future
projected population in an area reasonable close to future job-growth areas within the City, as
well as the construction of affordable housing consistent with the City's goals.
The No Project Alternative would result in the loss of over 9,000 jobs which would be
generated from this project as identified in the PFFP fiscal study. This loss of employment
would remove a significant portion of the employment land inventory identified in Otay Ranch
in the General Plan and would be inconsistent with the goals expressed in the GDP to create a
regional serving focal point for the Otay Ranch.
Therefore, pursuant to section 15091(a)(3) of the CEQA Guidelines, specific economic, legal,
social, technological, or other considerations make the No Project! No Development alternative
infeasible (see City of Del Mar, supra, 133 Cal.App3d at 417; Sequoyah Hills, supra, 23
Cal.App.41h at 715).
REDUCED DENSITY ALTERNATIVE
The Reduced Density Alternative (Alternative 2) would reduce overall development by 25
percent, resulting in a total 2,237 residential units and 2.62 million square feet of non-residential
floor area. This alternative assumes that the library and fire station would be respectively
reduced commensurate with reduced demand. The Greenway Trail would be developed as
under the proposed EVC SPA Plan. In addition, an approximately 6-acre school site would be
provided as under the proposed project. However, parkland and in lieu fees would be
proportionately reduced by 25 percent for a total of 11.72 acres of parkland and in lieu fees
equivalent to 5.8 acres, for a total equivalent to 17.5 acres. With reduced density, Alternative 2
also assumes that the EVC would have an overall, lower building profile and less urban
character than anticipated under the Otay Ranch GDP.
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Impact
The Reduced Density Alternative would not be consistent with the land use mix of
approximately 3.5 million square feet of non-commercial floor area and 2,983 multi-family
units and resulting urban character as set forth in the General Plan and the Otay Ranch GDP.
As such, in contrast to the proposed project, this alternative would be inconsistent with these
planning documents and would require a General Plan Amendment and GDP Amendment.
Therefore, the Reduced Density Alternative would result in a significant impact with respect to
adopted land use plans. As this alternative would result in a lower density development than
proposed under the GDP, it also may not provide the level of regional services anticipated by
the applicable land use plans.
With respect to visual character, the Reduced Density Alternative would result in a lower
profile development that would not fulfill to the same degree the objectives of the Otay Ranch
GDP, which envision a high intensity environment and high activity associated with an urban
character street front of mixed uses.
The reduction in non-residential development would reduce job creation by 25% resulting in a
loss of approximately 2,400 employment opportunities, and commensurately reducing revenues
coming into the City to support City-wide services.
The Reduced Density Alternative would result in the same change in the aesthetic character of
the area from open space to urban development as under the proposed project. Therefore, this
alternative would not avoid the project's significant and unmitigated impact with respect to the
loss of open space and change in character from open space to development.
The Reduced Density Alternative would incrementally reduce traffic by approximately 25
percent. However, cumulative impacts on the (I) northbound Interstate 805 from Telegraph
Canyon Road to Olympic Parkway, (2) southbound Interstate 805 from Telegraph Canyon Road
to Olympic Parkway, and (3) southbound Interstate 805 from Olympic Parkway to Main Street
would remain significant.
The Reduced Density Alternative would provide a link for the regional transit service as
contemplated in regional plans, but the reduced level of development would result in a potential
reduction in the ridership which would be generated by the EVC for both regional and local
transit services and thus would not support regional and local transit planning efforts to the
same extent as the proposed project.
The Reduccd Density Alternative would require the same mass grading as the project and result
in similar significant and unmitigated construction emissions as the proposed project. The
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Reduced Density Alternative would reduce operational emlSSlOns associated with traffic by
approximately 25 per cent. However, this reduction would not reduce emission levels to below
threshold standards and would remain significant and unmitigated.
The Reduced Density Alternative would result in the same construction noise levels as the
proposed project. Noise impacts associated with outdoor recreational activities would be the
same as under the proposed project; however, vehicle traffic noise would be reduced by 25
percent. As with the proposed project, impacts on construction and operation noise levels
would be less than significant.
The Reduced Density Alternative would have the same impacts as the proposed project with
respect to cultural resources, biological resources, hydrology and water quality, and hazardous
materials. As with the proposed project, impacts on these resources would be less than
significant. The Reduced Density Alternative would also impact the same amount of Farmland
of Local Importance as under the proposed project, and would not avoid the project's significant
impact with respect to agricultural resources.
The Reduced Density Alternative would result in approximately 25 percent less demand on fire,
police, schools, libraries, parks, water, wastewater, and solid waste services than the proposed
project. As with the proposed project, impacts on these services would be less than significant,
although cumulative water demand would continue to be significant and unavoidable.
The Reduced Development Alternative A would reduce the amount of housing that was,
otherwise anticipated within the EUC, by approximately 25 percent relative to the proposed
project. The reduction in available housing within the project area would reduce the ability of
the City to meet the SANDAG-projected demand and is considered a potentially significant
impact with respect to housing.
Findings:
The Reduced Density Alternative would reduce impacts on fire, police, schools, libraries, parks,
water, and solid waste services. However, this alternative would not reduce any of the project's
significant, unmitigated impacts associated with landform alteration, cumulative freeway traffic,
air emissions, wastewater, and loss of Farmland of Local Importance to a less than significant
level. In addition, as this alternative would not fully implement the vision for the EUC as
expressed in the Otay Ranch GDP or General Plan, it would generate additional significant
impacts with respect to compliance with adopted land use plans. It would also not meet the
GDP and General Plan housing goals, or address SANDAG's projected housing demand and, as
such, result in a potentially significant impact with respect to housing and population. It would
also result in the creation of less employment opportunities and lower fiscal revenues and would
generate fewer riders to support regional and local transit services. Therefore, pursuant to
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section 15091(a)(3) of the CEQA Guidelines, specific economic, legal, social, technological, or
other considerations make this alternative infeasible.
ADJUSTED LAND USE MIX AL TERNA TIVE
The Adjusted Land Use Mix Alternative (Alternative 3) would change the project's mix ofland
uses, including a 62.5 percent increase in residential units and a 53.5 percent decrease in total
non-residential floor area. This alternative would provide 1,620,000 square feet of non-
residential uses, including 100,000 square feet of school uses, and 4,850 residential units.
Another change from the EUC SPA Plan would be a 40 percent reduction in hotel rooms. The
Adjusted Land Use Mix Alternative would also provide 20.37 acres of parkland and seven
parks, compared to the proposed project, which would provide 15.63 acres of parkland and six
parks. High Rise Commercial/Office floor area and civic/public facilities would be the same as
under the proposed project, and the reduction in non-residential floor area would be primarily
made with respect to regional and local retail uses. The detail of this project is provided in EIR
Section 8.0, Figure 8-1 on page 8-23. This alternative is also compared to the proposed project
in Section 8.0, Table 8-1 on page 8-22.
Impact
The Adjusted Land Use Mix Alternative would not be consistent with the mix of residential and
non-residential uses set forth under the City's General Plan and Otay Ranch GDP that envision
a high-density, mixed-use center and would require GP and GDP Amendments. In addition, as
this alternative would exceed the number of residential unit set forth in the GDP by 62.5
percent, it would have a significant land use impact with respect to the Otay Ranch GDP and the
General Plan. In addition, this alternative would reduce non-residential uses by 56 percent and
hotel uses by 40 percent, which would not result in the integration of commercial and residential
uses to support a 24-hour environment to the same extent as the proposed project. Nor would
this alternative meet GDP policies (0 provide for neighborhood, regional, and specialty
shopping; or provide employment opportunities to the same extent as the proposed project.
The Adjusted Land Use Mix Alternative would result in the same change in the aesthetic
character of the area from open space to urban development as under the proposed project.
Therefore, this alternative would not avoid the project's significant and unmitigated impact with
respect to the loss of open space.
The Adjusted Land Use Mix Alternative would generate 52,097 fewer daily trips (without trip
or transit credits) than the proposed project (124,148 trips - 72,051 trips = 52,097 trips). This
represents an approximately 42 percent reduction. With trip and transit credits, the Adjusted
Land Use Mix Alternative would generate 25,426 fewer daily trips than the proposed project
(80,369 trips - 54,943 trips = 25,246 trips). This represents an approximately 31.6 percent
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reduction However, cumulative impacts on the (1) northbound Interstate 805 from Telegraph
Canyon Road to Olympic Parkway, (2) southbound Interstate 805 from Telegraph Canyon Road
to Olympic Parkway, and (3) southbound Interstate 805 from Olympic Parkway to Main Street
would remain significant.
The Adjusted Land Use Mix Alternative would require the same mass grading as the project
and result in similar significant and unmitigated construction emissions as the proposed project.
However, the Adjusted Land Use Mix Alternative would reduce emissions associated with
traffic by approximately 42 per cent. However, this reduction would not reduce emission levels
to below threshold standards and would remain significant and unmitigated.
The Adjusted Land Use Mix Alternative would result in the same construction noise levels as
the proposed project. Noise impacts associated with outdoor recreational activities and schools
would be the same as under the proposed project; however, vehicle traffic noise would be
reduced by approximately 42 percent (without trip or transit credit) or 31.6 percent (with trip
and transit credit). As with the proposed project, impacts on construction and operation noise
levels would be less than significant. However, it is expected that combined with related
projects, cumulative noise impacts would be significant and unavoidable, as under the proposed
project.
The Adjusted Land Use Mix Alternative would have the same impacts as the project with
respect to cultural resources, biological resources, hydrology and water quality, and hazardous
materials. As with the proposed project, impacts on these resources would be less than
significant. The Adjusted Land Use Mix Alternative would also impact the same amount of
Farmland of Local Importance as under the proposed project, and would not avoid the project's
significant impact with respect to agricultural resources.
The Adjusted Land Use Mix Alternative would result in an approximately 62.5 percent increase
in population compared to the proposed project and would, respectively, increase impacts on
fire, police, schools, libraries, parks, water, wastewater, and solid waste services compared to
the proposed project. This alternative would provide 20.37 acres of parkland, with a shortfall of
17.53 acres. The shortfall between the provided parkland acreage and required parkland
acreage would be reduced to less than significant through in lieu fees equivalent to 17.53 acres.
Although both the proposed project and Alternative 3 would reduce impacts to a less than
significant level, Alternative 3 would have an incrementally greater impact on park services due
to the relative increase in population. Similarly, this alternative would generate 692 more
students including 398 more elementary, 117 middle and 177 high school students. The number
of elementary school children would exceed the capacity of the planned six-acre elementary
school resulting in a significant impact on schools as compared to the proposed project.
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The Adjusted Land Use Mix Alternative would increase the amount of housing that is
anticipated within the EUC, by approximately 62.5 percent relative to the proposed project.
The increase in housing would greatly exceed the GDP and General Plan's housing projection
and would, therefore, have a significant impact with respect to housing and population.
Findings:
The Adjusted Land Use Mix would reduce impacts with respect to ADT and peak hour traffic
by approximately 42 percent. However, this alternative would not reduce any of the project's
significant, unmitigated impacts associated with aesthetic character, cumulative freeway traffic,
air emissions, and loss of Farmland of Local Importance to a less than significant level. In
addition, as this alternative would not implement the Otay Ranch GDP or General Plan, as
envisioned, it would generate additional significant impacts with respect to compliance with
adopted land use plans. This alternative would exceed the GDP and General Plan projected
population for the EUC by approximately 62.5 percent, thus creating a potentially significant
impact with respect to the City's and SANDAG's growth projections. This growth would
exceed the Otay Ranch GDP's multi-family housing designation and anticipated population
growth by 62.5 percent. Projected population would also exceed the Chula Vista General Plan
growth projections, which include the GDP's projections. In addition, the Adjusted Land Use
Mix Alternative would have an incrementally greater impact than the project with respect to
public services, since it would increase overall demand. For instance, the increase in the
number of elementary school children would exceed the capacity of the EUC's planned six-acre
elementary school site. It would also result in reduced fiscal revenues to the City and would
reduce the number of employment opportunities in the EUC commensurate with the reduction
in non-residential development. Therefore, pursuant to section 15091(a)(3) of the CEQA
Guidelines, specific economic, legal, social, technological, or other considerations make this
alternative infeasible.
ENVIRONMENTALL Y SUPERIOR AL TER.~A TIVE
CEQA requires that an EIR identify the environmentally superior alternative among all of the
alternatives considered, including the proposed project. If the No Project/No Development
alternative is selected as environmentally superior, then the ErR also shall identify an
environmentally superior alternative among the other alternatives.
The environmental analysis of project alternatives presented in the EIR indicates, through a
comparison of potential impacts from cach of the proposed alternatives and the proposed
project, that the No ProjectlNo Development alternative, if left in its current state, could be
considered environmentally superior because no new uses would be introduced to the area and
the project site would not result in environmental impacts. However, the No Project/No
Development alternative would not implement the City's General Plan, thc Otay Ranch GDP, or
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the RMP, which are primary project objectives. The No ProjectINo Development alternative
would not accomplish any of the objectives of the project.
While it would not avoid any of the significant and unmitigated impacts to landform alteration,
transportation, wastewater, air quality, agriculture, and cumulative impacts, associated with the
proposed project and would have increased land use and housing and population impacts, the
Reduced Density Alternative could be considered the environmentally superior project because
it would incrementally reduce impacts associated with traffic, air quality, noise, utilities and
services, and water quality while implementing some, but not all, of the project objectives. The
project objectives are enumerated in the Section 3.4 of the EIR.
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XI.
STATEMENT OF OVERRIDING CONSIDERATIONS
Public Resources Code S21081(b) prohibits approval of a project with significant, unmitigable
adverse impacts resulting from infeasible mitigation measures or alternatives unlcss the agency
finds that specific overriding economic, legal, social, technological, or other benefits of the
project outweigh the significant effects on the environment. The project could have significant,
unmitigable, adverse impacts, as described above. However, the City Council, having
considered all of the evidence before it, finds that the following specific overriding economic,
legal, social, technological, or other benefits of the project outweigh the aforesaid significant,
unmitigable effects on the environment. The City Council expressly finds that each (i.e., any
one of) the following benefits, with or without the others, would be sufficient to reach this
conclusion:
Communitv Planning and Development
1. The Otay Ranch General Development Plan always proposed that the EUC bc the heart
or center of activity for the Otay Ranch. The EUC will be a mixed-use, pedestrian-
oriented urban center that will serve as the residential, economic, and social focal point
for Chula Vista's Eastern Planning Area. Approval of the EUC SPA Plan will provide
the economic and civic center of the Otay ranch that has been planned since 1993.
2. The projcct will include a series of interconnected districts that will expand the City's
employment base, provide civic and cultural venues and facilities, introduce new
shopping, hospitality and entertainment venues, and establish a variety of urban housing
types, including both higher-end and affordable housing, all implemented within a
sustainable community framework. EUC will be a place where residents and visitors
alike can come together to live, work and play in a high-quality urban environment.
3. The projcct will create an urban employment center that will establish a strong, well-
located employment sub-market and add new local jobs. Studies by both the City and the
applicant estimate that the completed project will generate nearly ten thousand jobs,
approximately two-thirds of which will be higher-quality office employment
opportunities.
Public Facilities Planning
1. The developer of the project has agreed to provide infrastructure benefiting the gencral
public over and above the need generated solely by this project, including a fire station,
library, off-site sewer improvements to Poggi Canyon and Salt Creek sewer facilities that
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will serve other developments, and, through additional impact fee payments, overall
infrastructure for the City's Eastern Planning Area.
Fiscal Benefit
I. The project will result in a long-term increase in tax revenues, over and above the cost of
providing services to occupants of the project. Once completed, the EUC is expected to
provide significant new long-term revenues from a diversified tax base and its new
population will support and enhance the viability of other existing and planned tax
generators.
2. Residential development is anticipated to include special financing districts that will
provide enhanced funding for maintenance that might otherwise be paid for by City's
general fund; for example, some portion of park maintenance is anticipated to be funded
through a community facilities district.
Comprehensive Regional Planning
1. The project provides an important link for the Bus Rapid Transit (BRT) system that will
connect the Otay Ranch to Downtown San Diego and the International Border. The city,
the developer, and the San Diego Association of Governments (SANDAG) have
coordinated to locate the BRT line to maximize usage within the EUC and future
university users.
2. The project will enhance the City's image and reputation as a leader in sustainable
community building. The Eastern Urban Center demonstrates a strong commitment to
sustainability including an emphasis on mixed use, an extensive street grid system which
promotes walkability and a centrally located bus rapid transit system corridor. The
project also features a high level of detailing in the public realm, along with civic
amenities, including a library, fire station, and a site reserved for an elementary school.
For these reasons the City Council finds there are economic, legal, social, technological, or other
benefits resulting from the project that serve to override and outweigh the project's unavoidable
significant environmental effects and, thus, the adverse unavoidable effects are considered
acceptable.
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RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MAKING CERTAIN FINDINGS OF FACT;
ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS; ADOPTING A MITIGATION
MONITORING AND REPORTING PROGRAM AND
CERTIFYING THE FINAL SECOND TIER ENVIRONMENTAL
IMPACT REPORT (ErR 07-01) FOR THE OTAY RANCH
EASTERt"\J URBAN CENTER SECTIONAL PLANNING AREA
(SPA) PLAN AND TENTATIVE MAP (TM) PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, McMillin Otay Ranch LLC submitted applications requesting approvals for
a Sectional Planning Area (SPA) Plan and Tentative Map (TM) for the Eastern Urban Center
(EUC) ("Project"); and
WHEREAS, a Draft Second Tier EIR 07-01 was issued for public review on July 22,
2009, and was processed through the State Clearinghouse; and
WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for
Draft EIR 07 -01 on July 8, 2009 to close the public review period; and
WHEREAS, in consideration of the comments received on the Draft EIR and
requirements of CEQA, a Final Second Tier EIR (Final EIR 07-01) was prepared for the Project
SPA and TM; and
WHEREAS, Final EIR 07-01 incorporates all comments and recommendations received
on the Draft ElR, a list of all persons, organizations, and public agencies commenting on the
draft EIR, and the City's responses to all "significant environmental points" raised by public and
agency comments submitted during the review and consultation process, in accordance with
CEQA Guidelines Section 15132; and
WHEREAS, additional corrections to the Final ErR 07-01 did not result in modifications
to conclusions regarding significance of impacts or the addition of significant new information
that would require recirculation of the EIR pursuant to CEQA Guidelines section 15088.5; and
WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for
the Draft EIR 07-01 on August 26, 2009 and recommended the City Council make certain
Findings of Fact; adopt a Statement of Overriding Considerations; adopt a Mitigation Monitoring
and Reporting Program and certify the Final Second Tier Environmental Impact Report (EIR 07-
01) for the Otay Ranch EUC SPA Plan and TM pursuant to CEQA; and
1
14-119
WHEREAS, FEIR 07-01 incorporates, by reference, the prior EIRs that address the
subject property including the Chula Vista General Plan EIR (EIR 05-01) and the Final Otay
Ranch GDP/SRP Program EIR (EIR 90-01); the Project SPA Plan including the Planned
Community District RegulationslDesign Plan, Project Public Facilities Finance Plan, Affordable
Housing Program, Sustainability Element and Parks Master Plan, as well as their associated
Findings of Fact and a MMRP; and
WHEREAS, to the extent that the Findings of Fact and the Statement of Overriding
Considerations for the Project, dated September 2009 (Exhibit "A" of this Resolution, a copy of
which is on file in the office of the City Clerk), conclude that proposed mitigation measures
outlined in Final EIR 07-01 are feasible and have not been modified, superseded or withdrawn,
the City of Chula Vista hereby binds itself and the Applicant and its successors in interest, to
implement those measures. These findings are not merely information or advisory, but constitute
a binding set of obligations that will come into effect when the City adopts the resolution
approving the project. The adopted mitigation measures contained within the MMRP Section of
EIR 07-01, are expressed as conditions of approval. Other requirements are referenced in the
MMRP that are adopted concurrently with these Findings of Fact and will be effectuated through
the process of implementing the Project.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of
Chula Vista does hereby find, determine, resolve and order as follows:
1. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearings on Draft EIR 07-01 held on July 8,2009 and August 26,2009, as well as
the minutes and resolutions resulting therefrom, shall be incorporated into the record of
proceedings pursuant to Public Resources Code Section 21167.6. These documents,
along with any documents submitted to the decision-makers, including documents
specified in Public Resources Code Section 21167.6, subdivision (e), shall comprise the
entire record of proceedings for any claims under the California Environmental Quality
Act, Public Resources Code S2l000 et seq. CCEQA"). The record of proceedings shall
be maintained by the City Clerk at City Hall.
II. FEIR 07-01 CONTENTS
That the FEIR 07-01 consists of the following:
1. Second-Tier EIR for the Project SPA Plan and TM (including Mitigation Monitoring
and Reporting Program and technical appendices); and
2. Comments and Responses
(All hereafter collectively referred to as "FEIR 07-01")
2
14-120
III. ACCOMPANYING DOCUMENT TO FEIR 07-01
1. Findings of Fact and Statement of Overriding Considerations
IV. PRESENTATION TO THE DECISIONMAKING BODY
That the City Council does hereby certify that FEIR 07-01 was presented to the City
Council as the decisionmaking body of the lead agency and that the City Council has
reviewed and considered the information contained in the final ErR prior to approving the
Project.
V. COMPLIANCE WITH THE CALIFORt"lIA ENVIRONMENTAL QUALITY ACT
That the City Council does hereby certify that FEIR 07-01, the Findings of Fact and the
Statement of Overriding Considerations (Exhibit '"A" to this Resolution, a copy which is
on file with the office of the City Clerk), and the Mitigation Monitoring and Reporting
Program are prepared in accordance with the requirements of CEQA (Pub. Resources
Code, 921000 et seq.), the CEQA Guidelines (California Code Regs. Title 14 915000 et
seq.), and the Environmental Review Procedures of the City ofChula Vista.
VI. INDEPENDENT JUDGMENT OF CITY COUNCIL
That the City Council does hereby certify that the FEIR 07-0 I reflects the independent
judgment and analysis of the City of Chula Vista as lead agency for the Project.
VII. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING
PROGRA]\t[ AND STATEMENT OF OVERRIDING CONSIDERATIONS
A. Adoption of Findings of Fact
The City Council does hereby approve, accept as its own, incorporate as if set
forth in full herein, and make each and everyone of the findings contained in
Exhibit "A" to this Resolution, a copy of which is on file in the office of the City
Clerk.
B. Mitigation Measures Feasible and Adopted
On the basis of the findings set forth in Exhibit "A" to this Resolution and as
more fully identified and set forth in FEIR 07-0 I, the City Council hereby finds
pursuant to CEQA Section 21081 and CEQA Guidelines Section 15091 that
changes or alterations have been required in, or incorporated into the Project
which avoid or substantially lessen the significant environmental effects identified
in FEIR 07-01, and that such changes and alterations have eliminated or
substantially lessened all significant effects on the environment where feasible as
shown in the findings set forth in Exhibit "A" to this Resolution. Furthermore,
3
14-121
the measures to mitigate or avoid significant effect on the environment, consisting
of those mitigation measures set forth in Final EIR 07-01 and in Exhibit "A" to
this Resolution, are fully enforceable through permit conditions, agreements or
other measures, including but not limited to conditions of approval of the Project
Tentative Map, and will become binding upon the entity (such as the project
proponent or the City) assigned thereby to implement the same.
C. Statement of Overriding Considerations
Even after the adoption of all feasible mitIgation measures and any feasible
alternatives, certain significant or potentially significant environmental effects
caused by the project, or cumulatively, will remain. However, pursuant to CEQA
Guidelines Section 15092, the City hereby finds and determines that any
remaining significant effects on the environment which have been found to be
unavoidable as shown in the findings set forth in Exhibit "A" to this Resolution
are acceptable due to certain overriding concerns. Therefore, the City Council of
the City of Chula Vista hereby approves, pursuant to CEQA Guidelines Section
15093, a Statement of Overriding Considerations in the form set forth in Exhibit
"A" to this Resolution identifying the specific economic, social and other
considerations that outweigh and render the unavoidable significant adverse
environmental effects acceptable.
D. Infeasibility of Alternatives
As more fully identified and set forth in FEIR 07-01 and in Section VLA of
Exhibit "A" to this Resolution, the City Council hereby finds pursuant to Public
Resources Code Section 21081 and CEQA Guidelines Section 15091 that
alternatives to the project, which were identified in FEIR 07-01, were not found to
reduce impacts to a less than significant level or meet the project objectives.
E. Adoption of Mitigation Monitoring and Reporting Program
As required by Public Resources Code Section 21081 and CEQA Guidelines
Section 15091, the City Council hereby adopts the program for reporting on or
monitoring the changes which it has either required in the Project or made a
condition of approval to avoid or substantially lessen significant environmental
effects, consisting of the Mitigation Monitoring and Reporting Program set forth
in ErR 07-01. The City Council further [mds that the Mitigation Monitoring and
Reporting Program is designed to ensure that, during project implementation, the
permittee/project applicant and any other responsible parties implement the
project components and comply with the mitigation measures identified in the
Findings of Fact and the Mitigation Monitoring and Reporting Program.
4
14-122
VIII. NOTICE OF DETERMINATION
That the Environmental Review Coordinator of the City of Chula Vista is directed after
City Council approval of this Project to ensure that a Notice of Determination is filed
with the County Clerk of the County of San Diego.
BE IT FURTHER RESOLVED THAT the City Council of the City ofChula Vista on the
basis of the Findings as set forth above certifies FEIR 07-01, and adopts the Findings of Fact and
Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program (all of
which are available and on file in the Office of the City Clerk), in accordance with CEQA
Guidelines Section 15091.
Submitted by
Approved as to form by
.... (/J .
*~)'l/I7,)
'" ,. /fLJL&J/
Gary Halbert, P.E., AICP .. '-..1j'\B~~iesD' 11 i,.,/
Deputy CIty Manager/Development ServIces Dlrector.i1' CIty Attorney
Exhibit A Findings of Fact and Statement of Overriding Considerations
5
14-123
CITY COUNCIL
AGENDA STATEMENT
~If?- CI1YOF
~_CHULA VISTA
SEPTEMBER 15, 2009, Item /5
ITEM TITLE:
PUBLIC HEARING: Consideration ofthe Eastern Urban Center
(EUe) Sectional Planning Area (SPA) Plan PCM 06-08(A)
including the Planned Community District Regulations/Design
Plan (Form Based Code), Public Facilities Finance Plan,
Affordable Housing Program, Sustainability Element, Parks Master
Plan, and other regulatory documents on 207 acres of land in the
Eastern Urban Center of the Otay Ranch.
PUBLIC HEARING: Consideration of a Tentative Subdivision
Map PCS 09-03, implementing the EUC SPA Plan PCM 06-08,
for the Eastern Urban Center of the Otay Ranch'
RESOLUTION: Resolution of the City Council of the City of
Chula Vista adopting Sectional Planning Area (SPA) Plan
including Planed Community District Regulations/Design Plan
(Form based Code), Public Facilities Finance Plan, Affordable
Housing Program and other regulatory documents on 207 acres of
land in the Eastern Urban Center of the Otay Ranch.
RESOLUTION: Resolution of the City Council of the City of
Chula Vista approving a Tentative Subdivision Map for the Eastern
Urban Center portion of the Otay Ranch.
ORDINANCE: Ordinance of the City Council of the City of
Chula Vista approving the Sectional Planning Area (SPA) Planned
Community District (Form Based Code) Regulations for Otay
Ranch Eastern Urban Center.
SUBMITTED BY:
DEPUTY CITY MANAGERlDEVELOPMENT SERVICES
~~~~AGER ?
4/5THS VOTE: YES D NO 0
REVIEWED BY:
15-1
SEPTEMBER 15,2009, Item 1'0
Page 2 of20
SUMMARY
The applicant, McMillin Otay Ranch, LLC. filed the Eastern Urban Center (EUC) Sectional
Plan Area (SPA) PCM 06-08(A) on April 14, 2006 and the Tentative Map (pCS 09-03) on
May 12, 2009. The EUC SPA defines the land use. character and mix, design criteria,
transportation system, and public infrastructure requirements for this 207-acre site. The EUC
SPA Plan includes the Planned Community District RegulationsfDesign Plan (Form Based
Code), Public Facilities Finance Plan, Affordable Housing Program, Sustainability Element,
and Parks Master Plan.
The Tentative Map (pCS 09-03) implements the SPA Plan by providing for the subdivision of
lots and the detailed design of a circulation system and other public improvements consistent
with the SPA Plan, including sufficient right-of-way for the extension of Bus Rapid Transit
(BRT) through the EVC.
ENVIRONMENTAL REVIEW
The City's Environmental Review Coordinator has reviewed the Project and determined
that the Project would result in a significant impact to the environment; therefore, a
Second-Tier Environmental Impact Report (EIR-07 -01) has been prepared. Prior to this
action, the City Council will consider certification of the Final Second Tier
Environmental Impact Report (ElR 07-01) for the Otay Ranch Eastern Urban Center SPA
Plan, Tentative Map and related items. While heard concurrently, the City Council's
consideration and decision on the ElR must precede any action on the other EUC
applications.
RECOMMENDATION: That the City Council adopt the resolutions and place the
ordinance on first reading,
BOARDS/COMMISSION RECOMMENDATION
The Planning Commission met on August 26, 2009 and voted 6-0-0-1 to recommend
approval of the SPA Plan, PC District Regulations, and Tentative Map for the Eastern
Urban Center. Strike OutlUnderline versions of the SPA Plan and Tentative Map
Conditions of Approval are attached and represent revisions to the conditions subsequent
to Planning Commission action.
DISCUSSION
In October of 1993, the City Council and San Diego County Board of Supervisors
adopted the City of Chula Vista Otay Ranch General Development Plan (GDP) and the
County Otay Subregional Plan (SRP). The GDP/SRP designated the EUC, as it does
today, as the heart or the urban center oftheOtay Ranch. The GDP, which implements
the Chula Vista General Plan, describes the EVC as, "an urban center, serving regional
commercial, financial, residential, professional, entertainment, and cultural needs. This
prime location is designated as the Eastern Urban Center to announce its role as the
heart of the eastern territories in South San Diego County. The center will be a viable
15-2
SEPTEMBER 15, 2009, Item 15
Page 3 of20
and intense mixture of uses that will act as a magnetic downtown, drawing residents,
visitors and businesses ".
On December 13, 2005 the City Council adopted the City of Chula Vista's Comprehensive
General Plan Update, which also included amendments to the Otay Ranch General
Development Plan (GDP). No substantive amendments were proposed to the EUC land use
and development character policies. Since 1993, the EVC has been proposed as the urban
center of the Otay Ranch and the General Plan and GDP continue to reinforce those policies.
The Chula Vista General Plan and the Otay Ranch General Development Plan (GDP) provide
the vision and the direction for the planning of the EVC SPA Plan. The vision of the General
Plan for this area is that the EVC would serve as the "urban core of eastern Chula Vista and
the most intensely developed of all areas in the Otay Ranch and east Chula Vista. It is a
vibrant hub, integrating high density residential housing, low-rise and high-rise office uses,
and community and regional-serving commercial and entertainment uses...served by Bus
Rapid Transit (BRT) system with a centrally located transit station. "
The General Plan also requires that the EVC SPA address the goals and policies of the
Eastern District Framework Strategy "prior to or in conjunction with preparation and
approval of any subsequent SPA documents that may be required within the.. . Study
area". On April 11,2007 the Planning Commission recommended approval of a report,
and on May 1, 2007 the City Council accepted the report on the EUC SPA Plan
compliance with the General Plan Eastern District Framework Strategy Objectives and
Policies. Those policies are
LUT 84.1 Accommodate the coordinated development of land use Focus Areas
within the State Route 125 corridor: (1) a region-serving urban center with the
highest residential densities and an office/commercial focus; (2) a sub-regional
retail/lifestyle center; and,
LUT 94.2 Encourage the highest residential densities of the Otav Ranch Subarea
to develop in the EUC; and,
LUT 84.2 Allow for flexibility and adjustments of the designated land use/Focus
Area boundaries, and recognize ownership boundaries to: promote the intermixing
of uses that support and complement those existing in adjoining Districts and
subareas; account for changing market conditions and economic development
objectives; and foster the development of a cohesive pattern of urban development
and built form; and,
LUT 94.8 Accommodate phased development, allowing the urban land use
intensity and character of the EUC to intensifY and evolve in stages in response to
economic and other factors.
The EVC SPA Plan implements the General Plan and GDP by providing a
comprehensive urban design plan incorporating a mixture of land uses connected by a
15-3
SEPTEMBER 15, 2009, Item~
Page 4 of20
grid system of public streets and pedestrian paths, urban parks and plazas, outdoor dining,
public buildings, and commercial activities designed to promote a safe pedestrian
environment. The EUC site utilization plan, including the density, non-residential square
footage, height, and number of residential units, is consistent with the General Plan and
GDP as adopted and no amendments are necessitated by this SPA Plan. Street widths
have been minimized where possible and pedestrian paths have been widened to promote
pedestrian circulation. Parks are urban scaled with a higher level of improvements to
create a sense of place and to promote the uniqueness ofthe EUC. The implementation
of all of these features is tied together by the regulatory documents that will be described
herein.
Location, Existing Site Characteristics, and Ownership
The Eastern Urban Center is located adjacent to and east of SR-125, adjacent to and west
of Eastlake Parkway, south of Birch Road and the Otay Ranch Town Center, and north of
the future extension of Hunte Parkway. The site is vacant, generally comprised of rolling
terrain and is devoid of natural vegetation due to historic farming activities.
The entire EUC as shown in the Otay Ranch General Development Plan (GDP) includes
approximately 230 acres and comprises three different ownerships (see Exhibit on next
page). This SPA Plan represents the McMillin Otay Ranch, LLC. Ownership (Ownership
"A") and comprises approximately 207 acres. Although the SPA adoption is for only a
portion of the EUC, some planning issues, particularly context, community structure and
infrastructure, must consider a larger planning area. Staff will describe the SPA Plan and
contextual issues as part of the following discussion of each SPA component.
15-4
SEPTEMBER 15, 2009, Item 15
Page 5 of 20
EUC Ownerships
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Exhibit 1
SPA Plan
As stated above, the Chula Vista General Plan and the Otay Ranch GDP provide the
vision and policy direction for the planning of the EVe. The GDP includes specific
design and character policies (part II, Chapter I, Section F,12) to be implemented at the
SPA level. Some of these relating specifically to the EVC design and land use plan are:
. Locate civic and regional purpose facilities in accordance with the siting criterian
in the Facility Implementation Plan. The amount and size will be determined at
the SPA level.
o Locate less intense land uses around the edges of the EVC and utilize landscaped
buffers of varying widths to create a transition to surrounding villages,
o Integrate commercial and residential uses to support a 24-hour environment
. Provide for neighborhood, regional and specialty shopping,
. Provide for an array of services such as financial, medical, and research-oriented
facilities in office areas,
15-5
SEPTEMBER 15,2009, Item 15
Page 6 of20
. Orient buildings to create a continuous facade to primary pedestrian spaces and
primary pedestrian ways.
. Emphasize an urban street scene by locating buildings at the sidewalk edge,
except where creating pedestrian-oriented spaces such as patios, plazas, malls and
squares.
. Buildings fronting on primary pedestrian spaces should contain uses that support
pedestrian activities such as dining, retail sites and entertainment, and cultural
experiences.
. The scale of prominent buildings should be generally mid-rise, up to 15 stories.
. Buildings should display qualities that are characteristic oflandmark architecture.
. Utilize streetscape amenities, such as enhanced street paving, bollards and street
furnishings, to establish identity.
. Provide a network of pedestrian spaces, plazas, malls, promenades, and squares to
create a pedestrian oriented environment. The amount of credit towards satsifying
park area requirements for these amenities shall be determined in the EUC Parks
Master Plan.
o Transit line rights-of-way and bus rapid transit stops/stations shall be
approximately located at the SPA level and will be conditioned for dedication at
the Tentative Map level within the EUC
Implementation of these and other policies of the GDP requires an integrated planning
approach that takes into consideration all of the land use planning components designed
to create a mixed use, pedestrian oriented community, that will provide the vital
economic base envisioned when the GDP was first adopted. The following discussion
will outline how the SPA Plan and the Form Based Code implement the GDP objectives.
Land Use
The structure of the Eastern Urban Center is quite complex. Land uses are built around a
grid system of streets and mixed-uses will be developed throughout the project area;
however, various areas will have different dominant land uses that will help define their
"character." Those districts are (See Exhibit 2):
Residential Districts (Districts 2. 3. 8. 9. 10): The EUC accommodates up to 2,983
dwelling units in a variety of urban residential products. While the greatest residential
densities will surround the Main Street, the EUC also incorporates a series of residential
neighborhoods organized around neighborhood parks. Residents within these
neighborhoods will have access to a full array of services, such as a supermarket,
drugstore, neighborhood shops and restaurants, and active recreation areas within
walking distance. The location of the residential districts in relationship to the Main
Street, and the ability to locate non-residential land uses within these districts, will allow
neighborhood serving goods and services to be provided in close proximity to all
residential units in the EUC.
15-6
SEPTEMBER 15, 2009, Item /6
Page 7 of20
Business District (District 4): This district will provide a major office campus within the
South County region. The business district is perceived as a complement to other uses in
the district, bringing expanded employment opportunities to the community, energizing
the Main Street, introducing a significant daytime population, and providing riders for
area transit. To promote internal capture, a system of internal vehicular and pedestrian
connections (linking plazas and public spaces) will be required to link development
parcels, which may vary in size to accommodate different sized businesses. Shared
parking will be required to maximize parking-efficiency.
Main Street District (District 6) : This district will be the most active and urban
component of the project, a mixed-use, pedestrian environment that combines office and
residential uses over ground floor retail. Entertainment is an important component of
Main Street, including retail shops, restaurants, bars and cafes, generating activity day
and night. Public spaces accommodating community events, street fairs, and farmer
markets will further make this the "place to be.".
Mixed-Use Civic/Office Core (District 5): The GDP envisions the EUC as the civic core
of the Otay Ranch. This district functions as the symbolic and ceremonial focus of
community government and culture. Cultural activities such as a public library, museum,
multipurpose venue and/or a concert hall will attract broad community interest, augment
the public life of Chula Vista, and enliven the EUC. Larger parcels may be appropriate to
accommodate major uses.
Gateway Mixed-Use Districts (District 7): These districts will serve as the portals that
serve as a transition from surrounding areas into the core of the EUC, including landmark
buildings announcing that the EUC is a special place. The Eastern Gateway District will
provide a retail transition from the Otay Town Center commercial north of the EUC,
while the Eastern Gateway District will announce arrival with landmark architecture.
Development statistics for the EUC are shown on the Exhibit 2, on next page (Site
Utilization Plan).
15-7
SEPTEMBER 15,2009, Item 16
-
Page 80[20
Site Utilization Plan
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NoM&nll!<Tl~",~b<>_OiaI'ia '"
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10 SouU1<la$lemNuigllbCft>oodO~1>C1 23.6
Total. 206.6
,
~ Does II{)t include petimeid olfterJal highways
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Form BasW Coda.
Exhibit 2
15-8
SEPTEMBER 15, 2009, Item 15
Page 9 of20
Residential Density and Non-Residential Intensitv Ranges (See Table with Exhibit 2)
Within each district there is a range of permitted residential units and non-residential
square footage. The SPA Plan provides guidance for future development at the
subdivision and improvement plan level, and is the basic reference for determining
permitted land uses, densities, total units, and required public facilities. Even though the
SPA Plan contains specific guidance for development, it is not to be used to predetermine
the development solution for each and every district or neighborhood. It is intended to
reflect the city's intent for determining the intensity, design and desired character of use
for the property.
The plan is also intended to respond to changing market conditions. Specifically, density
transfers (residential units or non-residential floor area) between. districts or
neighborhoods will vary as design progresses. The Site Utilization Plan provides Low,
High, and Target densities within each district. While the target amount is the anticipated
density at the time of SPA adoption, any value between the low and high amounts is
consistent with the SPA Plan. Despite this flexibility, it will be the city's obligation to
ensure that consistency with the EUC SPA Plan and District Regulations. Depending on
the type of transfer there are specific findings that will need to be made (see pages IV-II
through IV-14 of the PC District Regulations for a detailed explanation of those findings
and the process.
Approval of a project at intensities that vary from the target intensities indicated on the
Site Utilization Plan may result in a reallocation of "unused intensity" to the target
amounts of other EUC SPA areas. However, any such reallocation must maintain the
target amounts within the "maximum, not to exceed, totals" indicated on the Site
Utilization Plan. Any such reallocation of intensity due to a Design Review approval
shall be completed concurrently as an administrative action. The ongoing administrative
monitoring of development intensities, subsequent to SPA Plan adoption, is an integral
component of the implementation process detailed in the FBC (See Page V-I of the PC
District Regulations).
Transportation
The EUC Transportation Plan provides equally for pedestrians, automobiles, transit, and
bicycles. The grid system of streets and sidewalks provide pedestrians with unparalled
access to park and recreation facilities, civic plazas, business, and employment areas.
Off-street trails for pedestrians and bicyclists will connect to the regional and community
trail system as well as the local EUC trails and public facilities, including parks and
plazas. A jogging path will be provided in the three business districts to provide
pedestrian linkage within these districts and to serve as a recreational amenity (Exhibit 3,
on next page).
Regional access is provided by I-80S via Olympic Parkway and SR-125 at the western
boundary of the EUC. At SR-125 there is an off- ramp at Birch Road on the north end of
the EUC and a future off-ramp at Hunte Parkway at the south end of the EUC. The Otay
15-9
J'-
SEPTEMBER 15, 2009, Item~
Page 10 of20
Ranch GDP provides for and the EVC SPA Plan implements the eventual expansion of
the regional transit system, extending the Bus Rapid Transit (BRT) system from the Otay
Ranch Town Center through the EVC. That route will continue south, eventually
providing transit access from/to the international border
The internal road circulation system provides multiple points of ingress and egress into
and out of the EVC. These streets are designed as narrow as possible to enhance the
pedestrian experience while being safe enough to provide for the safe passage of
automobiles, transit, and bicyclists. Most of the internal streets are two traveled lanes in
width while the widest street (Street "A") is adjacent to the Business District to provide
for the anticipated traffic generated by the future employment of that area. Street "A"
also provides for community connections to the Otay Ranch Town Center to the north
and the future Village 9 to the south.
Pedestrian Corridors
Widths & Connections
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15-10
- .. Re-;r.coal Trail wilNn pal'cel
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SEPTEMBER 15, 2009, Item~
Page 11 of 20
Parks, Recreation, Open Space and Trails
A fundamental concept of the EVC is to create a dynamic, urban environment unlike
other areas in eastern Chula Vista and the Otay Ranch. To do this the project proposes
increased residential density, the largest employment area in eastern Chula Vista and an
interconnected system of streets and pedestrian routes. To complement this plan, an
urban park system is proposed that proposes four urban parks, a town square park, a civic
park, a system of pedestrian facilities, including office plazas and an interconnecting
jogging path. The EVC will provide 12.88 acres of public/private parks, 2.75 acres of
jogging paths and office plazas, and in-lieu fees for on-site and off-site park
improvements. Please refer to the Parks Master Plan (Part of Attachment 5, SPA Plan
Binder). The Parks Agreement provides more detailed information on the parks program,
and is presented in a separate report accompanying this document package.
Public Facilities
The SPA Plan describes the public facility needs associated with the EVC land use plan.
More specifically, the SPA Plan addresses the following facility needs: potable water,
recycled water, sewer service, storm water drainage, roads, schools, child care facilities,
police and fire service, library services, community purpose facilities (CPF), civic
facilities, and regional facilities. Please refer to the SPA Plan, pages VII I to VII-25 for
more details.
. Schools: The EVC will generate approximately 624 elementary students at full
build-out. The SPA Plan provides a six-acre site for an elementary school in
District 9. The Chula Vista School District has concurred that this school will
have an urban design to complement the urban design concept of the EUC. The
Chula Vista Elementary School District will determine timing of the elementary
school. There is no need for a high school site since the Sweetwater Union High
School District has approved a site for a Middle/High School adjacent to the EVC
in Village 11.
o Fire Services: The Otay Ranch GDP and the Chula Vista Fire Master Plan
identify a need for a fire station within the EUe. The SPA Plan implements both
plans by designating a site for a fire station at the southwestern corner of Street
"A" and Street "F". The station will have a two-story urban to be located close to
the street, consistent with the EUC design concept. Timing of the fire station
construction is detailed in the PFFP.
o Library Services: The Otay Ranch GDP and the Chula Vista Library Master Plan
identify a library within the EVe. The SPA Plan identifies a library site within
the Civic Core District. Development of the library is to occur within a mixed-
use structure. The proposed location, adjacent to the civic plaza, will provide the
opportunity for interaction with other uses and the promotion oflibrary sponsored
cultural events.
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SEPTEMBER 15, 2009, Item /S
Page 12 of20
. Community Purpose Facilities (CPF): The City of Chula Vista CPF Ordinance
requires that planned communities identify 1.39 acres ofland per 1,000 residents
for community purpose facilities. This would generate the need for 10.7 acres of
CPF by the EUC development. This requirement is partially offset by previous
projects by McMillin Otay Ranch, LLC. In which they reserved excess land (9.34
acres) for CPF uses. For the EUC, the CPF requirement is 1.36 acres.
Planning Communitv District RegulationslDesign Plan (Form Based Code)
Unlike other SPA Plans, the EUC is proposing a Form Based Code (FBC) that combines
elements of the typical PC District Regulations with the typical SPA Design Plan. A
FBC is utilization in areas where it is important to develop a specific urban form. Within
other Otay Ranch communities a separate design focused document, a design plan, has
been adopted to guide community design decisions. In the EUC PC District Regulations,
the design standards and use regulations have been combined to create a Form Based
Code (FBC) that includes design regulations for specific locations as well as building and
development regulations. Throughout these regulations, the label "land use" has been
replaced by "building type" (e.g., 'land use' districts becomes 'building type' districts)
reflecting the expanded scope of these regulations. The design and character of the
building is more established by the type of building rather than the list of uses that are
permitted within it. A FBC approach to regulation is preferred when the city is
promoting mixed-use development that focuses on creating a strong public streetscape
and positive pedestrian experience.
With the FBC, the fundamental regulatory design component is the public realm, which
is the area experienced by residents and visitors as they move within the project area
along any circulation route or public space. The streetscape is the primary determinant of
the design character of the proj ect and variations in streetscapes will help define various
districts within the EUC. The design of the streets capes are not limited to the automobile,
but address design in a much broader sense referring to the design of the streets,
sidewalks, trails and other public amenities, landscape planting and character of the
adj acent building facades or structures.
In the FBC, the EUC is divided into five districts identical to those described above in the
SPA Plan. Within each district there is a character description, overall guidelines, and
standards that will guide design dealing with site planning requirements, architecture, and
landscape. Each District also contains a "Table of Requirements" that identifies the
dominant land use, number of dwelling units/non-residential square footage permitted,
building setback, minimum range and average height of buildings, and access
requirements and limitations. The term "Dominant land Use" is unique to the EUC and
unique to form based codes. All districts in the EUC permit multiple uses and most are
required to contain more than a single use. This flexibility is limited by the requirement
that each District have a dominant land use. For example, there are five residential
dominant districts; however, convenience commercial is permitted to create that urban
neighborhood character that promotes pedestrian activity rather than the need to use an
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SEPTEMBER 15, 2009, Item IS
Page 130f20
automobile for everyday needs. These detailed District standards begin on page II-I of
the Form Based Code (Attachment 5, 2nd tab, PC District RegulationsfDesign Plan).
As stated above, the FBC addresses not only uses and building design, but more
importantly the public realm. In the EUC FBC the Global Regulations include public
street standards and standards for pedestrian corridors, sidewalks, and trails. The
integration of public and private design objectives is seamless and reinforces the
pedestrian as one ofthe most important planning elements ofthe EUC.
The implementation or post adoption administration of the FBC includes a number of
features that are important to note:
. Design Review: This is intended to provide sufficient detail in site planning,
architectural design, and landscape design to enable project-level design to be
reviewed with respect to compliance with the FBC and related SPA
documents. Design Review shall be as provided for in the Chula Vista
Municipal Code Chapter 19, except that the Zoning Administrator shall have
the authority for review and approval of any application that includes a non-
residential building less than 30,000 square feet, or residential uses not
exceeding 200 dwelling units. Despite that exception, the ZA shall have, at
his sole discretion, the right to refer such Design Review application to the
Design Review Board.
. Intensitv Transfers: This is an administrative process, conducted by the
Zoning Administrator to ensure that the EUC maintains the intended
maximum level of intensity. The SPA Plan provides a range of residential and
non-residential intensities. There may be instances when proposals are
submitted that result in inconsistencies with the total intensity established for
a particular district. To provide for these instances, the FBC establishes
regulations to permit and regulate these transfers of intensity. Every project,
other than those at the target intensity, shall require an intensity transfer to
ensure that the maximum intensity is achieved at full maturity. Any reduction
in intensity in any district must be met with a corresponding increase in
another district and vice-versa.
. Monitoring: Since the EUC FBC includes intensity transfers and design
flexibility, monitoring is necessary to ensure compliance with the FBC and
SPA documents, incluc1ing the provision of public facilities. The FBC
establishes a detailed monitoring program to address intensity transfers, the
provision of public facilities and community purpose facilities (CPF), and
design review.
Public Facility Finance Plan (PFFP)
The PFFP, prepared for the city by the consulting firm of Burkett and Wong, addresses
all of the public facility needs associated with the EUC. The PFFP has been prepared
under the requirements of the City of Chula Vista's Growth Management Program and
15-13
SEPTEMBER 15, 2009, Item~
Page 14 of20
Chapter 9, Growth Management of the Otay Ranch GDP. The preparation ofthe PFFP is
required in conjunction with the preparation of the SPA Plan to ensure that the
development is consistent with the goals and policies of the City's General Plan Growth
Management Program, and the Otay Ranch GDP.
The PFFP analyzes the demand for facilities based upon the project's land use and
transportation phasing plan. When specific thresholds are projected to be reached or
exceeded based upon the analysis of the development of the proj ect, the PFFP provides
recommended mitigation necessary for continued compliance with the City of Chula
Vista's Growth Management Program and Quality of Life Standards. The PFFP does not
propose a different development phasing from that proposed by the EVC SPA Plan, but
may indicate that the development should be limited or reduced until certain actions are
taken to guarantee public facilities will be available or provided to meet the Quality of
Life Standards. Subsequent changes to the SPA Plan may require an amendment to this
PFFP.
The PFFP provides an analysis of threshold requirements and a set of recommendations
for public facility needs associated with traffic, police, fire and emergency services,
schools, libraries, parks, water, sewer, drainage, air quality, civic center, corporation
yard, and other city administrative facilities.
The PFFP also includes a Fiscal Impact Analysis (FIA) of the EVC plan and phasing
program. Economics Research Associates (ERA) prepared the FIA for the city. The
EVC fiscal analysis has been prepared using the Fiscal Impact Framework created by
ERA to provide a consistent evaluation of all of the Chula Vista SPAs. The Framework
utilizes the City of Chula Vista budget to identify and allocate variable revenues and
costs that grow proportionally with incremental development and sets up a consistent
method to calculate revenue and cost impacts that may change according to the specific
development program. Such variables include property taxes, vehicle license fees, sales
tax receipts, and transient occupancy tax receipts.
Based on the FIA and the assumptions contained therein, annual fiscal impacts are
positive from Year I. In the first year there is a net fiscal revenue of $300,000 and this
grows to an annual net fiscal revenue of $5 million by Build Out, Year 22. Fiscal
revenues are initially supported primarily by transient occupancy tax due to the
assumption of a hotel in Year I. In the first year transient occupancy tax makes up almost
80 percent of revenues. Property taxes and VLF revenues begin to outweigh the transient
occupancy tax in Year 5, but transient occupancy tax remains a key revenue until Year
10.
At Build Out, property taxes are the greatest source of revenue generated by the EVC.
Property tax and property transfer taxes make up approximately 30 percent of revenues
followed by vehicle license fees (VLF) revenues (approximately 20 percent of revenues),
and sales tax receipts (approximately 20 percent of revenues). Transient occupancy taxes
make up 18 percent of revenues.
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SEPTEMBER 15, 2009, Item /5
Page 15 of20
It should be noted that revenues do not follow a completely straight linear growth path
because property transfer taxes are one-time revenue. Thus, revenue generated in the
EVC jumps the year after development comes online, but this new revenue is reduced
slightly in the second year due to a smaller share of property transfer taxes.
Please refer to the Development Agreement staff report for additional discussion of on-
going fiscal impacts.
Affordable Housin2 Pro2ram
The Chula Vista Housing Element contains objectives, policies, and action programs to
accomplish key affordable housing objectives. Key among these is the affordable
housing policy which requires that residential development with fifty (50) or more
dwelling units provide a minimum of 10% of the total dwelling units for low and
moderate income households, one-half of these units (5% of the total project) being
designated to low income and the other half (5%) to moderate income households.
Within the EVC, a total of376 affordable units, including 189 low-income units and 187
moderate-income units, will be provided. This total includes 78 units of affordable
housing that was transferred from the applicant's Village Seven project to the EVC via an
Affordable Housing Agreement adopted by the City Council on December 5, 2005.
Sustainabilitv Element
The Sustainability Element is made up of three reports, the Air Quality Improvement
Plan, Energy Conservation Plan, and Water Conservation Plan.
Air Oualitv Improvement Plan (AOIP)
The City has included a Growth Management Element (GME) in its General Plan.
One of the stated objectives of the GME is to actively plan to meet federal and
state air quality standards. This objective is incorporated into the GME's action
program. In addition, the City's Growth Management Ordinance requires that an
Air Quality Improvement Plan (AQIP) be prepared for all major development
projects (50 dwelling units or greater) as part of the SPA Plan process. The AQIP
for the proposed project must comply with the City's AQIP Guidelines.
On November 14, 2000, the City Council adopted the Carbon Dioxide (C02)
Reduction Plan, which included implementing measures regarding transportation
and energy efficient land use planning and building construction measures for new
development. In this Plan, it was recognized that the City's efforts to reduce
carbon dioxide emissions from new development are directly related to energy
conservation and air quality efforts. As a result, the City initiated a pilot study
effort to develop a program to be implemented in new SPA Plans through updating
the guidelines for preparation of required Air Quality Improvement Plans (AQIPs).
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SEPTEMBER 15, 2009, Item~
Page 16 of20
The following measures were identified in the INDEX Pilot Study report and the
C02 Reduction Plan. These action measures address the energy efficiency and
emission reduction aspects of any proposed development. The indicators for the
C02 INDEX model are based on these action measures and are used to evaluate
the ability of a proposed project to meet the Chula Vista standards for air quality
improvement through the project modeling process.
LAND USE
. Compact development - Minimize sprawl.
. Density - Increase intensity ofland use.
. Land .use Diversity - Mix and variety of uses.
. Orientation toward pedestrian and bicycles.
. Orientation toward transit.
BUILDINGS & LANDSCAPING
. Energy efficient building construction - Reduce energy use by exceeding Title 24
building standards.
. Solar Use - Solar thermal applications and power generation.
. Vegetation - Uptakes air pollutants and greenhouse gases and provides shading to
reduce temperatures.
TRANSPORTATION
. Important components of Transportation Action Measures include dense street
networks, completeness of sidewalks and direct routes to activity nodes.
e Pedestrian Facilities - Circulation design and improvements for pedestrian use.
e Bicycle Facilities - System design and improvements to encourage bicycle use.
e Transit Facilities - Transit system design and improvements to circulation system.
INFRASTRUCTURE
. Water Use - Land planning that reduces water consumption.
Because the EUC land use mix and project design features, which meet the AQIP
requirements, are intrinsic to the project, the EUC performed well when judged by
this criteria. A full detailed analysis is contained in the SPA Plan. The City of Chula
Vista will continually review development plans at each stage of design and
construction approval. These reviews will assure that the proj ect is developed in a
manner consistent with the SPA Plan and which meets the AQIP requirements.
Energv Conservation Plan (ECP)
Recognizing the importance of energy conservation, the Otay Ranch General
Development Plan includes goals, objectives and policies that provide for the long-
range increase in energy
15-16
SEPTEMBER 15, 2009, Item IS
Page 17 of20
conservation and reduction of energy consumption. The General Development Plan
requires the preparation of a Non-Renewable Energy Conservation Plan to identify
feasible methods to reduce the consumption of nonrenewable energy resources,
including transportation, building design and use, lighting, recycling, alternative
energy sources and land use.
Opportunities for energy conservation in new development fall into three general
categories: 1) the arrangement and intensity of land uses; 2) mass transit and
alternative transportation modes; and, 3) building siting, design and construction.
Arguably, one of the greatest opportunities for significant conservation of energy
produced by fossil fuels is transportation related. The EUC SPA maximizes these
opportunities for conservation by implementing a land use plan which concentrates
intensity around new transit facilities, provides for regional and local transit service
into the project area and encourages alternative transportation modes such as walking,
bicycles, and electric carts.
Energy conservation features or components of the EUC include a comprehensive
approach to land use and community design, regional and local transit integration
with vertical mixed-use development, pedestrian oriented development patterns, and
building siting and construction techniques that promote energy conservation. A full
description of each technique is included in the SPA Plan.
Water Conservation Plan (WCP)
Numerous features have been incorporated in the project to mllllmlze the use of
water. The approach to water conservation outlined in this plan is intended to be
comprehensive and implemented throughout the life of the development project.
Water conservation during construction and after occupancy is addressed, as well as
the installation of water conserving landscaping, appliances and fixtures.
The purpose of this Water Conservation Plan (WCP) is to respond to the Growth
Management Policies of the City of Chula Vista that require large development
projects to prepare a WCP. The water conservation measures presented in this plan
are intended to respond to the long-term need to conserve water in new development.
The City has adopted formal guidelines for the preparation and implementation of the
required WCPs. This WCP incorporates the requirements of the adopted guidelines
by following the mandated format for WCPs and incorporating the required water
conservation measures into the Eastern Urban Center project.
The following non-mandated water conservation measures will be implemented in the
project as described in the preceding sections of this plan: hot water pipe insulation,
pressure reducing valves, water efficient dishwashers, dual flush toilets, water
efficient landscaping, and evapotranspiration irrigation controllers. A complete list of
water conservation measures and an analysis of water savings is included in the SPA
Plan.
15-17
SEPTEMBER 15, 2009, Item /5
Page 18 of20
Tentative Subdivision Map (PCS 09-03)
The EUC Tentative Map proposes the subdivision. of 167.58 acres ofland into 29 private
development parcels, six (6) urban park parcels, and one (I) parcel for a fIre station.
There will be approximately 39 acres of land devoted to streets. The EUC Tentative Map
creates large parcels that may be resubdi vided as development proj ects are submitted.
The SPA Plan and the design process described in the Form Based Code will control the
dwelling unit count within each parcel. Since each parcel may allow a mixture of uses, it
is preferable to have one document, the SPA Plan, control the allocation of those land
uses to ensure that development proceeds in an orderly manner.
The overall grading concept is to provide for one continuous pad for the proposed
development with no signifIcant grade changes except at the perimeter of the
development area. Two preliminary grading designs have been prepared, either of which
could be implemented for the proposed development. Both options are considered in the
project EIR. Option I recognizes anticipated development to the south of the applicant's
property and balances grading quantities through the export of material to provide fIll on
adjacent properties which is also planned for development within the Otay Ranch GDP as
Village Nine or the City's university site. Option 2 recognizes that the adjacent property
owner(s) may not consent to off-site grading, or other considerations that make off-site
grading feasible, and thus balances grading quantities within the proposed project.
DECISION MAKER CONFLICT
No Property within 500 feet:
Staff has reviewed the property holdings of the City Council members and has found no
property holdings within 500 feet of the boundaries of the property that is subject to this
action.
CURRENT YEAR FISCAL IMPACT
The processing costs for the SPA Plan, Tentative Map and all supporting documents were
funded by a developer deposit account. This account funded city staff and consultants
representing the city who worked on the EUe.
Considering necessary preparatory work to ready the site for development, the
commencement of building construction is unlikely to occur within the current fIscal
year, although some work related to on site infrastructure and roadways may begin.
ONGOING FISCAL IMPACT
As note earlier in this report, a Fiscal Impact Analysis (FIA) was prepared for the EUC
SPA Plan. As presented in more detail in the FIA chapter of the SPA Plan (see
Attachment 4), and based on a set of development phasing assumptions, the EUC's fIscal
impacts are positive from year I. In that fIrst year there is net fIscal revenue of
15-18
SEPTEMBER 15, 2009, Item /5
-
Page 19 of20
approximately $300,000, and this grows to an annual fiscal revenue of approximately $5
million by project build-out in year 22. Fiscal revenues are initially supported by
transient occupancy tax (TOT) from the assumption of a hotel in year I. Property tax and
vehicle license fees (VLF) begin to outweigh TOT in Year 5, although TOT remains a
key revenue until year 10. At build-out, property taxes are the greatest source of
revenue.
Because the FIA outcomes are based on a set of land use phasing assumptions which
could change, and thereby affect whether the project is fiscally neutral or positive in any
year, Section 4.5 of the Development Agreement (see accompanying staffreport and DA
document) requires the Master Developer to cover any net fiscal deficit to the City. The
net fiscal deficit (or surplus) will be determined through an annual fiscal analysis to be
prepared by the City and funded by the Master Developer. Either party may call for an
independent third-party review of the annual fiscal analysis. Per the DA, the Master
Developer's total obligation shall not exceed $500,000, and the obligation for the studies
will end at such time as the studies identify a net fiscal surplus for two successive fiscal
years.
Please refer to the Development Agreement staff report for additional discussion of on-
going fiscal impacts
ATTACHMENTS
1. Locator Map
2. PC SPA Resolution PCM 06-08(A)
3. PC TM Resolution PCS 09-03
4. Disclosure Statement
5. Eastern Urban Center SPA Plan (Previously Distributed)
6. Eastern Urban Center Tentative Map (Previously Distributed)
Prepared by: Tony Lettieri. Project Nfanager, Development Services
J:\Pbnning\Otayranch\Eastem Urban Center SPA\2005 SPA-peM 99~07\Public Hearings-Workshops\City Council
Hearing Package 2009\City Council SPA Agenda Statement 9-15-09.doc
15-19
SEPTEMBER 15, 2009, Item~
Page 20 0[20
Attachment 1
Location/SPA Boundary
15-20
IlTT Ao-( M Evr-I.
RESOLUTION NO. PCM-06-08(A)
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CHVLA VISTA RECOMMENDING THAT THE CITY COUNCIL
APPROVE A SECTIONAL PLANNING AREA (SPA) PLAN
INCLUDING PLANNED COMMUNITY DISTRICT REGULATIONS
AND DESIGN PLAt'! (FORM BASED CODE), PUBLIC FACILITIES
FINANCE PLAN, AFFORDABLE HOUSING PROGRAtVI AND OTHER
REGULATORY DOCUMENTS ON 207 ACRES OF LAND IN THE
EASTERN URBAt'! CENTER PORTION OF THE OT A Y RANCH
WHEREAS, the property which is the subject matter of this resolution is identified as
Exhibit "A" attached to the Draft City Council Resolution, and is commonly known as the Otay
Ranch Eastern Urban Center ("Property"); and,
WHEREAS, on March 24,2004 by Resolution No. 2004-165, the City Council amended
Part II, Section E.l of the Otay Ranch General Development Plan to allow for the submittal of
Sectional Planning Area Plans on properties comprising less than the whole of a village; and,
WHEREAS, an application to consider a new Sectional Planning Area (SPA) Plan for a
portion of the Eastern Urban Center was filed with the City of Chula Vista Development Services
Department on April 14, 2006 by McMillin Otay Ranch, LLC. ("Applicant"); and,
WHEREAS, the application requests consideration of the Eastern Urban Center SPA Plan
including: Planned Community District Regulations and Village Design Plan (Form Based Code);
Public Facilities Finance Plan; Affordable Housing Program; Sustainability Element, Parks Master
P1anon 207 acres ofland in the Eastern Urban Center; and,
WHEREAS, The City's Environmental Review Coordinator has reviewed the Project and
determined that the Project would result in a significant impact to the environment, therefore, a
Second-Tier Environmental Impact Report (ETR 07-01) has been prepared; and,
WHEREAS, the Planning Commission set the time and place for a hearing on said Otay
Ranch Eastern Urban Center Sectional Planning Area (SPA) Plan (PCM-06-08A) and notice of said
hearing, together with its purpose, was given by its publication in a newspaper of general circulation
in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project
site at least ten days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.,
August 26, 2009, in the City Council Chamber, 276 Fourth Avenue, before the Planning
Commission, and said hearing was thereafter closed;
NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the
Planning Commission, the Commission has determined that the approval of a Sectional Planning
Area (SP A) Plan for Otay Ranch Eastern Urban Center (PCM-06-08A) is consistent with the City of
15-21
Resolution PCM-06-08A
Page 2
Chula Vista General Plan, the Otay Ranch General Development Plan, and all other applicable Plans,
and that the public necessity, convenience, general welfare and good planning practice support the
approval.
BE IT FURTHER RESOL VED THAT THE PLANNING COMMISSION recommends
that the City Council adopt a resolution approving Otay Ranch Eastern Urban Center SPA Plan
(PCM 06-08A) including: Planned Community District Regulations and Design Plan (Form Based
Code); Public Facilities Finance Plan; Affordable Housing Program; Sustainability Element, and Parks
Master Plan; and approve an ordinance adopting the Planned Community District Regulations (Form
Based Code), all on 207 acres of land in Eastern Urban Center in accordance with the findings
contained in the attached Draft City Council Resolution and Ordinance, and that a copy of this
resolution be transmitted to the owners of the property and the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA
VISTA, CALIFORNIA, this 26th day of August 2009 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Spethman, Moctezuma, Vinson, Tri pp, Fe 1 ber, Thompsoml
Clayton
\
ATTEST:
Diana Vargas, Secretary the
Planning Commission
.E., AICP
Manager/Development Services Director
J:"::':e::r':ring\.C,.'!ay.2; ,)'!\E:.:..s-:('~Tl urbon (>rH'r SP.'\.\2CUS SF~\-?Ci\:j ~r9,07"Pl,jJ:ic;
,,;'d ({' 0;Y;!1r;,;_';;';~'.,; II 2eJr?E:JC SPA i~C f'?u;c:'1,[r,Y' P,-20.()~'" do-:;
C'::;D"n?ss-.:').-
15-22
.A flAcH ME /01 -3
RESOLUTION NO. PCS-09-03
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA RECOMMENDING THAT THE
CITY COUNCIL APPROVE A TENTATIVE SUBDIVISION
MAP FOR THE EASTER1~ URBAN CENTER PORTION OF
OT A Y RANCH, CHULA VISTA TRACT 09-03.
WHEREAS, the property which is the subject matter of this resolution is identified on
Exhibit "A" to the attached Draft City Council Resolution and described on Chula Vista Tract 09-
03, and is commonly known as the Eastern Urban Center Portion of the Otay Ranch ("Property");
and,
WHEREAS, McMillin Otay Ranch, LLC. ("Applicant") filed a duly verified application for
the subdivision of the Property in the form ofthe tentative subdivision map known as "Otay Ranch
Eastern Urban Center, Chula Vista Tract 09-03", ("Project"), with the Development Services
Department of the City ofChula Vista on May 12,2009; and,
WHEREAS, the application requests the approval for the subdivision of approximately 207
acres ofland known as the "Otay Ranch Eastern Urban Center" south of Birch Road and the Otay
Ranch Town Center, north of the future extension of Hunte Parkway, adjacent to and east of State
Route 125, and west of Eastlake Parkway. (APN: 643-060-18-00); and,
WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and has
determined that the Project would result in a significant impact to the environment; therefore, a
Second-Tier Environmental Impact Report (EIR 07-01) has be prepared; and,
WHEREAS, the Planning Commission set the time and place for a hearing on said
"Tentative Map, Otay Ranch Eastern Urban Center, Chula Vista Tract 09-03", (PCS-09-03) and
notice of aid hearing, together with its purpose, was given by its publication in a newspaper of
general circulation in the city and its mailing to property owners within 500 feet of the exterior
boundaries of the Project site at least ten days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.
August 26, 2009, in the Council Chambers located in the Administration Building, 276 FOUrtll
Avenue, before the Planning Commission and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the
Planning Commission, the Commission has determined that the Otay Ranch Eastern Urban Center
Tentative Subdivision Map (C.V.T. 09-03) is consistent with the City ofChula Vista General Plan,
the Otay Ranch General Development Plan, and all other applicable Plans, and that the public
necessity, convenience, general welfare and good planning practice support the approval.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends
that the City Council adopt a resolution approving Otay Ranch Eastern Urban Center Tentative Map
15-23
Resolution PCS-09-03
Page 2
involving 207 acres of land known as "Otay Ranch Eastern Urban Center" located within the Otay
Valley Parcel, east of SR 125, west of East lake Parkway, south of Birch Road, and north of the future
extension of Hunte Parkway in accordance with the findings contained in the attached Draft City
Council Resolution; and,
That a copy of this resolution be transmitted to the owners of the property and the City
Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA
VIST A, CALIFORi"lIA, this 26th day of August 2009 by the following vote, to-wit:
AYES:
Spethman, Moctezuma, Vinson, Tripp, Felber, Thompson
NOES:
ABSENT:
Clayton
ABSTENTIONS:
ATTEST:
~~
Diana Vargas, Secreta to the
Planning Commission
con W. Vinson, Chair
Planning Commission
Presented b
A
J :\Planning\Otayranch\Eastern Urban Center SP A\2005 SP A-peM 99-07\Public Hearings- Workshops\Planning Commission Hearing
Package 2009\Hearing Documents 8-26-09IEUC TM PC Resolution 8-26-09.doc
15-24
11 tI/tCHMEJiJi tf
Disclosure Statement
Pursuan! to Council Polley 101-01, prtor to any acllon upon malters lhat will raqulra dlscrallonary acllon by the Council,
Planning Commission and all olner official bodlea ollhe Clly, a statement of die closure of oerteln ownership or financlel
Interests, payments, or campelgn eonlrlbullono for a City of Chula Vlsla election must be med. The lollowlng lnformallon
must ba dlsclosad:
I. List lha nemes of all persons having a financlallnlarest In tha proparty Ihalla tha subJact cf the application or tha
contract, e.g., owner, applicant. contraotor, Bubcontractor. material supplier.
l:b1,'! 1111 Df-"1 'f/l,,-d, l L.e
2. If any pareon' Idantllled purauant to (1) above Is e oorporetlon or partnarshlp, lIet the name. of all Individuals with
a $2000 Invaatment In Iha buelnaae (corporetlon/partnarshlp) entity.
!~;;;~~~:f,.r;;~ rr;/tS
3. II any person' Idantmad pursuant to (1) abova Is a non-prollt organization or trust, list tha names of any person
sarvlng a. dlreclor of the non-prom orgenlzatlon or as trualee or baneficlary or trustor of the trust.
v In.
.
4.
Please Identify every person, Including any agents. employees., consultants, or Independent conlractors you have
..signed to rapresenl you befora the Clly In Ihls mailer.
J.rJf;!,;:~;~1 /Ii" unrq {,yttJ'; flIA.It! fJKc! r')1(1I1111~1
6.
Has any person' assoolated with lhls conlract had any flnanclal dsal1nge~lh an offlcla'" of Ihs Clly of ChuJa
VI.la es II relaleslo this eontracl wllhln the past 12 monlhs. Ye,_ No
If Yas, brlefiy describe Ihe nalure of the flnanclallnlar~at Iha official" may have In this contrac!.
6.
Heve you mads a conlrlbu~I~~1 more than $250 wllhln II1s pest lwelve (12) month. to a current mambsr of Ihe
Chula Vista Clly Council? Nr Y~s _Ir yes, which Council msmber?
15-25
?-I';.:1
7. Have you provided more than $340 (or an Item of equlvalenl value) to on official" of the Clly of Chula Vlala In the
paat twelve ('\.2I)llOnlha? (This Include a being a aourOe of Income, money to reUra a lagal debt, glfi, loen, etc.)
Yes _ No,.x...
If Ye., Which official" and what was the nalure of lIem prcvlded?
Date: '6 It) ! a .,
for tt (tcnilll~ CalJ
I re of tr c tA~ent
I ~ .1~JA.-c. 1'1 ~dy.J"r'Infi' ~p
Print ortypa nama cf Contractor/Applicant rUI ~ rc /
"fllonms G. Rock
Peraon la deUned ea: eny Individual, firm, co-partnerahlp, Joint venlure, sasoeletlon, aoclal ioluoizJtal.l1JOJlh,,..
organization, corporation, estate, lrust, recalver, ayndlcala, any other ccunly, clly, municipality, dlatrlct, or other
political subdivision, -or any other group or oomblnatlon acting aa a unll
..
Official Includes, but Is not IImlled to: Mayor, Council member, Chule Vlste Redevelopment Corporallon member,
Planning CommIssIoner. member of a board, commlaslon, or commIttee of the City, employee, or slaff members.
September 8, 2006
15-26
n ~~
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ADOPTING SECTIONAL
PLAc'JNING AREA (SPA) PLM-l INCLUDING
PLM-lNED COMMUNITY DISTRICT
REGULATIONSfDESIGN PLAN (FORM BASED
CODE), PUBLIC FACILITIES FINANCE PLAN,
AFFORDABLE HOUSING PROGRAM AND OTHER
REGULATORY DOCUMENTS ON 207 ACRES OF
LAND IN THE EASTERN URBAN CENTER PORTION
OF THE OT A Y RANCH
WHEREAS, the property which is the subject matter of this resolution is
identified as Exhibit "A" attached hereto and is commonly known as Otay Ranch Eastern
Urban Center ("Property"); and
WHEREAS, on March 24, 2004, by Resolution No. 2004-165, the City Council
amended Part II, Section E.l of the Otay Ranch General Development Plan to allow for
the submittal of Sectional Planning Area Plans on properties comprising less than the
whole of a village; and
WHEREAS, an application to consider a new Sectional Planning Area (SPA) Plan
for a portion of the Eastern Urban Center ("Project Site") was filed with the City of Chula
Vista Planning and Building Department on April 14, 2006, by McMillin Otay Ranch
LLC, "Applicant"); and
WHEREAS, the application requests consideration of the Eastern Urban Center
SPA Plan including: Planned Community District Regulations/Design Plan (Form Based
Code); Public Facilities Finance Plan; Affordable Housing Program; Sustainability
Element, Parks Master Plan and other regulatory documents on 207 acres of land in the
Eastern Urban Center; and
WHEREAS, the Planning Commission set the time and place for a hearing on
said Otay Ranch Eastern Urban Center Sectional Planning Area (SP A) Plan (pCM-06-08)
and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the city and its mailing to property owners within 500
feet of the exterior boundaries of the Project Site at least ten days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00
p.m. August 26, 2009, in the Council Chambers located in the Administrative Building, .
276 Fourth Avenue, and the Planning Commission voted 6-0-0-1 to adopt Planning
Commission Resolution PCM-06-08 recommending to the City Council adoption of the
Eastern Urban Center Sectional Planning Area Plan; and
15-27
WHEREAS, the City's Environmental Review Coordinator has reviewed the
proposed action to adopt the SPA Plan (pCM-06-08) and determined that adoption would
result in a significant impact to the environment, therefore, a Second Tier Environmental
Impact Report (EIR-07-01) has been prepared; and
WHEREAS, immediately prior to this action, the City Council reviewed and
certified the Second-Tier Environmental Impact Report (EIR 07 -0 I); and
WHEREAS, a duly noticed public hearing was scheduled and held before the City
Council of the City of Chula Vista to consider the adoption of this resolution adopting the
Eastern Urban Center SPA Plan, and the adoption of an ordinance to adopt the SPA's
Planned Community District RegulationslDesign Plan (Form Based Code) of the Eastern
Urban Center.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby find, determine, resolve and order as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at
their public hearing held on August 26, 2009, and the minutes and resolutions
resulting therefrom, and from all prior meetings of the Planning Commission on
this issue are hereby incorporated into the record of this proceeding. These
documents, along with the proceedings and any documents submitted to the City
Council as the decision makers, shall comprise the entire record of the
proceedings pursuant to California Environmental Quality Act (CEQA) Section
21167.6 for any CEQA claims.
II. COMPLIANCE WITH CEQA
The City Council hereby fmds that the adoption of the SPA Plan (PCM 06-08)
would not have any new effects that were not examined in the certified Program
EIR prepared for the Otay Ranch General Development Plan (ErR 90-01lSCH
#89010154) and the General Plan Update EIR (EIR 05-01; SCH #2004081066)
except as described and analyzed in the Second-Tier Final EIR 07-01. (CEQA
Guidelines Section 15168(c)(2).
III. ACTION
The City Council hereby finds and determines that the Otay Ranch Eastern Urban
Center SPA Plan including: Planned Community District Regulations/Design Plan
(Form Based Code); Public Facilities Finance Plan; Affordable Housing Program;
Sustainability Element, and Parks Master Plan, on 207 acres ofland in the Eastern
Urban Center is consistent with the City of Chula Vista General Plan, the Otay
Ranch General Development Plan, and all other applicable Plans, and that the
public necessity, convenience, general welfare and good planning and zoning
practice support their approval and implementation. Based upon this fmding and
the findings below, the City Council hereby adopts the Otay Ranch Eastern Urban
15-28
Center SPA Plan, subject to the conditions incorporated herein. By this action
and its related actions, the City Council also establishes the method of
implementation of the SPA Plan as required by Chula Vista Municipal Code
section 19.07.30.
IV. SPA PLAN FINDINGS
A. THE OTAY RANCH EASTERN URBAN CENTER SECTIONAL
PLAl\TNING AREA (SPA) PLAN IS IN CONFORMITY WITH THE OTAY
RANCH GENERAL DEVELOPMENT PLA.l\T AND CITY OF CHULA VISTA
GENERAL PLAi\T AND ITS SEVERAL ELEMENTS.
The Otay Ranch Eastern Urban Center Sectional Planning Area (SPA) Plan
reflects the urban land uses and urban land use pattern, pedestrian, transit and
automobile circulation system, open space and recreational uses, and public
facility uses consistent with the Otay Ranch General Development Plan and Chula
Vista General Plan. The proposed Eastern Urban Center (EUe) SPA plan would
contain both the number of residential units and the amount of non-residential
space contemplated in these plans and element. It will also contain the number or
amount of public facilities, such as recreational facilities and library space,
contemplated by those plans. Its unique design will fulfill the intent of the City's
General Plan and of the Otay Ranch General Development Plan for a high-
intensity, mixed-use, focal point for Otay Ranch. It will also feature both regional
and local transit services and promote alternative forms of transportation. It will
be conditioned to provide, by purchase, required biological mitigation. EUC is
also consistent with the goals and policies of these plans. It will provide an urban-
density community, maximize pedestrian walkability, and support transit.
B. THE PROPOSED OTAY RAi'lCH EASTERL'\T URBAi\T CENTER SPA
PLAN WILL PROMOTE THE ORDERLY SEQUENTIALIZED
DEVELOPMENT OF THE INVOLVED SECTIONAL PLM"NING AREA.
The Eastern Urban Center SPA Plan and Public Facilities Finance Plan contains
provisions and requirements to ensure the orderly, phased development of the
project prior to or current with the need for said public facilities. Specifically, the
EUC SPA Plan and Public Facilities Financing Plan (PFFP) provide for the
financing and construction of public facilities concurrently with or prior to need.
Part of the overall EUC project, including the SPA Plan and PFFP, is a
development agreement pursuant to which the developer will assist with the cost
of either a new fire station or the improvement of an existing nearby station. The
developer will also assist in the provision of a library to serve the area.
C. THE PROPOSED OTAY RANCH EASTERN URBAN CENTER
SECTIONAL PLANNING AREA (SPA) PLAN WILL NOT ADVERSELY
AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT,
CIRCULATION OR ENVIRONMENTAL QUALITY.
15-29
EUC is part of and consistent with the Otay Ranch General Development Plan,
which was designed to avoid adverse effects on adjacent land use, residential
enjoyment circulation or environmental quality. Furthermore, EUC is or will be
surrounded by other existing or planned urban uses, such as a shopping center and
freeway, and its land uses have been designed and located to provide compatible
development intensities adjacent to Birch Road, Eastlake Parkway and Village 11.
A comprehensive transit planning program and street network will serve the
project and provide for access to off-site adjacent properties as well as regional
circulation facilities. The SPA Plan follows existing environmental guidelines
and will avoid unacceptable off-site impacts through the provision of mitigation
measures specified in the Otay Ranch Eastern Urban Center Final Second-Tier
Environmental Impact Report (EIR 07-01), to at least the levels consistent with
those contemplated by the Otay Ranch General Development Plan. Generally,
EUC will be a showcase project for the use of environmentally sustainable design.
D. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES,
THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA,
LOCATION, Al'ID OVERALL DESIGN AND DEVELOPMENT STANDARDS
ARE SUCH AS TO CREATE A RESEARCH OR INDUSTRIAL
ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND,
THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STA1"1DARDS
ESTABLISHED BY THIS TITLE.
Specific industrial and research uses are not currently proposed. However, the
EUC SPA Plan includes a 25-acre business district that will allow up to 1,900,000
square feet of business uses. The SPA Plan and Form -Based Code include
location, design and development standards to ensure that all development will be
well -integrated into the mixed-use fabric of EUC. In addition, the Form-Based
Code requires design review, under standards consistent with those required,
before actual construction may occur.
E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER
SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL
BE APPROPRIATE IN AREA, LOCATION AND OVER-ALL PLANNING TO
THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE
PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH
DEVELOPMENT.
EUC is part of and consistent with the Otay Ranch General Development Plan,
which was designed to avoid these adverse effects. Furthermore, the EUC SPA
Plan includes an elementary school, a fire station site, local urban parks-and
recreational facilities, and community purpose facilities which will promote a
pleasant, mixed-use environment and extensive pedestrian activity. Parks have
been located to enhance accessibility and use, and will be improved to greater than
normal standards using in-lieu fees under the parkland dedication ordinance. A
pedestrian trail and transit route will connect to adjacent areas, allowing easy and
15-30
pleasant transportation. Design controls will ensure that the density and scale of
development on EUC's perimeter are compatible with adjacent surrounding areas.
F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE
AL'JD ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON.
The multi-modal transportation system depicted in the SPA Plan is consistent with
the circulation system described in the City's General Plan and the Otay Ranch
General Development Plan. It also contains adequate internal circulation, at
appropriate levels of service, consistent with the policies of the General Plan and
General Development Plan. The associated PFFP assures that internal road
improvements will be constructed concurrently with or prior to need.
G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAL'J BE
JUSTIFIED ECONOMICALLY AT THE LOCATION (S) PROPOSED AND
WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES
NEEDED AT SUCH PROPOSED LOCATION (S).
Both the City's General Plan and the Otay Ranch General Development Plan,
intend that EUC serve as a commercial hub for the region, providing business
services and generating economic activity that would provide needed commercial
services to future residents and visitors in the region. The EUC SPA Plan is
consistent with that intent. The on-site retail is anticipated to serve mostly
residents, but other commercial development can serve the broader region. One
benefit of this arrangement will be to reduce the length of trips. Regional demand
already exists for some of these services, such as a hotel.
H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE
PLANNED AL'JD ZONED IN COORDINATION AND SUBSTANTIAL
COMPATIBILITY WITH SAID DEVELOPMENT.
The EVC Spa Plan is consistent with the City's General Plan and the Otay Ranch
General Development Plan, both of which were designed to assure the desired
coordination and compatibility. EUC will accommodate transit facilities for the
broader region, including the immediately surrounding area; will assist with the
provision of a fIre station or station improvements to help protect the surrounding
area; will provide a pedestrian trail linking with surrounding areas; and will help
provide a library that will serve, among others, the surrounding area. Much of the
surrounding area has already been developed.
V. CONDITIONS OF APPROVAL
The conditions of approval of the Otay Ranch Eastern Urban Center SPA Plan are
on fIle in the OffIce of the City Clerk, and incorporated in this Resolution and in
the SPA Plan.
15-31
XI. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right
to revoke or modify all approvals herein granted, deny, revoke or further condition
issuance of all future building permits issued under the authority of approvals
herein granted, institute and prosecute litigation to compel their compliance with
said conditions or seek damages for their violation.
XII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is
dependent upon the enforceability of each and every term, provision and condition
herein stated; and that in the event that anyone or more terms, provisions, or
conditions are - determined by a Court of competent jurisdiction to be invalid,
illegal or unenforceable, this resolution shall be deemed to be automatically
revoked and of no further force and effect ab initio.
Presented by
Approved as to form by
Gary Halbert, AICP, PE
Deputy City Manager I
Development Services Director
)
15-32
EXHIBIT A
Legal Description of McMillin Property
With Map of All of EVe
REAL PROPERTY IN THE CITY OF CHULA VISTA, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
PARCEL 3 OF PARCEL MAP NO. 18481, IN THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFOR.l'lIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, MAY 31, 2000, AS INSTRUMENT NO. 2000-283684 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM THE LAND DESCRIBED IN THAT CERTAIN IRREVOCABLE OFFER
OF DEDICA nON OF FEE INTEREST RECORDED MAY 22, 2003, AS INSTRUMENT NO. 2003-
0604602, AND ACCEPTED BY THAT CERTAIN ACCEPTANCE OF IRREVOCABLE OFFER OF
DEDICATION OF FEE INTEREST RECORDED MAY 22, 2003, AS INSTRUMENT NO. 2003-
0604603, AND CONVEYED TO THE STATE OF CALIFORNIA BY GRANT DEED RECORDED
MAY 22, 2003, AS INSTRUMENT NO. 2003-0604607, ALL OF OFFICIAL RECORDS OF SAt"\!
DIEGO COUNTY, CALIFORNIA.
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15-33
Exhibit B
SPA CONDITIONS OF APPROVAL FOR OT A Y RANCH EASTERN URBAN CENTER
The adoPtion of this SPA Plan is expresslv conditioned upon the concurrent approval bv the Citv
Council of the Eastern Urban Center Development Agreement and the "Agreement Regarding
Construction of Parks in a Portion of Otav Ranch Eastern Urban Center" ("Parks Agreement").
Applicant agrees and acknowledges that the conditions of approval for this SPA Plan are reliant
upon the conditions in the Development Al?reement and the 'Parks Agreement and that the
approval of the Development Agreement and Parks Agreement is a condition precedent to the
effectiveness of the adoption of this SPA Plan. In the event the City does not approve the
Development Agreement and the Parks Agreement. the adoption of this SPA Plan shall be null
and void. and the Citv and the Applicant will meet in good faith to revise the conditions of
approval to address the absence of the Development Agreement and the Parks Agreement If the
Applicant elects to have the Citv reconsider the application for this SPA Plan in the absence of
the Develollment Agreement and the Parks Agreement a new application need not be filed. but a
new public hearing will be required. The City will have sole and absolute discretion to consider
the application at the new public hearing.
1. All of the terms, covenants and conditions contained herein shall be binding upon and inure
to the benefit of the heirs, successors, assigns and representatives of the Developer as to any
or all of the Property. For the purpose of this document "Developer" shall have the same
meaning as "Applicant."
2. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are,
by their terms, to be implemented and maintained over time, if any of such conditions fail to
be so implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted including issuance of building permits, deny,
or further condition the subsequent approvals that are derived from the approvals herein
granted, institute and prosecute litigation to compel their compliance with said conditions
and/or seek damages for their violation.
3. Developer shall indemnify, protect, defend and hold the City its agents, officer,'; and
employees harmless from and against any and all claims, liabilities and costs, including
attorney's fees, arising from challenges to the Final Environmental Impact Report, FEIR #07-
01, for the Project, the Eastern Urban Center Sectional Plan Area (SPA, PCM-06-08), and/or
any and all entitlements and appro':als issued by the City in connection with the Project. The
Developer and the Citv agree that the indemnity provisions contained in the Development
Agreement mId Parks Agreement satisfy this condition.
4. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista
Municipal Code; the Chula Vista Subdivision Manual; City of Chula Vista Multiple Species
Conservation Program (MSCP) Subarea Plan; City of Chula Vista Design and Construction
Page 1 of9
~---g-4
Standards; the Development Storm Water Manual for Development & Redevelopment
Projects; the City of Chula Vista Grading Ordinance No. 1797; the State of California
Subdivision Map Act; the City of Chula Vista General Plan; the City's Growth Management
Ordinance; 'Chula Vista Landscape Manual; Chula Vista Fire Department's Po]jcies and
Procedures; Otay Ranch General Development Plan, Otay Ranch Resource Management
Plan, Phase 1 and Phase 2; Otay Ranch Wide Affordable Housing Plan; Otay Ranch Overall
Design Plan; and Tentative Maps (TMs) Final Second-Tier Environmental Impact Report
(Final ErR 07-01) and associated Mitigation Monitoring and Reporting Program (MMRP);
Otay Ranch Eastern Urban Center Sectional Planning Area (SPA, PCM-99-07) Plan and
supporting documents including: Public Facilities Finance Plan (PFFP); Parks, Recreation,
Open Space and Trails Plan; SPA Affordable Housing Plan, Air Quality Improvement Plan
(AQIP), Water Conservation Plan (WCP); and .the Non-Renewable Energy Conservation
Plan as amended from time to time.
5. The Developer shall comply and remain in compliance with the Air Qua]jty Improvement
Plan.
6. The Developer shall implement the final WCP measures as approved by the City Council,
and as may be amended from time to time, and to comply and remain in compliance with the
Water Conservation Plan.
7. Upon request of the Director of Development Services, the Developer shall submit a revised
SPA plan prior to the first final map, which addresses a reallocation of residential units from
District 9 to District 10 to reflect the relocation of the preferred school site to District 9. Said
reallocation shall be approved by the City as an administrative revision.
8. The Developer shall implement to the satisfaction of the Director of Development Services
all mitigation measures identified in Final EIR 07-01 (SCH No. 2007041074), the-Findings
of Fact and the Mitigation Monitoring and Reporting Program.
9. The Developer shall comply with all requirements and policies of the Otay Ranch Resource
Management Plan (RMP) approved by the City Council on October 28, 1993, and Phase 2
Resource Management Plan (R.t\1P2), including the Preserve Conveyance Schedule, as
approved by City Council on June 4, 1996, or as amended from time to time by the City,
10. The Developer shall convey fee title, or upon the consent of the Preserve Owner/Manager
(POM) and any ]jen holder, an easement restricting use of the land to those permitted by the
RMP, to the POM upon the recordation of each final map for an amount of land equal to the
final map's obligation to convey land to the Preserve, as required by the RMP. Where an
easement is conveyed, the Developer shall be required to provide subordination of any prior
lien holders in order to ensure that the POM has a first priority interest in such land. Where
consent and subordination cannot be obtained, the Developer shall convey fee title. Where
fee title or an easement is conveyed, access to the satisfaction of the POM shall be conveyed.
Where an easement is granted, each final map is subject to a condition that fee title shall be
granted upon demand by the POM. The developer further agrees to maintain and manage the
Paoe 2 of9
15-35
offered conveyance property consistent with Phase I and 2 RMP guidelines until such time
when the POM has accepted the conveyance property.
II. Prior to approval of the first final "B" map for the Project, at the request of the City
Engineer, Developer shall take all necessary steps to include the Project area within
Improvement Area "A" of the Otay Ranch Preserve Maintenance District (CFD 97-02). Land
may be included in CFD 97-02 in a manner approved by the City7
12. The Developer shall obtain any necessary permits and comply with any applicable
requirements of the California Department of Fish and Game, California State Water
Resources Control Board, u.S. Department ofFish and Wildlife and the u.S. Army Corps of
Engineers. If required, for the Salt Creek Sewer Lateral improvement, Developer shall apply
for and receive a take permit/authorization from the U.S. Fish and Wildlife Service and
California Department of Fish and Game or comply with the approved City of Chula Vista
MSCP Subarea Plan or other equivalent take permit/authorization applicable to the Project.
13. Street cross sections shall conform to those standards contained in the Eastern Urban Center
SPA Plan. Any design criteria shall conform to the Otay Ranch Street Sections contained in
the document entitled Design Standards 2002 and the Subdivision Manual 2002 ("City
Design Standards"). Any proposed variations from the City Design Standards, which are not
addressed in the SPA Plan shall be subject to approval by the City and indicated on the
appropriate map and I or street improvement plans.
14. Development of the. subdivision shall comply with all applicable regulations established by
the United States Enviromnental Protection Agency (USEPA) as set forth in the National
Pollutant Discharge Elimination System (N.P.D.E.S.) permit requirements for urban runoff
and storm water discharge and any regulations adopted by the City of Chula Vista pursuant
to the N.P.D.E.S. regulations or requirements. Further, the Applicant shall file a Notice of
Intent with the State Water Resources Control Board to obtain coverage under the N.P.D.E.S.
General Permit for Storm Water Discharges Associated with Construction Activity and shall
implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the
commencement of grading activities. The SWPPP shall include both construction and post
construction pollution prevention and pollution control measures and shall identifY funding
mechanisms for post construction control measures. The Developer, and successors in
interest, shall comply with all the provisions of the N.P.D.E.S. and the Clean Water Program
during and after all phases of the development process, including but not limited to: mass
grading, rough grading, construction of street and landscaping improvements, and
construction of dwelling units. The Applicant shall comply with the City of Chula Vista
Development and Redevelopment Projects Storm Water Management Standards
Requirements Manual (Storm Water Management Standards Manual) and shall design the
Project's storm drains and other drainage facilities to include Best Management Practices
(BMP's) to minimize non-point source pollution, satisfactory to the City Engineer.
15. The Applicant shall comply with the Fire Department's codes and policies for Fire
Prevention. As part of any submittal for design review, a fire access and water supply plan
Page 3 of9
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prepared by a licensed engineering firm, which has been determined to be qualified in the
sole discretion of the Fire Marshall, shall be submitted to for approval by the City Of Chula
Vista Fire Department. The plan shall detail how and when the Applicant shall provide the
following items either prior to the issuance of building permit(s) for the Project, or prior to
delivery of combustible materials on any construction site on the Project, whichever occurs
earlier:
a. Water supply consisting of fire hydrants as approved and indicated by the Fire
Department during plan check to the satisfaction of the Fire Department. Any
temporary water supply source is subject to prior approval by the Fire Marshal.
b. Emergency vehicle access consisting of a minimum first layer of hard asphalt
surface or concrete surface, with a minimum standard width of I S feet.
c. Street signs installed to the satisfaction of the City Engineer. Temporary street
signs shall be subject to the approval of the City Engineer and Fire Department.
Locations and identification of temporary street signs shall be subject to review and
approval by the City Engineer and Fire Department.
16. The Developer shall develop a landscape concept, including a plant palette for the Eastern
Urban Center that is consistent with the EUC SPA Plan and is distinguishable from other
Villages to the satisfaction of the Director of Development Services.
17. Developer shall comply with the provisions of the City of Chula Vista Parks and Recreation
Master Plan and EUC Urban Parks, Recreation and Open Space Plan as adopted and as it
affects facilities and other related requirements for the Project's parks.
18. The Developer acknowledges and agrees to comply with the provisions of the City of Chula
Vista Greenbelt Master Plan (September 16,2003) as expressed in the EUC SPA Plan.
19. Developer agrees to construct and install devices, equipment and structures, at Developer's
sole expense, necessary above and/or underground utilities to accommodate the required
street trees within the pedestrian corridor as depicted in the SPA plan as determined
necessary by the City Engineer.
20. The Eastern Urban Center Project shall satisfy the requirements of the Parkland Dedication
Ordinance (PDO) pursuant to Chula Vista Municipal Code Chapter 17.10. The ordinance
establishes a requirement that the project provide three (3) acres of local parks and related
improvements per 1,000 residents. Local parks are comprised of community parks and
neighborhood parks. Overall park obligation shall be met through the payment of fees,
dedication of land, or a combination thereof in a manner consistent with the following and in
a manner acceptable to the Director of Development Services:
a. Applicant shall dedicate parkland and develop 12.88 net useable-acres of urban parks
(Lots P-I, P-2, P-3, P-4, P-S, and P-6).
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b. Applicant shall provide 2.75 acres of urban recreational facilities improvements
(office plazas and jogging path/promenade) within areas 1,4, and 8.
c. Applicant shall satisfy the obligation of in lieu fees for 7.73 acres of parkland
acquisition and parkland development obligation through the reinvestment of 5.88
acres of fees into developed parkland (shall be reinvested into the previously
mentioned 15.63 acres of parkland (12.88 acres of urban parks and 2.75 acres of
urban recreational facilities)). Applicant shall also pay in lieu fees representing 1.85
acres of parkland acquisition and parkland development.
21. The Applicant may, subject to City Council approval, enter into a written agreement with the
City identifying the Applicant's parkland acreage dedication, park development
improvements and in lieu fee obligations, and the timing and method of satisfying those
obligations. If the Applicant and the City enter into such an agreement, the Applicant may
satisfy its parkland dedication, improvement and in lieu fee obligations pursuant to the terms
of that agreement.
22. Developer shall provide adequate land to accommodate a fire station and adequate land
and/or space in a building to accommodate a public librarv per the terms of the Development
Agreement.
~23. The Developer shall install Chula Vista Transit facilities, which may include but not be
limited to benches and bus shelters, in accordance with the improvement plans approved by
the City. Since transit service availability may not coincide with project development, the
Developer shall install said improvements when directed by the City. Each Developer,
separately and individually, shall enter into (an) agreement(s) with the City prior to approval
of that Developers' first final "BOO map to ensure funding of these facilities. Said transit stops
shall be designed in the manner consistent with the transit stop details and principles as
described in the SPA Plan and Village Design Plan, and as approved by the City's Transit
Coordinator and Director of Development Services.
;g.,24. In order to satisfy their fair-share contribution for financing the Bus Rapid Transit (BR T)
or other transit system, the Developer shall enter into an agreement with the City which states
that the Developer will not protest the formation of any potential future regional benefit
assessment district formed to finance the EBR Tl.
:t+25. C0l13ist81-1t Prior to issuance of the l400th market-rate dwelling unit building pem1it for
the proiect. Applicant shall enter into an acreement with the Citv to provide affordable
housing units as specific in the adopted with the timing identified in the EUC Comprehensive
Affordable Housing Program (CARP), the Developer shall each eeter into an a;;reement "vitl:
the City ofChula Vista to provide affordable housin;; units as detailed in the adopted C/cHI'.
&26. If required by the City, the Developer, separately and individually, shall enter into
agreements with the City of Chula Vista, prior to approval of each Developer's first final "BOO
map within Eastem Urban Center, in order to participate, on a fair share basis, in any
Pa,e 5 of9
--rr - '"31l
deficiency plan or financial program adopted by SANDAG to comply with the Congestion
Management Program (CMP).
2ho27. If required by the County of San Diego, the Developer shall equitably participate in any
future regiolJal impact fee program for correctional facilities should the region enact such a
fee program to assist in the construction of such facilities. The Developer shall enter into an
agreement, prior to approval of the first final map, with the City which states that the
Developer will not protest the formation of any potential future regional benefit assessment
district formed to finance correctional facilities.
;>,;1,28. A-Prior to approval of the first final map. the Applicant shall cnter into an agreement with
the City wherebv the Applicant agrees to provide funds to the Reserve Fund as required bv
the Reserve Fund Program. pursuant to the Fiscal Impact of New Development (F.I.N.D.)
Model for the Otav Ranch Proiect. for the preparation of an annual report monitoring the
development of the communitv of Otav Ranch. pursuant to the provisions of the Growth
Management Ordinance and the Otav Ranch General Development Plan (GDP).reserYc ful:d
program has been established b)' Resolution No. 18288 for the funding of the Fiscal Impact
of New Development (F.r.N.D.) Model for the Ota)' Ranch Project. The ,\pplieant shall
provide funds to the Reservc Fand as req:lired by the Reser;e F::nd Program. Pursaant t&-!fie
provisioil3 of the Gra'1Ith Managcment Ordinance and tfie Otay Ranch General Development
Plm: (GDPl, the /.pplicant shall pmiieipate in the funding of the prcpmation of on annual
report monitoring the de';clopmeDl Dftfie eommunity DfOta)' Rmleh.
~29. Prior to the issuance of each building permit, the Applicant(s) shall provide the City with
evidence of certification by the CVESD that any fee, charge, dedication, or other
requirements levied by the school district has been complied with or that the district has
determined the fee, charge or other requirements does not apply to the construction.
:&9c30. Prior to approval of each final map for private development on Lots 26 and 27, the
Applicant shall provide evidence and proof of agreement from the Chula Vista Elementary
School District that the site has not been determined by the district to be needed for use as a
school site.
*31. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the
CVMC) and the Otay Ranch General Development Plan (GDP), the Applicant shall complete
the following: (1) Fund its fair share of the preparation of an annual report monitoring the
development of the community of Otay Ranch. The mmmal monitoring report will analyze
the supply of, and demand for, public facilities and services governed by the threshold
standards. An annual review shall commence following the first fiscal year in which
residential occupancy occurs and is to be completed during the second quarter of the
following fiscal year. The annual report shall adhere to those guidelines noted on page 353,
Section D of the GDP/SRP; and (2) Prepare a five year development phasing forecast
identifying targeted submittal dates for future discretionary applications (SPAs and tentative
maps), projected construction dates, corresponding public facility needs per the adopted
threshold standards, and identifying financing options for necessary facilities.
Pa~e 6 of9
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32. The Developer shall include maintenance of a proportional share of the Poggi Canyon
channel, the Wolf Canyon open space, the water quality and detention basins (the later in
accordance with the "Maintenance Plan for Wolf Canyon", dated July 15,2004) in an open
space maintenance district formed for Eastern Urban Center unless otherwise determined bv
the Director of Develo-pment Services.
~33. The Developer shall be responsible for retaining a project manager to coordinate the
processing of Eastern Urban Center discretionary permit applications originating from the
private sector and submitted to the City of Chula Vista. The project manager shall establish a
formal submittal package required of each developer to ensure a high standard of design and
to ensure consistency with standards and policies identified in the adopted SPA Plan. The
project manager shall have a well-rounded educational background and experience, including
but not limited to land use planning and architecture.
~34. Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch
GDP, the Developer shall prepare a five year development phasing forecast identifying
targeted submittal dates for future discretionary applications (SPAs and tentative maps),
projected construction dates, corresponding public facility needs per the adopted threshold
standards, and identifying financing options for necessary facilities.
ft35. Phasing approved with the SPA Plan may be amended subject to approval by the Director
of Development Services and the City Engineer.
36. The Public Facilities Finance Plan (PFFP) for the Eastern Urban Center or revisions thereto
shall be adhered to for the Eastern Urban Center SPA and tentative map with improvements
installed in accordance with said plan or as required to meet threshold standards adopted by
the City of Chula Vista. The PFFP identifies a facility phasing plan based upon a set of
assumptions concerning the location and rate of development' within and outside of the
Project area. Throughout the build-out of Eastern Urban Center, actual development may
differ from the assumptions contained in the PFFP. The PFFP itself does not grant the
Developer an entitlement to develop as assumed in the PFFP, or limit Eastern Urban Center's
facility improvement requirements to those identified in the PFFP. Compliance with the City
of Chula Vista threshold standards, based on actual development patterns and updated
forecasts in reliance on changing entitlements and market conditions, shall govern Eastern
Urban Center development patterns and the facility improvement requirements to serve such
development. In addition, the sequence in which improvements are constructed shall
correspond to transportation phasing plan for the City of Chula Vista or to the Growth
Management Program and Ordinance adopted by the City. The City Engineer may modify
the sequence of improvement construction should conditions change to warrant such a
reVISIOn.
*37. The Developer shall enter into supplemental agreement(s) with the City, prior to approval
of each final map for any phase or unit, whereby:
Pa"e 7 of9
15-"40
a. The Developer agree(s) that the City may withhold building permits for any units in
Eastern Urban Center in order to have the Project comply with the Growth Management
Program; or, if any one of the following occur:
(1) Regional development threshold limits set by a Chula Vista transportation-phasing
plan, as amended from time to time, have been reached.
(2) Traffic volumes, level of service, public utilities and/or services either exceed the
adopted City threshold standards or fail to comply with the then effective Growth
Management Ordinance and Growth Management Program and any amendments
thereto.
(3) The project's required public facilities, as identified in the Public Facilities Finance
Plan (PFFP), or as amended or otherwise conditioned, have not been completed or
constructed in accordance with the project entitlements including the Development
Agreement to the satisfaction of the City. The Developer may propose changes in the
timing and sequencing of development and the construction of improvements
affected. In such case, the PFFP may be amended after review and approval by the
City's Director of Development Services and the City Engineer. The Developer
agree(s) that the City may withhold building permits for any of the phases of
development identified in the PFFP for the Eastern Urban Center SPA if the project's
required public facilities, as identified in the PFFP or as amended by the Annual
Monitoring Program in accordance with the Development Agreement. Public utilities
shall include, but not be limited to, air quality, drainage, sewer and water.
b. The Developer agrees to defend, indemnify and hold harmless the City,--ilfl6 its agents,
officers and employees against frem-any etaitrr,-actions. claims or proceeding~ against the
City., its agents, officzrs or 3mployces: The Developer and the Citv agree that the
indemnitv provisions in the Development Agreement satisfv this condition.
(1) To attack, set aside, void or annul any approval by tho Cit)", induding approval by its
Plarmin; Comulission, City Councilor an)' appro,'al by its agents, officers, or
employees with regard to the approyal of the SP:\ or discretionary approyals relating
thoreto, and;
(2) ,A,s to each DeYelopers' respoctiye subscquJnt development of thcir portions of the
Project, provided th3 City promptly Rotities thz Dc':elopJr of any elaim, action or
proceeding and on the funher condition that the City fully cooperates in the defense.
:J-7.,38. The Developer shall submit electronic versions of all SPA documents, including text and
graphics, to the Development Services DepaI1ment in a format specified and acceptable to
the Director of Development Services.
Page 8 of9
10-41
Exhibit B
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MCMILLIN OTA Y RANCH
LLC. RELATED TO EASTERN URBAN CENTER SPA AFPROV AL
The Property Owner and the Developer shall execute this document by signing the lines provided
below, said execution indicating that the Property Owner and Developer have each read,
understood and agreed to the conditions contained in Resolution No. , and will implement
same to the satisfaction of the City. Upon execution, this document and a copy of Resolution
No. shall be recorded with the County Clerk of the County of San Diego, at the sole
expense of the Property Owner and/or Developer, and a signed, stamped copy returned to the
City Clerk. Failure to return a signed and stamped copy of this recorded document within thirty
days of recordation to the City Clerk shall indicate the Property Owner/Developer's desire that
the project, and the corresponding application for building permits and/or a business license, be
held in abeyance without approval.
Signature of Property Owner
Date
Attachment(s)
Page 9 of9
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RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING A TENTATIVE
SUBDIVISION MAP FOR THE EASTERN URBAN
CENTER PORTION OF THE OT A Y RANCH
WHEREAS, the property which is the subject matter of this resolution is
identified as Exhibit "A" attached hereto and described on ChuIa Vista Tract 09-03, and
is commonly known as Otay Ranch Eastern Urban Center CProperty"); and,
WHEREAS, McMillin Otay Ranch, LLC ("Applicant") filed a duly verified
application for the subdivision of the Property in the form of the tentative subdivision
map known as "Otay Ranch Eastern Urban Center, Chula Vista Tract 09-03" ("Project")
with the Planning and Building Department of the City of Chula Vista on May 12, 2009;
and,
WHEREAS, the application requests the approval for the subdivision of
approximately 207 acres of land known as the "Otay Ranch Eastern Urban Center" south
of Birch Road and the Otay Ranch Town Center, north of the future extension of Hunte
Parkway, adjacent to and east of State Route 125, and west of Eastlake Parkway. (APN:
643-060-18-00); and,
WHEREAS, the City Council set the time and place for a hearing on said Otay
Ranch Eastern Urban Center Tentative Subdivision Map (C.V.T. 09-03) and notice of
said hearing, together with its purpose, was given by its publication in a newspaper of
general circulation in the city and its mailing to property owners within 500 feet of the
exterior boundaries of the Project Site at least ten days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00
p.m. August 26, 2009, in the Council Chambers located in the Administration Building,
276 Fourth Avenue, and the Planning Commission voted 6-0-0-1 to approve Planning
Commission Resolution PCS 09-03 recommending to the City Council approval of the
Tentative Subdivision Map for the Eastern Urban Center; and,
WHEREAS, the City's Environmental Review Coordinator has reviewed the
proposed action and has determined that the approval of the Otay Ranch Eastern Urban
Center Tentative Subdivision Map (C.V.T. 09-03) would result in a significant impact to
the environment; therefore, a Second Tier Environmental Impact Report (EIR 07-01) has
been prepared; and,
WHEREAS, environmental review of this proposed action relied in part on the
original Otay Ranch General Development Plan Program Environmental Impact Report
90-01, and the Otay Ranch Eastern Urban Center SPA Plan Final Second-Tier
15-43
Environmental Impact Report ("EIR 07-01") (SCH#2007041074), the CEQA Findings
and Mitigation Monitoring and Reporting Program; and,
WHEREAS, immediately prior to consideration of this action the City Council
reviewed and certified the Second-Tier Environmental Impact Report (EIR 07-01); and
WHEREAS, a public hearing was scheduled and held before the City Council of
the City of Chula Vista on the Otay Ranch Eastern Urban Center Tentative Subdivision
Map,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby find, determine, resolve and order as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at
their public hearing held on August 26, 2009, and the minutes and resolutions
resulting therefrom, and from all prior meetings of the Planning Commission on
this issue are hereby incorporated into the record of this proceeding. These
documents, along with the proceedings and any documents submitted to the City
Council as the decision makers, shall comprise the entire record of the
proceedings pursuant to California Environmental Quality Act (CEQA) Section
21167.6 for any CEQA claims.
II. COMPLIANCE WITH CEQA
The City Council hereby finds that the adoption of the the Otay Ranch Eastern
Urban Center Tentative Subdivision Map (C.V.T. 09-03) would not have any new
effects that were not examined in the certified Program E1R prepared for the Otay
Ranch General Development Plan (EIR 90-01/SCH #89010154) and the General
Plan Update E1R (ErR 05-01; SCH #2004081066) except as described and
analyzed in the Second-Tier Final E1R 07-01. (CEQA Guidelines Section
15168(c)(2)).
III. ACTION
The City Council hereby finds and determines that the Otay Ranch, Eastern Urban
Center Tentative Subdivision Map, Chula Vista Tract 07-01 involving 207 acres
of land known as "Otay Ranch Eastern Urban Center"("EUC Tentative Map"), as
conditioned, is consistent with the City of Chula Vista General Plan, and the Otay
Ranch General Development Plan, and all other applicable Plans, and that the
public necessity, convenience, general welfare and good planning and zoning
practice support their approval and implementation. On the basis of this and the
findings set forth below, the City Council hereby approves the Otay Ranch,
Eastern Urban Center Tentative Map, Chula Vista Tract 07-01, subject to the
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Conditions of Approval for the EUC Tentative Map, which are on file in the
Office of the City Clerk.
IV. TENTATIVE SUBDIVISION MAP FINDINGS
A. Pursuant to Government Code Section 66473.5 of the Subdivision Map
Act, the City Council fmds and determines that the Otay Ranch "Eastern
Urban Center Tentative Subdivision Map (C.V.T. 09-03)," as conditioned, on
file in the Office of the City Clerk, for Otay Project L.P together with the
provisions for its design and improvement, is consistent with the City's
General Plan and all the various elements thereof and all applicable specific
plans, specifically, the Otay Ranch General Development Plan, based on the
following:
I. General
The proposed Project would contain both the number ofresidential
units and the amount of non-residential space contemplated in the
City's general plan and the Otay Ranch General Development Plan.
It will also contain the number or amount of public facilities, such
as recreational facilities and library space, contemplated by those
plans. It will be conditioned to provide, by purchase, required
biological mitigation. The Project is also consistent with the goals
and policies of these plans. It will provide an urban-density
community, maximize pedestrian walkability, and support transit.
2. Design and Improvement
The Project's road system is consistent with those in the plans,
both in layout and in linking with other communities. The Project
will accommodate a regional transit line and a regional pedestrian
trail. Proper public infrastructure, such as parks, will be provided.
Anticipated structures will create a recognizable landmark within
an urban node. The design of the structures proposed for the
Project will be required to enhance the public realm and to create a
pleasing environment while facilitating access to open spaces.
Shared parking will be used to ensure adequate parking is provided
in the most efficient manner possible.
3. Land Use
The Project is in a planned community that provides multi-family
residential uses, mixed-use development, business/offices, urban
parks, elementary school, community purpose facilities, trails and
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open space and other uses authorized by the Eastern Urban Center
Sectional Planning Area (SPA) Plan.
4. Circulation
All of the on-site and off-site public and private improvements
required to serve the subdivision are part of the Project description
or are conditioned consistent with the Otay Ranch General
Development Plan, and the Eastern Urban Center SPA Plan. The
Applicant shall construct those facilities in accordance with City
and Otay Ranch Eastern Urban Center SPA Plan standards and
Public Facility Finance Plan .
5. Housing
An affordable housing agreement between the City and McMillin
Otay Ranch, LLC. (Master Developer) will be executed subsequent
to the approval of the Tentative Map and is applicable to subject
Project providing for low and moderate-income households.
6. Parks, Recreation and Open Space
Parks, recreation and open space will be conditioned under
Tentative Map conditions to provide local urban parks.
Construction of parkland and open space and programmable
recreation facilities are the responsibility of the Applicant
7. Conservation
The Program ElR and FEIR addressed the goals and policies of the
Conservation Element of the General Plan and found development
of this site to be consistent with these goals and policies. The Otay
Ranch Phase Two Resource Management Plan requires
conveyance of 1.18 acres of land to the Otay Ranch Preserve for
every one-acre of developed land prior to approval of any Final
Map.
8. Seismic Safety
The proposed subdivision is in conformance with the goals and
policies of the Seismic Element of the General Plan for this site.
No seismic faults have been identified in the vicinity of the Project
according to the Otay Ranch Eastern Urban Center SPA
Geotechnical Reconnaissance Report.
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9. Public Safety
All public and private facilities are expected to be reachable within
the threshold response times for fire and police services based on
the Eastern Urban Center Public Facility Finance Plan and
threshold requirement contained within the conditions of approval.
10. Public Facilities
The Applicant will provide all on-site and off-site streets, sewers
and water facilities necessary to serve this Project. The proposed
Project will be required to provide all potable and recycled water
improvements needed to serve the Project without relying on the
phased construction of adjacent projects which are planned to
provide other improvements. The on-site sewer system has been
sized to accommodate the land uses and their locations as well as
any proposed changes that may occur due to density/intensity
transfers.
II. Bicycle Routes
The Project is provides on-site bicycle routes within the Project,
consistent with the objectives and policies of the General Plan and
the Otay Ranch GDP.
12. Public Buildings
The Project provides sites for a fire station, library, and elementary
school. There is also a 23-acre site identified as Mixed Use
Civic/Office Core District to allow space for other city and
regional facilities.
B. Pursuant to Government Code section 66474(c) and (d) of the Subdivision
Map Act, the City Council further finds and determines that, as conditioned,
the Project Site is physically suitable for the type of development proposed,
and the proposed density of development proposed based on the following:
I. Type of Development
The Project Site is a large, relatively flat site, conducive to creating an
urban center. It is or will be surrounded by other existing or planned
urban uses, such as a shopping center and freeway. Soils can
15-47
accommodate the proposed type of development. The proposed
development will not significantly harm hydrology or water quality.
Utilities can be placed as needed. Biological impacts can be mitigated.
2. Density of Development
The Project Site is a large, relatively flat site, conducive to creating an
urban center. It is or will be surrounded by other existing or planned
urban uses, such as a shopping center. Soils can accommodate the
proposed density of development. The Project will not significantly
harm hydrology or water quality. Utilities can be placed as needed.
Biological impacts can be mitigated. A freeway exists alongside the
site. The Project will accommodate transit.
C. Pursuant to Government Code section 66474(e) of the Subdivision Map
Act, the City Council further finds and determines that, as conditioned, the
design of the Project or any improvements included therein are not likely to
cause substantial environmental damage or substantially and avoidably injure
fish or wildlife or their habitat.
An environmental impact report has been prepared for the Project
pursuant to the California Environmental Quality Act. After
mitigation, biological impacts will not be significant, and the Project
would not cause unmitigable harm to fish, wildlife, or their habitats.
There will be unmitigable impacts in several other ways, however,
including landform alteration/aesthetics, air quality, agriculture,
wastewater, transportation, noise, archeological resources, and water
supply. Nevertheless, this tentative map may be and is being approved
notwithstanding these potentially significant impacts pursuant to
Government Code section 66474.01, as the City Council is making
appropriate findings under Public Resources Code section 21081.
D. Pursuant to Government Code section 66474(f) of the Subdivision Map
Act, the City Council further finds and determines that the design of the
Project and all improvements is not likely to cause serious public health
problems.
The design of the Project and all improvements will comply with the
California Building Code and all other uniform codes. The Project
will provide for installation of sprinklers where necessary as well as
fire hydrants as appropriate. The development will provide for a fire
station to serve the entire community and surrounding areas. Standard
best management practices will adequately control dust generation,
minimize soil movement, and prevent soil from entering storm drains.
According to the EIR, any potential health hazards are mitigable. The
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Project Site is not in an air crash zone, and development at the
maximum permissible heights has been determined not to create a
hazard to aviation.
E. Pursuant to Government Code section 66474(g) of the Subdivision Map
Act, the City Council further finds and determines that the design of the
Project and all improvements will not conflict with easements acquired by the
public at large, for access through or use of, property within the proposed
subdivision.
The easements on the Project Site were acquired for an earlier design
of the Project that is no longer being pursued. Public easements on the
Project Site will be either unaffected, replaced, or not used.
F. Pursuant to Government Code section 66473.I(a) of the Subdivision Map
Act, the City Council further finds and determines that the design of the
Project provides, to the extent feasible, for future passive or natural heating
and cooling opportunities.
The Project will contain a number of features maximizing the use of
passive and natural heating and cooling. These include building
orientation and parking lot design controls intended to limit local heat,
maximize the use of vegetation, and allow breezes to pass. Generally,
the Project will be a showcase project for the use of environmentally
sustainable design.
G. Pursuant to Government Code section 66412.3, the City has considered the
effect of the proposed action on the housing needs of the region and balanced
these needs against the public service needs of its residents and available fiscal
and environmental resources.
The Project will provide up to 2,983 residential units for the region
while, according to the fiscal study prepared for the City, providing a
net fiscal benefit to the City. The Project will improve fire services by
helping to fund construction of a fire station, and will reserve space for
a library. Environmental resources such as biological resources will
not be significantly impacted, while the City is adopting overriding
findings acknowledging that it balanced these considerations with
unmitigable environmental impacts.
H. The City Council finds and determines that Government Code 966474.4 is
inapplicable because none of the conditions in subdivision (a) of that section exist.
1. The City Council finds and determines that the conditions herein imposed on
the grant of permit or other entitlement herein contained is approximately
15-49
proportional both in nature and extent to the impact created by the proposed
development.
V. CONDITIONS OF APPROVAL
The City Council hereby approves the the tentative subdivision map for the "Otay
Ranch Eastern Urban Center, Chula Vista Tract 09-03" subject to the EUC
Tentative Map Conditions of Approval, which are on file in the Office of the City
Clerk.
VI. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right
to revoke or modify all approvals herein granted, deny, revoke or further condition
issuance of all future building permits issued under the authority of approvals
herein granted, institute and prosecute litigation to compel their compliance with
said conditions or seek damages for their violation.
VII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is
dependent upon the enforceability of each and every term, provision and condition
herein stated; and that in the event that anyone or more terms, provisions, or
conditions are determined by a Court of competent jurisdiction to be invalid,
illegal or unenforceable, this Resolution shall be deemed to be automatically
revoked and of no further force and effect ab initio.
Presented by
Approved as to form by
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"----Bar-liMl J.g. l-.
4-lCi,tY Attorney
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Gary Halbert, AICP , PE
Deputy City Manager
Development Services Director
15-50
EXHIBIT A
Le!!al Description of McMillin Property
With Map of All ofEUC
REAL PROPERTY IN THE CITY OF CHULA VISTA, STATE OF CALIFORj',IA, DESCRIBED AS
FOLLOWS:
PARCEL 3 OF PARCEL MAP NO. 18481, IN THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAi'l
DIEGO COUNTY, MAY 31, 2000, AS INSTRUMENT NO. 2000-283684 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM THE LAND DESCRIBED IN THAT CERTAIN IRREVOCABLE OFFER
OF DEDICATION OF FEE INTEREST RECORDED MAY 22, 2003, AS INSTRUMENT NO. 2003-
0604602, Ai'lD ACCEPTED BY THAT CERTAIN ACCEPTANCE OF IRREVOCABLE OFFER OF
DEDICATION OF FEE INTEREST RECORDED MAY 22,2003, AS INSTRUMENT NO. 2003-
0604603, AND CONVEYED TO THE STATE OF CALIFORNIA BY GRANT DEED RECORDED
MAY 22, 2003, AS INSTRUMENT NO. 2003-0604607, ALL OF OFFICIAL RECORDS OF SAN
DIEGO COUNTY, CALIFORNIA.
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15-51
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Exhibit "B"
Otay Ranch EVC Tentative Snbdivision Map
(PCS-09-03 )
CONDITIONS OF APPROVAL
Unless otherwise specified or required by law: (a) the conditions and Code requirements set
forth below shall be completed or, pursuant to the Subdivision Map Act, be the subject of a
secured improvement agreement prior to or with approval of the related Final Map as determined
by the Director of Development Services and the City Engineer (b) unless otherwise specified,
"dedicate" means grant the appropriate easement, rather than fee title. Where an easement is
required the Applicant shall be required to provide subordination of any prior lien and easement
holders in order to ensure that the City has a first priority interest and rights in such land unless
otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title
shall be free and clear of all encumbrances, unless otherwise excused by the City.
The approval of this Tentative Subdivision Map is expresslv conditioned upon the concurrent
approval bv the Citv Council of the Eastern Urban Center Development Agreement and the
"Agreement Regarding Constmction of Parks in a POltion of Otav Ranch Eastern Urban Center"
("Parks Agreement"). Applicant agrees and acknowledges that the conditions of approval for
this Tentative Subdivision Map are reliant upon the conditions in the Development Agreement
and the Parks Agreement. and that the approval of the Development Agreement and Parks
Agreement is a condition precedent to the effectiveness of the approval of this Tentative
Subdivision Map. In the event the City does not approve the Development Agreement and the
Parks Agreement. this Tentative Subdivision Map shall be null and void. and the City and the
Applicant will meet in good faith to revise the conditions of approval to address the absence of
the Development Agreement and the Parks Agreement. If the Applicant elects to have the Citv
reconsider the application for this Tentative Subdivision Map in the absence of the Development
Agreement and the Parks Agreement. a new application need not he filed. but a new public
hearing will be required. The City will have sole and absolute discretion to consider the
application at the new public hearing. "
Should conflicting wording or standards occur between these conditions of approval, any conflict
shall be resolved by the City Manager or designee.
GENERAL/PRELIMINARY
I. All of the terms, covenants and conditions contained herein shall be binding upon and
inure to the benefit of the heirs, successors, assigns and representatives of the Applicant
as to any or all of the Property.
2. The Applicant shall comply with all requirements and guidelines of the City of Chula
Vista Municipal Code; the Chula Vista Subdivision Manual; City of Chula Vista Multiple
Species Conservation Program (MSCP) Subarea Plan; City of Chula Vista Design and
Constmction Standards; the Development Storm Water Manual for Development &
Redevelopment Projects; the City of Chula Vista Grading Ordinance No. 1797; the State
of California Subdivision Map Act; the City of Chula Vista General Plan; the City's
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D......."" 1 ,,-f''1n
Growth Management Ordinance; Chula Vista Landscape Manual; Chula Vista Fire
Department's Policies and Procedures; Otay Ranch General Development Plan, Otay
Ranch Resource Management Plan, Phase 1 and Phase 2; Otay Ranch Wide Affordable
Housing Plan; Otay Ranch Overall Design Plan; and Tentative Maps (TMs) Final
Second-Tier Environmental Impact Report (Final ErR 07-01) and associated Mitigation
Monitoring and Reporting Program (MMRP); Otay Ranch Eastern Urban Center
Sectional Planning Area (SPA, PCM-99-07) Plan and supporting documents including:
Public Facilities Finance Plan (PFFP); Parks, Recreation, Open Space and Trails Plan;
SPA Affordable Housing Plan, Air Quality Improvement Plan (AQIP), Water
Conservation Plan (WCP); and the Non-Renewable Energy Conservation Plan.
3. If any of the terms, covenants or conditions contained herein shall fail to occur or if they
are, by their terms, to be implemented and maintained over time, if any of such
conditions fail to be so implemented and maintained according to their terms, the City
shall have the right to revoke or modify all approvals herein granted including issuance of
building permits, deny, or further condition the subsequent approvals that are derived
from the approvals herein granted, institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. The Applicant shall
be notified 60 days in advance prior to any of the above actions being taken by the City
and shall be given the opportunity to remedy any deficiencies identified by the City.
4. Prior to the approval of the first "A" Map for the Project, Applicant shall prepare and
submit, to the satisfaction of, and as deemed necessary by the Director of Development
Services, an updated Sectional Planning Area (SPA) Plan, and supporting regulating
documents including, but not limited to text, exhibits, and tables for the Eastern Urban
Center SPA Plan; Form Based Code (Planned Community District Regulations and
Village Design Plan); Public Facilities Finance Plan; Affordable Housing Plan, Air
Quality Improvement Plan; Water Conservation Plan; Non-Renewable Energy
Conservation Plan; Urban Parks, Recreation, Open Space and Trails Plan; and applicable
environmental documents.
5. Prior to approval of the first final map, the Applicant shall enter into an agreement with
the City whereby the Applicant agrees to provide funds to the Reserve Fund as required
by the Reserve Fund Program, pursuant to the Fiscal Impact of New Development
(F.I.N.D.) Model for the Otay Ranch Project, for the preparation of an annual report
monitoring the development of the community of Otay Ranch, pursuant to the provisions
of the Growth Management Ordinance and the Otay Ranch General Development Plan
(GDP).
ENVIRONMENTAL
6. Prior to approval of the first final map, the Applicant shall enter into an agreement with
the City whereby the Applicant agrees to implement, to the satisfaction of the Director of
Development Serviccs and Environmental Review Coordinator, all environmental impact
mitigation measures identified in Final EIR 07-01 (SCH# 2007041074), the candidate
CEQA Findings and MMRP for this Project.
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P~ap ") nf,)()
7. Prior to approval of the fIrst [mal map, the Applicant shall enter into an agreement with
the City whereby the Applicant agrees to that simultaneously with conveyance of land to
the Preserve Owner/Manager (POM) in fee title or by easement, the Applicant shall cease
all cattle grazing on the land to be conveyed. In addition, the Applicant shall ensure
through the maintenance of existing fencing or gating, if sufficient, or the construction of
new fencing or gating, if deemed necessary by the City, that cattle from 'adjacent areas
carmot access the land being conveyed. In addition, Applicant shall comply with the
requirements of the RMP, Phase Two, Range Management Plan to the satisfaction of the
Director of Development Services.
8. Prior to issuance of the first grading permit or any other grant of approval for any
landform modification, Applicant shall comply with all requirements of the Eastern
Urban Center SPA Plan Agricultural Plan.
9. Prior to approval of the first final map, the Applicant shall enter into an agreement with
the City whereby the Applicant agrees to convey fee title, or upon the consent of the
Preserve Owner/ Manager (POM) and any lien holder, an easement restricting use of the
land to those permitted by the Otay Ranch Resource Management Plan (RMP), to the
POM upon the recordation of each Final Map for an amount of land equal to the Final
Map's obligation to convey land to the Preserve. Where an easement is conveyed, the
Applicant agrees to provide subordination of any prior lien holders in order to ensure that
the POM has a first priority interest in such land. Where consent and subordination
cannot be obtained, the Applicant shall convey fee title. Where fee title or an easement is
conveyed, access to the satisfaction of the POM shall also be conveyed. Where an
easement is granted, each Final Map is subject to a condition that fee title shall be granted
upon demand by the POM. The Applicant further agrees to maintain and manage the
offered conveyance property consistent with Phase 1 and 2 RMP guidelines until such
time when the POM has accepted the conveyance property.
10. Prior to approval of the first "B" Map for the Project, at the request of the City Engineer,
Applicant shall take all necessary steps to include the Project area within Improvement
Area "A" of the Otay Ranch Preserve Maintenance District (CFD. No. 97-02).
11. Upon request of the Director of Development Services, Applicant shall execute a
maintenance agreement with the City for the Otay Ranch Preserve.
12. Prior to approval of the first final map, the Applicant shall enter into an agreement with
the City whereby the Applicant agrees to make a good-faith effort to coordinate
development and implementation of the Eastern Urban Center SPA Plan Area with all
other Applicants within Eastern Urban Center including phasing, grading, improvements
and dedication ofrights-of-way.
13. Prior to approval of the building pern1it for anv uses which are regulated for Toxic Air
Contaminant (TAC) emissions bv the San Diego Air Pollution Control District
(SDAPCD), the Applicant must demonstrate issuance of baildin;:; penaits for all
conunorcial and/or rotail usos, the ,^.pplicaat(s) <<ad/or business establishment o',mers
shall pro':ije "Tilton confinnation. to the satisfaction of the General Services Director,
that the use complies with established criteria (such as those established bv SDAPCD
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Rule 1200). they have complied with and obtained all applieablc air quality pemlits
subject to the San Diego ""'-ir Pollution Control District (SD/.PCD) n:les and regulations.
14. Given that restoration is occurring in the vicinity of the Salt Creek Sewer Lateral (SCSL)
Improvement Area, a minimum of seven days prior to initiation of grading or
construction for the SCSL project that affects or requires access to lands managed jointly
by the County of San Diego and the City ofChula Vista (APN 643-070-08,643-070-10,
644-080-11, and 644-080-15), the Applicant shall notify and coordinate with the County
Department of Parks and Recreation.
DESIGN
15. Prior to approval of the first final map, the Applicant shall enter into an agreement with
the City whereby the Applicant agrees to sflaH...install public facilities in accordance with
the Otay Ranch Eastern Urban Center Public Facilities Finance Plan (PFFP) as may be
ffifteflded ii.om timc to time or as required by the City Engineer to meet threshold
standards adopted by the City of Chula Vista in effect at the time of tentative map
approval. The City Engineer and Director of Development Services may at their
discretion, modify the sequence, schedule, alignment and design of improvement
construction should conditions change to warrant such a revision.
PUBLIC FACILITIES, UTILITIES, IMPROVEMENTS AND PHASING (Streets,
Transit, Sewer, Water, Drainage, Grading)
16. Prior to approval of the first final map, the Applicant shall enter into an agreement with
the City whereby the Applicant agrees not protest the formation of any future regional
benefit assessment district to finance the MTS San Diego Trolley, BRT System or other
transit system.
17. Prior to approval of each applicable final map, the Applicant shall dedicate to the City of
Chula Vista all rights-of-way for the BRT concurrent with the associated roadway
dedication for the respective final "BOO map consistent with the adopted Development
Agreement.
18. Prior to issuance of applicable construction permit, the Applicant shall secure the
construction of and installation of all conduits necessary to signalize each intersection
along the BRT alignment at the time each associated roadway is triggered by the PFFP.
19. Prior to issuance of any construction permits for construction of that portion of Bob
Pletcher Way located within the SR-125 right-of-way, and concurrent with that portion of
Bob Pletcher Way within the EUC, the Applicant shall obtain and provide evidence of all
bonds, in such form as may be required by the City, for said construction, as required by
the PFFP.
20. Developer shall agree, prior to the first final map for any area of the project, not to seek
any building permits until such time as all infrastructure to serve the building permits, in
accordance with the PFFP, has been constructed or sufficiently secured as determined by
the City Engineer.
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P"a~ 4 of?O
FIRE
21. Prior to recordation of the first final map, which includes the fire station site, the
Applicant shall provide an Irrevocable Offer of Dedication (IOD) to the City for a parcel
(Lot FS-l) for fire station facility purposes. The fire station parcel's net acreage and
Public Facilities Development Impact Fees (PFDIF) credit to be received by the applicant
is based on net useable fire station parcel acreage as determined by the Fire Chief and
Director Engineering. consistent with the Development Agreement.
22. Prior to issuance of any building permit for construction for the project, the Applicant
shall comply with fire station and emergency medical service requirements as outlined in
the PFFP. consistent with the Development Agreement.
23. Prior to approval of the first final map, the Applicant shall enter into an agreement with
the City whereby the Applicant agrees to and acknowledges that the Fire Marshal shall
have the sole discretion to grant exceptions to fire related requirements based upon
adequate alternative means and materials. Such alternatives may require third party
technical review at the project permit phase.
24. Prior to approval of the first final map, the Applicant shall enter into an agreement with
the City whereby the Applicant agrees to and acknowledges that subject to approval of
the City Council, in lieu of paying the required impact fee, the Applicant may satisfy the
fire station related requirements through a written agreement with the City by which the
applicant agrees to either pay the fee or build that facility in question, pursuant to the
terms of the agreement.
25. Prior to approval of the first final map, the Applicant shall enter into an agreement with
the City whereby the Applicant agrees to and acknowledges that the requirement to
construct a Fire Station to the satisfaction of the Fire Chief prior to the construction of
structures as described in the PFFP in no way obligates the City to construct a Fire
Station.
26. Prior to issuance of the first building permit, the Applicant(s) shall address the
requirements pertaining to Fire Protection and Emergency Medical Services, which
include fire station facilities, fire apparatus, equipment and the like, in accordance with
the approved Public Facilities Finance Plan (PFFP).
27. Prior to issuance of each building permit, Applicant shall pay Public Facility Fees
pursuant to the approved Development Agreement. at tho rate in effect at the time
buildinf:; pormits 01'0 issued.
28. Prior issuance of building permits, upon request of the Fire Marshall, the Applicant shall
install fire hydrants to the satisfaction of the Fire Department, based on factors including
but not limited to the location of improvements such as cul-de-sacs, alleys, driveways or
when special circumstances exist in a subdivision design.
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PaQe 5 of20
AFFORDABLE HOUSING
29. Prior to issuance of the 1400th market-rate dwelling unit building permit for the project,
Applicant shall enter into an agreement with the City to provide affordable housing units
as specific in the adopted EUC Comprehensive Affordable Housing Program (CAHP).
SCHOOL
30. Prior to the issuance of each building permit, the Applicant(s) shall provide the City with
evidence of certification by the CVESD that any fee, charge, dedication, or other
requirements levied by the school district has been complied with or that the district has
determined the fee, charge or other requirements does not apply to the construction.
31. Prior to approval of each final map for private development on Lots 26 and 27, the
Applicant shall provide evidence and proof of agreement from the Chula Vista
Elementary School'District that the site has not been determined by the district to be
needed for use as a school site.
32. Prior to approval of all final "B" maps, which includes a school site (S-I) for the Project,
Applicant shall:
a. Construct OOEI-or secure all necessary improvements for providing ingress and
egress to the school site. This requirement shall also include but is not limited to
any required modification to medians, storm drain system, street lights and
irrigation improvements; and,
b. If warranted and upon the request of the City Engineer, traffic signal
improvements for providing vehicular ingress and egress to the school site.
33. All or part of the obligations in Paragraphs 30, 31 and 32 above may be transferred to
another owner which acquires all or part ownership of the Project site. Should this occur,
written evidence of the new owner's assumption of the obligations shall be provided to
the City concurrent prior to or concurrent with closing of the sale of the property to the
new owner. If requested by the prior and new owner, City shall cooperate with the parties
to the sale in transferring any securities. associated with the transferred obligation
according to the City's customary procedures.
PEDESTRIAN BRIDGE
34. The Applicant shall provide a pedestrian bridge connecting Village Eleven to the
Eastern Urban Center crossing (east - west) over Eastlake Parkway just north of Hunte
Parkway, as follows:
a. Prior to the earlier of: (I) approval of the first final "B" map covering Parcel 27,
or (2) the 1,500th final mapped unit for the EUC, the Applicant shall provide
security for and identify the funding mechanism for one-half of the cost of
construction of said pedestrian bridge; and,
b. The bridge construction shall be completed prior to the issuance of the 2,500th
residential building permit in the EUC as determined by the City Engineer,
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consistent with the requirements ofEUC SPA Plan, Public Facilities Financing
Plan (PFFP), as may amended from time to time.
35. All proposals for the installation of underground utilities and private facilities that may
encroach into existing established tree root growth zones and or tree root growth zone
drainage facilities should be avoided to the extent possible, but if implemented, the
Applicant shall, prior to issuance of construction or building permits, include, on
applicable construction documents, alternatives for installing said utilities and private
facilities in a trencWess installation method in order to protect street trees and associated
drainage facilities, to the satisfaction of the Director of Public Works.
36. Prior to issuance of grading, construction, and building permits the Applicant shall
document on applicable plans compliance with the requirements pertaining to Best
Management Practices (BMPs). The Applicant shall develop and implement post-
construction Best Management Practices (BMPs) in accordance with the most recent
regulations at the time of grading and building permit issuance. In particular, applicants
are required to comply with the requirements of the National Pollutant Discharge
Elimination System (NPDES) Municipal Permit Order No. R9-2007-0001, and the City
of Chula Vista Development Storm Water Manual dated January 2008 and any
subsequent re-issuances thereof: however. compliance with later adopted NPDES
requirements are subiect to the process set forth in the DevelOpment Agreement for
exercise of the Citv's Reserved Authoritv." ,or any re issuances d:ereof. Applicant are
required to incorporate in the project design structural' on-site design features to address
Site Design and Treatment Control Best management Practices as well as Low Impact
Development requirements. Any of said requirements may be waived if the applicant
demonstrates, to the satisfaction of the Director of Citv Engineering, that regional
facilities exist to address such requirements. All requirements of this Paragraph 36 shall
be applicable to any and all successors in interest to Applicant.
37. Prior to issuance of building or construction permits involving proposed encroachments
into the public right-of-way, the Applicant shall obtain approval of an encroachment
permit from the Zoning Administrator and City Engineer. Should the City Engineer
identify any utility conflicts resulting from the proposed encroachment permit a City
Council approved Joint Use Agreement between property owner and the City will also be
required. Permanent encroachments of private structures, features, or furniture (i.e.,
underground parking structures, awnings, balconies, storm water detention facilities, etc.)
require appropriate permits and agreements to the satisfaction of the Director of Public
Works
38. Prior to issuance of construction permits involving sleeves for future sewer, water, and
storm drain laterals, the Applicant shall document on construction plans compliance with
the requirements to install sleeves where future sewer, water, and storm drain laterals are
not initially constructed, and or will cross under another trench. Said sleeve shall be
twice the diameter of said lateral.
39. Prior to issuance of construction permits involving manholes, c1eanouts and utility
access, the Applicant shall document on construction plans compliance with the
requirements to locate all manholes, c1eanouts, and utility access covers within the
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centers of travel lanes. If this becomes infeasible, then type M-4 locking manhole cover
and frames shall be provided.
40. Prior to issuance of construction permits involving, manholes, cleanouts and utility vaults
/ values the Applicant shall document compliance with the requirements to provide a
minimum separation of 15 feet between all manholes, cleanouts, and utility vaults /
values on construction plans. In circumstances where the IS-foot minimum is infeasible,
as determined by the Director of Public Works. Each structure not meeting the 15-foot
minimum requirement shall be installed with backfill surrounding the structure consisting
of a two-sack cement fly-ash sand slurry to finish subgrade.
41. Prior to issuance of construction permits involving trench walls, the Applicant shall
address the requirement for special backfill when adjacent trench walls are within five-
feet of each other, subject to the review and approval of the City Engineer. Special
backfill may include cement-fly-ash-sand slurry from the base of the bedding to an
elevation determined to be sufficient, by the City Engineer, to provide trench stability to
excavations.
42. Prior to issuance of construction permits for underground garage and utility structures,
the Applicant shall document on applicable plans, how during construction process
Applicant will provide for and assure safe and legally accessible pedestrian access at all
times during construction of underground garage and utility structures subject to the
approval of the City Engineering.
43. Prior to issuance of construction permits involving any sidewalk improvements, the
Applicant shall obtain approval from the Director of Public Works and City Engineer for
phasing and construction standards for all proposed sidewalk improvements (temporary,
intcrim, and pcrmanent.
44. Prior to issuance of the first construction permit, the Applicant shall identify and develop,
to the satisfaction of the Director Public Works and City Engineer, standards for
replacing and repairing any existing improvement or facility that is damaged as a result of
construction of private structures, particularly those within, and immediately adjacent to
the public right-of-way.
45. Prior to issuance of any construction permit involving any construction within public
right-of-ways that involves the use or installation of tie-back systems and or
abandonment of tie-back systems the Applicant shall include on applicable construction
documents provisions for the de-tensioning or rcmoval of said systems to the satisfaction
of the Director of Public Works and City Engineer.
46. Prior to approval of the first final "A" Map, the Applicant shall provide a Public Facilities
Maintenance Plan that defines all maintenance responsibilities for the entire project. A
CFD or other funding mechanism shall be set up for the following publicly maintained
facilities and or infrastructure:
a. Street furniture (including but not limited -to: bcnchcs. trash cans. bike racks and
bollards per the SPA Plan)
b. Fut~lre street rehabilitation (first treatment)
c. Waler features
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d. Street lightsf(thematic and ornamental)traffic si.;nal(Costs above City
Standard)/pedestrian lighting
e. Storm system maintenance
f. BMP's (Outside Traveled Roadway)
g. Detention Basins
g,h,.Street trees and tree wells/medians/parkways
Jr.i. Street sweeping
H. Public Art
.i:JLParks (Per the adopted Parks Agreement)
hI. Enhanced:
i. Fences
ii. Walls
iii. Paving,
i-r.Concrete walkways/sidewalks. and
",Raised intersections(CFD needs to include incremental increase in
maintenance costs)
47. Prior to issuance of construction permits involving sewer mains, the Applicant shall
demonstrate to the satisfaction of the City Engineer, on applicable construction plans,
compliance with the requirement to install PVC water pipe or a seamless/fusible piping
for all sewer mains which have less than standard horizontal spacing from other utilities.
as shown in Chula Vista Design Standards CVD-ST07. and/or are deeper than 15 feet
below finish grade of the streeUo redGce root infiltration and I & I to the satisfaction of
the Director of Public Works afld City Engiflcer.
LIBRARY
48. Prior to the issuance of each building permit for residential dwelling units, unless stated
otherwise in a development agreement, the Applicant shall pay the Public Facilities
Development Impact Fees for library facilities at the rate in effect at the time of building
permit issuance.
49. Prior to the approval of the final map containing Lot 7, the Applicant shall deliver a site
for the public library and associated library parking lot and / or condominium air space to
accommodate a library of approximately 30,000 square feet in a manner acceptable to the
Library Director.
50. Prior to approval of the first final map the Applicant shall enter into an agreement with
the City whereby the Applicant acknowledges that, subject to approval of the City
Council, in lieu of paying the required impact fee, the Applicant may satisfy that
requirement through a written agreement by which the Applicant agrees to either pay the
fee or build the facility in question, pursuant to the terms of the agreement.
51. Any proposal for development on Lot 7 which precedes the construction of the building
housing the Citv librarv shall include on the block build-out concept plan a building and
parking sufficient for the construction of a City librarv consistent with the EVC SPA
plan. the adopted Librarv Master Plan and any Librarv Deliverv Agreement which may
be in effect at the time of proiect submittal. Prior to issuance of a building pem1it for any
lot west of Street ",^." and north of the Civic Plaza within District 'I, the applimnt shall
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P~ap Q of ')()
obtain city approval of a library site master plan including provisions for library parking.
Should thc applicant pursuc constructiOEl of any p0l1ioEl of a building cOEltainint; the
required public library fadlity prior to the city's dcsired library cOElstruction timeframe or
prior to the requircd timcframe necessary to demonstrate compliance with the GMOC
threshold for libraries, the applicant shall at;ree to allow the city thc rigl:t to atilize and or
occupy said space in a manner to its choosing including non library purposes.
GRADING AND DRAINAGE
52. Prior to approval of each grading permit for the project, Applicant shall:
a. Prepare a maintenance program of all the proposed drainage and water quality
treatment facilities, the channel or basin, including but not limited to naturalized
channels down stream of the project, wetlands restoration areas, detention basins,
and water quality treatment facilities. The maintenance program shall include,
but not be limited to: a) a manual describing the operation and maintenance of the
drainage and water quality treatment facilities; b) an estimate of the cost of such
operation and maintenance activities; and c) a funding mechanism and schedule
for financing the maintenance program. Said maintenance program shall be
subject to approval by the City Engineer. The Applicant shall be responsible for
obtaining all required approvals of the maintenance program from all applicable
federal and state agencies.
b. Demonstrate compliance with Section 1803 of the California Building Code
(CBC).
c. Enter into an agreement with the City of Chula Vista, wherein Applicant agrees
to:
i) Provide for the maintenance of all proposed drainage and water quality
treatment facilities attributable to the project, and provide security,
satisfactory to the City Engineer, guaranteeing the performance of the
aforementioned maintenance and siltation removal obligations. This
obligation may be transferred to another property owner if approved by
the City. Treatment facilities including but not limited to naturalized
drainage channels, wetlands restoration areas as allowed by the resource
agencies, detention basins, and water quality treatment facilities shall be
maintained by the Applicant until occurrence of the latter of the following:
(a) maintenance of such facilities is assumed by the City, open space
district or Master Homeowner's Association, or; (b) the City determines
all erosion protection plantings are adequately established.
ii) Provide for the removal of siltation, attributable to t]:e Project, from all
proposed drainage and 'sater quality treatmont facilities, including b~lt noc
limited to nat~u'alized drainage chm:nels. wetlands restoration areas;-
detention basil13, and ',Yater qaality treatment facilities until the Project is'
completed Gild all 'erosion protection planting is adequately established as
detennined by the City Engineer.
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iii) Provide for the removal of any siltation resulting from all proposed
drainage and water quality treatment facilities, including but not limited to
the naturalized drainage channel, wetlands restoration areas as allowed by
the resource agencies, detention basins, and water quality treatment
facilities, attributable to the Project, for a minimum period of five years
after maintenance of such facility is accepted by the City or an appropriate
Maintenance District.
iv) Applicant shall provide security, satisfactory to the City Engineer,
guaranteeing the performance of the aforementioned maintenance and
siltation removal obligations.
53. Prior to installation of base paving and placement of curb and gutter form work related to
approved construction plans the Applicant shall demonstrate, to the City Engineer's
satisfaction, that higWy expansive fill soils (with an expansion index over 90) are not
within the upper five feet of any public right of way or public easement. Applicant shall
selectively grade fill soils with an expansion index above 90 within the upper five feet of
any public right of way or propose an alternate method to mitigate expansive soils. Said
alternate method shall be subject to the approval of the City Engineer prior to placement
of curb and gutter, sidewalk or aggregate base. Additionally, any formational materials
within three feet of sub grade shall be tested for expansion, and replaced with soil, which
has an expansion index ofless than 90.
SEWER
54. Prior to approval of the first final "B" Map, the Applicant shall enter into an agreement
with the City to contribute its fair share and shall thereafter participate according to the
terms of such agreement in any necessary funding for implementing a Poggi Canyon
sewer trunk-monitoring program, as determined by the City Engineer. The sewer trunk-
monitoring program shall include an analysis of the remaining capacity of the Poggi
Canyon/Date-Faivre sewer system. The analysis shall demonstrate to the satisfaction of
the City Engineer that sufficient capacity exists for the number of EDUs contained in all
Final Maps for the Project submitted to the City pursuant to the limits set forth in the
PFFP. The analysis shall include all flows from relating to the Project, including pumped
flows, entering the Poggi Canyon Trunk Sewer, not just from Eastern Urban Center, or
from within the Poggi Canyon gravity basin
55. Prior to approval of each final map, the Applicant shall enter into an agreement with the
City whereby the Applicant agrees and acknowledges that all development within the
Eastern Urban Center shall be consistent with the "Eastern Urban Center Technical
Sewer Study", prepared by PBS&J (January 2008). Furthermore the Applicant shall
agree that prior to design review approval and in accordance with the Intensity Transfer
provisions in the EUe SPA, the Applicant shall provide an updated Technical Sewer
Study with each proposed project requesting an intensity transfer. The Technical Sewer
Study shall demonstrate to the satisfaction of the City Engineer that adequate capacity
exists in the wastewater infrastructure to support the transfer.
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PARKS A.l'/D OPEN SPACE
56. Prior to approval of each [mal map, the Applicant shall satisfy the requirements of the
Parkland Dedication Ordinance (PDO) pursuant to Chula Vista Municipal Code Chapter
17.10. The ordinance establishes a requirement that the project provide three (3) acres of
local parks and related improvements per 1,000 residents. Local parks are comprised of
community parks and neighborhood parks. Overall park obligation shall be met as
provided for in the approved Development Agreement. through the payment of f~~s,
dedication of land, or a combination thereof il: a ma11lwr acceptable to the Director of
Development Ser.-ices and approved by the City C ounci!.
57. Prior to approval of the first final map, the Applicant shall, subject to City Council
approval, enter into a written agreement with the City identifying the Applicant's
parkland acreage dedication, park development improvements and in lieu fee obligations,
and the timing and method of satisfying those obligations. If the Applicant and the City
enter into such an agreement, the Applicant shall satisfy its parkland dedication,
improvement and in lieu fee obligations fullv pursuant to the terms of that agreement.
58. In the event that residential, hotel, motel or other development as described in CVMC
section 17.10.040 occurs within the EVC above and beyond 2,983 multi-family dwelling
units and that development results in additional parkland, park acquisition or in-lieu fee
obligations in accordance with the PLDO, Applicant, prior to approval of the final maps,
or for projects not requiring a final map, prior to building permit approval unless other
timing is provided for in a development agreement, for residential projects, shall satisfy
the additional obligations pursuant to CVMC Chapter 17.10 to the satisfaction of the
Director of Development Services.
59. Prior to appro'.-al of the final maps, or for prc>jeets not requiring a final map, prior to
b:lilding permit approval, for residential projects, the "^.pplicant(s) ::;hall dedicate parkland
and pay in lieu fees for the area covered by the final maps. /\.pplieant shall provide an
In-e'.-ocable Offcr of Dedication (IOD) to the City for park lots P I, P 2, P 'I, P 5, and P 6
to the satisfaction of the City En;incer.- The park net acreage and park parkland
Dedication Ordinance (PDO) credit to be received by the applicant is based on net
useable park acreage as determined by the Director of Recreation and City Engineer.
60.. Prior to approval of the first final map that contains the interim sewer segment (from the
diversion structure at Bob Pletcher Way to Eastlake Parkway), the Applicant shall enter
into an agreement with the City whereby the Applicant agrees to and acknowledges that
upon cessation of use of the interim sewer line segment that traverses the Civic Plaza
(Lot P-2) the Applicant shall be responsible for the abandoned and removal from services
of said interim sewer line segment. In anticipation of the eventual abandonment of said
interim sewer line, the Applicant shall post a bond to the satisfaction of the City Engineer
in an amount to secure the eventual abandonment of said sewer line.
61. Prior to the approval of the "B" Map containing the Town Square (Lot P-3), the
Applicant shall provide proof, to the satisfaction of the Director of Development
Services, that Lot P-3 will be privately owned, operated and maintained by a private
entity (Homeowners Association (HOA) or Business Owners Association (BOA)).
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62. Concurrent with the installation of underground utilities for any portion of the Project
adjacent to a park site or upon request of the Recreation Director, whichever occurs
earlier, the Applicant shall install underground utilities to the property line of each of the
Project's respective park sites (Lots P-l, P-2, P-3, P-4, P-5, and P-6) to the satisfaction of
the Director of Recreation and City Engineer.
63. Prior to the approval of the first "B" Map for the Project, Applicant shall have prepared,
submitted to and received approval from the Development Services Director of a
comprehensive Landscape Master Plan (LMP) for the Project consistent with the
requirements identified in the EUC SPA.
64. Prior to or concurrent with approval of the applicable fmal "B" Map, the Applicant shall
enter into a maintenance agreement and grant easements, which shall be subject to the
approval of the City, as necessary for landscaping and improvements maintained by a
Homeowners Association and or Business Owners Association within City right-of-way
or such other public areas required by the City.
TRAILS
65. Prior to approval of the first final map, the Applicant shall enter into an agreement with
the City whereby the Applicant agrees to construct the Regional Trail segment that
extends off-site easterly to connect with the pedestrian bridge over Eastlake Parkway to
Village 11 to the satisfaction of the Director of Development Services. When trails
extend to the property limits and are intended to continue into an adjacent property,
Applicant(s) agree(s) to coordinate alignments, trail and fencing materials and
construction methods so as to provide a seamless transition from one ownership to
another.
66. Prior to obtaining approval of improvement planes) containing the Project's greenbelt
trail, the Applicant shall prepare improvement plans that provide a minimum IS-foot
wide (lO-foot clear travel path) (concrete) treated in a decorative manner consist with the
EUC SPA Plan and subject to approval of the Director of Development Services. Where
down slopes (exceeding 4:1) occur adjacent to the trail, an additional 4-foot graded
shoulder shall be provided with split-rail fencing centered in the shoulder. Where up-
slopes occur adjacent to the trail a 2-foot shoulder (with a 2% maximum cross-slope)
shall be provided. Shoulders shall be planted and irrigated in accordance with the Chula
Vista Landscape Manual,. All trail construction materials shall be subject to the approval
of the City Engineer.
67. Prior to obtaining approval of improvement planes) containing any public sidewalk, trail,
or pathway segment or connection, the Applicant shall prepare construction documents,
to the satisfaction of the Director of Development Services, that identify appropriate
signage indicating location of trail connections, handicap access, and bikeway locations
to the Regional Trail, Village Pathway, and Chula Vista Greenbelt. Said signage shall be
included on the '.Vall and FcnccLandscape Master Plan. Signage shall be installed upon
the request of the Director of Development Services.
68. Prior to approval of first Final Map, the Applicant shall enter into an agreement with the
City whereby the Applicant agrees to comply with the current Regulatory Negotiation
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Committee Recommendations for Accessibility Guidelines: Outdoor Developed Areas
Final Report, as may be amended from time to time, developed for: U.S. Architectural
and Transportation Barriers Compliance Board when designing all trails and trail
connections.
OPEN SPACE/ASSESSMENTS
69. Prior to City acceptance of any open space lots, the Applicant shall demonstrate to the
satisfaction of the City Engineer, that the assessments/bonded indebtedness for all parcels
dedicated or granted in fee to the City have been paid or that no assessments exist on the
parcel(s).
70. Prior to approval of the fIrst "B" map for the Project, in the event Applicant wishes to
request the formation of a Maintenance District or similar funding mechanism, the
Applicant shall submit an application packet for formation of a Community Facilities
District (CFD), and submit the request for CFD formation to the City Council for
consideration. The CFD may be phased, if requested by applicant, and approved by the
Development Services Director. Subject to the approval of the Director of Public Works,
Applicant shall submit a list of amenities, acreage and costs for all Open Space District
lots including but not limited to the cost of any detention basin maintenance and
structural storm water quality BMP's within the Project. Applicant shall maintain the
open space improvements for a minimum period of one year or until such time as
accepted into the open space district by the Director of Public Works, whichever is
longer. If Council does not approve the maintenance CFD formation, another fInancing
mechanism such as a Master Homeowners Association, or an endowment shall be
established and submitted to the City Council for consideration prior to approval of the
fIrst fInal "B" Map and cOl1sist~nt with the development agreement. Along with
submission of the application package for formation of the CFD, Applicant shall submit
an initial cash deposit in an amount to be determined by the City Engineer to begin the
process of formation of the Open Space District. All costs of formation and other costs
associated with the processing of the open space rclating to this Project shall be borne by
the Applicant, but reimBursable from the first bond issaan~c. The Applicant shall
provide all the necessary information and materials (e.g., tables, diagrams, etc.) required
by the City Engineer for processing the formation of the proposed open space district.)
71. Prior to the approval of the fIrst final "B" Map, the Applicant shall submit evidence,
acceptable to the City Engineer and the Director of Development Services of the
formation of a Master Homeowner's Association (MHOA), or another fInancial
mechanism acceptable to the Development Services Director. The MHOA shall be
responsible for the maintenance of those landscaping improvements that are not to be
included in the CFD.
72. Prior to the approval of any fInal map that proposes any MHOA-maintaincd facilities
within the City's right-of-way, the Applicant shall enter into a Grant of Easements and
Maintenance Agreement with the City. Applicant shall acknowledge that the MHOA's
maintenance of public open space, trails, parkways, and like areas may expose the City to
liability. Applicant agrees to establish a MHOA that will hold the City harmless from
any actions of the MHOA in the maintenance of such areas.
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CC&Rs
73. Prior to the approval of the first "B" Map for the Project, the Applicant shall submit and
obtain approval of a Maintenance Responsibility Map from the Director of Development
Services. Said Maintenance Responsibility Map shall include delineation of private and
public property.
74. Prior to the approval of each Final "B" Map, a Declaration or Supplementary Declaration
of Covenants, Conditions, and Restrictions (CC&R's) shall be submitted and subject to
the approval of the City Engineer. The CC&R's shall include the following obligations
of the Master Homeowners Association:
a. A requirement that the MHOA shall maintain comprehensive general liability
insurance against liability incident to ownership or use of the following areas:
I. All open space lots that shall remain private,
11. Other Master Association property.
b. Before any revisions to provisions of the CC&R's that may particularly affect the
City can become effective, said revisions are subject to City approval. The MHOA
shall not seek approval from the City of said revisions without the prior consent of
100 percent of the holders of first mortgages or property owners within the MHOA.
c. The MHOA shall indemnifY and hold the City harmless from any claims, demands,
causes of action liability or loss related to or arising from the maintenance activities
of the MHOA.
d. The MHOA shall not seek to be released by the City from the maintenance
obligations described herein without the prior consent of the City and 100 percent of
the holders of first mortgages or property owners within the MHOA.
e. The MHOA is required to procure and maintain a policy of comprehensive general
liability insurance written on a per occurrence basis in an amount not less than one
million dollars combined single limit. The policy shall be acceptable to the City and
name the City as additionally insured to the satisfaction of the City Attorney.
f. The CC&R's shall incorporate restrictions for each lot adjoining open space lots
containing walls maintained by the open space district to ensure that the property
owners know that the walls may not be modified or supplemented nor may they
encroach on City property.
g. The CC&R's shall include provisions assuring maintenance of all streets, driveways,
drainage and sewage systems which are private.
h. The CC&R's shall include provisions assuring MHOA membership in an advance
notice such as the USA Dig Alert Service in perpetuity.
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1. The CC&R's shall include provisions that provide the City has the right but not the
obligation to enforce the CC&R provisions the same as any owner in the project.
J. The CC&R provisions setting forth restrictions in these Tentative map conditions
may not be revised at any time without prior written permission of the City.
k. The MHOA shall not dedicate or convey for public streets, land used for private
streets without approval of 100% of all the HOA members or holder of first
mortgages within the MHOA.
I. The CC&R's shall prohibit "speed bumps" on private streets. The CC&R's shall also
include language which states that any proposal by the HOA to allow "speed bumps"
in the future shall require prior written approval of 100% of all the Homeowners
Association members however. other tranlC calming measures mav be implemented
bv the Homeowners Association subiect to approval of the City Engineer.
75.Prior to approval of each Final Map, the "'\pplicant shall znter into an agreement "1th the
City '""hereby the Applicm:t agrees to notify future property owners during escrow, by [l
document to be initialed by the owners, of the maintenance responsibilities ofth2 MHO/.
and their estimated annual cost. Applicant shall submit the docamcnt and obtain tke
approval of thz City EnginGer and Director of Development Son'ices prior to distribation
thyou!;l: 2scrow.
+fr.75. Prior to approval of each Final Map, the Applicant shall enter into an agreement
with the City whereby the Applicant agrees to establish agreements with future
Homeowner Associations (HOAs) that require that an HOA shall be responsible for the
maintenance and operation of all facilities within the cornmon areas and streets behind
any gated entrances. The facilities to be maintained include, but are not limited to:
pavements, sidewalks, street trees, street lights including power supply, street sweeping,
private drainage facilities and landscaping of private cornmon areas.
+l-,76. Prior to approval of each Final Map, the Applicant shall enter into an agreement
with the City whereby the Applicant agrees to notify future property owners during
escrow, by a document to be initialed by the owners, of the maintenance responsibilities
of the MHO A and their estimated annual cost. Applicant shall submit the document and
obtain the approval of the City Engineer and Director of Development Services prior to
distribution through escrow, which approval shall not be unreasonably withheld.
+8c 77. Prior to the approval of each final map the Applicant shall enter into an agreement
with the City whereby the Applicant agrees to not protest formation or inclusion in a
maintenance district or zone for the maintenance of landscaped medians and scenic
corridors along streets within or adjacent to the subject subdivision.
WATER
Cf-9-,78. Prior to approval of each Final p,lapbuilding permit, Applicant shall present
verification to the City Engineer in the form of a letter from Otay Water District that
the subdivision will be provided adequate water service and long-term water storage
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facilities. The Applicant shall phase and install water system improvements as required
by the Otay Water District.
1W, 79. Prior to approval of the first Final Map for the Proj ect, the Applicant( s) shall
provide to the City a Subarea Master Plan (SAMP) for Eastern Urban Center for
potable and reclaimed water, as approved by Otay Water District (OWD). Applicant(s)
shall bond and construct for all on-site and off-site water facilities in accordance with
the SAMP. The SAMP shall be consistent with the SPA Plan.
EASEMENTS
&-h80. Applicant shall design landscape and irrigation plans such that street tree
placement is not in conflict with the visibility of any traffic signage. The Applicant
shall be responsible for the removal of any obstructions of said traffic signs to the
satisfaction of the City Engineer.
S2-,81. The Applicant shall notify the City at least 60 days prior to consideration by City
of the first Map for the Project which requires off-site right-of-wav. by City if any off-
site right-of-way cannot be obtained as required by the Conditions of Approval. (Only
off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map
Act are covered by this condition.) After said notification, the Applicant shall:
a. Pay the full cost of acquiring off-site right-of-way and/or easements required by
the Conditions of Approval of the tentative map.
b. Deposit with the City the estimated cost of acquiring said right-of-way and/or
easements. Said estimate shall be subject to approval by the City Engineer.
c. Have all easements and/or right-of-way documents and plats prepared and
appraisals complete which are necessary to commence condemnation proceedings
as determined by the City Attorney.
d. Request that the City use its powers of Eminent Domain to acquire right-of-way,
easements or licenses needed for off-site improvements or work related to the
Final Map. The Applicants shall pay all costs, both direct and indirect incurred in
said acquisition.
e. Comply with the applicable provisions of the development agreement pertaining
to off-site ri\!ht-of-wav acquisition.
AGREEMENTSIFINANCIAL
&h82. Applicant shall enter into a supplemental agreement with the City, prior to
approval of each Final Map for the Project, where the Applicant agrees to the
following:
a. That the City may withhold building permits for the Project in order to have the
Project comply with the Growth Management Program, or if anyone of the
following occur:
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i.Regional development threshold limits set by a Chula Vista transportation
phasing plan have been rcached.
1+.1. Traffic volumes, levels of service, public utilities and/or services
either exceed the existing adopted City threshold standards or fail to
comply with the then effective Growth Management Ordinance, and
Growth Management Program and any amendments therctoas tbey exist at
the time of proiect approval and subiect to the provisions of an adopted
development agreement. Public utilities shall include, but not be limited
to, air quality, drainage, sewer and water.
_11. The required public facilities, as identified in the PFFP or as
amended or otherwise conditioned have not been completed or constructed
to the satisfaction of the City. The Applicant may propose changes in the
timing and sequencing of development and the construction of
improvements affected. In such case, the PFFP may be amended as
approved by the Director of Development Services and the City Engineer.
The Applicant agrees that the City may withhold building permits for any
of the phases of development identified in the Public Facilities Financing
Plan (PFFP) for Otay Ranch Eastern Urban Center SPA if the required
public facilities, as identified in the PFFP or as amended by the Annual
Monitoring Program, have not been completed in compliance with the
development agreement. as applicable.
b. To defend, indemnify and hold hannless the City and its agents, officers and
employees, from any and all claims, action or proceeding against the City, or its
agents, officers or employees, to attack, set aside, void or annul any approval by
the City, including approval by its Planning Commission, City Councilor any
approval by its agents, officers, or employees with regard to the Eastern Urban
Center SPA, Second Tier EIR (EIR 07-01), subsequent environmental review for
the Project, any or all entitlements and approvals issued by the City in connection
with the Project, and tentative map or final map(s) pursuant to Section 66499.37
of the State Map Act provided the City promptly notifies the Applicant of any
claim, action or proceeding and on the further condition that the City fully
cooperates in the defense.
c. Permit all cable television companies franchised by the City of Chula Vista or by
the State of California for operation within the City equal opportunity to place
conduit and provide cable television service for each lot or unit within the
Tentative Map area. Applicant further agrees to grant, by license or easement,
and for the benefit of, and to be enforceable by, the City of Chula Vista,
conditional access to cable television conduit within the properties situated within
the Final Map to those cable television companies identified above, the condition
of such grant being that:
1. Such access is coordinated with Applicant's construction schedule so that
it does not delay or impede Applicant's construction schedule and does
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not require the trenches to be reopened to accommodate the placement of
such conduits; and
11. Any such cable company is and remains in compliance with, and promises
to remain in compliance with the terms and conditions of the franchise and
with all other rules, regulations, ordinances and procedures regulating and
affecting the operation of cable television companies as same may have
been, or may from time to time be, issued by the City of Chula Vista or
under applicable State law.
&4c83. Prior to approval of each Final Map for the Project, the Applicant shall contract
with the City's current street sweeping franchisee, or other server approved by the
Director of Public Works to provide street sweeping for each phase of development on
a frequency and level of service comparable to that provided for similar areas of the
City. The Applicant shall cause street sweeping to commence immediately after the
final residence, in each phase, is occupied and shall continue sweeping until such time
that the City has accepted the street or 60 days after the completion of all punch list
items, whichever is shorter. The Applicant further agrees to provide the City Special
Operations Manager with a copy of the memo requesting street sweeping service,
which memo shall include a map of areas to be swept and the date the sweeping will
begin.
~The Developer shall install Chula Vista Transit facilities. which mav include but not be
limited to benches and bus shelters. in accordance with the improvement plans
approved bv the Citv. Since transit service availabilitv mav not coincide with proiect
development. the Developer shall install said improvements when directed bv the City.
Each Developer. separatelv and individuallv. shall enter into (an) agreement(s) with the
Citv prior to approval of that Developers' first final "8" map to ensure funding of these
facilities. Said transit stops shall be designed in the maimer consistent with the transit
stop details and principles as described in the SPA Plan and Village Design Plan. and as
approved bv the Citv's Transit Coordinator and Director of Development Services.Prief
to approval of tl:e applicable final Ma.p for the Pro-j ect, ,^.pplicant shall construct and
secure, or agree to con~truct and SCCL:re, the constfl:ction of tra.nsit stop facilitizs as set
forth in the PfFP. The schedule for constructing the transit stops shnll be approved or
dctcrmin~d by the City EngiReer prior to approval of the aforementioned final ;>,'[ap.
Applicant shall desibn, subject to the approval of the City Engineer said transit stops it:
conjunction v.ith the improvement plans for the related street. The City Engineer may
r~quire that ,^,pplicant provide security guaranteeing the construction of said transit
stops in a form of cash or any other form approyed by the City Engineer at his/her sole
discretion. Since transit ser,ice a';ailability may not coincide ',liith pmject
devclopm3nt, the ,^.ppliEant shall install said improvements when directed by the City.
CODE REQUIREMENTS
u-,84.
Pay the following fees at the time of issuance of building permits, in accordance
with the City Code, Council Policy, unless other timing IS specified in a aOO
Development Agreement:
a. The Transportation and Public Facilities Development Impact Fees.
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b. Signal Participation Fees.
c. All applicable sewer fees, including but not limited to sewer connection fees.
d. Pedestrian Bridge (Condition 24)
e. Poggi Canyon or Salt Creek Sewer Basin DIF as applicable.
f. Fees adopted after approval of the Tentative Map in accordance with the
provisions of the Subdivision Map Act.
&+.85. Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments"
pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments.
Submit the disclosure form for approval by the City Engineer prior to Final Map approval.
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ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SECTIONAL PLANNING
AREA (SPA) PLANNED COMMUNITY DISTRICT (FORM
BASED CODE) REGULATIONS FOR OT A Y RANCH EASTERN
UREAL'! CENTER
WHEREAS, the property which is the subject matter of this ordinance is identified as Exhibit
"A" attached hereto and commonly known as Otay Ranch Eastern Urban Center ("Property"); and
WHEREAS, an application to consider anew Sectional Planning Area (SPA) Plan, including
Planned Community District Regulations !Design Plan (Form Based Code) for the Eastern Urban
Center was filed with the City ofChula Vista Development Services Department on April 14, 2006
by McMillin Otay Ranch, LLC ("Applicant"); and
WHEREAS, the Otay Ranch Eastern Urban Center Sectional Planning Area (SPA) Plan,
Planned Community District Regulations/Design Plan (Form Based Code)-("Project") are intended
to ensure that the Otay Ranch Eastern Urban Center SPA Plan is prepared in accordance with the
Otay Ranch General Development Plan (GDP), to implement the City of Chula Vista General Plan
for eastern Chula Vista, to promote the orderly planning and long term phased development of the
Otay Ranch GDP and to establish conditions which will enable the Otay Ranch Eastern Urban Center
to exist in harmony within the community; and
WHEREAS, the Otay Ranch Eastern Urban Center SPA Planned Community District
Regulations (Form Based Code) are established pursuant to Title 19 of the Chula Vista Municipal
Code, specifically Chapter 19.48 (PC) Planned Community Zone, and are applicable to the Otay
Ranch Eastern Urban Center SPA Land Use Plan; and
WHEREAS, the Otay Ranch Eastern Urban Center SPA Planned Community District
Regulations (Form Based Code) establishes development regulations applicable to the Gateway
Mixed Use Commercial District, Neighborhood Residential Districts, Business District, Main Street
District, and the Eastern Gateway District located in the Otay Ranch Eastern Urban Center; and
WHEREAS, the Project relied in part on the original Otay Ranch General Development
Plan Program Environmental Impact Report 90-01, and the Otay Ranch Eastern Urban Center
SP A Plan Final Second-Tier Environmental Impact Report ("EIR 07-01") (SCH#200704l074),
the candidate CEQA Findings and Mitigation Monitoring and Reporting Program; and
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WHEREAS, the Planning Commission set the time and place for a hearing on said Otay
Ranch Eastern Urban Center Sectional Planning Area (SP A) Plan (PCM-06-08) and notice of said
hearing, together with its purpose, was given by its publication in a newspaper of general circulation
in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project
site at least ten days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.
August 26, 2009 in the Council Chambers located in the Administration Building, 276 Fourth
Avenue, and the Planning Commission voted 6-0-0-1 to approve Planning Commission Resolution
PCM-06-08 recommending to the City Council approval of the Planned Community District
regulations (Form Based Code); and
WHEREAS, a duly noticed public hearing was scheduled before the City Council of the City
of Chula Vista on the Otay Ranch Eastern Urban Center SPA Plan and adopting the ordinance to
approve the SPA Planned Community District Regulations for Otay Ranch Eastern Urban Center.
NOW, THEREFORE, THE CITY COUNCIL ofthe City ofChula Vista does hereby order
and ordain as follows;
1. PLANNING COM1\1ISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
hearing held on August 26, 2009 and the minutes and resolutions resulting therefrom, are
hereby incorporated into the record of this proceeding. These documents, along with any
documents submitted to the decision makers, shall comprise the entire record of the
proceedings for any California Environmental Quality Act (CEQA) claims.
II. COMPLIANCE WITH CEQA
The City Council hereby finds that the Project, as described and analyzed in the Second-Tier
Final EIR 07-01, would have no new effects that were not examined in said Final EIR
(Guideline 15168 (c)(2))
III. ACTION
The City Council hereby adopts an Ordinance to the Otay Ranch Eastern Urban Center SPA
Planned Community District Regulations (Form Based Code), fmding that they are consistent
with the City ofChula Vista General Plan, the Otay Ranch General Development Plan and all
other applicable Plans, and that the public necessity, convenience, general welfare and good
planning and zoning practice support their approval and implementation.
IV. EFFECTIVE DATE
This Ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
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Presented by
Approved as to form by
~d~~ -)
, "- .-_.. , I
L., " (J~\\\ ~U{/
~a;:t MieyKi
Cl'ty Attorney
Gary Halbert, AICP , PE
Deputy City Manager
Development Services Director
J:\Planning\Otayranch\Eastcrn Urban Center SP A\2DOS SPA~PCM 99.07\Public Hearings- Workshops\City Council Hearing Package
2009\CC Ordinance adopting FBC for EVC Final .rtf
15-74
EXHIBIT A
Legal Description of McMillin Property
With Map of All of EVe
REAL PROPERTY IN THE CITY OF CHULA VISTA, STATE OF CALIFORNIA, DESCRlBED AS
FOLLOWS:
PARCEL 3 OF PARCEL MAP NO. 18481, fN THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED fN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, MAY 31, 2000, AS fNSTRUMENT NO. 2000-283684 OF OFFICIAL RECORDS.
EXCEPTfNG THEREFROM THE LAND DESCRlBED fN THAT CERTAfN IRREVOCABLE OFFER
OF DEDICA nON OF FEE fNTEREST RECORDED MAY 22, 2003, AS fNSTRUMENT NO. 2003-
0604602, AND ACCEPTED BY THAT CERTAfN ACCEPTANCE OF IRREVOCABLE OFFER OF
DEDICATION OF FEE fNTEREST RECORDED MA Y 22, 2003, AS fNSTRUMENT NO. 2003-
0604603, AND CONVEYED TO THE STATE OF CALIFORNIA BY GRANT DEED RECORDED
MAY 22, 2003, AS fNSTRUMENT NO. 2003-0604607, ALL OF OFFICIAL RECORDS OF SAN
DIEGO COUNTY, CALIFORNIA.
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15-75
CITY COUNCIL
AGENDA STATEMENT
~!r~ CITYOF
. 1> ~ (HULA VISTA
SEPTEMBER 15, 2009, Item~
ITEM TITLE:
PUBLIC HEARING: Consideration of a Development
Agreement between the City of Chula Vista and McMillin Otay
Ranch LLC for McMillin's portion of the Eastern Urban Center
within the Otay Ranch community.
SUBMITTED BY:
ORDINANCE: Ordinance of the City Council of the City of
Chula Vista adopting a Development Agreement between the
City of Chula Vista and McMillin Otay Ranch LLC for
McMillin's portion of the Eastern Urban Center
giic~Y~~,Y ~GERlDEVELOPMENT SERVICES
CITY MANAGE, .
4/5THS VOTE: YES D NO 0
REVIEWED BY:
SUMMARY
In conjunction with consideration of its application for a SPA Plan and Tentative Map the
Applicant is also proposing a Development Agreement for its portion of the Eastern Urban
Center (EUC) project. The proposed Development Agreement provides greater certainty in the
development of the project to the Applicant and provides additional benefits to the City that
would otherwise not be realized. These benefits to both parties and the terms of the agreement
are outlined below. The approval of the Development Agreement is integral to being able to
finance and develop the project as it is identified in the SPA Plan.
ENVIRONMENTAL REVIEW
The City's Environmental Review Coordinator (ERC) has reviewed the Project and determined
that the Project would result in a significant impact to the environment; therefore, a Second-Tier
Environmental Impact Report (EIR-07-01) has been prepared. Prior to action on the
Development Agreement, the City Council will consider certification of the Final Second Tier
Environmental Impact Report (EIR 07-01) for the Otay Ranch Eastern Urban Center SPA Plan,
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SEPTEMBER 15, 2009, Item~
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Tentative Map and related items. The ERC has further determined that adoption of the ordinance
adopting the Development Agreement would have no new effects that were not examined in EIR
07-01. While heard concurrently, the City Council's consideration and decision on the EIR must
precede any action on the other EUC applications.
CHULA VISTA GENERAL PLAN/GENERAL OTAY RANCH DEVELOPMENT PLAN
CONSISTENCY
The Development Agreement implements the General Plan and GDP by providing a
comprehensive program to implement the SPA Plan and Tentative Map. Those plans provide
urban design plans incorporating a mixture of land uses connected by a grid system of public
streets and pedestrian paths, urban parks and plazas, outdoor dining, public buildings, and
commercial activities designed to promote a safe pedestrian environment. The EUC site
utilization plan, including the density, non-residential square footage, height, and number of
residential units, is consistent with the General Plan and GDP. The Development Agreement
that is described herein ties the implementation of all of these features together. Accordingly,
staff has determined that the Development Agreement is consistent with the ChuJa Vista General
Plan and the Otay Ranch General Development Plan.
RECOMMENDATION: That the City Council,
Hold the public hearing and place the Ordinance on first reading.
BOARDS/COMMISSION RECOMMENDATION
The Planning Commission met on August 26, 2009 and voted 6-0-0-1 to recommend Council
approval of the Development Agreement for the Eastern Urban Center.
DISCUSSION
State and Citv Requirements for Development Agreements
California Government Code sections 65864 through 65868.5 authorize cities to enter into a
development agreement with any person having a legal or equitable interest in real property for
the development of the property. A development agreement is a contract negotiated between the
project proponent and the public agency that governs the land uses that may be allowed in a
particular project and vests, subject to certain conditions in the agreement, the rights of the
project applicant to develop the property under current land use regulations for a specified term.
Through City Resolution No. 11933 (adopted in 1985), the City Council has determined that
development of large projects within the City create unique and complex development
considerations and that, in addition to the minimum requirements for development agreements
contained in the Government Code, additional procedures and requirements for the consideration
of development agreements shall be contained within each individual agreement. The
Development Agreement presented here includes the minimum requirements for development
agreements contained in the Government Code, as well as additional procedures and
requirements designed to address the unique and complex development considerations presented
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SEPTEMBER 15, 2009, Item t b
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by the Project.
The City put together a review/negotiating team consisting of the Deputy City Manager/Director
of Development Services, the Finance Director, a representative of the City Attorney's Office
and the Principal Planner assigned to the Otay Ranch. The applicant was represented by legal
counsel as well.
The following discussion focuses on the benefits of the Development Agreement to both the City
and the Applicant, and a description of the fundamental terms ofthe Agreement.
Benefits to the City
Beyond the basic benefits of developing a project of the magnitude of the EVC, that include the
development of necessary infrastructure, creating a synergy with a possible university, and
enhancement of the City's image as a leader in sustainable community building, the City will
receive the following benefits from entering into this Development Agreement:
. The creation of an urban employment center which will add new local jobs. Studies by both
the City and the Applicant estimate that the completed Project will generate nearly 10,000
jobs, many of which will be higher-quality office employment opportunities.
. Long-term increase in tax revenues, over and above the cost of providing municipal services,
which are anticipated from the project. Once completed, the Financial Impact Analysis
prepared by the City estimates that the EVC would provide net revenues of approximately $5
million annually from a diversified tax base.
. Interim funding for Fire Department operating deficits. While the long-term projections for
this project estimate positive net revenues for the City at buildout, once a fire station is
triggered, fire operating costs are substantial. The developer will provide interim funding for
the operation and maintenance costs of the EVC Fire Station until the sooner of the following
occur: (1) the total property tax revenues from the project cover the property's fair share
portion of the fire stations' operating costs (estimated at 25%); or (2) a fiscal analysis
determines that total revenues generated by the project exceed the City's operating costs for
two (2) successive fiscal years (Attachment 1, Exhibit E, Paragraph 9).
· Provision of interim funding for other city operating cost deficits. While the long term
projections for this project estimate positive net revenues for the City at buildout, the
applicant is proposing an interim funding mechanism to negate possible operational deficits
in the early years of the project. Two years after the first occupancy, a fiscal model will be
run by the City, and then annually at the end of each fiscal year. If the model identifies a
deficit, the Master Developer will pay the City the difference between the City's service
costs for the EUC and the total revenues generated by the project. These fiscal model runs
will continue until the study identifies a net surplus for two (2) successive fiscal years, or the
Master Developer has met its maximum obligation of $500,000 (Attachment 1, Section 4.5).
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SEPTEMBER 15, 2009, Item If::,
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Benefits to the Applicant
. Predictability in the development approval process by vesting the permitted uses, density,
intensity of use, and timing and phasing of development consistent with the EUC SPA Plan
for up to twenty (20) years.
. Use of the City's Development Impact Fee Deferral Policy for the life of the Development
Agreement (up to 20 years). Pursuant to the Development Impact Fee Deferral Policy, the
Master Developer may defer the payment of Development Impact Fees until the request for
final inspection upon satisfaction of specified conditions (Attachment 1, Section 2.7).
. Expanded use of Community Facilities Districts (CFD).
Terms of Agreement
The agreement contains the following major points:
. The term of the Agreement is twenty (20) years (Attachment 1, Section 7.2).
. While this agreement is in effect, the Master Developer and Merchant Builders shall have the
vested right to develop the property pursuant to the Sectional Planning Area (SPA) Plan,
Tentative Map, Parks Agreement and Development Agreement (Attachment 1, Section 2).
This agreement vests permitted uses, intensity, height and size of buildings and reservations
of dedications of land.
. As described above this agreement allows for the continuation of the City's Development
Impact Fee Deferral program, which allows for the payment of development impact fees
upon request for final inspection rather than at issuance of building permits (Attachment 1,
Section 2.7).
. The agreement may be amended from time to time by the mutual written consent of the City
and Master Developer and the Owner of any affected portion of the property (Attachment 1,
Section 2.12).
. Master Developer will encourage the establishment of uses, including medical, professional,
financial and green-tech employers that are beneficial, or are synergistic with, a proposed
university in the Otay Ranch (Attachment I, Section 4.4)
. The City shall accept and process with reasonable promptness all completed applications for
subsequent approvals (Attachment 1, Section 5.1).
. Master Developer may, at its option, submit a written request on the City's standard
application form to City requesting that the City establish a Community Facilities District to
finance the acquisition and construction of public facilities in accordance with the Financing
Plan and the Goals and Policies (Attachment 1, Section 5.3).
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SEPTEMBER 15, 2009, Item-LL
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. Master Developer shall be reimbursed for certain facilities (Attachment 1, Section 5.9).
. Development Agreement remains linked to the property if Master Developer sells or transfers
ownership (Attachment 1, Section 10.2).
. Owners are required to demonstrate good faith compliance with the terms of the agreement
no later than each twelve-month anniversary of the effective date of the agreement.
. Costs for the fire station will be split evenly between the Master Developer and the City
when development of the fire station is triggered as detailed in the Public Facilities and
Financing Plan. Should the City not be able to identify the source of its share, fire service
requirements shall be satisfied by the applicant through an increase in staffing and
equipment, and improvements associated with that increased staff at existing Fire Station 7 in
Village Two (Attachment 1, Exhibit "E").
DECISION-MAKER CONFLICTS:
Staffhas reviewed the property holdings of the City Council members and has found no property
holdings within 500 feet of the boundaries of the property, which is subject to this action.
CONCLUSION:
The proposed agreement is consistent with Government Code and adopted city policies. The
agreement offers benefits to both the City and the Applicant. Staff recommends the City Council
adopt an ordinance approving the Eastern Urban Center Development Agreement.
CURRENT YEAR FISCAL IMPACT:
The City will be reimbursed by the developer for all costs incurred in the processing of the
Development Agreement, resulting in no impact in the current fiscal year.
ONGOING FISCAL IMPACT:
The ongoing fiscal impact to the City will vary depending on the actual revenues generated by
the project and the actual cost of providing services to the project. The revenues generated by
the project will be impacted by the project phasing schedule, product absorption, and general
economic conditions. Cost incurred by the City will be impacted by staffing and service levels
.provided by the City.
FISCAL/ECONOMIC Ai'lAL YSIS
The City retained Economics Research Associates (ERA) to conduct a fiscal analysis of the
proposed development and quantify any anticipated impacts to the City's General Fund. These
impacts are projected by comparing estimated revenues to be generated by the project with the
anticipated cost of providing City services to the project. The projected City operation and
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SEPTEMBER 15, 2009, ItemJL
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maintenance costs included in the analysis are based upon a proportional cost of citywide service
costs. Projected budgetary impacts to the City resulting from providing services to the EUC
project are discussed in the 'Budgetary Impacts' section to follow.
The fiscal analysis is based upon an assumed development program and projected market
absorption schedule. The development program outlines approximately 2 million square feet of
office, 980,000 square feet of retail, two 250-room hotels, and approximately 3,000 medium to
high density residential units. The absorption schedule is expected to extend for a 22 year period
and has been based upon the EUC traffic plan. This fiscal analysis is the basis for all fisc~l
assumptions in the Development Agreement. The Development Agreement allows for the
developer to modify the development phasing schedule to respond to market conditions. It
should be noted than any such adjustments are likely to impact the short term fiscal impacts to
the City.
Operating Deficit Funds
The Development Agreement calls for the developer to reimburse the City for operating deficits
(negative General Fund impacts) resulting from the project. Such a deficit may be the result of
changes to the development phasing schedule or various economic and market conditions. The
amount to be provided by the developer to the City to offset the negative impacts resulting from
the project is limited in the Development Agreement to a total of$500,000.
Per the Development Agreement, the payment of operating deficit funds by the developer to the
City will be based upon an annual review of the project's fiscal impact to the City. The first
analysis of the project's impact will take place two years after first occupancy within the
property. At that time, the analysis will look back and consider all impacts to the City occurring
from year one of the project. The annual reviews will continue until either (I) the $500,000
maximum obligation is met or (2) the fiscal study identifies a net positive impact to the City for
two successive fiscal years. The developer will reimburse the City for all costs incurred in the
preparation of the analyses.
To follow is a brief summary of fiscal analyses prepared by ERA, based upon two project
phasing scenarios. The scenarios analyzed reflect:
1. Construction of the first hotel in year one of the project; and
2. Construction ofthe first hotel in year five ofthe project.
The developer has indicated that the most likely project phasing scenario is somewhere between
these two scenarios (construction of the first hotel between year one and year five of the project).
However, should the construction of the first hotel be deferred beyond five years, the project will
generate a negative fiscal impact to the City beginning in year five and continuing until
construction ofthe first hotel.
Scenario 1
The estimated net fiscal impact to the City resulting from the EVe project is calculated by
comparing the projected revenues to be generated by the project with the proportional cost of
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SEPTEMBER IS, 2009, Item /6
Page 7 of 12
providing public services to the project. The projected budgetary impact is discussed in greater
detail in the following 'Budgetary Impacts' section.
The first analysis assumes the construction of the first 2S0-room hotel in year one of the project.
In this scenario, the project is anticipated to generate a positive impact to the City in the first year
of approximately $289,SOO. The positive net impact to the City will increase each year
thereafter, rising to an annual positive impact of $4.9 million in year 22 of the project. The
ongoing annual net impact after full absorption of the project is anticipated to hover near the $4.9
million estimated in year 22. The projected net fiscal impact to the City in this scenario is
detailed below.
ERA Fiscal Model Overview - Hotel Development Yr 1
(in Thousands OOOs)
~41;'~~~T;\~~~Wmtf~~~~~~~'V~"Th;,~'~
Revenues 637.2 1,500.7 1,896.5 2,066.8 2,276.3 2,490.9 3,717.9 7,533.9 9,525.3 10,734.1
Expenses 347.7 737.6 972.4 1,210.3 1,450.3 1,692.4 2,365.9 4,710.5 5,351.4 5,778.7
Net FiscalImpact 289.5 763.1 924.1 856.5 826.0 798.5 1,352.0 2,823.4 4,173.9 4,955.4
Scenario 2
The second analysis prepared by the consultant assumes the deferral of the first hotel to the fifth
year of the project. This scenario is estimated to result in a cumulative negative fiscal impact to
the City of approximately $SOO,OOO, incurred from year one through year four. This shortfall
would trigger the payment of the operating deficit funds described above. This scenario is
considered the most likely to occur. The projected net fiscal impact to the City, assuming
construction ofthe hotel in year five and the application of the operating deficit funds, is detailed
below.
ERA Fiscal Model Overview - Hotel Development Yr 5
(in Thousands OOOs)
Wft~&:!"",*~I!1ilB~jS:f!!l'Jilll~~\'Jll,3'~~~~~~!'~i~~_,\'a~
Revenues 142.2 659.1 906.4 1,076.7 1,781.2 2,490.9 3,717.9 7,533.9 9,525.3 10,734.1
Expenses 347.7 737.6 972.4 1,210.3 1,450.3 1,692.4 2,365.9 4,710.5 5,351.4 5,778.7
Operating Deficit (205.5) (78.5) (66.0) (133.6)
Deficit Funding* 205.5 78.5 66.0 133.6
Net Fiscal Impact 330.9 798.5 1,352.0 2,823.4 4,173.9 4,955.4
*Developer to reimburse City for operating deficits up to $500,000.
BUDGETARY IMPACTS
The fiscal impact model prepared by ERA considers the proportional cost of providing public
services to the project. For both the provision of fire and library services, the actual cost to the
City of providing services will exceed the project's proportional cost. In these instances, the
actual cost to the City will be the marginal cost of operating a new facility. To follow is a
discussion of the projected budgetary impacts of providing services to the project.
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SEPTEMBER 15, 2009, Item /6
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Fire Facilitv
The anticipated annual operating and maintenance cost of the EUC Fire Station is approximately
$4.1 million (based on current salaries and benefits, adjusted for contractually obligated cost of
living increases). The Development Agreement commits the developer to provide interim
funding for the operation and maintenance costs of the EUe Fire Station. This commitment is
separate from, and in addition to, the operating deficit funds previously discussed. The interim
fire station funding will continue until the revenues generated by the project are sufficient to
offset the cost of providing fire services to the project.
The annual amount of interim fire station funding will be based upon the actual revenues
generated by the project and the project's fair share of fire station costs, not to exceed 25% of the
station's total operating and maintenance costs. The City will be obligated to provide the
remaining 75% of operating and maintenance costs for the fire station. Applying the 25% cap to
the projected $4.1 million annual operating and maintenance cost for the station, the maximum
amount of interim fire station funding to be provided by McMillin annually is approximately $1
million. This estimate does not account for future changes in personnel costs or staffing models.
The actual interim fire station funding provided will be based upon the capped expenditures less
actual revenues generated by the project. The total interim fire station funding commitment by
McMillin is capped at $1.75 million.
As described above, the project's fair share of the operating and maintenance costs of the EUC
fire station is capped at 25%, leaving the City responsible for the remaining 75%. Based upon
the estimated $4.1 million annual operating and maintenance budget, this equates to an annual
General Fund obligation of approximately $3.1 million for the fire station. At buildout, this
obligation will be funded by other developments served by the station. Until those developments
come online and begin generating revenues to the City, the operation of the facility will result in
a negative General Fund impact.
If the expansion of services at Fire Station 7 occurs, the same interim fire station funding
obligation would be in effect.
Library Facilitv
All costs associated with the maintenance and operations of the library of the facility will be an
additional budgetary impact to the City. Actual General Fund impacts will vary depending on
the level of services provided at the facility.
Because the library facility will be located in a larger building to be constructed by the
developer, there is the potential of facility construction occurring in advance of the planned
operation of the facility. If this occurs, the library facility may remain empty until the City can
absorb the additional costs of operating and maintaining the facility.
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SEPTEMBER 15,2009, Item /0
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Park and Recreation Facilities
All costs associated with the maintenance and operations of the park and recreation facilities in
the proj ect will be an additional budgetary expense to the City.
The urban parks planned for the project area are anticipated to incur greater than average
maintenance costs per acre. As a result, the City and McMillin will split equally (50/50) the
annual cost of maintaining all public parks in the project area. This cost sharing is intended to
offset the additional maintenance costs resulting from the increased amenitization of the
facilities.
McMillin will be responsible for maintenance of private parks within their portion of the project
area.
CAPITAL PROJECTS
The project will include a fire station, a library, and park & recreation facilities.
Fire Facilitv
Per the Development Agreement, funding for the construction and equipping of the fire station
will be evenly split between the City and the developer. If the City is unable to provide its
portion of the project funding, the project's fire service requirements may be met by either (1)
the interim expansion of services at Fire Station 7 or (2) the full funding of EUC Fire Station
construction costs by the developer.
The EUC Fire Station is a Public Facilities Development Impact Fee (PFDIF) facility. The fee
program would provide construction funding for the project, not the General Fund. Based upon
current cash flow projections for the PFDIF, sufficient funds to provide up front construction
funding are not anticipated. This will result in either the developer providing full construction
funding or the interim expansion of services at Fire Station 7. The expansion of services at Fire
Station 7 requires the addition of one fire engine, including staffing and equipment. No
construction costs would be incurred.
To the extent that the developer expends funds to construct the EUC Fire Station or expand
services at Fire Station 7, they may be eligible for PFDIF credit against the project's overall
obligation, or reimbursement from the PFDIF program. The PFDIF program does not currently
include costs associated with expansion of services at Fire Station 7. In order to avoid additional
costs to the PFDIF program, any equipment to be provided to expand services at Fire Station 7
must be the same equipment that would have otherwise been acquired for the EUC Fire Station.
When the EUC Fire Station is constructed, this equipment would then be transferred to the new
facility. If the equipment is not transferred to the EUC, and the City authorizes either PFDIF
credit or cash reimbursement, the PFDIF program must be revised to include this additional cost.
This would increase the PFDIF fee.
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SEPTEMBER 15, 2009, Item~
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The Development Agreement states that the developer will be eligible for PFDIF credit for fire
station land acquisition. These costs are not currently included in the fee, and the program will
have to be revised to include this additional cost before credit can be awarded to the developer.
This would increase the PFDIF fee.
Library Facility
The library is also a PFDIF facility. Per the Development Agreement, the facility will be part of
a larger building, to be constructed by the developer. The developer will be eligible for either
credit against their PFDIF obligation or reimbursement from the PFDIF program. The specific
funding mechanism for the construction of the facility will be determined in the future, based
upon availability ofPFDIF funds and other program obligations.
Park and Recreation Facilities
The developer will provide 12.88 acres of urban parks and 2.75 acres of urban recreational
facilities, including improvements. In addition, the developer will provide in-lieu Parkland
Acquisition and Development (pAD) fees equivalent to 7.73 acres. Of the in-lieu fees to be
provided by the developer, the equivalent of 5.88 acres will be applied to the construction of the
urban parks and urban recreational facilities. The remaining 1.85 acre equivalency will be paid
in cash to the City.
PFDIF Proiect Prioritization and Phasing
All permits issued in the EUC will be subject to the City's PFDIF program. There are two
PFDIF facilities located within the Eue project area, a fire station and a library. To the extent
that the developer constructs and/or equips these facilities in accordance with the PFDIF
program, they will be eligible for either a credit against their PFDIF fee obligation or a cash
reimbursement from the PFDIF fund. In addition, the developer is eligible to defer the payment
of PFDIF fees to final inspection instead of paying at building permit, as would be required by
the PFDIF ordinance.
The application ofPFDIF credits to building permits, or the deferral ofPFDIF fees due, reduces
the number of fee paying permits, thereby reducing program revenues. As a result of this
reduction in revenues, the application of PFDIF credits and fee deferrals directly impacts the
PFDIF program's ability to meet existing debt obligations and phasing of other planned
construction proj ects.
The PFDIF program currently has an external debt obligation of approximately $5 million
annually. In addition to the external debt obligation, the PFDIF program must also repay the
Transportation Development Impact Fee (TDIF) program for interfund loans authorized in fiscal
years 2008-09 and 2009-10. The repayment of these loans over a 10 year period will add
approximately $1.4 million to the annual debt obligation of the PFDIF. In order to meet these
existing obligations, approximately 700 fee paying residential units must be issued annually.
Any reduction in fee paying permits impacts the PFDIF program's ability to meet its debt
obligation. If the PFDIF is unable to meet its external debt obligations, the General Fund is then
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SEPTEMBER 15, 2009, Item~
Page 11 of12
required to meet the obligations. If the PFDIF is unable to meet its internal debt obligations, it
may be necessary for the General Fund to absorb this debt and repay the TDIF.
The next priority of the PFDIF program after the repayment of debt is the construction of new
facilities. The current PFDIF program includes five future facilities. The construction of these
facilities has been prioritized as follows:
1. Rancho del Rey Library
2. EUC Fire Station
3. EUC Library
4. / 5. Otay Ranch Village 4 Recreation Facility and Aquatic Facility
As with the debt obligation, any reduction in the number of fee paying permits may impact the
PFDIF program's ability to construct new facilities. In order to ensure sufficient funds are
available to construct the Rancho del Rey Library it will be necessary to closely monitor the
construction of PFDIF credit eligible facilities, including the EUC fire station and library. If
sufficient funds are not available to meet existing program commitments and priorities, it may be
necessary to postpone the construction ofthese facilities.
It will be necessary to balance the need to provide fire services to the project with the cash flow
of the PFDIF program. If the PFDIF is unable to absorb the application of fee credits resulting
from the construction of the EUC fire station, but the need to expand fire services has been
triggered by the project, the expansion of services at Fire Station 7 may be the best solution. The
only capital outlay associated with this scenario would be for the acquisition of a fire engine.
The actual construction of the new fire station would then be deferred until the PFDIF program is
able to absorb the construction without impacting the program's ability to meet debt obligations
or to construct the Rancho del Rey Library.
SPECIAL FINANCING DISTRICT
The City has historically allowed the formation of special financing districts, such as Community
Facilities Districts (CFDs), to finance the acquisition or construction of public improvements to
serve development projects. The formation of these districts allows developers to finance the
construction of public facilities using tax exempt bonds. The City has adopted a "Statement of
Goals and Policies Regarding the Establishment of Community Facilities Districts" ("Goals and
Policies"). The Development Agreement includes a number of exceptions to the adopted Goals
and Policies which have not previously been allowed by the City, including a 2% annual
escalator on the special tax and use of surplus special taxes to reimburse the McMillin for that
portion of the cost of construction of the authorized public facilities that exceeds the available
bond proceeds. In the Development Agreement, the City gives conditional approval of the use of
these financing tools to maximize the bonding capacity for the district. The maximum total tax
rate applicable in the district (at the time of the initial sale of a residential dwelling to a
homeowner) will continue to be held to the 2% maximum, as established in the Goals and
Policies.
The Development Agreement also includes a modified mechanism for reimbursement of
administrative costs to the City. Historically, the City has required priority administrative
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SEPTEMBER 15, 2009, Item I b
Page 12 of 12
funding of $75,000 annually for each bond issue. These monies are used to pay various
consultants and reimburse City staff time involved in the administration of the district and the
bonds. In recent years, these funds have also been used to mitigate delinquencies in districts
without hitting reserves. The developer anticipates formation of three improvement areas, with
the possibility of two bond issuances per improvement area. In recognition of the anticipated
cost of administering these multiple bond sales and improvement areas, the City has agreed to a
new mechanism for the funding of administrative expenses. Per the Development Agreement,
the first bond sale in each improvement area will be subject to the $75,000 priority
administrative funding. At the time of the second bond sale per improvement area, the developer
will deposit $150,000 with the City, to be held and utilized as an administrative operating
expense reserve. As funds from the reserve are used by the City, they will be replenished via the
annual levy.
ATTACHMENTS
1. Proposed Development Agreement
2. Planning Commission Development Agreement Resolution PCM-06-08(B)
Prepared by: Scott D. Donaghe, Principal Planner, Planning Division
Tiffany Allen, Fiscal Land Management Analyst, Finance
J:\Planning\Otayranch\Eastem Urban Center SPA\2005 SPA-peM 99-07\Public Hearings-Workshops\City Council Hearing Package 2009\EUC
CC DA StaffReport.doc
16-12
RESOLUTION NO. PCM-06-08(B)
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL
ADOPT AN ORDINANCE APPROVING DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
MCMILLIN OTAYRANCHLLC FOR MCMILLIN'S PORTION OF
THE EASTERN URBAN CENTER
WHEREAS, the property which is the subject matter of this resolution is identified as
Exhibit "A" attached to the Draft City Council Resolution, and is conunonly known as the Otay
Ranch Eastern Urban Center ("Property"); and,
WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and
determined that the Proj ect would result in a significant impact to the environment, therefore, a
Second- Tier Environmental Impact Report (EIR 07-01) has been prepared; and,
WHEREAS, the Planning Conunission set the time and place for a hearing on said Otay
Ranch Eastern Urban Center Development Agreement and notice of said hearing, together with its
purpose, was given by its publication in a newspaper of general circulation in the city and its mailing
to property owners within 500 feet ofthe exterior boundaries ofthe Proj ect site at leastten days prior
to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.,
August 26, 2009, in the City Council Chamber, 276 Fourth Avenue, before the Planning
Commission, and said hearing was thereafter closed;
NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the
Planning Commission, the Commission has determined that the approval of a Development
Agreement for McMillin's portion of the Otay Ranch Eastern Urban Center is consistent with
California Government Code sections 65864 through 65868.5 as well as adopted City policies.
BE IT FURTHER RESOLVED THAT THE PLA:N.\'IoiNG COMMISSION reconunends
that the City Council adopt an ordinance approving the Development Agreement for McMillin's
portion of the Eastern Urban Center in substantially the form as in the attached Draft City Council
Ordinance, and that a copy of this resolution be transmitted to the owners of the property and the
City Council.
16-13
Resolution PCM-06-08(B)
Page 2
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA
VISTA, CALIFORNIA, this 26th day of August 2009 by the following vote, to-wit:
AYES:
Spethman, Moctezuma, Vi nson, Tri pp, Fe 1 ber, Thompsonli
NOES:
ABSENT:
Clayton
ABSTENTIONS:
tJ&
Diana Vargas, Secretary t
Plarming Conunission
cott W. Vinson, Chair
Plarming Commission
ATTEST:
\
, . ., AlCP
Manager/Development Services Director
i.'rtHf: C!~~;er S?r\';'\i(:j ~}PF.-;'JC),,~ ;;9"C?'Piit/iC
)"'i!::,d~':sd~; j :~h,.i!;d";;C '}\ PC :~-SY.')L:L.J:~ (,".>:; os fit::
Cornr7~:SS:'.)!'
P~";:<"'-:':;
16-14
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND MCMILLIN
OTAY RANCH LLC FOR MCMILLIN'S PORTION OF THE
EASTER.1"i URBAN CENTER
WHEREAS, the property which is the subject matter of this ordinance is identified in the
Development Agreement (on file in the Office of the City Clerk) and commonly known as Otay
Ranch Eastern Urban Center ("Property"); and
WHEREAS, the Project relied in part on the original Otay Ranch General Development Plan
Program Environmental Impact Report 90-01, and the Otay Ranch Eastern Urban Center SPA Plan
Final Second-Tier Environmental Impact Report ("EIR 07-01") (SCH#2007041 074), the candidate
CEQA Findings and Mitigation Monitoring and Reporting Program; and
WHEREAS, the Planning Commission set the time and place for a hearing on said
Development Agreement and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the city and its mailing to property owners within
500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.
August 26,2009, in the Council Chambers, 276 Fourth Avenue, and the Planning Commission voted
6-0-0-1 to approve Planning Commission Resolution PCM-06-08(B) recommending to the City
Council approval of the Development Agreement between the City of Chula Vista and McMillin
Otay Ranch LLC for McMillin's portion of the Eastern Urban Center (the "Development
Agreement"); and
WHEREAS, on September 15,2009, a duly noticed public hearing was scheduled before the
City Council of the City of Chula Vista to consider adopting the ordinance to approve the
Development Agreement between the City of Chula Vista and McMillin Otay Ranch LLC for
McMillin's portion of the Eastern Urban Center.
NOW, THEREFORE, THE CITY COUNCIL of the City ofChula Vista does hereby order
and ordain as follows:
1. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
hearing held on August 26, 2009 and the minutes and resolutions resulting therefrom, are
hereby incorporated into the record of this proceeding. These documents, along with any
documents submitted to the decision makers, shall comprise the entire record of the
proceedings for any California Environmental Quality Act (CEQA) claims.
16-15
II. COMPLIANCE WITH CEQA
The City Council hereby finds that the adoption of the ordinance approving the Development
Agreement for the Project, as described and analyzed in the Second-Tier Final EIR 07-01,
would have no new effects that were not examined in said Final EIR (Guideline 15168
(c)(2)).
Ill. CONSISTENCY WITH GENERAL PLAN AL'ID OTAY RANCH GENERAL
DEVELOPMENT PLAN (GDP)
The City Council finds that the proposed Development Agreement is consistent with the
City's General Plan and Otay Ranch General Development Plan. The Development
Agreement implements the General Plan and GDP by providing a comprehensive program to
implement the SPA Plan and Tentative Map. Those plans provide urban design plans
incorporating a mixture of land uses connected by a grid system of public streets and
pedestrian paths, urban parks and plazas, outdoor dining, public buildings, and commercial
activities designed to promote a safe pedestrian environment. The EUC site utilization plan,
including the density, non-residential square footage, height, and number of residential units,
is consistent with the General Plan and GDP.
IV. ACTION
The City Council hereby adopts an Ordinance approving the Development Agreement
between the City of Chula Vista and McMillin Otay Ranch LLC for McMillin's portion of
the Eastern Urban Center (on file in the Office of the City Clerk) finding it consistent with
the California Government Code, with adopted City policies, and with the City's General
Plan and Otay Ranch General Development Plan.
V. EFFECTIVE DATE
This Ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
Presented by
Approved as to form by
Gary Halbert, AICP, PE
Deputy City Manager
Development Services Director
16-16
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
r, '
l~D ?dS /l' n. t /'
,,/', ~
(/;/ Bar: C. Miesfeld
I CIty Attorney
Dated: 9/( /J / tJ 1
DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF OlliLA VISTA
AND
MCMILLIN OT A Y RANCH LLC
16-17
Recording Requested By:
and
When Recorded Mail To:
City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
EXEMPT FROM RECORDER'S FEES
Pursuant to GOVERo'WENT CODE ~6103
(ABOVE SPACE FOR RECORDER'S USE ONLY)
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF CHULA VISTA
AND
McMILLIN OTAY RANCH LLC
-1-
16-18.
DEVELOPNlliNTAGREENlliNT
This Development Agreement ("Agreement") is made and entered into by and between
the CITY OF CHULA VISTA, a chartered California municipal corporation ("City") and
McMILLIN OTAY RANCH LLC, a Delaware limited liability company ("Master Developer")
and is dated for reference purposes only as of , 2009. The City and Master Developer
are sometimes referred to jointly in this Agreement as the "Parties" and individually as a "Party".
The Parties enter into this Agreement in light of the following recited facts (each a "Recital").
Capitalized terms in the Recitals are defined in Section I of the Agreement.
RECITALS
A. General Purposes. This Agreement is intended to accomplish all of the following:
I Recognize that the successful long-term build-out of the Eastern Urban Center
(the "EUC") is an important goal of the Parties, and allow the implementation of
the Project in accordance with the Existing Entitlements and Existing Land Use
Regulations.
2 Provide for the most efficient use of public and private resources.
3 Provide assurance that, upon approval of the Project, the Master Developer,
Merchant Builders and Owners may proceed with Development in accordance
with the Existing Entitlements and Existing Land Use Regulations.
4 Establish mechanisms that will help provide for the financing and construction of
facilities necessary for the public, including existing residents and residents of
future developments.
5 Provide a mechanism to allow deviations from ordinances or regulations in order
to promote appropriate urban standards and allow flexibility to support long-term
implementation of the Project.
6 Assure that the Project does not cause any conflict with City's growth
management goals and objectives by, for example, ensuring the provision of
adequate public facilities at the time of Development, proper timing and
sequencing of Development, effective capital improvement programming, and
appropriate Development incentives.
7 Streamline, coordinate, and provide greater regulatory certainty III the
Development approval process.
8 Further the Development vision of the EVC. Upon completion, City and Master
Developer expect that the portion of the EUe encompassed by the Project will be
a mixed-use, pedestrian-oriented urban center that will serve as the residential,
economic, and social focal point for the Eastern Planning Area. It is anticipated
that the Project will include a series of interconnected areas that will expand
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16-19
City's employment base, provide CiVIC and cultural venues and facilities,
introduce new shopping, hospitality and entertainment venues, and establish a
variety of urban housing types, including both higher-end and affordable housing,
all implemented in a sustainable community framework. City and Master
Developer expect the EVC to be a place where residents and visitors alike can
come together to live, work and play in a high-quality urban environment. When
finished, the EVC should generate significant new revenues to City through
property, sales, and other taxes, should enhance existing and planned facilities
including the planned university and regional technology park, and should
enhance City's image as a national leader in sustainable community building.
9 Foster cooperation between City and Master Developer in the Development of the
Project, and provide consistent support for the role of the EVC in the overall Otay
Ranch General Development Plan in order to realize the City's long-term vision
for the EVC and the overall success of the Otay Ranch General Development
Plan. Further, the Parties recognize that the EVC proposes a balance of
residential, non-residential and civic uses, and that, while all uses are intended to
be developed, the timing of the Development of the various components of the
Project is dependent upon market demand.
]0 Recognize the unique benefits of the EVC and its mix of residential and
commercial uses. The residential uses will support the commercial uses, and the
commercial uses will serve not only the adjacent homes but also other nearby
communities. Residential Development within the Project is anticipated to
include special financing districts that will provide enhanced fimding for
maintenance of public improvements and public properties that might otherwise
be paid for by City's general fund; for example, as more fully described in the
Parks Agreement, some portion of enhanced park maintenance is anticipated to be
funded through a Community Facilities District.
B. Authorization. City is authorized to enter into this Agreement pursuant to Chula Vista
City Council Resolution No. ] ]933, California GOVERNMENT CODE 965864 et seq.,
the City Charter, and City's self-rule powers, all of which authorize City to enter into
binding development agreements with persons having equitable or legal interests in real
property, for the purposes of assuring, among other things: (i) certainty as to permitted
land uses in the development of such property; and (ii) the construction of adequate
public facilities to serve such development of the property.
C. Interest in Propertv. Master Developer represents that it has equitable or legal interests in
the Property. Specifically, Master Developer represents that it is the fee owner of the
Property. Master Developer further represents that it has the legal authority to bind the
Property by recordation of this Agreement.
D. Mutual Benefits. In addition to the general purposes listed above, the Parties anticipate
that the following mutual benefits should arise from this Agreement:
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16-20
I High quality Development and implementation of the vision of the Property as
expressed in the Project, the EUC and the SPA Plan.
2 Certainty in the type of Development to be undertaken on the Property.
3 Assistance in providing public infrastructure necessary to serve the Project.
4 Assurance that adequate public facilities will be provided before or concurrently
with need.
5 Creation of an urban employment center which will establish a strong, well-
located employment sub-market and add new local jobs. Studies by both City and
Master Developer estimate that the completed Project will generate nearly ten
thousand jobs, approximately two-thirds of which will be higher-quality office
employment opportunities.
6 Long-term increase in tax revenues, over and above the cost of providing
municipal services, which are anticipated to result from the Project. Once
completed, and based upon fiscal studies for the Project, the EUC is expected to
provide significant new long-term revenues from a diversified tax base.
7 Enhancement of City's image and reputation as a leader in sustainable community
building. The EUC demonstrates a strong commitment to sustainability including
an emphasis on mixed use, an extensive street grid system which promotes
walkability and a centrally located bus rapid transit system corridor. The Project
also features a high level of detailing in the public realm, along with civic
amenities including a library, fire station, and a site reserved for an elementary
school.
8 Provision of infrastructure benefiting the general public over and above what the
Project would otherwise require, including a fire station, library, off-site sewer
improvements to Poggi Canyon and Salt Creek which will serve other
developments, and, through additional payments, overall infrastructure for the
Eastern Planning Area.
9 Facilitation of the implementation of the EUC in accordance with City's general
plan and Otay Ranch General Development Plan, through the creation of a high
quality urban center for the Eastern Planning Area which will create synergy for
the accomplishment of other City goals, including City's proposed university,
regional technology and research park.
10 Limitations on, but not a surrender of, City's exercise of certain governmental and
proprietary powers, as specified in this Agreement. This Agreement provides
predictability to Master Developer in the Development approval process by
providing vested rights under the Existing Entitlements and Existing Land Use
Regulations.
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16-21
The Parties agree that the anticipated "mutual benefits" of the Project as described above
are not covenants and do not themselves constitute specific consideration for this
Agreement. The Parties further agree that the failure to achieve any or all of such
"mutual benefits" shall not separately give rise to a cause of action for breach of this
Agreement or serve as a basis for either Party to seek any remedies under this Agreement.
Any such cause of action or pursuit of remedies under this Agreement must be based
upon the breach of a material provision of the Agreement, not the failure to obtain any or
all of these anticipated "mutual benefits".
With regard to the covenants, promises and other material requirements of this
Agreement, however, the Parties agree that those covenants, promises and other material
requirements constitute adequate consideration that is fair, just, mutual, equitable and
reasonable. Neither Party would consent to this Agreement without this consideration.
In particular, Master Developer would not enter into this Agreement, nor agree to provide
and furnish funds for the public and private Development and infrastructure described in
this Agreement, if not for the promise of City that the Property can be developed pursuant
to the Existing Entitlements and Existing Land Use Regulations. Similarly, City would
not enter into this Agreement if not for the promise of Master Developer to provide the
public facilities, public infrastructure and other public benefits provided for in this
Agreement.
E. Planning Commission Hearing. On August 26, 2009, City's Planning Commission held a
duly noticed public hearing on this Agreement and at the conclusion of the hearing
recommended approval of this Agreement.
F. City Council Hearing. On , 20_, the City Council held a duly
noticed public hearing on this Agreement, at the conclusion of which the Council
introduced and conducted the first reading of the ordinance approving the Agreement,
and subsequently, on , adopted Ordinance No. approving the
Agreement. As part of its initial hearing, the City Council considered and approved the
environmental documentation for this Agreement as being in compliance with the
California Environmental Quality Act, and found that this Agreement and the Project are
consistent with the Land Use Regulations.
AGREEMENT
NOW, THEREFORE, in light of the Recitals, which are incorporated into this
Agreement through Section 16.12 of this Agreement, and for good and valuable considerations,
the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. Definitions. As used in this Agreement, the following terms shall have the following
meamngs:
1.1 ADA-Accessible shall mean complying with the Americans With Disabilities Act,
the Americans With Disabilities Act Accessibility Guidelines, CALIFORNIA
CIVIL CODE 951, Title 24 of the CALIFORNIA CODE OF REGULATIONS,
and other applicable laws that require equal access to persons with disabilities.
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16-22
1.2 Agreement shall mean this Development Agreement.
1.3 Association shall mean a homeowners or business-owners association within or
encompassing the Proj ect or portions of the Proj ect.
1.4 Building Codes shall mean standard, uniform codes governing construction, as
adopted in California and/or City. Examples of Building Codes include the
California Building Code, the National Electrical Code, the Uniform Plumbing
Code, the Uniform Mechanical Code, the Uniform Housing Code, and the
Uniform Code for the Abatement of Dangerous Buildings. "Building Codes" do
not include what are commonly referred to as manuals for such matters as design,
subdivision, and hydrology.
1.5 CEOA shall mean the California Environmental Quality Act (CALIFORNIA
PUBLIC RESOURCES CODE S21000 et seq.), its implementing regulations
(CALIFORNIA CODE OF REGULATIONS TITLE 14, CHAPTER 3) and
governing case law interpreting CEQA.
1.6 City shall mean the City of Chula Vista.
1.7 City Council shall mean City's duly-elected and/or appointed City Council.
1.8 Claims shall mean and include claims, costs, damages, demands, expenses,
liabilities, liens and losses.
1.9 Community Facilities District shall mean a District formed pursuant to the Mello-
Roos Act.
1.10 Construction Standards shall mean and include only the Standard Specifications
for Public Works Construction, prepared by Public Works Standards, Inc., and the
Standard Drawings, prepared by the City of San Diego. "Construction Standards"
do not include what are commonly referred to as manuals for such matters as
design, subdivision and hydrology.
1.11 Dedication shall mean the grant of real property or an interest therein to City or
another public agency for a public purpose, without the payment of separate
monetary compensation by the City or other public agency for the dedication.
1.12 Development shall have the same definition as in CALIFORNIA
GOVERNMENT CODE S65927, as that statute exists on the date the Enabling
Ordinance is adopted.
1.13 Development Impact Fee shall mean fees imposed on Development to provide
capital facilities to mitigate the Development's impacts. Development Impact
Fees include City's fees for traffic, parks, public facilities, sewers, traffic signals,
and pedestrian bridges, the payment of which is required before the City may
issue Permits for all or portions of the Project.
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16-23
1.14 Development Moratorium shall mean any governmental decision, policy, law or
regulation, whether adopted by a legislative body or by initiative, that prohibits
and/or delays the already-begun application, review, commencement, completion,
or occupancy of any Development or issuance of any Permit.
1.15 Development Processing Fee means a fee imposed to pay City's administrative
costs of reviewing a proposed Development.
1.16 District shall mean and include assessment districts, Community Facilities
Districts, and any similar governmental mechanism to collect special assessments
or general or special taxes.
1.17 Eastern Planning Area shall mean that portion of City so identified in City's
General Plan.
1.18 Eastern Urban Center ("EUC") shall mean the portion of the City so identified in
the Otay Ranch General Development Plan.
1.19 Effective Date shall mean the first date on which all of the following are true: (a)
the Master Developer has signed the Agreement and returned the signed
Agreement to the City; (b) the City Council has adopted the Enabling Ordinance;
( c) the authorized representative of the City has signed the Agreement; and (d) the
Enabling Ordinance is effective and recorded with the County Recorder.
1.20 Enabling Ordinance shall mean City Ordinance No. _ by which this
Agreement was approved.
1.21 Encumber and Encumbrance shall mean and refer to mortgages, deeds of trust,
and any other device by which an Owner uses all or any portion of its interest in
the Property to secure a loan.
1.22 End User shall mean an Owner of one or more individual subdivided lots or
condominiums of the Project, obtaining such lot or condominium for the purpose
of occupying or using it for its own purposes and not for use in the business of
Development. "End Users" include, among others, home owners, tenants,
commercial building owners, apartment building owners, and Associations.
1".23 Entitlements shall mean all discretionary approvals by City allowing or regulating
Development and/or use of the Property. Entitlements include but are not limited
to the SPA Plan, the Property's tentative subdivision map, the EUC Public
Facilities Financing Plan, which is a part of the SPA Plan, the Parks Agreement,
and the final environmental impact report certified for the Project. A list of the
Existing Entitlements is set forth in Exhibit "B" of this Agreement.
1.24 Exactions shall mean and include obligations to pay money, construct facilities, or
provide land as a condition of Development, such as Development Impact Fees,
Dedications, Reservations and improvements.
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16-24
1.25 Existing Entitlements and Existing Land Use Regulations shall mean all
Entitlements or Land Use Regulations in effect as of the date the Enabling
Ordinance is adopted, including those approved or amended at the same City
Council meeting as the Enabling Ordinance is introduced.
1.26 Fees shall mean and include Development Impact Fees and Development
Processing Fees.
1.27 Financier shall mean any mortgagee, beneficiary, or trustee as to an
Encumbrance.
1.28 Financing Plan shall mean the Financing Plan attached to this Agreement as
Exhibit "C."
1.29 Force Maieure shall mean problems beyond the control of the affected Party that
delay or prevent a Party's performance of its obligations under this Agreement.
Examples of Force Majeure include, but are not limited to, floods, earthquakes,
and other Acts of God; fires; wars; civil commotion, riots, and similar hostilities;
strikes, picketing, and other labor difficulties; shortages of materials or supplies;
inability of any government agency or utility, including but not limited to City, to
provide adequate levels of water, sewer capacity, electricity or gas service; laws
of other agencies (including but not limited to voter initiative or referenda,
Development Moratoria, and judicial decisions); and Litigation brought by a third
party challenging the validity of this Agreement or of an Entitlement.
1.30 Goals and Policies shall mean the local goals and policies of City, adopted
pursuant to CALIFORNIA GOVERNMENT CODE 953312.7, pertaining to the
formation of a Community Facilities District under the Mello-Roos Act, as those
Goals and Policies exist on the date the Enabling Ordinance is adopted.
1.31 Growth Management Ordinance shall mean Chapter 19.09 of City's Municipal
Code, as it exists on the date the Enabling Ordinance is adopted.
1.32 Land Use Regulations shall mean all ordinances, resolutions, codes, rules,
regulations, plans (such as the Otay Ranch General Development Plan and
accompanying documents, and the Chula Vista General Plan), and official
policies of City governing Development and/or use of land, including, but not
limited to, the permitted use, density or intensity of use, subdivision requirements,
timing and/or phasing of Development, the height and/or size of buildings,
Reservations, Dedications, and design and standards for improvements. "Land
Use Regulations" do not include: (a) any City ordinance, resolution, code, rule,
regulation or official policy governing taxes or assessments of general application
upon all residents of City; (b) any City ordinance, resolution, code, rule,
regulation or official policy governing the conduct or taxation of businesses,
professions or occupations not in conflict with this Agreement or the Existing
Entitlements; (c) the control and abatement of nuisances (other than nuisances
existing only as conflicts with new Land Use Regulations made inapplicable by
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16-25
this Agreement); (d) the granting of encroachment permits and the conveyance of
rights and interests providing for the use of or entry upon public property, other
than the provisions of this Agreement addressing Dedications and Reservations;
or (e) the exercise of the power of eminent domain.
1.33 Litigation shall mean and include all forms of judicial actions and proceedings,
including but not limited to complaints (for damages, declaratory relief, or
otherwise), arbitrations, judicial references, petitions (for traditional mandate,
administrative mandate, or otherwise), and appeals, no matter how denominated.
1.34 Master Developer shall initially mean McMillin Otay Ranch LLC, a Delaware
limited liability company, but shall include its successors in interest as to the
Property identified pursuant to Section 10 of this Agreement.
1.35 Material Change (in the Proiect) shall mean any change in uses or total intensity
of the Project that would either (a) reduce build-out land use intensities in the
Project, as shown in the Otay Ranch General Development Plan, by more than
five percent (5%), or (b) render unmitigable any existing, or create any
unmitigable new, significant anticipated environmental impacts of the Project
beyond those identified in the final environmental impact report certified for this
Agreement. Approval of, or changes to, Entitlements or Land Use Regulations
governing other properties outside of the Property's boundaries shall neither
constitute nor create a "Material Change" in the Project.
1.36 Mello-Roos Act shall mean the Mello-Roos Community Facilities Act of 1982
(CALIFORNIA GOVERNMENT CODE &53311 et seq.), as amended.
1.37 Merchant Builder shall mean a buyer, assignee or transferee of one or more
subdivided lot or condominium site of the Project, acquiring such 10t(s) or site(s)
for the purpose of Development of improvements pursuant to the Existing
Entitlements and Existing Land Use Regulations or Subsequent Approvals for
End Users.
1.38 Otav Ranch General Development Plan shall mean the Otay Ranch General
Development Plan first adopted by the City in 1993 and most recently amended
by the City Council on December 12, 2005 through Resolution No. 2005-424.
1.39 Owner shall mean any person owning fee title to all or any part of the Property.
Initially, the only Owner is the Master Developer, but Owner may later also
include any number of Merchant Builders and End Users.
1.40 Parks Agreement shall mean, once approved, the "Agreement Regarding
Construction of Parks in a Portion of Otay Ranch Eastern Urban Center" between
City and Master Developer.
1.41 Party and Parties shall mean, individually, City or Master Developer, as the
context may require, and, collectively, City and Master Developer.
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1.42 Pedestrian Corridor shall mean the area within the right-of-way of a street
between the back of the curb and the pri vate property line.
1.43 Permits shall mean ministerial permits allowing Development and/or occupancy
of portions of the Property.
1.44 Proiect shall mean the Development of the Property at the maxImum total
intensity (subject to allowable transfers) in the SPA Plan.
1.45 Property shall mean the real property legally described in Exhibit "A" to this
Agreement and incorporated herein through Section 16.12 of this Agreement.
1.46 Reservation shall mean the setting aside of land for future public use, without any
legal right, title or interest being conveyed other than the promise to convey an
interest upon payment of fair market value for such land.
1.47 Reserved Authority shall have the meaning set forth III Section 3 of this
Agreement.
1.48 SPA Plan shall mean the Sectional Planning Area Plan for the EUC approved by
City on ,20_, .
1.49 Subsequent Approvals shall mean and include all Entitlements and Permits not
yet existing that are necessary for Development of the Project.
2. Development of the Property. While this Agreement is in effect, Master Developer and
Merchant Builders shall have the vested right to cause the Development of the Property
pursuant to the Existing Entitlements and Existing Land Use Regulations.
2.1 Uses. Permitted uses of the Property vested hereby shall be those in the SPA
Plan.
2.2 Intensity. Permitted intensity of use vested hereby shall be as shown in the SPA
Plan and contemplated in the Otay Ranch General Development Plan. Intensities
of use may be transferred within the Property, consistent with this Agreement and
the SPA Plan.
2.3 Size. The height and size of buildings vested hereby shall be as allowed in the
SPA Plan and contemplated in the Otay Ranch General Development Plan.
2.4 Reservations. Dedications. Improvements and Facilities. Reservations and
Dedications of land, and the provision of public improvements and facilities,
required by City for the Project, shall be those, and only those, shown in the SPA
Plan, the Project's Public Facilities Financing Plan, and tentative subdivision map
approved concurrently herewith for the Project, or as expressly set forth in this
Agreement, whether to be dedicated to or improved for City or another agency or
public utility. Fair market value of Reservations shall be determined as of their
acceptance. Master Developer and City may by mutual agreement make minor
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adjustments to public improvements and facilities, such as the size of a library,
without requiring amendment of this Agreement, so long as the improvements and
facilities are among those required by Existing Entitlements. Thus, examples of
minor adjustments would include minor additional Dedications to facilitate
construction of contemplated public streets or facilities, including transit facilities,
included in the Existing Entitlements but would not include new Dedications or
alignments for public streets or facilities that were not included in the Existing
Entitlements. Owners shall ensure that all End Users of the Project are given
notice with the close of escrow that transit facilities are planned within the
Project.
2.5 Vested Rights. Owners shall have a vested right to develop the Project in
accordance with the Existing Entitlements and Existing Land Use Regulations.
This vested right includes:
2.5.1 Subject to Section 2.13.4, the Existing Entitlements and Existing Land
Use Regulations shall govern Development of the Property.
2.5.2 This Agreement shall not prevent City from exercising its Reserved
Authority as provided in Section 3 of this Agreement, or, in addition, from
applying new City Land Use Regulations which do not conflict (as
described in Section 2.6 of this Agreement) with the Existing Entitlements
and Existing Land Use Regulations.
2.5.3 In the event of a conflict between a provision of the Existing Entitlements
and a provision of this Agreement, the provision that is more specific shall
prevail.
2.5.4 The City finds that this Agreement is consistent with its Land Use
Regulations, and therefore finds that the completed Development and
Permits consistent with the Project and this Agreement shall not constitute
a violation of any existing Land Use Regulation or standards therein, nor
shall a violation caused by other Development in City constitute grounds
to prevent the issuance of Permits for this Project. City finds that
compliance with the obligations, including the posting of adequate
security as customarily required by City for the construction of the
improvement or facility, as stated in the Parks Agreement, SPA Plan and
this Agreement, to provide library, fire and park facilities shall satisfy
City's Growth Management Ordinance. As long as the Project remains in
compliance, no Moratorium under the Grc;wth Management Ordinance for
library, fire or park facilities shall apply to the Project. If a Moratorium is
imposed on the Project because of City's failure to construct facilities
needed to comply with the Growth Management Ordinance, then Master
Developer may terminate this Agreement pursuant to Section 7.3.1.
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2.5.5 Nothing in this Agreement shall be interpreted so as to impair or reduce
any vested rights Owners have by virtue of any other Permit, law or
agreement.
2.5.6 The Parties acknowledge the right and ability of Owners to seek sewer
connections on a first-come, first-served basis during the building permit
process, and to obtain those sewer connections only if the City Engineer
determines that City has adequate treatment capacity. Should City
provide, or have provided, guaranteed sewer capacity from City's existing
capacity rights to another project, then capacity shall be guaranteed for the
entire Project, under similar conditions offered to that other project, so as
to allow this Project's buildout consistent with the Existing Entitlements.
2.5.7 The right to cause the Development of the Property pursuant to
Subsequent Approvals that are consistent with this Agreement and the
Existing Entitlements and Existing Land Use Regulations shall become
vested upon their approval by City, acceptance by Master Developer and,
if applicable, the Owner of the affected portion of the Property.
2.5.8 City shall not apply any increased parks requirements above those
identified in the Parks Agreement (whether for increased fees, increased
acreage, or both) to the Property or Project without Master Developer's
written consent.
2.5.9 Subject to its Reserved Authority and other provisions of this Agreement,
the City may apply to the Project and Property only, and may deny or
conditionally approve Subsequent Approvals only on the basis of, those
subsequently enacted Land Use Regulations which are not in conflict with
the Existing Entitlements, Existing Land Use Regulations, and this
Agreement. Subject to the City's Reserved Authority and other provisions
of this Agreement, such subsequent discretionary actions shall not prevent
Development of the Property for the uses and to the density or intensity of
Development set forth in this Agreement. Subject to its Reserved
Authority and other provisions of this Agreement, City shall apply no
Land Use Regulation, adopted after the Effective Date, applicable to the
Project or Property which conflicts with the Existing Entitlements or
Existing Land Use Regulations.
2.6 Conflicting Actions. A Land Use Regulation (as opposed to the exercise of the
City's Reserved Authority under Section 3 of this Agreement) adopted or
occurring subsequent to the Effective Date shall be considered to be in conflict
with this Agreement if it:
2.6. I Restricts the vested rights described in this Agreement or in any way
limits or reduces the timing, intensity, use, density, or sequencing of the
Development; otherwise requires any reduction or increase in the number,
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size, height or square footage of lots, structures, buildings or other
improvements, except as a transfer allowed by the SPA Plan.
2.6.2 Increases the amount or changes the location of the infrastructure required
for the Project so as to interfere with Development anticipated by the
Existing Entitlements;
2.6.3 Requires additional Exactions other than that provided for In the
Agreement or Existing Entitlements.
2.6.4 Changes design or Development standards or the policies or requirements
of the General Plan or Otay Ranch General Development Plan applicable
to the Property or Proj ect;
2.6.5 Does not conflict with Sections 2.6.1, 2.6.2, 2.6.3, or 2.6.4, but is not
uniformly applied throughout City to all multi-family residential, mixed-
used or urban-intensity Development within City;
2.6.6 Imposes a new Permit requirement or procedure, or a more stringent
growth management threshold, that is not already part of the Existing
Entitlements, except pursuant to Sections 3.2, 3.3, 3.4, 3.5, and 3.6; and/or
2.6.7 Materially increases the cost of Development as those costs of
Development exist at the time the Land Use Regulation is adopted. As
used in this Section 2.6.7, the phrase "materially increases" means
increases by twenty percent (20%) the cost of the structure or facility that
is the subject of the Land Use Regulation at the time the Land Use
Regulation is adopted, as reasonably determined by the City Manager or
his designee based upon information provided by Owner and other
available information. In the event the Land Use Regulation causes a
material increase in the cost ofthe structure or facility that is the subject of
the Land Use Regulation, the City and Owner shall meet and confer and
work in good faith to determine whether the Land Use Regulation may be
applied in a manner that does not result in a material increase. If the
Parties cannot agree upon such an application of the Land Use Regulation,
the Land Use Regulation shall be deemed to be in conflict with the
Existing Entitlements or Existing Land Use Regulations.
2.7 Development Impact Fees. The amount of any Development Impact Fee payable
to City shall be determined based upon the City's Development Impact Fee
schedule in place at the time of the issuance of any building permit for which a
Development Impact Fee is required. However, by this Agreement the City vests
the right of Owner to defer the payment of such Development Impact Fee until the
issuance of certificates of occupancy or request for final inspection, as applicable,
pursuant to the City's Development Impact Fee deferral policy as it exists at the
time of adoption of the Enabling Ordinance, without the necessity of additional
City Council review. Final payment of any Development Impact Fee shall
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include interest on the amount due, at the rate specified in the City's Development
Impact Fee deferral policy or the legal rate of interest, whichever is lower. City
shall have a lien on any portion of the Property for which a building permit has
been issued until all Development Impact Fees which are due but not yet payable
for that portion of the Property have been paid. In the event Owner were to
become entitled to a refund of any or some part of Development Impact Fees,
Development Impact Fees that have already been paid on account of building
permits that have been issued need not be refunded, but a credit shall be applied to
Development Impact Fees to the extent they were prepaid before issuance of
building permits for the Project.
2.8 Processing Fees. Owners shall pay City's Development Processing Fees for all
Subsequent Approvals pursuant to the fee schedules in effect at the time of
application for such Subsequent Approvals.
2.9 Water Supply. All tentative subdivision maps prepared for the Project shall
comply with the provisions of CALIFORNIA GOVERNMENT CODE 966473.7
and CALIFORNIA WATER CODE 910610 et seq., as applicable.
2.10 Enforcement. Pursuant to CALIFORNIA GOVERNMENT CODE 965865.4,
except to the extent it has been amended, canceled, modified or suspended, this
Agreement shall be enforceable by any Party notwithstanding any change in any
Land Use Regulation which purports to alter or amend the Existing Entitlements
or Existing Land Use Regulations.
2.11 Building Codes and Construction Standards.
2.11.1 All construction on the Property, including private and public
improvements, shall adhere to the Building Codes as those Building Codes
exist when building permits are applied for, provided that such Building
Codes are uniformly applied within City to all new Development projects
of similar type as the Proj ect.
2.11.2 All construction of public improvements for the Project shall also adhere
to the Construction Standards in their forms when construction drawings
for those improvements are submitted to City; provided that such
Construction Standards are uniformly applied within the Eastern Planning
Area.
2.11.3 Due to the unique nature of the Project, the Parties acknowledge that
exceptions and deviations to some Construction Standards may be
required. City will reasonably consider all requests for exceptions to and
deviations from the Construction Standards necessary for implementation
of the Project or to implement the Existing Entitlements. The Parties
acknowledge that it is reasonable for the City to deny a request for
exceptions to and deviations from the Construction Standards when
necessary to protect the public health, safety or welfare.
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2.12 Timing of Development. The California Supreme Court held in Pardee
Construction Companv v. City of Camarillo (1984) 27 Ca1.3d 465, that the failure
of the parties to a stipulated judgment, which was intended to vest certain
development rights, to provide for the timing of the development at issue, meant
that a later-adopted initiative restricting the timing of development prevailed over
the stipulated judgment. To avoid this result, City and Master Developer agree
that the timing and phasing of Development shall be within Owner's discretion
but as constrained by this Agreement and the Existing Entitlements. City shall
not limit the rate or timing of Development or occupancy of the Property, except
as authorized by this Agreement and the Existing Entitlements. Nothing in this
section shall be construed to limit City's right to ensure that Owners timely
provide all infrastructure required by this Agreement, the Existing Entitlements
and the Existing Land Use Regulations (including but not limited to the Growth
Management Ordinance and Public Facilities Financing Plan).
2.13 Changes. This Agreement shall not be amended except as expressly provided
herein.
2.13.1 This Agreement may be amended at any time, in whole or in part, by the
mutual written consent of City and Master Developer and the Owner of
the affected portion of the Property (subject to Section 2.13.2). Notice of
intention to amend any portion of this Agreement shall be given pursuant
to law and this Agreement. Any amendment to this Agreement shall
require adoption of an ordinance pursuant to the laws governing
development agreements.
2.13.2 Subject to Section 2.13.1, this Agreement may be amended by the Owner
of the affected portion of the Property without the consent of the Owner(s)
of other portions so long as the amendment does not change the use,
density, transferability, or intensity of use, nor increase the Dedication or
improvement obligations, of the portion of the Property belonging to the
non-consenting Owner(s), nor result in there not being a private party
responsible for providing required improvements for City.
2.13.3 Owners may, at any time and for any reason but only with the consent of
Master Developer, request Material Changes in the Project without risk to
any rights they have or that have vested pursuant to this Agreement.
However, all Material Changes shall be treated as amendments to this
Agreement. Changes that are not Material Changes shall not require an
amendment to this Agreement if the Master Developer, the Owner of the
affected portion of the Property, and the City Manager all agree that the
modification is minor and consistent with this Agreement.
2.13.4 Any Owner (if consent is given in writing by Master Developer) may
request other changes in the Existing Entitlements, Existing Land Use
Regulations, and Subsequent Approvals without risk to any rights they
have or that have vested pursuant to this Agreement. Owners may, if
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consent is given in writing by Master Developer but without the need for
the consent of any other Owner, accept changes to any Existing
Entitlement or Existing Land Use Regulations without risk to any rights
they have or that have vested pursuant to this Agreement; in that event, the
accepting Owner shall notify City of the change and the extent to which it
is being accepted, and that change shall not constitute an amendment to
this Agreement so long as the change does not apply to any non-
consenting Owner's portion of the Property. Such changes will, however,
be subject to City's normal review processes.
2.13.5 Neither transfers of units or uses within the Property pursuant to the SPA
Plan and in conformance with this Agreement, nor changes in the phasing
of Development (if done by the decision of Master Developer and/or an
Owner) shall constitute a Material Change, so long as those transfers do
not exceed the intensity of Development analyzed in the Project's
environmental impact report.
2.13.6 If City changes the classification of Hunte Parkway between Eastlake
Boulevard and State Route 125 to a six-lane prime arterial, City shall
consider reconfiguring the streets within the Property to match the
"Alternative EUC Circulation Conditions" design provided in the Fehr &
Peers EUC traffic study addendum dated May 15, 2008. The Parties
hereby agree that this reconfiguration shall neither constitute a Material
Change to this Agreement nor require an amendment hereto, and would
constitute a minor adjustment pursuant to Section 2.4, but shall be subject
to CEQA. This reconfiguration shall not be allowed to impair any of
Master Developer's rights under this Agreement, including but not limited
to vested rights to Develop the Property in the amount and schedule
contemplated by this Agreement.
2.14 Clarifications. This Agreement requires a close degree of coordination among
City, Master Developer and Owners. Refinements of planned Development of the
Property may demonstrate that clarifications are appropriate with respect to the
details of performance. City, Master Developer and Owners may effectuate such
clarifications through the mutual consent of City, Master Developer and the
Owner of the affected portion of the Property. No such clarification shall
constitute an amendment to this Agreement. The City Attorney shall be
authorized to make the determination whether a requested clarification constitutes
an amendment to this Agreement. Upon City Attorney approval, the City
Manager, at his or her discretion, may execute any clarification without City
Council action. However, City shall send a copy to Master Developer.
2.15 Growth Management Thresholds. If City amends its Growth Management
Ordinance, the amended Growth Management Ordinance shall apply to the
Project upon Master Developer's written acceptance by a clarification pursuant to
Section 2.14, which acceptance shall not constitute an amendment to this
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Agreement. This provision shall not affect any mitigation measures required of
Master Developer under the environmental document certified for the Project.
2.16 Issuance of Final Permits. No Permit shall be withheld if there has been
compliance with the requirements of this Agreement, the Existing Entitlements
and the Existing Land Use Regulations, including the Growth Management
Ordinance. If necessary, City shall use reasonable efforts to process any
additional Entitlements and Land Use Regulations that are necessary to
accomplish this goal.
2.17 Nature of Change in Law. After the Effective Date and subject to the City's
Reserved Authority in Section 3 of this Agreement, Section 2 of this Agreement
shall apply regardless of whether a change in the Existing Entitlements or
Existing Land Use Regulations is the result of City Councilor voter action. The
Parties again intend hereby to avoid the result in Pardee Construction Co. v. City
of Camarillo, 37 Ca1.3d 465 (1984).
3. Reserved Authority. Notwithstanding any other provision of this Agreement, the City
has the following Reserved Authority with respect to the Project:
3.1 Review of Subsequent Approvals. City shall review Subsequent Approvals
pursuant to the Existing Entitlements and Existing Land Use Regulations, any
future Land Use Regulations not in conflict with the Existing Entitlements and
Existing Land Use Regulations and its Reserved Authority as expressed in this
Section 3 of this Agreement.
3.2 Threat to Health or Safety. City may modify, suspend or terminate all or any part
of this Agreement if the City reasonably determines that compliance would create
a condition dangerous to the health or safety of the public.
3.3 Change in State or Federal Law. In the event that state or federal laws,
promulgated after the date the Enabling Ordinance is adopted, prevent or preclude
compliance with this Agreement, such provision shall be modified, suspended or
terminated so as to comply with such state or federal law.
3.4 Immediate Threat. If the City, acting through the City Manager or designee,
reasonably finds that a threat to health or safety poses an emergency, or that a
change in state or federal law requires immediate action, City may unilaterally
suspend the Existing Entitlements and Existing Land Use Regulations and this
Agreement. Such suspension shall remain in place until such time as the
procedures called for in Section 3.5 of this Agreement are completed and shall be
of the minimum scope and effect necessary to accommodate the emergency or
change in higher law.
3.5 Procedure for Exercise of Reserved Authoritv. Except as provided in Section 3.4,
City may exercise its Reserved Authority when it does all of the following:
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3.5.1 Gives notice to each affected Owner and to Master Developer. The notice
shall describe the facts giving rise to the need to modify, suspend or
terminate the Agreement, the City's proposed action, and state a proposed
date, time and place for a meeting to discuss the action. The Parties may
change the date, time and/or place of the meeting by mutual agreement.
The Parties shall take good faith efforts to have this meeting within thirty
(30) days after notice was given.
3.5.2 Meets and confers in good faith with each affected Owner and Master
Developer at the meeting described in the above notice. The purpose of
the meeting shall be to negotiate a remedy in good faith. The meeting
shall conclude within thirty (30) days of its commencement, or such later
time as the Parties agree in writing. If the Parties agree on a remedy
which City staff has the authority to implement, and which the City
Attorney has approved, the Parties need not pursue the Council hearing
described in Sections 3.5.3 and 3.5.4.
3.5.3 Holds a noticed, public hearing. The City Manager shall, within thirty
(30) days of the conclusion of the meet-and-confer efforts, make a
recommendation to the City Council concerning a proposed action. The
City Council shall hold a public hearing on the matter as soon as such a
hearing can be scheduled.
3.5.4 The City Council shall then determine appropriate action under Section 3
and such decision shall not be subject to administrative appeal. However,
Master Developer and/or any affected Owner may challenge such decision
in court.
3.6 Scope of Action. Any action (including but not limited to suspension,
modification, and/or termination) resulting from Sections 3.2, 3.3, and/or 3.4 shall
be subject to all of the following requirements:
3.6.1 The action chosen shall be of the minimum scope, effect, and duration
necessary to accommodate the health and safety issue or changed state or
federal law, and shall apply only to the Property and Project. For
example, City shall not apply to the Project any changes to its engineering
standards, hydrology manual or stormwater regulations which conflict
with the Existing Entitlements except as necessary to comply with an
order of a higher agency, such as the Regional Water Quality Control
Board.
3.6.2 If City chooses to suspend or modify the Agreement, Master Developer
may terminate this Agreement pursuant to Section 7.3.1.
3.7 CEOA. The Parties understand that discretionary Subsequent Approvals will be
subject to CEQA, and that the City must comply with the requirements of CEQA
when considering such Subsequent Approvals. The Parties intend, however, that
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the environmental impact report for the Proj ect, which is among the Existing
Entitlements, be relied upon by the City, to the extent allowed by law, when
analyzing the Subsequent Approvals. If the application ofCEQA to a Subsequent
Approval would (a) require as mitigation a reduction in the density or intensity of
use from that allowed by this Agreement, (b) require as mitigation a change of use
from those allowed by this Agreement, (c) result in the identification of
significant, unmitigable impacts, and/or (d) identify an environmentally preferred
alternative that would reduce density or intensity of use or change a use from
those allowed by this Agreement, then Master Developer may terminate this
Agreement pursuant to Section 7.3.1.
3.8 Off-Site Property. In any instance where Owner is required to construct any
public improvement on land not owned by Owner, Owner shall, at its sole cost
and expense, provide or cause to be provided, the real property interests necessary
for the construction of such public improvements. In the event Owner is unable,
after exercising reasonable efforts, including and not limited to, the rights under
Sections 1001 and 1002 of the CALIFORNIA CIVIL CODE, to acquire the real
property interests necessary for the construction of such public improvements,
and if so requested by Owner, and upon Owner's provision of adequate security
for costs City may reasonably incur, City shall negotiate for the purchase of the
necessary real property interests to allow Owner to construct the public
improvements as required by this Agreement and, if necessary, in accordance
with the procedures established by law, shall in its sole discretion, consider the
use of its power of eminent domain to acquire such required real property
interests. Owner shall pay all costs associated with such acquisition or any
condemnation proceedings, including both costs of the real property and litigation
expenses. If City is unable to acquire the required property by negotiations or
condemnation within the time-frame provided for in CALIFORNIA
GOVERNMENT CODE 966462.5, City shall continue to issue Subsequent
Approvals for the Project despite the fact that the improvement has not been
completed. City shall not postpone or refuse Subsequent Approvals because
Owner has failed to acquire off-site property required for the construction of
public improvements on land not owned by Owner. Notwithstanding the
foregoing, City's obligation to continue to issue Subsequent Approvals as
provided for in this Section in contingent upon: (a) Owner's submitting the
improvement plans required for the applicable improvement to City; (b)
consistent with CALIFORNIA GOVERNMENT CODE 966462.5, Owner's
entering into an agreement with City to reimburse City for costs incurrent by City
in acquiring the real property; and (c) compliance by Owner with any and all
applicable laws and Project conditions (other than the off-site condition in
question). This Section 3.8 is not intended by the Parties to impose upon Owner
an enforceable duty to acquire land or construct any public improvements on land
not owned by Owner, except to the extent the Owner elects to proceed with the
Development of the Project, and then only in accordance with valid conditions
imposed by the City upon the Development of the Project under the Subdivision
Map Act or other legal authority.
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4. Owners' Obligations.
4.1 Compliance With Law. Owners shall comply with the Existing Entitlements and
Existing Land Use Regulations. Owner shall also comply with all Subsequent
Approvals, Land Use Regulations that are not in conflict with this Agreement,
with the Existing Entitlements and with the Existing Land Use Regulations and
the City's Reserved Authority.
4.2 Administrative and Processing Costs of City. Owners shall pay City's
administrative and processing costs reasonably incurred in pursuit of any
condemnation required for the Project, processing and review of Subsequent
Approvals, the consideration and establishment of Districts pursuant to Section
5.3, relations with other governmental agencies pursuant to Sections 5.7 and 5.10,
a proportionate share of modifications to a Development Impact Fee program
pursuant to Section 5.9, and annual reviews pursuant to Section I 1.1.
4.3 Public Facilities and Services. Master Developer shall provide the following
facilities pursuant to the Existing Entitlements and Existing Land Use
Regulations, on the schedule described in the SPA Plan:
4.3. I Land and/or space within a building for public library facilities, and
Development Impact Fees for a library, as described in Exhibit "D."
4.3.2 Reservation of a site for, construction of, interim funding of and
Development Impact Fees for a City fIre station, as described in Exhibit
"E."
4.3.3 Dedication of land for and construction of City urban parks pursuant to the
Parks Agreement.
4.3.4 Park Development Impact Fees, as provided for by the Parks Agreement.
4.3.5 Right-of-way for the bus rapid transit line through the Property.
4.3.6 Land for the transit stop and improvement of transit lanes and guideways
through the Property as shown in the SPA Plan (but with a right to seek
reimbursement from other agencies and grant funds).
4.3.7 Off-site capital sewer improvements to the Poggi Canyon and Salt Creek
sewer basins and facilities, as defined in the Existing Entitlements.
4.4 Cluster Incentive Program. Master Developer will encourage the establishment of
uses, including medical, professional, financial and green-tech employers, within
the Property that will benefit or are synergistic with a proposed university in Otay
Ranch. To accomplish this, Master Developer agrees to actively participate with
local and regional agencies, including City, the South County Economic
Development Council, and others to attract university-related employers to EUC.
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City will reasonably consider any requests that the City actively support Master
Developer's efforts to secure those targeted employers for EVe.
4.5 Operating Deficit. Master Developer shall, on the terms ofthis Section 4.5, cover
City's deficit if it is determined in the initial years that the Project, exclusive of
interim funding and costs for fire services, will result in a net fiscal deficit to City.
Master Developer agrees to pay to City an amount equal to the difference between
City's service costs and the total revenues generated by the Project (including
assessments, ta,es, levies, developer payments, and other revenue sources as
addressed in City's fiscal model). The net deficit or surplus generated by the
Project will be determined by a fiscal study prepared by City and will exclude
consideration of interim funding and costs for fire services, which shall be
governed by Exhibit "E" of this Agreement. City and Developer shall meet prior
to the initiation of each study to review assumptions to be used in the study (e.g.,
property valuations, resident population, maintenance obligations, etc.). To allow
time for initial land uses to become established, the first fiscal analysis shall be
conducted following the end of the fiscal year which is two (2) years following
the first occupancy within the Property, and annually thereafter at the end of each
fiscal year. The fiscal study shall be prepared by City and may, at either party's
request, be reviewed by a third party independent fiscal consultant acceptable to
both parties. Master Developer shall bear the costs of preparing the annual fiscal
studies as well as any third party review initiated at Master Developer's request.
Any payments made under this provision shall be made on an annual basis, no
later than thirty (30) days following completion of the annual fiscal study. Master
Developer's total obligation under this Section 4.5 shall not exceed five hundred
thousand dollars ($500,000.00). The obligation of this Section 4.5 shall terminate
and be of no further force and effect as soon as either (a) the fiscal study identifies
a net surplus for two (2) successive fiscal years, or (b) the total obligation limit is
reached.
5. City Oblil!ations.
5.1 Processing. City shall accept and process with reasonable promptness all
completed applications for Subsequent Approvals.
5.2 Acceptance of and Bonding for Roads and Related Facilities. It is anticipated
that, due to the unique design of the Project, Master Developer may leave
construction of sidewalks to Merchant Builders separately from (and after)
construction of the adjacent roads. To accommodate this:
5.2.1 Bonding for public street improvements shall only be required for those
facilities located from back-of-curb to back-of-curb along with a
temporary ADA-Accessible asphalt-concrete sidewalk. Improvement
plans may show ultimate improvements within the Pedestrian Corridor as
future improvements, but work within the Pedestrian Corridor shall be
bonded for and constructed as part of the Development of the adjacent
parcel. Acceptance of curb-to-curb improvements and the release of the
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associated bonds shall not be delayed due to incomplete Pedestrian
Corridor improvements provided that an ADA-Accessible path, temporary
or permanent, has been constructed.
5.2.2 The release of any bond shall not be delayed by work not expressly
covered by the bond estimate or shown on the associated approved plans.
Furthermore, the state of work on subsequently-approved plans shall not
affect the release or acceptance of any work that has been completed
consistently with a previously-approved plan.
5.2.3 City may reduce both faithful performance and labor and materials bonds
by seventy-five percent (75%) upon substantial completion of the work
bonded for, as determined by the City's field inspector.
5.2.4 City shall accept security, in a legally authorized form customarily
accepted by City and in accordance with customary City procedures,
which is posted by successors to Master Developer (including here
Merchant Builders and other Owners) in place of security posted by
Master Developer. Upon the acceptance of the successor's security, City
shall release security posted by Master Developer for the subj ect
improvements, even if doing so results in more than one set of security for
improvements on a single set of plans.
5.3 Funding Mechanisms. Master Developer may, at its option, submit a written
request to City on City's standard application form requesting that City establish a
Community Facilities District to finance the acquisition and construction of public
facilities in accordance with the Financing Plan and the Goals and Policies. City
agrees that upon receipt of such request and application and the deposit with City
of sufficient funds to pay City's costs to undertake the proceedings to establish
such a Community Facilities District, City shall use reasonable efforts to: (a)
initiate and diligently pursue proceedings to establish such a Community
Facilities District; and (b) if the establishment of such Community Facilities
District is approved by the City Council and the levy of special taxes and the
issuance of bonds for or by such a District are approved by the qualified electors
of such District, to thereafter levy and collect special taxes and issue bonds of
such District in accordance with the Financing Plan and the Goals and Policies. If
City fails to complete the District proceedings and record the notice of special tax
lien within two hundred ten (210) days following Master Developer's submittal of
a complete application, other than due to delays caused by Master Developer's
failure to provide necessary information or inaction by Master Developer or by
other circumstances outside the control of City, or if City establishes the District
in a manner, structure or subject to conditions that are expressly inconsistent with
the Financing Plan and the Goals and Policies, then (a) City and Master
Developer shall meet and confer and reasonably consider the creation of another
financing mechanism to finance the Eligible Public Facilities (as defined in the
Financing Plan), including, but not limited to, reasonable efforts to consider
assisting Master Developer and another agency to establish a District to finance
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the Eligible Public Facilities in a manner consistent with the Financing Plan,
and/or (b) Master Developer may (if in Master Developer's sole discretion the
efforts of '(a)' are unsuccessful or inadequate) terminate this Agreement pursuant
to Section 7.3.1. Master Developer and City may mutually agree to extend the
210 day period for the completion of the District establishment proceedings,
which agreement shall not be unreasonably refused.
5.4 Parking Enforcement on Private Propertv. If Master Developer forms an entity
(which may be an Association) to manage parking within the Property, that
Association or other entity may provide enforcement of parking regulations
within private rights-of-way and on private property, and the City may consider
allowing the use of funds generated by parking revenues and charges for its
activities.
5.5 Future Use of Pro;ect Revenues. City acknowledges that while nothing in this
Agreement contemplates revenue sharing with respect to transient occupancy
taxes, retail sales taxes or other revenues, Master Developer, future Owners or
End Users may ask the City to consider revenue sharing to promote Development
consistent with the Existing Entitlements.
5.6 Coordination With Other Pro;ects. The Parties acknowledge that the success and
viability of the Project, including its benefits for City, depend greatly on its
coordination with other land uses and developments in the Eastern Planning Area,
and that subsequent land use actions by City may materially affect the market
viability of the Project. The Parties further acknowledge that they cannot restrict
City's police powers to determine other land uses in the area. However, the
Parties agree that, if City does consider any entitlements for other properties
within the Eastern Planning Area, the implementation of which either Party
concludes may materially affect the market viability of the Project or result in
additional water demand which would adversely impact the ability to implement
the Project, or would result in the Project violating the Existing Land Use
Regulations, they shall meet and confer in good faith about, and City shall
concurrently and in good faith consider and timely process, Master Developer's
requested changes to the EUC, SPA Plan and the City's planning documents,
based on a market analysis, prepared by Master Developer at its sole expense, that
would allow the Project to continue to attract necessary market investment. In the
event that City proceeds with entitlements for other properties within the Eastern
Planning Area to which Master Developer objects without also proceeding with
changes to the EUC, SPA Plan and the City's planning documents as requested by
Master Developer, Master Developer may terminate this Agreement pursuant to
Section 7.3.1.
5.7 Assistance From Other Governments. Upon Master Developer's request and at
Master Developer's sole expense, City shall reasonably consider whether to make
applications, or reasonably assist and cooperate with Developer in submitting
applications, for the following assistance, consistent with the Existing
Entitlements and Subsequent Approvals, for all or any part of the Project:
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5.7.1 Available tax or other benefits from the state or federal governments,
including but not limited to free trade/enterprise zone designations, state
or federal credit enhancements, tax credits or other fmancial support in
connection with bonds issued by a District.
5.7.2 Available grants, loans, bonds, and subsidies from the local, state or
federal governments or agencies for, for example, transit-oriented
developments, affordable housing, smart growth, sustainable development,
economic and employment development, and other government programs
that seek to encourage the type of Development identified in the Existing
Entitlements.
5.7.3 Reimbursement from federal, state or local, non-City, sources for any
facilities provided as part of the Project, including, but not limited to,
reimbursement for the transit elements.
5.8 Library. City shaIl cooperate with Master Developer in planning the library
within the Property, which City acknowledges and agrees may be part of a mixed-
use structure as shown in the SPA Plan. City shall use reasonable efforts to cause
the library design and operation to contribute to the achievement of the goals of
the SPA Plan.
5.9 Reimbursements for Certain Facilities. City shall in good faith consider including
into an existing Development Impact Fee program, establishing a new fee
program for, or establishing other reimbursement mechanisms for the costs of
those facilities described in Sections 5.9.1, 5.9.2, and 5.9.3 below to provide
Master Developer with a source of reimbursement for the cost of such facilities.
This funding mechanism shaIl be considered independently of, and in addition to,
establishment of a Community Facilities District; provided, however, to the extent
the entire cost of any such facility is paid to Master Developer as part of the
acquisition price of such facility financed through the District, the reimbursement
shall be paid into the fund or account of the District designated for the acquisition
or construction of public facilities and be available for such purposes. In the
event there are no public facilities remaining to be fmanced by the District, the
reimbursement shall be used by the District to redeem outstanding bonds of the
District or to pay debt service on such bonds. If City fails to establish any of
these reimbursement mechanisms for 5.9.1 or 5.9.2, then Master Developer may
terminate this Agreement pursuant to Section 7.3.1.
5.9.1 The facilities listed in Section 4.3.7.
5.9.2 "Street A," as shown on the approved tentative map for the Project.
5.9.3 The Project's cultural venue, in acknowledgement of EUC's role as the
cultural focus of the Eastern Planning Area, if City adopts a master plan
for cultural and/or artistic facilities and programs.
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5.10 Transit Dedications. City shall not require any Dedication for transit, or require
any Owner to construct or fund the construction of transit facilities, for use for
anything other than local transit service (i.e., not for bus rapid transit), until and
unless the Owner of any real property in question has entered into an agreement
for construction coordination and reimbursement with the other agency.
5.11 Recordation of Agreement and Amendments. The City Clerk shall file this
Agreement for recordation with the County Recorder of the County of San Diego
within ten (10) days after the Effective Date.
5.12 Limited Reimbursement for Specific Facilities Upon Early Termination of
Agreement. This Agreement, the Existing Entitlements and the Public Facilities
Financing Plan require Master Developer to construct or cause the construction of
certain public facilities and improvements at certain times. The phasing of the
construction of these public facilities and improvements is intended to correspond
to the need for the facilities and improvements created by the Development of the
Project. Therefore, Master Developer shall have no right to reimbursement (not
otherwise provided in this Agreement) for any public facilities and improvements
constructed pursuant to this Agreement, the Existing Entitlements and the Public
Facilities Financing Plan upon the early termination of this Agreement. In
addition, Master Developer may, for business reaSOI15, elect to construct a
required public improvement or facility in advance of the time required by this
Agreement, the Existing Entitlements and the Public Facilities Financing Plan. In
such case, Master Developer shall not be entitled to reimbursement (not otherwise
provided for in the Agreement) upon early termination of this Agreement.
However, if, and only if, City unilaterally requires Master Developer to construct
a public improvement or facility in advance of the time that improvement or
facility is required by this Agreement, the Existing Entitlements and the Public
Facilities Financing Plan, and, subsequently, this Agreement is terminated in
advance ofthe time that improvement or facility was to be constructed pursuant to
this Agreement, the Existing Entitlements and the Public Facilities Financing
Plan, then Master Developer shall be entitled to a limited right of reimbursement
for that portion of the cost of the facility or improvement that was not required to
serve Development completed as of the date of termination. City shall only be
responsible to reimburse Master Developer for that portion of the cost of the
facility or improvement that was not required to serve Development completed as
of the date of termination, and only when Master Developer is not entitled to
reimbursement for that facility and improvement from another source, including,
but not limited to, a Community Facilities District. This reimbursement from City
shall be subject to availability of funds, but shall in no event be completed later
than five (5) years from termination of the Agreement.
6. Third Party Litigation; Defense and Indemnitv.
6.1 General Plan Litigation. City has determined that this Agreement and the
Entitlements for the Project are consistent with its General Plan and other
applicable land use plans, and that those plans meet all requirements of law.
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Master Developer has reviewed the General Plan and all other applicable land use
plans and concurs with City's determination. City shall have no liability under
this Agreement for any failure of City to perform under this Agreement or the
inability of Owner to Develop the Property resulting from a judicial determination
that the General Plan, applicable land use plans, or portions thereof on which an
Existing Entitlement or Subsequent Approval relies, are, on the date each is
approved, invalid or inadequate or not in compliance with law.
6.2 Third Party Litigation Concerning the Agreement and the Entitlements. The
Owner issued any Subsequent Approval or Permit shall defend, at its expense,
including attorneys' fees, indemnify and hold harmless City, its agents, officers
and employees from any claim, action or proceeding against City, its agents,
officers or employees to attack, set aside, void or annul the approval of this
Agreement, the Existing Entitlements or the approval of any Subsequent
Approval or Permit granted to that Owner pursuant to this Agreement. City shall
promptly notify such Owner of any such claim, action or proceeding, and City
shall cooperate in the defense.
6.3 Indemnity. In addition to the provisions of Section 6.2 above, each Owner shall
indemnify, defend and hold City, its officers, agents, employees, subcontractors
and independent contractors free and harmless from any liability whatsoever,
based or asserted upon any act or omission of that Owner, its officers, agents,
employees, subcontractors and independent contractors, for property damage,
bodily injury, or death (that Owner's employees included) or any other element of
damage of any kind or nature, relating to or in any way connected with or arising
from the activities contemplated by this Agreement, including, but not limited to,
the study, design, engineering, construction, completion, failure and conveyance
of private or public improvements for the Project, save and except for liability or
claims arising through the active negligence or willful misconduct of City. That
Owner shall defend, at its expense, including attorneys' fees, City, its officers,
agents, employees, subcontractors and independent contractors in any legal or
equitable' action based upon such alleged acts or omissions, save and except
liability or claims arising through the active negligence of willful misconduct of
City.
6.4 Environmental Assurances. Owner shall indemnify, defend and hold City, its
officers, agents, employees, subcontractors and independent contractors free and
harmless from any liability, based or asserted, upon any act or omission of Owner,
its officers, agents, employees, subcontractors, predecessors in interest,
successors, assigns and independent contractors for any violation of any federal,
state or local law, ordinance or regulation relating to industrial hygiene or to
environmental conditions on, under or about the Property, including, but not
limited to, soil and groundwater conditions, save and except liability or claims
arising through the active negligence or willful misconduct of City. Owner shall
defend, at its expense, including attorneys' fees, City, its officers, agents,
employees, subcontractors and independent contractors in any action based or
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asserted upon any such alleged act or omission, save and except liability or claims
arising through the active negligence or willful misconduct of City.
6.5 Reservation of Rights. With respect to Sections 6.2, 6.3, and 6.4, City reserves
the right to either (1) approve the attorney(s) which Owner selects, hires or
otherwise engages to defend City hereunder, which approval shall not be
unreasonably withheld, or (2) relieve the Owner of its indemnity and defense
obligations and conduct its own defense, provided, however, that Owner shall
reimburse City forthwith for any and all reasonable expenses incurred for such
defense, including attorneys' fees, upon billing and accounting therefor, with the
understanding that Owner's attorneys shall be lead counsel and City's attorneys
shall, to the maximum extent feasible, cooperate with Owner's attorneys.
6.6 Survival. The provisions of Section 6 of this Agreement, for Claims ansmg
before termination of this Agreement, shall survive the termination of this
Agreement.
7. Term.
7.1 Commencement. This Agreement shall become effective on the Effective Date.
7.2 Duration. Unless terminated earlier pursuant to another provision hereof, this
Agreement shall be in full force and effect until, but shall automatically terminate
upon, the earlier of (a) the passage of twenty (20) years after the Effective Date,
or (b) completion of full build-out of the Property as contemplated in the Otay
Ranch General Development Plan that is among the Existing Entitlements,
including City's issuance of all required Permits and acceptance of all
Dedications and improvements required to complete Development and allow
occupancy.
7.3 Earlv Termination. Besides automatic termination pursuant to Section 7.2, this
entire Agreement shall be deemed terminated upon the occurrence of one of the
following events:
7.3.1 If termination occurs pursuant to any specific provision of this Agreement;
or
7.3.2 An uncured material breach by one Party occurs, and the non-breaching
Party elects in writing to pursue early termination of this Agreement rather
than specific performance of this Agreement; or
7.3.3 Entry after all appeals have been exhausted of a final judgment in
Litigation holding this Agreement, or its application to any part of the
Proj ect, invalid.
7.4 Earlv Termination as to Individual Parcels. In addition to termination pursuant to
Sections 7.2 and 7.3, this Agreement shall partially terminate as follows:
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7.4.1 As to any parcel zoned for multi-family residential use, this Agreement
shall terminate upon the occurrence of both (a) the completion or posting
of security (at the discretion of the City Engineer, exercised pursuant to
the Existing Municipal Code) for all conditions on Development of the
parcel imposed consistent with this Agreement, and (b) issuance of a
building permit and certificate of occupancy for the maximum number of
units allowed by the Project on that parcel, or such lesser number of units
as Master Developer, Owner and City have all agreed to in writing.
7.4.2 As to any parcel zoned for commercial, industrial or mixed residential-
commercial uses, this Agreement shall terminate upon the occurrence of
both (a) the completion or posting of security (at the discretion of the City
Engineer, exercised pursuant to the Existing Municipal Code) for all
conditions on Development of the parcel imposed consistent with this
Agreement, and (b) issuance of a building permit and certificate of
occupancy for the maximum amount of square footage of building area
allowed by the Proj ect on that parcel, or such lesser building area as
Master Developer, Owner and City have all agreed to in writing.
7.5 Effect of Termination. Termination of this Agreement pursuant to this Section 7
shall not affect any right or duty arising from Entitlements or Subsequent
Approvals issued by City prior to tennination, nor shall it destroy any vested right
arising from the completion of construction in good faith reliance on an
Entitlement or Subsequent Approval.
7.6 Extensions. The term of this Agreement and the time for performance by either
Party of any of its obligations hereunder shall be extended by the period of time
that Force Majeure exists. Such delay shall not be deemed to be a default. In
addition, the term of this Agreement shall be extended day-for-day by delays
arising from the pendency of Litigation challenging this Agreement or the
Development contemplated hereby. The Party claiming that Force Majeure exists
shall give notice thereof to the other Party within sixty (60) days of gaining actual
knowledge thereof.
8. Subdivision Maps. Pursuant to CALIFORi'\!IA GOVERNMENT CODE S66452.6(a),
no tentative map covering all or any portion of the Property shall expire before, and all
such maps are hereby extended to, the termination of this Agreement.
9. Financinl!:.
9.1 Right to Encumber. Any Owner may, in its sole discretion, obtain or allow one or
more Encumbrances as it believes will assist Development of its part of the
Project. Unless otherwise required by law, neither entering into nor a breach of
this Agreement shall defeat, render invalid, diminish or impair the lien of any
Encumbrance made in good faith. and for value. Nothing herein authorizes an
Owner to Encumber any interest in the Property other than its own. All
Encumbrances shall be subordinated to this Agreement.
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9.2 Notice. Owners and/or any Financiers shall have the right to give notice to City
of the existence of an Encumbrance.
10. Binding Effect.
10.1 EntirelY of Propertv. All of the Property shall be and shall remain subj ect to this
Agreement until terminated as to all or a portion of the Property pursuant to
Section 7, above.
10.2 Propertv and Agreement Remain Linked. Master Developer and Owners shall
have the right to sell, transfer or assign all or any portion of the Property and their
rights under the Agreement.
10.2.1 Any person acquiring any interest in the Property shall do so subject to
this Agreement. Conversely, no sale, transfer or assignment of any right,
interest or obligation under this Agreement shall be made unless made
together with a corresponding sale, transfer or assignment as to the
Property.
10.2.2 As to City, Master Developer shall remain liable for all obligations of
Sections 4.3 and 6.4 of this Agreement, all obligations of Existing
Entitlements, and for the obligations to construct improvements required
by subdivision maps on the Property. Master Developer may assign its
rights and interests and transfer or delegate some or all of the aforesaid
obligations, including improvement security, but only to another Master
Developer it so identifies to City who agrees in writing to fulfill Master
Developer's role with regard thereto. City retains the right to consent or
not consent to such change, but City's consent shall not be unreasonably
withheld and shall be limited to confirming the financial resources of the
successor necessary to fulfill its role under this Agreement. Neither
Merchant Builders nor End Users shall be deemed a Master Developer
unless so identified pursuant to this Section 10.2.
10.2.3 Nothing in this Agreement shall prevent Master Developer.from imposing
additional or different restrictions or obligations, that do not conflict with
this Agreement, on the Property and/or on subsequent Owners pursuant to
other legal mechanisms, such as purchase and sale agreements, deeds, or
declarations of covenants, conditions and restrictions, all of which shall be
subordinated to this Agreement; for example, the Parties anticipate that
Merchant Builders may become responsible, to Master Developer, for the
construction of public improvements. In that event, Master Developer (or
its successor pursuant to Section 10.2.2) would have a right of (or similar
to) indemnification as to those third parties, but would itself remain
obligated as to City.
10.2.4 Notwithstanding the foregoing, in the event substitute security has been
provided pursuant to Section 5.2.4, in the event of a default on a facility
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that has been bonded for, City shall exhaust that accepted, substituted
security before making any demand of Master Developer for those
improvements.
10.3 Binding on Financiers. This Agreement shall bind all Financiers and every
Owner whose title is acquired through a Financier as by, for example, foreclosure.
10.4 Eastern Urban Center. Master Developer does not initially own all of the land
intended to become part of the EVC. This Agreement only applies to the Property
owned by Master Developer as of the Effective Date. If Master Developer
acquires other real property within the EUC, as shown in the Otay Ranch General
Development Plan, binding that additional property to this Agreement shall
require amending this Agreement.
II. Compliance Review.
11.1 Annual Reviews. Pursuant to CALIFORNIA GOVERNMENT CODE 965865.1,
Owners shall be required to demonstrate good faith compliance with the terms of
this Agreement annually no later than each twelve-month anniversary of the
Effective Date. If, as a result of such review, City finds and determines that there
has not been good faith compliance with terms or conditions of this Agreement,
City shall notify Master Developer of the alleged default and take such actions as
are permitted by CALIFORNIA GOVERNMENT CODE 965865.1 or this
Agreement.
11.2 Failure bv Citv. The failure of City to conduct any annual review shall not
constitute a breach of this Agreement, affect an Owner's obligations hereunder, or
render this Agreement invalid or void.
11.3 Special Reviews. City may review Owners' compliance with this Agreement at
times other than the annual reviews described in Section 11.1 if City believes an
Owner is not complying in good faith with this Agreement.
11.4 Scope of Review. This Agreement and the documents incorporated herein
contain literally thousands of requirements, some as detailed as construction and
landscaping designs. Evidence of compliance with each requirement would waste
the Parties' resources. Accordingly, unless the City believes a default has
occurred, Owners shall be deemed to have satisfied their obligation to
demonstrate good faith compliance by showing substantial compliance with the
major provisions of this Agreement.
12. Default, Cure and Remedies.
12.1 Default bv Owner. An Owner shall be in default of this Agreement ifit does any
or any combination of the following:
12.1.1 Willfully violates any order, ruling or decision of any administrative or
judicial body having jurisdiction over the Property or the Project. Owner
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may contest any such order, ruling or decision by appropriate proceedings
conducted in good faith, in which event no default of this Agreement shall
be deemed to have occurred unless and until there is a final, non-
appealable judicial decision that Owner willfully violated such obligation.
12.1.2 Fail to cure a material breach of this Agreement within the time set forth
in a written notice of default from City.
12.2 Default bv City. City shall be in default of this Agreement only ifit fails to cure a
material breach of this Agreement within the time set forth in a written notice of
default from an Owner to City.
12.3 Notice of Default. A Party alleging a default by the other Party shall serve notice
thereof. Each such notice shall state with specificity all of the following:
12.3.1 It is given pursuant to Section 12 ofthis Agreement.
12.3.2 The nature of the alleged default.
12.3.3 The manner in which the alleged default may be satisfactorily cured.
12.3.4 A period of time in which the default may be cured. The notice of default
shall allow at least sixty (60) days to cure the default. If the default is of
such a nature as not to be susceptible of cure within said time using the
allegedly defaulting Party's diligent efforts, then the allegedly defaulting
Party shall only be deemed to have failed to cure the default if it fails
diligently to commence such cure within said time or if it fails diligently
to prosecute such cure to its conclusion.
12.3.5 If an Owner believes City is in default, it shall give notice of the alleged
default to Master Developer at least thirty (30) days before giving notice
to City.
12.4 Hearing on Default. If City alleges an Owner has committed a default, the City
Council may, but is not required to, hold a noticed, public hearing before
proceeding with any remedy or with Litigation.
12.5 Remedies for Default. The Parties acknowledge and agree that the City would not
have entered into this Agreement if it were to be liable in damages to an Owner
under this Agreement, or with respect to this Agreement or the application
thereof. The Parties further acknowledge and agree that the nature of the Project
and the terms of this Agreement render ordinary remedies at law inadequate for a
breach of this Agreement and that it would not be feasible or possible to restore
the Property to its natural condition once implementation of the Agreement has
begun. Therefore, the Parties agree that the remedies for breach of this
Agreement shall be limited to one or more of the following:
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12.5.1 In general, each of the Parties may pursue any remedy at law or equity
available for any breach of any provision of this Agreement (including,
but not limited to, obtaining letters of credit, performance bonds, and/or
withholding certain approvals), except that the City shall not be liable in
monetary damages in any form, including, without limitation, attorneys'
fees and litigation costs, to Owner, any mortgagee or lender, or to any
successor in interests of Owner or mortgagee or lender, or to any other
person, and Master Developer covenants on behalf of all successors in
interest in the Property or any portion thereof, not to sue the City for
monetary damages.
12.5.2 The Parties acknowledge that monetary damages and remedies at law will,
however, generally be inadequate, and that specific performance and other
non-monetary remedies are particularly appropriate remedies for the
enforcement of this Agreement and should be available to the Parties
because (a) money damages are unavailable against the City as provided
in Section 12.5.1; and (b) given the size, nature and scope of the Project, it
is not possible to determine the sum of money that would adequately
compensate Owner for Development of the Project. Therefore, the Parties
acknowledge and agree that specific performance is the preferred remedy
for any default under this Agreement.
12.5.3 Notwithstanding the foregoing, the Parties reserve all rights and remedies
for Claims not arising from this Agreement.
12.6 Right of Master Developer and Financier to Cure. Any Financier for whom
notice has been given pursuant to Section 9.2 shall have the same right to cure a
default as the Owner in debt to that Financier. Master Developer shall also have
the right but not the duty to cure a default of any Owner. The deadline for Master
Developer and the Financier to cure a default shall commence with the giving of a
notice of that Owner's default to that Financier and to Master Developer.
12.7 Multiple Owners. City shall send a copy of any notice of default to Master
Developer and all affected Owners. However, no default by an Owner shall
constitute a default by any other Owner, but it shall constitute a default by that
Owner's successor in interest.
13. Hearing Procedures. For any City Council hearing held pursuant to this Agreement:
13.1 Public Notice. Notice to the public shall be given as required by law.
13.2 Notice to Owners. Notice of a public hearing required by this Agreement shall be
given as provided in CALIFORNIA GOYERi'lMENT CODE ~65090 and 65091.
In addition to any notice that must be given to Owners as members of the public,
City shall give all affected Owners (but not End Users) written notice of the
hearing based on an identification of Owners provided by Master Developer. The
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notice shall include the subject of the hearing and a description of City's intended
action, if any.
13.3 Alternative to Hearing. At any time and with regard to any dispute or alleged
default, the Parties may, if all affected Parties agree, use mediation or arbitration
rather than or before the Council hearing procedure described in this Agreement.
14. Estoppel Certificate.
14.1 Right to Request. Upon request of the other Party, a Party shall deliver, within
thirty (30) days of the request, a certificate stating whether or not, to the
knowledge of the certifying Party:
14.1.1 This Agreement is in full force and effect;
14.1.2 This Agreement is a binding obligation of the Parties;
14.1.3 This Agreement has been amended, and, if it has been amended, an agree
to provide a copy, upon request, of such amendment; and
14.1.4 The requesting Party is in default of this Agreement.
14.2 Significance. Any such certificate may be and is intended to be relied upon by
any person, including but not limited to the other Party, potential purchasers of all
or any part of the Property, Financiers, and potential Financiers.
15. Appeal of Administrative Decision. Owners may appeal directly to the City Council
any decision by the City Manager concerning the interpretation and/or administration of
this Agreement. The Owner shall file any such appeal with the City Clerk within ten (10)
days after receiving notice of the staff decision. The City Council shall render a decision
at a public hearing held pursuant to Section 13 of this Agreement.
16. Miscellaneous.
16.1 Time of Essence. Time is of the essence of each provision hereof in which time is
an element.
16.2 Further Documents. The Parties shall sign, deliver and if appropriate record any
additional documents necessary to effectuate the purposes of this Agreement.
Upon expiration or termination of this Agreement as to all or any part of the
Property, the Parties shall sign and record any document reasonably necessary to
cancel this Agreement from the public records as to the Property (or portion
thereof) in question.
16.3 Notices. All notices and other communications given pursuant to this Agreement
shall be in writing and shall be deemed received when personally delivered, upon
the first business day after prepaid deposit with a recognized overnight delivery
service with instructions to deliver the next business day, or upon the fifth
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_.','E..'.,_ ~. _~~"~... _"".~,~_-"
calendar day after deposit in the United States mail, first-class, registered or
certified, postage prepaid, return receipt requested at the following addresses:
If to City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, Califomia 91910
Attn: City Manager
With a copy to:
City Attorney
276 Fourth Avenue
Chula Vista, California 91910
If to Master Developer:
McMillin Otay Ranch LLC
c/o McMillin Companies LLC
Attn: Mr. Todd Galarneau
P.O. Box 85104
San Diego, California 92186-5104
With a copv to:
Hecht Solberg Robinson Goldberg & Bagley LLP
600 West Broadway, 8th Floor
San Diego, California 92101
Attn: Richard A. Schulman
Any Party may, from time to time, by written notice to the other, designate a
different address which shall be substituted for the one specified above.
16.4 Entire Agreement. This Agreement contains the entire agreement between the
Parties regarding the subject matter hereof, and all prior agreements or
understandings, oral or written, are hereby merged herein.
16.5 Waiver. No waiver of any provision of this Agreement shall constitute a waiver
of any other provision, whether or not similar, nor shall any such waiver
constitute a continuing or subsequent waiver of the same provision. No waiver
shall be binding, unless it is executed in writing by a duly authorized
representative of the Party against whom enforcement of the waiver is sought.
16.6 Relationship of the Parties. Nothing contained herein, nor any action taken or
document created pursuant hereto, shall be construed as creating the relationship
of partners, joint venturers, or any other association of any kind or nature between
or among any Parties.
16.7 No Third Partv Beneficiaries. This Agreement is made and entered into for the
sole benefit of the Parties and their successors in interest. No other person (such
as an individual or group of taxpayer or citizens) shall have any right of action
based upon any provision of this Agreement.
16.8 Captions. Captions and headings in this Agreement are for convenience only, and
are not guides for interpretation.
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16.9 Joint Preparation. This Agreement has been prepared and negotiated jointly and
equally by the Parties, each of whom was represented by counsel. This
Agreement shall not be construed against any Party on the ground that it prepared
the Agreement.
16.10 Governing Law and Venue. This Agreement is entered into and will be
performed in the County of San Diego, California, shall be governed by the laws
of the State of California and shall be enforceable in the Superior Court for the
County of San Diego, California.
16.11 Severability. If a Court invalidates part of this Agreement, the remainder shall
remain in force and effect unless the invalidation materially impairs a Party's
consideration, in which event this entire Agreement shall terminate.
16.12 Recitals and Exhibits. All Recitals and Exhibits to this Agreement are
incorporated into this Agreement by this reference. The following Exhibits are
attached to this Agreement and incorporated herein:
Exhibit A:
Legal Description of the Property (pursuant to 91.45)
Exhibit B:
List of Existing Entitlements (pursuant to 91.23)
Exhibit C:
Financing Plan (pursuant to 91.28)
Exhibit D:
Description of Library Facilities (pursuant to 94.3.1)
Exhibit E:
Outline of Fire Station Arrangement (pursuant to 94.3.2)
IN WITNESS WHEREOF, Master Developer and City have executed this Agreement on the
date first above written.
[Signature Page Follows]
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City:
CITY OF CHULA VISTA, a chartered
California municipal corporation
By
Its
ATTEST:
By
APPROVED AS TO FORM:
CITY ATTORJ"lEY
By
Master Developer:
McMILLIN OT A Y RANCH LLC,
a Delaware limited liability company
BY: McMILLIN COMPANIES, LLC, a
Delaware limited liability company
Its: Manager
By a,
Its vP
APPROVED AS TO FORM:
HECHT SOLBERG ROBINSON
GOLDBERG & BAGLEY LLP
/' -7---
By
Richard A. Schulman, Attorneys for
Master Developer MCMILLIN
OT A Y RANCH LLC
-36-
16-53
EXHIBIT A
Legal Description of McMillin Property
With Map of All ofEUC
REAL PROPERTY IN THE CITY OF CHULA VISTA, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
PARCEL 3 OF PARCEL MAP NO. 18481, IN THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFOIUITA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAc'!
DIEGO COUNTY, lYIA Y 31, 2000, AS INSTRUMENT NO. 2000-283684 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM THE LAND DESCRIBED IN THAT CERTAIN IRREVOCABLE OFFER
OF DEDICATION OF FEE INTEREST RECORDED lVlAY 22,2003, AS INSTRUMENT NO. 2003-
0604602, AND ACCEPTED BY THAT CERTAIN ACCEPTANCE OF IRREVOCABLE OFFER OF
DEDICATION OF FEE INTEREST RECORDED lVlA Y 22,2003, AS INSTRUMENT NO. 2003-
0604603, AND CONVEYED TO THE STATE OF CALIFORNIA BY GRANT DEED RECORDED
MAY 22, 2003, AS INSTRUMENT NO. 2003-0604607, ALL OF OFFICIAL RECORDS OF SAN
DIEGO COUNTY, CALIFOR.l'!IA.
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16-54
EXHIBIT "B"
LIST OF "EXISTING ENTITLEMENTS"
1. Eastern Urban Center Final Second Tier EIR (EIR-07-01)
2. Eastern Urban Center Sectional Planning Area (SPA) Plan (PCM-06-08(A))
3. Eastern Urban Center Tentative Map (pCS-09-03)
4. Development Agreement between the City of Chula Vista and McMillin Otay Ranch
LLC (pCM-06-08(B))
5. Eastern Urban Center Parks Agreement (pCM-06-08(C))
B-1
16-55
EXHIBIT "c"
FINANCING PLAN
This Financing Plan sets forth the basic terms and conditions pursuant to which City and
Master Developer will cooperate to establish a Community Facilities District or Community
Facilities Districts (each, a "District") pursuant to the Mello-Roos Act to fInance the acquisition
or construction of certain public improvements in connection with the Project. Capitalized terms
not otherwise defIned in this Financing Plan shall be defIned as provided in the Development
Agreement. This Financing Plan is different from, and is meant to implement part of, City's
Public Facilities Financing Plan for EUC adopted pursuant to Municipal Code S 19.09.050.
I. Objectives. The principal objectives of this Financing Plan are to:
a. Provide City and Master Developer reasonable certainty that any District
will be established in accordance with the Goals and Policies, except as
any specifIc goal or policy may be explicitly supplemented, amended or
waived as set forth herein.
b. Provide for the issuance of bonds by or for the District or Districts or any
Improvement Areas (defined below) therein in one or more series in order
to minimize carrying costs and improve overall bondholder security.
c. Implement and document certain determinations by City pursuant to the
Goals and Policies.
To the extent this Financing Plan is inconsistent with other parts of the Development Agreement
to which this Financing Plan is an exhibit, the provisions of this Financing Plan shall govern.
2. Formation. City shall initiate proceedings to establish a District, upon Master
Developer's written request and submittal of City's standard application form and receipt of an
advance from the Developer in an amount determined by City to pay for City's estimated costs to
be incurred in undertaking the proceedings to establish the District ("Formation Proceeding
Costs"). City agrees that all such advanced City costs incurred in connection with the formation
of such District shall be eligible for reimbursement out of the first available District bond
proceeds and/or special taxes. The exact terms and conditions for the advance of funds by
Master Developer and the reimbursement of such advances as mutually agreed upon shall be
memorialized in a separate agreement between City and Master Developer. City agrees to use its
best efforts to complete the proceedings to form such District and record the notice of special tax
lien within two hundred ten (210) days after City's receipt of Master Developer's complete
application and deposit. In the event such District is not or cannot be formed by the City or
bonds cannot be issued for such District to finance the facilities as provided for in this Financing
Plan due to unforeseen changes in state or federal law or other reasons, City shall reasonably
cooperate with Master Developer in using the Statewide Community Infrastructure Program
("SCIP") or other community facilities district fInancing program available through the
California Statewide Communities Development Authority to finance, acquire, and/or construct
the public improvements described herein, and if that effort is not successful, the remedies of
Section 5.3 of the main text of the Agreement shall apply.
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3. Boundary. The District boundary shall encompass the Project and may contain
multiple improvement areas (each, an "Improvement Area") based on phasing of the Project. It
is currently contemplated that the District will contain at least three (3) Improvement Areas and
that both residential and non-residential land uses will be subject to the levy of special taxes by
the District.
4. Eligible Public Facilities and Discrete Components. Subject to the condition set
forth in the following paragraph, City will authorize the District to finance the following types of
public improvements ("Eligible Public Facilities") which by the approval of the Development
Agreement City has determined are consistent with the Goals and Policies or constitute an
approved exception to the Goals and Policies for the Project:
a. Boundary Arterials (TDIF Facilities)
b. Street A
c. Grid Streets (curb to curb) without Bus Rapid Transit facilities
d. Grid Streets (curb to curb) with Bus Rapid Transit facilities
e. Bus Rapid Transit Facilities
f. Sidewalks and Landscaping within right-of-way
g. Pedestrian Bridge facilities
h. Traffic Signals
1. Storm Drain Facilities
J. Sewer Facilities
k. Library Facilities (including land, airspace and/or condominium interests)
1. Fire Station Facilities and equipment (including land if the site for the fire
station is not otherwise required to be dedicated by Owner to the City or
such site is to be located on land not owned by Owner)
m. Public Parks
n. Land to be used as an Environmental Preserve which is not otherwise
required to be dedicated by Owner as a condition of approval of the
Existing Entitlements, including associated improvements
o. Art and/or Cultural Venue
p. Any public facility to be constructed by City or an Owner for which an
Owner is required to make a cash contribution pursuant to the Proj ect' s
conditions of approval or this Agreement ("Contributions") or which is
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included in City's Public Facilities Development Impact Fee program and
which public facility is to be owned by the City.
The facilities described in clauses k, I and p above shall be authorized to be financed by the
District only if and to the extent that the financing of such facilities by the District will not
adversely affect the City's ability to pay debt service on existing outstanding indebtedness
secured by or payable from the proceeds of Development Impact Fees imposed by the City to
finance such facilities. City agrees that its grant of Development Impact Fee credits as a result of
Master Developer's construction of any such facility pursuant to the Development Agreement or
other written agreement between City and Master Developer shall not prevent the financing of
such facility through the District.
The Eligible Public Facilities shall be financed with the proceeds of special taxes and/or bonds of
the District ("District Proceeds") regardless of the Improvement Area(s) from which such
District Proceeds are derived. Costs of the Eligible Public Facilities to be constructed by Owner
that are eligible to be financed with District Proceeds are as follows:
(i) The actual hard costs for the construction or the value of an Eligible
Public Facility, including labor, materials and equipment costs;
(ii) The costs of grading related to an Eligible Public Facility;
(iii) The costs incurred in designing, engineering and preparing the plans and
specifications for an Eligible Public Facility;
(iv) The costs of environmental evaluation and mitigation of or relating to the
Eligible Public Facility;
(v) Fees paid to governmental agencies for, and costs incurred in connection
with, obtaining permits, licenses or other governmental approvals for an Eligible Public Facility;
(vi) Costs of construction administration and supervision up to five percent
(5.0%) of the total cost of the Eligible Public Facility as an exception to the Goals and Policies
which would otherwise impose a limitation of one and three-quarters percent (1.75%) of total
cost;
(vii) Professional costs associated with each Eligible Public Facility, such as
engineering, legal, accounting, inspection, construction staking, materials and testing and similar
professional services;
(viii) Costs of payment, performance and/or maintenance bonds and insurance
costs directly related to the construction of an Eligible Public Facility; and
,"
As an exception to the Goals and Policies, City and Master Developer agree that "Discrete
Components" of each Eligible Public Facility may be approved for payment from District
Proceeds in an amount equal to actual cost of the Discrete Component less a 25% retention, and
that City shall not accept an Eligible Public Facility of which a Discrete Component is a part, or
pay any prior retention relating to such Discrete Component, until the entire Eligible Public
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Facility has been completed. Each Discrete Component is a component of an Eligible Public
Facility that City has agreed can be separately identified and/or inspected. City acknowledges
that a Discrete Component that consists of construction or installation work does not have to be
accepted by City as a condition precedent to the payment of acquisition thereof, but City shall
not be obligated to make such payment until such Discrete Component has been "substantially
completed," which shall mean that it is substantially complete for its intended use in accordance
with its plans and specifications, notwithstanding any fmal "punch list" items still required to be
completed. Master Developer shall be entitled to make a separate payment request to City for
the costs of final "punch list" items and other eligible costs not previously reimbursed upon
completion of such work.
The provisions of the Public Contracts Code shall not apply to the bidding, contracting
and construction of the Eligible Public Facilities and the contracts for construction of the Eligible
Public Facilities need not require the payment of prevailing wages. Rather, the Eligible Public
Facilities shall be bid, contracted for and constructed in accordance with a funding and
acquisition agreement ("Acquisition Agreement") to be entered into between City and Master
Developer at the time of formation of the District. The Acquisition Agreement shall provide
additional detail, consistent with the provisions of this Development Agreement, with respect to
the District and the acquisition and construction of the Eligible Public Facilities with District
Proceeds.
City acknowledges Master Developer's current expectation that Master Developer will
construct street improvements curb-to-curb and Merchant Builders will be responsible for
constructing the sidewalks and other improvements within the public right-of-way between the
street and private property. In such instances, the proper party to receive reimbursement for the
improvement and the method ofreimbursement shall be set forth in the Acquisition Agreement
and related documents, with appropriate protection to the City to avoid a claim that the wrong
party received reimbursement.
5. Financing Parameters. City agrees to levy special taxes of the District and issue
District bonds in one or more series to finance the acquisition and construction of the Eligible
Public Facilities using the parameters set forth below:
a. A precondition to the issuance of bonds shall be that the value of the real
property subject to special taxes required to repay the bonds shall be at
least four (4) times the amount of the bonds and any other
govermnentally-imposed land-secured debt (excluding any proceeds of the
bonds to be deposited in an escrow fund) ("Minimum Value to Debt
Ratio"); provided, however, that City, its bond counsel, its financial
advisor and the underwriter of the bonds (collectively, the "City's
Financing Team") do not view such ratio as posing an unusual credit risk.
In circumstances where the principal amount of a series of bonds proposed
to be issued causes such series of bonds to fail to meet the Minimum
Value to Debt Ratio, the proposed principal amount of such bonds may
nevertheless be issued provided that a portion of such bonds in an amount
reasonably expected by the City to eligible to be released from such
escrow and expended within three (3) years from the date of issuance of
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such bonds is escrowed (the "Escrow Bonds") so that the non-escrowed
principal amount of such bonds shall meet the Minimum Value-to Debt
Ratio and provided further that, in the view of the City's Financing Team,
the use of such escrow structure will be financially feasible, will not create
an unusual credit risk to the holders of such bond and will reduce issuance,
administrative and interest costs, provide certainty as to the availability of
the proceeds of the bonds to fund the Eligible Public Facilities, and
facilitate efficiency in such funding and the construction of the Eligible
Public Facilities. Proceeds of such Escrow Bonds shall be eligible to be
released from such escrow only if and to the extent that the value of the
taxable property subject to the levy of special taxes securing such bonds
compared to the principal amount of the non-escrowed bonds following
such release shall meet the Minimum Value-to Debt Ratio.
b. Each series of bonds shall have a term of thirty (30) years; provided,
however, the term of any individual series of bonds may be less than thirty
(30) years if the District's authority to levy the special taxes securing the
payment of such bonds or the underwriting conditions in the market for
land secured bonds at the time of he issuance of such bonds require the
issuance of such bonds with a shorter term.
c. Each series of bonds may include up to eighteen (18) months of
capitalized interest or such other lesser amount as may be requested by
Master Developer and, as an exception to the Goals and Policies, such
amount may exceed the amount necessary to place the special tax
installments on the assessment roll.
d. Each series of District bonds to be issued for an Improvement Area shall
be sized based upon the estimated annual special tax revenues from such
Improvement Area at build-out being equal to one hundred ten percent
(110%) of (i) annual debt service, plus (ii) priority annual administrative
expenses. Priority annual administrative expenses to be funded from
special taxes shall not exceed 575,000 for each Improvement Area (the
"Priority Annual Administrative Expense Requirement").
The City may fund from bond proceeds for each series of bonds issued for
an Improvement Area an amount representing all administrative expenses
reasonably expected to be incurred by the City during the first twelve (12)
months following the date of issuance of such bonds (the "Administrative
Expense Proceeds"). Inasmuch as the City and the Master Developer
anticipate that there may be more than one series of bonds issued for each
Improvement Area, the City may elect to establish and maintain a single
administrative expense fund for each Improvement Area (the
"Improvement Area Administrative Expense Fund") separate and apart
from the funds and accounts established and held by the fiscal agent for
each series of bonds issued for such Improvement Area. The City shall
deposit all Administrative Expense Proceeds and all special tax revenues
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funding the Priority Administrative Expense Requirement for each
Improvement Area in the applicable Improvement Area Administrative
Expense Fund.
Additionally, the Master Developer shall, as a precondition to the closing
of the issuance of the second series of bonds for each Improvement Area
(the "Second Series Closing"), advance and deposit $ I 50,000 ("Master
Developer Deposit") with the City to be held by the City and utilized as an
administrative expense operating reserve (the "Administrative Expense
Reserve Requirement"). The City shaIl retain the Master Developer
Deposit for each Improvement Area in an account (each, an
"Administrative Expense Reserve Account") within the applicable
Improvement Area Administrative Expense Fund which the City may
maintain until the maturity of all bonds issued for the Improvement Area.
The City shaIl include in the special tax levy for each Improvement Area
for the first five (5) fiscal years foIlowing date of the Second Series
Closing for each Improvement Area the amount of $30,000 (in addition to
the Priority Administrative Expense Requirement amount) which shaIl,
upon receipt, be deposited into the applicable Administrative Expense
Reserve Account and the City shaIl thereafter transfer to the Master
Developer an equal amount in reimbursement of the Master Developer
Deposit.
The moneys on deposit in the Administrative Expense Reserve Account
for an Improvement Area shaIl be utilized by the City from time to time to
pay for administrative expenses incurred by the City for such
Improvement Area in excess of other amounts on deposit in the
Improvement Area Administrative Expense Fund. If and to the extent that
the City must during any fiscal year utilize funds on deposit the
Administrative Expense Reserve Account for an Improvement Area as
described in the preceding sentence so as to cause the balance in such
account to be reduced below the Administrative Expense Reserve
Requirement at the end of such fiscal year, the City may include an
amount in the special tax levy within such Improvement Area for the
following fiscal year to replenish the Administrative Expense Reserve
Account to the Administrative Expense Reserve Requirement.
e. The total effective tax rate within each Improvement Area applicable to
any residential parcel on which a residential dwelling has or is to be
constructed, taking into account all ad valorem property taxes, voter-
approved ad valorem property taxes in excess of one percent (1 %) of
assessed value, the annual special taxes of existing community facilities
districts and community facilities districts under consideration and
reasonably expected to be established (excluding special taxes for
maintenance), the annual assessments (including any administrative
surcharge) of existing assessment districts and assessment districts under
consideration and reasonably expected to be established (excluding
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assessments for maintenance and services), and the special taxes of the
District, shall not exceed two percent (2.00%) of the projected initial sales
price of the residential dwelling unit and such parcel, as projected at the
time of District formation.
f. Special taxes shall be levied on Developed Property within an
Improvement Area at the maximum assigned special tax rate prior to the
issuance of bonds to finance the Eligible Public Facilities. "Developed
Property" means a parcel for which a building permit has been issued.
"Undeveloped Property" shall mean all other taxable property. Special
Taxes may be levied on Undeveloped Property within an Improvement
Area only after the issuance of bonds and only to the extent the annual
debt service on the bonds, administrative expenses, the reasonably
anticipated delinquent special taxes based on (a) the average delinquency
rate for special taxes levied in the previous fiscal year in all community
facilities districts within that portion of the City commonly known as Otay
Ranch for the first fiscal year in which special taxes are levied and (b) the
delinquency rate for special taxes levied in the previous fiscal year within
the Improvement Area for all subsequent fiscal years in which the special
taxes are levied, and the reserve fund replenishment amount is not able to
be paid in full from Developed Property special taxes levied and collected
within the applicable Improvement Area.
g. All affordable housing units and rental units may, at Master Developer's
option, be exempted from special taxes ofthe District.
h. Full or partial prepayment of the special taxes shall be permitted.
1. As permitted by the Goals and Policies, at Master Developer's election at
the time of submittal of its written request and City's standard application
form pursuant to Section 2 above, the City shall allow the special taxes
applicable to non-residential, taxable property within an Improvement
Area to escalate by two percent (2%) per year and debt service on the
bonds to escalate at the same average rate as the special tax escalation.
J. At Master Developer's election at the time of submittal of its written
request and City's standard application form pursuant to Section 2 above,
the City shall, as an exception to the Goals and Policies, allow the special
t<L'{es to escalate by two percent (2%) per year and debt service on the
bonds to escalate at the same average rate as the special tax escalation if
and to the extent necessary to fill any Financial Gap (defined in paragraph
I. below) established pursuant to the provisions of paragraph I. below.
k. The City shall, as an exception to the Goals and Policies, allow the levy
and collection of special taxes so as to generate "Surplus Special Taxes" if
and to the extent necessary to fill any Financial Gap established pursuant
to the provisions of paragraph I. below. "Surplus Special Taxes" shall
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mean (i) District special taxes levied on Developed Property within an
Improvement Area prior to the issuance of bonds for such Improvement
Area and collected by the District, net of the amount required to pay
District administrative expenses, and (ii) District special taxes levied on
Developed Property within such Improvement Area at the maximum
special tax rate after the issuance of bonds for such Improvement Area and
collected each fiscal year in excess of the amount required (w) to pay
principal and interest on the District bonds issued for such Improvement
Area, (x) to pay all administrative expenses of the District related to such
Improvement Area and such bonds, (y) pay for reasonably anticipated
delinquent special taxes within such Improvement Area based on (1) for
the first fiscal year in which special taxes are levied in the Improvement
Area, the average delinquency rate for special taxes levied in the previous
fiscal year in all community facilities districts within that portion of the
City commonly known as Otay Ranch and (2) in all subsequent fiscal
years, the delinquency rate for special taxes levied in the previous fiscal
year within the applicable Improvement Area and (z) to replenish the
reserve fund for such District bonds to the applicable reserve requirement.
Special taxes on Developed Properties shall be levied by the District in
each Improvement Area in each fiscal year at the maximum assigned
special tax rate until the earlier of (i) Master Developer's submittal of its
final payment request for the Eligible Public Facilities and payment in full
for all amounts approved by the City for the Eligible Public Facilities, (ii)
the payment in full of all bonds of the Improvement Area, or (iii) until the
Master Developer has received the amount as shown in the Financial
Analysis (defined in paragraph 1. below) to be funded from Surplus
Special Taxes to pay for Eligible Public Facilities if and to the extent
necessary to eliminate the Financial Gap. Surplus Special Taxes collected
by the District shall be deemed District Proceeds and disbursed to
reimburse, by any mechanism reasonably acceptable to Master Developer
and City, Master Developer amounts approved pursuant to payment
requests submitted for the Eligible Public Facilities.
1. The City's conditional approval of the utilization of the fmancing
parameters set forth in paragraphs j. (the "Residential Escalator
Parameter") and k. (the "Surplus Special Tax Parameter") above is based
upon the special and unique benefits of the Project specified in Recital D.
to the Development Agreement and the Master Developer's
representations that the use of such financing parameters will be necessary
to ensure the financial viability of the Project. The City and Master
Developer agree that a financial analysis in the format set forth in
Attachment "1" hereto (the "Financial Analysis") shall be applied to the
Project following the submission by the Master Developer of the written
request that the City initiate proceedings to form a District and City's
standard application form pursuant to Section 2 above and prior to the
submission to the City Council for its consideration of the resolution of
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intention to establish such a District required pursuant to Government
Code Section 53320. If the Financial Analysis demonstrates the necessity
for the utilization of such financing parameters to reduce or eliminate the
fmancial gap, if any, of the Project calculated pursuant to the Financial
Analysis (the "Financial Gap"), the City agrees to approve the application
of such financing parameters to the District as necessary to eliminate the
Financial Gap. If the Financial Analysis demonstrates that the utilization
of the financing parameters in their entirety is not necessary to eliminate
the Financial Gap, the City may limit the use of such fmancing parameters
to the extent necessary to eliminate the Financial Gap. For example, if the
Financial Analysis demonstrates that only the application of the
Residential Escalator Parameter is necessary to eliminate the Financial
Gap, the City may elect to permit the application of only the Residential
Escalator Parameter to the District. As a further example, if the Financial
Analysis demonstrates that application of the Residential Escalator
Parameter at some percentage less than 2% per year, the application of the
Escalator Parameter for a limited period of years or the use of the Surplus
Special Tax Parameter to generate a specific limited amount of Surplus
Special Taxes, or some combination thereof, will be sufficient to eliminate
the Financial Gap, the City may elect to so limit the application of such
financial parameters.
m. The timing of the issuance and sale of each series of the bonds, the terms
and conditions upon which such bonds shall be issued and sold, the
method of sale of such bonds and the pricing thereof shall be reasonably
determined by the City and shall conform to the Goals and Policies, this
Financing Plan and the Acquisition Agreement. The sale of each series of
the bonds shall be subject to receipt by the City of a competitively bid or
negotiated bond purchase agreement which is acceptable to the City.
n. The rate and method of apportionment of special taxes for each
Improvement Area shall include provisions to allow for administrative
reductions in the maximum special taxes, prior to the issuance of bonds of
the Improvement Area, with the consent of the owner(s) of 100% of the
taxable property within the Improvement Area. In addition, as required by
the Goals and Policies, the Acquisition Agreement shall include provisions
requiring the partial prepayment of special taxes or assessments if
necessary in order to reduce the total effective tax rate applicable to a
residential dwelling to 2% of the actual sales price of such residential
dwelling. The rate and method of apportionment shall include
substantially the following language: "Prior to the issuance of Bonds, the
Assigned Special Tax, Backup Special Tax, and Maximum Annual
Special Tax (collectively the "Special Tax Rates") on Taxable Property
may be reduced in accordance with, and subject to the conditions set forth
in this paragraph. Upon the City's receipt of a written request including
written consent of 100% of the owners of Taxable Property within the
Improvement Area and the CFD Administrator, the Special Tax Rates on
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Taxable Property may be reduced to a level which will provide not less
than the sum of estimated Administrative Expense Requirement and one
hundred ten percent (110%) of the estimated debt service with respect to
the amount of bonds requested to be issued in such written request. If it is
reasonably determined by the CFD Administrator that the total effective
tax rate on residential property, as determined in accordance with the
Development Agreement, exceeds the maximum level allowed in the
Development Agreement, the Special Tax Rates may be reduced to the
amount necessary to satisfY the maximum allowable effective tax rate
requirement on residential property with the written consent of 100% of
the owners of Taxable Property within the Improvement Area, which
consent shall not be unreasonably withheld, and the CFD Administrator.
A certificate in substantially the form attached hereto as Exhibit "A" shall
be used for purposes of evidencing the required written consent and
effectuating the reduction to the Special Tax Rates. The reductions
permitted pursuant to this paragraph shall be reflected in an amended
Notice of Special Tax Lien which the City shall cause to be recorded."
6. Modifications. In order to address economic circumstances, Project revisions,
bond underwriting criteria or other factors consistent with the Project's development plan and
City and Master Developer's objectives with respect to the Project and the Eligible Public
Facilities: (i) the provisions of this Financing Plan may be modified at an administrative level
with the consent of both the City Manager and Master Developer, and (ii) City shall cooperate
with Master Developer to amend District boundaries, including boundaries of Improvement
Areas thereof, special tax rates, and other relevant aspects of the District structure. City agrees
and acknowledges that in connection with any such amendment it shall not impose or otherwise
require any additional infrastructure, development fee or other requirements or conditions with
respect to the Project or District; provided, however, the City may require the Master Developer
to advance funds to pay all reasonable costs incurred or to be incurred by the City in considering
any such amendment.
7. Compliance with Federal Tax Laws and U.S. Securities and Exchange
Commission (SEC) Requirements. In connection with the issuance of each series of bonds ofthe
District, City and Master Developer shall abide by all federal tax laws and regulations, as well as
all applicable SEC laws and regulations regarding both original and continuing disclosure.
Failure of Master Developer to comply with SEC disclosure requirements may preclude the
issuance of any additional bonds. The Master Developer shall include a provision in the sale of
any portion of the Property to a merchant builder that will require the merchant builder to
comply with all such laws and regulation.
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ATTACHMENT "I" TO EXHIBIT "c"
TO DEVELOPMENT AGREEMENT
FINANCIAL ANALYSIS
~
en
I
en
en
Year 1 Year 2 Year 3 Year 4 Year 5 YearO Year 7 YearS Year 9 Year 10 Total
$ $ $ $ $ $ $
TOTAL PROJECTED REVENUE $ - $ $ - - $
TOTAL PROJECTED IMPROVEMENT COSTS
AND PROJECT EXPENSES - - -
PROJECT CASH FLOW BEFORE eFe
REIMBURSEMENTS,
FINANCING - - - -
FORECASTED eFO REIMBURSEMENTS - - - - -
(not including escalator or surplus taxesj
PROJECT CASH FLOW BEFORE FINANCING - - -
FINANCING - - - - -
$ $ $ $ $ $ $
PROJECT CASH FLOW $ - $ - $ - $ - -
$ $ $ $ $ $ $
CUMULATIVE PROJECT CASH FLOW $ - $ $ - $ -
EQUITY AND PROJECT RETURNS
$
TOTAL FORECASTED EQUITY REQUIRED
FORECASTEDINVESTOR1RR
MINIMUM REQUIRED INVESTOR IRR
$
FINANCIAL GAP
SALIENT PROJECT ASSUMPTIONS
EXHIBIT "D"
DESCRIPTION OF LIBRARY FACILITIES
1. City shall complete the update of the library master plan to determine revised library size,
timing, funding sources for the EUC library. City agrees to consider both ownership and
leasehold interests for EUC library.
2. Within one year of completion of the updated library master plan, Master Developer will
enter into a Library Delivery Agreement which specifies the following:
a. Provide a legal parcel and/or condominium airspace or other interest,
subject to the approval of the City Manager, suitable for City public library purposes in
accordance with the adopted library master plan. Said parcel/airspace shall be located
west of Street "A" and north of the Civic Plaza. An alternative location may be approved
jointly by the City Manager and Master Developer.
b. Provide for adequate parking facilities and pedestrian access to
accommodate library visitors and employees. Library parking shall conform to the EUC
parking management plan and be included in a parking district formed within EUC.
c. Provide a timetable for delivery of library which is consistent with the
timing identified in the updated library master plan. Both parties agree to consider
alternative formats for the library or alternative timetables for implementation should
Master Developer be unable to obtain financing, on economically reasonable and
customary terms, to construct the library in its anticipated format, or should City not be
able to identify sufficient funding, per the timing identified in the updated master plan.
d. If the building intended to contain the library is constructed before City's
library construction time frame, Master Developer shall offer City the right to use and/or
occupy space within the building on the following terms:
i. City shall have sixty (60) days after Master Developer gives notice
that the space is available in which to accept Master Developer's offer.
ii. City shall pay Master Developer market-rate rent for Class A
office space for the space City uses and/or occupies.
111. Unless Master Developer in its sole discretion agrees to an
increase, the amount of area rented shall be the amount allocated to the library in
the adopted master plan.
iv. Unless Master Developer in its sole discretion agrees to an
increase, City may use the rented space only for library purposes.
D-l
16-67
EXHIBIT "E"
GENERAL OUTLINE FOR FIRE STATION PROPOSAL
I. Station Location and Reservation of Site. Station Location and Reservation of Site. The
station location is per the TM and the SPA Plan. Master Developer will reserve station
site, at the size shown on the TM, to City at first final "A" map which covers the planned
location. Any future relocation of the station site would require the approval of both the
Master Developer and the City. City agrees not to include an alternative site in the
updated Fire Master Plan without Master Developer approval. No relocation would
result in the Master Developer being obligated to provide a larger site or advance
improvements that would not otherwise be required for development existing at the time.
2. Station Design and Constmction Documents. Station Design and Constmction
Documents. The station will be constmcted via a design-build process, which may
include a pre-bid design process to refine / develop site planning and architectural
parameters and designs. Both parties shall cooperate in identifying bid parameters In
consultation with the City, Master Developer will bid, contract for, and manage the
design of the Fire Station. The bid package shall be circulated prior to the design review
approval of the first project which triggers the need for the station in accordance with the
PFFP for the Project. A list of pre-qualified bidders shall be developed, and all bidding
shall be accomplished in accordance with City policies. Both parties agree to cooperate
to ensure that the design of the station (approval of constmction documents) will be
completed within 8 months of final bid approval by the City Council.
3. Constmction. Upon final approval of the constmction documents, constmction of the
station shall commence and be diligently pursued to completion. Both parties agree to
cooperate to ensure completion of the station constmction within 12 months of
commencement of constmction. Delays in completing constmction of the station as a
result of the existence of Force Majeure or because of a City decision not to proceed shall
not result in the City withholding building permits for Development in the EUC which is
tied to completion or delivery of the station. Notwithstanding the foregoing, the City
may order that the constmction of the fire station be delayed for such period as the City
may specify if the commencement of constmction immediately following the final
approval would result in (a) a delay in the constmction of the Rancho Del Rey library or
(b) the necessity for the City to use funds other than PFDIF funds to pay that portion of
the scheduled debt service on the outstanding indebtedness of the City as of the Effective
Date (as defined in subsection 1.13 of the Agreement) incurred to finance the
constmction of PFDIF facilities that was at the time such indebtedness was incurred
intended by the City to be paid from PFDIF funds.
4. Funding. Costs for the fire station (including soft and hard costs) will be split evenly
between Master Developer and the City. Master Developer will not be responsible for
any costs added to the station project after award of the bid unless costs are agreed to by
both parties and are reimbursable through a fee program or other mechanism. Any costs
for equipment or constmction that is required by the City which is not consistent with the
fire component of the PFDIF program, or other reimbursement mechanism, will be the
responsibility of the City.
E-I
16-68
City shall identify the source of its half of the station costs prior to City approval of the
fire station construction documents. Master Developer will manage the construction
process until acceptance of the facility by the City.
Should the City not be able tD identify sufficient funds to cover its half of the obligation,
the fire service requirements may be satisfied through an increase in the staffing and
equipment as needed at existing Fire Station 7. Master Developer would be responsible
for any costs associated with this scenario, including equipment acquisition, that are
covered by a fee program, even if such fee program originally contemplated such
improvements or equipment to be located in a different physical location. Any costs
arising directly because of this alternative not covered by a fee program will be the
responsibility ofthe City.
Any delays to the timing of the construction of the new fire station, or implementation of
changes to Station 7, resulting from the inability of the City to identify and secure its
portion of the station funding, the election by the City to delay funding, or from a City
decision not to proceed, will not be cause for stopping Development in the Project or
imposition of additional building measures beyond those required to comply with
applicable Building Codes. City agrees to cooperate with Master Developer to identify
any costs resulting from any delay in City funding and to identify ways those costs can be
offset or reimbursed to Master Developer.
5. Credits. Master Developer will establish credits for its portion of the fire station costs
according to the City's existing policies on credit establishment and reimbursement.
Credits for the value of the land will be established upon acceptance of the land
dedication by the City. If the Station 7 overstaffing alternative is selected, Master
Developer shall receive credits for any payments for equipment for or other capital
improvements to Station 7 for which the Master Developer is entitled to receive such
credits made at the time of the such payments. Any credits established may be used by
Master Developer, or a successor identified by Master Developer, against obligations of
all different components of the PFDIF program.
6. Contract. The construction contract shall be a three party agreement between the winning
bidder, Master Developer, and the City. Payments on the contract will be made to the
winning bidder by Master Developer in accordance with the billing procedures in the
construction contract. City shall reimburse Master Developer for these payments, up to
the total amount of its obligation, from the funds identified by the City at the start of
construction (see item 4 above) within 30 days of Master Developer submitting a copy of
the invoice and proof of payment.
7. Construction Management. Master Developer will be responsible for managing the
construction of the fire station. City shall consider Master Developer as a qualified
builder should Master Developer elect to construct the station as the low bidder.
8. Completion. Completion of the station is defined as the date of acceptance of the facility
by the City, independent of any warranty period.
B-2
16-69
9. Interim Operation and Maintenance Funding. Master Developer will provide interim
funding for its fair share portion of the operation and maintenance costs of the EDC Fire
Station until the sooner of (1) such time as the total Ad Valorem property tax revenues
from the Project cover the Master Developer EDC's fair share portion of the station
operating costs or (2) until a fiscal analysis (in accordance with section 4.5 of the
Development Agreement) determines that total revenues generated by the Project
(including assessments, taxes, and other revenue sources as addressed in the City's fiscal
model) exceed the City's service costs (not including any fire costs) by an amount greater
than or equal to Master Developer's fair share responsibility of the station operating
costs.
The Project will be responsible for paying interim operating and maintenance costs at
percentages and levels, consistent with the Fire Master Plan adopted at the time the need
for the station is triggered, for all new equipment, staffing and facilities necessary to
service the Project. The Project's fair share responsibility has been determined to be: (i)
25% of the operating and maintenance costs for an engine company and (ii) 25% of the
operating and maintenance costs of a ladder truck company. Should the Fire Master Plan
adopted at the time the need for the station is triggered call for less fire stations in the
Eastern Planning Area than currently planned, Master Developer and the City shall meet
and confer on how to recalculate the Project's fair share responsibility of the operating
and maintenance costs.
Master Developer will pay the lesser of (I) the delta costs between the Project's total
property taxes and those percentages of the annual fire operating costs in any given year
or (2) the delta cost between the total net revenues generated by the overall Project (as
described in Section 4.5) and those percentages of the annual operating costs in any given
year. The total cumulative amount of this obligation will not exceed 51,750,000.00. Any
monies paid by Master Developer pursuant to this provision shall be considered as
project revenues in any annual fiscal studies conducted for the Project pursuant to section
4.5 of this agreement if any fire service costs are considered.
10. Alternatives. Except for the City's right pursuant to paragraph 3. to order the delay in the
construction of the fire station, nothing in this section shall limit the ability of the station
timing to be advanced by the applicant or of City to consider alternative means and
methods of providing service to the Project.
E-3
16-70
CITY COUNCIL
AGENDA STATEMENT
~I!f:.. (llY OF
.J~ (HUlA VISTA
September 15,2009, Item ,17
ITEM TITLE:
PUBLIC HEARlNG: Consideration of the Parks Agreement
Regarding Construction of Parks in a Portion of the Otay Ranch
Eastern Urban Center.
RESOLUTION: PCM 06-08 (C); Resolution of the City Council
of the City of Chula Vista approving the Parks Agreement
Regarding Construction of Parks in a Portion of the Otay Ranch
Eastern Urban Center
SUBMITTED BY:
DEPUTY CITY MANAGERlDEVELOPMENT SERVICES
DIRECTOR ~
CITY MANAGE.., U
4/5THS VOTE: YES D NO [i]
REVIEWED BY:
SUMMARY
The applicant, McMillin Otay Ranch, LLC, filed the Eastern Urban Center (EUC) Sectional Plan
Area (SPA) (PCM 06-08) on April 14,2006, and the Tentative Map (PCMS 09-03) on May 12,
2009. The EUC SPA defines the overall park and recreational program related to serving the
needs of the Project. The EUC SPA Plan includes a Parks Master Plan Program. Integral to the
successful implementation of the EUC Parks Master Plan Program is the development and
construction of EUC parks and recreation facilities. The EUC Park Agreement provides
assurances for the development and construction of the EUC parks and recreation facilities.
ENVIRONMENTAL REVIEW
The City's Environmental Review Coordinator (ERC) has reviewed the EUC Project and
determined that the Project would result in a significant impact to the environment; therefore, a
Second-Tier Environmental Impact Report (EIR-07-01) has been prepared. At their hearing on
August 26, 2009, the Planning Commission adopted Resolution No. EIR 07-01 recommending
the City Council consider certification of the Sccond- Tier Environmental Impact Report for this
Project (ETR-07-01), for the Otay Ranch Eastern Urban Center SPA Plan, Tentative Map and
related items including the Parks Agreement. While heard concurrently, the City C,?uncil's
consideration and decision on the EIR must precede any action on the other EUC applications.
The ERC has further determined that adoption of the Parks Agreement would have no new
impacts that were not analyzed in the EIR 07-01.
RECOMt'\1ENDATION: That the City Council adopt the Resolution.
17-1
September 15,2009
Item: /7
- -
Page 2 of7
BOARDS/COMMISSIONS RECOMMENDATION: The Planning Commission met on
August 26, 2009 and voted 6-0-0-1 to recommend Council approval of the Parks Agreement for
the Eastern Urban Center. Strike out/underline versions of the Parks Agreement is attached and
represents revisions to the conditions subsequent to Planning Commission action.
DISCUSSION:
R~('k(Trnnnrl
~
The Eastern Urban Center (EUC) will provide a network of public and private pedestrian spaces,
plazas, paseos, promenades, and squares to create a pedestrian and recreation-oriented
environment. Given the urban form of the EUC, parks and recreational facilities will include
innovative designs, including the integration of civic and resident-serving uses and the creation
and design of good public spaces that capitalize on the community's assets and inspire residents
and visitors. The design of the park program for the EUC reinforces the pedestrian nature of the
EUC. The park program is described in detail in the EUC SPA Plan's Urban Parks, Recreation,
Open Space, and Trails Plan, Section ILC, EUC Parks Obligation.
The EUC Parks Agreement is consistent with the overall parks and recreation program described
in the General Plan and the Otay Ranch General Development Plan, and responds to the urban
vision and form of the Eastern Urban Center SPA Plan. The EUC Parks Agreement establishes
the parameters for the design, development, and delivery of parks and recreation facilities for the
EUC. Figure I graphically depicts the overall EUC park and recreation facilities to be located
within the EUC (McMillin ownership).
Chula Vista Municipal Code (CVMC) Chapter 17.10 (Parklands and Public Facilities) sets forth
the requirement for the project to provide 23.36 acres of park and recreation facilities based on
the 3-acres/I,000 population formula. Chapter 17.10 also allows for requirements to be met both
within and outside the project. The EUC Park Agreement assures that sufficient parkland and
facilities, and an adequate amount of parkland in lieu fees will be provided to meet the EUC
recreational needs. The EUC park and recreation needs will be met on-site and off-site through a
combination of delivery of parks and recreation facilities, the payment of in-lieu fees, and credits
for construction of facilities "in lieu" of land consistent with the EUC parks master plan and
CVMC Chapter 17.10.
Consistent with the EUC SPA, the EUC Parks Agreement describes the overall park and
recreation obligation resulting from the residential component of the EUC project (2,983 multi-
family units). The overall park and recreation program consists of the following; a Civic Park, a
Town Square Park with its 40-foot wide connection to Street K, four urban scale neighborhood
parks, office plazas, and dedicated jogging/walking promenade amounting to approximately
15.63 acres of parkland and recreational facilities. Table I, summarizes the parks program
described in the EUC SPA Plan as well as the park and recreation components addressed in the
Parks Agreement. Figure 2 (EUC Site Utilization Plan) depicts the locations of EUC Areas I
through 10 referenced in Table 1.
17-2
September 15, 2009
1-,
Item: _! L
Page 3 of7
Table I
Pro nosed Parks and Eli<>ible Credits
Park Element Location
(Site Utilization Character Acres
Plan Designation)
Town Sauare Area 6 Town Square 2.28
Civic Plaza Mall Area 5 Civic Plaza 1.62
Northeast Residential Park Area 2 Urban Park 1.97
Southeast Residential Park Area 10 Urban Park 1.51
South-Central Residential Area 9 Urban Park 1.9
Park
Southwest Residential Park Area 8 Urban Park 3.6
Office Plazas, Jogging Path Areas 1,4 & 8 Urban Park 2.75
Promenade
Total Parkland: 15.63
In Lieu Fees - to be satisfied 5.88
by Credit for Parkland
Imnrovements
In Lieu Fees to be satisfied 1.85
by payment of equivalent
fees
Total In Lieu: 7.73
Total Parkland Renuirement 23.36
Difference: 0.00
As spelled out in the Parks Agreement, the difference between the 15.63 acres provided and the
required 23.36 acres is 7.73 acres. The 7.73 acres is satisfied through in lieu fees. McMillin will
receive a credit for a portion of the in lieu fees, an amount representing 5.88 acres of parkland
dedication and development, for providing additional park and recreational improvements to the 15.63
acres of dedicated parkland. These additional improvements would result in enhanced park amenities
(such as performance stage, civic art, ornamental garden, etc.), which would allow the parks to
achieve a higher level of improvements not typically associated with public parks. Another portion of
the in lieu fees, an amount representing 1.85 acres of developed parkland, will be paid by McMillin at
three development milestones: (i) fees equivalent to .63 acres shall be paid prior to approval of the
first fmal map; (ii) fees equivalent to .61 acres will be paid prior to approval of the fmal map that
includes the 1,000th unit; and (iii) fees equivalent to .61 acres will be paid prior to approval of the final
map that includes the 2,000th unit.
CVMC 17.10.070 allows the City to deem that a combination of dedication of parkland and the
payment of in lieu fees would better serve the public and the park and recreation needs of future
17-3
September 15, 2009
Item: -~il
Page 4 of7
residents of the project if in the judgment of the City, suitable land does not exist. Furthermore CVMC
17.10.080 states that the amount and location of the land or in lieu fees, or combination thereof, shall
bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants
of the subdivision. The Parks Agreement is consistent with the requirements of CVMC Chapter
17.10.
The FTJr Park< Ae-reement
The EVC Parks Agreement (Attachment I) identifies the overall park obligation generated by the
project and describes how the obligation will be met.
Section 1 of the EVC Parks Agreement provides the overall regulatory framework for the EUC
parkland and recreation facility obligations related to the EUC. Compliance to regulatory
requirements and agreement definitions are presented.
The Parks Agreement (Section 2) addresses compliance with Chula Vista Municipal Code
(CVMe) Chapter 17.10 requirements pertaining to parkland acreage dedication and parkland
development. More specifically Section 2 of the Park Agreement addresses the types of parks
and recreation facilities, the level of improvements at each future park, and the construction and
timing for delivery of parks. Additionally, the Parks Agreement Section 2 discusses the credit to
be received by the Developer for the delivery and payment of in-lieu fees and equivalent park
improvements.
The EVC project has a projected build-out timeframe of approximately 20 years. As the park
program for the EVC is implemented over those 20 years, construction costs are expected to
increase over time as well. To address the issue of increases in construction costs over time,
Section 3 of the Parks Agreement describes how the escalation of park construction costs are to
be addressed to assure adequate funds will be available when actual park construction occurs.
As a vibrant urban center, the EVC will serve as a venue for a variety of public activities and
events. This is consistent with the vision described in the Otay Ranch GOP and the EVC SPA
Plan. Section 4 of the Parks Agreement addresses event programming in public and private parks
within the EVC. In concert with Section 4, Section 6 of the Parks Agreement identifies
requirements for public park and private park rents and concessions, as well as use of net
proceeds related to such activities.
Maintenance requirements and obligations for public and private parks within the EVC are
addressed in Section 5 of the Parks Agreement. Due to the high quality of EUC public park
features, the City and the Developer will share the cost for maintenance. As the project develops
over time and the ownership of private parks and recreation features transfers to a homeowners'
association, maintenance of private parks and recreational features will transfer from the
developer to a homeowners' association.
17-4
September 15, 2009
Item: !7
Page 5 on
_ _ _ _ , I Figure 1
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Eastern Urban Center tit.
Olay Ranch ...
17-5
September 15,2009
I Figure 2
Site Utilization Plan
Eastllm Urban CenlerOi$1ricl$ ~
i~.1t: Ga!~Mh<odUseCt>mmctdalOi:Ma 22..7
'2 Nortbeas!It/TI.Ncq,i>or_OClro;:l 132
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Notes,
f, . Numeric Area Symbols do nOI recresllnf phases.
2. ThEl'"I/oc../i"" ofm/ensrIY"n &ac.~ dlstrict:Jha// he
Lms~'<ion Ihel;uj/d;r,gho'9htrogu'.nlionslllIhoEUC
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~ astern Urban Center
. OTAY RANCH
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17-6
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..._...~,~"...- m.
;~ ii'
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1129foe
Item: ! 7
Page 6 of7
I
September 15, 2009
Item: /7
Page 7 of7
DECISION-MAKER CONFLICTS:
No Property within 500 feet:
Staff has reviewed the property holdings ofthe City Council members and has found no property
holdings within 500 feet ofthe boundaries of the property that is subject to this action.
CONCLUSION:
The EUC Parks Agreement is consistent with the goals and policies of the General Plan, the Otay
Ranch GDP, the EUC SPA Plan, and with the provisions of the Parkland Ordinance (CVMC
Chapter 17.10). Staff recommends that the City Council adopt the attached resolution
rccommending approval of the Eastern Urban Center Parks Agreement for the Construction of
Parks in a Portion of Otay Ranch Eastern Urban Center.
FISCAL IMPACT
Current Year:
The processing costs for the EUC Parks Agreement and all supporting documents were funded
by a developer deposit account. This account funded city staff and consultants representing the
city who worked on the EUC.
On Going Years:
Implementation cost of the EUC Parks Agreement will be funded through future developer
deposit accounts associated with future development applications (final maps). Future cost
related to park construction and increases in park construction costs over time, will be covered by
the Developer, as spelled out in the Parks Agreement. Please refer to the Development
Agreement stalI report for additional discussion of on going fiscal impacts.
A tti'H'nmf'nt.;:;"
I. Planning Commission Resolution
J\Planning\Otayranch\Eastern Urban Center SPA\2005 SPA-peM 99-07\Public Hearings-Workshops\City Council Hearing Package 2009
17-7
RESOLUTION NO. PCM 06-08(C)
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA RECOMlVIENDING CITY COUNCIL
APPROVAL OF THE EASTERN' URBAl"{ CENTER PARKS
AGREEMENT FOR THE CONSTRUCTION OF PARKS IN A
PORTION OF OTA Y RANCH EASTERt'l URBAN CENTER
WHEREAS, On April 14, 2006, the applicant, McMillin Otay Rmch, LLC, filed the Eastern
Urban Center (EUC) Sectional Plan Area (SPA) for a portion of Otay Ranch, called the Eastern
Urban Center ("EUC"); and
WHEREAS, McMillin owns 206.6 acres of the EUC area ("McMillin Property"), whose
legal description is shown in Exhibit A of Attachment 1 hereto along with a map of McMillin EUC
property which is governed by the Agreement; and
WHEREAS, the EUC is the focal point for the eastern planning area, and is comprised of a
vibrant and intense mixture of land uses in an urban setting envisioned attract a different
demographic profile than the surrounding suburban development in Otay Ranch; and,
WHEREAS, such an area's successful implementation ofthe EUC requires an emphasis on
place making in the public realm, including parks and other public spaces; and,
WHEREAS, the City's General Plan and Otay Ranch General Development Plan
contemplate the development of standards for both public and private uses, unique to the Eastern
Urban Center, to help create this urban character; and,
WHEREAS, the EUC Parks Agreement reflects these unique approaches in applying City
standards needed to accomplish the vision ofEUC contemplated by the General Plan and the Otay
Ranch GDP; and,
WHEREAS, California Government Code 9966477, et seq. (the "Quimby Act") and the
City's Parklands and Public Facilities Ordinance, [Chula Vista Municipal Code ("CYMC") Chapter
17.10 ("PLDO")], as amended, requires that development projects provide land and improvements
for neighborhood and community parks and recreational facilities, allow for a credit against the
payment of fees or dedication ofland ifthe subdivider provides park and recreational improvements,
and permit the City to require a combination of dedication and payment of in-lieu fees if the City
determines that the combination would better serve the public;
WHEREAS, the EUC Parks Agreement implements the requirements of the EUC SPA Plan,
the PLDO, the Quimby Act and the conditions of approval of tentative maps for the McMillin
Property by establishing park land dedication, improvement and additional in-lieu fee requirements
which satisfy park requirements for the McMillin Property; and,
'\YHEREAS, the CYMC Chapter 17.10 requirements have been, and will be imposed on the
McMillin Property through conditions of approval of tentative maps and supplemental subdivision
improvement agreements; and,
17-8
Planning Commission Resolution No. PCM 06-08(C)
Page 2
WHEREAS, the City's Environmental Review Coordinator has reviewed the EUC Project
and determined that the EUC Project would result in a significant impact to the environment,
therefore, a Second-Tier Environmental Impact Report (EIR 07-01) has been prepared; and,
WHEREAS, the Planning Commission has considered and adopted a recommendation of
certification of the Final Second Tier Environmental Impact Report (EIR 07-0 I) for the Otay Ranch
Eastern Urban Center SPA Plan, Tentative Map and related items including the Parks Agreement;
and,
WHEREAS, the Parks Agreement, attached as Attachment 1, between the City and
McMillin Otay Ranch LLC encumbers that portion of the EUC owned by McMillin Otay Ranch
LLC.
NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the
Planning Commission, the Commission has determined that the Otay Ranch Eastern Urban Center
Parks Agreement is consistent with the City of Chula Vista General Plan, the Otay Ranch General
Development Plan, and all other applicable Plans, and that the public necessity, convenience, general
welfare and good planning practice support the approval.
BE IT FURTHER RESOL VED THAT THE PLANNING COMMISSION recommends
that the City Council adopt a resolution approving the EUC Parks Agreement for the construction of
parks in a portion of Otay Ranch Eastern Urban Center between McMillin Otay Ranch LLC and the
City ofChula Vista substantially in accordance with the findings contained in the draft City Council
Resolution attached as Attachment 2 to this Resolution.
BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the owners
of the property and the City Council.
PASSED AND APPROVED BY THE PLAN1'.'ING COMMISSION OF CHULA
VISTA, CALIFORNIA, this 26th day of August 2009 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
Vinson, Spethman, Moctezuma, Tripp, Felber, Thompson
Cl ayton
ABSTENTIONS:
,
ATTEST:
Diana Vargas, Secretary
17-9
Planning Commission Resolution No. rCM 06-08(C)
Presented by:
., ACP
Manager/Development Services Director
17-10
Page 3
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE AGREEMENT REGARDING
CONSTRUCTION OF PARKS IN A PORTION OF OTAY
RANCH EASTERN URBAN CENTER
WHEREAS, On April 14, 2006, the applicant, McMillin Otay Ranch, LLC, filed the Eastern
Urban Center (EUC) Sectional Plan Area (SPA) for a portion of Otay Ranch, called the Eastern
Urban Center ("EUC"); and
WHEREAS, McMillin owns 206.6 acres of the EUC area ("McMillin Property"), whose
legal description is shown in Exhibit A of Attachment 1 hereto along with a map of McMillin EUC
property which is governed by the Agreement; and
WHEREAS, the EUC is the focal point for the eastern planning area, and is comprised of a
vibrant and intense mixture of land uses in an urban setting envisioned to attract a different
demographic profile than the surrounding suburban development in Otay Ranch; and
WHEREAS, such an area's successful implementation of the EUC requires an emphasis on
place making in the public realm, including parks and other public spaces; and
WHEREAS, the City's General Plan and Otay Ranch General Development Plan contemplate
the development of standards for both public and private uses, unique to the Eastern Urban Center, to
help create this urban character; and
WHEREAS, the EUC Parks Agreement reflects these unique approaches in applying City
standards needed to accomplish the vision ofEUC contemplated by the General Plan and the Otay
Ranch GDP; and
WHEREAS, California Government Code 9966477, et seq. (the "Quimby Act") and the
City's Parklands and Public Facilities Ordinance, [Chula Vista Municipal Code ("CVMC") Chapter
17.10 ("PLDO")], as amended, requires that development projects provide land and improvements
for neighborhood and community parks and recreational facilities, allow for a credit against the
payment of fees or dedication ofland if the subdivider provides park and recreational improvements,
and permit the City to require a combination of dedication and payment of in-lieu fees if the City
determines that the combination would better serve the public; and
WHEREAS, the EUC Parks Agreement implements the requirements of the EUC SPA Plan,
the PLDO, the Quimby Act and the conditions of approval of tentative maps for the McMillin
Property by establishing park land dedication, improvement and additional in-lieu fee requirements
which satisfy park req uirements for the McMillin Property; and
17-11
WHEREAS, the CVMC Chapter 17.10 requirements have been, and will be imposed on the
McMillin Property through conditions of approval of tentative maps and supplemental subdivision
improvement agreements; and
WHEREAS, the City's Environmental Review Coordinator has reviewed the EUC Project
and determined that the Project would result in a significant impact to the environment, therefore, a
Second-Tier Environmental Impact Report (EIR 07-01) has been prepared; and
WHEREAS, the Planning Commission considered the Final Second Tier Environmental
Impact Report (EIR 07-0 I) for the Otay Ranch Eastern Urban Center SPA Plan, Tentative Map and
related items including the Parks Agreement; and
WHEREAS, the City Council certified the Final Second Tier Environmental Impact Report
(EIR 07-01) for the Otay Ranch Eastern Urban Center SPA Plan, Tentative Map and related items
including the Parks Agreement; and
WHEREAS, from the facts presented to the Planning Commission at the Commission
hearing on August 26, 2009, the Commission detennined that the Otay Ranch Eastern Urban Center
Parks Agreement is consistent with the City of Chula Vista General Plan, the Otay Ranch General
Development Plan, and all other applicable Plans, and that the public necessity, convenience, general
welfare and good planning practice support the approval; and
WHEREAS, the Parks Agreement, attached as Attachment 1, hereto between the City and
McMillin Otay Ranch LLC encumbers that portion of the EUC owned by McMillin Otay Ranch
LLC.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista
does hereby approve the Agreement regarding construction of parks in a portion of Otay Ranch
Eastern Urban Center between McMillin Otay Ranch LLC and the City of Chula Vista, a copy of
which is kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that it is the intention of the City Council that its adoption of
this Resolution is dependent upon the enforceability of each and every term, provision and condition
herein stated; and that in the event that anyone or more terms, provisions, or conditions are
determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this
resolution shall be deemed to be automatically revoked and of no further force and effect ab initio.
Presented by
Approved as to form by
g.f~~)
<Bart Ndieseld \:
. \city Attorney
Gary Halbert, AICP, PE
Deputy City Manager /
Development Services Director
17-12
THE A TT ACHED 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
0;L03.!
/
Bart C. Miesfeld
City Attorney
Dated: (I (~/v,
AGREEMENT REGARDING CONSTRUCTION
OF PARKS AND IN A PORTION OF
OTA Y RANCH EASTERN URBAN CENTER
17-13
Recording Requested By:
and
When Recorded Mail To:
City Clerk
City ofChula Vista
276 Fourth Avenue
Chula Vista, California 91910
EXEMPT FROM RECORDER'S FEES
Pursuant to GOVERNMENT CODE 96103
(ABOVE SPACE FOR RECORDER'S USE ONLY)
AGREEMENT REGARDING
CONSTRUCTION OF PARKS IN A PORTION OF
OTAY RA1~CH EASTERN URBAN CENTER
THIS AGREEMENT REGARDING CONSTRUCTION OF PARKS IN A PORTION
OF OT A Y RANCH EASTERN URBAN CENTER ("Agreement") is made as of this _ day
of , 2009, by and between the CITY OF CHULA VISTA, a California municipal
corporation and charter city ("City") and McMILLIN OT A Y RANCH LLC, a Delaware limited
liability company ("McMillin") with reference to the following facts:
WHEREAS, Otay Ranch is a master planned community within City that consists of
various "Villages." A portion of Otay Ranch, called the Eastern Urban Center ("EDC"), will
consist of a high-intensity mixture of retail, employment, civic, cultural and medium-high-to-
urban-core levels ofresidential uses;
WHEREAS, McMillin owns approximately ninety percent of the EUC area. The legal
description of the approximately 206.6 acres of EUC owned by McMillin ("McMillin
Property"), which is the subject of this Agreement, is shown on Exhibit A hereto along with a
map ofEVC showing the remainder, owned by other owners ("Other Owner Property"), which
is not governed by this Agreement;
WHEREAS, California Government Code 9966477, et seq. (the "Quimby Act") and the
City's Parklands and Public Facilities Ordinance, [Chula Yista Municipal Code ("CYMC")
Chapter 17.10 ("PLDO")], as amended, require that development projects provide land and
improvements for neighborhood and community parks and recreational facilities, allow for a
credit against the payment of fees or dedication of land if the subdivider provides park and
recreational improvements, and permit the City to require a combination of dedication and
payment of in-lieu fees ifthe City determines that the combination would better serve the public;
Attachment 1 to Resolution
17-14
Page 1 of 22
WHEREAS, the PLDO's requirements have been and will be imposed on the McMillin
Property through conditions of approval of tentative maps and supplemental subdivision
improvement agreements;
WHEREAS, the Quimby Act, the PLDO and the Otay Ranch General Development Plan
("GDP") parks and open space policies require that EVe provide 3 acres of neighborhood and
community parks per I ,000 residents;
WHEREAS, approximately 23.36 acres of Parkland would be required of the McMillin
Property. This figure is based on the PLDO's assumption that there will be an average of 2.61
residents in each of the 2,983 multi-family units in the McMillin Property and its (and the
GDP's) requirement to provide 3.0 acres per thousand residents - i.e., 2,983 units times 2.61
residents per unit times 3 acres per [divided by] 1,000 residents equals 23.36 acres;
WHEREAS, the GDP policies: (i) state that the EVe will provide local parks, town
squares, plazas or other park facilities to meet its needs, pursuant to the EUe Parks Master Plan,
which may include variations from conventional parkland standards; and (ii) allow pedestrian
spaces, plazas, promenades and town squares to be credited toward satisfying the EVe park
requirement;
WHEREAS, the SPA Plan for EUe anticipates that EVe will provide sufficient area and
facilities to meet its recreational needs on-site and a portion of its recreational needs will be
provided through the payment of in-lieu fees. The SPA-level parks master plan considers the
needs and standards identified in the framework strategy prepared for the University study area
and the EVe-specific policies of the General Plan and GDP, which allow variations from
conventional parkland standards. Thus, EVe will provide a network of public and private
pedestrian spaces, plazas, paseos, promenades, and squares to create a pedestrian and recreation-
oriented environment, with additional fees paid "in lieu" of land consistent with the EVe parks
master plan and PLDO. In addition to traditional parks, EVe will receive a credit for the 2.75
acres of additional recreational facilities provided in districts 1, 4 and 8 in the form of dedicated
jogging paths and office plazas;
WHEREAS, the parties intend by this Agreement to implement the requirements of the
EUe SPA Plan, the PLDO, the Quimby Act and the conditions of approval of tentative maps for
the McMillin Property by establishing park land dedication, improvement and additional in-lieu
fee requirements which satisfy park requirements for the McMillin Property;
WHEREAS, the eity's General Plan contemplates development of EVe as the focal
point for the east area plan, with EUe comprised of a vibrant and intense mixture of land uses in
an urban setting. Similarly, the San Diego Association of Governments has identified EUe as a
smart growth urban center. These urban centers attract a different demographic profile than the
surrounding suburban development in Otay Ranch, so successful implementation requires that an
emphasis be placed on placemaking in the public realm, including as to parks and other public
spaces. The General Plan also contemplates the development of standards for both public and
private uses, unique to the Eastern Urban Center, to help create this urban character. This
Agreement reflects these unique approaches in applying eity standards needed to accomplish the
vision of Eue contemplated by the General Plan and the Otay Ranch GDP;
Attachment 1 to Resolution
17-15
Page 2 of 22
WHEREAS, City, by entering into this Agreement, finds that, due to the unique, urban,
high-density nature of the EUC, suitable land does not exist to satisfy the entire 23.36 acre
parkland dedication requirement solely through the dedication of parkland and improvements;
the City further finds that, as a result, public interest and the park and recreation needs of the
future EUC residents would be better served through a combination of parkland dedication,
parkland development improvements and in-lieu fees; (an approximate estimate of park costs
appears in Exhibit F hereto); and
WHEREAS, this Agreement does not increase or decrease any park obligations but
instead clarifies responsibility for the PLDO requirements attributable to the McMillin Property
by addressing the amount of land required, in-lieu fee payment required, park design, park
construction, bonding, the level of amenities to be provided, event programming, and the funding
of maintenance.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
1. Definitions. In addition to terms defined in the Recitals, the following terms shall
have the indicated definitions throughout this Agreement:
1.1 "Association" means the property owners' (home or business) association
whose territory includes the obligation to operate and maintain a private Urban Park or Urban
Recreational Facility.
1.2 "Commence Construction" means a construction permit or other such
approval necessary to commence construction has been issued by the City and construction
staging has begun.
1.3 "Complete Construction" means that construction of a park has been
completed to the reasonable satisfaction of City's Director of Development Services, exclusive
of the warranty period.
1.4 "CYMC" means City's Municipal Code.
1.5 "District" means a planning district within the McMillin Property as
shown on Exhibit B.
1.6 "Escalator" means the percentage change in construction costs calculated
pursuant to CYMC 917.10.110, which outlines park development fee updates, from the month of
approval of this Agreement to the month of issuance of the construction permit for anyone park.
1. 7 "In-Lieu Fees" means park acquisition and parkland development fee
obligations pursuant to California Goverrunent Code 966477 and City's PLDO.
1.8 "IOD" means irrevocable offer of dedication.
1.9 "Park Improvements" means the improvements per the City-approved
park construction documents.
Attachment I to Resolution
17-16
Page 3 of22
1.10 "Park Master Plan" means the Master Plan as defIned in the Chula Vista
Landscape Manual Section One - Submittals.
1.11 "Turnkey" means designed and constructed consistent with the provisions
of the Chula Vista Landscape Manual, the SPA Plan, and related Development Services
Department specifIcations and policies in effect on the date of this Agreement, and ready for use
without any further Improvements required, including provision for a City Council-approved
three-party agreement among McMillin, City and a landscape architect for the design and
preparation of a specifIc Park Master Plan and preparation of construction documents.
1.12 "Urban Parks" means the six publicly or privately owned parks shown
conceptually on Exhibit B.
1.13 "Urban Recreational Facilities" means the offIce plazas and jogging
paths within Districts I, 4, and 8 shown conceptually on Exhibit B and described in the EUC
SPA Plan.
1.14 "Value Engineering Guidelines" means the guidelines in Exhibit C.
2. Satisfying PLDO. McMillin shaIl satisfy the PLDO for the McMiIlin Property
by providing the following: 12.88 acres of Urban Parks, 2.75 acres of Urban Recreational
Facilities, and In-Lieu Fees in an amount equivalent to the parkland and parkland improvement
value of 7.73 acres.
2.1 Urban Parks. McMillin shaIl provide approximately 12.88 acres of land
with Park Improvements, pursuant to CYMC 9917.10.040 and 17.10.050, as Urban Parks on the
foIlowing terms:
(a) Park Master Plan and Approval of Construction Documents.
McMiIlin shall use City's customary procedures to design, and obtain City approval of
the designs of, Urban Parks. AIl Park Master Plan designs and design approvals shall be
consistent with the EUC SPA Plan, the PLDO and the City's Landscape Manual. Each
Park Master Plan shall be processed through the following steps:
(i) City and McMillin shall enter into a three party agreement
with a landscape architect to design a Park Master Plan and prepare construction
documents, to the satisfaction of the Director of Development Services.
(ii) In order to facilitate the Park Master Plan and Construction
Document process and milestones identified in the City's Landscape Manual, City
and McMillin shall hold a scoping meeting at the beginning of the design process
for each Urban Park to confIrm the design intent of the particular Urban Parkes)
and to identify applicable City requirements prior to initiating design work.
City and McMillin acknowledge the need for close coordination during the design
phase to ensure the fInal, approved documents reflect the intent of the Eastern
Urban Center Urban Parks, Recreation, Open Space and Trails Plan and other
applicable City requirements. City and McMillin also acknowledge that
Attachment 1 to Resolution
17-17
Page 4 of 22
refmement to the process may be appropriate over the term of this Agreement to
improve the design, review, delivery and ongoing operation of the EUC Urban
Parks. To accomplish this end result, a "post design-construction" meeting shall
be held among City, McMillin and the design tearn to identify areas where actions
can be taken (design, materials, construction coordination, phasing, delivery,
maintenance, etc.) that could improve the design and delivery of each subsequent
Urban Park.
(b) Level of Improvements. The Improvements for each Urban Park
provided pursuant to this Agreement shall be in Turnkey condition and consistent with
the SPA Plan and Exhibit F. As adjacent land uses are defined, McMillin or City may
propose that facilities to be provided within each Urban Park be modified or rearranged
to complement adjacent land uses. Such changes are subject to City review and approval.
(c) Construction/Timing. McMillin shall provide City an rOD for the
land needed for each Urban Park as a condition of approval of a final subdivision map for
the area that includes that Urban Park. McMillin shall Commence Construction of each
Urban Park consistent with Exhibit D hereto, "Thresholds for Parks and Facilities."
McMillin shall then pursue that Construction diligently to Completion. The Completion
of Construction for each EUC Urban Park shall be consistent with Exhibit D. In addition,
McMillin shall submit for City review and obtain City approval of the construction
budget for each Urban Park and Town Square park prior to park construction
Commencement. Construction budgets, established at the time construction documents
are submitted, should reflect both the base requirement established by the parkland
development component of the PLDO and the proportionate amount of In-Lieu Fee of
5.88 acres being applied.
(d) Boundary Adjustments. The parties agree that minor adjustments
to Urban Park boundaries may be appropriate to optimize the interface with adjacent
development. All such adjustments shall be subject to City review and approval. Nothing
in this section shall be construed as allowing any reduction in the overall acreage of
Urban Parks, but additional acreage provided may result in a credit at City's discretion.
(e) Documentation of Costs. McMillin shall, within sixty (60) days of
Completion of Construction, provide City, for its review and approval, all documentation
City reasonably requires to evidence the completion and costs of each Urban Park,
reflecting as necessary the provisions of section 3 of this Agreement. City approval of
that cost documentation shall constitute confirmation of the acreage and acreage
equivalencies provided thereby.
(f) Title. For public Urban Parks, City shall accept title pursuant to its
customary procedures. For private Urban Parks, McMillin shall irrevocably and without
charge grant City a right of public use and access over, through, and across said facilities
for park and recreation purposes. City shall accept and provide credit for Urban Parks on
land subject to easements so long as the land is usable open space and a park use would
not be inconsistent with the easements, such as underground sewer easements.
Attachment 1 to Resolution
17-18
Page 5 of 22
2.2 Urban Recreational Facilities. McMillin shall provide 2.75 acres of Urban
Recreational Facilities in Districts 1,4 and 8, conceptually shown on Exhibit B and as described
in the EUC SPA Plan, on the following terms. City has determined that these Urban
Recreational Facilities are usable for active recreational uses and, therefore, eligible as a credit
toward McMillin's parkland dedication requirement, pursuant to the PLDO.
(a) Urban Recreational Facility Park Credit. McMillin shall receive
2.75 acres of parkland dedication and improvement credit for delivery of Urban
Recreational Facilities within Districts 1, 4 and 8. City shall require the construction of
the Urban Recreational Facilities as shown in Exhibit B. Prior to the approval of a final
map containing an Urban Recreational Facility, the applicant shall provide and secure an
engineer's cost estimate for the on-site Urban Recreational Facilities.
(b) Implementation. McMillin or the successor owner of the affected
part of the McMillin Property shall, in accordance with the timing set forth in Exhibit D,
"Thresholds for Parks and Facilities," provide City for review and obtain City approval
for construction plans for Urban Recreational Facilities. McMillin shall also provide
City, for its review and approval, master Association covenants, conditions and
restrictions to document responsibility for long term maintenance. Improvement plans
for Urban Recreational Facilities shall be reviewed by the Zoning Administrator pursuant
to the SPA and City's customary improvement plan review procedures. All designs shall
be consistent with the EUC SPA Plan and City's applicable regulations.
(c) Construction/Timing. McMillin shall construct each Urban
Recreational Facility, or the contained segment, concurrently with development of the
surrounding community and in accordance with the timing set forth in Exhibit D. Unless
other timing or phasing is approved as part of a discretionary permit, all such facilities
shall be completed prior to request for final inspection for the first residential unit or non-
residential space in Districts 1, 4 and 8 containing said facility segment. In addition, the
applicant shall submit for City review and obtain City approval of the construction
budget for each Urban Recreational Facility, or segment thereof, prior to Commencement
of Construction. Construction budgets should reflect both the base requirement
established by the parkland development component of the PLDO and the proportionate
amount of In-Lieu Fee of 5.88 acres being applied, as described in section 2.3, below.
(d) Documentation of Costs. McMillin shall, within sixty (60) days of
Completion of Construction, provide City, for its review and approval, all documentation
City reasonably requires to evidence the completion and costs of each Urban Recreational
Facility. City approval of that cost documentation shall constitute confirmation of the
acreage and acreage equivalencies provided thereby. Should more than a total of 2.75
acres of Urban Recreational Facilities be delivered in Districts 1, 4 and 8, then the
applicant may transfer that balance within the EUC to offset other parks obligations or
establish credits for future use subject to the review and approval of the Director of
Development Services. Should the applicant deliver less than a total of 2.75 acres of
Urban Recreational Facilities in Districts 1, 4 and 8 then the applicant shall provide the
balance in either (a) additional acreage or equivalency in EUe Urban Parks, (b)
additional improvements in EUC Urban Parks and/or (c) pay fees equivalent to the
Attachment 1 to Resolution
17-19
Page 6 of22
balance of acreage based on the City fees in effect at the time subject to the review and
approval of the City Engineer.
(e) Boundary Adjustments. The parties agree that minor adjustments
to Urban Recreational Facility boundaries may be appropriate to optimize the interface
with adjacent development. All such adjustments shall be subject to City review and
approval. Nothing in this section shall be construed as allowing any reduction in the
overall acreage of Urban Recreational Facilities, but additional acreage provided may
result in a credit at City's discretion.
(f) Title. City shall accept and provide credit for Urban Recreational
Facilities on land subject to easements so long as the land is usable open space consistent
with the SPA and a recreational use would not be inconsistent with the easements, such
as underground sewer easements.
2.3 Credit Against In-Lieu Fees. City has determined that McMillin may
satisfy 7.73 acres of McMillin's PLDO obligation through In-Lieu Fees. McMillin will provide
park and recreational improvements to the dedicated land described in sections 2.1 and 2.2,
above, equivalent to the value of 5.88 acres of parkland dedication and development, for which
McMillin will receive a credit against the payment of 5.88 acres of In-Lieu fees. The park and
recreational improvements shall be provided as follows.
(a) Implementation. McMillin shall deliver physical improvements,
beyond the base level accounted for in the PLDO development fee, in the public Urban
Parks, private Town Square, and the Urban Recreational Facilities. Only the cost of
those enhancements consistent with EUC SPA Plan and approved by City and McMillin
shall be eligible for credit against the payment ofIn-Lieu Fees.
(b) Acreage Equivalency. The value of the additional park and
recreational improvements to the Urban Park, private Town Square, and/or an Urban
Recreation Facility shall be converted to an equivalent acreage as shown in Exhibit E,
"Monitoring TablelEquivalency Calculations," based on the PLDO as of the effective
date of this Agreement, adjusted by the Escalator pursuant to Section 3.
(c) Documentation of costs. McMillin shall, within sixty (60) days of
Completion of Construction of each Urban Park, Town Square or Urban Recreational
Facility for which McMillin seeks credit toward payment of In-Lieu Fees, provide City
all documentation City reasonably requires to evidence the amount expended on park and
recreational improvements, beyond the base level accounted for in the PLDO
development fee. City approval of that cost documentation shall constitute confirmation
of the acreage and acreage equivalencies provided thereby.
(d) Additional Credit. Should McMillin expend or invest more than
the equivalent of 5.88 acres of parkland dedication and development on approved
facilities, with costs documented in accordance with Section 2.3(c), McMillin may
receive credit for the value of those expenditures, at the City's discretion, toward any
additional EUC park requirements.
Attachment 1 to Resolution
17-20
Page 7 of22
2.4 Payment ofrn-Lieu Fees. McMillin shall pay City the remaining In-Lieu
Fees equivalent to 1.85 acres of parkland acquisition and development as follows:
(a) Payment Amounts. The In-Lieu Fees shall be paid at three
residential development milestones. The first payment shall be equivalent to 0.63 acres
and the second and third payments shall be equal to 0.61 acres each. The actual amount
of each payment will be determined by multiplying both the parkland acquisition fee and
the parkland development fee, as set forth in the PLDO at the time of payment, by the
aforementioned acreage.
(b) Timing of Payments. The first payment, equal to 0.63 acres, shall
be made prior to the approval of the first final map which grants any residential
development rights. The second payment, equal to 0.61 acres, shall be made prior to the
approval of the final map that would allow the 1000th unit in the McMillin Property. The
third payment, equal to 0.61 acres, shall be made prior to the approval of the final map
that would allow the 2000th unit in the McMillin Property.
2.5 Additional Parkland Acquisition. Parkland Development, and In-Lieu Fee
Obligations. In the event that residential, hotel, motel or other development as described
in CYMC 917.10.040 occurs within the EUC above and beyond 2,983 units and that
development results in additional parkland, park acquisition or in-lieu fee obligations in
accordance with the PLDO, McMillin shall satisfy the additional obligations to the
satisfaction of the Director of Development Services.
3. Escalator. McMillin shall be responsible for increases in costs of providing Park
Improvements as follows. The use of the Escalator is shown in Exhibit E.
3.1 Urban Parks and Urban Recreational Facilities. All parkland and
improvement costs will be escalated in accordance with the improvement component of the
PLDO and the terms of this Agreement; in the event of a conflict between the PLDO and this
Agreement, this Agreement shall prevail.
3.2 Credit Against In-Lieu Fees. For those park and recreational
improvements for which McMillin seeks a credit against the payment of In-Lieu Fees, the
Escalator shall apply to both the acquisition and development components of the PLDO.
3.3 Time of Calculation. Total required Park Improvement costs shall be
calculated as of the issuance of a construction permit for each park.
4. Event Programming. In order to help encourage the sense of community of the
McMillin Property's residents and businesses, City may consider approving at least twelve (12)
events per park per year if proposed by McMillin or an Association, subject only to reasonable
insurance, public health and safety requirements and in accordance with CYMC and zoning
requirements. Any proposed event shall not exclude attendance by any member of the public.
Suitable events include community, health (e.g., exercise, yoga or Tai Chi classes), art, science,
literature, local business, and health fairs; recreational events; farmers' markets; seasonal and
holiday events; and outdoor performances. All events shall be consistent with the underlying
zoning and the requirements of the CYNIC unless otherwise modified by the EUC SPA Plan.
Attachment 1 to Resolution
17-21
Page 8 of22
City may consider establishing a streamlined process allowing City to accommodate requests for
general public events (at least twelve (12) privately-sponsored events per year) to be held on the
McMillin Property subject to the provision of blanket insurance, public health and safety
requirements. City will have the opportunity to request and receive approval from the Town
Square site owners/owners representative(s) for at least twelve (12) publicly-sponsored events
per year at the Town Square private park site subject to the provision of blanket insurance.
5. Maintenance.
5.1 Urban Parks. City and/or McMillin shall maintain the public and private
Urban Parks as shown in Exhibit B to established City standards or as may further be defined
within approved park master plans.
(a) Public Parks. City and McMillin shall split equally (50-50) the
costs of maintaining Public Parks, determined at the park master plan approval stage and
based on preliminary cost estimates provided by both City and McMillin. City's share
(and thus McMillin's basic share, subject to Section 5.3) shall be based on the average
annual maintenance cost for 21.51 acres (23.36 acres less the 1.85 Off-Site In-Lieu Fee
acreage) each fiscal year as calculated for the City's budget for public parks. Should
maintenance costs be determined to be overly burdensome on either City or McMillin at
the time of individual park master plan submittal/review, the park facilities shall be
adjusted and approved in accordance with the Value Engineering Guidelines in Exhibit
C. Should additional maintenance funds be needed above and beyond what is detailed
above McMillin reserves the right to increase its portion of the funding at its sole
discretion. Should McMillin, at its sole discretion, decide to increase its portion of
funding, City shall not be required to match the funding in order to maintain the fifty/fifty
(50-50) split of maintenance costs.
(b) Private Parks. McMillin shall be responsible for maintenance of
private parks within the McMillin Property, to the satisfaction of the Director of
Development Services, until an Association or other entity assrnnes responsibility, in
writing, for maintenance ofthe park, pursuant to CC&Rs approved by the City.
5.2 Urban Recreational Facilities. City shall maintain the Urban Recreational
facilities that are within public street rights-of-way to established City standards and as may
further be defined within the approved improvement plans. City and McMillin may also enter
into an agreement to permit maintenance of Urban Recreational Facilities within public rights-of-
way by an Association. Urban Recreational Facilities included in individual project submittals to
City's Design Review, as detailed in the Thresholds for Parks and Recreational Facilities
(Exhibit D), shall either be included in or annexed to a community facilities district, an
assessment district, an Association, or equivalent entity that would finance maintenance.
5.3 Districts. City and McMillin agree that McMillin's portion of park
maintenance costs may be covered through inclusion in a maintenance district. Should this occur,
those funds collected for park maintenance will be used soley and entirely on park maintenance
and will not be used to cover the maintenance costs of other facilities.
Attachment I to Resolution
17-22
Page 9 of 22
6. Rent. Concessions and Events. Leases, concessIOns and special events are
contemplated in all of the parks in the McMillin Property.
6.1 Rents and Concessions in Public Parks. City shall control leasing and
concessions within all public parks in the McMillin Property, subject to City's customary
permitting process. Net proceeds (i.e. revenues to the extent greater than expenditures) received
by City therefrom shall be deposited into a City-controlled capital reserve fund to be used soley
for capital replacements or improvements within public parks within the McMillin Property.
6.2 Events In Public Parks. Net proceeds received by City from current and
prospective City-wide programs and events shall be used by City at City's discretion. Net
revenues received by City from non-City-wide programs and events in a public park in the
McMillin Property shall be deposited into a City-controlled capital reserve fund to be used solely
for capital replacements or improvements within public parks within the McMillin Property.
6.3 Private Parks. The owner of each private park in the McMillin Property
shall have full decision-making power over leasing and concessions within each such park, as
well as control over and the right to receive any revenues derived therefrom and will confer in
good faith with the City to avoid conflicts associated with a competing or conflicting activity or
use with an existing or proposed City activity or use in an EUC park. Should City sponsor any
event in any private EUC park, then the net proceeds received therefrom shall be deposited into a
City-controlled capital reserve fund to be used solely for capital replacements or improvements
within parks within the McMillin Property.
7. Security. McMillin shall post security with City in an amount equal to 100% of
the cost of constructing the Park Improvements, as determined by City based on final
construction documents submitted by McMillin. The security shall be posted as a condition of
receiving an Urban Park construction permit and prior to receiving any building permits for the
EUC. City may use that security to Complete Construction of such Urban Park or Urban
Recreational Facility, and to satisfy In-Lieu Fees, should McMillin fail to meet its obligations to
do so. City may reduce and release these securities pursuant to City's customary procedures and
schedules pro rata upon completion or payment of the parks and fees described in Section 2.
City reserves the right to withhold issuance of building and/or construction permits for units or
properties within any part of the EUC when parks have not been Completed as shown in Exhibit
D, "Thresholds for Parks." All security shall be a bond or letter of credit subject to the
reasonable approval of City. McMillin shall pay the City the difference between the total costs
incurred to Complete Construction and satisfy In-Lieu Fees, and any proceeds from the security.
8. Delavs. City may approve extensions for the date for Commencement and/or
Completion of Construction of any Park due to City delays in approving park plans or due to
force majeure. In addition, City may consider changing the construction schedule if appropriate
to improve the relationship of certain parks, such as the Civic Plaza, with its surrounding
community.
9. Joint Use. McMillin and the City agree to meet in good faith to discuss the
feasibility of entering into a joint use agreement with the Chula Vista Elementary School District
should that district wish to pursue j oint use of a park adj acent to its property. The details and
Attachment I to Resolution
17-23
Page 10 of22
contents of such an agreement shall be in accordance with the CYMC, the EUC SPA Plan, this
Agreement and any City park standards in effect at that time.
10. Public Works. Prior to\\11en constructing, or entering into any contract relating
to the design or construction of, an Urban Park, a Park Improvement or any other park or
recreational improvements required by this Agreement (collectively, the "Improvements"),
McMillin shall comply cordruct thelmproycments in accordance with City Charter Section
1009, ttflE!--the City's policies and procedures governing competitive bidding for public works
projects. and all other applicable local, state and federal requirements in effect at the time the
biddillg and contracting for, or constmction of. the Improvements takes place.
If i'.1c'\1illin docs not utilize proper public bid proceduros or pay prevailing wagcs,
Mc:,iillin shall defcnd and indemnify tI:e City, its officers, agents and employccs against, and
hold them hannlcss from, any and all claims for damages, liability, costs and expenscs
(incbding, withoGt limitation, attorneys' fees) urisin; out of, related to, or alleged to be tho resclIt
of, t>'lcMillin's failure to use proper public bffi-proccdurcs and/or pay pre','ailin; wagos.
McMillin's obligations under this provision shall not extend to those claims based on, or allc,;cd
to arisc Ollt of, the City's sole negligence or sole 'silIfulmisconduct. Reliance on advice from
legal counsel, precedent and/or prior dea!ings with, or statements by, the City shall not ro1:6'0'6
McMillin from its ob!igationc under this proyision..
11. Changes. City reserves its right to amend the PLDO, SPA Plan and parks master
plan, subject to state and federal law and to a development agreement between City and
McMillin. The Parties agree that, should any changes in state or federal law result in one or
more provisions of this Agreement no longer being enforceable, the Parties shall meet and confer
regarding amending the Agreement accordingly. The required PLDO fee obligations and values
are snbject to periodic updates. McMillin's fee obligations are based on the level of fees in
effect at the time the fees are paid, with the exception of the fee obligation described in Section
2.4.
12. City Action. If the City Council finds that the proposed design of a park within
the McMillin Property is inconsistent with the SPA Plan, McMillin shall have the opportunity to
re-design the park and submit the revised design for the City Council's consideration.
13. Miscellaneous Provisions.
13.1 Notices. All notices and demands given pursuant to this Agreement shall
be written. They shall be deemed served (i) immediately, upon personal delivery; (ii) the next
business day, if sent prepaid by recognized overnight service such as FedEx for delivery the next
business day; or (iii) three (3) business days after deposit in the United States mail, certified or
registered mail, return receipt requested, fITst -class postage prepaid. Until notice of a change of
address is properly' given, notice shall be given:
If to City:
City of Chula Vista
Attn: James D, Sandoval, City Manager
276 Fourth Avenue
Chula Vista, California 91910
Attachment I to Resolution
17-24
Page 11 of 22
With a copy to:
If to McMillin:
With a copy to:
Office of the City Attorney
Attn: City Attorney
276 Fourth Avenue
Chula Vista, California 91910
McMillin Otay Ranch LLC
c/o McMillin Companies LLC
Attn: Mr. Todd Galarneau
2750 Womble Road
San Diego, California 92106
Hecht Solberg Robinson Goldberg & Bagley LLP
Attn: Mr. Richard Schulman
600 W. Broadway, 8th Floor
San Diego, California 92101
13.2 Captions. Captions in this Agreement are inserted for convenience of
reference. They do not define, describe or limit any term of this Agreement.
13.3 Entire Agreement. This Agreement embodies the entire agreement and
understanding between the parties regarding the subject matter hereof. No prior or
contemporaneous oral or written representations, agreements, understandings and/or statements
regarding its subject matter shall have any force or effect. This Agreement is not intended to
supersede or amend any other agreement between the parties unless expressly noted. However,
all previous written agreements, such as supplemental subdivision improvement agreements, by
and between the parties relating to park obligations, as well as City's Parks and Recreation
Master Plan and Landscape Manual, remain in full force and effect except to the extent they
conflict with this Agreement.
13.4 Contents of Agreement. All recitals set forth above and all exhibits
attached hereto are part of this Agreement.
13.5 Severability. If any prOVlSlon of this Agreement or its particular
application is held invalid or unenforceable, the remaining provisions of this Agreement, and
their application, shall remain in full force and effect, unless a party's consideration materially
fails as a result.
13.6 Recordation. The City may record this Amendment in the Office of the
County Recorder of San Diego County, California.
13.7 Preparation of Agreement. No inference, assumption or presumption shall
be drawn from the fact that a party or its attorney drafted this Agreement. It shall be
conclusively presumed that all parties participated equally in drafting this Agreement.
13.8 Authority. Each party warrants and represents that it has legal authority
and capacity to enter into this Agreement, and that it has taken all necessary action to authorize
its entry into this Agreement. Each individual signing this Agreement on behalf of an entity
Attachment 1 to Resolution
17-25
Page 12 of22
warrants that his/her principal has duly authorized himlher to sign this Agreement on its behalf
so as to bind his/her principal.
13.9 Modification. This Agreement may not be modified, terminated or
rescinded, in whole or in part, except by written instrument duly executed and acknowledged by
the parties hereto, their successors or assigns.
13.10 Successors.
(a) Subject to paragraph 13.10(b), McMillin shall remain responsible
to City for compliance with this Agreement. However, McMillin may contractually
obligate, to McMillin, merchant builders or other successors without affecting City's
rights hereunder. Should McMillin transfer or assign its interest in the McMillin
Property, in whole or in part, to any person or entity during the Term of this Agreement,
any such transferee or assignee shall be bound by this Agreement, as applicable to the
portion of the McMillin Property acquired by the transfer or assigment. No action by
McMillin pursuant to this section, without the City's consent, shall relieve McMillin of
its obligations under this Agreement.
(b) McMillin's design, construction and payment obligations
hereunder may be performed or reimbursed, in whole or in part, by a community facilities
district or similar financing district, subject to approval by City. Except as otherwise
provided in or as modified by the Development Agreement, McMillin may pursue
construction in accordance with CYMC 93.50.140.
(c) Compliance with this Agreement shall be deemed to satisfy
McMillin's PLDO and SPA Plan obligations relating to parks. Once all parks and
improvements have been constructed and dedicated, as required hy this Agreement,
including any additional park obligations that may be required pursuant to section 2.5
above, all park dedication and improvement requirements for the EUC shall be deemed
complete and the obligation shall be removed from title, as to McMillin and any
merchant builders developing within the McMillin Property.
13.11 Term. This Agreement shall remain in effect until, but shall automatically
terminate upon, City acceptance of all the public Urban Parks and Urban Recreational Facilities,
the Completion of Construction of the private Town Square and Urban Recreational Facilities,
the construction and delivery of park and recreational improvements equal to the value of the
total credit against In-Lieu Fees, and payment of In-Lieu Fee obligations per the terms of this
Agreement; provided, however, that the provisions of Sections 5.1(a), 5.1(b) and 13.14 shall
survive termination of this Agreement.
13.12 Governing Law 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.
Attachment 1 to Resolution
17-26
Page 13 of22
13.13 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 CYMC, 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 City in the implementation of same.
13.14 Indemnification. McMillin shall indemnify, protect and hold the City, its
offIcers, employees, agents and independent contractors, free and harmless from any liability
whatsoever or any damage of any kind or nature, relating to, arising out of, or alleged to be the
result of the acts, omissions, negligence or willful misconduct of McMillin or McMillin's
employees, subcontractors or other persons, agencies or fIrms for whom McMillin is legally
responsible, (collectively, "McMillin"), relating to or arising from McMillin's activities
contemplated under this Agreement, excepting only those claims for damages arising from the
sole active negligence or sole willful misconduct of the City. 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 McMillin, its employees, agents or officers, or
any third party. McMillin shall defend, at its own expense, including attorneys' fees, the City, its
offIcers, agents, employees and independent contractors in any legal action based upon such
alleged acts or omissions of McMillin. The City may, in its discretion, participate in the defense
of any such legal claim, action or proceeding, and McMillin shall pay for the City's expenses
reasonably incurred, including City's attorneys' fees.
13.15 Non-liabilitv of Citv OffIcials and Emp10vees. No member, offIcial,
employee or consultant of the City shall be personally liable to McMillin or its successor-in-
interest in the event of any default or breach by City, or for any amount which may become due
to McMillin or to its successor-in-interest, or on any obligations under the terms of this
Agreement.
13.16 Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be the original and all of which shall constitute one and the
same document.
Attachment 1 to Resolution
17-27
Page 14 of 22
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first set forth above.
CITY OF CHULA VISTA, a municipal
corporation
McMILLIN OTA Y RANCH, LLC, a
Delaware limited liability company
Cheryl Cox, Mayor
BY: McMILLIN COMPANIES, LLC, a
Delaware limited liability company
Its: Manager
By
Attest:
Donna R. Norris, City Clerk
By 4..<:.
Its: VI
Printed Name: N IGHOUl"':> Ut
APPROVED AS TO FORlY!:
By
Bart C. Miesfeld, City Attorney
Attachment 1 to Resolution
17-28
Page 15 of22
EXHIBIT A
Legal Description of McMillin Property
With Map of All of EVe
REAL PROPERTY IN THE CITY OF CHULA VISTA, STATE OF CALIFOR,"lIA, DESCRIBED AS
FOLLOWS:
PARCEL 3 OF PARCEL MAP NO. 18481, IN THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, MAY 3 1,2000, AS INSTRUMENT NO. 2000-283684 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM THE LAND DESCRIBED IN THAT CERTAIN IRREVOCABLE OFFER
OF DEDICATION OF FEE INTEREST RECORDED MAY 22, 2003, AS INSTRUMENT NO. 2003-
0604602, AND ACCEPTED BY THAT CERTAIN ACCEPTANCE OF IRREVOCABLE OFFER OF
DEDICATION OF FEE INTEREST RECORDED MAY 22, 2003, AS INSTRUMENT NO. 2003-
0604603, AND CONVEYED TO THE STATE OF CALIFORNIA BY GRANT DEED RECORDED
MAY 22, 2003, AS INSTRUMENT NO. 2003-0604607, ALL OF OFFICIAL RECORDS OF SAN
DIEGO COUNTY, CALIFORNIA.
".J
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R.D.S. 16771
I'lCi TO SCALE.
17-29
EXHIBIT B
Conceptual Map of McMillin Property and Parks
~
~ 1 l~
..1'
ii r.
,i ISW/n Square
iifl,erfomlance'
!l,
,'i,
"~c.
(1,
! i!! ~
\; ~'~
~~ \
, "
'I'
.,..,;....~...-.
To \."ill~e 9
,'. ,~,".,,'
It>:~fil
~ Prh'ate Paft\s
~ Priv3te Office P13za
........u Jogging Path
,,:,-'
Note: Jogging pm.'" ar.d pli1Z3 tOCJ.tions ~re
conceptu;31 ;md .....it! t'>e secured tt:rct:~h the
TM conditions and me concepwc.t blc-cl<.
~!;Jnntng process.
Eastern Urban Center&
Otay Ranch .....
Attachment I to Resolution
1 ")13:30
EXHIBIT C
Value Engineering Guidelines
Intent: The intent of these Value Engineering Guidelines Program is to provide a decision
making tool for addressing facility design and/or inclusion should the Escalator and any value
engineering exercise not result in sufficient funds to complete the construction of the parks as
originally anticipated.
Guidelines:
1. At a minimum, the park facilities should meet the following objectives:
a. Any facility revision or reduction must not reduce 'Placemaking' function ofthe
parks.
b. Facility reductions or modifications shall focus on the recreational needs of the
target demographic as identified in the EUe SPA Plan and ensure facilities to
meet this target demographic.
c. Any facility revision or reduction should maintain the design concept for the
particular park as identified in the EUe SPA Plan.
2. Each park shall maintain the core facilities that promote a multiplicity of recreational
experiences rather than a singular use (for an example; the multipurpose field area would be
maintained over a specialized court sport facility).
3. Each park shall maintain at least one focus element that addresses the 'energy' design concept
for the particular park as identified in the EUC SPA Plan.
4. Each park shall provide both shaded and sunny recreational areas. Shade can be provided by
structure or tree canopy.
5. Each park shall provide a complement of site furnishings for the general operations of the
park, including at a minimum adequate waste and recycling receptacles, benches and potable
water sources.
6. At a minimum, if programmed into the park and identified in the EUC SPA Plan,
restroom/maintenance facilities will be provided unless the City of Chula Vista determines
otherwise. The extent and design of these facilities may be subject to value-engineering.
7. Each park should maintain its commitment to sustainable practices including drought tolerant
plant materials, increase of pervious surfaces, low energy and low water use fixtures,
recycled materials and other measures.
8. Grants or other contributing funding sources such as sponsorships should be explored to
increase the funding pool and enable the initial design concepts.
17-31
Exhibit D
Thresholds for Parks
Park IOD Submit Park Master Plan Commence Construction & Park Completion 2
Submit Public Access
easement (ifneeded)
PI On fIrst Prior to issuance of first Prior to occupancy of 100 Park to be completed one
Final Map building permit for Tentative dwelling units within Tentative year after park
Map Lot 4 Map Lot 4. Commences Construction 2
P2 On fIrst Prior to issuance of first Prior to occupancy of a library Park to be completed one
Final Map building permit for a library or or cultural venue in Lots 7 or year after park commences
cultural venue within Lots 7 or 16.' construction 2
16.'
P3 & On fIrst Prior to issuance of first Prior to occupancy of the first Park to be completed one
Paseo Final Map building permit for Tentative building on Tentative map Lots year after park commences
Map Lots 17 or IS. 17 or IS. construction 2
P4 On fIrst Prior to issuance of first Prior to occupancy of 100 Park to be completed one
Final Map building permit for Tentative dwelling units within for year after park commences
Map Lot 27. Tentative Map Lot 27.' construction 2
P5 On fIrst Prior to issuance of first Prior to occupancy of 65 Park to be completed one
Final Map building permit for Tentative dwelling units within Tentative year after park commences
Map Lot 26. Map Lot 26. , construction 2
P6 On fIrst Prior to issuance of first Prior to occupancy of 200 Park to be completed one
Final Map building permit for Lot 2S. dwelling units within Lot 2S' year after park commences
construction 2
, If it is determined that a school site will be located adjacent to the park then construction of the park shall commence
prior to its opening.
2 Should sufficient evidence or bonding be provided to the City Engineer ensuring that the park will be completed in a
timely manner then the City Engineer may allow building permits to be issued in the subsequent SPA Site Utilization
Plan Districts and/or Tentative Map Lots.
3 Should another building fronting on the park site replace the library or cultural venue, the issuance of a building
permit for, and occupancy of, that building will trigger the submittal of the park master plan and the commencement of
construction, respectively, ofP2.
Note: Section 7 "Security" gives the City the right to withhold building permits for units or properties within the
EUC should park constru.ction commencement or parks completion not occur as shown in this exhibit.
Thresholds for Recreational Facilities
Facility(s) Submit Design Submit Security, Credit Received
Engineers Est. & public
access easement
Jogging Path With project submittal Prior to project Building Tbrough TM Condition &
toDRC. permit STAlSSIA(s)
Ollice Plazas With project submittal Prior to project Building Tbrough TM Condition &
to DRC. permit SWSSIA(s)
Notes: It is anticipated that individual project submittals will contain their project portion of the recreational facilities
and that the City will accept recreational facility delivery in segments through the buildout of the EUC. Pedestrian
Improvement Plans means the Improvement plans that contain the oedestrian facility referenced.
Attachment 1 to Resolution
1 }1.32
EXHIBIT E
Monitoring Table/Equivalency Calculations
~
-.I
I
w
w
Civic Plaza
Town S uare
Southwest Park
South central Park
Southeast Park
Dedicated land
Total
Initial Parkland Development Fee (PD1)2
Initial Parkland Acquisition Fee (PA 1)2
Equations:
BPD = AC . PD2
EQ$ = IMP. BPD
EQA = EQ$/ [(PA + PD)(1+ESC)]
ESC = (PD2 - PD1) / PD1
Park Dedication Summary
Dedicated Land
Enhancement Equivalency
Offsite Payment Equivalency
Total
Acres
Attachment I to Resolution
Total Enhancement Equivalency
Dollars, per the development component of the PLOO,
required for base level of park improvements
The on~site in lieu fee dollars spent on the park beyond the
base amount required by the PLOO
Equivalency dollars converted to acreage equivalent by using
the per acre value of the Park Fee
The percentage increase in the Development Fee in the PLOD
>15.63
>5.88
>23.36
E-
To be input at Final
Map approval
To be input at
completion of
construction
Acreage Equivalent
calculated by table
To be input at
construction pennit
issuance
~
-J
I
""
~
1 Total cost of park Improvements
2 Established at the time of approval of the agreement
Attachment 1 to Resolution
Total Enhancement Equivalency
E-
Target
Equivalency
Exhibit F
Park Cost Estimates
~i~~~ >l ~: ~i '. ,.., " ," '". ,~: """~. --~':'_"i:~. j!::"
F'-3 P.2 P.l P-4 P-S p-j; I~':..~. ~:~t Exl<lntslon~;; s...:;; ~~ =~ P-S P_8
"~'~"--'r1'"-tttl=ll'~"rfr~-~~" I-~f
7 P.lm~..m~II_12'"t~ ." 10 0 0 0 0 0 10 22:13 S82Z1 S6223 SO SO so so
8 Sl1rub~IG""'''''''''''''rPl.nti sr HOC 13000 5750 6500 8500 5000 39150 54.98 1979O!l $14iJ8 SG4n2 $26.821 SJ23111 32361 $248!l3
9 Lawn-$o<l oJ 2500 7eoo 5175C 41110O 50000 100000 25Jaso 082 $157978 \556 a54 SJ2205 ~O'J 311'6 52 JJ
10 SllClcl;Ji - Planll .' "',.$67',~21 $112,175 $106,449 " 15.286 S106.605 51\7.931 $118.375
;,lk>n=',,::,-,""""""""~' '.'''',,.,.,,,,,,'J'''''',.'_'''''' '''''me' =,','C' ~"_""''''''"''~''_''_~''~_'''''''tl''c-",,-<,. "',r:,...,.~".".-,.""",,......Il!:t,,^.,,' ,'-;,_j<C- A,.'; ,,,,,'~." """"'''\i<'~'/;< ,''',,,,,,,,,,,,,_,, ."',.....,,''''>.,~,. "N"l.,n,,..,,,,,,,,-," '''''''''....'''.,.:~,.:~,_~.,'~"".__.,.'''"'~.",.,,'o:.
11 lIT; ahe~ sf 5500 20 aoo 57 SOO 48300 SII 500 105 DOO 29~ 600 54 36 S, 279 DOll S2~ 000 $00 611 250 497 12'0409 S2<1ll '31 S4S1411
12 Tt_1 alic~ n 217 48 00 as 00 61 611 \66.70 $1'4073 S40514 $aM2 516&13 515669 16503 '5123
13 SUDtelal -lIT atic~ ($1;393.Gll\ $64.473 599.572 $267.200 522~,2.7~ $262.934 5412,534
P'lan P :F~.I'(earMa'nt.nance~.__~=--m= "";~~;1_""..';;,,'-.'_ .,,...,,,..,,,,...;-~,,,-~_ ,__"""..~,'~.~,'..., ...~,,~........_"...-......-~ '~-;""'~"~"'j""'~"""""""",_""^"_~""""""",,~<:,,,,,
\4 1~;alicngl""~rcrlf"fOCtZgn,,.plan~ng..... 5,343 1m 2343 2.030 2~3~ 4074 16015 $11.20 520,aD2 9652 $21'94 526249 $2'740 $26134 .'~6J7
15 SI"'ClUrojSo,lg,TreePils C 35lOO 540 0 0 0 0 4540 223 $26.2537 $242706 S39629 0 10 SO SC
16 Pre _""~elpl4~t, ,..ea. 1350 "63 426 <Ill1 48' 370 4071 11167 $76005 $25204 S179~ 17953 $8(;&) S8,9aD $6908
17 TM""~(e,I_~4""'S ~ 93 259 \917 IS4a las2 3704 9403 $822 556517 SS79 $1799 511.'OJO 5;634 11526 $23051
18 Fire ".,,, ancl""I oreDIPl.m, .1""",,,,,,,.. Isf 5.500 20~(Xl 575(Xl 48300 56500 105000 293600 SO.12 n654~ $865 52589 $7157 56012 $7032 13069
19 Mulc~ .n"'Db~s 333 1444 B~9 7'22 722 S56 4416 S4~6 $192~7 $T451 $6290 12764 $3145 nl45 2422
20 Cohhl~ Mulo~ .f I DOO I DOO 1000 1000 2S00 2000 a 500 54.96 542 ]lB 979 54 979 54 979 104 979 5'2447 9957
21 Reel h4rri~," ,I ~oo :JfiO 300 ]00 ~OO 600 2480 5871 121 4J:J SS 22B 53 137 526'4 $2514 52614 225
22 Ccnt'''''le,,"~i~I~~4~ceaWarran _1 sl 5500 20 BOO 575ClJ 48~00 sa 500 105000 29]600 O.SO $148172 $2736 $10356 52~621 S24.047 1<6129 152276
23 SU"lelal_P1~~! "r8g.FnIY"arMainle~'1lCll I I = ~566 534~.422 StC6.\51 S.2.2~9 $11:2.150 $100.007 $1511.547
H,nlsca .,.....""~~~~= ........~..........1h.~...^~....~lQIa_;~.....; ...."...,..."~,..,'--v,,,.....J>~""~'^...'4........,.,_-""'...........::.,,...y;:;."'.."'_,,l't'-.....,...".,,,.....,.,.......~,,,..,"".;~..,,.
24 s..8Iwall_C'f>""nc:reI8_18'~ 1\ '_~ ,r 100 200 200 100 100 100 lIDO $32361 25116118 S~2J81 564722 S04722 $32J1I1 $32~6' J2~~1
25 Concrel"t>P.nd... II 750 350 100 100 100 500 2000 S14.94 $29872 511202 $52211 $1494 $1494 $1494 SS9r:;2
26 LannOC3 .,., in ~]oo 100 JOO ~oo 300 500 1 900 $11.71 $16554 52614 S1I71 $2.614 $2.814 $21114 $5 22~
27 SUb!e!.. - H..-d""""," . ,- SJOS,314 548.177 S70.~21 S66.B29 536.466 136,48<1 S4e.S5C
F_"'''''''~~-=:::a:-~--'-=~~'_'''~'''''"'''''''-'''''~__~''''',,"_~'''.''''''''''''''~_'''>ft_''''''''''_''''''''~~".~
26 Con<:r<!I~. .kI, Gre OfOOm ~r"n Isf 6,000 12,:)00 II 000 0 0 5000 29000 $560 $16242B $336011 $87211 533606 10 $0 $25005
29 Co=<>'~.sld,Gr~ orDCm~nrsn IsI 22000 20000 2 BOO 72S0 11200 10S00 70750 SS.60 $J96267 $12322, 112019 $156113 $40607 $459211 56610
30 Unit 11..! sr a 0 0 a 0 0 0 S1400 $0 10 a $0 $0 SO SO
31 Uoit O""8r~_ """"rele sf 0 0 5000 1 500 0 0 6 500 12.32 $110094 $0 so S61 S10 SI 483 50 SO
32 Uo,t av~", -~. sf 4.000 5500 0 0 1500 0 14000 $6,09 5113264 532361 SlIB 7117 $0 SO $12 1~5 SO
33 D~mtl<1...,.;Gra~d~ sf 0 0 a 0 11250 4150 10400 54381 $4li.]G5 $0 $0 $0 SO 27227 111071l
34 Pl. mund""r140 sf 0 0 1 000 1 000 I 200 1400 4800 1431 $65642 so sa 514.~14 $143'4 $17176 520039
35 So.Ololal_Flatw<>rk ""'5863,200 $1119.166 $247,9911 S125.212 $73.404 $lo2.46fi 5124,932
Slt..Furnilure.4_"'_"",:x","~,,"""'_"" .,.,,,,,,~.;...,,,,,.,,, ","''''''' -="";; (',."','.=0......,,"',., ''",'''"''''m>:''~"". ',....,."""" ',:",~""", ",,' "",,..,,'.'.'. ,~, .-'",.."".,,;!-'...:>...''^''''-.:f''ji''-'''''.....''''.--,......''''',-'.. ...~.""'''''','''.,'''''''.'.,ru'*'''".,~.,--."'j'''''.",,..,..''''''.-..,__.i.''.,W.W.."'~''''''''''''''"'.""=",,
311 Tre~Grolu.5'Xb'"".lircn u 0 0 0 0 0 a 0 $140024 $0 SO 0 $0 $0 so 10
37 81ke Racks eo 15 10 5 5 5 10 50 S746.79 $~7 34ll $11 202 $7468 $3.734 S~,734 S3.734 $7 46~
36 Tr=n"lecelades ~. 12 II 4 4 4 8 40 $99572 $J9a29 $1194S S7966 SJ.!;lI3 13.96J 13;aJ 79r:;6
39 WaSle8 Oisoe~"", R""e I~e. ea 6 2 10 10 2 10 40 S560.10 S22400< 3361 $1120 $5fiOl $5601 1120 SS60'
40 e..ncl1~. u 15 15 10 10 10 10 70 $149359 $104551 $22404 $22404 $14m6 14936 S'49~6 S'4936
41 Picnic T<Ii>les ea 10 10 10 5 10 10 55 $2 499.~1 $13691< S24 a93 S24 ~93 $24 Bg3 $12 -t-a7 $24 a93 5241193
42 Mevuhl~ Tohl~. one! Ch.,,,, ~a 10 30 10 10 10 10 60 $166896 $149 ]Sg $111670 SSIl 010 Sl11 ~70 III 670 $1~.1I70 $1~ B70
4~ Umllrellas ea 25 30 10 10 10 20 105 $748.19 $7641J $\81170 522404 $7486 $7,46lI S1466 $14936
44 U rB<led I'<lle. Mou~ied L hi, lea 12 5 ~ 5 5 12 44 $9957,25 5436119 S119481 $497llS $4\1,700 97116 $49700 S1194117
M:IW:".:='~;:::.~::::.,,_,~,~-"'<~,'.........."""'..'."""" .""""'" "",,---..,:'t.=- '= _......;J;:. ~~",.--,,;__~. '*'="""'" -..; ....""",,"~~ M"';~'-'WOoI.' <~~~;:,.: $2306J5 $192050 Sl29 071 $'16624 $124S[lQ 521]\156
46 Molal.4' H h It 0 0 200 400 200 200 1000 $93 35 59~J49 50 $0 S~7 34(l 5111~70 $t6670
47 Gato_Molal.4'H' ~ eo 0 0 I 2 1 3 7 $42316 S2962 50 $0 S648 S423 1270
48 So.hlelal_S.I.Fumilure "$;16311 $0 $0 S~6 66 $19C93 $19939
Sit..A"",~ 'Fulu'_Ifi'.'-~'_-""""""",""'""""'4~""''''''' ......,....~~-.;;-.....-...-='".....---~-"~~__~-""'-""-.-..L-",.".","--<J
"9 Foun!a,n 0 1 a 0 0 0 1 S62232.80 S<l2233 0 $62233 $0 so SO $0
50 Feunt.,n Inlell"Clive erl ~ 2 1 1 I 0 0 S S311,63,96 515551120 162232B $311 184 1311184 1311164 SO 10
51 S' e W3 ",ell E!~m~nl~ 4 2 0 0 1 2 9 $31 l1B,4Q $2110()4~ S124486 562233 $0 $0 $3'116 562233
52 S<:lJllur~ P.rtEI~me~15.Si n"IUro 2' I 1 , 1 7 S124485.59 1671259 S2489~' $124466 1124466 5'24466 $I2446e S12446S
5J Sall lu", Ar1 EI8me~," _Lo 8 0 2 a 0 2 I 5 S62 232 80 $311164 $0 $124466 SO $0 124466 S622J~
54 PI. eunC E UI menl 0 0 1 1 I I 4 $93349.19 $373397 SO So S9334G $93:149 9~:149 $~349
55 S p",~ 0 0 1 a 0 0 I $166 ~911.39 186 69~ SO $0 186 11516 sa $0 so
sa Fi..R, 0 0 0 a 0 0 0 $3111ij,40 0 $0 50 $0 so so
57 o.o~oo.P1.lte'm a a OlD 0 1 $aD!l<Y.1.63 SilO 003 SO 10 $0 aD 003 $0 SO
S6 Tre~ Heu.... a 0 0 0 0 I 1 $497682,36 $-197sa2 sa so $0 SO SO $497!lEi2
59 OuldooeSt 8 0 1 0 0 0 0 1 S311163,98 $JI1164 sa $~11184 So SO SO SO
60 Ouldoocrl>o!al", a 0 0 0 0 0 0 $124465591 $0 $0 . $0 $0 so $0 So
62 SIJlllll!aI_S.I. A"",ml18'. FUlUre. ;;;:'$4,530,546 5S515,725 SB95.125 S715,677 $609,~1I1 S]73.~91 5840,143
Str""Iu""','''''''''''''_~~.,~J,,,...........=,.~ ,"" '~."'.""~~"=" '''''''''''C'''''''''''''''''',,,,,,''i' '.,...".,,,,,, ,"""'''-~''''''''''''--'_''''''. '.=- ".''';>;''''~."..'',~,.,.'-lI~...,\"'.,.,.....-.... "..., '".,.,""'....,.~" ,..,,'"""~...;,,;;'.".'..'__,'f=''''''''''E;.'--.' '"me,;"""'",."',,',"',"''''',,,,'.'
63 R8slfOCm~M~'nloMr>c8ster ~ 0 0 1 1 1 1 .. 5~111113.g11 $1244656 sa $0 $311154 :&311164 $3111(,4 $J11184
t>4 G3ZeC<l PavllI<>n_lar 8 0 0 0 0 0 0 0 19957247 50 0 $0 $0 $0 So $0
65 G.uobo Pavjlic~_small 0 0 1 0 a 0 1 59~349.19 i9J34g sa so S:r.J.349 SO $n so
66 T'8~ o.em..O<jS(ruc~,~ T~n.ieS~ad8SIru<:~u 0 a 0 0 1 1 2 S62232,80 $124468 $0 $0 SO so $B2233 223~
A~:Uc~::~~:;~~'7$''''''~~;~'~~''''~~~~'''"" ~~~~':'=~'"''';''~'~~';;~^~~'~~~d~' .~,,>e-:",., ~M"d~~ 2 ~';Sl.::::: :: :: S404'S~: 5311.1fi4 sm.~:: S:::.:::
~ E,::~:%~~::::"". , ::,:: : : : ~",m:;; :: :::: :: ,,;::;;
nn'" '''!'':~:;c:-;;r~n-Subfol.11 7',.::)!\ "'"lJlU1TY4 ~fr!20I66 "SIi31:16, 1ll5OO161 'rmJt5IQ.2"-J ~'124-1a:JUT \-'~,-W1"C-: =$1-1'J49172 'r.S11341l n lS'96'~ lSl'B20'7S1l1$1937-261 '$1600761 'S1510263 498307
73 Des; n&ConslnJctlonCo~tln en -10% S19a179 la2077 S193726 S160a7~ S151 028 i249~31 S1134917 51134917
74 ~1~?'~~:~~'~~:~fo~mlts.Bond5and $19S17g $la2077 $lg372!i $160076 $1511J2S $249831 $1.134917 S1134917
Ri75'1I .."...."'~r..'lll'...~l.""__~;'f".':1""HIli:1cvstSlJbtol.11 ,WI:' J "'$J96J.."'9 "'f.J8.l ;S3 f.fJll1452 \'$120152 ,.,,)lo-s.JOl'051 '::~~J4995/if .'~2Z/iQ1ll4 "....,~~.,i!' .J ,'f'''':~!:,':'';Z:- 'L19.-.<'<+-'1 .~;.:.,~ 3!oe~ ""...~..il (.k_:'" ":'m ,t"W'. .J
7lI O..si n*Oocuml!ntatio"_lO% S1911179 ~1112077 S193725 5100076 S'Sl02~ S249631 S'2496~16 $1~Bl001
f';no";,~'~'''':,-.r:::-'\OWi'"il1HCOnti "Subtotal mr' ~59008.'17 ~S9lD38J'~f9ll8631 S800= ")'~17-55141 +-:-;11249153 W:";'::;~;"',7..n 'i'~;,,>,'.-'1"~~.;, NSJ631 3S)~',":"cG:'1l litW"(';"k':';!"""tlpr';', 1>'l~"%rV ".;*,~!"::1
76 226 1.62 1,97 1.51 1.00 3.80 12,86 S1204.200 S15510096
S79ll':I02.578.]32 ::102.368.996 'S2;51a,440 12000989 ffilS1,963.1aa ';\"'1U247.7llll ,^"" ~'~.J:. ""\:;,,li~""~: ~$3a,49tQ03 ~;t.;)L;;'2'~ Lj:..i;':~:l !i:;:~;,W\",1 ~_;;." '. '-",j; ii."-~ t::JC">-~
50 Wilhct.tlanai1f$H 907
Note: This table does not include costs associated with the 2,75 acres Urban Recreational Facilities or the off-site in-lieu fees.
Attachment 1 to Resolution
F-1
17-35
.Addr+,O Y1O-( {y\'~r rncchon
(1/(0/0'1 JJ:.14:-17(r;uc)
Page 1 of2
Donna Norris
From: Krogh, David [OAVID.KROGH@cubic.com]
Sent: Monday, September 14, 2009 5.45 PM
To: Steve Castaneda; Pamela Bensoussan; Rudy Ramirez; Cheryl Cox
Cc: david.krogh@cox.net; Donna Norris; Gary Halbert
Subject: Public Comment - City Council meeting of 9/14/09 - Agenda Item EUC (14/15/16/17)
When EUC came to the Planning Commission a few weeks ago, questions by planning commissioners were
sparse except by commissioners Felber and Thompson, but it sounded like the plan is "EUC will NOT meet the 3
acres of parkland per 1 ,000 population standard" and staff answered Mr. Felber's question by stating GMOC will
be instructed that EUC is to be an exception to the standard.
It also sounded like "traffic is at level F" and will worsen over time. Since EUC does not exist now, how can it be
at F, and does approving a plan for it to be at "F" make sense?
I am aware that there are different definitions of Traffic LOS (Level Of Service). I am aware that GMOC measures
LOS in a historic manner that differs somewhat from LOS sometimes used for planning purposes. I am also
aware of the planning concept of LOS/pedestrian-friendliness trade-offs.
However: I am also aware that when the issue came up during western CV planning an initial LOS of "E" was
proposed, the matter was scrutinized and LOS of no worse than "0" was determined to be feasible for all but
three specific intersections, e.g. Third & J, and I thought the conclusion was "Go with 0 and we'll still see what
we can do about those specific intersections." In fact during that timeframe, LOS "E" was initially described as
being San Diego's planned LOS for its downtown; however, I learned through contacting and discussing with
various persons including Mr. Sorenson of KimleeHorn that there never was a San Diego City policy decision to
that effect, only staff discussions, and it was only thereafter that the Chula Vista analysis of LOS "0" feasibility
was conducted and conclusion determined.
I urge council to be sure that they thoroughly understand this issue and agree with EUC LOS assumptions before
acting to approve entitlements that will forevermore be binding upon the city.
Furthermore, given that there has not been a single year pass since 2003 while I have been on GMOC where the
disparity between parkland acreage per capita in eastern and western Chula Vista has not been a topic high on
the discussion agenda, and I THOUGHT the long-ago emerged community consensus was to work toward
bringing UP the west side in conjunction with all west-side development, to say nothing of general fund
expenditures to remedy the historic west side comparative deficit, it would seem highly ironic if EUC were to be
the first step toward parity by REDUCING standards that have historically served us well on the east side of the
city
These comments are submitted without benefit of my review of the agenda package in possession of planning
commissioners used in their deliberations last month, nor review of council's agenda package for its meeting
tomorrow night. So, please calibrate these comments accordingly, but I urge council-members to only vote in the
affirmative if you are clear and satisfied on the key EUC plan aspects of parks and traffic. A Plan may be
revised. Is an entitlement not forever? Last month, most of the planning commissioners sounded like more of a
cheerleading squad for "the big EUC game". If the plan is sound, then, but only then, am I ready to cheer along
with them.
Respectfully submitted,
David Krogh
Member, Chula Vista Growth Management Oversight Commission (GMOC)
Speaking as an individual, and not on behalf of that commission
Submitted via email 9/13/09
9/14/2009
Page 2 of2
Ref:
From: Crossroads II [mailto:crossroadsii@cox.net]
Sent: Sunday, September 13, 2009 7:52 PM
To: Steve Castaneda; Pamela Bensoussan; Rudy Ramirez; Cheryi Cox
Subject: Comments on the City Council meeting
Council Agenda Tuesday, Sept. 15,4 pm
I. Items 14, 15, 16, and 17 have to do with progress in planning and implementing the
Eastern Urban Center. The E.U.C. will be a huge, dense development southeast ofSR
125 and Birch Road. The E.U.C. is schedule to eventually have more than 3,000 high
density dwelling units plus a large amount of retail and office spaces, plus schools, parks
and other civic facilities. It is the only development on the east side of Chula Vista that
will allow very tall buildings. These four agenda items speak to approvals of various
aspects of the E.U.C.
9/14/2009
FW: Items 14, 15, 16 on the City Council meeting for Sept. 15th
Page 1 of 1
Donna Norris
Itddt-honcJ lt1fJ r !Y>C(.:fl-{)71
?11/6/1Y-1 it 14-/7 (EU~)
Subject: FVV: Items 14,15,16 on the City Council meeting for Sept. 15th
From: Jo Anne Springer [mailto:jaspringerl@cox,net]
Sent: Tuesday, September 15, 2009 11 :22 AM
To: Shari Watson
Subject: FW: Items 14, 15, 16 on the City Council meeting for Sept. lSth
Shari,
I have sent this email to the Council. Would you please do me a favor and ensure that it gets into the public record
prior to tonight's meeting, and please bring it to Rudy's attention so that I can be sure that at least one Council Member
sees it in a timely manner? I would really appreciate you assistance on this.
Thank you.
Jo Anne
------ Forwarded Message
From: Jo Anne Springer <jaspringer1@cox.net>
Date: Tue, 15 Sep 2009 11.19:50 -0700
To: Cheryl Cox <ccQx@chulavistaca.gov>, Rudy Ramierez <rramirez@chulavistaca.gov>, Pamela Bensoussan
<PBensoussan@chulavistaca.gov>, Steve Castaneda <scastaneda@chuJavistaca.gov>
Conversation: Items 14, 15, 16 on the City Council meeting for Sept. 15th
Subject: Items 14, 15, 16 on the City Council meeting for Sept. 15th
Dear Mayor Cox and Council Members,
Due to a prior commitment I will be unable to attend tonight's Council meeting, but would like to provide public input to
the agenda items listed below.
It is difficult to believe that our City's council members are unaware of the serious water problems that are facing the
entire county, nay, much of Southern California. All of the water companies have been either requesting or mandating
serious conservation while predicting dire future shortages. WE ARE RUNNING OUT OF WATER!
THIS IS A HIGH DESERT AREA. WATER DOES NOT NATURALLY EXIST IN QUANTITIES TO SUPPORT DENSE
URBAN DEVELOPMENT. How can we possibly be thinking of approving such dense development in the face of a
shortage which does not appear to be temporary? True, the substandard rainfall of the last few years has exacerbated
the situation, but the fact remains that there isn't sufficient naturally occurring water in this region to support this level of
development.
How can we be so greedy to pad the City coffers with developers' fees that we ignore the long-term severe problems
that will result.? In fact, those problems will actually manifest in the short term. How can you possibly justify this as
responsible governing?
Please, for the sake of people who have made a commitment to live here permanently and who have entrusted you
with governing in their best interests, do not approve the Eastern Urban Center at the density level proposed. The time
to act responsibly is now.
Jo Anne Springer
Council Agenda Tuesday, Sept. 15,4 pm
1 Items 14, 15, 16, and 17 have to do with progress in planning and implementing the Eastern Urban Center.
The E.U C will be a huge, dense development southeast of SR 125 and Birch Road. The E.U.C. is schedule to
eventually have more than 3,000 high density dwelling units plus a large amount of retail and office spaces, plus
schools, parks and other civic facilities. It is the only development on the east side of Chula Vista that will allow very
tall buildings. These four agenda items speak to approvals of various aspects of the E.U.C.
---- End of Forwarded Message
9/15/2009
September 15,2009
;tc!d/+-;ol'/((.i ! JIl/orrwfi 01\.
Cit/I>!Oc; #-!4~ /1 (GUC)
RECEIVED
430 F Street, Chula Vista,
California 91910
M C de 'I b Bed R' ". CITY Of CHULA VIS"i C;
Dear ayor ox an ounCl mem ers ensoussan, astane a, amlrez CITY CLERK'S OFFICE
'09 SEP 14 AS 53
RE: EIR, Otay Ranch Eastern Urban Center, SCH No, 2007041074
It is shameful that again the city is contemplating adopting still another EIR with so
many significant and unmitigatable impacts. 8 is too many. How can the city expect to
provide a satisfactory quality of life for its current and future residents when it consistently
makes findings that allow unmitigatable impacts? This developer and others have for years
eroded the quality of life and fiscal health of the city. Isn't it about time that the city started
demanding that the impacts of development be fully mitigated or the development not be
allowed? The Cummings Initiative and the resulting ordinances all say that this should not
be allowed. How can the council continue to allow more negative impacts? Where is the
respect for laws that residents have a right to expect?
The city has finally started to face that development only pays for putting the
infrastructure in place. It does not pay for long-term maintenance. How will the city pay for
the new firemen to man the new fire station? For the extra policemen needed to patrol this
new mini-city? The librarians to man the new library? The workers to maintain the streets,
buildings, and parks? In the long term the sales tax and fees provided by the non-residential
development, which will not be completed before all the residential development, if ever,
most likely will not be adequate to pay for on-going services and expenses. This is a
problem the city is now facing with its existing roads and public facilities, not to mention that
the infrastructure in the older parts of the city have never been upgraded before the new
development was allowed as required by the Cummings initiative,
How can the council possibly think there is any social or economic advantage to
allowing 2,983 more dwellings to be built? We all know that at this point in time there is not
enough water for 8,548 new residents to drink for the life of the new buildings. There soon
will not be enough sewage capacity. The roads will be unacceptably congested. The air will
be more polluted. The noise level will be unacceptably high, and the visual quality of the
landscape destroyed. How can the council continue to ignore these problems? The integrity
and responsibility of declaring over-riding circumstances in all these areas is extremely
questionable.
It is difficult to see how anyone can have confidence in the fiscal analysis of this
project when there are such huge differences between high and low intensities, and density
transfers from District to District are allowed. Too many times in the past the city has
allowed developers to build more homes than in original plans instead of previously agreed
upon non-residential uses or to substitute low paying retail for uses with higher paying jobs.
It does not appear that the city has learned its lesson yet, and we are all going to pay for
this irresponsibility with more cuts in services. The past has been like a Ponzi scheme with
each new development paying old debts. As soon as the development stopped everything
fell apart. The debts the city owes are too high and the means of paying them off without
service cuts are not here. Adding more development that has 8 unmitigatable impacts just
makes no sense at this time.
It is good that there is a maximum number of residences that is not to be exceeded,
but why in the world is the maximum non-residential not a minimum that must be exceeded?
The city has a jobs/housing deficit, which is at least partly responsible for its inability to pay
its bills and maintain a high level of services. We need more high paying jobs. There
appears to be way too much emphasis upon retail in this plan. The emphasis should be on
corporate level jobs, offices, research, etc. The kinds of jobs that would allow people to
afford to live here are needed here. The phasing plan allows all the residential to be built
before all the non-residential. This is foolish. It should be the reverse. We have plenty of
residential already. We need high paying jobs. We need more income producing property.
At the scooping meeting the developer made it clear he only wanted to build the residential.
If the city is to get all the non-residential promised, it needs to make sure it is built first. If
housing is built near where people work they are more likely to move there. If they have a
job good enough to allow them to buy a house, they are not likely to quit it to seek work
closer to home.
15% over Title 24 for residential and 10% for non-residential for only 50% of the
buildings is not adequate. The Energy Sub Committee has suggested 20% for all residential
buildings east of 805. This would be more acceptable. A development with the tremendous
impacts acknowledged for this one should be much higher over Title 24. Los Vecinos is
43% and produces nearly all its own electricity. This development should be producing a lot
of its own electricity as well. The economy of scale should make this very feasible.
In Japan and other countries membrane technology is used to put waste treatment in
basements. Why in the world is this development not doing this? Clearly all buildings need
to be plumbed for a re-watering system so that all moisture that lands on roofs as well as all
water from showers, laundry, and bathroom sinks is reused for landscaping and water
features with excess going into the ground for ground water replenishment. There should be
zero runoff and minimal impact on the sewer system, which might make some of impacts to
Poggi and Salt Creek Canyons unnecessary. Tankless water heaters should also be
required.
It is unfortunate and unnecessary that one of the residential buildings is next to 125.
The General Plan clearly acknowledges the incredible negative health impacts to people
who live within 500 feet of a freeway from lower lung capacity to heart problems. A health
risk assessment showed 8 in a million at risk. This is 8 in a million who will suffer as the
result of poor planning. There is no reason to put the residential so close to the freeway
when the non-residential could be put there. The city as well as the developer should be
held liable for any negative health impacts whether asthma or birth defects or miscarriages.
The low-income housing had better not be in this building, because this would be a clear
environmental injustice. It also makes absolutely no sense to have a jogging path along the
freeway. This is also detrimental to the health of the residents.
The development should not be eligible for mixed use and transit credits, because
there is no transit available and likely never will be. San Diego wisely pointed out that the
likelihood of people in 2020 using possible transit is highly unlikely and the number of trips
postulated to be internal is dubious. The ADT is excessively high and other than lowering
the number of residences there does not appear to be a way to reduce it, since there is now
no transit and if there were transit it likely would not go where anyone needed to go. A city
bus would take so long to get anywhere from this far east that it is doubtful anyone would
use it. East-West connections are woefully inadequate now and this project will only make
the situation worse. Olympic Parkway should have been built as a freeway, but was not.
It is important that the developer actually build the library and fire station and other
public buildings. This money should not go to the city to be used for debt payments as the
money for the Rancho Del Rey library did. It needs to be spent on what it is intended to
build. We have a library shortage now. We also have police not meeting a threshold. This
should mean that this development should not be allowed. If it is allowed in contradiction
with our ordinance, it must build the facilities needed. Most likely there needs to be a police
station or at least a storefront station here as well so the police have a chance of meeting
their threshold. This might be a good place for community policing with a foot or bicycle
patrol that gets to know the people and the community.
The park situation.in this development is totally unacceptable. Office plazas, jogging
paths, promenades are counted as 2.75 acres. The town square is considered 2.28 acres of
park and the Civic Plaza 1.62. These should be considered design amenities, not parks!!
This project with a projected population of 7,786-7,696 is providing only one 1.97-acre park,
one 1.51-acre park, one 1.9-acre park and one 3.6-acre park. A playing field requires 2.4
acres. This means only one regulation field for all these people. The city already has a
critical shortage of regulation size fields! There are no amenities that are going to provide
soccer and baseball fields for the youth and adults of this area. The suggested amenities
are not going to serve young families or teens at all. This is a horrible precedence. We
already have a huge deficit in the west. We do not need to start working on one in the east
as well. In lieu of fees are simply not acceptable. This developer needs to build the required
parks at adequate size to provide for the needs of the community. They should not be given
credit for design amenities that should be required nor allowed to pay in lieu fees.
7^-/~
Theresa Acerro
PO Box 8697
Chula Vista, CA 91912
',ij'
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
SUMMARY
CITY COUNCIL
AGENDA STATEMENT
~ \ 'f:. CITY OF
. 1t - (HULA VISTA
Item: 6?
Meeting Date:09/15/09
PUBLIC HEARING TO CONSIDER AN' APPEAL OF THE
DETERiVIINATION OF THE DEVELOPMENT SERVICES
DIRECTOR THAT THE PROJECT (TMP 08-08 SUBDIVISION
OF A 23,381 SQUARE FOOT SITE INTO THREE LEGAL LOTS)
IS CATEGORICALLY EXEMPT FROM THE PROVISIONS OF
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PER
SECTION 15315 OF THE STATE CEQA GUIDELINES. THE
SITE IS LOCATED AT 634 SECOND AVE.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DENYING THE APPEAL AND UPHOLDING
THE DECISION OF THE DEVELOPMENT SERVICES
DIRECTOR THAT THE PROJECT IS CATEGORICALLY
EXEMPT FROM CEQA PURSUANT TO SECTION 15315
(MINOR LAND DIVISION) OF THE STATE CEQA
GUIDELINES AND TO DENY THE REQUEST TO WAIVE ALL
APPLICATION FEES FOR THIS PROJECT-SAVE OUR
HERITAGE ORGANIZATION>.rI--
DEPUTY CITY MANAG~hEVELOPMENT SERVICES
DIRECTOR
CITY MANAGE~
4/5THS VOTE: YES
NO X
--
Consideration of an appeal of the project's (TPM 08-08 subdivision of a 23,381 square foot sitc
mto three legal lots) categorical exemption from the provisions of the California Environmental
Quality Act and a request to waive all application fees at 634 Second Avenue. Appellant: Save
Our Heritage Organization.
18-1
Item No.: /'i!
Meeting Date: 9/15/09
Page 2
ENVIRONMENTAL REVIEW
The 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 15 categorical exemption pursuant to Section 15315 (minor land division) of the State
CEQA Guidelines. Thus, no further environmental review is necessary.
RECOMMENDATION
Council conduct the public hearing and adopt the Resolution.
BOARDS/COMMISSION RECOMMENDATION
On May IS, 2009, the City Engineer and Development Services Director conditionally approved
a Tentative Parcel Map to subdivide a 23,3S1 square-foot site into three legal lots pursuant to
Chula Vista Municipal Code (CYMC) Section IS.20.
On May 2S, 2009 an appeal was submitted by Save Our Heritage Organization, Inc. of the
decision of the Development Services Department's conditional approval of Tentative Parcel
Map, TPM OS-OS. The Planning Commission considered the appeal on July S, 2009 and voted, 5-2-
0-0 to deny the appeal of TPM OS-OS and uphold the decision of the City Engineer and
Development Services Director to approve TPM OS-OS (see Attachment B, Planning Commission
Minutes, TPM-OS-OS). Pursuant to the Chula Vista Municipal Code, the Planning Commission has
the final decision making authority on Tentative Parcel Maps and a Tentative Parcel Map can not be
appealed to the City Council. However, the environmental exemption status on a project may be
appealed to the City Council pursuant to Section 21151 of the California Environmental Quality
Act.
On July 17, 2009, an appeal was submitted by Save Our Heritage Organization, Inc. of the
decision of the Development Services Director that the project (TPM OS-OS subdivision of a
23,3S1 square foot site into three legal lots) is categorically exempt from the provisions of the
California Environmental Quality Act per Section 15315 of the State CEQA guidelines. The
appellant also requests a waiver of all application fees based on financial hardship and denial of
due process.
DISCUSSION
Project Site Characteristics:
The 23,3S1 square-foot project site is located at 634 Second Ave. The project site is comprised
of one parcel located in the urbanized northwestern portion of the City of Chula Vista
(Attachment A-Locator Map). The project site is relatively flat with vehicular access from
Second Ave, with a driveway shared by both the subject property and the property to the north.
The project site currently contains a one-story, 1,124 square-foot single-family residential home
with a detached 76S square-foot garage. The existing surrounding land uses are as follows:
18-2
Item No.: / Z
Meeting Date: 9/15/09
Page 3
General Plan
Zoning
Current Land Use
Site: Residential Low Medium
South: Residential Low Medium
North: Residential Low Medium
East: Residential Low Medium
West: Residential Low Medium
Rl-Single-Family Residential
RI-Single-Family Residential
Rl-Single-Family Residential
Rl-l5-Single-Family Residential
Rl-Single-Family Residential
Single-Family Residential
Single-Family Residential
Single-Family Residential
Single-Family Residential
Single-Family Residential
Project Description:
The overall proposal consists of a 23,381 square-foot lot that is being subdivided into three legal
lots for individual ownership and the demolition of the existing single-family residence and
detached garage. Each lot will be accessed off a 20-ft shared driveway pursuant to Chula Vista
Municipal Code Section 19.22.150. Three guest parking spaces will be provided.
ANAL YSIS:
1) SOHO Appeal of the Project's Categorically Exemption per CEQA
On July 17, 2009, SOHO submitted an appeal, stating the following:
"The City's adoption of a categorical exemption is unlawful because the project may result in a
significant environmental impact via the demolition of the Percy House. There is substantial
expert evidencc in the record that the house may qualify for the California Register of Historical
Resources. There is also substantial evidence in the record that the proposed
subdivision/demolition project may have significant aesthetic impacts. Due to these unusual
circumstances, an environmental impact report should be prepared to assess project impacts and
feasible alternatives to demolition."
Staff Response: Upon preliminary review of the project, staff determined that the project
qualifies for a categorical exemption from the California Environmental Quality Act under
Section 15315 (Minor Land Divisions). The tentative parcel map would result in four or fewer
parcels, is consistent with the Chula Vista General Plan and Zoning Ordinance, does not require
any exceptions or variances, has access to public services, and does not have any slopes over
twenty percent.
CEQA Guidelines Section 15300.2(f) (Exceptions) states the following: Historic Resources. A
categorical exemplion shall not be used for a project which may cause a substantial adverse
change in the significance of a historic resource.
Pursuant to CEQA Guidelines Section 15060, a preliminary environmental review was
conducted. As part of the preliminary review an assessment of potential historic resources was
conducted by a qualified historic expert ("Expert"). Through this assessment, the Expert
determined that the existing stmcture, a bungalow built in 1912, is not significant. The analysis
and findings of the Expert can be found in the report titled "CEQA Historical Resource Analysis
Report", revised January 2009 ("Report"), attached hereto as "Attachment 0". The Report
examines each of the criteria under CEQA for determining historical significance.
18-3
Item No.: / f:
Meeting Date: 9/15/09
Page 4
Under CEQA there are essentially three categories of ."Historic Resources": 1) Mandatory
Historic Resources, 2) Presumptive Historic Resources, and 3) Discretionary Historic Resources.
A Mandatory Historic Resource is one that is listed in the California Register of Historic
Resources ("Register") or is determined by the State Historic Resources Commission to be
eligible to be listed. With respect to this structure neither applies; therefore, it is not a mandatory
historic resource. A Presumptive Historic Resource is one that is included in a local register of
historic resources or is identified in a historical resource survey as meeting requirements of
Public Resources Code Section 5024.1(g). As detailed in the Report, neither of these
requirements is met, so the structure is not considered a Presumptive Historical Resource.
Finally, there is the category of Discretionary Historic Resources, which allows a lead agency to
elect to use its discretion to determine whether a structure is a historic resource notwithstanding
the determinations in categories 1 and 2. Generally, under this category a lead agency examines
whether the resource meets the criteria for listing in the California Register of Historic Resources
and as such would be eligible for listing in the Register. In the current situation, the Expert
analyzed this question and determined that it did not meet any of the criterion. Therefore, the
existing structure is not considered significant pursuant to CEQA Guidelines Section 15064.5
and it is appropriate to apply the categorical exemption stated in CEQA Guidelines Section
15315 to the project.
Additionally, there is a claim put forward by the appellant related to the standard for determining
whether a resource is historic. The claim is that when reviewing whether a structure is eligible
for listing in the Register (the discretionary category), the "fair argument" standard should be
applied. The claim is without merit. Although a "fair argument" standard exists in CEQA, it
does not apply when determining whether a structure is historic.l The actual standard as
identified in section 15064.5(a)(3) is the "substantial evidence" standard. This standard basically
states that in order be obligated to classify a resource as historic, that it is eligible for listing in
the Register, the lead agency must first find that "substantial evidence" based on the record as a
whole exists. Without "substantial evidence" in the record, the lead agency has no obligation to
list the resource as historic. In this situation, the Expert did a thorough review of whether the
structure is eligible for listing in the Register. The Report indicates that the Expert found that no
evidence that would make the structure eligible for listing in the Register. Absent substantial
evidence, the structure would not be considered historic.
2) SOHO Appeal of all Application Fees
On July 17, 2009, SOHO submitted an appeal, stating the following:
"The appeal fee of $7,000 is also objected to as denying due process. Pursuant to 3.45.010 of the
Municipal Code, we the Chula Vista Historic Homeowners, hereby request a waiver of the
appeal fee of $7,000. The sole income of the Historic Homeowners is the profit earned on the
Chula Vista Historic Home Tours. Two years ago, our group donated $25,000 of our money to
the City to be used for an update of the historic building inventory. This contribution drastically
1 The "fair argument" standard applies only after a resource is determined "historic". If a resource has been
determined "historic" the "fair argument" standard will apply to the question of whether the proposed project "may
cause a significant adverse change in the significance of the historic resource" and thereby have a significant effect
on the environment.
18-4
Item No.: If?
Meeting Date: 9/15/09
Page 5
depleted our preservation fund. In addition to this appeal fee, we will need to pay a preservation
expert for a report on this matter. These expenses will completely wipe out our remaining funds.
In fact, depending on the cost, we may not have enough money to pay for the report at all. This
will mean that there will be no funds left in our account to finance another home tour, which we
are hoping to have next year. These tours benefit the City and are enjoyed by many of our
citizens. It would be unfortunate if we were not able to have the tour due to the expenses
incurred for this appeal. However, we feel this issue is so important to our City that we must go
forward with the appeal in the hope of saving the most historic neighborhood in our City."
Staff Response:
Current Council Policy and Chapter 3.45 of the Chula Vista Municipal Code provide an option
for the City Council to waive all or a portion of the processing fees for nonprofit organizations.
In order to waive all or a portion of processing fees, Council must find that a "peculiar economic
hardship or other injustice would result to applicant, which outweighs, when balanced against
the need for the City revenue and the need for a uniform method of recovering same from
those against whom it is imposed." CYMC Section 3.45.010(C)(3). The benefit of the services
provided by a non-profit organizalion may be included in the determination. Council Policy
267 -05
In the current economic environment, the failure of the City to collect the funds from the
applicant would cause financial hardship to the City, in that the City would not cover any of the
costs that the City has expended associated with this appeal; which could exceed approximately
$7,004.00 dollars. The failure to recover these funds would directly impact the City's General
Fund.
a. The Amount of the Processing Fee. In order to determine the correct processing fees
to cover all expenditures, a fee study was conducted to determine the total amount of
staff hours to process an application. Based upon staff's research, the $7,004.00
dollars would cover approximately all of staffs charges on a public hearing appeal
application; therefore, on March 26, 2007 the City Council adopted the fee in the
Master Fee Schedule.
b. Uniform Method of Recovering Fees. Since the adoption of the appeal fee in the
Master Fee Schedule, the Planning DIvision has processed several other public
hearing appeal applications and has found that the processing fee of $ 7 ,004 dollars is
adequate, if not less than what staffs actual billing hours are for a public hearing
appeal application.
In addition, the Appellant argues that the 57,004.00 dollar fee is an excessive amount to pay for
an appeal, so therefore, it is a denial of due process. In response to thIS claim, it should be noted
that the Planning Commission has already heard this appeal, considered all of the evidence
presented, and determined that the structure was not an "Historic Resource" and, thus, exempt
from CEQA review. Though CEQA does require that a City grant an appeal to its highest
decision~making body (in this case the City Council), CEQA does not require an appeal to the
Planning Commission prior to the appeal to Council. By prOVIding the first appeal, the City has
added an additional layer of procedural due process protections for the Appellant. Also, the first
appeal was heard at public hearing and provided at a cost below the actual costs incurred by the
18-5
Item No.: If?
Meeting Date: 9/15/09
Page 6
City. The appeal to the Planning Commission cost the Appellant $350.00 so, the General Fund
has already been impacted in the appeal of this project. By reducing the fees for this appeal, the
impact to the General Fund will be even greater.
DECISION-MAKER CONFLICTS:
Conflict:
Staff has reviewed the property holdings of the City Council and has found a conflict, in that
Councilmember Pamela Bensoussan has property holdings within 500 feet of the boundary ofthe
property which is the subject ofthis action.
CURRENT YEAR FISCAL IMPACT
The application fee and processing cost are paid for by the Appellant. There.is no impact to the
City's General Fund if the City Council approves the attached resolution, PCM-09-20, denying
the request to waive all application fees for this project.
However, if the City Council were to approve the reimbursement of the application fee and
processing cost to the Appellant, the City's General Fund could be impacted up to approximately
$7,004.00 dollars or more, which is the application fee to process a public hearing appeal
according to the approved Master Fee Schedule.
Due to the processing of the first appeal, TPM 08-08 by the Appellants, the City's General Fund
has already been impacted in the amount of $7,893.17. Any reduction in the current application
fees of PCM-09-20, will further affect the City's General Fund.
ONGOING FISCAL IMPACT
Not applicable.
ATTACHMENTS
A. Locator Map
B. Planning Commission Minutes, TPM-OS-OS
C. PCM-09-20 Appeal Application
D. CEQA Historical Resource Analysis Report
E. Project Plan
Prepared by: Caroline Young, Assistant Planner, Planning Division
nPI:mning\Caroline\Discretionary Permits\Kevin 0' Neill Lot Split\PCM-09-20 Appeal\PCM-09-20 Final CC Starr Report.doc
18-6
18-7
ATTACHMENT A
Locator Map
"
.,
C HULA VISTA PLANNING AND BUILDING DE PARTM E NT
,
LOCATOR PROJECT PROJECT DESCRIPTION:
C) APPLICANT: Kevin O'Neill PLANNING COMMISSION APPIEAL .
PROJECT 634 Second Av Project Summary: Appeal of the DSD that the prcject (TPM-D8-08)
ADDRESS: is categorically exempt per section 15315 of the state CEOA guidelines.
,
I SCALE: FILE NUMBER:
NORTH No Scale PCM-09-20 Related cases: 15-(19-011, TPM..(Ja.oa
L:\G2be Files\locators\pcm0920.cdr 08 26.09
18-8
ATTACHMENT B
Planning Commission Minutes, TPM-08-08
18-9
MINUTES OF THE
PLANNING COMMISSION
OF THE CITY OF CHULA VISTA
6:00 p.m.
July 8, 2009
Council Chambers
276 Fourth Avenue
Chula Vista, California
CALL TO ORDER: 6:05:27 PM
ROLL CALL / MOTIONS TO EXCUSE:
Members Present: Tripp, Clayton, Moctezuma. Vinson, Spethman, Thompson,
Felber
INTRODUCTORY REMARKS: Read into the record by Chair Tripp
APPROVAL OF MINUTES: June 10,2009
MSC (Thompson/Clayton) (5-0-1-1) to approve minutes of June 10, 2009 as submitted.
Motion carried with Cmr. Thompson abstaining and Cmr. Moctezuma absent for the vote.
ORAL COMMUNICATIONS:
No public input.
CONSENT AGENDA:
None
PUBLIC HEARINGS:
1. Public Hearing:
TPM 08-08; Consideration of an appeal of a conditional
approval of Tentative Parcel Map to subdivide a 23,381 sf
site in the R-1 zone into three legal lots. The site is
located at 634 Second Avenue. Appellant: Save Our
Heritage Organization.
Background: Rima Thomas reported that Save Our Heritage Organization (SOHO) filed an
appeal of the decision of the Development Services Department's conditional approval of
Tentative Parcel Map TPM 08-08.
The project site is comprised of a single 23,381 sf parcel located at 634 Second Avenue
with an existing one-story residence and detached garage. Vehicular access is available
from Second Avenue with a driveway shared by both the subject property and the property
to the north. The proposal consists of subdividing the single parcel into three lots for
individual ownership and the demolition of the existing residence and garage.
18-10
Planning Commission Minutes
-2-
July 8, 2009
Steve Power cited the following as grounds for the appeal:
. The TPM violates the Public Resources Code and the exemption is not proper when a
project may have a significant impact on a historic resource.
. The site is not physically suitable for the development in light of the proposed demolition
of an architecturally and historically important structure of cultural and aesthetic value to
the community.
Mr. Power's response was that pursuant to CEQA Guidelines Section 15060 an assessment
of potential historic resources was conducted by a qualified expert who examined each of
the criteria for determining historical significance, they are: 1.) Mandatory Historic Resource,
2.) Presumptive Historic Resources, and 3.) Discretionary Historic Resources. The project
was found to not qualify under any of those criteria and it was determined that it qualified for
a categorical exemption from CEQA under Section 15315 (Minor Land Divisions).
Each one of the lots meets the lot size and dimension requirements of the R-1 zone,
therefore, the project is consistent with the applicable criteria for land division.
Staff Recommendation: That the Planning Commission adopt the resolution denying the
appeal and approving Tentative Parcel Map TPM 08-08 based on the findings of fact
contained therein.
Public Hearing Opened. 6:29:04 PM
Bruce Coons, the appellant, representing Save Our Heritage Organization stated that
collectively they have extensive years of experience evaluating historic resources and it is
their professional opinion that the building has the potential of being a historic resource
under CEQA.
Mr. Coons further stated that the City's approval of TPM via a CEQA exemption is not
proper when a project may have a significant impact on a historic resource. Expert evidence
supports a fair argument that the house is eligible for listing on the California Register of
Historic Resources. According to prior case law a building must be treated as historic for
determining the level of CEQA review required if there is a fair argument of historic status.
6:35:05 PM Colleen Flemming stated she opposes the proposed project because it would
ruin the integrity of this historic neighborhood, therefore, she supports the appeal and
opposes staff's recommendation for approval of TPM 08-08.
6:36:19 PM Peter Watry stated he opposed the project because the density increase will
change the historic character of the neighborhood. Additionally, three dwelling units sharing
a single driveway may create a potential problem with access for emergency vehicles. He
supports the appeal and opposes staff's approval of TPM 08-08.
6:39:25 PM Eric Fotiadi, Architect and Structural Engineer stated he has retrofitted historic
homes in Coronado, integrating them into the fabric of the neighborhood. He described the
unique characteristics of the type, period and method of construction of the Craftsman
bungalo and urged the Commission to preserve it for posterity.
6:42:25 PM Coreen McCall stated she believes the Percy Clay house meets the criteria to
be eligible for designation in the California Register of Historical Resources based on the
18-11
Planning Commission Minutes
-3-
July 8, 2009
following criteria: 1.) it's associated with patterns of events that made a significant
contribution in local or regional history; 2.) it's associated with the lives of persons important
to local or regional history; and 3.) it embodies the distinctive characteristics of a type,
period, or method of construction with artistic values. Ms. McCall then gave a historical
overview of the house and surrounding neighborhood. She expressed concern. with
increased density, parking along the shared single driveway and blocking access of
emergency vehicles. She supports the appeal and opposes staff's approval of TPM 08-08.
Carol Flemming, stated it would be a tragedy to demolish a house that will be 100 years old
when the City celebrates its Centennial; she supports the appeal and opposes the proposal.
Jill Galvez stated she opposes the destruction of the Percy Clay home and stated that this
historic neighborhood is one of the crown jewels of Chula Vista that is showcased in the
Annual Historic Home Tour attracting visitors and hobbyists from the region.
Glenda Devaney, organizer of the Historic Home Tours, stated the tour raises awareness of
the treasure of historic homes and enhances the image of Chula Vista; they have donated
$25,000 to be used in completing a new inventory of historic buildings. The Percy Clay
home needs to be preserved and the neighborhood protected from over-development.
James McVeigh stated the City has invested in developing a Historic Preservation
Ordinance and the City's General Plan is designed to preserve and protect historic
neighborhoods on the west side. He urged the Commission to look beyond at the long-
range benefits of preserving our valuable resources.
Jim Peterson stated that the area between I and J along Del Mar and Second Ave was
determined by a study the City commissioned back in 1992 that this neighborhood
contained the most important historic structures in Chula Vista. Degradation of the
neighborhood is evident by having one long driveway serving three residents.
Georgie Stillman stated the house is listed in our Historical Resource Inventory and was
built by a pioneer Chula Vistan. Back when Greg Cox was Mayor he proposed that the
neighborhood be designated a Historic District, which meant that if you develop on it you
would keep in stylistic harmony with the neighborhood.
Kevin O'Neill stated he's heard all of the arguments as to why this is a historical house, but
more importantly it's not substantiated by the facts as outlined in the CEQA Historical
Resource Analysis Report prepared by Wendy Becker, a highly credential expert in the field.
All of the issued that have been raised have been addressed in the report.
Public Hearing Closed. 7:09:47 PM
Commission Questions.
Cmrs. Thompson asked if staff had had adequate time to review the materials that were
placed on the dais tonight and if they in any way changed their analysis.
Mary Ladiana stated they did review the materials and it didn't change their findings in any
way.
18-12
Planning Commission Minutes
-4.
July 8, 2009
Cmr. Moctezuma asked for clarification on a statement made by Mr. Coons that when two
expert opinions differ, the assumption is made in favor of the expert who believes a building
has historical significance.
7:14:59 PM Deputy City Attorney Miller stated that the standard that has been presented by
SOHO is incorrect; the proper standard under CEQA is Substantial Evidence on the record
that the home is of a historic nature. The Fair Argument Standard does not apply until after
the home is declared historic to determine whether or not there would be an environmental
effect.
Cmr. Spethman stated there was mention of preserving the home, but adding a second
story in order to maximizing this property's profitability; he asked Ms. Becker's opinion on
the matter. Additionally, Cmr. Spethman asked how feasible would it be to relocate the
house somewhere else on the lot; could the structure withstand the move.
Ms. Becker stated that if the perspective is that the building is a historical resource, adding a
second story would constitute the same level of material impact as demolition would; it
would negate the integrity of the building. With regard to the move, Ms. Becker stated that
she's not a structural engineer nor does she know what is the structural integrity of the
house. It's always possible to relocate a historic building; the feasibility is more financial in
nature.
Cmr. Thompson stated that looking at the plot it appears that there could be three 7,000 sf
lots with the house being preserved and asked if the applicant had given any consideration
to that.
Mr. O'Neill stated he had, however, there is an existing hammer-head condition that was
created when the adjacent lot was split and based on Fire Department requirements, it didn't
work.
Cmr. Vinson stated he knows Mr. O'Neill to be a fair-minded businessman who champions
and is a protector of the Single Family Residential zone in Chula Vista. Cmr. Vinson also
fervently believes in owner property rights, therefore, he supports staff's recommendation to
deny the appeal.
Cmr. Felber stated he is a big supporter of historic resources, however, in his opinion, the
evidence was not compelling enough to make the necessary findings against the project,
therefore, he supports staff's recommendation to deny the appeal.
Cmr. Clayton stated the Commission is placed in a very difficult position of having to look at
protecting owner property rights and the neighboring owners' perception as to how this
change will affect them. She concurs with her fellow commissioner's comments that there is
no compelling rebuttal to support the appeal, therefore, she is supporting staff's
recommendation.
Cmr. Thompson stated that in spite of Ms. Becker's analysis he feels like we're losing a
community resource and wished there could be a way for the applicant and the neighbors to
sit down and work out a plan where the house could be preserved.
18-13
Planning Commission Minutes
-5-
July 8, 2009
Cmr. Moctezuma echoed Cmr. Thompson's comments and stated she is torn between the
two because, in her opinion, there is substantial evidence in the record that mentions the
house and may qualify for the California Register of Historical Resources.
Cmr. Tripp stated that in many case, two parties come to different conclusions, however,
from an outsiders point of view, what can tip the scale is evaluating two equally credentialed
experts' analysis; in his opinion, the appellant did not prevail in providing substantial
evidence to make the necessary findings in his favor.
MSC (ClaytonNinson) (5-2) that the Planning Commission adopt the resolution
denying the appeal and approving Tentative Parcel Map TPM 08-08 based. on the
findings of fact contained therein. Motion carried with Cmrs. Moctezuma and
Thompson voting against the motion. 7:42:30 PM
2. Public Hearing:
EIR 07-01; Close of the public review period for the Draft
Second Tier Environmental Impact Report for the Eastern
Urban Center Sectional Planning Area (SPA) Plan and
Tentative Subdivision Map.
Marni Borg stated that the purpose of the public hearing is to hear oral comments on the
adequacy of the EUC Draft EIR and to close the forty-five day public comment period. All
comments received this evening will be considered and addressed in writing as part of the
Final EIR. No motion or vote by the Planning Commission is necessary this evening; the 45
day public review comment period on the Draft EIR will end with the closing of the public
hearing tonight.
Public Hearing Opened.
Ahmad Solomon, representing SDG&E stated they do not oppose the EUC SPA Plan,
however, they would like to continue working with the City, as well as the developer, in siting
an electric facility that can serve the future growth planned in this particular development.
Public Hearing Closed. (7:58.39)
ACTION ITEMS: 7:58:32 PM
1. Selection of new Chair and Vice Chair for FY 09-10
Cmrs. Clayton and Vinson were nominated to serve as Chair and Vice Chair; they both
accepted the nomination.
Cmr. Clayton was nominated to serve as Chair; nomination failed with a vote of (2-5).
Cmr. Vinson was nominated to serve as Chair; nomination passed with a vote of (5-2).
Cmr. Clayton was nominated to serve as Vice Chair; nomination passed with a vote of (7-0).
18-14
Planning Commission Minutes
-6-
July 8, 2009
2. Consideration to change starting hour for Planning Commission meetings.
There was discussion regarding the reason for the request, which are mostly due to
budgetary reasons i.e. staff overtime payment.
Although some members of the Commission stated they have flexible work schedules and
could meet earlier, the majority felt that due to their work schedule, an earlier time would
create a hardship to them, notwithstanding the fact that starting earlier might preclude
members of the public from being in attendance at these meetings because of their work
schedule; for these reasons they would like to retain the same starting hour of 6:00 p.m.
Adjournment to a regular Planning Commission meeting on July 22, 2009.
Submitted by,
Diana Vargas
Secretary to the Planning Commission
18-15
ATTACHMENT C
PCM-09-20 Appeal Application
18-16
~\~
~
p I ann
n g
&
Building
Planning Division I
Department
Development Processing
mY OF
CHULA VISfA
APPEAL APPLICATION FORM
Appeal the decision of the:
o Zoning Administrator
o Design Review Committee
JSl Planning Commission
Application Information
Name of
Appellant: Save Our Heritage Organisation
Home Address: None
Business Address: 947R S,,, Di~go AV~""P S,,, D;P3"o C'A ",0.110
Project Address:
63+ Second Avenue
Project Description: Tentative Darcel maD. TPM #OS-DS
(Example: zone change, variance, conditional use permit, design review, etc.)
o
Please use the space below to provide a response to the decision you are appealing. Attach
additional sheets, if necessary.
Appeal of Planning Commission approval of a tentative map
The City's adoption of a cate?;orical exemption is unlawful because the pro;ect IIiaV result in a signiflcant
.environmental impact via the demolition of the Percy Clav House. There is substantial eA-pert evi deuce in the
record that the house may QUalifv for the California Recister of Historical Resources. There is also substantial
evidence in the record that the proposed subdivision! dereolition proiect m.av have sie:n.ificant aesthetic irnoacts.
Due to these tIDusual cirCU!!lStances. an e!lvironmental impact report should be prepared to assess prolect
iTTmacts and feasible alternatives to de.D:!..olition.
The anpeal fee of $7000 is also obiected to as den vin~ due process.
~'N1". ~/ ~/?_ /nc;- ~n
Signature of Appellant Date I / / ~~ ~ :::u
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DO NOT WRITE IN THIS SPACE ~~ pi 0
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The above matter has been scheduled for public hearing before the:
o Planning Commission
o City Council
on
Planning Commission Secretary
City Clerk
276 Fourth Avenue
Chula Vista
California
91910
(6191691-5101
18-17
Corinne McCall
642 Second Avenue
Chula Vista, CA 91910
RECEIVED
'Q9 Jt 17 A9 :~7
Jim Sandoval
City Manager
City of Chula Vista
CITY OF CHUlA VIS1 t.
CITY CLERK'S OFFICE
July 16,2009
RE: Appeal/Tentative Parcel Map
634 Second Avenue
Dear Mr. Sandoval,
Regarding the appeal that is being filed regarding CEQA compliance on the above
tentative parcel map, it is my understanding that this appeal, and the $7,000. appeal
fee will be held in suspense while discussions with Mr. 0' Neil to settle this matter
are pursued.
Please be advised that the funds for this $7,000. fee are being paid by the Chula Vista
Historic Homeowners group, of which I am a member. These funds are from monies our
group has saved by conducting historic homes in the city of Chula Vista
Our group has asked the Save Our Heritage Orgalllzation (SOHO) to represent us in
this case because of their expertise in preservation law and CEQA statutes. The appeal
and the fee are being filed within the prescribed 10 day period to preserve our appeal
rights.
We will also ftle a request for a waiver of the $7,000. fee in the event that the discussions
with !vk O'Neil are not successful; although, it is my sincere hope that they will be.
Thank you for your consideration in this matter.
Sincerely,
Corinne McCall
Chula Vista Historic Homeowners Group
18-18
RECEIVED
17 July 2009
'09 .it 17 P 5 :39
City Council of Chula Vista:
CITY OF CHULA VIS r k
CJTY CLERK'S OFFICE
Pursuant to 3.45.010 of the Municipal Code, we, the Chula Vista Historic Homeowners, hereby request a
waiver of the appeal fee of $7,000 in case number TPM 08-08.
The sole income of the Historic Homeowners is the profit eamed on the Chula Vista Historic Home Tours.
Two years ago, our group donated $25,000 of our money to the city to be used for an update of the
historic building inventory. This contribution drastically depleted our preservation fund.
In addition to this appeal fee, we will need to pay a preservation expert for a report on this matter. These
expenses will completely wipe out our remaining funds. In fact, depending on the cost, we may not have
enough money to pay for the report at all.
This will mean that there will be no funds left in our account to finance another home tour, which we are
hoping to have next year. These tours benefit the city and are enjoyed by many of our citizens. It would be
unfortunate if we were not able to have the tour due to the expenses incurred for this appeal.
However, we feel this issue is so important to our city that we must go forward with the appeal in the hope
of saving the most historic neighborhood in our city.
Thank you for your consideration in this matter.
'-'\~ ~~~ CM-- ~~
(;hcia \iist; Historic Homeowners
e
~
18-19
ATTACHMENT D
CEQA Historical Resource Analysis Report
18-20
CEQA HISTORICAL RESOURCE ANALYSIS REPORT
634 20' A venue, Chula Vista, CA 91910
APN: 573-\80-12-00
SUBMITTED TO:
City of Chula Vista
Planning Division
430 F Street
Chula Vista, California 91910
&
Kevin O'Neill
M. Kevin O'Neill Construction
621 Del Mar Avenue
Chula Vista, CA 91910
PREPARED FOR:
Kevin O'Neill
M. Kevin O'Neill Construction
621 Del Mar A venue
Chula Vista, CA 91910
:-.-.,_____.m___ ...... __ _ ....
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PREPARED By:
Wendy L. Tinsley Becker, AICP
Principal Historian / Preservation Planner
Urbana Preservation & Planning
255 G Street #399, San Diego, CA 92101, 619-S43-0693/P
wendy@urbanapreservation.com
Revised January 2009
PRflfRVMION 8. PlhNNING
18-21
--.--.:
PL~J~~?' J;
-._._----~....,--_._.
CEQA Historical Resource Analvsis Report
6342" Avenue, Chula Vista, Calijornia, 9/910
TABLE OF CONTENTS
I. Executive Summary
II. Introduction......................
Methodology ..............
...........................................1
............................. .. 2
.... 2
City ofChula Vista Historic Preservation Framework,..,...
...........2
...4
.......5
..... 13
CEQA and Historical Resources ...... ...............,...........................
Ill. Historical & Architectural Overview...... .................. .........................
IV. Significance Criteria...
California Register of Historical Resources ,...
..13
.....15
. IS
..... IS
............ 17
V. CEQA Interpretation .....................................
Historical Resource Detennination......
VI. Conclusions / Summary .
VII. Bibliography... .
Works Cited ....
............ 17
APPENDICES
1. San Diego County Assessors Office Confidential Residential Building Record - 634 2nd Avenue,
(APN: 573-]80-]2) Chula Vista, CA 91910.
2. Department of Parks & Recreation 523 Series Forms - 634 20' A venue, Chula Vista, CA 91910
(Prepared by Urbana Preservation & Planning, November 2008).
3. Department of Parks & Recreation Historic Resources Inventory Forms - 634 2nd Avenue, Chula Vista,
CA 91910 (Prepared by the City orChula Vista, September 1985).
Urbana Prell?rvotion & Planning
January 2009
ii
18-22
CEQA Historical Resource Analysis Report
634 2IJd Avenue, Chula Vista, California, 919]0
I. EXECUTIVE SUMMARY
This Historical Resource Analysis Report (HRAR) was prepared at the request of property owner and
project applicant Kevin O'Neill in order to evaluate the potential historical and architectural significance of
a single-family dwelling located at 634 20' Avenue on Lot 14, Block 2 of the Chula Vista Villa Tract
recorded as map number I] 34 on May 2], ] 908. The 634 2nd A venue property is identified as Assessors
Parcel Number (APN) 573-180-12-00.
Originally constructed in approximately 19] 2, the 634 2nd Avenue property exhibits basic design
characteristics attributed to the vernacular Craftsman style of architecture, which was popularized
throughout the country, especially in California, after completion of the Gamble House in Pasadena,
California by the firm Greene & Greene. The Gamble House serves as an iconic example of the Craftsman
style, and brothers Charles Sumner Greene and Henry Mather Greene were considered purveyors of the
style, alongside with Gustav Stickley, who published Craftsman style house plans and articles on the
themes of art and architecture in his magazine The Craftsman between 1900 and 1916. The Craftsman
style was readily adapted for owner and carpenter built vernacular bungalows and cottages erected in
Southern California from the 191 Os through the 1920s.
Many of these bungalows and cottages were of vernacular (built without the intervention of a professional
architect) design and construction and shared very few common design characteristics or exterior finishes
originally employed by Greene & Greene at the Gamble House, or by Gustav Stickley in his publications.
Rather, many of the vernacular dwellings, including the home at 634 2nd Avenue, fall short of distinction
when compared to the iconic examples of the style due to a lack of features and design components that
fonn the Craftsman style and philosophical aesthetic. As a result many of these dwellings do not appear to
be individually eligible for designation or recognition as an historical reSOurce due to architectural
distinction, rather groupings of these intact properties are better represented as historic districts that, in
sum, represent and embody lower and middle-class housing and domestic architecture in the early part of
the Twentieth century.
The 634 2nd Avenue residence was documented on Historic Resources Inventory forms as part of the City
of Chula Vista's 1985 historical survey efforts, and subsequent site designation program. A statement of
significance was not prepared for the home, nor was a National Register of Historic Places status code
assigned for the property, which was the standard eligibility criteria utilized in the mid-1980s at the time of
the Chula Vista survey. As part of the 1985 survey the 634 20' A venue property was determined to be a
"good example of the 19] Os bungalow". The dwelling is not currently designated or officially recognized
on the City ofChula Vista Historic Sites Register (also known as the Draft City ofChu[a Vista Local
Register of Historical Resources) or the California Register of Historical Resources.
The subject property is proposed for demolition in order to construct a new residential project at the site.
Because the residence at 634 2nd Avenue is more than 50 years old an intensive level historical survey for
the property is necessary prior to the issuance of any discretionary permits for projects there in order to
determine whether the residence may be considered historically or architecturally significant, and
consequently, considered to meet the definition of an historical resource under the California
Environmental Quality Act (CEQA). This HRAR was prepared in accordance with the policies and
regulatory framework included in the City ofChuJa Vista General Plan and the Guidelines of the California
Environmental Quality Act ir. order to:
assist in the determination of whether the 634 2nd Avenue property is individually eligible for
inclusion on the California Register of Historica[ Resources, or the City of Chula Vista Historic
Sites Register; .
assist in the determination of whether the 634 2nd A venue property meets the definition of an
historical resource set forth in S 15064.5 of the CEQA Guidelines, and
aid in the evaluation of the potential effects or impacts the proposed demolition may have on
historical resources.
As part of this analysis the 634 2nd Avenue property was determined to be of average quality and
architectural distinction. It was not observed to be a good example, which indicates excellent or high
qualities. The property was not found to embody the distinctive characteristics of the Craftsman style of
Urbano Prelervatian & Planning
January 2009
]
18-23
CEQA Historical Resource Analysis Report
634 2nd Avenue. Chula Vista, California. 91910
architecrure, nor was it identified as an excellent example of a bungalow constructed in the first decade of
the Twentieth century. The home was observed to be of average quality and of typical character, and was
found to not meet the eligibility criteria for individual inclusion on the California Register of Historical
Resources and therefore does not appear to be individually eligible for local level designation or
recognition by the City of Chula Vista Resources Conservation Commission.
The building does not appear to be a significant example of vernacular Craftsman style architecture, nor
does it appear to hold a significant and direct association with the historical development ofChula Vista in
the first part of the Twentieth Century As a property type, the dwelling is a modest bungalow which does
not fully articulate or convey the stylistic details or underlying philos.ophical influences which culminated
into the American bungalow from the 1880s fOrNard. Additionally no information was found to support a
statement of significance for past owners or occupants of the home. Because the dwelling has been
determined ineligible for inclusion on any local, state, or national historic sites register, the 634 2nd Avenue
property does not appear to meet the definition of an historical resource under the CEQA Guidelines, and
therefore, demohtion or another project at the site would not appear to cause a significant adverse effect in
a historical resource of the environment pursuant to California Public Resources Code S 15064.5.
Urbano Prmrvotion & Planning
January 2009
2
18-24
CEQA Historical Resource Analysis Report
634 2"d Avenue, Chu{a Vista, California, 91910
n. INTRODUCTION
This Historical Resource Analysis Report (HR.P..R) was prepared in November 2008 and revised in January
2009 by \Vendy L. Tinsley Becker, A1CP, Principal Historian / Preservation Planner of Urbana
Preservation & Planning, in order to evaluate the potential historical and architectural significance of 3.
historic-era home at 634 2nd Avenue in Chula Vista, California.
The 634 2nd Avenue property was constructed in approximately 1912, according to San Diego County
Assessors Building Records, and is approximately 96 years old. Any property over 50 years old may be
reviewed for eligibility as a Historical Resource under the California Environmental Quality Act (CEQA)
during the discretionary permit review and approval process. This HRA.R was prepared to assist in the
determination of whether the 634 2nd Avenue property is individually eligible for inclusion on the
California Register of Historical Resources, or the City of Chula Vista Historic Sites Register; assist in the
determination of whether the 634 2nd Avenue property meets the definition of an historical resource set
forth in S 15064.5 of the CEQA Public Resources Code; and aid in the evaluation of the potential effects or
impacts the proposed demolition may have on historical resources.
l'rfethodology
The methodological approach for this HRAR consisted of a site visit, and historical property and
neighborhood research conducted at the Chula Vista Public Library, the City of Chula Vista Planning,
Building and Engineering Departments, the San Diego County Assessors Office, the City of San Diego
Public Library, and the San Diego Historical Society. Supplemental research on the property and the
surrounding neighborhood was conducted via the Internet and using the consultant's in-house library.
In October 2008 a site visit was made to the 634 2nd Avenue property in order to photograph the building
and vicinity. During the site visit a brief architectural description of the property was created for use in this
report.
A search for building permits and water and sewer connection records was conducted at the City of Chula
Vista Planning, Building and Engineering Department; no information was located relative to the 634 2nd
A venue property. A search was also conducted for previously submitted historical resource survey
documentation for the 634 2nd A venue residence; the property was documented as part of the 1985 City of
Chula Vista Historical Survey and the results of that documentation efforts are included in this report. No
information was identified for the property at the California Historical Resources Information System's
South Coastal Inforrnation Center, and the property is not listed on the California State Office of Historic
Preservation's Historic Property Data File for San Diego County. A Confidential Building Record was
obtained for the dwelling from the San Diego County Assessors Office - Realty Division in Kearney Mesa,
and a copy of the May 2008 Chula Vista Villa Tract map was obtained from the San Diego County
Recorders Office. The home's Master Property Record was also reviewed at the San Diego County
Assessors Office in Room 103 of the County Administration Center.
Historical research conducted at the Chula Vista Public Library, San Diego Public Library California
History Room and the San Diego Historical Society included a review of San Diego City & County
Directories. Sanborn Fire lnsurance Maps (1918-1950s) and San Diego Union-Tribune articles relating to
past occupants of the 634 2nd Avenue property. Research conducted at the San Diego Historical Society
entailed a review of assorted reference resources including historic photograph books of Chula Vista.
Resources utilized from Urbana's in-house library include previously prepared historic context statements
on the Craftsman style, published books on the Craftsman style and the associated bungalow property type,
and the seminal publication Chula Vista Heritage, 1911-1986 prepared by the City ofChula Vista to
commemorate the C~ty's 75U, anniversary celebration.
City of Chula Vista Historic Preservation Framework
Chula Vista General Plan
Language pertaining to demolition of buildings, and specific policies, goals and objectives for Chula
Vista's historic preservation program are contained within the City's General Plan as follows.
Urbana Prelervation 8. Planning
January 2009
3
18-25
CEQA Historical Resource Analysis Report
634 rd Avenue, Chula Vista, Cal!fornia, 91910
S 1544.050 Demolition, removal - Pennit required:
o Before any building within the city is demolished or removed, the person, firm or
corporation doing the demolishing or removing shall first obtain a permit from the
building and housing department.
. 97.02.010 State and local environmental review process:
o The city council, from time to time. shall adopt by resolution procedural guidelines to be
followed to insure compliance with CEQA and local environmental processes.
Chula Vista Municipal Code
Although the City of Chula Vista Municipal Code does not currently contain a historic preservation
ordinance, the City's Resources Conservation Commission advises the Chula Vista City Council on local
historic preservation issues pursuant to Municipal Code section 2.32.070 and section 2.32.090
Chula Vista Local Criteria/or Historic Site Consideration
The City of Chula Vista criteria for local historic site consideration are included here, however, for the
purposes ofCEQA review the City utilizes the eligibility criteria of the California Register of Historical
Resources. For a property to be considered for inclusion on the Chula Vista List of Historic Sites a
property must meet at least one of the following criteria.
1. Bears a relationship to overall heritage on a local, state, or national basis, or
2. Relates to a historic personage who played an important role historically, on a local, state, or
national basis, or
3. A site where an important event took place, or
4. Distinguishing architecrural characteristics that are identifiable, or
5. Archaeologically significant in its association with pre-history of the area, or
6. Has integrity (Evidence of original fearures).
CEQA and Historical Resources
For the purposes of CEQA review the City of Chula Vista utilizes the eligibility criteria of the California
Register of Historical Resources. CEQA Public Resources Code 921084.1 provides that any project that
may cause a substantial adverse change in the significance of an historical resource is a project that may
have a significant effect on the environment. Public Resources Code g5020.1 (q) defines "substantial
adverse change" as demolition, destruction, relocation, or alteration such that the significance of the
historical resource would be impaired. According to Public Resources Code 95024. I, an historical resource
is a resource that is listed in, or detem'1ined to be eligible for listing in the California Register or Historical
Resources; included in a ioca! register of historical resources; or is identified as significant in an historic
resource survey if that survey meets the criteria specified in Public Resources Code 95024.1 (g).
In order to be eligible for designation by the State Historical Resource Commission and therefore eligible
for inclusion on the California Register of Historical Resources a property must meet one of the four
criteria.
1. It is associated with events or patterns of events that have made a significant contribution to
the broad patterns of local or regional history, or the cultural heritage of California or the
United States; or
2. It is associated with the lives of persons important to local, California, or national history; or
3. It embodies the distinctive characteristics of a type, period, region, or method of construction,
or represents the work ofa master, or possesses high artistic values; or
4. It has yielded, or has the potential to yield, information important to the prehistory or history
of the local area, state or the nation.
The property at 634 2nd A venue was researched and evaluated in accordance with the significance
guidelines and eligibility criteria of the California Register of Historical Resources by Wendy L. Tinsley
Becker, AlCP, Principal Historian I Preservation Planner of Urbana Preservation & Planning in November
2008.
Urbana Preservation 8, Planning
January 2009
4
18-26
CEQA Historic~1 Resource Analysis Report
634 2nd Avenue, Chula Vista, California, 91910
The 634 2nd A venue property is not currently included on the California Register of Historical Resources or
designated as a historically significant site in the City ofChula Vista. As part of this HRA.R the 634 2nd
Avenue property has been determined ineligible for inclusion on the California Register of Historical
Resources. In order to comply with the local CEQA review process, the California Register of Historical
Resources eligibility criteria have been applied as part of this review. The California Register eligibility
criteria are broadly worded to account for the possibility of local level significance for properties and as
such, serve as the primary threshold for eligibility reviews throughout the state for those municipalities
without adopted local eligibility criteria.
III. HISTORICAL & ARCHITECTURAL OVERVIEW
The present-day 634 2nd A venue property is located on the southern 80 feet of Lot 14 Block 2 of the Chula
Vista Villa Tract (Recorded May 21, 1908 as Map No. 1134) which was a partial re-subdivision of Section
139 of the San Diego Land & Town Company's (SDL TC) ,\Iap afChu/a Vista, San Diego Coun~/, Ca/ as
recorded on March 13, 1888 and f1!ed as San Diego County subdivision map number 505. The SDLTC's
Map ofChu/a Vista predates the first fonn of the State Subdivision Map Act passed in 1893 that mandated
filing of subdivision or land plat maps prior to physical subdivision or
sale of land lots illustrated within. According to the publication Chula
Vista Heritage, 19 JJ -1986 the SOL TC .~'~,'::~'~~';;Y'.:~.~I ,.
Approached the developmen: ofChu!a Vista with a totally different
attitude. The company wanted to induce permanent settlement an
improvement of the tract, notjusl sell the land. To this end, the 5,000-
acre tract was cleared of brush, graded and subdivided into a gridiron
pattern. The 40-acre blocks of 1 Q-acre parcels were laid out to the east
of what would eventually be called National Avemle, with 60-acre
blocks of I Q-acre parcels to the west. Streets SO feet wide were
graded and sidewalks leveled. Hundreds of trees. including evergreen,
pepper, olive, cypress, eucalyptus and palm, planted by the Land and
Town Company, enhanced the appearance of the property. The
company spent over S50,000 on improver:1ents.1
Figure 1:
San Diego Land & Town Company's Map olehl/fa Visla, San Diego County,
Col.
(Map No. 505. Recarded March /3 /888).
Based on a review of a.N. Sanford's 1894 Piot ofChuia Vista the
Residence Suburb o/San Diego the 634 2nd Avenue property is believed
to have been originally owned
by the 'Gulick Brothers' and according to Sanford's map notations,
the property was not planted with deciduous fruit trees as was
typical to SDL TC lots purchased and developed in the tirst two
decades of the town's history.
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In 1888, faced with deflated land values and poor lot sales, the
SDL Te established a new incentive program for potential
purchasers offering twenty acres of free land on the condition that
the property owner plant the acreage with citrus trees; after five
years the SDL Te would deed ten acres to the property owner, and
sell the remaining ten acres to a new purchaser. It appears from
Sanford's observation's and map description, the present-day 634
2nd A venue property was not developed with a citrus or other fruit
trees, and was oat likely part ofa SDL TC free twenty-acre laod
promotion. The dwelling constructed at 634 2nd Avenue residence
is not a Chula Vista 'Orchard House'.
(RIGHT) Figure 2: o.N. Sanford's Plat Map ofChula Vista the Residence
Suburb of San Diego, /894.
Urbano Prelervorion & Planning
January 2009
5
18-27
CEQA Historical Resource Analysis Report
634]"" Avenue, Chula Vista, California, 91910
(LEFT) Figure 3.... .,
Detail olo.N. Sanford's Plat Map olChl/la Vista the Residence '
Suburb olSon Diego showing 1894 ownership information of the
presenT-day 634 2nd Avenue properly.
At the turn of the century, as new lots were purchased and
developed, changes to street patterns and street names
occurred throughout Chula Vista's downtown core. By the
1910s further subdivision of large parcels and installation of
new streets occurred throughout the original Chula Vista town
site centered at the intersection of 3rd A venue and F Street.
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In 1906 the southeast quarter of Section 139 of the Chula
Vista town site was surveyed and platted in support of the
Chula Vista Villa Tract (CVVT) recorded in May 1908. The U
CVVT re-subdivided the V. section into two Blocks, identified
as Block I and Block 2, with Block 1 containing eight lots
and Block 2 containing fourteen lots measuring approximately 29 I feet (depth) by 165 feet (width).
Additionally, present-day Del Mar Avenue was installed in a north-south direction between Blocks 1 and 2.
According to Chula Vista Heritage
"
The Chula Vista Villa Tract was advertised as orfering 165 by 291-foot "villa lots" for $1,000. The
ads promoted the tract as a high-grade suburban property featuring beautiful views; excellent soil;
good, wide, graded streets; concrete sidewalks; end a congenial neighborhood. They suggested that
the lots were suitable for ownership by merchants and proressional men,,,2
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/ Figure 4 Map 01 the 1908 Chula VISta Villa
Tract showing land subdIvIsIOn pat/ems and
presenl~day location a/the 634 r" Avenue
property
Jennie MacDonald is cited as the original
owner of the present-day 634 2nd Avenue
property (originally identified as 4th
Avenue), having purchased the lot on
February 4, 191 I] MacDonald resided
nearby in the CVVT at 644 4" Avenue
(present-day y,d A venue) and constructed a
single-story single-family dwelling in the
Craftsman vernacular style at 634 4th
Avenue to be utilized as a rental property.
Because the MacDonald's land was not in
the central core of the then fledgling town,
neither the MacDonald residence nor nearby
their rental property was delineated by the
Sanborn Fire Insurance Company as part of
the 1918 survey of Chula Vista.
In the 1920 Federal Census of San Diego
and Chula Vista 54 year old Jennie McDonald was listed as the wife of73 year old Scotland native William
MacDonald, who with their son William R. MacDonald, identified themselves as the owners of their
residence at 644 4lh Avenue.4 The MacDonald's tenants of the rental property at 634 4th Avenue were
recorded on the same 1920 Census enumeration page (sheet 320 B).. Percy Clay, a 60 old white man
employed as a life insurance agent resided at the home with his 56 year old wife Anna M. Clay, and their
J 6 year old daughter Mary Elizabeth. As in 1918 neither of the MacDonald properties were recorded in the
1926 building survey efforts for Chula Vista by the Sanborn Fire Insurance Company, likely due to the
distance from the central core and the bucolic nature and dimensions of the land lots in the area.
18-28
Urbana Prmrvatian & Planning
January 2009
6
CEQA Historical Resource Analysis Report
634 2nd Avenue, Chula Vista, California, 91910
By the time of the 1930 Census 64 year old Jennie MacDonald was widowed and was identified as the head
ofhouseho!d at 644 4lh Avenue with her 44 year old son William who was listed as unmarried and without
an occupation, still residing at the famity home.s The Clay's were not identified in the 1930 Census records
for San Digo or Chula Vista, indicidating that by early 1930 the family no longer occupied the present-day
634 2nd Avenue property. This is further substantiated by the Census enumerator's ommission of634 4th
Avenue from the Census sheet having surveyed the properties at 614 and then 644 4\h Avenue with no
description for 634.
Jennie MacDonald owned the 634 4th Avenue property into the early 1940s with the next major owners,
Everett P. and Louise Hackney, aquiring the property from MacDonald. A review of San Diego Suburban
Directories disclose that Everett Pearlie Hackney was employed as a machinist and with his wife Louise
resided at the present-day 634 2" A venue property through at least 1970,
The home does not appear to maintain an association with significant persons, Neither the Clay's nor the
Hackney's appear to be considered important persons in Chula Vista history, and longtime propeny owner
Jennie MacDonald, although regarded as a well known longstanding community member, did not reside in
the 634 2nd Avenue dwelling, nor did she maintain a direct connection with the property other than having
commissioned its construction for the purposes ofa rental property that would provide additional income
for the MacDonald family. Available historical directory listings and census survey findings disclose that
the MacDonald family never occupied the properry.
The present-day 634 2nd A venue property was not delineated as part of the 1950 Sanborn Fire Insurance
Company survey of Chula Vista. The Sanborn Company mapping efforts stopped one block west of the
subject property showing the east side of the 600 block of Del Mar A venue, but not delineating the building
envelopes on the west side of the 600 block of 2nd Avenue, both of which comprise Block 2 of the ] 908
Chula Vista Villa Tract.
Figure 5' "
/94/ Street Map ofChula Vista showing location a/the present-doy
634 2nd Avenue propertv.
The Craftsman Style & California Bungalows
The bungalow defines the architectural aesthetic of residential
neighborhoods developed in the San Diego region during the
first two decades of the Twentieth Century. Nationally
popular from 1900 to 1920, the majority of Craftsman style
dwellings in the San Diego region, including Chula Vista, date
from the 1910s forward,
The style was influenced by the English Arts and Crafts
movement and emphasized handcrafted products over
machine~made details in reaction to the profusion of the mass-
manufactured ornamentation of the Victorian styles. The
movement embodied every aspect of residential design from
furniture, to the bucolic setting of one's own yard, to the art
pottery and the wallpaper that decorated house interiors.
Popular literature, examples of which include, The Craftsman,
Ladies Home Journal, Bungalow Magazine, and House
Beaut/fill,'distributed the movement's ideals to the middle
class. The Craftsman style had broad boundaries that were
further defined by regional tastes and interests.
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Craftsman-style design was popular nationwide, but flourished in California, because the mild climate
allowed for an integration of interior and exterior spaces, as exemplified by large porches and balconies, In
Califomia, the Craftsman style often incorporated varying influences, including California's Mission
tradition, Shingle style, as well as Middle Eastern and Asian influences.
18-29
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January 2009
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CEQA Historical Resource Analysis Report
634 2"d A venue, Chu/a Vista, California, 91910
;..-.....
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Figure 6 (LEFT) & 7 (BELOW):
Gustav Srickley, ed., The Craftsman, Sketch &
Rendering oj a Craftsman House: Series oj 1904,
Number VI.
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Figures 8 (ABOVE LEFT) & 9 (ABOVE RIGHT). Gustav Stickley. ed. The Craftsman. Sketch of a Craftsman House:
Series of 1904. Number IV,
The Craftsman style is often
associated with and applied to
bungalows-low one-story houses
with large front porches. However,
ornamentation in other styles, such as
Queen Anne and Classical Revival,
has also often been applied to the
bungalow house fOnTI. The
California version of a bungalow was
usually a one.story detached house,
however, variations on this nann
included bungalow courts (several
houses around a courtyard) and
houses with an inhabitable attic.
Figure 10: Rendering of a Craftsman
COllage/Bungalow published in the
February 1905 edition of 'The
Craftsman' and featured in Gusfav
Stickley's 1909 book 'Craftsman Homes '.
A PLEASANT AND HOMELIKE COTTAGE DESIGNED
FOR A SMALL FAMILY
. ,.. . ,.".....~. ,......', "....
vir'" ~. rllTT~C1 '00>1 ".. """T
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January 2009
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CEQA Historical Resource Analysis Report
634 2nd Avenue, Chula Vista, California, 91910
Consistent plan features include the entrance directly into the living room with no parlor and a large
kitchen. Many had sleeping porches, breakfast nooks, and inglenooks (or fireplace seats). Bungalows were
usually constructed on small- to medium-sized lots. Many two-story houses were designed with Craftsman
features, such as the large front porch, natural materia!s, and interior plan. Nationwide, the style often
employed materials such as fieldstone, regular and clinker brick. The basic character-defining features
typical to the Craftsman style are:
Low-pitched gabled roof,
Wide unenclosed eave overhang,
Decorative beams or braces under the gables,
Columns or column bases that continue to the ground level without interruption at porch floor,
Exposed roof rafters, and
Full-or-partial-width porches.
Beyond the above~listed typical or common design features, additional elaborations original to a property
that support a determination ofarchitecrural significance for an individual Craftsman bungalow, cottage or
house are:
Irregular or non-symmetrical composition and irregular plan (not solely rectilinear)
Multiple roof planes,
Airplane design with 'cockpit' feature comprised of an attic room projecting above the 'wings' of
its roof,
Half-columns at the front porch (secondary, non-structural) for decorative urns or potted plants
Sloping or battered foundations and porch supports,
Stone exterior chimneys,
Trellised porch or Porte Cochere roof extending beyond the exterior wall plane,
Large gabled or shed roof donners,
Window boxes
Stained glass window designs
Mix of exterior building materials including a combination of all or some of the following materia is:
o Wood boards,
o Wood shingles,
o Stone,
o Brick or Clinker brick
o Concrete block, and
o Stucco, and
Secondary design features attributed to the Tudor, Oriental/Japanesque, Swiss, Prairie or Mission
styles including:
o False half-timbering,
o Oriental roof forms - upswept, peaked or flared roofline articulations reminiscent of a
Pagoda structure,
o Japanesque turned-up porch columns
o Arts & Crafts mortise4and-tenon paired porch colums, and
o Swiss balustrades.
With ready-made drawings and materials for sale from local and regional design-build companies and the
popularity of mail-order house catalogues, the proliferation of Craftsman bungalow construction fonned the
suburban landscape that typifies regional neighborhoods developed in the first two decades of the
Twentieth Century. The majority of these vernacular Craftsman-style residences constructed in the San
Diego region and in the city of Chula Vista are wood frame with either wood siding or an applied stucco
exterior finish, and do not feature the more distinctive character-defining characteristics or materials that
convey the underlying philosophy or origins of the Craftsman style in the English Arts & Crafts movement
and support a statement of individual architectural significance.
Following are local properties that appear to meet or exceed the significance thresholds established by
featuring many of the above-listed additional character-defining elaborations.
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634 2ml Avenue, Chula Vista, California, 91910
Figure 1/: A significant local example
of a side-gabled bungalow featuring a
mix of exterior building materials
including wood shingle siding with
SlOne at the porch supports,
balustrade, and chimney: as wet! as
paired porch posts with multiple
extended beams in the lower cross
gable at the front elevation.
. ,~._,.......
'\
Figure 12: A significant local example featuring
multiple roof planes, asymmetrical composition and
plan configuration, a mix of exterior building
materials including clapboard siding and brick, 'with
a pergola as porte cochere extending over the linear
drive, a wraparound porch constnlcted of a brick
balustrade in a custom pattern with stepped porch
urns with concrete coping; the home also features an
extensive amount of bracing and false beams at the
visible elevations.
'.
Figure 13: A significant local example
of an Airplane Bungalow with the
upper level as the 'cockpit' which
projects beyond the roofline 'wings'
and featuring multiple roof planes
around {he perimeter, afull-length
front porch, and extended and false
beams with exposed rafter ends.
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CEQA Historical Resource Analysis Report
634 2"d Avenue, Chu/a Vista, California, 91910
634 2nd Avenue
Illustrated in the photographs included on the following pages, the dwelling at 634 2nd A venue is rectilinear
in plan constructed atop a board fonn concrete foundation with board siding at the exterior walls and wood
shingles in the front and rear gable wall sections. The gable roof is of moderate pitch and clad in
composition shingles with visible rafter ends at the eave walls and decorative (false) beams under the
gables at the front and rear elevations. The front and rear porches are each covered by a lower front gabled
roof.
At the front elevation, facing 2nd A venue is a full~length raised porch accessible by two separate sets of four
concrete steps at the southwest corner. The concrete work appears to be recent, likely poured' in the last
two decades. The roof support system is simple post and lintel construction comprised of three squared
columns with simple wood capitals (posts) atop a base (likely concrete) covered by a flat stone veneer
intended to simulate cobblestone or river rock as was employed on many original Craftsman homes of
higher style. Between the column capitals and the extended beams and eaves of the principal and lower
roofs respectively is a beam (lintel) installed to provide support and also for decorative appeal. The stone
veneer is referenced in the 1985 Chula Vista survey forms completed for the property and may have been
applied as part of a general property construction and renovation campaign completed in 1984 when the
origina! garage was replaced with the current structure at the rear of the home.
Window types observed vary and include wood framed one-aver-one single-or-double-hung sash, seven-
over-one wood sash, two over one wood sash, and replacement aluminum slider. At the rear elevation, a
second entry door flanked by two one-over one wood windows provides access from the rear porch, which
has been altered from its original design.
Overall, although no invasive material analysis was conducted, the building exterior appears to be in fair to
good condition. While in fair-to-good exterior condition, the dwelling does not appear to be a significant
example ofa Craftsman style bungalow as it is of typical design with only the basic features attributed to
the Craftsman style or the bungalow property type. It is rectilinear with a front gabled roof and an
additional lower gable atop a section of the front porch, which has been altered through the application of a
stone veneer at the balustrade. Beyond the most elementary characteristics, the dwelling does not
adequately articulate or embody the distinctive characteristics of the Craftsman style, nor does it derive
individual architectural significance simply as an example of a common and typical bungalow property
type.
Figure J 4.
Current photograph of
634 2nd Avenue.
View northwesterly of
front (east) elevation.
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CEQA Historical Resource Analysis Report
634 ]"d Avenue, Chu/a Vis/a, Califarnia, 91910
Figure 15:
Front porch detail showing concrete landing and steps, andfront
entry door flanked on each side by fixed multi-lite windows
Figure 16:
View southwesterly affront and
right side elevation.
Figure 17-
View of right-side elevation
from northwest building corner
showing fenestration pattern.
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CEQA Historical Resource Analysis Report
634 2"d Avenue, Chula Vis/a, California, 91910
Figure 18:
Rear elevation showing rear
porch covered by lower gable
roof A privacy fence partia!!y
obscures view of the rear
elevation.
Figure 19:
View westerly oj left side
elevation. Vie\V is partia!!y
obscured by privacy fencing.
Additional wood sash windows
are sited along the left
elevation.
IV. SIGNIFICANCE CRITERIA
The City of Chula Vista Municipal Code calls for local compliance with state environmental review laws
and procedures including the California Environmental Quality Act. The CEQA Guidelines generally
define a historical resource as a building, structure, object, etc. that is listed on or eligible for listing on the
California Register of Historical Resources.
The California Register program is modeled after the National Register program, but with a greater focus
on those resources considered to have local, regional, or statewide importance in California history. A
California property found ineligible for listing in the California Register is not eligible for listing in the
National Register. For the purposes of this evaluation, only the significance criteria for the California
Register have been applied.
California Register of Historical Resources
The California Register of Historical Resources is an authoritative guide to California's significant
historical and archaeological resources to be used by state and local agencies) private groups, and citizens
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CEQA Historical Resource Analysis Report
634 2nd Avenue, Chula Vista, California, 91910
in identifying the existing historical resources of the state, and to indicate which resources deserve to be
protected, to the extent prudent and feasible, from substantial adverse change. Properties eligible for listing
in the California Register of Historical Resources include buildings, structures, objects, or historic districts
that retain historic integrity and are historically significant at the local, state or national leve! under one or
more of the following criteria.
1. It is associated with events or patterns of events that have made a significant contribution to the
broad patterns of local or regional history, or the cultural heritage of California or the United
States; or
The 634 2nd Avenue property is believed to have been constructed in approximately 1912 at its current
location as a rental dwelling within the boundaries of the Chula Vista Villa Tract, which was advertised as
a high quality suburban neighborhood and targeted towards Chula Vista's middle and upper middle class.
The dwelling appears to have been constnlcted in response to deed requirements, which stipulated that lots
not remain vacant after individual purchase. The original property owner lived nearby at present-day 644
2nd Avenue, which is now designated Chula Vista Historic Site #41. The 634 2nd Avenue property does not
appear to maintain a direct association with early development patterns or specific events in Chula Vista
history. nor does it reflect the neighborhood aesthetic advertised as part of the Chula Vista Villa Tract. No
information was uncoveredfor the 634 2nd Avenue property that would assist in a successful determination
of eligibility for individual inclusion on the California Register of Historical Resources under Criterion I.
Neither the dvvelling itselfnor the former occupants appear to be associated with an event or patterns of
events considered significant in local, regional, state or national history.
2. It is associated with the lives of persons important to local, California, or national history; or
The 634 2nd Avenue property does not appear to maintain an association with persons important to local,
California or national history. Jennie }';lacDonald owned the housefrom completion ofconstnlction
through the :930s. The lv!acI?onaldfam~'J lived nearby.in an original Victoria.n sty.le Orcha~d House. The
MacDonald s did not reSIde In the 634 2 Avenue dwelling. The house was pnmanly occupIed by the
family Percy & Anna Clay, who resided at the home in the 1920s, and then Everett Pearlie Hackney and
his wife Louise Hackney from the 1940s through at least 1970. /920 Us. Census records disclose that
Percy Clay worked as a life insurance agent in 1920, and San Diego Suburban Directories disclose that
Everett Pearlie Hackney worked as a machinist into the 1950s. No information was identified to assist in
the successful determination of eligibility for the 634 rd Avenue property to be considered significant
under California Register criterion 2 relative to past owners or occupants associated with the property.
3. It embodies the distinctive characteristics of a type, period, region, or method of construction, or
represents the work of a master, or possesses high artistic values; or
Today the 634 2nd Avenue property exhibits vernacular design characteristics attributed to the Craftsman
architectural style (ca. 1905 to ca. 1920s) The 634 2nd Avenue property is of modest construction methods
and stylistic details. It does not appear to be indiVidually eligible for inclusion on the California Register
of Historical Resources under California Register Criterion 3 as it does notfeature any design
characteristics beyond the features commonly employedfor every vernacular Craftsman style bungalow
constructed throughout the 19/ Os and 1920s. As such, due to the lack of architectural/eatures the dwelling
does not merit individual eligibility based on architecture.
Multiple local examples in the neighborhood surrounding 634 2nd Avenue were observed which would
appear to qualify for individual historic site recognition for their embodiment of the distinctive
characteristics of the Craftsman bungalow style and method of construction. These nearby properties are
identified as 614 ;nd Avenue (designated as Chula Vista Historic Site #41), 659 Del lYlar Avenue and 640
Del Mar Avenue, all of which embody the distinctive characteristics of the Craftsman style and appear to
be eligible for designation or inclusion on the Local or California Register because each property
respectively meets and exceeds the minimum and secondary features that exemplify the Craftsman style.
Images and brief description of each of these three significant / potentially significant properties are
included on page 10 of this report.
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634 2nd Avenue, Chula Vista, California, 91910
4. It has yielded, or has the potential to yield, information important to the prehistory or history of
the local area, state or the nation.
The 634 2nd Avenue property has not yielded information important fa the prehistory ofChula Vista, San
Diego County, California or the nation, nor does the building appear to have the potential to yield
information important to the prehistory ofChula Vista, San Diego County, California or the nation.
Beyond what is discussed in this report, barring additional information being discoveredfor the property,
the dwelling at 634 2nd A. venue does not appear likely to yield additional information important to the
history or prehistOlY oJthe local area, state or the nation.
V. CEQA INTERPRETATION
CEQA Public Resources Code 921084.1 provides that any project that may cause a substantial adverse
change in the significance of an historical resource is a project that may have a significant effect on the
environment. Public Resources Code S5020.1(q) defines "substantial adverse change" as demolition,
destruction, relocation, or alteration such that the significance of the historical resource would be impaired.
According to Public Resources Code 95024, I, an historical resource is a resource that is listed in, or
determined to be eligible for listing in the California Register of Historical Resources; included in a local
register of historical resources; or is identified as significant in an historic resource survey if that survey
meets the criteria specified in Public Resources Code S5024.1(g). According to CEQA Guidelines
S 15064.5(a)(3), a lead agency can find a resource has been determined to be significant in the architectural,
engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of
California, provided that the determination is supported by substantial evidence in light of the whole
record.
Historical Resource Determination
The 634 2r1d A venue property is not designated or listed, either individually or as part of a district, on a
local, state, or national historical sites register. It is not listed in the California State Office of Historic
Preservation's Historic Property Data File for San Diego County. The 634 2nd A venue property was found
ineligible for individual inclusion on the California Register of Historical Resources as part of this
Historical Resource Analysis Report, and consequently, the 634 2nd Avenue property does not appear to
meet the definition of an historical resource under CEQA Guidelines S I 5064.5,
The 634 2nd Avenue property has not been determined to be a historical resource for the purposes of
CEQA; therefore, its demolition or removal would not cause a substantial adverse change to a historical
resource or significant environmental effect. As a result no specific mitigation measures have been
recommended for the proposed project, although for basic material conservation efforts, it is generally
recommended that any original building features or materials, such as windows, be removed and offered for
re-use, if possible, at another historic-era property.
VI. CONCLUSIONS / SUMMARY
This Historical Resource Analysis Report (HRAR) was prepared by Wendy L. Tinsley Becker, AlCP,
Principal Historian / Preservation Planner of Urbana in order to evaluate the potential historical and
architectural significance ofa single-family dwelling located at 634 2nd Avenue on Lot 14, Block 2 of the
Chula Vista Villa Tract.
Originally constructed in approximately 1912, the 634 2nd A venue property exhibits basic design
characteristics attributed to the vernacular Craftsman style of architecture popularized after completion of
the Gamble House in Pasadena, California by the firm Greene & Greene. The Gamble House serves as an
iconic example of the Craftsman style, and brothers Charles Sumner Greene and Henry Mather Greene
were considered purveyors of the style, alongside with Gustav Stickley, who published Craftsman style
house plans in his magazine The Craftsman between 1900 and 1916. The Craftsman style, and its
architectural features, was readily adapted for owner and carpenter built vernacular bungalows and cottages
erected in Southern California from the 1910s through the 1920s. With ready~made drawings and materials
for sale from local and regional design-build companies and the popularity of mail-order house catalogues,
the proliferation of Craftsman bungalow construction formed the suburban landscape that typifies regional
neighborhoods developed in the first two decades of the Twentieth Century. The majority of these
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January 2009
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CEQA Historical Resource Analysis Report
634 2nd Avenue. Chu/a Vista, Cabfornia, 919/0
vernacular Craftsman-style residences constructed in the San Diego region and in the city of Chula Vista
are wood frame with either wood siding or an applied stucco exterior finish, and do not feature the more
distinctive character-defining characteristics or materials that convey the underlying philosophy or origins
ofthe Craftsman style in the English Arts & Crafts movement and do not support a statement of individual
architectural significance, Those individual properties constucted with additional elaborations beyond the
typical features which have retained integrity of design generally would appear to qualify for individual
architectural significance, whereas the multitude of basic bungalows constructed in a vernacular Craftsman
style, including the dwelling at 634 2nd Avenue, are generally regarded as not individually eligible with
respect to California Register criterion 3 (architecture/design),
The 634 2nd Avenue residence was documented on Historic Resources Inventory forms as part of the City
ofChula Vista's 1985 historical survey efforts and subsequent site designation program, At the time of the
1985 survey a statement of significance was not prepared for the home, nor was a National Register of
Historic Places status code assigned for the property, which was the standard eligibility criteria utilized in
the mid-1980s at the time of the Chula Vista survey, The home was observed to be a "good example ofa
1910s bungalow", although further intensive-level review of the home's extant features (both original and
not original) reverses this previous determination, Rather the home at 634 2nd A venue is a,typical and
common example of a 191 Os bungalow constructed in the vernacular Craftsman style, and while it is
charming in appearance, it does not meet the threshold for significance and eligibility with respect to
embodying the distinctive and character-defining features ofa historic Craftsman bungalow.
More noteworthy and distinctive examples of Craftsman bungalows have been identified locally in Chula
Vista. These significant or potentially significant examples were surveyed in order to develop a context
and threshold for individual architectural significance of the Craftsman style in Chula Vista, and helped to
guide the eligibility conclusions included in the report for dwelling at 634 2nd Avenue. Three noteworthy
examples of the style which include both the basic and additional distinctive and character-defining
features are located at 614 2nd Avenue, 640 Del Mar Avenue and 659 Del mar Avenue, Images and brief
descriptions of these three properties are included on page 10 of this report.
The dwelling at 634 2nd A venue is not currently designated or officially recognized on the City of Chula
Vista Register of Historic Sites or the California Register of Historical Resources, The building does not
appear to be a significant example of vernacular Craftsman style architecture, nor does it appear to hold a
significant and direct association with the historical development of Chula Vista in the first part of the
Twentieth Century. As a property type, the dwelling is a modest bungalow that does not fully articulate or
convey the stylistic details or underlying philosophical influences that culminated into the American
bungalow from the 1880s forward. Additionally no information was found to support a statement of
significance for past owners or occupants of the home.
Because the dwelling has been determined ineligible for inclusion on the California Register of Historical
Resources sites, the 634 2nd Avenue property does not appear to meet the definition of an historical
resource under the CEQA Guidelines, and therefore, demolition or another discretionary project at the site
would not appear to cause a significant adverse effect to a historical resource pursuant to California Public
Resources Code &15064.5.
Although no specific mitigation measures have been required as part of this report, it is recommended that
extant historic-era features from the dwelling at 634 2nd Avenue be offered to owners of similar historic-era
properties in need of repair, and that any new construction at the parcel be designed and built in an
aesthetic and manner that is sensitive to the integrity of nearby designated historic sites.
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CEQA Historical Resource Analysis Report
634 2nd Avenue, Chula Vista, California, 91910
VII. BIBLIOGRAPHY
Chula Vista Historic Homes, Historic Site List, \VW\\",cyhistorichomes_com/historic site list.htnl.
Duchscherer, Paul & Douglas Keister, The Bungalow: America's Arts & Crafts Home (Penguin Group:
New York) 1995.
Foster, Gerald, American Houses: A Field Guide to the Architecture afthe Horne (Houghton Mifflin
Company: Boston) 2004.
MeAl ester, Virginia & Lee, A Field Guide to American Houses (Alfred A. Knopf: New York) 1997.
Stickley, Gustav, "The Craftsman, Volume 6, April1904-September 1904" (Gustav Stickley: Syracuse)
1904
~,Craftsman Homes (The Craftsman Publishing Company: New York) 1909.
TVorks Cited/Endnotes
I City ofChula Vista, Chu/a Vista Heritage. 1911-1986 (Chula Vista, CA: City ofChu]a Vista / 75th Diamond
Anniversary Committee) 7.
2 Chula Vista Heritage, 19/1-/986,45.
3 City ofChula Vista, Historic Resource Inventory Forms _ 634 Td Avenue, 1985.
4 United States Department of Commerce - Census Bureau, Fourteenth Census of the United States: /920~Popu!atjon.
San Diego Township, Chula Vista City, Precinct x3, January 22-23, 1920.
S United States Department of Commerce - Census Bureau, Fifieenrh Census o/the United States: 1930-Popula(ion,
San Diego Township, Chula Vista Township, April 8, 1930.
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State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Primary#:
HRI#:
Trinomial #: N/ A
NRHP Status Code:
Other Listings: None
6Z
Review Code
Date
Page 1 of1 *Resource Name or #: (Assigned by recorder) 634 2nd Avenue Chula Vista CA 91910
PI. Other Identifier:
*P2. Location: 0 Not for Publication 0' Unrestricted
*a. County San Diel!o
*b. USGS 7.5' Quad: Date: T _; R _; _ Y. of _ Y. of Sec _; _B.M.
c. Address: 634 2nd Avenue City. Chula Vista Zip: 91910
d. UTM: (Give more than one for large and/or linear resourccs) Zone _. mE! mN
e. Other Locational Data: (e.g., parcel #, directions:o resource, elevation, etc., as appropriate)
Parcel #573~ 180-12, Lot 14 (portion), Block 2 of the 1908 Chula Vista Villa Tract (Map No. 1143)
*P3a. Description: (Describe resource and its major clements. Include design, materials, condition, alterations. size, setting, and boundaries)
The dwelling at 634 2nd A venue is rectilinear in plan constructed atop a board form concrete foundation with board siding at the exterior walls and wood
shingles in the front and rear gable wall sections. The gable roof is of moderate pitch and clad in composition shingles with visible rafter ends at the
eave walls and decorative (false) beams under the gables atlhe front and rear elevations. The front and rear porches are each covered by a lower front
gabled roof. At the front elevation, facing 2nd Avenue is a full-length raised porch accessible by two separate sets of four concrete steps at the southwest
corner. The concrete work appears to be recent, likely poured in the last t\.vo decades. The roofsupport system is simple post and lintel construction
comprised of three squared columns with simple wood capitals (posts) atop a base (likely concrete) covered by a flat stone veneer intended to simulate
cobblestone or river rock as was employed on many original Craftsman homes of higher style. Between the column capitals and the extended beams and
eaves of the principal and lower roofs respectively is a beam (lintel) installed to provide support and also for decorative appeal. The stone veneer is
referenced in the 1985 Chula Vista survey fOnTls completed for the property and may have been applied as part ofa general property construction and
renovation campaign completed in ] 984 when the original garage was replaced with the Cllrrent stnlclUre at the rear of the heme. Window types
observed vary and include weod framed one-ever-one single-or-double-hung sash, seven-over-one wood sash, two over one wood sash, and replacement
aluminum slider. At the rear elevation, a second entry door flanked by two one-over one wood windows provides access from the rear porch, which has
been altered from its original design. Overall the building exterior appears to be in fair to good condition, although no invasive material analysis was
conducted. While in fair-to-good exterior condition, the dwelling does not appear to be a significant example of domestic architecture or of Craftsman
vernacular constmction methods.
*P3 b. Resource Attributes: (List attributes and codes) HP2 Single Family Property
*N. Resources Present: 0Building OStructure OObject OSite ODistrict OElement of District OOther (Isolates, etc.)
P5b. Description of Photo:
(View, date, accession #)
Front Elevation
Photo Date: October 2008
*P6. Date Constructed/Age aod
Source:
0Historic, c. 19]2
Assessors Building: Record
*P7. Owner and Address:
Kevin & Carol O'Neill
621 Del Mar Avenue
Chula Vista CA 9 1 91 0
*P8. Recorded by:
(Namc, affiliation, and address)
Wp.ndy Tindpy Prinripnl
IJrhnnn Prplprvnhon R. Plnnning
III (, If",! #199 Ian Di'qo fA 97101
i6llid1-0091/Phonp)
7481'; lle,,1 #841 Ooklood fA 94007
(11O.o01-74411Phooe)
*P9. Date Recorded: November 2008
*PIO. Survey Type: (Describe)
Intensive Level! Sing:le Site CEOA
Reviewer
*PII, Report Citation: (Citc survcy report and other sources. or entcr "none.")
Urbana Preservation & Plannincr CEOA Historical Resource Analvsis Reoort: 634 2ml A venue Chula Vista CA 919 10 November 2008.
* Attachments: ONONE DLocation Map 0Continuation Sheet 0Building, Structure, and Object Record
OArchaeologicaI Record ODistrict Record OLinear Feature Record OMilling Station Record ORock Art Record
OArtifact Record OPhotograph Record 0 Other (List):
DPR 523A (1/95)
18-42
"Reauired information
State of California - The Resources Agency Primary #:
DEPARTMENT OF PARKS AND RECREATION HRI #:
BUILDlJ'\TC, STRUCTURE, AND OBJECT RECORD
Page ~ of ~ *NRHP Status Code: 6Z
*Resource Name or # (Assigned by rccordcr) 634 2nd A venue Chula Vista. CA 91910
81. Historic Name: Percy Clay House I MacDonald Family Rental Prooertv
B2. Common Name: Not Identified
83. Original Use: Sine:le Familv Resictence
*B5. Architectural Style: Vernacular Craftsman
*86. Construction History: (Construction date. alterations, and datc ofaltcrations)
Originally constructed in approximately 1912; stone veneer believed to have been applied to the front porch in c.1984.
*87. Moved? 0No DYes DUnknown Date: Original Location:
*B8. Related Features: None
B9a. Architect Not Identified b. Builder: Not Identified
*B10. Significance: Theme: N/A Area: N/A
Period of Significance: N/A Property Type: Residential Applicable Criteria: N/A
In ]906 tb.e southeast quarter of Section 139 of the Chula Vista town site was surveyed and platted in support of the Chu]a Vista Villa Tract (CVVT)
recorded in May 1908. The CVVT re-subdivided the 1(. section into two Blocks, identified as Block 1 and Block 2, with Block 1 containing eight lots
and Block 2 containing fourteen lots measuring approximately 291 feet (depth) by 165 feet (width). Jennie MacDonald is cited as the original owner of
the present-day 634 2"d Avenue property (originally identified as 4'.'1 Avenue), having purchased the lot on F.ebruary 4, 19 J I. MacDonald resided nearbv
in the CVVT at 644 4th Avenue (present-day 2nd Avenue) and constructed a single-story single-fnmily dwelling in the Craftsman vernacular style at 634
4'h Avenue to be utilized as a rental property Because the MacDonald's land was not in the central core of the then fledgling town, neither the
MacDonald residence nor nearby their rental property was delineated by the Sanborn Fire Insurance Company as part of the 19] 8 survey of Chula Vista.
In the 1920 Federal Census of San Diego and Chula Vista 54 year old Jennie McDonald was listed as the wife of 73 year old Scotland native Wiltiam
MacDonald, who with their son William R. MacDonald, identified t~emselves as the owne,s of their residence at 644 410 Avenue. The MacDonald's
tenants of the rental property at 634 41.'1 Avenue were recorded on :he same 1920 Census enumeration page (sheet 320 B). Percy Clay, a 60 old white
man employed as a life insurance agent resided at the home with his 56 year old wife Anna M. Clay, and their 16 year old daughter Mary Elizabeth. As
in I 9lS neither of the MacDonald properties were recorded in the 1926 building survey efforts for Chula Vista by the Sanbom Fire Insurance Company,
likely due to the distance from the central core and the bucolic nature and dimensions of the land lots in the area. By the time of the ]930 Census 64
year old Jennie MacDonald was widowed and was identified as the head ofhollsehold at 644 41h Avenue with her 44 year old Son William who was
listed as unmarried and without an occupation, still residing at the family home. The Clay's were not identified in the 1930 Census records for San Digo
or Chula Vista, indicidating that by early 1930 the family no longer occupied the present-day 634 2"d A venue property This is further substantiated by
the Census enumerator's om mission of 634 41h Avenue from the Census sheet having surveyed the properties at 614 and then 644 41h Avenue with no
description for 634. Jennie MacDonald owned the 634 41; Avenue property into the early I 940s w:th the next major owners, Everett P and Louise
Hackney, aquiring the property from MacDonald. A review of San Diego Suburban Directories disclose that Everett Pearlie Hackney was employed as
a machinist and with his wife Louise resided at the present-day 634 2nd Avenue property through at least 1970. The present-day 634 2nd Avenue property
was not delineated as part of the 1950 Sanborn Fire rnsurance Company survey ofChula Vista. The Sanborn Company mapping efforts stopped one
block west of the subject property showing the east side of the 600 block of Del Mar A venue, but not delineating the building envelopes on the west side
of the 600 block of2"d Avenue, both of which comprise Block 2 ofthe 1908 Chula Vista Villa Tract. The building does not appear to be a significant'
example ofvemacular Craftsman style architecture, nor dot.:s it appear to hold a significant and direct association with the historical development of
Chula Vista in the tlrst part of the Twentieth Century. As a property type, the
dwelling is a modest bungalow which docs not fully articulate or convey the stylistic
details or underlying philosophical influences which culminated into the American
bungalow from the 18305 forward. Additionally no information was found to
support a statement of significance for past owners or occl1pants of the home.
Beca.use the dwelling has been determined ineligible for inclusion on any local,
state. or national historic.sites register, the 634 2nd Avenue property does not appear
to meet the definition of an historical resource under the CEQA Guidelines, and
therefore, demolition or another project at the site would not a.ppear to cause a
significant adverse effect in a historical resource of the environment pursuant to
Califomia Public Resources Code ~ 15064.5
B 11. Additional Resource Attributes: (List attributcs and codes) ~
*B12. References:
City ofChula Vista Library, San Diego Central Library, San Diego Historical
Society, San Diego County Assessor-Recorders Office
B I3. Remarks:
*B14. Evaluator: W(>n~y I Tind.e.v..1rincip..aI' [[[!lnnn Prelp.rvdinn R. Plnnning
148 1rd Itree; #841 Onklond r! 94001 ~ III r, Itr,,; *199 Inn~JjjlillJ
*Date of Evaluation: November 2008
B4. Present Use:
Sine:le Familv Residence
(This space reserved for offici a] comments.)
DPR 5238 (1/95)
18-43
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*Required information
StJr. No.
HABS_ HAER_ .NR SHL L
UTM; A 493350 ~ 3610TIlY ac_
e 0
~~t 03 2008 lO;42RM M. Kevin O'Neill Constr.
S:tatll 01 C.3Jifon'lia. - The Aes.ourc:!l'S Aq:snc:y
OE.:OAATMENTOF ?ARKS ANO pe<:AEA,'ION
HISTORIC RESCUACES INVENTORY
619-426-6700
F. 1
IDENTIFICATION
1. Common name:
Timothy Bonnet House
2.. Hir.oric name:
Percy Clay Hnuse
3. Street or rural address:
6.34 second Avenue
CiN
Chula.Vista
92010
Zio
4. ?,"''" number: 573-180-12
County
San Diego
5. PrHen't Owner:
Timothy J. Bonnet
Add'....: 634 Second !I.venue
Zip 92010 O""",,.nipis:Public
CiW
Chula vista
6. Pr".m u..: res idential
OriginiU us~:
Pmua
x
residential
DESCRIPTION
7.. Architect\Jr31 nyle: Bunga low
lb. Briefly describe the pre~nt Chy~1 riexriprion of me sit!! or W-Uctun! and de!Cribe any major .alterations from its
originai eonditiQn: -
Legal: CV Villa Tct, Blk 2, S 80' of Lot 14
This charming one story bungalow features a low, front-facing gable
roof with wide eaves, exposed rafter ends and vis ible support beam
ends. The lower part of the right side of the house roof is
extended forward to form the right half of a seco~d street-facing
gable roof that shelters an open entrance porch. . The pardi roof
is supported at each front corner by a large round pillar on a
cobblestone pier. A pergola extends out to the left and a third
pillar balances the design. The house has horizontal wide clapboard
siding, two chimneys, sidelights on each side of the front door,
wood shingle siding in the gable ends, and double hung windows.
or.e window has been replaced by an aluminum sliding sash.
'.
D1>R
8. Con'Str\Jction date:
E:stim.ted 1912 F,etu 01
9, Architl:t:t un]<.nown
10. 8uild.r unknown
1 L Approx.. prcp~rtV Si49 (in fet!t)
Frontag" ~ n D.otl1 ? q 1 . S ~
or approx. acreaQit 0 c:; '1
.')
1 Z. . Dab(s) of !nc:;osad pnorcgraon (5)
, 1985
,Oct 03 2008 10:42AM
H. Kevin 0 ~Nei 11 Constr.
619-426-6700
1".2
13. 'Condition: Exal!lent...1:L-Good _ F<3il" _ Oeterior;;te-d _ No Icn-ger in exineflC!
Aln:rations: (,\T'!~ w1nnnw rp.pl~r.'p.ti bv. ?iuminum slidinc sash
14,
1 S. SurrQundings: to'lecJc rn01"e 'Onll on., i1 noeeuary) ODoi!n land _ Scattered buildings _ Denselv built-up --1i....-
A~Ktefltlal -X-Industri~ _COmrnen:.:al_Other:
16_ Thre3u to she: Nono kMO'W11..1i...-Pri'late develcpment_ Zoning _ Vandalism
?ubliw: W<:lrlq project _ Other:
17. Is the strUC't\..Ire; On its original site?
x
Move<l7
Unknown?
Ta A.lotodleftUr..: shrubs and trees
SIGNIFICANCE
19.. Brleflv state hlstorlCill iIfld{or aTd1itecnlrm imQart.anco fincludQ datas.. !Voents.. and pen<l1U auodated \'1m me $.it6.l
Mrs. Jennie MacDonald purchased this lot on Feb. 4, 1911. Deed
restrictions required her to build a house within a year, and by 1912,
she had done so. She lived, however, at 644 Second Avenue and
apparently used this house as a rental. In 1920, Percy and Anne Clay
lived here. Ee was an insurance agent. Mrs. MacDonald stil'l aImed
the property in 1939. The house retains integrity of design and
materials a~d is a good example of the 19105 bungalows.
" ,
Locotional ,l<atdl mall (d,..... and labotl .it. and
surrounding stTeeti~Coad:sy and prominent Jandmarf:(j):
"., ^ NORTH
IJ
20. Main tllema of 'the historic resour-ar: (If more than one is
c.hedted. nl.UT'lber in order of importance..)
Ardlitea-Jre x . Art:s & uiwr~
E'::On'[)mjclrndustri~ _Ex~on/Setdemer1t,
~emment Military
RRligtOtl SocialIEduc:rtion
21. Sources (Un beaks. doo.:mant:S~ sul"'rc'ys. personal interviews
and tMU- dacsl.
CV Tax Assessment Rolls
SD County Deeds
City~irectories
Water records
22. OatO form llrepond 9 - 9 -1985
By (nomo) K Webster
Ofll3nlza,1on City of Chula V~sta
Addres>: P. O. Box .LO 8 7
Ory rhnl ~ v; sta Zip 92012
Pl1ono: ~ql~qOl
18-45
18-46
ATTACHMENT E
Project Plan
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f22Z1 USEMfNT AREA
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I EGAL DESCRIPTION
LOT 14, EXCEPTING mE NORlHERLY a$ fEET THEREOf, IN BlOCK 2.,
CHUlA VISTA 'AliA TRACT, IN THE CHY OF O1ULA VISTA. COUNTY
Of SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO Mil.? ,HEREOf
NO 11J4, F1LlllIN TIlE OFfiCE OF mE COUNTY RECORDER Of SAN
DIEGO COUNTY ..uNf: ... 1906.
ASSESOR'S PARCEL NUMBER
573-160-12
OWNER / ApPLICANT
O'NElLL fAMILY TRUST
llZrDEl M,l,R AV(
CHULAVlS';",CA91910
PHONE; (619) ~2fl-31H
FA' ~19 ~~~6700
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TO PARCEL I 6: 2 OF P~ 10703
l2J TIJRNAROOND AREA INClUDES PRCf'OSEO
,lJ)Dl11ONAL 20'~JO' TO AUGt.lENT EXISTING.
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WATER SUPPLY
S\\'EETWATER AUTHORITY
FIRE PROTECTION
cm OF CHULA VISTA
SEWAGE DISPOSAL
CITY or CHULA VISTA
EXISTING & PROPOSED USE:
RESIDENTIAL
EXISTING & PROPOSED ZONING:
R-I SINGLE fMlILY RESIDENTIAL
AREA AREAS Sq. ft.
Gross- '" ceo ...
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8232 7208 7001
R , 7782 7258 7051
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TOTAL 23J81 flB3J 212~B
SOURCE OF TOPOGRAPHY
ALGERT ENGlNEfRING, INC.
BMP /STORMWA TER /DRAINAGf': NOTE:
1. ALL II.IPERIilOUS SURFACES DRMl INTO lNlDSCAf'EO
AREAS BEFORE EXlTING THE SIlL
2. AlL ROOf DRAINS OUTFAll. INTO THE LANDSCAPED AREAS.
J. mE QRI\o['\IfA'l'S AND SIDEWALKS ARE SlCf'ED TD DRAIN
ONTO THE LANDSCAPED AREAS.
4. THE ARE.... Of 015TURBANCE - 21,000 s.F.
!I. AlL CONSTRUCTION BIoIPS 'MLL BE INSTALlED
INa.UDING STRAW WA TIlES AROUND ll1E PERIt,l(1ER
AND GRAVEl.. BAGS AT THE PL AND 1I10SWAlL IN.ITR~gTll?NS;
II. AlL BMPS PER CITY REOUIREMENTS 'MLL tlE DON~~tii.-,' ,~ ...
TIlE GRADING AtlD CONSTRUCTION OF Tl1IS PROJ~~l~'H::...'.~:"u. <~.::::.__
SITE ADDRESS: ," I!,I '''.'2 ",-.,
1134mOAV't. I
CHULA VISTA. CA 91810
AUlEIlT~ NC.
428 BR(),.WWAI"
a/UL~ \liST^, CA.919JO
TEL (6111) 420-70110
FAX.. (/J19) 420-9JJ9
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JAM 'S H. ALGER RCE 19073
I.?"z..='f
DATE
IN.7140
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DENYING THE APPEAL AND UPHOLDING THE DECISION OF
THE DEVELOPMENT SERVICES DIRECTOR THAT THE PROJECT IS
CATEGORICALLY EXEMPT FROM CEQA PURSUANT TO SECTION
15315 (MINOR LAND DIVISION) OF THE STATE CEQA GUIDELINES
AND TO DENY THE REQUEST TO WAIVE ALL APPLICATION FEES
FOR TillS PROJECT - SAVE OUR HERITAGE ORGANIZATION.
1. RECITALS
A. Project Site
WHEREAS, the area of land which is the subject of this Resolution is an existing
parcel located at 634 Second Avenue ("Project Site"); and
B. Project; Application for Discretionary Approval
WHEREAS, on August 29, 2008, a duly verified application for a Tentative Parcel Map
was filed with the City of Chula Vista Development Services Department by Kevin O'Neill
("Applicant"); and
-
. WHEREAS, the application requests approval to subdivide a 23,381 square-foot site in the
R-I zone into three legal lots ("Project"); and
WHEREAS, The Environmental Review Coordinator reviewed the proposed project for
compliance with the California Environmental Quality Act and has determined that the project
qualifies for a Class 15 categorical exemption pursuant to Section 153 I 5 (Minor Land Divisions)
of the State CEQA Guidelines. No fUrther environmental review is necessary; and .
C. Prior Discretionary Approval
WHEREAS, the Director of Development Services set the date for the approval of the
Tentative Parcel Map application, and notice of the approval, together with it purpose, was mailed
to property owners and residents within 500 feet of the exterior boundaries of the property at
least 10 days prior to the said approval date; and
WHEREAS, on the approval date as advertised, namely May 18,2009, the Director of
Development Services, after considering all reports, evidence and written documentation
received from the public with respect to the Project, approved the Project.
18-48
Page 2
September 15,2009
D. Planning Commission Record on Application Appeal
WHEREAS, on May 28, 2009, a duly verified application for a Tentative Parcel Map
Appeal was filed with the City of Chula Vista Development Services Department by Save Our
Heritage Organization ("Appellant"); and
WHEREAS, the hearing was held at the time and place as advertised, namely July 8,
2009 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission, and the hearing was thereafter closed; and
WHEREAS, the Planning Commission, after considering all reports, evidence and
written documentation received from the public with respect to the Project, moved to deny the
Appeal of TPM 08-08 and uphold the decision of the City Engineer and Development Services
Director to approve TPM 08-08 by a vote of 5-2-0-0.
E. City Council Record on Application Appeal
WHEREAS, on July 17,2009, a duly verified application for an Appeal of the categorical
exemption pursuant to CEQA ("Appeal") was filed with the City of Chula Vista Development
Services Department by Save Our Heritage Organization ("Appellant"); and
WHEREAS, in said application, Appellant also requests waiver of all application fees
("Waiver") based on fmancial hardship and denial of due process; and
WHEREAS, a hearing on the Appeal and Waiver was held at the time and place as
advertised, namely September 15, 2009 at 4:00 p.m. in the. Council Chambers, 276 Fourth
A venue, before the City Council and the hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby finds that, based on the entire record, including the report titled "CEQA Historical
Resource Analysis Report", revised January 2009, the structure on which this appeal is based,
which is located at 634 SECOND A VENUE, is not an "Historic Resource."
BE IT FURTHER RESOLVED that the City Council of the City Of Chula Vista has
exercised its independent review and judgement and concurs with the Environmental Review
Coordinator's determination that the proposed project complies with the California
Environmental Quality Act and has determined that the project qualifies for a Class 15
categorical exemption pursuant to Section 15315 of the State CEQA Guidelines, since it is a
minor land division of a 23,381 square foot site into three legal lots.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does
hereby uphold the determination by the City Engineer and Director of Development Services that
a Class 15 categorical exemption pursuant to Section 15315 (Minor Land Divisions) of the
CEQA Guidelines applies to this Project, and, thereby, denies the appeal; and
18-49
Page 3
September 15, 2009
BE IT FURTHER RESOLVED that the City Council of the City Of Chula Vista does
hereby adopt the resolution denying the appeal and upholding the decision of the Development
Services Director that the project is categorically exempt from CEQA pursuant to Section 15315
(minor land division) of the State CEQA guidelines; and
BE IT FURTHER RESOLVED that the City Council of the City Of Chula Vista does
hereby deny the request to waive all application fees for this project.
Presented by
Gary Halbert, P.E., AlCP
Deputy City Manager/Development Services Director
J:\Planning\Caroline\Discretionary Permits\Kevin 0' Neill Lot Split\PCM-09-20 Appeal\PCM-09-20 CC Appeal Reso- 634 Second Ave.doc
18-50
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Honorable Mayor Cheryl Cox
276 Fourth A venue
Chula Vista, California 9\9\0
RE; ITEM \8: CONSIDERATION OF AN APPEAL OF THE DETERMINATION OF THE
DEVELOPMENT SERVICES DIRECTOR THAT THE PROJECT (TPM 0808 SUBDIVISION
OF A 23,38\ SQUARE FOOT SITE INTO THREE LEGAL LOTS) IS CATEGORICALLY
EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT PER SECTION 15315 OF THE STATE CEQA GUIDELINES, THE SITE IS LOCATED
AT 634 SECOND AVENUE.
Dear Mayor Cox;
On Behalf of the Save our Heritage Organization, the appellant in the above matter currently scheduled as
Item 18 on the City Council Agenda for today.
Please be advised that the Appellant hereby requests the appeal be DISMISSED WITH PREDJUDICE.
An informal "Memorandum of Understanding" has been executed between SOHO and the Developer that
serves the public interest and allows an opportunity to save the subject property.
Respectfully submitted,
Save our Heritage Organisation
4~
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CITY COUNCIL
AGENDA STATEMENT
,\\r,
:so '2::. 011' OF
~ CHULA VISTA
SEPTEMBER 15,2009, ltem---13-
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA (1) ACCEPTING THE 12-MONTH PROGRESS
REPORT ON CLIlvlATE PROTECTION MEASURES
IMPLEMENTATION, (2) DIRECTING STAFF TO DEVELOP
MA.NuATORY BUSIN'tSS ASSESSMENT ORDINANCE
LANGUAGE FOR FUTURE COUNCIL CONSIDERATION, AND
(3) DIRECTING STAFF TO RETURN WITHIN 180 DAYS WITH
ANOTHER IMPLEMENTATION UPDATE ..Ap>
DIR OF CONSERVATION & ENVIRONMENTAL SERVICES'I.;-.. '
DIRECTOR OF PUBLIC v..?,fJ!>S Jl'11l
DEPUTY CITy~ij"IR cirDEVELOPMENT SERVICES
CITY Mk'JAGER
ASSISTANT CITY AGER S r
4/STHS VOTE: YES D NO 0 "_.
SUMMARY
To reduce Chula Vista's greenhouse gas or "c1lrbon" emisslOns and meet the City's
. emissions reduction commitment of 20% below 1990 levels by 2012, the City Council
adopted in July 2008 implementation plans for seven new climate protection measures.
The new measures, which were vetted through over 25 public forums and meetings, focus
on lowering energy and water consumption, installing renewable energy systems,
promoting alternative fuel vehicle use, and designing pedestrian and transit-friendly
communities. The attached report outlines staff's progress in implementing the measures
. and pursumg their COlli"1cil-approved fmancing strategy. Most measures are being
partially implemented based on existing and new e),.'ternal funding sources and are
generally meeting ti'1e initial milestones outlined in their original implementation plans.
However, staff is proposing to transition the no-cost business energy assessment program
(Measure #3) into a mandatory component of the business licensing process due to low
voluntary pfu'1:icipation levels. In addition, the City still needs to secure a long-term
funding source to support the measures' full, sustained implementation and to help reach
the City's carbon emissions reduction target.
19-1
SEPTEMBER 15, 2009, ItemK
Page 2 of 6
ENV1RONMENTAL RKVIEW
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 8 categorical exemption pursuant to
Section 15308 [Actions by Regulatory Agencies for Protection of the Environment] of
the State CEQA Guidelli'1es. Thus, no further environmental review is necessary.
RECOMl'\1ENDA nON
City Council adopt the resolution.
BOARDS/COMMISSION RECOMMEN"DATION
Sta.t'1 presented the l2-month progress report on the climate protection measures'
unplementation to the Resource Conservation Commission (RCC) on August 10, 2009.
The RCC unani..1ll0usly supported til.e continued implementation of the 7 climate
measures, strongly recoII'...cliended making business energy assessments mandatory
through the business licensing process, and requested more information COnCeIIlb'1g
proposed exemptions in the new energy efficiency building standard.
DISCUSSION
Chula Vista has histoncally been a regional and national leader in climate protection
policies and programs designed to reduce greenhouse gas or "carbon" emissions. The
City has pa.--ticipated L'1 the United Nations Framework Convention on Climate Change,
ICLEI CIties for Climate Protection Campaign, and the Conference of Mayor's Climate
Protection Agreement. Through this involvement and the Chula Vista Carbon Dioxide
Reduction Plan, the City has committed itself to reducing its greenhouse gas (GHG)
emissions 20% below 1990. Tne City's 2005 GHG emissions h'1Ventory indicated that
annual citywide GHG levels had increased due prima.-ily to residential growill. However,
the City did ma...l(e significant progress in reducing annual per capita emissions by 17%
and municipal operation emissions by at least 18% mainly due to energy-efficient traffic
signal retrofits.
.t\s a result, t.\-je City Council directed staff to convene a Climate Change Working Group
(CCWG) to develop recommendations to add to the City's existing Carbon Dioxide
Reduction Plan and its porcfolio of programs which would further reduce the
commlJI1ity's greenhouse gas emissions. The CCWG - comprised of residential, business
and community-group representatives - evaluated over 90 climate protection measures
and chose seven measures to ultimately recOIlli-nend to City Council. On April 1, 2008,
City Council adopted the CCWG' s seven recommendations and directed staff to execute
the recommendations based on more detailed implementation plans that included input
from a broader range of stakeholders, identified potential funding mecha.'1isms, and
established timelines, budgets, and evaluation criteria. After formally approving the
measures' implementation plans on July 10, 2008, City Council authorized staff to
implement the plans and pursue additional funding sources to ensure their full and long-
term implementation. The seven new measures plus the City's original Carbon Dioxide
Reduction Plan constitute Chula Vista's comprehensive Climate Action Plan.
19-2
SEPTEMBER 15, 2009, Item~
Page 3 of 6
The new measures focus on 10werirlg energy and water consumption, installing
renewable energy systems, promoting altemative fuel vehicle use, and designing
pedestrian and transit-friendly communities. As outlined in the attached progress report,
staff continues partial inlplemenration of most measures based on existing funding levels
and has secured some additional external funds to launch new program components and
to invest i..c"1 new capital improvement projects. Wnile these additional fumis 'Will allow
broader implementation of the seven climate protection measures, funding levels are still
a limiting factor to the measures' full implementation. Tnerefore, staff contiIlUes to
pursue the COli..'1cil-approved finaocing strategy outlined in the original plans. Below is a
summary of the strategy's major financing options and their status:
Grants
Through the federal Energy Efficiency & Conservation Block Grant (EECBG) program,
the City will be receiving almost $2 million to reduce energy consumption and stimulate
the local economy. The funding will allow the City to move forward 'With a number of
. projects LlJat advance the City's Climate Action Plan by installing a new blOdiesel fuel
tank at the Public Works Corp Yard and converting 128 diesel-fueled fleet vehicles to the
alternative fuel source (Measure #l-Ciry Fleet Clean Vehicle Replacements), expanding
on-site municipal solar systems up to 1 megawatts in size (Measure #5-Energy Efficiency
& Renewable Energy Conversions), and by providing direct incentives and 10fu'1S to
homeowners interested in energy (Measure #5) fu"1d water efficiency (Measure #7- Turf
Removal & Landscape Water Efficiency) retrofits. The City's application is currently
being reviewed by the Department of Energy and filllds should be received by October
2009.
In addition to the EECBG, staff has applied for other competitive grant funds including
CalFIRE's "Innovative Urban Greeni..c'1g" grane program ($53,000) (Measure #7) and the
EPA's "Climate Showcase Communities" grant program ($471,000) (Measures #5 and
#7). If awarded, both grants would further expand climate protection measures
implementation and contribute to ciryv"ide carbon reductions. Staff \vill also continue to
pursue additional state, federal and private grant opportunities at the local and regional
level as they become available.
SDG&E Parrflership
The City has been allocated $4.6 million (3-yeaI total) through San Diego Gas &
Electric's Local Government Pfu-mership program as pfu-t of their 2009-2011 Energy
Efficiency Program Portfolio (EEPP). Local Government Partnerships are designed to
empower cities to develop energy efficiency programs and services at their facilities and
within the commlli'lity. Because the EEPP has yet to be formally approved by the
California Public Utilities Commission, SDG&E is providing $91,968 in monthly "bridge
fundi..'1g" to the City until the new funding is approved. The 2009-2011 Chub
Vista/SDG&E Partnership, expected to be fmalized by Jaouary 2010, will provide
support for st2-f[ time (sala..ries and benefits for 6 full-time and 7 part-time staff members)
. and program costs for Measures #3 (Business Assessments), #4 (Green Building
Standard), fu'1d #5 through December 201 L
19-3
SEPTEMBER 15,2009, ItemJL
Page 4 of6
Energy Franchise Fee
Scaff is currently involved in negotiations with San Diego Gas & Electric over Chula
Vista's energy franchise fee. Currently, the City charges a fee of 1.25% and 2.00% on
citywide electricity and na=aJ- g~ sales, respectively. Under the financial strategy, the
City would increase the franchise fee to fund carbon-saving improvement projects in the
community and at municipal facilities, but the new rate would still be under or
comparable to other local jurisdiction's energy franchise fees. For example, the City of
San Diego's electricity franchise fee rate is currently set at 6.88%,while its natural gas
rate is 3.03% of total sales. The new energy franchise fee is expected to be presented to
Council for consideratlOn in Janulli-Y 2010 and, if approved, would create a new, long-
term revenue source for the implementation of all seven climate protection measures.
Local Fee Authority
A Local Fee Authority, which would be created t.'rrough new State legislation, would
enable jurisdictions to place a local surcharge on utility bills (such as energy, water, or
sewer) to fund local carbon reduction programs and services. In coordination with local
State representatives, staff plans to help draft the specific bill language and glli'Tler
political support from other municipalities and state officials over the next 6 months.
Similar to fra11chise fees, the Local Fee Authority would create a new, long-term revenue
source for the implementation of all seven climate protection measures. Staff expects to
help finalize bill language as part of the State Legislature's 2010 session.
Building Permit Fees
The additlOnal building permit review and inspection time associated with implementing
a Green Building Standard (Measure #4) would be funded through revised development
fee schedules. The new fee, part of the City's broader Master Fee Study, will be finalized
and presented to City Council for consideration in December 2009.
Bonds
The Council-approved fmancial strategy outlined the use of municipal bonds to support
measures implementation. A municipal bond would be utilized to finance two carbon-
saving project types - public purpose projects (such as energy-efficient streetlight retrofits
and alternative fuel vehicle fleet purchases) and community retrofit projects (such as
energy and water efficiency upgrades in homes and businesses). Regardless of project
type, the municipal bond's debt service would be offset by the resultmg energy or fuel
cost savings and repaid by beneficiaries of those savings. Last year, the Internal Revenue
Service also expanded two ta.."X credit bond programs, Certified Renewable Energy Bonds
(CREBs) and Qualified Energy Conservation Bonds (QECBs), to specifically help local
governments implement carbon reduction projects by offering low interest financing
options. Staff plans to finalize a public bond package for City Council consideration over
the next 6 months in anticipation of a June 2010 public vote.
Although the Climate Chlli"lge Working Group's original Measure #3 recommendation
was to require all licensed businesses to participate in a no-cost energy assessment of
then premises, City Council directed scaff in July 2008 to b~gin implementation of t.1e
business energy assessment program on a voluntary basis and to report back to Council
19-4
SEPTEMBER 15,2009, ltemK
Page 5 of 6
on the resulting participation levels. Since integrating the energy assessment program
into the City's business license process in January 2009, staff has tracked and assessed
the voluntih: prograIn's "success" in recruiting businesses. The d2.ta indicates t,1at
linking a voluntary energy assessment program to the business license process resulted in
less than 1% participation of eligible businesses (29 of 4,100). Because of the low
participation levels, staff had to resort to on-site solicitations of 432 businesses to
increase program participation creating significantly higher implementation costs. These
higher costs make the program less cost effective and unsustainable in the long-term. In
addition, staff will need to invest these incremental resources in other programs such as
the Home Upgrade, Carbon Downgrade progran1 (home performance retrofits) early next
year. Nonetheless, over 311 businesses participated in the program between January and
July 2009 with 71 % ofparticiparlts implementing one or more of the recommendations
from the free energy assessments. Of those busL'lesses which implemented at least one
recommendation, approximately one-third experienced immediate cost savings on their
monthly utility bills.
Because of the low participation rates in a voluntary energy assessment program, staff is
recommendillg to m~l(e the no-cost energy assessment required as part of the business
license process. It is important to note that businesses would only be required to have a
no-cost assessment and are not required to implement any of the energy-saving
recommendations from the assessments. If directed by Ciry Council, Stfu'I would work
with the Chula Vista Chamber of Commerce and other stakeholders to draft the necessary
ordinance modifications and return to COlli"1cil for formal review and consideratioll.
Finally, staff will return to City Council within at least 180 days to provide further clarlry
Oil the climate measures' overall implementation and Slatus on theli financing.
Departments will also be returning to City Council throughout the next 6 months to
present specific ordinances al1.d resolutions necessary for the implementatioll of
individual measures.
DECISION MAKER COl'iFLICT
Staff has determined that the recommendations requmng Council action are not site-
specific and consequently the 500-foot rule found in CalifoITJa Code of Regulations
section l8704.2(a)(1) is not applicable to this decision.
CURRENT YEAR FISCAL IMPACT
Current pai1:ial implementation of the climate protection measures is being funded
through existin2: depar-illlental budgets and external grant a:.""1G lovv interest loan -funes,
thus not creating a new cost to the General Fund. Through some projects'
implementation, the City generates annual operational saviI1gs, particularly projects
funded by grants, direct rebates, and no-interest loans. However, the greatest a,"lllual cost
savings are generated by larger projects nmded by externalloarls that require 3-5 years
from irnplementation date to retire a11d generate their full General Fund savings potential.
Per City Council's direction iD July 2008, staff continues to pursue additional one-time
and annual funding sources to support full, sustained L.'1lplementation estimated at
$2,407,500 and $1,990,000 respectively (revised arnomrts).
19-5
SEPTEMBER 15,2009, ItemA
Page 6 of6
ONGOING FISCAL IMP ACT
As new revenue is secured, the implementation of these measures will be expanded and
the additional program costs, which include staff time, materials, and contractor services
as well as some capital improvement projects, will be fully offset by new grant, low/no-
interest loan, or enemal fee revenue (i.e. no new General Fund impact). Furthermore,
most measures will also help create annual General Fund savings in the medium-term
through increased energy and water efficiency at municipal facilities and reduced fuel
consumption by fleet vehicles. The City's current cost for electricity, natural gas, and
water is approximately $6.5 million annually. Through implementation of the Climate
Action Plan and other complementary programs, the Conservation & Environmental
Services Department works to assist the Public Works Department in stabilizing and
reduch'1g these General Fund utility costs by up to 25% over the nen three years helping
to offset future utility rate increases. Staff will also monitor any potential impact to the
City's Energy Franchise Fee and Utility Users Tax revenue as energy consumption in the
community is reduced through the Horne Upgrade, Carbon Downgrade retrofit program.
ATTACHNlENTS
Attachment A - Climate Protection Measures 12-Month Progress Report (August 2009)
Attachment B - CCWG Measures' Implementation Plans (July 2008)
Prepared by: Brendan Reed, Environmental Resource Manager, Conservation & Environmental Services
19-6
~\ft-
~~-
~~ 'fi~_'"'lii:l'
I ATTACHlvJENT A I
CITY OF
CHULA VISTA
CLIl\1A.TE PROTECTION MEASURES
Implementation Progress Report
August 2009
SUMMARY
On July i 0, 2008 the City Council adopted implementation plans for seven additional climate
protection measures to reduce Chula Vista's greenhouse gas or "carbon" emissions. Tne new
measures, which were recommended by the City's Climate Change Working Group
comprised of residents, businesses and COllil"Tluruty representatives, were designed to assist the
City in meeting its 2012 emissions reduction commitment of 20% below 1990 ievels by
requiring "clean" vehicle replacements for City and contracted fleet services, linking energy
assessments to annual business licenses, mandating green building standards for all new
construction, facilitating turf lawn conversions to water-saving landscapes, focusing mixed-
use, transit-{lriented development near trolley stations, and impiementing a community
energy efficiency an.d solar retront program.
As directed by City Council, staff has been implementing t.loe approved measures over the last
12 months based on available funding. The following 12-month progress report outlines each
measure's implementation status and upcoming miiestones. Most measures are making
progress or meeting the milestones outlined 1.\1 their original implementation plans. However,
staff is proposing to transition the no-cost business energy assessment program (Measure #3)
into a mandatory component of the business licensing process due to low voluntary
pfu-ticipation levels. At Cormcil' s directlOn, staff will work with stakeholders to develop the
necessary ordinance larlguage and return to City Council for further review and consideration.
The City has been very successfill in secu.,:ing additional financing to v.md some of t.loe
measures' short-term program implementation and some capital improvement projects
outlined in the original plans. However, neither of the two long-term funding options
approved by Council has been secured, but Stfu'f continues to work with the Cli!nate arId
Energy Sub-cornIIllttees and other stakeholders to pursue them.
OVER6.LL PROGRAM ADiYJJ]'1"lSTR,;,. nON
Stakeholder Outreach
Staff continues to educate residents, businesses, fu"ld communiry groups about the Ciry' 5
multi-department climate protection program. Program information has been distributed to
the public through the Chula Vista CLEAN website, local newspaper advertisements,
commurury-wide events such as the weekly farmers markets (Thi.rd Avenue and Otay Ranch
Town Center), and Earth Month activities. In addition, the City hosted a special community
presentation on April nod as part of the National Conversation on Climate Action organized
by ICLEI-Local Governments for Sustainability and the National League of Cities. The
event attracted over 60 participants and featured a presentation by the San Diego
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Foundation on their "Focus 2050 Study" which evaluated the potential impact of climate
change in the San Diego region and how local communities could "adapt."
The City is also engaging other local agencies in the implementation of its new climate
measures and overall cliInat,,- protection program. Staff attended the first multi-
jurisdictional meeting in San Diego County of the California Statewide Community
Development Authority (sponsored by the League of California Cities and the California
Association of Counties) and pledged the City's support to establish a regional "California
FIRST" bond program to assist local jurisdictions with implementing property-secured
home energy retrofit financing or AB811-type programs. Chula Vista is also currently
ServL'1g as the host city for the San Diego Regional Climate Protection Initiative. Tne new
initiative, which is being sponsored by the San Diego Foundation and administered by
ICLEI, has allowed the City to disseminate program information and coordinate carbon
reduction efforts with other jurisdictions and regional stakeholders.
The City was a sponsored guest at an international conference in Sevilla, Spain convened by
the Andalusian government in May. The conference was dedicated to facilitating the
sharing of technical and policy resources concerning climate adaptation between public
agencies withi." California and Andalusia. Staff will be working over the next month with
the Council's ICLEI representatives, Councilmember Bensoussan and Councilmember
Ramirez, to create a roadrnap for further coordinating with these partner agencies and
developing climate adaptation plans and programs. The City was also a sponsored guest
speaker at the ICLEI Cities' for Climate Action campaign's conference in Washington, DC
which featured California Senators and Congressional representatives who are supportive of
federal climate action initiatives.
As a result of these efforts, the City has been recognized by various stakeholder groups and
agencies for its.recent accomplishments in climate action planning and programs. Recently,
the City of Chula Vista was selected as an award honoree by the California Flex Your
Power Campaign for its energy efficiency efforts in the community and at municipal
facilities. The City was also bestowed the inaugural "Cool City. Award" by t.c':1e Sierr2. Club
(San Diego Chapter). The award was presented at the Sierra Club's annual benefit dinner in
May and accepted on behalf of the City by Mayor Cox and Councilmember Bensoussan.
Emissions Tracking & Reporting
The City is currently compiling its 2008 greenhouse gas (GHG) emissions inventor; for
municipal operations and the broader community. For its 2008 inventor;, Chula Vista will
be continuing its climate action leadership tradition by participating in the California
Climate Action Registrj (CCJlR). CCAR provides a hig.f:1er level of scientific rigor and
requires third-party verification as part of its inventor; process. Tne 2008 GHG inventor;
will allow the City to assess its progress in reducing emissions to meet its 20% below 1990
levels target. The City's last inventor; in 2005 documented an increase in citywide
emissions compared to 1990 mainly due to residential sector growth. However, the City did
make significant progress in reducing annual per capita eITIlssions by 17% between the two
inventor; years and avoiding nearly 200,000 tons of GHG emissions annually. In addition,
GHG emissions from municipal sources decreased by at least 18% mainly due to energy-
efficient traffic signal retrofits. Staff plans to return to City Council in October 2009 with a
completed 2008 emissions inventor;.
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MEASTJRE #1 - CLEA.N VEmCLE REPLACEMENT POLICY FOR CITY FLEET
Overview
Measure # 1 directs the City to require that 100% of the replacement vehicles purchased for
the municipal fleet be high ,fficiency (hybrid) or alternative fuel vehicles (A.FVs).
However, factors such as the appropriateness for the vehicle task, fueling infrastructure,
petroleum displacement, and the overall cost and envirolli"Ilental benefit must be considered
prior to purchasing each replacement vehicle.
Status
The CiTY recently added another electric-hybrid vehicle (wastewater truck) to its fleet
inventory increasing the total number of non-transit hybridJ,<\FVs to 14. Due to budget
constrainTs, the City will not be purchasing any new vehicles out of the Fleet Management
Fund in Fiscal Year 2009-10. However, existing diesel-fueled vehicles in the City fleet ",ill
be convened to operate on biodiesel.
Next Steps
The conversion of the fleet's 128 diesel-fueled vehicles (or 23% of the total fleet) to
biodiesel is anticipated to be implemented by November 2009 in conjunction with the
installation of a 10,000 gallon fi~el storage tank at the Public Works Corp Yard. The new
tank will be fully funded through the City's federal Energy Efficiency & Conservation
Block Grants (EECBG).
MEASURE #2 - CLEAN VEmCLE REPLACElVIENT FOR CITY-CONTRACTED
FLEETS
Overview
Measure #2 directs staff to work with fleets under City authority to influence their expanded
use of alternative fuels and high efficiency/alternative fuel vehicles (AFV) includirlg
electric, biodiesel, ethanoL hybrid, hydrogen, and compressed natural gas (CNG) based on
appropriateness for vehicle task, fueling infrastructure, petrolellili displacement, overall
cost, and envlIo=ental benefit.
Status
Chula Vista Transit
On January 15,2009, Metropolitan Transit System approved Chula Vista Transit's request
for two (2) additional 40-foot CNG buses. These buses will replace two (2) existing 1995
diesel buses and would ""crease ii'1e transit fleet's /,FV count to 100%.
Street Sweeping
The current contract willi CannoIl-Pacific expires June 30, 2011. Language will be added to
the RequeST for Proposals outlining the City's new policy for ,,,Pi/Hybrid vehicles.
Trash l.qauler
Allied Waste Services (A WS) re-irlstituted the use of biodiesel for over 50 diesel-fueled
vehicles ill its Chula Vista fleet. On June 22, 2009, A WS started the use of biodiesel by
taking delivery of 7,500 gallOIlS of B20 biodiesel blend. The biodiesel fuel is locally
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produced by New Leaf Biofuel which collects and recycles used cooking oil from Chula
Vista (26 accounts) and San Diego restaurants.
Tow Trucks
The contract 'With the tow comp_anies to provide police initiated tows expires June 30, 201l.
Language will be added to the Request for Proposals outlining the City's new policy for
MV /Hybrid vehicles.
Next Steps
Two (2) 40-foot CNG transit buses have been ordered and are anticipated to arrive in
November 2009. The City may work "ith utilities and regional agencies to further develop
local infrastructure for alternative fuels helping to ensure that these fueling options are
readily available for contractors and the public, whenever possible.
MEASURE #3 - BUSINESS ENERGY ASSESSMENTS
Overview
The measure, as adopted by City Council, would encourage commercial and industrial
businesses to pa>.-ticipate in an energy assessment of their premises through a new municipal
ordinance. The measure helps businesses identify energy efficiency and water conservation
opportunities at their facilities and take advantage of rebate, incentive and fmancing
programs for improvements solely at t.':1e business's discretion. The assessments, which are
being offered at no cost, only apply to businesses with a physical storefront and/or office
and would be encouraged when a new license is issued or every three years for a renewed
business license. The original Climate Change Working Group's recommendation for a
mandatory assessment program aligned with t.':1e business license renewal process was
amended by City Council into a voluntary program due to the program's historical high
participation rate of 25% (or 1 of every 4 businesses agreeing to participate in the voluntary
program). City Council passed the voluntary approach with the qualification that staff
would update Council with the new voluntary participation rate through the business license
renewal process after 6 months.
Status
In October 2008, 'City Council passed a new ordinance encoura...aing no-cost, volunta>.J'
energy assessments for commercial and indUstrial businesses. The energy assessments.
winch typically include an on-site review of a building's systems (i.e. lighting, cooling and
heating), envelope (i.e. exterior windows, doors and insulation), office equipment,
appliances, operational procedures, and energy bills, 'Will assist the businesses ir1 lowering
their monthly utility costs and consequently their contribution to greenhouse gas emissions
and climate change impacts. The assessments also include a review of water conservation,
alternative transportation, and other practices which the pa>.-ricipating busirless could
implement and/or promote tq its employees and customers. Since January, over 311 free
energy assessments have been completed in the community. A survey of participating
businesses highlighted that 71 % had implemented at least one of the operational or retrofit
recommendations provided by program staff and 29% have already noticed cost savings on
their utility bills. Furthermore, because energy rates increased between 3-5% over the last
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year, ,,'1e energy savings from the recommendations will help offset these irlcreased monthly
utility costs.
City staff has tried multiple marketing and outreach methods over the last 6 months to
increase program pa.-ticipation__by local businesses. The voluntary energy assessment
program was initially integrated into the City's business licensing process through updates
to license application, renewal forms, website, and Permits Plus tracking software.
Approximately 4,100 businesses wbich qualify for the free assessment (i.e. occupies a
storefront or office) also received a program flyer with their business license application or
renewal form in December 2008. Of these businesses, only 29 responded a.,d participated
as a result of voluntfu-ily linking the energy assessments to the business license (an
approximately 0.7% "success" rate). Tne majority of program participants (282 of 311)
were actually recruited through on-site staff solicitations or cold calls. Although this
method produced a 65% "success" rate, it requires additional staff time, travel, and other
resources resulring in an approximately 25-35% increase in program implementation costs.
It should be noted that staff expects this success rate to decrease dramatically as the
program begins to focus on more hard-to-reach business sectors such as office buildings and
large compailles.
Because of the Io.w success rate through linking voluntary assessments to business license
renewals, staff recoIlliliends that City Council reconsider establishing the assessment
progra.li as a mandatory component of the business licensing process, as origmally
proposed by the Climate Change Working Group and as unaillmously endorsed recently by
the Resource Conservation Commission. The program, which would only mandate
assessments (i.e. diagnostics) of a busmess's energy and water use, would not require any
implementation of identified energy/water-saving opportUnities and would not trigger any
costs to the busmess. Although staff has been able to increase program participation
through additional marketing methods, the added costs fu'ld time are not sustainable over the
long-term. In addition, businesses would fmancially benefit from the information 2nd data
provided by the no-cost assessment helping them take advantage of free utility-sponsored
services and reduce their monthly operating costs during these challenging economic times.
The recommended mandatory program will ensure that every Chula Vista business has the
opportunitj to access their fair share of these ratepayer-funded opportWJ.ities making their
business more reglOnally competitive.
Next Steps
Stfu"'T will continue to monitor and report to City Council the program's pa.-ticipation levels
over the next year. In addition to the existing marketing channels, the business energy
assessment prograrr. will be developing new outreach opportunities. The City will be
working wi,,1 two new SDG&E programs, the Mobile Energy Clinic and the Healthcare
Energy Efficiency Campaign, to link the energy assessments to no-cost direct installation
servlces. The services will provide participating businesses with free air-conditioning
maintenance and energy efficiency retrofits helping to lower their monthly utility costs.
If directed by City Council, staff will work with the Chula Vista Chamber of Commerce and
related stakeholders to rehL.ll to Council in October to more formally consider the transition
to a mandamry, free assessment program for the 20 j 0 business license period.
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MEASURE #4 - GREEN BUILDING STA1'i'DARD
Overview
1-.5 reported to Council in the 6-Month Progress Report in February 2009, Measure #4
would mandate new and retrofit residential and non-residential projects to incorporate the
requirements of the Housing and Community Development's (BCD) version of the
California Green Building Standards Code (CGBSC) and to be more energy efficient than
t.f:1e 2008 Building Energy Efficiency Standards (08 Standards) by a specific percentage. In
addition, staff reported that they are considering a community/site design carbon savings
option by which builders can use carbon savings realized from implementing sustainable
community or site design measures toward meeting a portion of the required increased
building energy efficiency standards. Two other components of Measure #4 are 1) the
implementation of a green awareness program, and 2) updating existing and establishing
new design and regulatory provisions that incorporate sustainable practices.
Staff is working on two draft ordinances, a green building ordinance (GBO) and an
ordinance amending the City's Energy Code, Municipal Code Chapter 15.26, adopting the
08 Standards and the City's increased energy efficiency standards. The status of these
ordinances and the other components is discussed below.
Status
Green Buildin" Standards
Staff incorporated the CGBSC indoor water conservation measures into the City's proposed
green building standards. Staff presented the proposed GBO to the Board of Appeals and
Advisors (BOA&A) on August 10, 2009. The BOA&A passed a motion to recommend to
City Council the adoption of the ordinance. Staff anticipates taking the GBO to Council in
September 2009.
Increased Ener"" Efficiencv Standards
The State moved the effective date of the 08 Standards to January 1, 2010. The 2008
Standards were scheduled to take effect on August 1,2009; however, the California Energy
Commission (CEC) experienced delays in completi.l1g a public domain compliance software
which must be made available to the public prior to the 08 Standards taking effect. This
moves the date by which our proposed increased energy efficiency standards can take effect
to January 1, 2010 or after.
On May 6, 2009, staff presented the cost-effectiveness study and staff recommendation to
the Council Energy Subcommittee. The study consisted of case studies analyzing the
upfront incremental cost and payback periods resulting from requiring low-rise residential
projects to be more energy efficient than the 08 Standards by 10%, 15%, and 20%, and non-
residential and high-rise residential by 10%. At that time, staff proposed requiring low-rise
residential (three stories or less) to be 15% more energy efficient tha,:l the 08 Standards, and
10% for high-rise residential and non-residential. The Sub-committee requested that st3J.'1
rerum with additional information on the impact of 15% and 20% above 08 Standards for
non-residential and high-rise residential before it can make its recommendations. Staff
worked with SDG&E on amending their contract with the consultant to include case studies
analyzing non-residential and high-rise residential for 15% and 20% above the 2008
Standards. Staff returned to the Subcommittee on August 3cd and presented the updated
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study and proposed 15% above the 08 Standards for both residential and non-residential,
and proposed exempting low-rise residential additions and alterations that are less than or
equal to 1,000 square feet and high-rise residential and non-residential additions and
alterations that are less than or equal to 10,000 square feet. In addition, staff proposed
including a placeholder in the Ol::dinance for a future community design energy credit option.
The Subcommittee modified staffs proposal 'with a recommendation to require 20% above
the 08 Standards for low-rise residential in Climate Zone 10, the harsher climate zone
covering the most easterly part of the City. Furthermore, the Subcommittee directed stfu"f to
provide statistical data on the median size of residential additions in the City to help identify
if the 1 ,000 square foot threshold for residential addition/alteration is a reasonable size.
Staff will incorporate the Subcommittee's recommendations into the proposed ordinance
and will then take it to the BOA&A before taking it to Council. Staff anticipates bringing
the proposed ordinance to Council in October 2009.
Green Awareness Pro cram
Development Services staff is maintauung the "Sustainability Center" website and is
assisting customers at the "Sustainability Desk" Future ordinmlCes, policies, and guidelines
resulting from the implementation of Measure #4 will be published on the site.
Furthermore, staff is currently being trained on the proposed green building standards and
the upcorn.ing 08 Standards.
Policy Guidelines and Regulatorv Amendments
This portion of the measure consists of the following three components related to updating
existing and establishing new design and regulatory provisions 10 ensure incorporation of
sustainable practices and features into new lmger-scale development projects: the
Community Sustainability Program, Zoning and Design Guidelines, and the current and
proposed efforts of the Chula Vista Research Project (CVRP) through the National Energy
Center for Sustainable Communities (NeCSC) and San Diego State University (SDSU)
regarding a Community Site Design Program.
Community Sustainability Programs-
Staff is near completion of updates to the Guidelines for preparation of Air Quality
Improvement Programs (AQIP) required of new development projects involving more
than 50 dwelling units. Present AQIP requirements from 2001 are out-of-date, and the
update will reflect our current minimum energy savings requirements for new
development 2.S discussed above, 2.S well as available programs aod options for
complifu'lce that address vehicle miles traveled (VMT), transit-oriented design, multi-
modal streets, pedestrian orientarion, and laodscape design. Using current fiscal year
funding, staff is also working with Criterion Planners/Engineers, Inc. to update the
INDEX computer model used to evaluate t.l}e design of SP A Plans through the required
AQIP. The work will establish an expanded set of performance indicators for
evaluating future development, along with new baseline performance scores that must
be met for each of the indicators. Those baseline scores ,will be developed through
analysis of smart growth oriented projects built jI] the last 10 years or so, including Otay
Raoch Villages 1, 5, 6, and II. The revised performance indicators and baseline scores
will be included in the upciated AQIP guidelines. The work with Criterion will be
completed in September, and staff will then forward revised AQIP Guidelines for
Council consideration in October 2009. The intent is to ensure that cO'ntemporary AQIP
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Guidelines are in place prior to processing the next series of SPA Plans in eastern Chula
Vista as part of the South Otay Ranch/University Villages planning efforts.
Zoning and Design Guidelines-
As noted in the implementation plan, development of zoning standards and design
guidelines for energy efficient communities is awaiting an analysis of findings from the
CVRP conducted by the NECSC and SDSU. Staffand SDG&E are currently reviewing
a revised version of the draft CVRP findings released in July 2009, and a final document
should be available in September 2009. Staff will need approximately 90 days to review
and assemble initial zoning and design policy guides for review and further direction by
City Council. Staff currently anticipates returning to Council in November 2009 ,vith
these initial draft policy guides.
CVRP/NECSC Community Site Design Program-
As noted in prior reports, the CVRP centers around the evaluation of more energy
efficient community design and building options using the Eastern Urban Center and
Otay Ranch Village 9 as pilot models. The initiative modeled the energy efficiency and
emissions performance of alternative building energy technologies and site design
features for the two projects. Although the CVRP was not specifically designed to
generate low-carbon site development standards and guidelines, the above noted
modeling results do provide a firm foundation upon which to frame follow-up research
to produce them.
To pursue this follow-up research, in fall 2009 staff worked collaboratively with the
NECSC and two eastern Chula Vista developers L'l preparation and submittal of a
competitive grant application to the CEC. While that application na.:Towly missed
funding in January 2009, the NECSC and SDSU resubmitted a similar application in
April 2009 (entitled Model Site Design Guidelines, Measures & Standards for Energy
Efficient/Low Carbon Community Development) under the CEC's Technology
Innovations for Buildings and Communities-II grant program. Similar to the earlier
grant effort, the proposal includes a second tIer of building and infrastructure technology
modeling and community design option evaluations in conjunction with the pending
South Otay Ranch/University Villages project work. It also includes formulation of
low-carbon site development standard and guidelines envisioned by CCWG Measure
#4.
On July 25, 2009, the NECSC was informed that the proposal passed the 1st stage
screening. More detailed budget and contract specifics are now under preparation and
review for the 2nd stage, and final notice of award by the CEC will take place in early
December. If awarded, the work would commence in March 2010. The work
associated with community design options and standards is scheduled over
approximately 5 months, with initial information being available in September 2010.
The information could then be used in developing workable modeling tools fu""ld design
features for inclusion in a local Community Site Design Pro\ITam
, ~ ~
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Next Steps
Staff anticipates taking the GBO to Council in September 2009 and the increased energy
efficiency ordinance (EEO) in October 2009. After fIrst reading, staff will submit the EEO
to the CEC for approval. After CEC approval, which may take up to three months, staff will
bring it back to Council for seco_nd reading and adoption. Both ordinances will also have to
be fIled with the Building Standards Commission prior to taking effect. Tne anticipated
effective date of the GBO is November 2009, and the EEO is Februa.c)f20l0.
With regard to the Policy and Regulatory Amendments component, staff will bring updates
to AQIP Guidelines to Council in October 2009, followed by a report on possible zoning
standards and design guidelines in November 2009 based upon outcomes of the CVRP.
Information on the more comprehensive Community Site Design Program, based on the
pending NECSC grant work (iffunded), would be presented in September 2010.
l\fEASlJRE #5 - SOLAR & ENERGY EFFICIENCY CONVERSION PROGR"~1\1
Overview
In Chula Vista, there are an estimated 50,000 residential and commercial units that were
built prior to statewide minimum energy efficiency standards. The "Solar & Energy
Efficiency Conversion" program (now called the Home Upgrade, Carbon Downrzrade
program) is intended to facilitate widespread installation of energy efficiency and renewable
energy upgrades by helping the average resident and small business overcome common
institutional barriers, upfront capital costs, complicated application processes and time
.constraints. The program's primary components include (l) Identifymg the energy and
water upgrades that help reduce ratepayers monthly costs, (2) Executing a competitive bid
process that identifIes participating contractors and establishes maXimu.IIl prices and
minimum warra11ty and service standards, (3) Aggregating participants geographlcally TO
harness their collective purchasing authority and illaeximize the potential for installation
efficiency and savh,gs, (4) Securing the best available bonding mecharisms and establishing
voluntary special assessment districts to provide participants with a fInancing option to fund
Ll1eir improvements, (5) Linking local vocational job training h, energy and water
conservation with focused business recruitment, and (7) Updating municipal codes to
encourage renewable energy and conservation product installations and to remove
institutional barriers.
Status
The Conservation and Environmental Services Department has fu.Lher developed the
community energy retrofIt program, entitled the Home Upgrade. Carbon Down'5'"ade
program. The City has allocated $900,000 of its federal Energy Efficiency & ConServatlon
Block Grants (EECBG) to help launch the program and fund initial home performance
improvements. SpecifIcally, the program will use EECBG funds to sponsor free home
performance assessments and leverage existing Utility-sponsored incentives to further lower
the purchase price of identifIed energy efficient and renewable energy retrofit opportunities.
In addition, an "EECBG Revolving Loan" ($390,000 of the $900,000) will be made
available to program participants who wish to fInance the total cost of product purchases
and installation (i.e. have no up-front costs) and repay the loan through their monthly energ)'
cost savings. Finally, program funds will help establish a local green job education and
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training curriculum in association with community college aIld high school districts. This
training program will also be linked to apprenticeship and career opportunities with support
from the National Electrical Contractors Association and the International Brotherhood of
Electrical Workers.
The EECBG funds for the Home Upgrade, Carbon Downgrade program will be
supplemented and leveraged with $20 million in private, property-secured fmancing which
program participants can also access to fund building retrofit projects. Property-secured
financing, commonly called AB811 financing, is emerging as a novel tool for local
governments to facilitate the installation of water conservation, energy efficiency, and
renewable energy upgrades in the community, and allows homeowners to finance carbon-
saving improvements through a voluntary ta.x assessment on their property. The new
assessments are offset by the resulting utility savings. Staff is working with California
FIRST and other jurisdictions to establish a bond option to fund the upfront capital costs of
the home and business retrofit program. California FIRST was established by the California
Statewide Communities Development Authority (CSCDA) which was created originally by
the League of California Cities and California State Association of Counties and has funded
billions of dollars in local infrastructure projects. California FIRST would provide the City
with AB811-type fmancing to utilize through the Home Upgrade, Carbon Downgrade
program. Over the next few months, California FIRST will fmalize its programmatic and
fmancing criteria and City staff has volunteered Chula Vista as the first participating city in
the San Diego region. City staff is working with California FIRST partners and other
regional partners to allow Chula Vista to stac-t its property-secured financing program this
winter. The California FIRST program and EECBG funds would provide critical funding to
initiate the Home Upgrade, Carbon Downgrade program and ultimately complement the
City's Measure 5 program bond that City Council has previously targeted for June 2010.
The City has begun to identify an additional round of energy efficiency and renewable
energy retrofit opportunities at municipal buildings and facilities. The new retrofit
opportunities, which would be implemented over the next 3 years, include:
1. Municipal Solar Installations - Currently, 75 kW of solar PV are installed at the Civic
Center Complex (30 kW), Police Headquarters (35 kW), Nature Center (6 kW), and
Household Hazardous Waste Facility (4 k'\V) providing approximately 2% of
municipal energy demand. As outlined in the Chula Vista Municipal Building Energy
Efficiency Policy, the City's overall goal is to provide 20% or more of the total energy
demaIld for City-owned facilities with renewable energy. Staff has released a RFP for
expanding municipal on-site renewable energy generation to meet this minimum 20%
target. The EECBG funding that ac-TIves in October 'Will allow the City'to substantially
complete the 20% goal near the end of this calendar year.
2. ParA--way Boiler & Solar Hot Water System - Tne project would install a new high-
efficiency, condensing boiler a..nd new solar hot water panels at the Parkway
Recreation Center to provide domestic hot water and heat the swimming pool.
Because the Center's current hot water equipment is at the end of its lifespan, the
energy efficiency retrofit proj ect would also help to defray future scheduled
replacement costs. Coupling a new solar hot water system with the new boiler creates
an opportunity to maximize t.':1e building's hot water efficiency and miniIDlze the
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entre system's payback period. SDG&E's On-Bill Financh"1g or the CEC Loan
program will allow the City to complete this program within the next 6 months.
3. lvfunicipal Facility Lighting Retrofits (phase 2) - The project would make energy
. efficiency upgrades to ext~r:ior and interior lighting fnctures and control systems at 54
municipal parks and buildings including Civic Center Library, Otay Recreation Center
and Lorna Verde Recreation Center. The project would also upgrade the street
lighting along the 3rd A venue business district. The higher efficiency light .bulbs
typically have a longer lifespan than convention bulbs further increasing future
municipal savings. SDG&E On-Bill Financing or the CEC Loa.TJ. program will allow
the City to complete this program within the next 6 months. .
4. ivfunicipal Heating & Air Conditioning Retrofits (phase 2) - The project would make
energy efficiency upgrades to the heating and air conditioning systems at the South
Chula Vista Library and Public Works Corp Yard. Specifically, the retrofitted
systems would include new air handler economizers, centrifugal compressors, and
advanced digital control systems. Because heating and cooling typically represents
40-50% of building energy use during the daytime, efficiency improvements directly
reduce peak energy loads. SDG&E On-Bill Financing or the CEC Loan program will
allow the City to complete nlis program within the next 3 years.
5. flluminated Street Name Signs - The City currently operates approximately 700 street
name signs illuminated vvith incandescent bulbs. The project would replace these
signs with highly-reflective aluminum versions to reduce municipal energy demand
and consumption. It would also eliminate current mahltenance costs and staff time
associated wit.'1 replach"1g expended or broken bulbs and damaged signs. SDG&E On-
Bill Financing or the CEC Loan program will allow the City to complete this program
within the next 3 years.
6. Energy Efficient Streetlights Replacement - The City currently operates and maintains
over 9,000 streetlights which account for about 36% of annual municipal electricity
use. The project would replace the light fL'(tures with energy efficient technologies,
while being mindful of public safety concerns regarding light quality and coverage.
Tne streetlight replacement project represents one of the City's best opportunities to
increase municipal energy efficiency and generate over 5440,000 in potential annual
savings at current electricity rates. SDG&E On-Bill Financing or the CEC Loan
program will allow the City to complete this program within the next 3 years.
Next Steps
City staff will fmalize the program logistics and funding for the Home CTpgrade, Carbon
Downgrade program. An RFP will be released in October 2009 to select a tbird-paliy
program administrator and private fmancing source. It is expected that the program will
officially launch in January 2010 (after EECBG funds are received) and facilitate at least
2,000 home performance retrofits over the first 3-year period. The goal is to phase mto
approxhuately 2,000 energy efficiency retrofits per year and provide the opportunity to
update all 50,000 Chula Vista homes built prior to 1980 by 2020 per the California Public
Utilities Commission policy. The project would also provide similar program benefits for
newer homes to install solar and targeted energy efficiency upgrades.
Climate Measures Implementation
12-Mont4 Progress Report (August 2009)
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19-17
F or energy efficiency improvements at mUJ1jcipal facilities, staff will finalize the
engineerin,g specifications for each retrofit project and release RFPs to solicit contractor
price quotes, Staff expects to select a contractor(s) in September 2009 for the municipal
solar project, and plans to beg41 installing the photovoltaic panels in January 2010, The
suite of retrofit projects will help to dramatically lower operational energy demand, monthJy
utility costs, and carbon emissions,
MEAST)RE #6 - SMART GROWTH AROU1\il) TROLLEY STATIONS
Overview
The Measure #6's implementation plan consists of four components whose status is
presented in the following section, The combined intent of these efforts is to accomplish the
remaining planning groundwork necessa.ry to support realization of the smart growth
development densities and intensities envisioned in both the General Plan and the Urban
Core Specific Plan (UCSP) for the areas surrounding the E SL, H SL, and Palomar SL
trolley stations,
Status
Urban Core SDecific Plan ImDlementation
This implementation plan component consists of two 1llluabves: the complebon of a
coordinated site development program for the area surrounding the E SL trolley station, and
the completion of a visual simulation model with SAi'H)AG depicting what development
intensification of the area would look like,
The visual simulation for redevelopment of E SL trolley station area was completed under
the SAt'illAG grant in August 2008, and is available for viewing on both our City website
and the S.ANDAG website, Regarding the E SL TFA site development program, as reported
in the last update, the City/RDA's efforts under an ENA (Exclusive Negotiation Agreement)
with Galaxy Commercial Holdi11g, LLC did not reach fruition and were ended on November
8, 2008, In February 2009, Planning and Redevelopment staff submitted a proposal for
$150,000 under S.ANDAG's Smfu-t Growth Improvements Program to conduct a 5-day 'lTLI
Advisory Services Program, establish a set of site development program requirements, and
prepare an RFP to solicit competitive site design proposals based on the program
requirements, In March 2009, t,'1e City was informed the grant proposal was nm approved;
however, staff have recently partnered with the local San Diego Chapter of the Urban Land
Institute (ULI) to conduct a ULI Technical Advisory Panel (TA.P) program for the site in
September/October 2009, The T A.P will assist the City/Agency in identifying a set of
feasible site development parameters considering current market realities,
H Street Corridor Study
This implementation plan component consists of three initiatives: the Urban Land Institute
program, potential General Plfu'1 and/or UCSP amendments, and completion of a 3-D visual
simulation model with SAt'-i1)AG of what a redeveloped corridor might look like,
Funding and pursuit of an Urban Land Institute CULl) Advisory Services Program for the
corridor remains on hold per Council/CYRC direction in October 2008, Subsequent to
Climate lvIeasures Implementation
12.Month Progress Report (August 2009)
12 of 21
19-18
complethlg work on the E St. TF A, staff will return with a revised proposal for
accomplishing the H Street Study subject to future funding availability.
A 3-D visual simulation of the Corridor was completed in June 2009 by SANDAG and their
consultant per the approved grant. .Although originally projected for completion in
NovemberlDecember 2008, staff agreed to a request by Sll..l'-iTIAG to switch scheduling
slots with another jlli-l.scliction. Change in the schedule was not problematic considering the
postponement of the above UU work. Staff is awaiting S;\.!."ffiAG's formal publication of
the simulation before releasing it on the City's website.
Southwest SDecific Plan(s)
Staff recently completed a series of Design Workshops covering the following three areas:
Palomar Gateway/West Fairfield, Main Street, and South Third Ave./South Broadway. The
respective workshops were held July 11, 25, and August 1, 2009. Sta...ff is currently
preparing a surnrnary report on the workshops' outcome.s and will forward the report and an
accompanying Information Memorandlli"TI to Council in September 2009.
In April 2009, the City was informed of our successful application and grant award of
$400,000 under SAi'-iTIAG's Smart Growth Improvement Program to prepare a Specific
Plan and related EIR for the Palomar Gateway area. Staff is currently working with
Slu'-iTIAG in preparation of related grant agreements and a more detailed work program a11d
anticipates br'illging the agreement, work program, and a related budget appropriations item
to the City Council in September 2009.
Other Related Re2:ional Efforts
This implementation plan component consists of two initiatives: the 1-5 Corridor Study with
SANDAG and Caltrans, and funding to accomplish grade separation of the trolley line at E
and H Streets.
The City received notification from Caltrans in early Janua...ry 2009 of Federal Highway
Administration authorization to proceed with the Study. SANDAG and their consultant
initiated work in April 2009 and anticipate submitting final documents by December 2010.
Most recently, a project team meeting was held in July 2009 to review and nfu-row proposed
altematives to be stuclied.
Regarding trolley grade separation fundi.ng, staff will continue to work with S.ANDAG and
others to identiJ."y and seek grant funding, h-1Ciuding pfu--ricipation in the CPUe's ongoing
grant programs.
Next Steps
The City will continue to seek additional funding assistance to implement the pl2.DI1ing
efforts for the E St. TF A properties. As part of those planning effortS, staff will conthlue to
evaluate whether any changes to UCSP zoning standards are warrfulted to promote
development of the E St. ITA.
Staff w'Jl continue to await further direction from the City Manager/Council regarding
commencing the H Street Corridor Study. With regard to Southwest Specific Planning,
staff will forward a SUnl.lllfu~ of outcomes from the three Design WorkshoDs to Council in
- ~.
Climate Measures Implementation
12-Monro Progress Repan (August 2009)
13 of 21
19-19
September 2009, and currently anticipates bTh'1ging a contract accepting the SMTIAG
grant, along with a work program for the Palomar Gateway Specific Plan and EIR, to
Council in September 2009. Begi.,'1ning in August of 2009, staff will begin scheduling a
series of periodic briefmgs and public outreach meetings as various project milestones~ of
the 1-5 Corridor Study are reached.- Staff will continue to seek additional funding for the E
and H Street trolley grade separations.
!VillASURE #7 - TURF LAWN CONVERSION PROGR<\..lYI
Overview
Because water movement and treatment requires a large amount of energy and subsequently
is a major contributor to greenhouse gas emissions, Measure #7 is intended to help residents
and businesses replace ru..-f lawn areas with "xeriscape" or "WaterS mart" landscaping.
These landscape types are diverse, colorful, and attractive incorporating low maintenance
and water-wise design features. Specifically, the program's components include (1)
continuation and expansion of the NatureScape program to promote water conserving and
nature-f,:iendly landscaping, (2) coupling of residential and business turf lawn replacement
with the solar conversion aggregation block process (Measure #5), (3) converting select
municipal facilities to low water use plantings and irrigation, and (4) updating various
municipal landscape regulations and guidelines to comply with new srate requirements and
further promote outdoor water use efficiency.
Status
The Conservation and Environmental Services Department continues to implement its
community-based NatureScape program which promotes nature-friendly landscaping by
educating residents and businesses through free on-site assessments of t'leir properties to
evaluate wildlife- friendlv and water-conserving features. City staff also educates
- ~ "
participants about possible water-saving improvements and available incentives and rebates,
when applicable. Properties which successfully meet the program's requirements are
certified through the National Wildlife Federation's "Backyard Wildlife Habitat" program
and receive an aluminum yard sign and certificate. To date, staff has performed on-site
assessments for property owners and established approximately 200 NatureScape yards
through the program's current limited funding source.
In coordination 'With Otay Water District and Sweetwater Authority, staff has begun drafting
new outdoor water conservation guidelines in response to the revised Model Landscape
Ordinance from the California Department of Water Resources (DWR). The Model
Landscape Ordinance outlines new water-conserving landscape design criteria which local
governments will be required to adopt by January 1,2010. The ordinance would generally
apply to landscaping for all new developments with total project landscape areas equal to or
greater than 2,500 ftl and to re-landscaping of some existing properties (certain property
rypes are exempt), and would base design thresholds on a maximum water allowance.
Both the community and municipal turf conversion programs aim to replace turf la'WTI areas
with water-saving plants and irrigation systems. Besides reducing carbon emissions
through reduced water consumption, t'le re-landscaped areas would help lower monthly
utility costs and lfu'1dscape maintenance costs. Currently, there is no available funding for
Climate Measures Implementation
12-Month Progress Report (August 2009)
19-20
14 of 21
either turf conversion program, so implementation has been limited. However, si:aJ.'f has
worked to reduce outdoor water use through low-cost upgrades to landscape irrigation
systems. in the community, the Conservation & Environmental Services Department is
distributing over 360 water-saving hose spray nozzles to residents participating in the
NatureScape program. At mUJilcipal facilities, staff has installed 1,500 rotating spray
nozzles at municipal parks which decrease water consumption by at least 20% compared to
conventional pop-up spray heads.
Next Steps
City staff will continue, as funding permits, to enroll property owners in the Chula Vista
NatureScape program and certify their yards and gardens through the National Wildlife
Federation. Staff will also present to City Council updated outdoor water conservation
guidelines for review and consideration in November 2009. The updated regulations, which
'Will become effective on January 1 s" will strongly emphasize additional outdoor water
savings by further minimizing ru..rf lawn areas, using water-wise plant types, and installing
weather-based and low-water inigati()n systems. Additionally, a turf conversion program
will be incorporated into the launch of the Home Upgrade, Carbon Downgrade program in
January 2010.
Sta.c'f would also propose working with the Otay Water District and the City's master
developers to develop a draft ordinance for Council's review that requires residential
landscape standards that incorporate a combination of WaterSmart a..'1d artificial turf design
options. City and Water Agency staff believes that the combination of an updated
ordinance that reflects local water supply concerns by discouraging the use of water-thirsty
m..f and promoting the aesthetic and operational benefits of WaterSmart landscapes could
help stimulate local demand by developers and consumers.
J:MPLEMENTATION FINANCING
Because staff has already secured almost $400,000 in funds for initial implementation, the
new measures' full implementation costs (revised amount) are now estimated at $2,407,500
and $1.990,000 in one-time and annual costs, respectively (Table 1). in the Council-
approved implementation plans, staff outlined various financing options to support full
implementation of the new climate protection measures. Over the past 12 months, staff has
pursued these options and worked with the Mayor's Office and the Energy Sub-committee
to more precisely outline the regulatory process and tilileline required to establish the
resource and implement the necessary next steps.
SDG&E Local Governmenr Partnership
Since 2006 Chula Vista and San Diego Gas & Electric (SDG&E) have been jointly
implementing programs to reduce energy consumption at municipal facilities ana in the
commuluty through their Local Government Pa..rtnership. The funding is provided through a .
California Public Utilities Commission-sponsored "Public Goods Charge", which is a
monthly utility bill surcharge on energy consumed by every customer in SDG&E's territory.
Climate Measures implementation
12'Montb Progress Report (August 2009)
150f21
19-21
Table 1: Revised implementation cost estimates for the Council-approved climate measures
Admin.
Emissions T,acking &
Reporting
100% Clean Vehicle
Replacement Policy for City
Fleet
2
100% Clean Vehicle
Replacement Policy for City-
Cont,acted Fleet Services
Track progress in reducing carbon emissions through
lelEI and California Climate Action Registry program
part.icipation
$95,000
Replace vehicles through the purchase or lease of
alternative fuel and hybrid vehicles
$0
$160,000
Work with current and future vendors to include a
"Clean Vehicle" replacement policy into the bid and
contracting process
3
Through an ordinance addition, encourage businesses
Business Energy Assessments to participate in a no cost assessment as part of the
business licensing process
$325,000
4
Green Building Standard
5
Solar & Energy Efficiency
Conversion"
Through a building code revision, require new and
renovated buildings to increase their energy efficiency
and meet statewide green building standards
$650,000
Provide a cost-effectve, streamlined mechanism for
property owners to implement solar and energy
efficiency upgrades and create a municipal code
requiring pre-wiring for solar electric systems
$0
$350,000
6
Smart Growth Around Trolley Implement the 'smart growth' design principles outlined
Stations..... in municipal planning documents
7
Outdoor Water
Conservation........
Provide a cost effective, streamlined mechanism for
installing water saving plants at private/public sites and
create new municipal landscape regulations
$410,000
$1,990,000
" In addition to annual costs presented, implementation of measure #5 would require issuance of a public bond, paid back by the property-owners
receiving the services, to cover upfront capital costs for solar and energy efficiency upgrades
..... The Ciry has already secured approximately $2 million for related regional smart growth efforts such as the 1-5 Corridor Study
-- One-time costs for measure #7 include" 51,500,000 for Municipal Facilities Turf Conversion CIP
^ The City has funded some one-time costs through grants/other external sources and by redirecting existing staff time to implement measures.
As part of its 2009-2011 Energy Efficiency Program Portfolio (EEPP), San Diego Gas &
Electric has included $4.6 million (3-year total) to continue the Chu1a Vist2/SDG&E
Pa.rmership. The EEPP is reviewed and ultimately approved by the California Public
Utilities Commission which has notified SDG&E that there will be delays in approving the
new EEPP. As a result, the new Chula Vist2/SDG&E Partnership's funding will most likely
be delayed until January 2010. In the meantime, SDG&E is providing $91,968 in monthly
"bridge funding" to the City until the new funding is approved.
The 2009-2011 Chula VistalSDG&E pa,,-tnership funds will allow continued partial
implementation of Measures #3, 4 and 5. While the Partnership is providing critical current
funding for these measures, there are restrictions on how the funds are used (such as no
Climate Measures Implementation
l2-Month Progress Report (August 2009)
19-22
160f21
capital improvement expenditures) and there is no guaraIltee of future funding availability
making long-term program implementation unreliable.
Energy Franchise Fees
Currently, the City collects a fraIJ.cmse fee of 1.25% and 2.00% of cityv,ide electricity and
natural gas sales, respectively, -regardless of energy provider. An increase of I % in both
electricity (adjusted rate = 2.2j'Yo) and natural gas (adjusted rate = 3.00%) fees would
generate approximately $2..2. million in additional revenue and meet 100% of the ongoing
funding needs for climate protection measures implementation. For reference, the City of
San Diego's rate lS clli-rently set at 6.88% for electricity sales and 2.03% for natural gas
sales and includes a surcharge dedicated to funding utility line under-grounding projects.
Because franchise fees are based on each individual ratepayer's consumption level, it also
helps promote energy conservation in the corrununity by rewarding ratepayers who cODSume
less energy with lower fee amounts. Finally, the new revenue generated will likely increase
in the future as energy prices rise due to inflatIon and other market forces.
Staff presented the initial concept of a franchise fee surcharge to SDG&E in 2007 and a
formal request in 2008 with the concept that the resource would fund the City's climate
protection program and any remaining annual funds would be dedicated to local under-
grounding projects. As part of the formal request, staff presented the Franchise Fee lncrease
Analysis (Appendix A) to SDG&E which was also previously presented to City Cou..'1cil.
The analysis estinJ.ates the amount of revenue that would be available to invest ill energy
efficiency and climate change mitigation for each incremental h"'J.crease in the franchise fee
surcharge and its potential corresponding impact to ratepayers. Staff and Council have
continued to work through SDG&E's issues as part of a regularly scheduled corrununication
regarding franchise issues. Staff believes that the franchise fee increase is one of the best
opportunities available currently to secure a long-term funding source to invest in the new
climate measures' implementation which complement the City broader sustainability goals
and other statewide climate change and energy initiatives. Staff anticipates completing the
negotiation process with SDG&E in the ne);.L few months and presenting a revised franchise
fee rale to City Council for review and consideration in January 20 I O. Once the surcharge
is defmed and reviewed by Council, the proposed surcharge may need to be vetted through a
Proposition 218 review for further public review and consideration.
Local Fee Authoriry
A local fee authority has been gramed in ilie past by ilie State legislature to enable local
goverrunents to fund environmental programs and services. For example, Chula Vista
received fee authority under Assembly Bill 939 (Integrated Waste Management Act of
! 989) to f"'"'J.d the development and iTnplementation of ill\llljcipal solid waste, recyclh"'J.g and
household hazardous waste programs to meet state-mandated landfill diversion goals and
local reporting requirements. Similar to ilie energy franchise fee, a local fee authority
would ful1d the costs for conducting GHG inventories, reporth"'J.g to the Climate Registry
(and eventually the California pir Resources Board), and provide direct service programs to
residents and bush"'J.ess. Staff has designed the investment of tlils potential new resource in
order to promote participation in conservation efforts by rewarding resldents and businesses
who consume less resources (and have lower carbon emissions) with actions that lower ilieir
monthly operating costs.
Climate Measures Implementation
12-Month Progress Report (August 2009)
17 of2.1
19-23
The City has continued discussions with staff members from various State representatives'
offices to assess interest in supporting fee authority legislation. Generally, most state
representatives' staff members were supportive of local greenhouse gas emissions reduction
efforts and recognized the need for a reliable, long-term funding source. Staff will be
working directly with Chula Vi~ta' s State representatives to draft the specific bill language
over the next 3 months. Dependent on the legislation, a local fee authority may also need to
be vetted through a Proposition 218 review process for fulmer public review fu"'1d
consideration.
Building Permit Fees
Development fees could be increased to. cover the additional costs associated with
implementing a citywide, mfu"'1datory green building standard (Measure #4). The extra costs
are attributed to the need for enhanced staff training on energy efficiency, renewable energy
and sustainable building technologies, and for expanded permitting and inspection services.
Recent discussions with the California Energy Commission, the San Diego Electrical
Training Center and statewide contractors suggest that municipal permit review and
inspection is the most critical missing component in ensuring that energy efficiency
standards are properly implemented and that the consumer receives the benefit of their
investment. It is estimated that approximately 70% of energy efficiency products that are
not inspected by the City and/or a third-party process are not properly installed and do not
deliver their full benefit.
The Finance Department is currently finalizing a Master Fee Study assessing the revenue
needed to fully fund the City's broader development-related services. As part of this study,
the City will be able to specifically assess the additional costs trom a mandatory green
building program and revise the fee schedule as needed. It should be noted that permit fees
are directly linked to development levels and may not provide a consistent, long-term
funding source for the program. Staff anticipates presenting the Master Fee Study's results
to City Council in December 2009 for review and consideration.
Bonds
A public bond issued by the City and secured through a voluntary AB811 properry tax,
franchise fees, or local fee authority surcharges could quickly provide large, upfrom capital
improvement funds required to implement some of the seven measures. The bonds could
have two specific applications: (I) provide capital funds for energy efficiency and solar
retrofits for participating residential and small business facilities (part of Measure #5 or the
Home Upgrade, Carbon Downgrade program) and (2) provide funds for public purpose
clli-nate-related programs' such as municipal renewable energy installations, altemative fuel
fleet improvements, public alternative fueling stations, and turf conversions.
Under application #1, participath'"lg property owners would elect to be pa,-( of a special
assessment district and their increased property fees would be applied to the bond's debt
service (i.e. property-secured financing). As previously mentioned, staff is working with
the California Statewide Communities Development Authority (CSCDA) who is developh"'1g
a statewide bond issuance which Chula Vista and other member agencies could utilize.
Staff is also exploring the use of private equity financing to initially launch the property-
secured home performance retrofit program, if CSCDA funding is delayed.
Climate rvleasures Implementation
12-Month Progress Report (August 2009)
180f21
19-24
Under application #2, all Chula Vista property owners would vote in a general election
whether to authorize a municipal bond issuance. The general municipal bond would allow
the City to make significant investments in public plupose projects which would reduce
carbon emissions. City staff has investigated the process and nuances of bond issuances for
cli..'llate protection measures implementation and has met with representatives from private
fmancing institutions and consultant groups on how to structure public bonds. For
municipal facility retrofits, the Finance Department and. Conservation & Environmental
. Services Depa.,:iment are currently working with CleanTECH San Diego in obt2.iring
authorization from the Internal Revenue Service to issue Certified Renewable Energy Bonds
(CREBs) in the future. CREBs are tax credit bonds which can be used to fund local
governments' renewable energy projects such as solar and wind. Because tax credits are a
significant benefit to bondholders, the interest rates typically result in lower financing costs
for the issuer. The bond's debt service is repaid over a I5-year period through the
renewable energy projects' resulting energy cost savings. Staff is also investigating the use
of Qualified Energy Conservation Bonds (QECBs) which fmance energy efficiency
improvements at mlli-llcipal facilities and possibly in the COIlli.liunity. Similar to CREBs,
QECBs are low-interest tax credit bonds which local governments can issue and repay
through the resulting energy cost savings. As outlined in the Council-approved
implementation plans, staff has tentatively scheduled a public bond vote for June 2010.
Grants
City staff have been tracking and soliciting potential grant funding from a variety of
government agencies. In May 2009 (two months before the deadline), staff submitted its
proposed project list for the City's federal Energy Efficiency & Conservation Block Grant
allocation (EECBG) totaling SI,974,300. The EECBG funds, which are expected to be
received in September 2009, will be used to install a new biodiesel fuel tank at the Public
Works Corp Yard (Measure # 1), expand on-site municipal solar power generation (M:easure
#5), fu"l.d provide hlce:iJ.tives and a community revolving loan program for home performance
retrofits (Measures #5 and #7).
On July 21, 2009 City COli..'lcil authorized t.l-je submittal of an application to t..'1e US
Environmental Protection Agency in response to its Climate Showcase Communities grant
solicitation. The proposed project would focus on retrofitting at least two resldential areas
to serve as a living showcase for a "Carbon-Light Nelghborilood'-' In partnersillp with
community groups, labor organizations, education districts, and water ;md energy utilines,
Chula Vista would select approximately 50 existh'lg homes to upgrade with energy
efficiency) "vater conservatioil1 and rene'.,vabie energy i..mprovements. Tnese building
upgrades will be further complemented by neighborhood infrastructure improvements such
as t..'le install"tion of highly-efficient SLreet lighting technolOgies and tile planting of shade
trees. The Carbon-Light Neighborhoods would provide a powerful showcase and marketing
tool that will promote the launch of the cityWide Home Upgrade, Carbon Downgrade
progrfuil.
At the State and regional level, the City will contmue to access the jow interest loan
program from the Califomi" Energv COIlliuission to facilitate the installation of energy
~ '-' ~.)
efficient and renewable energy teco,'lologies at municipal facilities. The 10ill'l program
provides the capital needed for the energy technology improvements md the resulting
energy cost savings are used to repay the debt serv'ice. RecentlYl the CEC lo'.,vered its loan
Climate Measures Implementation
12-J\lontD. P~ogress Report (August 2009)
190f21
19-25
program's interest rate to 1 % improving its cost competitiveness to other fInancing options.
The City also plans to take advantage of the CPUC-approved "On Bill Financing Program"
provided through SDG&E. The program offers no interest fInancing for projects with a
value of less than $250,000 that produce cost effective energy savings and can be recovered
in ten years or less.
The federal and state grant opportunities outlined above could provide partial funding for
Measures #1, 3, 4, 5, and 7. While these resources would help implement these measures,
the funds would be most applicable for one-time costs and . capital improvement
expenditures due to their short-term nature. Staff will continue to package these programs
with rebates and bulk purchasing to produce the cost effective projects, prompt General
Fund savings, and ma.ximum carbon equivalent reductions.
City staff will continue to implement the Council-approved climate protection measures and
to further the City's progress in creating tangible carbon reductions. One of the greatest
challenges to facilitating further municipal and co=unity-wide carbon reductions will be
to establish a secure long-term funding .source to ensure that the progress and momentum
regained over the past two years continues until the City's enviro=ental and economic
sustainability goals are achieved.
Climate Measures Implementation
12-Momh Progress Report (August 2009)
19-26
20 of 21
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Icustomer Impact Examples & Revenue Increases
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ELECTRICITY
NATURAL GAS
BASELINE
FRANCHISE FEE
FRANCHISE FEE
INCREASE AMOUN"I S
(for both Elec. B. rJG)
Eslllnated Cosl'
Monlllly fhlseline (Tllerrns)
Monthly Use (Ttlerrns)
Esllmated CosiO
Estimated Tolal Cost
I No Change"
(Elec - 1. lU%; NG - 1.00%)
0.50%
0.75%
1.00%
1.25%
1.50%
1.75%
200%
500
$"'8.39
15
50
$69.35
$147.74
$1.56
$3.1"[
$3.47
$3.64
$4.21
$4.58
$4.95
$5.32
'j,l
i1ifijlgi~
W.ffii9l'l~
g*~$?(f36Y~
@lI$3!o~R~
\1iJji'jT41ill'll
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ll.ii~$6H31;~
~6IBii1i.'ll
jW:~$?r~5tti;1
$657,08026
$985,620.39
$1,314,160.52
$1,642,700,65
$1,971,240,78
$2,299,780.91
$2,628,321.04
--1
I
20061
I
Updated: December 5,
$459,200,74
$688,801.11
$918,401.48
$1,148,001.85
$1,377,802.22
$1,607,202.59
$1,836,802.96
$1116,281.00
$1,674,421.50
$2,232,562.00
$2,7\J0,70250
$3,348,843.00
$3;906,983.50
$4,465,124.00
I
"[Iasellne Franchise Feu values ale derived rlOm what Chula Vista customels are actually paying, not the lee rate (1.25% Elec., 2% NG) articulated In the SDG&E MOU Chula VIsta cllstomers I'
are cllrrlJlllly paying the SOG&E tellito(y-wide f(]e of 1.1% (Elec.} and 1% (NG) except for non.t;DG&E supplleu energy.
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ATTACHMENTB
CITY OF
CHULA VISTA
CLIM.ATE CRANGE WORKING GROUP MEASURES
IMPLEMENTATION PLANS
July 2008 (Revised)
SUMivIARY
In May 2007 staff reported to City Council that Chu1a Vista's citywide greenhouse gas emissions
had increased by 35% (mainly due to residential growth) from 1990 to 2005, while emissions on
a per capita basis and from municipal operations decreased by 17% and 18%, respectively. As a
result, the City Council directed staff to convene a Climate Change Working Group (CCWG) to
develop recommendations to reduce the community's greenhouse gas emissions or "carbon
footprint'. in order to meet the City's 20 I 0 greenhouse gas emissions reduction targets. The
CCWG - comprised of residential, business and community-group representatives - selected
seven measures which City Council adopted on April 1,2008. This report outlines City staffs
strategy (summarized in Table I) to implement the measures and includes an analysis of each
measure's fundmg needs, financing options, timeiine and performance criteria:
Table 1: Summary of proposed climate-related programs and their estimated implementation costs
Track progress in reducmg carbon emissions through
Administration Emissions Tracking & Reporting \CLEI and California Climate Action Registry program $93.300
participation
100% Clean Vehicle Replacement Replace vehicles through the purchase or lease of $350,000 $160,000
Policy for City Fleet alternative fuel and hybrld vehIcles
100% Clean Vehicle Replacement Work with current and future vendors to include a "Clean
2 Policy for City-Contracted Fleet Vehicle" replacement policy into the bid and contracting $43,000 $144,000
Services process
Through an ordinance addition, encourage businesses to
3 Business Energy Assessments participate in a no cost assessment as part of the $321,401
business licensing process
Through a building code revision, require new and
4 Green Building Standard renovated buildings to increase their energy efficiency S235,000 5647,500
and meet statewide green building standards
Provide a cosl-effectve, streamlined mechanism for
5 Solar & Energy ~fficiency property owners to implement solar and energy efficiency $75,000 S347,801
Conversion. upgrades and create a municipal code requiring pre-
wiring for solar electric systems
6 Smart Growth Around Trolley Implement the 'smart growth' design principles outlined in S620,000
Stations" municipal planning documents
Provide a cost effective, streamlined mechanism for
7 Outdoor Water Conservation installing water saving plants at private/public sites and $156,380 $705,150
create new municipallandsca~e regulations
TOTAL 51,479,380
52,419,152
. In addition to annual costs presented, implementation of measure #5 would require issuance of a public bond to cover upfront capital costs for
solar and energy efficiency upgrades
.... The City has already secured approximately S20.3 million for related regional smart growth efforts such as the 1-5 Corridor Study and the
Trolley Grade Separations (E SI. & H St.)
CCWG Implementation Plans (As Adopted by City Council) I of 58
July I, 2008
19-28
OVERVIEW
Since the early 1990s, Chula Vista has been engaged in multiple climate change forums.
including t'1e United Nations Framework Convention on Climate Change, the ICLEI Cities for
Clh'Tlate Protection campaign and the U.S. Conference of Mayor's Climate Protection Agreement
and has pledged to reduce its greenhouse gas (GHG) emissions or "carbon footprint" 20% below
1990 levels by 2010. To accomplish this carbon reduction goal, the City adopted a Carbon
Dioxide (C02) Reduction Plan in 2000 which outlined steps for Chula Vista to reduce energy
consumption, promote alternative transportation and design transit-friendly, walkable
communities.
Recently, staff conducted a GHG emissions inventory for 2005 to evaluate the City's progress in
reaching iTS emissions goals. The 2005 inventory indicated that Chula Vista's annual citywide
GHG levels had increased by 35% since] 990 due prh'Tlarily to residential grov<>th. During the
same period, the City did make significant progress in reducing alli-mal per capita emissions by
17% and avoiding nearly 200,000 tons of GHG emissions alli-mally. In addition, GHG emissions
from municipal sources decreased by 18% mainly due to traffic signal energy-efficiency
improvements. As a result of the :2005 Greenhouse Gas Emissions Inventory Report, h'1e City
Council directed staff to convene a Climate Change Working Group (CCWG) to develop
recommendations to reduce h'1e community's greenhouse gas emisslons or "carbon footprint" in
order to meet the City's 2010 greenhouse gas emissions reduction targets.
Tne CCWG - comprised of residential, business and community-group representatives
reviewed over 90 possible carbon-reducing measures from July 2007 through March 2008. The
group evaluated these measures based on five primary. criteria: I) the measure had been
previously implemented successfully by an ICLEI local goverlli'Tlent or California Climate
Action Registry business, 2) the measure would be fmfu'1cially feasible (i.e. require little or no
additional General Fund support), 3) the measure could be quickly implemented to have
h'Tlmediate impact on the City's efforts to reduce emissions by 2010, 4) h'1e measure's impacts
could be quantified using the City's emissions inventory protocol and 5) h'1e measure would not
cause a significant adverse community impact. From this analysis, the CCWG selected seven
measures (see Table 1) to recommend to City Council. Council adopted all the measures on
Aprill, 2008.
This document outlines h1e City's general strategy for implementing the seven measures, for
fmancing tbeir further design and implementation and for tracking h'1e resulting emissions
reductions at municipal operations and citywide scales. 1'1 addition, each measure's specific
implementation plan provides further clarification and includes the following sections:
Overview - A review of the original CCWG recommendation and bow it relates to h'1e
proposed program/policy
Program Strategy - An in-depth deSCrIPtion of the programmatic approacb for
implementing the proposed program/policy h'1cluding outreach activities and required
municipal code or regulatory steps
Pelformance Metrics - The metrics which will be tracked and reported to quantify h1e
performance of the program/policy and its impact on GHG emissions
CCWG Implementation Plans (As Adopted by City Council)
July 1,2008
2 of 58
19-29
Timeline - A general timeline of iInportant milestones as the program/policy IS
huplemented
Budget & Financing
proposed by City staff
The required funding to imDlement the program/policy as
STAKEHOLDER OUTREACH
Since City Council approved the Climate Change Working Group's recommendations Oil April
L 2008, staff has met with a variety of additIonal community and stakeholder groups. These
meetings were designed to allow interested panies an opponunity to provide feedback on ~1e
development and implementation of the seven Council-approved measures. Stakeholder groups
included:
Buildh'1g Owners & Managecs Association
Board of Appeals & Advisors
Brehm Communities
Building Industry Association (Green
Buildmg Task Force)
Chula Vista ChaInber of Comnlerce
(Policy Committee & Board of Directors)
Chula Vista Redeveiopment Corporation
Community Housi.ng V./orks
Corky McMillan Companies
Crossroads II
Design Review COlmnittee
Interagency Vlater Task Force
Jackson Pendo Development Co.
National Association of Industrial &
Office Properbes (L~gislative Affairs
Corrill11ttee)
Northwest Civic Association
CCWG lInplementation Plans (As Adopted by City Council)
July l, 2008
Otay Ranch Company
Otay Water Disrrict
Pacific Southwest Association of Realtors
Pacifica
Plarming Corrunission
Pro Tee Building Services
Redevelopment Advisory Committee
ResouTce Conservation COIT'.Jillssjon
San Diego County P,partment ,A,.ssociation
South County Economic Development
Council (TraIlsponation Committee)
Sunrise Rotfu; Club
Suntrek Industries
Sweetwater Authoritv
Third Avenue Village Association (Design
CommIttee)
3 of 58
19-30
MEASURE #1: HIGH EFFICIENCY OR ALTERNATIVE FUEL
REPLACEMENT VEmCLES FOR THE CITY FLEET
OVERVIEW
RecoITh'1lendation # 1 of the Climate Change Working Group states that the City Council should
"require that 100% of the replacement vehicles purchased for the municipal fleet be high
efficiency (hybrid) or alternative fuel vehicles (AFVs)." Factors such as the appropriateness fur
the vehicle task, fueling infrastructure, petroleum displacement, and the overall cost and
environHlental benefit must be considered in implementing this recommendation. Although the
iniLial costs for each replacement vehicle could be higher than a conventional replacement fuel
savings may offset this initial price difference (ranging between $5,000 for small sedans to
$70,000 for heavy-duty trucks) over the vehicle's lifetime. Some alternative fuels may also be
less expensive than conventional fuels on a price per gallon and price per gasoline-gallon
equivalent.
There are many fuel alternatives available, and each fuel or technology has positives and
negatives associated with it For example, ethanol is more readily available commercially than
some other fuels, but ethanol requires more energy to produce it than it delivers when burned.
Also, the ethanol production process generates greenhouse gases and ethanol production may be
partially responsible for food shortages that are currently driving up the cost and availabiliTy of
food. Finally, ethanol fuel has special storage and handling requirements that the CiTy is not
currently capable of meeting.
Hybrid vehicles use less fuel than regular gasoline vehicles, which results in lower exhaust
emissions per mile driven. One negative factor is that hybrid vehicles rely on batteries for part of
their motive power, and those batteries pose an additional maintenance expense and disposal
Issue. Hybrid vehicles are also more expensive to purchase than regular gasoline powered
vehicles. Therefore, the City is investigating the possibility of leasing hybrid vehicles to avoid
the upfront capital costs and hedge against the resale value of these vehicles as it is unclear what
the resale market for hybrid vehicles will be in five or ren years.
Vehicles that operate on compressed natural gas (CNG) are less readily available for purchase
than hybrids or ethanol fuel vehicles, and there is very little fueling infrastructure in place.
While no .A.n1erican auto manufacturer builds a light-duty vehicle powered by CNG, Honda has
released a commercially-available Civic which uses CNG. The City operates its own CNG fuel
facility at the Public Works Corp Yard (PWC), but the dispensing capacity is not sufficient for
large-scale fueling operations. The cost to up-grade the facility would be several hundred
thousand dollars. Another factor miligating against purchasing or using CNG powered vehicles
is that the resale value of such vehicles could be low.
Biodiese! is a good alternative to regular diesel fueL The fuel is created by mixL'1g vegetable fats
from a variety of sources with low sulphur diesel fuel in ratios of up w l:5 to form B20 biodiesel
fueL The fuel can be used: in most cases, without modification to existing engines, as long as
certain operating precautions are followed. At present, it will be necessary to increase fuet
storage tank capacity at the Public Works Corp Yard to accommodate biodieseL The ideal
capacity would be 10,000 gallons for each fuel type.
CCWG Implementation Plans (As Adopted by City Council)
July 1,2008
4 of 58
19-31
l!vIPLEMENT A TION
Implementation of this policy will require a multi-faceted approach. Each alternative fuel or
high efficiency technology has issues that must be considered, such as the carbon footprint of
one type of fuel versus another, or e},.'traneous environmental issues or ullintended consequences
l1at will arise, as a result of actions taken in support of this implementation plan. The tlli-ee
implementation approaches are:
(I) The Fleet Management Division will replace cars and light-duty trucks with high
efficiency, alternative fuel or ultra-low emissions vehicles as the existing City vehicles
become due for replacement, with careful consideration for the total cost to the Vehicle
Replacement Fund, and ensuring that replacement vehicles are appropriate for their
intended use. This iterative process will take approximately ten (10) years to fully
replace existing light-duty vehicles with alternative fuel or hybrid substirutes. Le2.sing
vehicles (inste2.d of purchasing) may require a smaller initial capital outlay, shorten the
implementation tiDle and provide greater flexibility to transition to future alternative fuel
or hybrid options.
(2) The existing diesel-fueled vehicles in the City fleet will be converted to opemte on
B20 biodiesel. 111is step can be implemented as soon 2.S fuel storage tank cap2.city is
addressed, since there is insufficient fuel stor2.ge capacity cuuemly available at the Public
Works Corp Yard.
(3) For heavy-duty trucks for which no adequate alternative fuel or high efficiency
technology cuuently exists, the City will wait to include these vehicle tvpes in the fieet
clean vehicle replacement process. It is unknown at this time what or when techIlology
will become available in the coming years to convert tbese vehicles to alternate fueis. in
addition, hybrid heavy-duty trucks are not financially viable at this time. Economies of
scale should cause the incremental price difference to drop dra,.-naticaily in the near future
as more truck manufacturers offer hybrid or alternative fuel options.
An important consideration in the implementation of this policy is to avoid a large commitment
to any pa.:.-ricular alternative fuel or technology, until it becomes clearer what fuel or tecllilolog:l'"
will be the "fuel of the future" for reasons of environrnental benefit, availability and reasonable
cost. It may very well be that hydrogen fuel is financially feasible and readily available '"vithm
ten years, though it is not feasible now. Whatever the ideal or best fuel or teclli,ology may be, a
large investment by the City in a different fuel or technology would deJay migrating to the most
preferred fuel or technology in the future. Although beyond the scope of this inlplementation
plan, the City may need to consider other policy options (such as video teleconferencing by City'
employees) to also help reduce vehicle usage and the resulting greellilouse gas emissions.
PERFORlyIA''1CE lYlliTRICS
The new policy's performance will be measured compared to a baseiine by the foilowing
metrics: number of hybrid vehicles 1.11 the City fleet, number of other alternative fuel vehicles in
the City fleet, number of ultra row emissions vehicles (as defined by the federal and State EP A)
in the City fleet, number of gallons of fuel used (by type), average fuel economy for l\-]e City
fleet (by class of vehicle) and the reduction in greenhouse gases emitted by City vehicles.
CCWG Implementation Plans (As Adopted by City Council)
July 1,2008
5 of 58
19-:-32
TTIYIELINE
The timeline (summarized below) is based upon the basic fleet replacement schedule, and uses
the replacement guidelic,es contained t'1erein, modified to reflect current economic conditions. It
will take approximately ten (10) years t9 completely replace the fleet's car and light-duty truck
vehicles wit'1 hybrid or alternative fuel substitutes. Diesel-powered, heavy-duty vehicles will
begin converting to biodiesel once the pertinent infrastructure is installed. More detailed
information regarding the municipal fleet replacement schedule (Appendix A) is also included as
a reference in this document. The schedule assumes the availability of hybrid or alternative fuel
vehicles when vehicle replacement is planned although currently there are not options for all
vehicle types. It is anticipated that availability will improve rapidly in t'1e ne),.'! few years. In
addition, the schedule does not include police patrol sedans nor special assignment undercover
investigation vehicles. Although police sedans having Flex Fuel capabilities (i.e. able to use
gasoline or ethanol) will be available in 2009, ethanol will not be used as an alternative fuel for
reasons previously mentioned.
CCWG M~SURE #1: HIGH EFFICIENCY & AL TERNATIVE
FUEL REPLACEMENT VEHICLES FOR CITY FLEET
Implementation Timeline
PROGRAM MILESTONES
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For some off-road construction and maintenance equipment~ it will be ffifujy years before t.'1ese
vehicle and equipment ciasses are replaced cn the Beet with newer, less polluting substitutes.
However, for some high usage equipment ciasses (such as rioing lawn mowers and se'Arei
cleaning trucks), they could be replaced within a relatively short period of time (possibly within
six years). In both cases, it is highly lli,likely ",'Jat hybrids or alternative fuel replacement options
will be available for those equipment types in the near future. In the interim, diesel-powered
equipment will be operated on B20 biodiesel, as soon as t'1e fuel storage capacity issue is
addressed.
CCWG Implementation Plans (As Adopted by City Council)
July 1,2008
6 of 5 g
19-33
BUDGET & FmAt'<CING
Over the ten years during which vehicles and equipment will be replaced with hybrid and/or
alternative fuel substitutes, the cost difference between purchasing "clean" vehicles and regular
gasolh'1e/diesel vehicles is estimated -to be $1.6 million (averaging $160,000 a.'lI1ually). In
addition, approximately $350,000 -will be required to install tanks to provide biodiesel fueling
opportunities. Appendix B (attached) outlines the incremental cost difference each year. It is
expected that incremental pricing will decline over time as the technology becomes more
widespread and more hybrid models become available for purchase. The program's budget is
outlined below:
CCWG #1 - Clean Vehicle Replacements for City Fleet - Budget
A.FV/Hybrid Replacement Premium
$160,000
Biadiesel Fuel Tanks
$360,000
TOTAL $350,000
$160,000
The Vehicle Replacement Flmd will need to be adjusted beginning this year, to ensure that
sufficient funds are available to implement measure #1. At present, the Vehicle Replacement
Fund is under-funded and currently only has a fund bala.'1ce of approximately $950,000. Charges
to vehicle user departments must be adjusted to reflect the higher purchase prices that will be
experienced as hybrid or alternative fuel vehicles are assimilated into the fleet. This will have a
negative impact on the General Furld, since the majority of fleet vehicles are operated by General
Fund departments. Projections for the next two or three fiscal years show that there wili not be a
large number of hybrjd vehicles brought into the fleet, b2.sed upon recently revised vehIcle
replacement schedules. Therefore, the immediate impact on the Vehicle Replacement Fund will
not be significa.,t, Fu.rthermore, municipal fuel cost savings (estimated at $306,277 over] 0
years based on current fuel prices) from incorporating alternative fuel and higher efficiency
vehicles L,to the fleet will offset a portion of the increased replacement costs.
CCWG Implementation Plans (As Adopted by City CounCil)
Juiy 1, 2008
i of 58
19-34
lVIEASURE #2: ENCOURA.GE CITY-CONTR.ACTED FLEET
OPERATORS TO ADOPT THE USE OF HlGH EFFICIENCY (HYBRID)
OR AL TER.NATIVE FUEL VEHlCLES
OVERVIEW
Climate Change Working Group's recommendation #2 states that "the City of Chula Vista work
with fleets under City authority to influence their expanded use of alternative fuels and high-
efficiency/alternative fuel vehicles including electric, biodiesel, et,~fu-:lol, hybrid, hydrogen and
natural gas based on appropriateness for vehicle task, fueling infrastructure, petroleum
displacement, overall cost and environmental benefit" Generally, the implementation of this
policy will require amendments to the City's contracting and bid specifications, requiring
contractors to incorporate high efficiency (hybrid) a.'1d alternative fuel vehicles into their fleet
when new contracts are negotiated. Tne effectiveness of this implementation is dependant upon
the alternative fuels i,-llrastructure and vehicle classes in which there are operationally-practical,
technically-feasible hybrid or alternative fuel options.
Staff had already begun discussions concerni,-:lg alternative fuels and hybrid/alternative fuel
vehicles with some of the City contractors prior to the Climate Change Working Group's
recommendation. City staff reviewed current contracts and permit processes in relationship to
this climate protection measure. Each of these permitted or contracted fleets' implementation
status is detailed below.
IlVIPLEJ\'J:ENTATION
Transit
1.-1 FYI998/99, City Council authorized staff to convert the Chula Vista Transit (CVT) fleet from
diesel to Compressed Natural Gas (CNG). The fIrst delivery of 15 full-size CNG buses took
place in 2001 and 10 more arrived in 2002. In 2005, seven mid-size CNG buses were delivered.
Six of these buses were incorporated into the Transit fleet and one was turned over to the Nature
Center to be utilized as their shuttle. The current Transit fleet, as summarized in Table 2 below,
now consists of 37 buses of which 31 buses are CN G.
Table 2: Current Transit Fleet Inyentory
I Year I ruel Ty-pe I No. of Buses
Bus Type
30' Low Floor I 2005 I CNG I 6
40' Low Floor I 2001 I CNG I 10
"-0' Low Floor I 2000 I CNG I 15
,
40' Low Floor I 2000 I DieseI(lJ I 2
35' High Floor I 1995 I Dieser<-.:.,l I 2
I
I 4-0' High Floor I 1991 I DieselC) I I
35' Hid1 Floor I 1991 I Diesd" I 1
I TOTAL I 37
( ) Will remain in neet. Needed to meet 20% spare ratio.
(2) Scbeduled for replacement.
CCWO 1-nplernentation Plans (As Adopted by Cit'j Council)
July 1,2008
8 of 58
19-35
Street Sweeping
Cannon Pacific, the City's contracted street sweeper, currently operates three street sweepers
within City limits. The contractor is looking into alternative fuel trucks and related fueling
options available for street sweepers and has expressed interest in using alternative fuel vehicles
witmrl the current contract term, wnich may require "significant" contract amendments. Call11on-
Pacific fully understa,-,ds the need for alternative fuel vehicles and is wilJing to work witl the
City of Chula Vista to comply with climate protection measure #2.
Trash Hauler
The City's contract with Allied Waste Services is in its first eight-year contract e);:tension, which
expires Jmle 30, 2015. There is a "Clean Fuel Somce.' clause in the current contract with Allied
Waste Servlces:
6.2.24 Clean Fuel Source. Pacific shall develop a pilot project for Collection vehicle replacement or
conversion tn a clean fuel service in cooperation with City within 180 days which identifies
Collection vehicles for conversion and provides that conversion will occur if City and Pacific can
identify outside funding to pa.v for (a) the vehicle conversion. (b) incremental cost of new vehicles
and (c) costs for a central~v locatedfueling station. Pacific or its Affiliate will promptly implemenT a
program regarding the purchase of new clean fuel source (f:.&, E-rated electricity, propane, natural
gas, liquid natural gas, hydrogen fuel cell, CNG, or equivalent clean power and fuel source) for non-
Collection support vehicles and on-sire equipment using gasoline or diesel (such as fork ltlis or
generators) upon the replacement of such support vehicles and on-site equipment. Pacific will
immediately establish service with a California Green E Uti/iry provider for its on-site electrical power
source needs at Chula Vista facilities. Ciry shall permit Pacljic and its Affiliates to purchase c!eanfuel
sources from City ar a price that does not include any profit for City.
Allied Waste Services began using biodiesel (B20 Blend) seven years ago and mort recently
began adding a fuel reformulator, Et'1os RF, to improve fuel efficiency and reduce emissions
(non-greenhouse gas). This fuel combination, in tandem with all the California Air Resources
Board-required equipment (such as particulate traps and catalytic converters), has reduced their
opacity readings fleet-wide by 74.5% since 2001 imd already placed them in full compliance
with 2010 air emission standards. Allied Waste Services operates 52 collection vehicles in the
City of Chula Vista.
Taxis
The City does not currently contract with any taxi service. but does license taxis to operate
within the City's boundaries. In order to obtain a license to perform taxi service within Chula
Vista, the cab company must submit their cab(s) to a thorough vehicle inspection and fill out the
required licensing paperwork with the City of Chula Vista Police Department's Traffic
Enforcement Unit. Of the 179 taxi cabs that are currently licensed to operate within the City of
Chula Vista, approximately 5] % of the taxis are independently owned and operated. The
remaining taxis,belong to ODe of three different taxi cab companies: Red Cab (45 taxis)1 Eritrean
Cab (23 taxis) and Yellow Cab (20 taxis).
In discussions with the t.1rree major cab companies, City staff learned that the companies do not
directly purchase vehicles, rather they independently contract with individuals to provide
iIlsurance, dispatching and name recognition. It is up to each individual cab owner to replace
hislher vehicle. All three companies indicated that currently moving to alternative fuels is
problematic because there is not an established network of fueling infrastructure to support
CCWG L'TIplementation Plans (As Adopted by City COUllci])
July 1, 2008
9 of 58
19-36
vehicle fleets throughout San Diego County. In the past, Yellow Cab tried switching their fleets
to CNG but frequently had their vehicles running out of fuel due to the limited infrastructure. As
a result, their towing expenses increased dramatically and they reverted back to conventional fuel
vehicles.
"
Anot,f]er obstacle to incorporating "clean" vehicles into the taxi fleet is the cost increase to
individual cab operators. Taxi vehicles are typically purchased as used vehicles. By requiring
new ~'\FV/Hybrid vehicles to be purchased instead, operators would not be able to make enough
revenue to offset t,f]e cost premium of purchasing the new vehicle. This could result in lower
service levels within City limits which may directly affect Chula Vista residents and businesses.
Tow Trucks
Toe City currently contracts with four tow companies to provide police-initiated tows such as
vehicle accident removal, abandoned vehicle removal, negligent vehicle impounds and t01>.ing
inoperable department verucles. Staff met with the tow companies to discuss alternative fuel or
hybrid options for their fleets. Because the majority of tow vehicles use diesel-based engines,
t,f]e only practical alternative fuel option for the tow fleet at this time is biodiese!. The closest
biodiesel fueling station to Chula Vista is off Interstate 15 at El Cajon Boulevard. Because of the
distance (approximately 10 miles) and the limited operating hours (7 am -10 pm), this is not an
economically or environmentally feasible option. Until the appropriate fueling infrastructure is
built in Chula. Vista, biodiesel use is impractical for the tow truck fleet. For the few non-diesel
based tow vehicles, there currently are no alternativelhybrid options for these sized vehicles.
However, manufacturers of larger trucks are now developing hybrid vehicles which ultimately
could be placed into fleet use sometime in the future.
The current contract with the tow companies expires June 30, 2011. As a new contract is
eventuall:v pursued, staff will reassess local biodiesel availability and other relevant JlIVlHybrid
replacement options. If there are feasible options, language will be added to the Request for
Proposals outliniIlg the City's Policy for AFVlHybrid vehicles.
PERFORlvLWCE l\1ETRlCS
As a performance measure, the City will require an annual vehicle list from contractors which
may contain, but is not limited to, the vehicle fleet number, make, model, a.ge and fuel type of
each vehicle. Through this anImal inventory, the City will be able to track each contractor's
progress in ;ncorporating hybrid and alternative vehicles into their fleecs.
TIMELTh"E
Transit
The Metropolitan Transit System (MTS) has approved the funds to purchase six additional CNG
buses for the Chula Vista Transit fleet dUriIlg CY 2009 which will result in 95% of the fleet
being powered by an alternative fue!. Additionally, Chula Vista aIld MTS are under the
California Air Resource Board's (CARB) Alternative Fuel Path, which commits both agencies to
purchase only alternative fuel buses. Chula Vista Transit's contractor, Veolia Transportation
Inc., has also committed to purchasing five (5) hybrid vehicles for their road supervisor starT
The implementation timeline for transit vehicle replacement is summarized below:
CCWG Implementation Plans (As Adopted by City Council)
July 1,2008
100f58
19-37
CCWG ME.^,SURE #2: ENCOURAGE CITY-CONTRACTED FLEET OPERATORS
TO ADOPT THE USE OF HIGH EFFICIENCY OR ALTERNATIVE FUEL
'v'EHICLES
Tmplementation T1meline
TRANSIT. PROGRAM MILESTONES
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July '01
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, Ir3nsDorQoon.lnc., has
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office
Sa"eet Sweeping
CaTmon-Pacific is willing to start convertL'1g to alternative fuel vehicles prior to the end of their
current contract term which exprres June 30, 201!. The implementation timeline for street
sweeper vehicle replacement is summarized below:
CCWG MEASURE #2: ENCOURAGE CITY-CONTRACTED FLEET OPERATORS
TO ADOPT THE USE OF HIGH EFFICIENCY OR ALTERNATIVE FUEL
VEHICLES
Implementation Timellne
STREET SWEEPERS . PROGRAr~ MilESTONES
. Current contract: ex;J1r8
June3D,2[l11
july 'b,~
I
I
July '09
July 'j 0
I:
July 'j t...
\
July'12
I' InrtiGlidiscuss;on\lI/ltn
IconIT3C'.oraoout':-::NG
Ime2s\JrE&fvrure
e'Juipmem:anverslor,
\
,
j'l\ieWCDntr3d~\Nlm
alterr,arivei'..lelorhigh
eITlciencyvehicle
requirement begins
CCV/G Implementation Plans (As Adopted by City Council)
July L 2008
]] of 58
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Trash Hauler
Over the 12.st two years, Allied Waste has continued to evaluate biodiesel suppliers who could
provide a consistent, high quality fuel source. One potential source is a company caUed New
Leaf which is building a biodieset manufacturing facility in Otay Mesa. The facility will use
cooking oil as its fuel base. Allied Waste Services has already begun to meet with New Leaf to
work on esmblishing standards and a possible purchasing agreement. The implementation
tL.'I1eline for tr2.sh hauler vehicle replacement is summarized belo'il::
CCWG MEASURE #2: ENCOURAGE CITY-CONTRACTED FLEET OPERATORS
TO ADOPT THE US;:: OF HIGH EFFICIENCY OR ALTERNATIVE FUEL
VEHICLES
Implementation Timeline
TRASH HAULERS. PROGRAM MILESTONES
Juiy'01
I
!
July '04
! '1Slc..onrrac:e~8nsH:::r,far8vears I
i,
!
July '07
.SubmmadgrantappllcaDonlcr
25 naCJr:;ligas tn.Jcks&ruellng
statrcrlto*CC'
.Comracto:'bec;anvsea, I
brGdleSei in coll~ctian vehi::les I
tar C:N c::mU3ct I
~,
!
Juiy'10
Jul '15
I . Cor.tracror received bad loae
IO:biodiesel"'lhlchcaused,
I m310r fleer prc!.biems-.
clcggedfuelsvstems
i .Resnrilngblodteselfrom
i moreconslsrentsupplier-
I N[lveml:Jer~OD8 I
. N!!XI: COrltr.3C[ renewal I
d3teJuly1,2D15
Tcexis
The timeline for transitioning tEXi vehicles to AFV!hybrids is unknown due to the reasons stated
above (cost effectiveness & fueling L.-urastructure).
Tow hucks
vVhen the current tow services contract expires in June 201l., Lhere should be greater biodiesel
avail2.bility in Chula Vista as well as greater availability of other MV /Hybrid truck options
capable of performing tow operations.
BlJDGET & FINA-NCING
~While Lhere is some grant funding available for specific equipment/models and conversions, it is
expected that there will be some cost incre2.ses or longer contract terms required for contractors
to be able to amortize the capital investments from complying with the City's "clean" vehicle
replacement policy. The program's budget is outlined below:
CCWG Implementation Plans (As Adopted by City Council)
July 1,2008
120f58
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CCWG #2 - Clean Vehicle Replacements for City-Contracted
Fleets - Budget
HCNG Bieno ProJeci - Buses
5144,000
H21CE - Van
543,000
TOTAL
543,000
514-4,000
Transit
The Metropolitan Transit System has approved ,,'1e funds to purchase SLX CNG buses for Chula
Vista T,ansit which are anticipated to arrive in 2009. The City has received a $738,000 earmark
from Congressman Bob Filner's office for a Hydrogen/Compressed Natural Gas (HCNG) blend
project. Two CNG buses will be recalibrated to operate on a 20/80 HCNG fuel blend. USiIlg the
HCNG blend reduces all emissions. .AJ1 immediate and significant benefit comes from a 50%
,eduction in nitrogen oxides (NOx) compared to CNG. Approximately $5,000 - 6,000 per bus/
mon,,'1 will be required to produce the hydrogen required to operate the buses. Transit funds will
continue to be able to fund the CNG fuel use, but additional funds will be needed to cover the
incrementa! cost of the hydrogen produc1:ion.
Ford Motor Company has provided t.'1e Cjry one (1) expenmentE.l Ford Hydrogen Ljternal
Combustion Engine (H2ICE) 12-passenger shuttle van. which will be based on the Ford E450
platform for ,,'le pLUl'ose of aiding bo,,'1 Ford and the City to demonstrate and evaluate the
performance characteristics or such a vehicle. The Ciry of Chula Vist2. proposes to use the
IDICE as the transportation means for visitors to the Chula Vista Nature Center. Tne cost of
eJectrlclty to generate the hydrogen by the Cit}'~s hydrogen electrolyzer is estlInated at $2AOO
per month. The extended cost over ,,'1e term of the project is estL.-nated to be $43,000.
Streer Sweeping
Cannon-Pacific has expressed an interest in starting the alternative fuel vehicle implementation
within the Clhlent contract term, which may require "signiiic8J.jf' contract amendments such as
additional fees or costs..
Trash h~auler
Allied Waste Services has recently submitted a gram application to the Air Pollution Contra!
Districfs Carl Moyer FUi1G to p!1r:hase 25 CNG rrucks and a fueling station for its Chula Vista
fleet:. They are also researchLl1g the feasibility of using landfill methane gas for fueling purposes.
CCWG lrnplem::ntation Plans (As Adopted by City Councli)
July 1,2008
13 of 5 8
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lYT..EASURE #3: BUSINESS ENERGY ASSESSMENTS
O\'ERVIEW
The measure, as adopted by City GQllIlcil, would encourage through a new municipal ordinance
commercial and industrial businesses to pfu-ticipate in an energy assessment of u'1eir premises
The measure is intended to help businesses identify energy efficiency opportunities at their
facilities and, if desired, take adva.'1tage of applicable rebate and incentive prograrns for energy
efficiency improvements. The assessments, which would be offered at no cost, would only apply
to businesses with a physical storefront aI1d!or office and would be encouraged when a new
license is issued or every three years for a renewed business license. The business energy
assessment process is graphically summarized below:
CCWG MEASURE #3: BUSINESS ENERGY ASSESSMENTS
Implementation Plan Summary
,
PROGRAM ,
, PROGRAM IMPLEI~ENT ATION
DEVELOPMEN\' ,
,
, .:=OF. 9(fS liNG UCEN3.=5 I
,
, Busines~ AsseS5ment: Notice ,
, I
, (November)
, Busjm:ss Assessment
, . Sent in coniunC1lon wrth Norice
I Municipal Code ReVIsions i , Finance Oeoarrrnent's annual
, I Sohedunog h.;od (witl1in Calenaar ',;,ea,)
. 4T1enament m Cha~ter 20 ; , business lieens::.' renev..al ncti::e
EnergyConservatiar;citne I , i30d3V!:} " Cir:' snff pertcrms energy
, a~ses:srnem&..review
MUnlcipalcQde. , I . 8usine~: ~ets 2!ssessment .41 resuttswith business
, I ,,"oic",,en,
".'"osslblecrossreferen::es I , represem:atlVe
acded ill section 5.02 &5.04 , . A..s:ses~...,em:anoc::ur . env snff assis!::; I:usiness
of3usiness Ucense COOE , i anycime ctunng their regular with.energyefficiency
I , hours- oroper:;mon
. Public Readings and reVie", ! , ,~,r:;, r...'EN UCENS::::.:: I incentive and rebate
iperiods , acplicatian atrhe ciscretian
, eu~iness Assessment Noti~ mUle business
, ,
, {Dependent oi ApolicaDon I
,
l 5ubmit!aIOatel
: [' Anp'bm octm" of ",""=,m I
I ....nen new Ousmes, license \:
: Issued I
,
,
,
IMPLEIYIENTATION
The Department of Conservation & Environmental Services will admil1ister the program with
anticipated suPPOrt provided by the Finance (Busi11ess License Division) and L.,formation
Technology Services (IT Programrnmg Division) Depanments. Staff is recommending that the
business energy assessment be codified through Title 20 - "Energy Conservation" of the Chula
Vista Municipal Code (see Appendix C for example of conservation-focused municipal code
applyirlg to all Chula Vista businesses). Specifically, tbe municipal code would be augmented to
include tbe following concepts:
All commercial and ir\dustrial businesses in the City of Chula Vista are encouraged to
cooperate with City staff or their delegate to conduct a free energy assessment of their
facilities when a new business license is issued or once every three years for an existing
CCWG Implementation Plans (As Adopted oy City Council)
July 1,2008
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19-41
license by providing; I) a date and time for the 2.5sessment convenient for G1e business, 2)
access to their facilities for the assessment during their regular business hours, 3)
authorization (voluntary) to access G1eir Energy Waves account (a San Diego Gas &
Electric energy aIlalysis tool),-and 4) a signature and title of a facility manager on a
completed assessment fami acknowledging that the business has received a completed
assessment and relevant information about potential energy efficiency improvements to
implement at the business: s discretion. For multi-tenant commercial buildings: u1e
property manager may authorize a whole buildiIlg assessment replacing the need for
individual tenant assessments.
i...ssessment Notification Process: The City will send a lY'.rritten notice to eaco. business at
least once every three years in conjunction with the City's annual business license
renewal mailer informing the business of L,1.e opportu.nity for 2. free energy assessment
and providing information that allows a business to schedule an appoin1i-nent at their
convenience. A busiI1ess shall also receive a business assessment notice whenever a ne1Jl:
business license is required such as the establishment of a ne';\' busL:oess or transfer of
Qvvnership for an existing bUSh"1ess.
Assessment Deliverables: The a'ssessment fmdL"1gs shall be provided to the business on a
form established by the City Manager in conjunction with the local utility and business
representatives, includhrg a chart of their energy consumption over the p2.St 18 illont1J.s
(extracted from tbeir Energy J,t'aves account) and an estimate of their potential energy
fujd finfujcial savings as ,.veIl as t.~e corresponding greenhouse gas (GHG) reducIions
based on state-approved GHG accounting protocols, The assessment may also review
alternative transportation options which the business could implement and/or promote to
its employees and customers and the resulting GHG reductlons. Tbe City shall provide
any available forms fujd an offer of assiSIance to compleIe the forms and process for
accessing available state and/or local rebates tbat reduce the cost of implementing the
voluntary energy efficiency improvements.
BUSh'1eSSes are not required to implement L.l1provements: however: businesses may at
their discretion request additional assistaoce from tbe Ciry or its designee to be trained on
how to use Energy Traves and implement any or all of the measures selected b:v the
business as the most cost effective choices for reducing energy consUIoption, Tne Ciej
shall also provide contact information for me local Utiliry:s ACCOlli'1t Executive or ot.'1er
staff designated by IDe Utibty for a specific program that may assist the busmess in
reducing its energy costs.
Exemnt1ons: An energy assessment may nm be necessar-y for nev". businesses OCCUpYLlg
a commercial space which has completed one or the following: 1) been permitted by the
City Building Division within three years for a remodel or new-const.'-ucrion to meet the
most current Ciry Title 24 and above standards, 2) has been certified through a California
Energy Commission-certified (or other ~pplicab]e state agency) green building pro gratE,
or 3) has already received an assessment wi-w.lin w.1.e 12.st !.'-rree years. In addition.,
Assessments are not necessary for home offices, mobile businesses and other busL"1ess
entities that do not have a utility gas or electric meter on a commercial rate scheduie.
CCWG Implementation Plans (As Adopted by City Council)
July 1,2008
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PERFOR.l\lL"-''!CE lVrETRICS
The business energy assessment program's performance will be measured by a suite of metrics
including the number of assessments performed, number of energy efficiency improvemem:s
identified and the corresponding p.otential kWhffherm savings. In addition, the number of
businesses implementing Dew alte~Hat!Ve transportation policies or programs will be cracked.
Staff will investigate t'Je possibility of receivirlg aggregated customer information from SDG&E
to quantify the number and amount of incentive funds solicited as a resuit of t.\je business
assessment process.
In the City's CLL.'Tent greenhouse gas (GHG) inventory protocol, t'Je business sector's carbon
emissions are directly quantified by ex"trapolating bUSh'1eSS energy use from aggregated
community data provided by SDG&E. While the proposed program does not require businesses
to adopt energy efficiency improvements, it does help l"em to understand and apply for SDG&E
rebate and incentive programs that could lead to increased energy conservation. Over the last
two years, City staff has visited over 2,000 businesses al,d identified over 800,000 k\Vh in
potential a..il1ual energy savL."1gs (equivalent to over 700,000 Ibs of carbon emissions) as part of
the current program. Encouraging at.'1 energy assessment as part of the business license renewal
process will greatly expand the potential for immediate emissions reductions and provide
opportunities for businesses to lower their monthly energy costs.
TIMELINE
Implementation would require all a..-nendment to Chapter 20 "Energy Conservation" of the Chula
Vista Murlicipal Code and potentially a cross reference amending the Business License code
sections (5.02 & 5.04). Ordinance notice, first reading and second reading would take
approximately ,10 days. Some items may require review by other agencies which may aiso take
an estimated 45 to 60 days. The program's Iimeiine is summarized below:
CCWG MEASURE #3: BUSINESS ENEi<GY ASSESSMENTS
Implementation Plan Tlmeiine
PROGRAM MIL:STONES
Aug '08 I J,," I
. New SDG&E
.Orali.c.ureserltto ~:;~~h~~~~~l~; I
CouncllmunlCloal
C~C!! reviSion:; Ulr::JuqnOec'11
I I
I r I I I I
I I I I
July '08 I JarhS Ju~' 'OS
I
Ocr 'OS Nav'OS Jan"J9
'HirE!&rrain~ff -NclDcessenrro '3l!Sine~s
-Develop ;:rrngram I bUSinesses & assessmen~begln &
assessment cominue tl'1rcugrmu1:
materials. si:;'eol!li~g ::egins l'year
CCWG lmplementation Plans (As Adopted by City Council)
July 1,2008
160f58
19-43
BUDGET & FINANCING
The proposed program's implementation cost is estimated to be $32l,40D per year in staffmg,
supplies and services (summarized in table below). This program cost assumes full fUTlding of
all seven CCWG measures a"d wilLleverage each measure's budget to provide partial cost
sharing of staff time and program -materials. For example, staff visiting businesses to perform
energy assessments will also be able to promote other climate-related programs such as the Solar
Conversion (CCWG Measure #5) and Turf Lawn Conversion (CCWG Measure #7) programs
leading to lower implementation costs for each program and increased program participation. A
portion of each measure's budget will also panially cover overall administraTive and
perfonnance tracking costs associated with the City's climate protection efforts. The program's
budget is outlined below:
CCWG #3 - Business Energy Assessment - Budget
City Staff
$111,600
Interns
$146,800
Marketing
$16,000
Other Commodities
$47,000
TOTAL
$321,400
*.t,ssumes cost sharing between CCWG Measures ;:3, 5 3:. 7
Probable funding by SDG&F/CPUC through Dee 2011
The City, through the Department of Conservation & Environmental Services, currently offers a
voluntary business energy assessment program which is funded through a California Public
UtiEties Commission (CPUC)/San Diego Gas &Electric (SDG&E) grant through December 31,
2008. The grant only provides fU'1ds for Lloe assessments and not incentives for businesses to
implement the identified energy efficiency improvements. Staff has submin:ed a new grant
proposal to the CPUC/SDG&E to cominue funding the business assessment program through
December 31, 2011. To ensure the program continues beyond future grant funding cycles, STaff
would recommend that the program should be funded through a more broadly appbed Fee
Authority structure. A Fee Authority would provide staff with greater flexibility to address
future business growth and increased persolli,el and supply costs as the program and economy
evolve.
CCWG Implemeotatioil Plans (As Adopted by City Council)
July 1,2008
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19-44
l'vrEASlJRE #4: GREEN BUILDING STANDARDS
OVERVIEW
The City of Chula Vista Climate Change Working Group's (CCWG) recommendation #4 urges
the City to adopt community -wid'; green building standards that aTe comprehensive in cover~ge
and mandatory. The CCWG recommended that new and substantially renovated structures be
required to be built to LEED Silver or to an equivalent third-party certification green building
program, with the efrect of having an energy efficiency impact of at least 20% over current Title
24 requirements. However. there is not a straight-line relationship between green program
certification or Title 24 performance and carbon reductions. For this reason, City staff
recommends an approach that focuses directly on carbon emission reductions. Reductions in
energy use by buildings are ac-nong t.loe easiest carbon-reducing actions to quantify and lessen the
com...rnunity's '"'carbon Jootpriilt."
As approved by City Council, Chula Vista will implement a citywide, mandatory green building
standard for new construction and major renovations. The new standard will have 3 main
components: (1) a minimum energy efficiency (carbon equivalent) requirement of 15% above
Title 24 - 2005, (2) the early adoption of the new California Green Building Codes for all
residential and commercial projects and (3) a Carbon Offset Fee available for projects not
meeting r,'le 15% above Title 24 threshold. The City wiJl re-evaluate its Green Building Standard
in summer 2009 when the revised Title 24 becomes effective. The Chula Vista Green Building
Standard will complement green building measures at the state ac'ld national level, and place a
high priority on reducing the carbon emissions of buildings in Chula Vista. The innovative
program provides an equitable solution for new and retrofit, as well as residentIal, industrial and
commercial buildings. Furthermore, the proposed program meets, 1LTld in the case or commercia!
projects exceeds, the initial reduction targets outlined by ATchitecture 2030, a natiQnally-
recognized movement in the building/architectural cOITlil1unity to make new buildings ;;carbon
neutral" by 2030 (Appendix D).
IMPLEMENTATION
The City of Chula Vista Planning and Buildip,g Department, Building Division, is responsible for
confIrming that all commercia!, L'ldustrial and residential constructiQn projects meet the
minimum requirements of u1e State and locally mandated construction codes. They also provide
plan check and associated inspections. The Planning Division is responsible for promulgating
policy and regulations and administering them for land use, site design and zoning. Building
Codes, land use policies, zoning ordinances and design guidelines all can contribute to the goal
of meeting this objective, The Chula Vista Green Building Standards program will fQCUS on
reducing carbon emissions :u1d contains tbe followhClg fQur components: (l) Develop and
implement a Chula Vista Building CorDon Reductlon Benchmark Program, (2) Early adoption of
u1e California Green Building Code, (3) Preparation and Implementation of a Green Awareness
program for homeowners and building operators, 3..'1d (4) Adoption or new zoning ordinances
and design guidelines. Tne implementation process is graphically depicted below:
CCWG Implementation Plans (As Adopted by City CouDcil)
July 1,2008
18 of 5 8
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CCWG MEASUR.E #4: GREEN BUILDING STANDARDS
Implementation Plan Summary
-
Green Buiiding Stanqards Program
. PrDmota~ to,,!' ouenti1iable reductIon 01 ca~~on emii'::o:iorY-: 1Clt
r~Clei1tial, inelwstnaJ and commercli:ll buildings
. C.omplim~rrt:; ihe mel1sure;;; at e ~sie dIld nl:li.ionaJ !I::I!'~I sndred~
the cQlTImunit\"~ Mcerbcn TOOlprin1.:
t I t t
I
'f
3uilding Carbon Early Green 8uildmg 1- Green Awareness j I Policy Guidelines and
Reduct!.on Bench:nar~ C.od~ Adoption Proara", I I Regulatory
Program . .1I.,dopt thl:' ':aliiomi:& Green I . PreparE end lmplem~ an I Amendments
. Deveio p and e:::l:sbl i:=h 1he 8uikQ[lg ':adEpnono education 8nc o....treOiC!1 I . Updet:e AGlP guideline~:o
ool'lls., obJective:': and ;!TlPl;:,m f;!ni.~IDn 01 January prugrsm lo~ homeowners. and lInpiement;reen buiiding
thres:hc~:;: Tor carbon redl.Jdion JO~ 1 bUilding operator::: S1endanr: Tor laroe.xaie.
"De--'eJop i3Jl enerjJ';' =vin~~ . e..C10pt 6 flndlnr~ 01 ~O:ld in Cxrc!inme Elnu coll!;lOorme ceveiopmen:
component that em;::has.:z:es aC"--Drdance".,,;th The HealL"l with SDGS,E 001' promotIOnal . Prepare .silV aCldtfional policy
Communitvi,;;~e design end :.aTei~ Code; 17950.5 e:icrts program guidejin~ \0 ~Orif~S
guideline: and energy I and..8 ~allel o.evettlpment or P.832
erti:::enc;.' I requrrernents
-Prepare guideiine,; tor ::>Ulidlflg . Amenc app!iceble
perm~ revie-.... and reiinet~e developmer.tregularions(Le.
Dr3ttC;lrton .":eouci:ior. zoning cocede31gn guide!lne5,
Ch",ci:us! GII'lOC orclnancelguldeilne::: or
. E;vs,luste ,mri d~velcp II municipal code tc implement
mitig!tion ree component Cart:on Reduction Program
Development of a Building Carbon Reduction Benchmark ProQ:pm
Staff will work to develop and implement a BuildiIlg Carbon Reduction Benchmark Progralll,
which would recommend that all new construction and remodels reduce and document
reductions in carbon emissions compared to the minimum results that would be achieved through
compliance with the applicable version of California Title 24 energy standards. The proposed
progralll will allow developers the flexibility to determine how best to meet these requirements,
which will offset the burden associated with meeting an additional procedural requirement. This
program would provide a level playing field for new and retrofit, as well as residemiaL industrial
and commercial buildings, and would help accomplish the goals of the Chula Vista CO,
Reduction Plan.
In coordination with stakeholders, staff would begiII WIlli developing the framework of the
Building Carbon Reduction Benchmark Program to attain 15% greater carbon reduction than
current Title 24 requirements and establish the goals, objectives and proposed thresholds to
accordingly reduce overall carbon emissions for all new development. Staff will then prepare an
energy savings component that irlciudes both communirj/site design guidelines and energy
efficiency measures. As a par! of this effort, staff "vill prepare guidelines for building permil
review and further ref me and/or supplement the Chula Vista Carbon Checklist (Appendix Ej.
This checklist shows emission reductions for various Development Credits as well as Energy
Efficiency Credits for both Prescriptive and Performance Pa,,'1s. As a part of this program, starr
will evaluate a range of proposed carbon emission thresholds. As an example, proposed
thresholds may require a reduction in carbon emissions of 15 pounds per 100 square foot in
C1Lrnate Zone 7 and a reduction of 35 pounds per 100 square foot in Climate Zone 10 based on
the applicable version of Title 24. Chu1a Vista straddles two different climate zones. The bulk
CCWG L-nplernentation Plans {As Adopted by City Council)
July 1,2008
190[58
19-46
of the City rests within Climate Zone 7 while the far east of the City is in the more rigorous
Climate Zone lO (Appendix F). These values represent the approximate carbon savings achieved
when exceediIlg Title 24 by 15%. The Chula Vista Carbon Reduction Checklist wi]] need to be
completed by the builder for each p:IJ;I1it.
The savings can be accomplished in two different areas: (1) community/site design and (2)
energy efficiency. The first typica]]y applies to larger scale projects, and the Planning fu'1d
Building Department will ensure that future long range plans such as Specific Plans and
Sectional Planning Area (SF A) Plans include community/site design and energy efficiency
components through policy and regulatory changes as presented in the "Policy Guidelines and
Regulatory Amendments" section. Community/site design features genera]]y manifest carbon
savings t.'uough reducing vehicle miles traveled (VMT), and associated tail pipe emissions, by
increasL'lg emphasis on other travel modes such as walking and transit use through means
including: expanded pedestrianlbike connections, expanded transit plans, mixed-use
development, and increased density. Additional efficiency can also be gained through site
design features that optimize the potential for renewable fu'"ld advanced energy-effIcient
technology uses (i.e. solar orientation, cogeneration and district energy systems).
V,'hile a]] of these features can lead to carbon savings, the establishment of baselines fu'1d the
quantification of savings for community design measures are less direCT than with energy
efficiency measures, and at present there are not well established metrics. This is one of the
prLc-nary focuses of the active Chula Vista Research Project (CVRP) with the National Energy
Center for Sustainable Communities (NECSe). The CVRPINECSC team is currently
conducting studies to produce a set of clear modeling assumptions, a detailed description of their
methodology and specific emission reduction values for altemative community/site design
features. Their work will not be completed for several months. Staff will also need to carefully
work with the CVRP outputs and the 1-.i"ECSC team to define and establish these baselines and
features, and balance their use along with desired energy efficiency savings. To accomplish
development ofthe community/site design component of the Green Buildmg Standards Program,
staff envisions a multi-step process which will include the following: (1) establishment of a
community/site design Working Group, (2) scoping and evaluation workshops, (3) compose a
draft standard and conduct a rating simulation, (4) revise the draft STandard and solicit
stakeholder input and (5) complete and issue the final comrnunity/site design standard for
Council consideration as part of the overall Green Building Standards Program. 111dividual
project savings will need to be quantified by the developer or builder with PLACE3S,
Community Viz, URBEM1S or other appropriate software used to calculate energy generation
and efficiency options as a fi~nction of land use and development choices as determined through
the CVRP. The Planning and Building Department will evaluate these products to determine
which is preferable for use in the Program.
Builders will also be able to accumulate carbon savings through energy efficiency. There will be
three avenues for them to accomplish this: (1) a prescriptive pat.':! where the builder selects
features that will deliver the necessary savings, (2) a performance pat.'1 where the builder uses
California Energy Commission-approved software to quant!"')' the energy savings (and thus
carbon savings) of specific efficiency measures and (3) renewable energy production. The
prescriptive path is available to residential construction and remodels; however, commercial
buildings must follow the performance path. The third method for builders to reduce carbon
CCWG Implementation Plans (As Adopted by City Council)
July 1,2008
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emissions is to include on-site renewable energy. Technologies that shall qualify include: solar
photovolTaic systems, solar hot water systems, geothermal systems (geoexchange) and small
scale wind turbines. The building will be credited with carbon savings based on the size of the
system inSTalled. This compliance method will be available to all buildi.c-,g types. The City will
re-evaluate the Green Buildmg Stfu~dard's 15% threshold in SUmlTler 2009 when the revised Title
24 becomes effective.
Tne program will include a mitigation fee component should a builder choose or ot.~erwise not
be able to effectively meet the additional CO2 savings requirement on-site. The fee will equate to
the cost of exceeding Title 2,1. by 15%. The fee will establish a dollar value per pound of
necessary carbon offset by building type. Preli[i1in~-y estimates from our consultant) ConSol,
indicate that the fee may be approximately $2.50 per pound of carbon plus administrative costs.
By focusing on pounds of carbon per square foot, the City can utilize the same set of ground
rules for residential and cotrlmerciaI construction, new construction and remodels, custom homes
and large developments. Builders shall also have the option of opting out of the checklist if they
demonstrate through CEC certified sorrware that they exceed Title 24 by 15% or more.
Earlv AdoDtlOn of California Green Building' Code
The Building Standards COlTIII'jssion (BSC) and Depa.rtment of Housing and Community
Development (HCD) have developed a California Green Building Code (CGBC), which will
apply to non-residential fu"1d residential construction, respectively. The BSe regulations for non-
residential buildings is currently intended to be a voluntary code, while the HCD version for
housing three stories or less will become mandatory by State Law on Ja.'1ua.ry 1,2011. Since the
mix of Chula Vista permits weighs heavily on residential (80/20), it is recommended mat the
California Green Building Code requirements be used for both residential and commercial
buildings.
Please note that the plumbing provisions of CGBC do not become effective until July!, 20 II.
The plumbing measures have a delayed adoption to ensure tb.at enough of the required product
(fiA"Iures, showerheads and toiiets) will be available to meet market demand when the code is
adopted. The CGBC includes ffia,-,y best practices among the existing green programs. The
water savings, construction waste reductions, and the Volatile Organic Compound (VOC) limits
for paints, adhesives, and carpets can be mainstreamed into construction practice with minimal
cost impact. The provision of the CGBC that has tne largest cost impact is the requirement for
1.28 gaUon per flush toilets. Currently, a 1.28 gallon per flush toilet is -$250 more expensive
Ihan a current 1.6 gallon per flush toilet~
It is recommended that Chula Vista adopt the HCD California Green Building Code as it will be
approved this summer. if Chula Vista adopts L1.is code before ti,e implementation date of
January I, 2011 anci/or expands its scope to include commercial buildings, the City will need to
adopt a Findings of Fact per Health and Safety Code 17958.5 and 17958.7. This is a finding that
Slates that the new municip2J code is reasonably necessary for climatic, geologic or topographic
condiuons. The new code would not be effective until the Findings of Fact were filed along with
the ordinance to the Building Standards COIThllission.
CCWG Impiementation Plans (As Adopted by City Council)
July 1,2008
21 of 58
19-48
The requirements of the BCD California Green Building Code are:
-- Pian for storm water draffiage and retention during construction,
406.2 Site Development: retention basins; storm water filtered by_ a barrier system to public
drainage; cOffinliance with storm water management ordinances
503 Energy Efficiencv I Performance reouirements meet current T-24
506.1 Air Sealing Package Joints and openings must be sealed to the CEC energy sla.T\dards
currently in effect
20% reduction in potable water use; each pllliubing fi,,-wre 20%
reduced flow rate: showerheads - 2_5 to 2.0 gpm, bathroom and
603 Indoor Water Use kitchen faucets - 2.2 to 1.8 gpm, toile,s - 1.6 to 1.28 gal/flush.(1.28
gpf toilets are required by code as of 7/1111) or calculation
demonstrating 20% reduction in water use baseline
[ 705.3 Covering of DuctS & I From rough until :final all ducts shall be covered to reduce dust and
I Mechanical EqniDment debris which mav collect in the svstem
50% reduction of non-ha.z.a.rdous construction a.'ld demolition
709.2 Construction Waste Rednced waste or local ordinance, whichever is more stringent (exception:
excavated soil and land-clearing debris)
711.2 Building & Maintenance I Provided to building owner
Manual
Adhesives and sealants used on the proJec'l shall meet the
requirements of the following standards: 1. Adhesives, adhesive
804.1.1 Adhesives and Sealants bonding primers, adhesive primers, sealants and sealant primers
shall comply wit.1. South Coast Air Quality Management District
(SCAQMD) Rule #1168; and 2. Aerosol ad..1esives shall meet the
reauirements of California Code of ReQ'Jlations, Title 17
804.1.2 Paints & coatings I ~chitec~al paLTJ.ts fuJ.d c~ati~gs shall comply wi~ So~u.1. Coast
AIr Ouality ManaS'ement DIS1nct rSCAOMD) Rule # 11 b.
804.1.3 Carpet & carpet systems I Shall be low VOC
I
804.1.4.1 ParJcleboard and medium Shall be certified to ANSI Al08.1 and A208.2 (low formaldebyde
density fiberboard (1\1DF) used in emission standards)
interior finish systems
804,1.4,2 Hardboard plywood used in Shall be certified and comply with ANSI/PHVA HP-I-2204 and
U.S. HUD Title 24, Part 3280 (low formaldehyde emISSIon
interior finish systems staI1da.cds)
805,2.1 Vapor retarder and capillary Min. 4" of \/'" clean aggregate base between vapor retarder and
break installed for siab on grade slab
foundations
Building materials with visible signs of water damage, mold or
805.3 Moisture content of building other biological growth shall not be installed; interior walls and
floors shall not be enclosed if framing ill em. bers exceed 18%
materi.als moisture content or if insulation is wet or have a high moisrure
content
Exhaust fans shall be provided from each room containing a
bathtub, shower, or tub/shower combination; exhaust fans shall
806.3 Bathroom exhaust fans comply with ASHRAE 62.2, Section 5 exbaust fans shall be
,
ENERGY compUant; eX11aust ffu""1S shall termi.il.ate outside the
buiJdbo-
HV AC filters shall be rated at MER V 6 or hig,1er. Filter grills and
806.4 Filters duct systems shall be sized to prevent pressure drop across the
filter.
CCWG In:plementation Plans (As Adopted by City Council)
July 1, 2008
19-49
22 of 58
Unlike other green programs, however, there is no requirement in t1e HCD portion of the
California Green Buildh'1g Code to exceed Title 24. It is the energy efficiency portion of any
green program that is responsible for the carbon dioxide savings. Thus, the HCD program on its
own will do little to combat global warming, but when paired wit1 a City requirement to reduce
carbon, the BCD program is on - par "vith the other green progran1s found nationally and
throughout t1e state. The BCD language is closely modeied on the soon to be published ANSI
700 National Green Buildin~ Standard. The Citv ofChula Vista Growth Mana"ement Ordinance
- - -
currently requires a ',vater Conservation Plan (WCP) to be submitted with aU Sectional Planning
i\rea pians. tentative subdivision maps, or with major development projects. In May 2003, the
Ci~' adopted \VCP guidelhles in order to implement this requirement. As 2. companion
component to this program in the Turf LaVi'Il Conversion program (measure #7), the City would
review the state Model Landscape Ordinance and update t1e Lar1dscape Manual and WCP
guidelines to encourage additional water savings.
City staff and builders will need to be trained on the requirements of the California Green
Building Code. Since this training will ultimately be necessary, focusing on the California Code
elimi..nates t.oe need to train for a local green building code now, and the California code later.
Green Awareness Pro2Tarn
.1vJ education and outreach effort will help to hi "Wight energy saving steps homeowners and
building operators can take to help reduce their carbon footprint. The science and findings
behind the CCWG's measures should be made available to t1e public. Education and outreach
efforts should include when: the CCWG recommendations sa)' and why they should be
implemented. Distinctions should be presented between basic Energy Code compliance, the
Chula 'Vista Green BuildL.'1g Standard and u.1.e upcoming California Green Building Code.
Between these standards: a ne"v or substantially remodeled structure \vill combine an energy
efficient building envelope, building systems~ wate;:- conservation) L.l1creased comfort fu'1d cost
savings as well as a much healthier indoor environment and provide measure implementation
timeiines and guidelines for all aspects of the outreach and education program. InfoEllation
dissemination should be throu.gh the City's Building and Planning Departments many outreach
resources such as tneis "~Sustainabiliry Websltt,:: ne\\lsletters, seminar series: news releases,
brochures and fact sbeet stations as well as other marketing approaches and media. A carbon
calculator .is another way to encourage tbose not building or retrofiuing to start thinking about
reducing their footpni1t. Green Awareness will be spread. through training Cit=.v staff and builders
on the requirements of the CalifornIa Green Building Code. All new buildings in Chula Vista
shall include a Green Awareness section in the Homeowner or Maintenance and ODerations
Manual. This would contam an ovenie;'" of the energy and cost saving features a; well as
factoids such as tJ.~at a Plasill2. screen television uses as much electricity as a refrigerator,
Policy Guidelines and Re2"ulatorv .A....:.-nend::nents
In order to implement the Building Carbon Reduction Benchmark Program, several policy
docu..TIlents and development regulations will need to be modified to reflect new green building
standards. This program will likely require amendments to the City's adopted Air Quality
hnprovement Plan (AQIP) guideli!1es, Grow-ell Management Ordi"ance, Design Manual and
Guidelines, and the City's Municipal Code. The Green Building Standards Program will also
require amendments to the ZOnh"1g Ordinance in order to implement any proposed community .
and/or site and building design standards LEED-NC (New Construction) and LEED-ND
CC\VG Implementation Pians (As Adopted by City Council)
July L 2008
23 of 5 8
19-50
(Neighborhood Development) will continue to be considered and encouraged as the City amends
the Zoning Ordinance and Design Manuals. Although Chula Vista is creating its own Green
Building Standards program consistent with the direction of State legislation for building codes,
Chula Vista will continue to use and_ consider (according to General Plan policy) LEED-NC and
LEED-ND, as long as they are national standards embraced by the broader architectural and
development comnlunity. These LEED stfuJdards are now included w"1Q avaijable through t..he
Urban Core Specific Plan as options and are coupled with development incentives.
All proposed regulatory amendments will be vetted through a public process that will eocouraze
communir:! and stakeholder input. Following adoption of these proposed changes to t.1e City's
policy guidelines and development regulations, staff will evaluate and implement a process to
align the Green Building Sta"dards program and G1e Zoning Ordina"ce and Design Manual
modifications with the California Environrnental Quality Act (CEQA) environrnental review
process.
PERFORMA1'lCE METRlCS
The implementation of h1is measure requires an addition to the City's municipal code outlining
the new green building standard. Performance would be gauged by G1e sum of carbon savi."gs of
each permit granted and building built in comparison to the anticipated savings achieved through
compliance with theOmin.imum requirements of the applicable version ofTit]e 24.
TIMELINE
The program's irnplementation tiIIleline is graphically sUl1u-narized below. The CGBC is
currently in a IS-day commem period, but once it is approved, the Chula Vista City Council
could also approve the code. Tne implementation of the Chula Vista Green Building Standards
could occur as soon as municipal codes are amended and adequate notice is given to the public.
The fact that the implementation and enforcement process ror building new structures is already
in place shortens the recommendation's implementation. Findings of Fact wouid need to be filed
with G1e BSe. Authoring and creation of fliers (builder, homeo'wner, building operator and
carbon reduction checklist) could be done by staff or outsourced. depending on capabilities and
time. In addition, Planning and Building Department staff will need to be trained on CGBC, the
Chula Vista Carbon Reduction Checklist, 2008 Title 24 code changes and ASHR.".E 62.2.
CCWG Implementation Plans (As Adopted by City Council)
July 1,2008
240f58
19-51
CCWG MEASURE #4: GREEN BUILDING STANDARDS
Implementation Plan Timeiine
PROGRAM MILESTONES
FebGS
. Aliept Communtty
i 5USlalr1abll~~' pWl'isian<
I 00<08
. Adopt c.araorr,RedU:lion
Senc~marl'~an)' GreBn
Slog CIJd~
,
,
I
I
I i
II
T'09
,
lV1a~ O~
. :-'rovld~ ',,<Jfi !;'illd~::;tr:1
l,aimng 0;, D~
Ii juiy08
J i 'Imf:lI8m,m\ l>1ewTrtle..!4
I
June '08
I
Ii
I I:...f.ml~
I 'Ada:;!: enham:gd
I ~~ j~r 711J~ dieclivE
I (latE
July '09
SeorGe
. Distribute Green tJulldillg
J.\,',ot;lrsnes5Ivlaterlals
I Dec 08
I' . ~11~ leoues. l~ <ldon:
Green Side St:mc:uc
I u. : . d .
" aoalefeEscr.eLJIe
'I to rafiect aaditionai PC
, S,lnsowr,rl;load
I Joo"B I
I ,PotentiaiAB::::
camollal1Ce
BUDGET & FINAi'iCING
Cost for carrying out t~e four main implementation components va.ry by component 8J.""}d 2.re
outlined below. Final costs and budget impiications will need to be determined and presented as
the various program components are finalized and returned ror Council action.
Building Carbon Reduction Benchmark Program-
The BuildiTlg Carbon Reduction Benchrnark Program does not require additional Dele:
inspections by Chula Vista inspectors so additional staff should not be necessary. Inspection
criteria and documentation~ however: will expanci requiring more time per project, Imormation
dissemination can ocem in printed form at the permiL counter, vendor and material outJets~ and
professional meetings. Information can also be distributed on the City website.
Early Green Building Code Adoption-
Staff will be working with our consultant, ConSoL to identify associated costs 3..TId will retum
those to Council when available.
Green Awareness Program-
Staffing at 15% or a Building Inspector ill: $22,500 armuallv
Outreach and awareness publications: $15,000 armually
CCWG Implementation Plans (.As Adopted by City Councii)
July 1,2008
25 of 58
19-52
The City ctu-rently has a grant application in under the 2009-11 SDG&E Partnership Program
funding cycle to cover these costs, and should hear back by July 2008 if we are successful.
Policy Guidelines and RegulatOlJi AlJIendments-
rne Plarwing Division staffmg cost estimate for implementation of tIle "Policy Guidelines and
Regulatory Amendments" is approximately $75,000. An additional $2,500 will be needed for
publications of revised documents, bringing the toral one time budget cost to $77 ,500.
CCWG #4 - Green BuDding Standards - Budget
City Staff $15,000 ,280,000
Consulting Services ,25,000 $20,000
Carbon Reduction Marketing ,20,000 ,5,000
Benchmark Program
Other Commodities ,15,000 $4,000
TOTAL ,75,000 ,309,000
City Staff $15,000 $280,000
Early Green Building l Other CommoditIes ,15,000 $5,000
Code Adoption
TOTAL ,30,000 ,285,000
City Staff I ,22.500 $22,500
Green .li,wareness Marketing ,20,000 $15,000
Program Other Com modities $10,000 I $5,000
TOTAL ,52.500 $42,500
CCWG Implementation Plans (As Adopted by City Council)-
July 1, 2008
26 of 5 8
19-53
MEASURE #5: SOLAR & ENERGY EFFICIENCY COl'iYERSlON
OVERVIEW
The City of Chula Vista Climate Gharrge Working Group's (CCWG) recommendation #5 urges
the City to facilitate widespread installation of solar photovoltaic (PV) systems, thermal sOlar
(hot water) and other non fossil fuel-based renewable energy options on commerciaL residemial
and mUIlicipal facilities by developing and implementing a reuewable energy conversion
program. As proposed, the "Solar & Energy Efficiency ConversIOn" (SEEC) progralTI is
intended to help the average residential and commercial consumer overcome institutional
barriers) upfront capital costs and tiTTle constraints to installing renewable energy. water
conservation and energy efficiency upgrades. The program provides panicipants a cost-
effective, less time-consuming installation and fmancing option for upgrading w'1eir homes and
facilities, while creating a sustainable economic stimulus aI1d job creation program for Cnuia
Vista. The program's primary componerrts include (1) Identifying the energy and water
upgrades that help reduce ratepayers monthly costs, (2) Executing a competitive bid process that
identifies participating contractors and establishes maximum prices and minimum warr3..L"lt)' and
service sta11dards, (3) aggregating participants geographically to harness their collective
purchasing authority and maximize the potential for installation efficiency and savings, 14)
Establishing voluntarv special assessment districts to provide particiDams ",'ith a financing option
to fund w1eir in1provements, (5) Linking local vocational job training in energy and water
conservation with focused business recruitment and (6) Updating municipal codes to encourage
renewable energy and conservation product installations and to remove institutional barriers.
The proposed program is graphically summarized bel 0 \,\.':
CCvVG MEASURE #5: SOLAR & ENERGY ",C'FICIENCY CONVERSION
Implementation Plan Summary
Sofar & Energy Efficiency Conversions (SEE C)
. .::.)rcvid~ cost-effestive insrallatlOn ane :lr1anclng cp:::c;:U,-il::es for re5icen!S
and businesses imerestec in energy efflciencv and solar energy retrofits while
crEa~ng an economic st.-nulus for tile c:lITIl1uniry
I. Promm8 the future inst3llation oi solar energy systems through revisions co
the municipal code
I
t
Aggregation Btocks
Identify Ener'!;')' Upgrac2S
'Ice:;tityene~ar;dwater
up graces ane pOL2r.tlal ener~;y
cos;:scrvini;'$
Competitive Bid Process
.Inlt:are a jici pmcessw qU<llify
contractors
ensure properwarrar.ty&
liability coverage
. Sln:3mline permitting and
inC8:1trve aoolication process
Aggregate Participants
. Geograpf1ical~/2GgreGa,e to
further lower cos:s
'E:;sure equitaoie oppcrtunities
for 311 imere:;,ed consumers
+
,
~
! Munic~oal Energy &
I Water Codes
. U:JdatlO '_Solar He! V~'e':er
I ?re-~lumClnt;;.cooetc' aDo
I ~a~.clflc:ty abm.1t orientabon
I c<sm:-1g
-Creete "Solar=le::".ric
I ?,:;-Wi,ktc. cc::e to
promote FUture instailaucn
.U::date Munic:calR
Z:mlng::::cesmref\e::r.
salarrec:uiremem:;
Assessment
Districts
Vocational Training
& Job Creation
.Particicants are a~le ."Q
finance 5E.::C rerroftts
::hrougn 3v81umaryfee
asses:smemwr:lc:-,i$accied
to ;::ropertr'taxrolls
. Wth 5outh'Nestem COllege
anc ioc3-1 high school dis;:ric:.
Ilnh'vCC3nonal'J"aininiOwith
.::-og:"3lT. implementation
.Useprogram as leverage
I ~ reC.-LlI( C:JniT.Jcrc,"S.
2Cluipmemvenoors&
.'713nuf2Cl.;nng .aciliries to
I Chula\ils~.
. ~se~'"71!mtf2eistax
deductible for partlcipan~
aroc rerrofi[~ do ,let trigg:er a
Ccunty properw tax
,eaolJralsal
CCWG Implementation Plans (As Adopted by City Council)
July 1,2008
27 of 58
19-54
IM:PLEJVrENT A TION
The Department of Conservation & Environrnental Services (CES) will administer the SEEC
Aggregation Blocks, Assessment Districts a.'1d Vocational Training/Job Creation COffiDonents
with support from the Fi.t1anCe Department, Office of Budget & Analysis and Office of
Economic Development. CES will also work with Planning & Building Depamnent to update
Title 20 Energy Conservation and Title 9.7 Water Conservation as well as related sections of the
City's Municipal Code. The implementation process for each component is outlined below:
AQ:greQ:ation Blocks
The proDosed program will geographically aggregate home and business owners who voluntarily
choose to retrofit their homes and businesses with energy al1d water efficiency upgrades and/or
install solar photovoltaic (electric) and solar hot water systems. By combining energy and water
efficiency upgrade options with solar panel installation. the consumer will be presented wi,,'>
options that minimize their total project cost, maxirnize their monthly savings and emphasize a
balfu'1ce of greenhouse gas (GHG) reductions and lifestyle choices (Appendix G). Aggregating
block areas will also allow staff TO naturally phase the program into the comInuniry on a block-
by-block basis and to adaptively manage its implementation.
CES will implement an open and competitive bid process to identify contractors, who understand
t..f]e required local installation standards and are committed to assisting staff market ,,"e
energy/water efficiency upgrades and renewable energy systems to interested property owners.
Although the contract for installation work will be between ,,'1e property owner and the City-
qualified contractor, the City will be able to add additional value to consumers by negotiating a
lower cost for equipment and installation, establishing minimum installation warranty, service
and liability standards, streamlining the contract, rebate application fu'1d permit process fu,d
SaVh'1g consumers t.~e time associated with researching, 3.J.'1alyzing and executing these phases of
their projects. Staff will work closely with the City Attorney's Office in establishing ,,'1e
specialized contractor bid process or similar approach and staff anticipates that participating
contractors will be qualified t..fJrough a 3cd party program such as the Califomia Center for
Sustainable Energy, California Energy Commission, US Department of Energy and US
ErivirooInental Protection Agency.
Initially, pa!1:icipating.contractors would be assigned to a limited geographic area. Contractors.
who demonstrate high levels of service quality, customer outreach and warranty support fu'1d
successfully meet [,'1e performance standards outlined in the competitive bid process, will be
permitted to expand into other geographic areas. Staff hopes to ensure that all geographic and
socia-economic sectors of the City receive equitable access to the program. The City will also
use aggregation to provide an incentive to ensure that equipment, materials and supplies are
purchased from a Chula Vista business that provides comprehensive warranty and service for
their supplies and equipment. Additionally, the City will use the competitive bid process to help
connect employers with the local vocational education program to foster growth in a new sector
of "dean technolog:i1: jobs 8..r.'1d further reduce tJ.'1e progr-am:s carbon footprint by facilitating t.l-:1e
Llse of local labor.
Assessment Districts
The City will offer participating property owners the option of fmancing the energy and water
efficiency and renewable energy upgrades through a voluntary fee assessment. Participating
CCWG Implementation Pians (As Adopted by City Council)
july 1,2008 .
28 of 58
19...,55
property owners would add ti'1e costs of investing in energy and water improvements to tbeir
property's tax roll (see Budget & Financing section for discussion of general bond issuance).
These costs will be paid back over time through semi-annual tax payments and cae.-1 be structured
to be offset by the energy and wateI' savings generated by the improvements chosen by the
participant. This process is designed to overcome the barrier of upfront costs for installing
renewable energy technologies which many mdustry experts and regulators have identified as a
significant barrier to broad renewable energy adoption. Participants would also have the option
of participating in the aggregation process and fundiL1.g the improvements on their OvVD..
According to d1e County Tax Assessor, the energy and water efficiency upgrades and renewable
energy installations proposed by the program will not trigger a property tax re-appraisaL
V ocational Training: & Job Creation
1, coordination with Southwestern College and the local high school district, staff will link
vocational training opportUnities \\rith the program's implementation. Specifically. contractors
qualified by the City to perform energy efficient upgrades and solar energy installations (as part
of G'1e SEEC Aggregation Blocks) will be encouraged to hire new employees from the vocational
education progra.rn as the program matures and produces qualified graduates. Staff will work
with the vocational education program, local contractors a.'1d local suppliers to establish
incentives in the bid and marketing assigmnent process to establish irlcentives for local hiring.
Staff will use the SEEC program as an economic stimulus and business recruitment tool for
Chula Vista. As previously mentioned, contractors qualified by the Ciry to perform installations
will be required to purchase related progranl materials a.'1d equipment through a Chula Vista-
licensed business. Staff will use the SEEC program as leverage to recruit solar and energy
efficient equipment installers, distributors and manufacturers to establish a "clean technology"
business division within Chula Vista. In addition to generating employment opportunities and
sales tax revenues) the new business' 5 proximity could lower overall equipment, installation and
transportation COStS and GHG impacts for SEEC program participants. Once the SIZe of the
Chula Vista and regional market potential is established, staff will re-contact renewable energy
fuld water energy product manufacturers and suppliers about establjshir~g manufacturing and
assembly plants within the Chula Vista and south San Diego County area.
Municioal Ener9:V and Water Conservation Codes
Chula Vista's Municipal Code (20.04.030) requires that "all new residential units she'!l include
plumbing specifically designed to allow the later installation of a system which utilizes solar
energy as the primary means of heating domestic potable water" (Appendix H). To maximize
the effectiveness of the "Solar Hot Water Pre-plumbing Standard," staff will update the code to
include additional language about site orientation and so lar access. StarT may also need to make
revisions to the City's Zoning Ordinance, accordk"1.g1y, To expand opportunities for the cost-
effective installation of solar energy systeTI1S in the future, City st~ff will also develop an
amendment to the MuniciDal Code's Title 20 "Energy Conservation" section in order to reauire
pre-wiriIlg for solar phot~voltaic systems in Dew ;~d remodeled residential units. The ~ode
amendment will include specific guidance about site orientation and solar access. In addition,
the code will complement sections of ti'1e Municipal Building and Zoning Code being updated as
part of CCWG Measure #4 (Green Building Standard) which will likely address passive solar
building design, new solar photovolt2ic installation, energy efficiency and green building
standards being promulgated by state and local agencies.
.CCWG Implementation Pl:L.~S (As Adopted by City Council)
hly 1,2008
29 of 5 8
19-56
PERFOR1VL~CE METRlCS
The results of this program will' be tracked on a project-by-project basis and summarized to
identify its "net" impact on the City's GHG emissions reduction goal. Specifically, the Solar &
Energy Efficiency Conversion program's performance will be measured by a suite of metrics
including the number of energy efflciency improvements. participating homes/businesses. solar
systems installed. renewable generation kilowatts installed and the corresponding k\\lhlT'nerrn
savings. Staff will also work with San Diego Gas & Electric (SDG&E) and the California
Center D:lr Sustainable Energy to quantify the number al'ld amount of incentive funds solicited as
a result of the program.
In the current greenhouse gas inventory protocol, the community's carbon emissions are directly
extrapolated from cit)T\-vide energy use, which is provided in an aggregated format by SDG&E.
Because the SEEC progr&.li will improve energy efficiency and/or replace grid-source energy
with on-site renewable energy, it will lead to overall energy use reductions in existing individual
homes and businesses that participate in the program. Because the program is voluntary and
Incentive driven, its fmal impact on cityWide "net" GHG emission reductions will depend On the
level of community participation and the effectiveness of other CCWG Measures (such as the
Green Building Standard) to ensure that future growth is carbon neutral.
TIl\1ELINl'.
Prior to enrolling interested property owners into the program, components #l (Aggregation
Blocks) and #2 (Assessment Districts) would first require establislh'TIent of financing
mechanisms and a contractor bid process which is estimated to occur in summer 2009.
Component #3 (Vocational Training) would be integrated as the program is launched and
implemented. Local educators have estimated tc':tat it would ta.l:e 2-3 years to establish a
clli--riculurn and matriculate the fIrst class of qualified energy efficiency/solar apprentices.
Finally, refining the current solar hot water sta.'ldard and creating a solar electric pre-wiring code
(component #4) would take approximately 3-6 rnontc':ts and would require the necessary public
notice periods and public readings before Council action. The program's timeline is below:
CCWG MEASURE #5: SOLAR & ENERGY EFFICIENCY CONVERSION
Implementation Plan Timeline
PROGRAM MIL=:STONES
Sept 'os JU~/'08 I Oct 'OS
.Orsft!Lpresentto . Secure bond am:!lo: I
Council solar code local rei: authamy tor . . Establish sp~cial
revisior.s financing 2::sessment ;:liSUlC::$
I I I
I I I I I I
I I I
Jut '08 June '09 June '10
! ':une'08 Aug '09 Se,:::t'08
.lmplementSolarHct .Inrtlatecontracor . Hire & train staff
Water pre-plumbing tiidprcces$ . Develop .omgram
requlremem materials
-Develop gUides for
SolarF'Vpre-wiring
CCWG Implementation Plans (As Adopted by City Council)
July 1,2008
30 of 58
19-57
BUDGET & FINAj\TCING
The SEEC progTarn) s implementation cost (exclusive of energy efficiency and solar energy
equipment and installation) is estimated to be $347,800 per year iIl staffing, supplies and
seriices. An additional $75,000 may .also be needed initially to provide resources to update and
create L'le aforementioned energ:i-related mUIlicipal codes. This program cost assumes fuli
funding of all seven CCWG measures and will leverage each measure'.s budget to provide partial
cost sharing of staff time and program materials. For example, staff enrollL.lg homes and
businesses in L'le Soiar & Energy Efficiency Conversion program will also promote the Turf
Lawn Conversion (CCWG Measure #7) program to property owners leading to lower
implementation costs for each program and increased program participation. A portion of each
measure's budget will also partially cover overall administrative and performance tracking costs
associated wiLl, the City's cl~"TI2.te protection efforts. The program's budget is outlined below:
CCWG #5 - Solar &. Energy ::fficiency Conversion Program - Budget
City Staff
$219,000
SEEC Aggregation
Blocks, ,A,ssessment
Districts & Vocational
Training'
1 nterns
S49,000
Marketing
SSO,OOO
Other Commodities*'"
$29,800
TOTAL
$347,800
City Staff $70,000 -
Municipal energy Codes Other Commodities SS,OOO -
TOTALI $75,000 ----
TOTAL
$75,000
$347,800
~Assumes cost sharing between CCWG Measures #3,5 & 7 Tor staff time & program materials
"'~8ucge, does not induce capital costs for solar & energy efficiency improvements (dependent .:on
participation leve!s)
To fund the program, staff is recommending that a combination of bond and local "fee authority"
funding be pursued. The bond would be used to cover the initial capital costs associated with
energy efficiency and solar retrofits for public/private facilities and will aliow this measure to
establish fuJ. economy of scale t.l-)at C2J.j maximize the benefits of aggregated aT1d competitive
purChaSh"1g to reduce consumer and City costs. A fee authority would provide long-term,
sustainable fiJnding for the program to supplement the initial bond authority and provide a
complementary revenue source to fund a portion. of the costs for transitioning to on-site
renewable energy at City facilities. Both funding mechanisms will also be complemented by
local, state and federal rebates, tax incentives and credits. In addition, carbon emissions
CCWG L'Ilplementatian Plans (As Adopted by City Councii)
July 1,2008
31 of 58
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mitigation or offset fees being developed through CCWG Measure #4 (Green Building Standard)
could be applied to the SEEC program to subsidize energy efficiency and renewable energy
upgrades at municipal facilities or within existing buildh,g stock preferably targetL'1g lower
income families and service institut~~ns (such as jow income housing, shelters etc.)
CCWG L-nplementation Plans (As Adopted by City Council)
July 1,2008
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]VillASURE #6: SMART GROWTH AROUND TROLLEY STATIONS
OVERVIEW
The City of Chula Vista Climate Cha.f1ge Working Group's (CCWG) recommendation #6 states
that the City should "facilitate' smart growth' around the H St., ESt. a.'1d Palomar St. trolley
stations." This recoml11endatlon embodies the fact ,,'1at smm growth is typified by a compact,
efficient and environmentally sensitive pattern of development that provides housing,
employment, service uses a.'1d public facilities in a mixed-use format ciose to transit and ot1er
modes of alternate transportation. This improves and promotes the ability to conveniently access
llses bv walking a,:1d!or transit, thereby reducing amomoblle use a.'1d the associated burning of
fossil fuels that contribute to greenhouse gas production. Transportation emissions represent
approx.imately 4glJD of the Chula Vlsca communjT)l~s carbon footprint, whereby reduction in
Vehicle Miles Traveled (VMT) through promoting pedestrian and transit friendly smart growr.h
environments. Ca..11 have a meaningfUL effect on carbon emissions.
The staff agenda report which accompanied ,,"e Climate Change Working Group's
recommendations also noted t1at Recommendation #6 would not require much fu..rther
implementation action because mixed-use, transit-oriented land use designations, policy and
zoning has already been incorporated into City planning doclhuents for the subject areas; namely
the updated General Pian (GP) and the Urban Core Specific Plan (UCSP). While those plans
have been adoDted, there are several work efforts necessary in order to move from those plans to
facilitate the envlsioned smm grow'.h development with the E, H and Palomar St. Transit Focus
Aseas (TF As!. Tne four areas of work presented in t'lls implementation plan include (I)
implementation of the UCS? through preparation of a framework plan for redevelopment of t1e
area around the E St. station, (2) completion of the H St. Corridor Study called for ill the General
Plan to address mOre derailed land use and transportation phuming provisions along H St. from
the trolley station east to Third Ave., (3) preparation of Specific Plans witbin the Southwest area,
and (4) other reiated regional efforts to prepare design studles for needed improvements along
the 1-5 corridor to serve the sites.
As described further in this document. some aspects of these four efforts are included in t.l-,e
current Work Programs of the involved Departments, while others will require p.uther work
program and budget authorizations by Council.
I.l'vITLEMENT A Tl 0 N
The Planning and Buildirlg Department will primarily administer the City's Smart Growth
plarming and zonirlg efforts outlined below but will need to work, and is 3.1ready working, in
parmership with the City's Redevelopment Agency and Housing Authority, Engineering
Department and others to develop and implement related plans; progralus and projects. The
implementation process for each component is 01.1:1ined below:
CC-VVG Implementatjon Plans (As Adopted by City Council)
July 1,2008
33 of 53
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CCWG MEASURE #6: SMARTGRO'lNTH AT TROLLEY STATIONS
implementation Plan Summary
--
Updated City Genera! Plan (Dec. 200S)
. PrQmot~ Sma!'", Growth and ir!::reii 0ri~rned Development. around
exisilng SInd ruture TrolleyJ8RT staiione, Clnd establishes hlgn density
end mixec..u:::e land use designar:JOn~ and supportivE'. poflcies.
I I I . .
I
"T V
i Urban Core Specmc H Street Corridor Southwest Specific O"'"<her ReJi1ted
Plan Impiementation Stu dy Plan(s) Regional Efforts
'prepare irsme'Narl: "Pund and :::onduct Urb.sn . Complete flrti ohase 01 'Identity and allocate City
ctevelopmer1l: plan Tor :::uoel- Land Institt..te fULI'1 Southwei United in Actier: match tunding 10 commence !_
blod aree eround E st. '[rolley collebormive desigrl charrette. progrsm currently under\~,'e\, 5: Corridor Stud)' ',",'it.~ SAND.fl,O
:;taiion. -Prepare s: rn ena mem::: to the 'Prep"are work progr::JITl and and C eltrans.
'''Gale;::y" proiect prcposw Generel Plan and/or UCSF' budgei iorCcuncil "Work with 3ANDAG/MTS to
unde; reViE:\"itor portion oiCit), tor considershon ba:::ed on consider8!lon to ur.der!ske a- rerine, c1~lgn< fully fund and
cOfporsiion yard site :;:outh 01 the charretle oui:comes Specific Plan for thE: PEllomar sd1edule trolley grade
!he2st ctation. -Complete t:xample 3-D Garew~" TFA TO lmplemeru separl3'[lon proiecrs tor both E
the GPU. st. and .""1 st.
'~:ample 2-D 1'1suaii::stlon \,js:uali::stion scenario uncle!
:::cendno under SANDAG S.!.\NOA(~ gran!.
grant.
I. lirban Core SDecific Plan Irrmlementation
E. Street Transit Focus Area I Galaxy ENA - The adopted General Plan identifies the area
surroundi.clg the E St. trolley station as the E St. Transit Focus Area and calls for high
intensiry mixed use development within the superblock between 1-5, F St., Woodlawn Ave:
and E St. The area was subsequently zoned as part of the UCSP's liC-IS District. V1Thile
much of t..foe land area is owned by the Ciry and MTS as part of the City' s old corporation
yard and trolley srarion site respectively, t'Jere are several other privately held parcels.
Successful redevelopment as a high intensit'j TF A will require joint coordination and
planning for matters such as infrastructure, crrculation, site design, buildi.clg massing, and
parking.
The Chula Vista Redevelopment Corporation is currently under a 120-day Exclusive
Negotiating Agreement with Ga\ax)' Commercial Holding, LLC to explore a transit-oriented
development project on the Cirj's former corporation yard ("Corp Yard"') located
unmediateiy adjacent to the E Street Trolley Station. A premise of t..foe ENA and
development of the Corp Yard site is that they will create momentum and market confidence
for private investment in the rest of the E Street Visitor Transit Focus Area ("TF A"). The
ENA requires a Comprehensive Site Design Study to consider such factors as the City's
adopted land use plal1s and policies, adjacent land ownerships and property interests in the
subdistrict, parcel configurarions, circulation and traffic patterns, environmental factors,
plans for regional transportation facilities, Bayfront planning and redevelopment activities,
and public input. The Study will also include proposed Floor ,""rea Ratio ("FAR")
distributions, phasing strategies and pedestrian and vehicular circulation patterns on the
Property and surrounding properties within the liC-15 Subdistrict, along with site plans
CCWG Implementation Plans (As Adopted by City Council)
July 1,2008
34 of 5 8
19-61
depicting Developer's proposed development scenarios. S~aff is currently working with
Galaxy on the Study and h'leir project development proposals which are due between now
and mid-July 2008 when the current ENA period expires. Based on progress oftbe work, the
Agency wili then need to consider whether to eA'tGnd the ENA.
2-D Visual Simulations of E Street. TFA - As part of S,6J'illAG' s Smart Growth
Implementation program, h'1e City has recently received grants for the preparation of
computer visual simulation models for both h'Je E Street TF A and the H Street Corridor.
Under the grants, SA,'1DAG's consultant Urban Advfu"1tage will prepare a computer
generated visual simulation of urban redevelopment of the E St. TF}L From a chosen
vantage point at E St and Woodlawn Ave., the computer simulation will depict photo-
realistic phased development intensificanon of the area consistent with the GP and UCSP
visions. The simulation will 2.ssist staff in working vVlw.1. t.~e public and decision makers to
better envision and undersclnd how urban redevelopment of the sIt:e may look, particularly
from the standpoint of building massing and buildirlg heighLS
Initial work by the consultant Urban Advantage has been completed, and staff is currently
reviewing a draft of t.i-Je modeling work. A fmal product will be available by July 2008.
2. H Street Corridor Stud,'
Urban Land Institute Program - The December 2005 Genera! Plan designates t,'Je H St.
corridor between the H St. trolley station and Third Ave. as a Study }uea. H St. serves as the
major commercial and office corridor connecting the Bayfront and the H Street TF A with the
dOV\'iltown Third A venue area. Considering tt~e large property ownerships and potential for
expaJlsions and redevelopment involvh,g tbe South Coumy Court House, Scripps Hospital,
Chula Vista Center, and a new hoeel/convention center on the Bay From, H Street provides
great opportunity for revitaiization. VYhile the General Plfu'1 and UCSP provided a
frfu"TIework, they did not provide a cohesive road map to physically and economically
proceed wiu~ actual redevelopment including land assembly, parcel conilgura.tion,
envlronmem:al factors: floor area ratio (F il......R) distributions~ Clrculation and traffic patterns:
and plans for regional transportation facilities.
In order to move development efforts forvvard. the Redevelopment Agency is currently
pursuing sponsorshIp of ati Urban Land lnstitute' s CULI) panel that wiil bring planning and
real estate experts to Chula Vista to conduct a five-day Advisory Services Program. The
Program will USe a public charrette-type process to identify and address relevant
issues/chalJenges: and provide an implementation strategy for the revitalization of the
Corridor. From staffs perspective, t..t-:le process will playa key role in working to bring the
community together on a workable vision for pursuing projects withm the Corridor. Staff
will be coming fonvard to the Agency on .lull' 22, 2008 to appropriate $120,000 to fund the
UU program, If approved, the U1J program is currently anticlpated to take place the week
of October 12 - ] 7. 200g.
Potential Genera! P,an and/or UCSP amendments - Dependent upon t.loe outcomes of the
ULI progr&il, it may be necessary to undertake revisions to the General Plan and/or UCSP to
effect land use arId regulatory changes to support desrred redevelopment. Following tbe
October session, staff would need approximately 45 days to develop a work program for any
CC'vVG L-rnplemeotation Pians (.t\s Adopted by City Council)
July 1,2008
350f58
19-62
potential GF aIJdJor UCSP amendments, and could return to Council in January 2009 to
present that. Dependent upon the nature and extent of t'1e potential amendments, it could
take 6 to 9 mon-u'1s or more to complete them, with staff reruming for Planning Commission
and Council public heac'ing con~ideration or amendments beginning no sooner than Fall
2009.
3-D Visual Simulations of H Street Corridor - As noted above, the City also received a
Siu'IDAG grant for consultant Urban Advantage to prepare a photo-realistic visual
simulation of a redeveloped H Screet corridor. Staff currently intends to tie the visualization
work to completion of the UU effon, whereby the Si\NDAG modeling efforts would
incorporate land use and building form outputs from tl1e ULI charrene, and provide 3-D
visual imaging of the potential redevelopment or the Corridor to enhance public
understanding and build support for subsequent planning and project work. Staff has already
begun work with Slu'IDAG's consultant wit" regard to their scanning and input of base
informatlon of existing condi-oons. Completion or the modeling would take place during
November and December 2008.
3. Preaaration of Soutbwest Saecific Plan(s)
With regard to the Palomar Gateway TFA, ~;,e General Plan calls for t.'1e preparation of a
Specific Plan or ot.'Jer comprehensive zonmg and design tool to carry out urban revitalization
and redevelopment within tfJe TFA which includes the Palomar croliey station and
surrounding areas. The General Plan also identified the need for Specific Plans in sevenl
additional locations within the Southwest PlannL."1g Area. While current Planning and
Building Department work programs generally identify Ihe need for t;,ese Plans, there is not
available staffing, consulting and budget resources available to prepare them. The shaping of
those work programs and budgets will also depend on whether one overall Southwest
Specific Plan is undertaken, or as staff currently envisions, the preparation of individual,
smaller Specific Plans focused on particular areas such as the Palomar TFA.
Southwest United in Action program priority setting - Prior to proceeding with further
detail work program and budget placil"1ing for Specific Plans, staff is currently engaged in
completing the first phases of the Southwest United in Action (SUA) program to gauge the
range of community issues, and related community priorities. Initial community inputs on
issues were solicited at a Community Convention on March 15, 2008, and staff will be
holding a second Community Convention on June 21, 2008, to sollcit input on action items
that are most important to the communirj, including preparation of Specific Plans. Staff will
subsequently return to Council by fall 2008 to present communirj priority inputs.
Palomar Gateway TFA Specific Plan - Should the comIIJUnity identify a prioriry for
preparation of this Specific Plan through the above SUA work, and upon subsequent
direction from tbe Cirj CouDciL st8LLf will prepare a work program and budget for a Palomar
Gateway TF A Specific Plan for review and consideration by Council. Some work towards a
Specific Plan for this area (entitled the Palomar Gateway Conceptual Design Study) was
prepared during the General Plan Update, and could be used to jump start the effort. If Plan
preparation is identified as a community priority, and supponed by Council, it would take
approximately 60 days for staff to return with a work prognuD and budget proposal.
Assunling Council considers and provides direction on community priorities by the end of
CCWG Implementation Pian$. (As Adopted by City Council)
July 1,2008
36 or 58
19-63
2008, staff could return the work program for consideration by March 2009 as part of the
FY09-] 0 budget proposals. If approved, preparation of a Specific Plan would take
approximately 12-18 months and could commence after July 2009.
4. OLl,er Related Re~ional Eff6rts
There are also t\\'o major regional efforts that must be undertaken fuJd completed In order to
ultimately develop and build out the smart growth land use alans and intensities for the
trolley station areas. particularly those at E St. and H St. These include undertakillg the 1-5
Corridor Study with SANDAG, and securiIlg a funding program for the grade separation of
the trolley crossings at E and H Streets.
1-5 Corridor Study - This Corridor Study is a needed prereqmsite in u'1e planning and design
of future transponation improvements along the 1-5 corridor necessary to ultimately serve
development in western Chula Vista al1d the Bayfront. The improvements would encompass
highway travel lanes, HOV and transit, as well as reconflguration of ramping. u'1e bridge
decks, and grade separation of the trolley crossing at E and H Stre~ts. Considerations for one
component affect the rest, and the Corridor Study serves as a mechanism to review and
address the interrelalionships prior to proceeding with the next phases of deSIgn.
Staff began meetiIlg almost two years ago with SANDAG regarding the scoping, cost and
timing for the work, and has since developed a work progralTI and budget wit.1o Si'\.,""'DAG a.c,d
Caltrans. The Study has a matching component for Chula Vista. Staff has beeL working
with Congressman Filner's office over the last year to see through legislation that was
approved on June 6, 2008, that redesignated apptoximately $2 miIIion in federal SAfETEA-
LU funds to cover our matching component. Si\NDAG, Calrrans and City staff wiit now be
refining (,Ioe scope of work. The Cot7idor Study project was defined as a project in the
Western CV TDIF program approved bv Council in March 2008. The 24-month Study will
comrnence in FY08-09, with completion amicipated by FY 2010-11.
Trolley Grade Separation funding - Grade separation of l'1e trolley crossings at both E St.
and H S1. will be needed to accommodate urban development intensificatIon in western
Chula Vista by allowing traffic to access and cross 1-5 absent the Cllilent impedhllent of the
trolley gates. This also affects the design for redevelopment at both of these TFAs. COSeS for
the separations are esth-naled at $36 million- for H SL and 5;40 milljon for E St. SA1'IDAG
has identified funding for approximat:eIy 50% of the costs, .vVhiJe 28~~ of t..l-:1e costs are
identified as ultimately being funded through the WCV TDIl' approved 01' COLlL,cii in March
2008. Staff is cut7ently working with SA.NDAG to make grant applications to the State for
additional funding: and requires a letter of approval from the 1vlayor to make the appiicat:ion
that is due by June 19, 2008. Notification of any graIlJ awards is anticipated in SepL/Oct.
2008, and staff will report back to Council at that time. In 'G~e event that sufficient grant
monies are not received, staff will need to work with the Council to identify and pursue other
sources.
ccwe Implementation Plans (As Adopted by City Council)
July 1,2008
37 of 5 8
19-64
PERFOR.lVlANCE METRICS
Given t.'Jat the items under this Implementation Measure involve proposed planrling aDd project
efforts, the performance metrics would be completion of each of the above identified planning
and srudy components.
TLi\1ELINE
Following is an uvervi""" of milestones associated with each implementation component
pursuarlt to the prior discussions and reflected in the accompanying time line graphic:
CCWG MEASURE # 6: SMART GROWTH AROUND TROLLEY STATIONS
implementation Plan Timeline
JU~r 08
PROGRAM MILESTONES
. Comolete t.: St. n=e.
c.omprctlenSiVE Design
Stuey
'CompietE: initial GalaX).i
SltE plantar old Cor;:>
'L3rdsit:e
.c.onsiderwhEThe~ro
ext2nd Gaizxy :::NA
Oc~. DB
. Gr<3de sepal<ltion
gran;: no'Lification
I I\JOltluec08
1 :. ~[! \I~\Ja~i;:3.tion for H
i ~1Tee!:'_omaor
,
,
I
I
Dec. DB
. Conduc! UU H St Studv
July 'O~ I Sept. 08
-Stan 24-month ~-5
Corridor Study
I
[
J an '09
I
~uly '09
,
I FY08-!O I
. ?repare Palomar!?:"
I Soecific Flan
I JulyOa
I.p,eouest~ !:l.gencvto
1 fur,d K St. ULI St\JQV
DeeD8
. C.ouncil action on SIN'.jl:"
pr.orities
July 08
! l\liar08 I
I. Woek pmgcom & budg" I
. Tor F'alom3i 13:mway SP
. :=: St. 2. 0 visual :;imulauon
, ~om 5.l..NO,<>.G
Implementation component #1 - the E St. IT A Framework Pian is due to the City from
Galaxy by mid-July 2008 per the current ENA. This includes their development of an initial
site plan for development of the City" s prior corporation yard site. If more time is needed or
desired, the Agency would need to extend the ENA. The 2-D visual simulation work with
SivwAGwill be completed by July 2008.
Implementation component #2 - The request for Agency funding of the liLI Study will be
brought forward on July 22, 2008. If approved_ the UU activities would be conducted during
t~e week of October 12-17, 2008. Based on outcomes of the ULI efforts, any desired
General Plan and/or uesp amendments would take a minimum of approximately 6 to 9
momhs to complete, with the earliest hearirlgs starting in fall 2009. Per agreements with
CCWG Luplementation Plans (As Adopted by City Council)
July 1,2008
38 of 58
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SANDAG, L"e 3-D visual simulations would follow the ULI work, and be completed by
December 2008.
Implementation comDonent #3 - If-identified as a community priority through the SU A. work
by August 2008, the earliest a work program and budget for a Palomar Gatewav Specific
Plan could be returned for Council consideration would be November 2008. If authorized,
preparation of the Specific Plan would take 12 to 18 months. Assuming a January 2009 start,
the earliest time for completion would be spring 2010.
Luplementation component #4 - Work program and funding clarifications with Si'I..NDAG for
the [-5 Corridor Study are anticipated over the next 2 months. wit."! the Study getting
underway in FY2008-09. The 24-month Study would be anticipated for completion some
time in FY20[0-11. State grant applications for trolley grade separation funding are due
June 19. Notification on grant awards is currently scheduled for SepUOct. 2008.
BT.JDGET
Costs associated with carrying out implementation are comprised of several components, some
of which are funded and budgeted, and others whicb wil! require furure budget and funding
considerations as follows:
Imolementation comnonent #1
Galaxy Framework Plan and Corp Yard Site Plan: privately funded.
2-D Visual Simulation; SA..N"DAG consultfu-n ser<'lces (grant)
ImDlement2-I10n comoonent #7-
ULI Program; $120,000 funding to be requested from Redevelopment Agency.
Potential General Plan or USCP amendments; costs unknown pending outcome of UU
program. Partial Redevelopment Funding possible. otherwise will be Genera! Fund
request.
3-D Visual Simulation: S;\J-,'DAG consultant services (grant)
Imolementation comoonent #3
Southwest United in Action program; approved Redevelopment Agency funding.
Palomar Gateway Specific Plan: estimated $250,000 for pl,uming, $250,000 for EIR to be
sought at a p~ture date when work progrfuil and budget presented. Partial Redevelopment
Agency funding possible, otherwise will be General Fund reguest. State law aliows for
reimbursement district to be formed encompassing parcels wifuin the Specific Plan.
Some 2:rant funds mav be possible. but have not vet been identified.
~ .J. _ .J
ImDlementation component #4
1-5 Corridor Study; $1.987 million in federal pJIlding approved June 6, 2008. Balance of
costs by SAt'IDAG.
Trolley grade separations; Cicy WCV TDlF to pay 28% of costs currently estimated at
$18.344 million for both E and H St. Should cost estimates rise, adjustlTIents to the
WCV TDIF would be necessary. SANDAG to pay 50% of project costs. Balance of
funds currently being sought via State grants.
CCWG Implementation Plans (As Adopted by City Council)
July 1,2008
39 of 5 8
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CCWG #6 - Smart Growth Around Trolley Stations - Budget'
UCSP
Implementation
E Street
TOTAL
ULI Program $120,000 --
H Street Corridor GPfUCSP Amendments --- -
I Study Simulation -
--
TOTAL $120,000 I --
Palomar Gateway SP I $250 000 --
Southwest Specific EIR I $250,000 -
Plans
TOTALI $500,000 I -
1-5 Corridor Study I -- I -
Other Related Trolley Grade Separations I
Regional Efforts- -- -
TOTAL --- I -
TOTAL
$620,000
* These projects' costs are necessary to implement the Council-approved General
Plan & Urban Core Specific Plan and would be incurred whether or not the CCWG
Implementation Plans are approved
** The City has already secured approximately $20.3 million for related regional
smart growth efforts such as the 1-5 Corridor Study and the Trolley Grade
Separations (E St. & H St.)
CCWG Implementation Plans (As Adopted by City Council)
July 1,2008
19-67
40 of 58
lVIEASURE #7: TURF LAWN CONVERSION
OVERVIEW
The City of Chula Vista Climate Change Working Group's (CCWG) recommendation #7 states
that the City should "coordinate with Otay Water District, San Diego County Water Authority
and tile Sweetwater Authority on turf lawn conversions for commercial and residential
properties." The measure was intended to help residents and businesses replace rurf lawn areas
with drought-mlerant plants (commonly referred to as "xeriscape" or "California-Friendly"
landscaping). Pumping and treating water throughout California requires large 8.ITlounts of
energy and subsequently is a major contributor to greenhouse gas emissions. The proposed
outdoor water conservation program complements the local water districts' efforts and builds
upon the City's existing NatureScape program. Specifically, tile program's components include
(l) continuation and expansion of the NatureScape program to promote water conserving and
nature-friendly landscaping, (2) coupling of residential and business turf lawn replacement with
the solar conversion aggregation block process (Measure #5), (3) converting select municipal
facilities to low water use plantings and irrigation, and (d) updating various municipal landscape
regulations and guidelines to comply with new state requirements and further promote outdoor
water use efficiency. Components #1 and #2 would be voluntary and would be available to all
Chula Vista residents and businesses, while Component #3 would apply only to City properties
and rights-of-way. Component #4 would apply to new developments Llu-ough updated municipal
regulations. The proposed outdoor water conservation program is graphically surrunarized
below:
CCWG MEASURE #7: TURF LAWN CONVERSION
Implementation Plan Summary
I
Outdoor Water ConseNation Program I
. PromC[es to,e replacement of rurf lawn areas witillNater-Sa\~ng plailt:3 i
and IlTigallon systems I
I
~ ~ ~ t
NatllreScape Residential & Business Municipal FacNities Landscape
.On-slt:::a:;sessmentb'-/City Turf Conversion Turf Conversion Regulations Update &
st:m at .<10 20sr D ev:::!luan:, . ",ggreg:3te r,omesand . Convert turf lawn arees <:It Outreach
whether landscaping meets businessesintereS::2dln seiectmunicioal site~ to . Re\i18w ar.d eV3lu3ti~n of
"SacKyard Wildlife H3bttat" and re::Jlacino1NatEr-thlrstytL:rf lawn water_V\<ise plants and new Ov'l,'R Ivlodel Landsc:3fJ8
'N3tercanser,,-ation c:ntena are-as (in ::onJur.cticnvvith Solar lITIgation systems Crdinance
.':::ducation at:outadditional Conv~rslOn P~ogram - CCIVG '?ou:nnals~sinciuce 'Upoate MuniCipal Lands:arc.e
water-s3ving Oppoftl...:r.itiesand lv1e:'lsure#7:) muniCipal parks, median~ and Manual & Water ConseriatlOr.
applicabie Incen1Jves .Cityillitia!eo; a centractor'bld pui:Jiicnght_otw3y P:ar: Guidelines ac:::orllnglyfc~
. Certrfied sites are ;:Jr1:;vided a prDcessto Inst3il'>'{ater-Wlse Cauncll review
Narional Wildlife Fe::ieration planrs and irnga!lOn systems fo, .=ducate.~sldents,
varc sign and :::eraficate aggR[;jate~prcperties '::JlIsinesses,contractnr::;,
. DemoristratlOnsrtescreatec .Par:icipar,ts ccsts reduced ceYeicper~ and :-10."-s about
i:t1roughoLtcommUnlty through aggreg3t:on :'!nd City newlanoscaperegulations and
enC;L1respmperwarranty'anc ,4a1881
purcnase of plants and .Prcmction ctNatureSc2pe
er;;wi~mentloca!1y and Tur;'Cor:version
.Partic:pants also have cptJOn Aggreg3tlCln 5locksprugr:Jms I
ofre'TIlfrtDng interiorraucets arid to 1-iOAs 2ndtheif res:cents
tDll~ts atred~ced prices
,
CCWG Implementation Plans (As Adopted by City Council)
July 1, 2008
-11 of 5S
19-68
IMPLEM:ENTATION
The Department of Conservation & Environmental Services will administer the NatureScape and
Residential & Business Turf Conversion components, while the PlanIling 6'.: Building
Department and Engineering DePartment will coordinate the update of the City's landscape
regulations. In addition, the EngIneering Department will coordinate the Municipal Facilities
Turf Conversion. All departl11ents will work closely together to implement outreach and
marketing efforts to maximize the program's cost effectiveness. The implementation Drocess for
each component is outlined below:
NamreScaDe Certified ProDerties
The current NatureScape program works to promote nature-friendiy gardening and
landscaping throughout the community by educating property owners and "certifying"
their properties. Specifically, residents and businesses that volunta..-i]y elect to participate
in the program receive) at no cost, an an-site assessment by a City staff member who
reviews their landscaping for the presence of food, water and cover for wildlife and the
incorporation of "vater-conserving features such as low water-use plaIlIs, mulching and
water efficient irrigation. Staff also educates participants about possible water-saving
improvements and available incentives and rebates, if applicable. Residential or business
properties who successfully meet the program's criteria are certified through the National
Wildlife Federation's "Backyard Wildlife Habitat" program and receive an aluminum
yard sign and certificate. The current program was developed a..'ld is being implemented
with the support of Otay Water District, Sweetwater Authority, Chula Vista Garden Club,
Bonita Vaney Garden Club, UC Master Gardeners and the Sou"J:', Bay Y}viCA Earth
Service Corps.
As part of CCWG Recommendation #Ts implementation, the current NatureScape
program would be continued and expanded through additional staff and program fundi.tlg
for supplies and services. The new program would reach a broader audience through
comprehensive ill2..rketing efforts and produce greater water savings land related energy
savings) through increased staff technical support and progra.."- participation. The
program will also engage the community through creation of water-savL!g garden and
landscape demonstration sites at various cOliTmunity locations. The program would
continue to collaborate closely with .the local water districts to leverage reSOl.lTCeS and to
increase the program's cost effectiveness adding value for participants. The program's
goal is to be the community with t,'1e highest number of-certified properties in the United
States.
Residential & Business Turf Conversions
Similar to the Solar & Energy Efficiency Conversion program (Measure #5), the
proposed program will aggregate existing homes and businesses who are iilterestec in
replacing portions of their turf lavvn areas with water-saving piant pa1ettes and irrigation
SYSTems. Through a competitive bid or negotiation process, a single or multiple
contractors will aSSIst City staff in enrolling interested property owners and installing
more water-efficient landscaping. By aggregating the pa..--ricipants, the City will be able
to negotiate a lower cost (on a per square footage basis) for program participants. Staff
will also be able to help reduce participants' costs by streamlining the application process
for applicable incentives offered through Otay Water District, Sweetwater Authority, Sa..,
CCWG Implementation Plan, (As Adopted by City Council)
July I, 2008
42 of 5 8
19-69
Diego County \Vater Authority and the Metropolitan Water District of Southern
California.
The aggr-egated bid process Y\~ll allow G.~e City to ensure that the contractor is using
appropriate plant material -and irrigation equipment purchased from a business located
with~, Chuh VisTa, providing a comprehensive warranty for their supplies and services
and following proper municipal landscape plan approval procedures. To furrher
maxim.ize water use efficlency, panicipating businesses and homeowners may also elect
to n::.ve t.l,e contractor replace old interior water TIxtuIes a:.'1C toilets Wi~1 new water-
saving models (see Measure #5). This approach satisfies real estate and developer
representatlves' request to not use cha':-lge of property ownership to trigger mandatory
retrofits o_f indoor plumbing fLxtur"es.
Municical Facilities Turf Conversions
The proposed prog,:-am ai.c--ns to re;:llace turf lawn areas at select municipal sites with
water-saving plants and irrigation systems. In'addition to reducing the City's water costs.
the re-Iandscap~d areas will furrl1er provide a public demonsU"arion of water-conserving
laI1dscape design pri.c,ciples and may reduce landscape maintenance costs. Selected
municipal sites would be limited to turf lawn areas which are not actively used by the
public for recreation and would potentially include cenain rnu..lJ.icipal buildings: park
areas, medIans and public rights-of-way.
Landsca~e Reg-ulations UDdate & Outreach
By January ], 2009 the Deparrment of Water Resources (D\NR) will be releasing an
updated Model Landscape Ordinance, which outlines statewide water-conserving
landscape deslgn criteria. Local governments will be required to adopt the model
ordinance or develop a new ordinance that is at least as effective as the statewide model
ordinance by January 1,2010, The ordi.c,a"ce would generally apply to landscaping for
aU Dew developments over 2)00 ft2 iLl area a.l1G to re-Iandscaping or some existing
properties (certain properry types are exempt), and would base design thresholds on a
maxiillUm v..:ater allowance.
Outdoor water use throughout Chula Vista is mainly regulated through the City's
Landscape Manual which outlL.Jes landscaping and irrigation requirements for all public
projects and certain private projects and the \Vater 'Conservation Plan Guidelh"leS which
outlines water-conserving measures that need to be integrated into Sectional Planning
?.rea (SP/I.) Plans, Tentative Subdivision Maps and major development projects wiLl] at
least 50 dwelling units or equivalent water demand, The proposed program would
provide funding for City staff to update these existing municipal regulations to meet and
potentially exceed the new staIewide 1vfodel Landscape Ordinance. The updated
regulations would sU"ongly emphasize additional outdoor water savings by further
min.imizing turf lawn areas, using water-wise plant types and installing weather-based
and low-water irrigation systems.
The prog,:-am component will also involve actively educating Chula Vista residents,
businesses and developers of the new landscape regulations. Outreach efforts will also
helD disseminate irlformation about California Assemblv Bill (AB) 1881 which made it
" ~
CCWG [111plementation Plans (As Adopted by City Council)
July], 2008
43 of 58
19-70
unlav...rful for homeowner associations that .rUTl COffiInon interest developments to restrict
the use of low water-using plants through covenants, conditions and restrictions (CC&Rs)
if the plants meet maintenance standards. Although the new law has been enacted,
residents continue to face challenges in obtaining approval from HOAs for the
installation of low water-use-plant palettes and many HOAs remain unaware of the new
legislation. .Associations will be informed about A.B 1 88 1 and will also be encouraged to
participate in and promote the City's water-saving programs to their residents.
PERFORlYf.A1"iCE METRlCS
The program performance for all four components - NatureScape, Residential & Business Turf
Conversion, Municipal Facilities Turf Conversion and Landscape Regulations Update - will be
measured by a suite of metrics. The NarureScape and Residential & Business Turf Conversion
components will be assessed based on the number of participants, square footage of landscaping
certified/converted arId the resulting estimated water savings. The Municipal Turf Conversion
component will also be evaluated based on the square footage of landscaping converted and the
estimated water savings. Actual water savings from program implementation may also be
quantifiable through the assistance of the local water districts. The Landscape Regulations
Update wiil be evaluated based on its incorporation of new water-conserving landscape design
elements that comply with new state regulations, if approved and implemented by City Courcil.
In relation to the City's CUIrent greenhouse gas (GHG) inventory protocol. emissions from water
use (l.e. energy used to import, treat and dispose of water) are not directly quantified, rather the
protocol only includes emissions from enei'gy associated with locally pumping and treati.rlg water
wir,'lin municipal boundaries. However, City staff will be able to estimate the program's carbon
reductions based on the California Energy Commission's kWh per gallon conversion factor
curremly in development. Likewise, staff is now wOIking with the California Air Resources
Board, ICLEI and the California Climate Action Registry to develop new local government GHG
emissions protocols which would L.'1tegrate water use L11to emissions estin1ates.
TIMELINE
Component # I (NatureScape), #2 (Residential & Business Turf Conversion) and #3 's (Municipal
Facilities Turf Conversion) implementation could be commenced within a few months after
receiving Council approval and the necessary funding. Finally, t'le Landscape Regulations
Update (#4) could commence iTlli-nediately, but would require evaluation of DWR's model
ordinance (released on January 1, 2009) before development of a City-specific standard and
revisions to the Landscape Manual and the Water Conservation Plan Guidelines (estimated to
take 6 months) could occur. iIl addition, Council action on a new landscape ordinance, if
deemed necessary, would require public notice and public readings before formal adoption. The
program: s tiIneline is sUIfullarized below:
CCWG Implementation Plans (As Adopted by City Councii)
July 1, 2008
44 of 58
19-71
CCWG MEASURE tn: TURF LAWN CONVERSION
Implementation Plan Timeline
-
-
PROGRAM MIL:STONES
Jar: 'OS I Ju~ 'cs
i I' ,:>resent Council new\l\'3ter
j. S~cur= financinr;; for /:::cnser-,-:;monPiar.,Lancscaoe
i~rog~m::: Manual it ;:lIJssiole ormn<lnc=
I I
I r r I I
r I I I I
July '08 Ja~'09 Juiy 'OS
I
, . I i Fe!: '09 I Mar 'as
i J:m09
l-geginev::aILmionor I 1'lnitiatecontr3:.t::Jrbid -Hire & tram staff
. ?\'\I:: Moo~i unoscace I IP;ocessfor sommunlty for l\larureScaae &
10r::rnzn:e I Ihwnconversions !::otT.I.lunn::y'iawn
I ):::anver:;ion
!":omm=ncecesign
I wor\< on mUllicipal rurf ] program
l::::mve::;,onpro.le:t:::
BUDGET
The aili'1ual program costs 2.ssociated \',l!tn the NatureScape alld Residential & Business Turf
Conversion componerrts combined are $202,800. It is estimated tbat the Municipal Facilities
Turf Conversion would cost $300,000 arlfluaIiy, wbile the Landscape Regulations Update
component is estimated to cost $ j 56,380. Tbese cost est;,-nates would cover all personnel,
supplies and services. Tnese program costs assume full funding of all seven CCWG measures
and will levera.ge each measure's buci.get to partially cover administrative and performance
tracking costs. V\1hiie components #1 a"d #2 would need fundirlg indefinitely to maintaii"l them,
tbe Landscape Regulations Update component would only continue until the ordinance was
developed and possibly adopted (approx.imaely througb CY 2010). However, the State's
proposed Model '0/ ater Conserva6on Ordinance includes a requirement for ongohJ.g COElffiUnlI)'
water auditing gei1erating a need for an extra Open Space Division staff person estimated at
$202,350 arrnuajly. The Municipal Facilities Turf Conversion would continue only umjj all
selected sites bad been re-landscaned with water-saving Dlants and efficient irrigation svstems.
.I ~ . ..... ~
Implementation costs would be partially offset by available watec district 4"1centives. In addition,
municipal water cost savings would average apprOXLilately $7,900 annuaily for every acre of turf
lawn area converted to wEter-wise landscaping. There are potentially a variety of possible
funding sources for Measure #7 iIlcluding a carbon offset fee, francbise fee, local fee autbority
and a general obligation bond. Tne program's budget is outlined below:
CC\VG Implementation Plans (As Adopted by Cirj Council)
Juiy 1,2008
45 of 58
19-72
CCWG ~7 - Outdoor Water Conservation Program - Budget
NatursScape,
Residential & Business
Turf Conversions'"
I City Staff
II nterns
Marketing
$88,000
$49,000
$20,000
Other Commodities
$45,800
TOTAL
$202,800
City Staff - $50,000
Municipal Facil1ties Turf Other Commodities - $250,000
Conversion
TOTAL I -- $300,000
. .' ICitYStaff $156,380 I $202,350
Lanoscape Regulations
Update I TOTALI $156,380 I $202,350
TOTAL $156,380 $705,150
TAssumes cost s"r.2r1ng between CCWG Measures #3,5 & 7 for staff time & program materials
CCWG Implementation Pians (As Adopted by City Council)
july L 2008
46 of 5 8
19-73
OVERALL PROGRAJ'rI ADMINISTRATION
FINANCING OPTIONS
To fund the program, staff has_ id-entified and analyzed a variety of fmancing options
(suITh'TIarlzed in Table 3) to support the seven measures 3.:.1d t.'-leir budgets eSti.l'71aled at
$1,479,380 in one-time costs and $2,419,150 in annual costs. Tnese budgets include costs
associated with staff tLrne, materials and contractor services to impiement t.'1e prograUls 2.5 well
as capital improvement projects. Adci.ilional COStS associaled wit."1 providing upfront capiral for
residents and businesses to install renewable and energy-effIciency improvemems (Measure #5)
is not included and would be deDendem on t.~e level of commUnlT"V Drozram DarticiDatlon. but
. J" _ " . .
could easily reach $50,000,000 over 5-10 years (assumes 5,000 homesfDusinesses participating aI
S 1 0,000 per property). If additional funds are not secured, there wouid be SIgnificant
Ltupiications on t'-1e level of implementation possible for t..~e seven measures (Table 4).
As a result: staff is recommending that the City pursue a v8J.--iety of fundLig sources to meet boG.~
the long-terrn) ongoing program management costs as well as G.'1e shon-term, large upfront
capital improvement costs required to irnplement the seven measures. Sustainable~ ioeg-term
funding could be secured through establishment of 2. ~;loc2.1 fee authority:' and/or incre2.SL.:g the
City's energy franchise fee. A iocai fee aut"ority h2.s been granted in the past by the sta,e
legislature to enable local governments to fund eiTvironmental programs and services. For
example, Chula Vista received fee authority lL'1der Assembiy Bili 939 to fund municipal solid
waste, recycling and household hazardous W2.ste programs. To secure funding for the seven
proposed climate-related programs, the Ciry could eng2.g.o: state representatives to pursue
legislation allowing fee authority fOl local greelli1.0USe gas emisslOns reduction eITons. Tne
City's current energy franchise fee - paid by SDG&E (and passed through to the customer) for
t:.~e nonexclusive right to L:.'1stall ar.ld mahltaL'1 equipment on highways: SITters or pUblic rights of
way - is 1.250;~ and 2% of cit)'1IVide annual gross ekcrricity and natural gas revenues,
respectively. In 2002, the California Public Utili Lies Corntnission (CPUC) approved a SDG&E
franchise fee increase for the City of San Diego of 3.530/0 (el~ctricity revenues) in order to
underground power lines in residemial areas. Chula VisIa couid pursue CPUC 2.pproval to
L.'1crease the City's energy francnise fees to support its gTeerl:.~ouse gas reduction efforts.
Because a local fee authority and franchise fees are based on each individual ratepayer: s
consumption level, both funciing mechanisms also heip promote energy conservation in the
COrilIl1unity by rewarding ratepayers who consume less energy with lower fee 2.1110unts. Both
potential revenue sources would be used to reimburse the City for staff time and materials COSts
associated with ongoing program implementation and reportmg.
Unlike a local fee authority or franchise fee, a public bond issued by the City and secured
through incre2.Sed sales tax.~ transient occupancy ta.x and/or prope~~-,' taxes could quickly provide
large: upfront capital improvement funds required to implement some of the seven measures.
The bonds could have rNO specific applications: (i) provide capit2.1 funds for en erg); efficiency
and solar retrofits for residentie..l and business facii.ii:Jes (1vfeasure #5) and (2) provide runes for
public purpose climate-related programs such as municipal renewable energy installation.
e..ltemative fuel fleet improvements and turf converSlon. Under application # 1: partlcipating
property ovvners would elect to be part of a special assessment district and their increased
property fees would be applied to the bond's debt 'service. Under application #2, all Chula Vtsta
property owners would vote in a general election \IV-hether to authorize a municipal bond issuance
CCWG Implementation PI"", (As Adopted by City Council)
July 1,2008
47 of 58
19-74
Table 3: Summary of financing options and their applicability to t~e CCWG measures
Building P'E!rmit
Fess
The City's building permit fees could be increased
to cover the additional costs associared with
implementing a ::itywide, mandaiory green 'ouilding
standard.
Carbon Offset
A fee tor developers and builders to "offset" their
carbon emissions IT t"1ey are unable to meet
citywide, green building standards.
Fes
Franchise Fee
.The City's tranchise iee with SDG&E for gn:::ss
elec:nc:ty and natural gas delivery could be
increased (cufT;'!ntly at 1.25% and 2% of citywide
annual gross electricity and natural gas receipts,
respectively).
Grants
Gran:: funding could be solicited from local, state
and federal ager.des.
local Fee
Authomy
p, fee authonty would enable the City to place a
local surcharg: en utility bills and would ,-equir:
Slate iegislarure approval.
Because there is a nexus between permit fee revenues
and city development levels, permit fees may not
provice a consis;:em h.mding source. Thef=fore. it may
be more useful 2S a supplemem to anom2r long-term
funding source.
4, ~
These funds would be used to pav for on.the-ground
energy efficiency. renewable energy anc alternative fuel
vehide impr::Jvemem: projeC':s. The rund wulc also be
lin:=~rp~rated into U1E CEOA project review and
mmgatlon process.
1,2. 4.~. 7
Currently, tne City oi San Diego h2s a nigher SDG&E
franchise fee than Chuia v'isto::: (5.78% of electricity and
1.03% of natural gas revenuesj.
Alf - Staff & Resources
1. 5., 7 - ?ubiic Improvements
Grant funding is typically short-lived and orojecHpecific
(i.E:. net for ongoing programs). Therefore. it may be
more useful as a supplem2n; to another long-term
funding source.
All
Similar to how AS S29 createn a fee auihority for local
governments to fund saiid wasteJrecycling programs,
the City ;::ould pursue local fee authority for greenhouse
gas emissions recuction orogiems. The City would
need to engage local state legislators (0 pursue the fee
authority.
All - Staff & Resources
1. 5., 7 - Pubiic lmorovemems
A bond :::au[d have tvvo possible aoolications:
(A) Pay for financing energy efficiency & renewable
energy improvements an _orivat:: properties and the
. .. ". parJcipatmg prooerty owners would ele,::, {O be par;: of a
A OUOIIC bond :::ould be Issued anc secured .hrouoh . I t ct. .::1 t b k th b d
. ' ,_ _. specla 2ssessmen Ism", 0 pay a':: e on .
Increased sales rax, transient oc::upancy ,ax and/o~ (8) Through a general election, all Chula Vista properry
property ta:::. owners ,::ould elect 1:0 issue a bond to fund ::Jublic
fJuf?cse climate change-related programs (such as
ImuniCiPal renewable energy and alternative fuel fleet
Improvements).
Pubfic Bond
Asse.::sment Distric~:
5 - Staff & Private Improvements
GeneralObiigation:
1,5.7. Staff & Public Improvements
~Additional research is needed to ensure that Ciiy is in compliance with Proposition 218 and applicabie tax laws
and assess tbemselves an additional fee to repay the debt service. The amortizarion scbedule for
either bond application is estimm:ed to be between 10-15 years (solar energy systems are required
by State legislation to have at ieast 2.5..year warranties). Staff is recoIThl1ending w.~at t'r}e fee
assessment be structured to include solar energy system replacement costs adding extra vaiue for
program pat.--ticipants and ensuring an economically and environmentally sustainable future.
Otber potential funding sources for the seven climate-related measures iIlciude establisbing a
City-controlled carbon offset fiJDd, increasing buildL'1g permit fees and applying for public
grants. As pari of tbe City's CEQA environmental review process and new Green Building
Standard (Measure #4), the City could create a fee system for developers arId builders to "offset"
CCWG Implementation Plans (As Adopted by City Council)
July 1,2003
480f58
19-75
their carbon emissions if they are llilable to meet CEQA significance t}rresholds for a project's
greenhouse gas. emissions impacts or comply with the new citywide building standards. These
funds would be used to subsidize on-tne-grou,"ld energy efficiency, rene'Nable energy and
alternative fuel vehicle improvements_at municipal facilities or within existing. building stock
preferably targeting lower income-families and service institutions. Increasing building permit
fees would have a more lirnited application and be maiIlly used to cover the additional costs
associated with administering a citywide, mandatory green building STandard. It should be noted
tc'lat both CEQA reviews and permit fees are directly linked to development levels a.~d ma" not
provide consistent, long-term fi...L.T1ding. Finally, grant funds could be SOLicited from local: state
and national sources, but the funds are typically short-lived and project-specific (i.e. not for
ongoing programs). Therefore, staff recommends that a carbon offset rund. increased building
permit fees and public grant funds be pursued as part of the measures' fmancL-"1g strategy', but
should be used primarily to supplement other long-term funding sources such as a local fee
authority or a .franchise fee incre2.se.
Table 4; Implications on program implementation if no new funds are secured
Admin. Emissions Tracking & Reporting
Partial
(General Fund)
100% Clean Vehicle
Replacemem Policy for City Fleet
Partial
(Vehicle 2eplacement
Fund)
2
100% Clean Vehicle
Replacement Policy for City-
Conn-acted Fleet Services
Partial
(General Fund)
3
Full Expected
(SDGE)
Business Energy Assessments
- Only ICLEI participation
- No 3rd party verification
~ No future A332 compilance
- Delayed implementation
- No biociiesel use
- No H21CE van project
- No H2CNG bus project
- Funding only thru 12/11
L
Green Building Standard
Full Expected
- Funding only thru 12/11
(Permit Feesl SDG&E)
5
I Solar & Energy Efficiency
Conversion
Ismart Growth Around Trolley
Stations
ParttaJ
(Various)
None
6
7
Parttal
(General Fund)
Outdoor Water Cons8iVation
CCWG Implementation Plans (As Adopted by City Council)
july 1,2008
19-76
- Only solar PV code creation
- No comr.1Unity solar program
- Delayed implementation
1- Limited NarureScape program
- Delayed regulations update
- No community turf replacement
! - No municipal turf replacement
"9 of 58
IMPLEMENTATION COORDINATION, EivIISSIONS TR"..CKING & REPORTING
While various depar-wnents will be responsible for implementing the specific measures (see
individual iruplementation plans for details on depfu-tmental roles fu"1d responsibilities), the
Deparw:nent of Conservation & Enyirolli-nental Services will coordinate overall measurement.
evaluation and reDorting of the seven climate protection measures fu"1d the resultinsr greenhollse
. ~ - -
gas emissions reductions, The primary tOol for tracking the emissions reductions will continue
to be an annual, citywide greenhouse gas emissions inventory with techIlical assistance provided
by !CLE! and the California Climate Action Registry. Staff is currently working witc'1 !CLEl, t'-!e
California Air Resources Board fu,d t'-!e California Clirnate Action Registry w develop a more
robust emissions prowcol specifically for local governments, Wit'-! the new protocoL staff will
be able to more accurately track and report the impacts of t'-!e seven climate proIection measures.
The Ciry will also begm to pfu-ricipate in the verification process under the Califomia Climate
Action Registry program, Verification is performed by an approved third-pfu-ry contractor to
insure that the emissions data is accurate, transparent 8..t.'1d consistent wiLl. all reponing gUldellt1es.
Participation in the California Climate Action Registry will help the City measure and manage
emissions from municipal operations and facilities, while preparing Chula Vista for potential
new regulations under the CalifolT'ja Global Warming Solutions Act (AB32) Regis",'
participation will also enable Chula Vista to document carbon reductions for consideration under
2..LjY future emissions trading system.
The annual cost for implementation coordinatioIl: emissions tracking and reporting is estimated
to be $93,300, This cost assumes full Ii,mding for CCWG measures
partially cover these administrative and performance tracking costs.
budget is outlined below:
#3 J 5 and 7 in order to
Th e pro gram's full] ual
CCWG Admin - Coordinationl Tracking & Reporting -
Budget
City Staff
$64,000
Registry Memberships
5",900
Emissions Inventory Verification
$10,000
Other Commodities
$14,400
TOTAL
$93,300
CCWG Implementation Plans (As Adopted by CLty Council)
July 1, 2008
50 or 5 8
19-77
APPENDLX A - Quantity ofvebicles to be replaced each year with hybrid,
alternative fuel or ultra low emissions substitutes (by vehicle class)
CC\VG Implementation Plans (As Aciopted by City Council)
July 1,2008
51 of 58
19-78
APPENDIX B - Incremental cost difference (in dollars) each year for
replacing existing fleet vehicles with hybrid, alternative fuel or ultra low
emissions substitutes (by vehicle class)
Full Size Sedan 0 0 ] 0,000 15,000 5,000 0 0 0
Compact SLTV 7,000 21,000 21,000 0 7,000 7,000 28,000 21,000 14,000
Large SU\f 0 7,000 0 0 0 7,000 0 0 0
Intermediate PiCkup 28,000 84,000 35,000 42,000 49,000 0 7,000 0
Truck
FuE Size Plckup 0 7,000 35,000 77,000 98,000 1",000 I
Truck
Full Size Crew Cab 0 7,000 0 0 0 7,000 7,000
FickuD Truck
Intennediate Van 0 14,000 7,000 7,000 0 0 0 ]4,000
Cargo Van I 49,000 7,000 21,000 7,000 0
21,000 I 7,000 2\,000 0
Full Size Passenger I 0 I 0 7,000 0 14,000 0 0 0 0 0
Van
\\"alk-in Van I 0 7,000 0 I 7,000 7,000 7,000 0 7,000 0 0
Survey Truck I 0 0 I 0 0 0 7,000 0 0 0
Full Size Utility' 7,000 7,000 I 14,000 21,000 7,000 7.000 0 0 0
Truck
Large Utility Truck 0 21,000 I 0 21,000 0 0 7,000 0 0
I I I I 0 I I
Flatbed Truck 0 7,000 7,000 0 0 0 0 , 7.000 0
, 85,000 I 182,000 I 201,000 I 247,000 222,000 I 98,000 ! 252,000 1119,000 I
TOTAL 116,000 74,000
CCWG Implementation Plans (As Adopted by City Councii)
July 1,2008
52 of 5 8
19-79
APPENDIX C - Conservation-focused municipal code related to businesses
Municipal Code 8.13 - 8.25: Solid Waste
All commerci2.1 2.Ild industri2.1 este.blishrnents shall submit recycling tonn2.ge document2.ticin on
an alli"'1ual basis to t.~e c-ity1s conservation coordinator, due on or before Janu3J.')' 31st, for the
previous year. Jumual reportL."1g shall be on the fonn promulgated by the city manager, 8J.ld
commence on the fIrst 2.nniversary of the d2.te set forth LTl the 1712.Ildatory recycling
implementation schedule as established in th-is ch2.pter 2.S July L 1993. Voluntary reporting prior
to the required maIldatory recycling is encouraged. (Ord. 2992 ;) I, 2005; Ord. 2740 ;) 3, 1998;
Ord. 2492 ;) 1, 1992).
CCWG Implementation Plans (As Adopted by City Council)
July I, 2008
53 of 58
19-80
. ~ ->-,,~.,."~. "....
APPENDIX D - Table A from "Architecture 2030: Meeting the 2030
Challenge through Building Codes"
Tab'e A: 2030 Challenge interim Code Equfvaients
CO os ,I STAN DARD
COMMERCIAL
R!::SlDENT1Al
~SHR;'l"E 90.1-2004
30% below
ASflR4E :'9.:0 .:L~2:007"
25':!{, 'below
ASHRAE :1..8.9 (in progr:ess)
()
IEee :20DE
,3tH,,_'D"e:loy.f ,
3'IJ%':beTq\i-{
Caiitomia Title 24 2005
~50,b - 20 % oelow1:
Caii'forn::a T:itle.242008
io{Pl,6:ije:i~Wl~
Oregan :::nergy Code'~
25% below
30% below
'W-ashin~tar:,Energy:Code
25%--below
25:%'~'3Q:'% "beJow::.t"
R!::SrJET HERS lntiex
65 Of less
EEV~NC,2...2 ;;"'Roin_es
New,e,;EAG~?(Ht if'.:.;;':~ ;p!5
Renovation..., EA.:.Credi):_ #:!:::3Pt~
:F.iER5 lnoex: 6S
L::ED 2009 (In progress)
New - EA Credit #1..: 7 pts
Renovation -EA Credit #i: Sprs
-G31 ~StandarC: ,;(ir.pfogtessr
?AT:":'!'A:'8:.:L:!3..:-:1.S0pts
r=ECG Oplioo':' lorescnptlve P2tll)
EC- :LS4
f'<lSJ_qp de n ~"tp; escriptiv€'-:path J,
New -'COrE;_P<:lrTOrmanC11
Wj _i3:nhanced'm82'5"UrE-S
NOTE: Table A aco'P- represarlts ~ set af guidel1rlelO. E:2Ch entity shoulC assess its particular :::ooe and bUilding energy
:::onsum~Jon pat!Ems ana adjust the ;;ode- eqUJv:alsnts ;Jro\lld!:!d i~ ~e tabie as approp.,a'lE. ,=:'r slampie. tl10se entities
wit'l aggressive GHG and ene~gy reouction ini'tiatives may \'fam 10 increase the recor.1mende-d j:ler.:entago: reductions.
~ntitieswjdl de-calied informaiion on .;;ode penwrmancs compared to their buiidlng smell are encouFaged to adjust trle
percentage ,-eductlons tel me:el the 2030 Chalienge -:z:rge1S.
1::' The City OT SanIa S-arbara established meeting the 2030Challen~ -arge>:: for single-fami'" reSidential unrts a>:: 20% below Title 24 and
iar hlgh~lse residential. at 15% below TItle 24.
1.1 Based cm;:;reJiminarT code analYSIS for the Caiifumia Energy Commission ':ll' ':harles eie~ of ~rchitec'hJraJ energy C:arpop.tion
~= O!C';gol'l Depa1"1t11er.t of '::nergy. .Comparison of 0r~gon Ener~ Code 2005 & .SSHRAE SIandar::: 9Q.1-2004-.
1t~ 1"or residential buildings ~st of t'1e Cascade Moumains, use 25% belaw. Por residentlai buildings west of the Cascades. use 30% bele
17 Greer. Sl.nlding l:litiative. Proposed Amenean Nation;::1 Standaro ai.2QC3?
l!' ""lJianee to Salle :..,ergy, E,1ergy Efficient Codes Coalition [SECel. "The 30% SoIt.1ion'/EC:!.54. This option provides 2 met'1ac fur
modifying the prescriptive ;J81h of the code to meet :Jr e~c8ed the 2030 C01allenge 50% ..eduction target.
19 New 3-uildings Institute, ..eQ\lanced Suildings Cors Performance Guide wit": enhanced measures. This option providas a method far
r.1adlfyingt'1e pr=riptive pall. of the code to meet or ~ceea t.'1e 2'J30-Challenge 50% reouction target..
CC\VG 1'TIplementation Plans (A5 Adopted by City Council)
July 1,2008
54 of 58
19-81
),YPE)\'DLX E - Draft Carbon Reduction Checklist
CARBON REDUCT!ON CHECKLIST
..:~::\~f.:_
~
Gn"'J'-
C-fUL.i.~\i:sr.\
:::::)."1"~NjNA."":""
C.:J~l!'II..NY ol..:;OE>.-'s.
(:::lI'Jl~:
_., I.
S7,.l.:l:.
:::II':
~Ot.r€::
;!"V'Jl,;
~f,-R9ic:::,T;INFb'RH::;.T!-ii!it;:tCt'17I~~jrr~\>'": :\}~~:t&;r~~~I~!i},.{::f"~;~~~~~1i;:~~;~;;::~i-~ij'"ilgr~~~~~~.~,::~L~~~~i;~~:i~t~
P!':.:::J!E:--:-"':::OP.-,t
I'ICJ~_' :-Yl'~
:::"mm~r::""
$OiJAI'".E ;:007 ":"~c.
CJ l'=,.:=ti::.:
,.....;:::r Of' CSV=-0;<>~:NTi
'-1 F..ctrcfr.:
CLlMA. ~ Z:;tN=.
o
7 (.ISrt>d,,<;.f:..)
:.O:-,''''':''R.::
, URE.::~l:
~>...A:::--->;'
"
10 (351"",,<;-h.j
EJ"IMtslCN5 REDUCTlCr..;:7AR:::i<;, (po~ci> olea;,:
=:-:h=
~.i'=')i~~~'~.;'.~l~~~
~D~.Io~f'lEN~~CR!:'bm;-'~:;;ii~';~~~"ii;-Iift'~~;.a;P~l1:.~~~.Gil:i;;~~~~~jf~~
L.3S0FO~
l2.S0Fa.:
u::.OF-'::::':
TOTAL DEVELCPMSN'1" CREDIT>
(,-==l x.,,,.;' "- lS!;O;: ::O~
T:>nia= \IIi"=-l-i=U::--(=""=<.i5l
Cool?oo'
,.;jl><l1X:.':'.:JiCO:
:.......! '1:..ri"i-:t..ofC:::
~ .:!bmc;.:t.ciC::"_
I..c.:;:l~ ~tI.l::'::~
.11wl~f-_af!,;O:
.1 liW~q.:':. 01 co;
_, .llbSt..:;n.cl~:
.: Ib';",".~_ciCC.
--, .:I~I>::1.f1..of::::::::
;'.]fi'I"lA1Ut
Cl '::IW'<;.:t."'~'
ll-l~ 'f'. "fU!
~ .2IW,q.i'_<>iCC;,
.3C;.:!Sw'n<i.....~_....Ct",..,'.SHG:::
-; .:llxac-i'~ofC::J
I~ 5==r.A':::;
.1.5llld:<;-t_<>iC::;
.131~,1<<; It. ole:=-:
.1 ib"'",,"i'_cfC::J.
;'t .31b-:"<l.ft.Qf:::~
=:; .: :"..I''I,it.oi'::::.
CJ .Elbsl~a.i:.QfCOJ
..A?tE F-_"",,~<:,:
.'12Ar-""U:fvr-t1:.c::
_ .litr;j~".ft..",co:
I~ :;==0......:
.:tl>!l'C.i."ICO:
c!' .:!S Ib~~<; 1-_ of co;
F 3Ib,,~.tLciCO;
l:,5=f,~
-----; :1.5oI",,'G- it. oi .=:;~
TOTAL i'"rto~<:riuu...., CREDITS
(To<.ai;r.nlc;.'r.- C3~ OF'-".)
(jo~oJ :t~c.'~'''' LSS. OF CO:)
~= "'ie;,unt ~S"..r-:" ;c!;7Ui<.:: I 1 l~/>dTUl
Sp~c.e COJ:lhnr. fSout"C:. i-;!lTI.,!.'.:". .0.7 Ib'>lkSTUj
W"U":" :-i",tinr (SOl.l.-c" k5. I UI:~.I! tbdkii--:-U\
T07Al ~";l>rm::u..:e- CREP: ,,.
.r"'io::!I:-:.~,:'t'" t,;~ ';)F.....":".l
(io~;j ;",,-.~ '" \$S 0- CC'.)
S"'f1"~ciKVI'lns"llje~
, , 1,700lb.i.;/K'W
:>0<",. ;"'ct w~=- rl=.;..,h... ;:..,,=,
~ .12 bd~t1.=-",,,,,".1 :;OQ;- i'::t=cr
:J .12i~sG-f_per I :.clar1':.C"...cr
\I''',"~'''''''''n"/...",,,rin=!loeoJI
J.-'OClb,.r.:.w
:J l.~ r=f)(W
t.,.! 2.3 Ib'l~o> It.
s.q. 'Ft (ft>1 oFe:).) = LB~;OF CO..:
Geotl'1"'rl~u! ~,I"l~Il. S;~
._.1.7tbslooq1l..
TO;:::'!" Cn5iu G..n",:-:ui,... CREDfTS :;.:,. f:; ilb; ofCC.) '" L5S ::IF '::0,:
~=Al"'ceCOi
~'~~~
525011b=
CCTvVG L-npiemema!ion Plans (As Adopted by City COUr.'l.cil)
July 1, 2008
55 of 58
19-82
A..PPENVIX F - Chula Vista Climate Zone M2p
.
!
~/ ~~ 1 L-"j
" ~~~~~ !
..r .-'-- 1 ,. I
, ~:*,', ~"'"'"- \" , I' I'!
i. :d-..... '.:;;;;:-- \'-. ~~-.:~ f . ;-:
~ ~~~~" r~ r::/~' ""'\ \l '\~ i ' .",.,-~:..... ;1::.
'. ;1;~",--," ~- ~.- .-/ .r" ~t~~W" ,
\. ....;~~~~ .......---'" <\-~...~ r' !eJ -" '-'" j "-.: L'" !
~ '><~~~~~,"C""'" '-.:jt>..',,\ ;;. \ ,
, ~\~.;.;:s~"" Toe ~~ ~ ~t ~ '(. _ I' _
',,-~~4'" ,,'0 .." . / . ~ \ ",.;;,..~.......;~~. J
~~ -.::-V;~,";. "t~- ~..../ ~~....: ~....... -.-,,~ _ "
. \ ~ -'-:.'~ ""~'"'!'".,.~ -' ..._'" ....;.~ 1 -' '_f ~-- __
...~ ~-;;., y.......~-"-""..... !_,..:.,.-..~;--~__~,;~..........___~ - -k" A>..1 '\..,
~ ?~ ~- .... ~: - _ ~"I2.s...M'- ~.c...,., ; ..;.r :::n.,._-=-- y
~:s. ,,_-~ ~.-.~ i '_~'_/"'!;-""""""3:-"<...-~s-i;"""'_ ~~J fl' ~' '.,
,t~~<:;=---~.- __- ,~>,_: ~.........~ ~._,.:. ....- ..;--\ \ ~.... '='_
"'~"-<-__~:"-':" ~~~~'::::" :~....-'\ ) i i ~. ;........_:. '
t.. .... ~V- -' .,~. "',.".;> ------ . -:. ',7 .. ~ -...~.-> 1 \-- ..
\2 --:- ~ ;, ~:...---. ~~ , , .....",.."..-<tr.".-- ...1.' / ';=-"o;'d;';~~, ~ ""
, .... --~- ,-:. "".---- .......-.--~ 3-r- - 4" n ~~.." -:----- ,..' --';;'l~ '~-.."''' --";..~- \ -~
, . ~~, ..-<-, J'.~.Im=~,,"f, '-;;:;.'/;.."u """'.... ,...I W
-:=:. ~ - \-::-'-;~_~;--~_.... /"'~':>~\..Q::: '~:b~"""""";""'<.~""""_""<- -:-~-- "'~_
-~~ ,,~ -~ ~-- :""'.--- ~"&....; ~- --.....:. "',c~-e..-=( .-.---- ~$c.~ '--Ff;!. ~... ~ '
;'",~_-=\~~~...__c---:-- . ~s~-~--~~~~;.:, \ >;:-c:.~t~ F.~ ~_{':--:'\ """'''// . f I
~ - _~~, ~~--- -.-4 ' ~~ ~_:!~"-""-.JAl~' \~_... - ./:. p--._ ~ '~
:.- ~-;-=. ~" . ",;t. -\ '::..:=~./.- __"'_J'~";' ...... ~ :\ -; :~.- .,..<:" 'i..;'$I' ..._-~ ~\
ft.:::. ~~~,-.""....---~ ~ .'. 't ",-~......;,~ ;00 ,~.__~..' -:;;1'" & ~_
lll~~:;~:r!~t~~~L;
~ ~i[l -t--....._~~~ ~,,=
" ~i \ .~I[~
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"'\.
\
~
,
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==
r
j
I
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I "'~l
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I
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"\
~\Ij'(-
m;
ctty of C.,,;;wa VlSia
~CI:';'l:ii!E.2::n=S.:;:~~
+
,
Climate Zones Map
CCWG ImplementaIion Plans (As Adopted by City Council)
July L 2008
56 of 58
19-83
APPE.Nl)IX G - Draft Existing Building Efficiency Retrofit Options
! Tier 1: Minimum Reauirements I ,Cost I Notes
! Insulation, Envelope Sealing/Duct
I Weatherization'
Sealing/Duct Design, Ventilation (Attic
$7000 Fan. House Fan, Ceiiina Fans), Doors
r .b.,ttic Insulation-;&)" S99JsG ft. , 580 I SO.99 Der square foot
, =N"Rr-y S I Ai< r;efricerator (<580 kWh) i $1.800 I
I
i Low Flow Faucets/Showers
r Dual/low Flow loilets
I Pr::lorammable I nermos;:at
I Waterless Urinal
! Variable FreQuencv or Dual SDeed Pool Motor
r Indoor eFl or l~D Eauivalent
r OUTdoor eFl or lED Eouivalenr
Total
$30 I $10 faucet, $20 showerhead
S280 I PoO Der unit
S80 I
$3801
S250 I
$40 I
540 I
59.590 I
~fl'~d~\~~~t~~~'II~~1t?1~41~~i1S~~~i~itJ!'~~I~ti:~1~1it!~=~~~~f!~il~~..l~~~i~
-- ',- .., ~,....- ,.,=^~~ _ _ _ t-~&,., mm~ - >" ,.......~..... ., _ _ ,....,...,~.....;t:ij..,..,,,...:..
Dual Paned Windows (lower) I 58,000 I
I Dishwasher $/00 I
r ,=ront Load Clothes Washer 5900 I
1- SEER 19 or above HVfl,C 55,000 I
I Recirculatina Water Pumo $300 i
! -yapo- I ransoiration (E I 'J Water Controller 5300 ,
I I ankless Water Heater $900 I
r I uif ,=<;emovaI/NatureSC2oe 55,000 I
Total 513,100 I
i-~' ~~'.~~~~ri!~~-~~t~~1~~\~~~t .~~. .-~~!,~ ~~~~~~"=';..~C~ .~~~.o?~:;i(~:r~~~~~
~'iJfelia~Q~@:~PPBOflS~~~~fi$.If~A~'~~.- -- ,'~k~~~~~;;;~:N~~~~~--j'lfiF~~
PV
Solar Thermal (Water)
Domestic Solar Water Heater
I
,.
!
I
I
Total I
542,000 I
565,000.1
56.500 I
58,000 I
$121500 I
Rebates & bulk discounts included
2kW SYSTem $5000 + I nverter and
I abol~
Wind (:=)ectiicity)
"rederal Weatherization ,b,ssistance Program
Based on 2500 sq fOOl residence, 2.5
bathrooms
52750 avg
CCWG L"TIpiememation Plans (.t\.s Adoptee by City Council)
July 1,2008
57 of 58
19-84
APPENDIX H - Existing municipal code requiring solar hot water pre-
plumbing on all new residential buildings
Murric;"al Code 20.04.030: Solar Water Heater Preplumbirrg
/vI new residential units shall include plumbing specifically designed to allow the later
installation of a system \.vruch m:ilizes solar energ:\; as the prim&....y means of heating domestic
potable water. No building permit shall be issued unless the plui11bing required pursua.,:1t to this
section is indicated on the building plans. Preplumbing shall extend through the roof when t.~e
slope of u1e roof is less L.1.an four inches and 12 Li1cnes fu'1d wben t'-le roof covering is of clay or
concrete tile. Preplumbing pipes for domestic solar hot water beating shall be insulated. This
section shall apply only to t.'1ose residential dwelling units fOi ",,-hich a buildL'1g pern:lit was
applied for after the effective dale of the ordirlance codified in this chapter.
Exception.: 1:'1c provisions of this chapter can be modified or waived when it can be
satisfactorily demonstrated to tbe building official t':1at the solar preplumbing is impractical due
to shading. building orientation, construction constraints or cOlli'1guration of the parcel. (Ord.
1973 S 1. 1982).
CCWG Lrnplementation Plans (As Adopted by City Council)
July 1,2008
58 of 58
19-85
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA (1) ACCEPTING THE 12-MONTH PROGRESS
REPORT ON CLIMATE PROTECTION MEASURES
IMPLEMENTATION, (2) orRECTING STAFF TO DEVELOP
MANDATORY BUSINESS ASSESSMENT ORDINANCE
LANGUAGE FOR FUTURE COUNCIL CONSIDERATION
AND (3) DIRECTING STAFF TO RETURl'f WITHIN 180 DAYS
WITH ANOTHER IMPLEMENTATION UPDATE
WHEREAS, the City has participated in the United Nations Framework Convention on
Climate Change, ICLEI Cities for Climate Protection Campaign and the Conference of Mayor's
Climate Protection Agreement; and
WHEREAS, through this involvement and the Chula Vista Carbon Dioxide Reduction
Plan, the City has committed itself to reducing its greenhouse gas (GHG) emissions 20% below
1990; and
WHEREAS, the City's 2005 GHG emissions inventory indicated that annual citywide
GHG levels had increased by 35% since 1990 due primarily to residential growth; and .
WHEREAS, the City did make significant progress in reducing annual per capita
emissions by 17% and municipal operation emissions by 18% mainly due to energy-efficient
traffic signal retrofits; and
WHEREAS, as a result, the City Council directed staff to convene a Climate Change
Working Group (CCWG) to develop recommendations to add to the City's existing Carbon
Dioxide Reduction Plan and its portfolio of programs which would further rcduce the
community's greenhouse gas emissions; and
WHEREAS, the CCWG - comprised of residential, business and community-group
representatives - evaluated over 90 climate protection measures and chose seven measures to
ultimately recommend to City Council; and
WHEREAS, on April 1, 2008, City Council adopted the CCWG's seven
recommendations and directed staff to execute the recommendations based on more detailed
implementation plans that included input from a broader range of stakeholders, identified
potential funding mechanisms and estaplished timelines, budgets, and evaluation criteria; and
\VHEREAS, after formally approving the measures' implementation plans on July 10,
2008, City Council authorized staff to implement the plans and pursue additional funding sources
to ensure their full and long-term implementation; and
WHEREAS, the seven new measures plus the City's original Carbon Dioxide Reduction
Plan constitute Chula Vista's comprehensive Climate Action Plan; and
J-\Attorney\FrNAL RESOS\2009\09 15 09\l2-:>1:omh Progfe5! Re?ort Climate Proteetion,doc
. 19-86
Resolution No. 2009-
Page 2
WHEREAS, the new measures focus on. lowering energy and water consumption,
installing renewable energy systems, promoting alternative fuel vehicle use and designing
pedestrian and transit-friendly communities; and
WHEREAS, staff continues partial implementation of most measures based on existing
funding levels and has secured some additional external funds to launch new program
components and to invest in new capital improvement projects; and
WHEREAS, while these additional funds will allow broader implementation of the seven
climate protection measures, funding levels are still a limiting factor to the measures' full
implementation; and
WHEREAS, staff continues to pursue the Council-approved financing strategy outlined
in the original plans; and
WHEREAS, through the federal Energy Efficiency & Conservation Block Grant
(EECBG) program, the City will be receiving almost $2 million to reduce energy consumption
and stimulate the local economy I; and
WHEREAS, the funding will allow the City to move forward with a number of projects
that advance the City's Climate Action Plan by installing a new biodiesel fuel tank at the Public
Works Corp Yard and converting 128 diesel-fueled fleet vehicles to the alternative fuel source
(Measure #l-City Fleet Clean Vehicle Replacements), expanding on-site municipal solar systems
up to 1 megawatts in size (Measure #5-Energy EffIciency & Renewable Energy Conversions)
and provide direct incentives and loans to homeowners interested in energy (Measure #5) and
water efficiency (Measure #7-TurfRemoval & Landscape Water Efficiency) retrofits; and
WHEREAS, the City's application is currently being reviewed by the Department of
Energy and funds should be received by October 2009; and
WHEREAS, in addition to the EECBG, staff has applied for other competitive grant
funds including CalFIRE's "Innovative Urban Greening" grant program ($53,000) (Measure #7)
and the EPA's "Climate Showcase Communities" grant program ($471,000) (Measures #5 and
#7); and
WHEREAS, if awarded, both grants would further expand climate protection measures
implementation and contribute to citywide carbon reductions. Staff will also continue to pursue
additional state, federal and private grant opportunities at the local and regional level as they
become available; and
WHEREAS, the City has been allocated $4.6 million (3-year total) through San Diego
Gas & Electric's Local Government Partnership program as part of their 2009-2011 Energy
Efficiency Program Portfolio (EEPP); and
WHEREAS, Local Government Partnerships are designed to empower cities to develop
energy efficiency programs and services at their facilities and within the community. Because the
J:\AnorneylFrNAL RES0S\2009\09 15 09\12-Molllh Progress Rellon Climate Protection,doc
19-87
Resolution No. 2009-
Page 3
EEPP has yet to be formally approved by the California Public Utilities Commission, SDG&E is
providing $91,968 in monthly "bridge funding" to the City until the new funding is approved;
and
WHEREAS, the 2009-2011 Chula VistalSDG&E Partnership, expected to be finalized by
January 2010, will provide support for staff time (salaries and benefits for 6 full-time and 7 part-
time staff members) and program costs for iYleasures #3 (Business Assessments), #4 (Green
Building Standard) and #5 through December 2011; and
WHEREAS, staff is currently involved in negotiations with San Diego Gas & Electric
over Chula Vista's energy franchise fee; and
WHEREAS, currently, the City charges a fee of 1.25% and 2.00% on citywide electricity
and natural gas sales; and
WHEREAS, under the financial strategy, the City would increase the franchise fee to
fund carbon-saving improvement projects in the community and at municipal facilities, but the
new rate would still be under or comparable to other local jurisdiction's energy franchise fees;
and
WHEREAS, the new energy franchise fee is expected to be presented to Council for
consideration in January 2010 and, if approved, would create a new, long-term revenue source
for the implementation of all seven climate protection measures; and
WHEREAS, a Local Fee Authority, which would be created through new State
legislation, would enable jurisdictions to place a local surcharge on utility bills (such as energy,
water or sewer) to fund local carbon reduction programs and services; and
WHEREAS, in coordination with local State representatives, staff plans to help draft the
specific bill language and gamer political support from other municipalities and state officials
over the next 6 months; and
WHEREAS, similar to franchise fees, the Local Fee Authority would create a new, long-
term revenue source' for the implementation of all seven climate protection measures; and
WHEREAS, staff expeets to help finalize bill language as part of the State Legislature's
20 I 0 session; and
WHEREAS, the additional building permit review and inspection time associated with
implementing a Green Building Standard (Measure #4) would be funded through revised
development fee schedules; and
WHEREAS, the new fee, part of the City's broader Master Fee Study, will be finalized
and presented to City Couneil for consideration in December 2009; and
J:lAttorneylFTNAL RES0S\100<"J\09 15 09\12-Montn. Progress Report Climate Protection,doc
19-88
,",~_~__~',.~,'"..O'''_'.''''.''''''''r'''''''''''','"
Resolution No. 2009-
Page 4
WHEREAS, the Council-approved financial strategy outlined the use of municipal bonds
to support measures implementation; and
WHEREAS, a municipal bond would be utilized to finance two carbon-saving project
types - public purpose projects (such as energy-efficient streetlight retrofits and alternative fuel
vehicle fleet purchases) and community retrofit projects (such as energy and water efficiency
upgrades in homes and businesses); and
WHEREAS, regardless of project type, the municipal bond's debt service would be offset
by the resulting energy or fuel cost savings and repaid by beneficiaries of those savings; and
WHEREAS, last year, the Internal Revenue Service also expanded two tax credit bond
programs, Certified Renewable Energy Bonds (CREBs) and Qualified Energy Conservation
Bonds (QECBs), to specifically help local governments implement carbon reduction projects by
offering low interest financing options; and
WHEREAS, staff plans to finalize a public bond package for City Council consideration
over the next 6 months in anticipation of a June 20 I 0 public vote; and
WHEREAS, City staff will continue to aggressively pursue the funding strategy which
was outlined in the Council-approved implementation plans and updated through this 12-month
progress report; and
WHEREAS, staff will formally return to City Council within at least 180 days to provide
further clarity on the climate measures' overall implementation and status on their financing; and
WHEREAS, Departments will also be returning to City Council throughout the next 6
months to present specific ordinances and resolutions necessary for the implementation of
individual measures; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby:
I. Accept the 12-month Progress Report on Climate Protection Measures
Implementation.
2. Direct staff to develop mandatory business assessment ordinance language for
future Council consideration.
3. Direct staff to return within 180 days with another implementation update.
1'\Attorney\FINAL RESOS\2009\09 1509\12 Month Progress Report Climate Protecllon.doc
19-89
Resolution No. 2009-
Page 5
Presented by
Approved as to fonn by
~ichael ~eacharn
Director of Conservation and
Environmental Services
1.\Altorney\FINAL RESQS\1C09\09 IS 09\12-Montn Progress Report Climate Protection doc
. 19-90
CITY COUNCIL
AGENDA STATEMENT
~~ ~ ~\f// CITY OF
'~` CHUTA VISTA
September 15, 2009 Item 'gyp
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING AN AMENDMENT TO
THE AMBULANCE SERVICE ORIGINAL
AGREEMENT BY AND BETWEEN AMERICAN
MEDICAL RESPONSE, AND THE CITY OF CHULA
VISTA AUTHORIZING THE MAYOR TO EXECUTE
THE AGREEM~~E``N^^T
SUBMITTED BY: FIRE CHIEF Yl~l
REVIEWED BY: CITY MANAGE
4/STHS VOTE: YES NO X
BACKGROUND:
On April 22, 2008 the City Council approved afive-year lease agreement in the amount
of $764,000 with Kansas State Bank of Manhattan for the acquisition of medical
resuscitation equipment from Zoll Corporation. New medical resuscitation equipment
was required as the existing equipment was beyond its useful performance life. This
equipment was acquired by the Fire Department and was put into service in 2008
enhancing the department's life saving capabilities. On June 9, 2009 the City Council
approved the fiscal year 2009-10 Fire Department budget. In an effort to generate
budgetary savings, revenue in the amount of $172,000 to offset the yearly lease cost
associated with the acquisition of the medical equipment was assumed in the Fire
Department budget. The Fire Department is requesting City Council approval of an
amendment to the Ambulance Service Original Agreement between American Medical
Response (AMR) and the City of Chula Vista that will increase the ambulance transport
rate that is charged by AMR in order to generate necessary pass-through revenues to fund
the yearly lease cost.
ENVIRONMENTAL REVIEW:
The Environmental Review Coordinator has reviewed the proposed activity for
compliance with the California Environmental Quality Act [CEQA] and has determined
that the activity is not a "Project" as defined under Section 15378 of the State CEQA
Guidelines because it does not involve a physical change to the environment; therefore,
pursuant to Section 15060[c][3] of the State CEQA Guidelines the activity is not subject
to CEQA. Thus, no environmental review is necessary.
20-1
September 15, 2009 Item 20
Page 2 of 4
RECOMMENDATION:
That Council adopt the resolution.
BOARDS/COMMISSIONS RECOMMENDATION:
Not Applicable.
DISCUSSION:
The City is authorized by Government Codes Section 38794 and Municipal Code
sections 5.10.310-5 10.340 to contract for ambulance services. The City has contracted
with American Medical Response (formerly known as Hartson Medical Services) for the
provision of Basic and Advanced Life Support Ambulance services since 1989. The
current agreement with American Medical Response (AMR) permits AMR to provide
services to an Exclusive Operating Area (EOA) that was adopted by the County of San
Diego. This EOA consists of the City of Chula Vista, Bonita/Sunnyside Fire Protection
District, and the Ciry of Imperial Beach. On May 14, 2002, the City Council adopted an
amended and restated agreement (2002 Agreement) with AMR that clarified and
reinforced the following key stipulations:
• Definition of service requirements and performance standazds to optimize service
delivery
• Minimum resource requirements for the number of ambulances, staffing and
equipment to be deployed for the provision of service
• Provisions for termination that would provide the City with adequate notice in
order to avoid service interruptions
• Insurance requirements for motor vehicles operated by AMR in order to protect
the City from liability
• Hold harmless provisions that indemnified the City from liability azising from
negligence acts or omissions resulting from AMR's performance
• Renewal Provisions that provided the flexibility to extend the agreement at their
own discretion.
More recently, the City Council approved afour-yeaz extension to this agreement that
became effective December 11, 2007 through May 31, 2011 with two additional three-
yeaz extension options available thereafter. The adoption of this extension resulted in an
increase to the ALS transport rate that was requested by AMR in an effort to update their
business model.
Request for Increase in the Advanced Life Support Ambulance Transport Rates
On June 9, 2009 the City Council approved the fiscal year 2009-10 Fire Department
budget spending plan. In an effort to generate budgetary savings, revenue in the amount
of $172,000 to offset the yearly lease costs for the acquisition of medical resuscitation
equipment was assumed in the Fire Department budget. Current law allows the City to
20-2
September 15, 2009 Item ~r7
Page 3 of 4
collect pass-through revenue from ambulance services providers provided that such
revenues are used to enhance service delivery in the emergency medical services (EMS)
system. The Fire Department is requesting that City Council approve an amendment to
the Ambulance Service Original Agreement that will increase the ambulance transport
rate that is charged by AMR in order to generate the necessary pass-through revenues to
fund the yearly lease agreement with Kansas State Bank of Manhattan for medical
resuscitation equipment acquired from Zoll Medical Corporation. If approved, the
transport rate will increase by $118.16 from $744.19 to $862.77. This revised rate is
summazized in the following table:
CHARGE CURRENT PROPOSED
ALS Emergency Base
Rate $744.19 $862.77
BLS Emergency Base
Rate $569.36 $569.36
Mileage Rate (per Mile
or ortion thereof) $22.92 $22.92
Ox en Chaz e $82.83 $82.83
Ni ht Char e $82.05 $82.05
Treatment Only (no
trans ort) $189.35 $189.35
This change represents an increase of $118.58 or 16%. This new transport rate will
result in Chula Vista continuing to have one of the lowest rates in the County. Examples
of other jurisdictions include: El Cajon $1,034.00, National City $1,346.48, San Miguel
$1,367.00.
The increase in the transport rate will allow the City to generate an estimated $214,000 of
additional pass-through revenues a year to pay for the lease purchase agreement with
Kansas State Bank of Manhattan for the medical resuscitation equipment acquired from
Zoll Medical Corporation. The additional revenue collected under this agreement will
allow the Fire Department to fund future acquisitions when it comes time to replace the
current generation of medical resuscitation equipment before it becomes obsolete.
Certification of Costs
Under the terms of this proposed amendment, the City will be responsible for certifying
to AMR that the funding received via pass-through revenues for enhanced services in the
prior calendaz yeaz did not exceed the cost to the City to provide for enhancements and
shall notify AMR of any proposed additions or deletions of defined enhancements.
AMR will make available to City financial data showing for the 12-month period, the
payer mix, number of transports, current collection rate, and estimated mazginal
20-3
September 15, 2009 Item 20
Page 4 of 4
collection rate for any adjustment to fees. It is agreed that this information will remain
proprietary and confidential and shall be utilized in order for City staff to verify that any
rate adjustments predicated upon changes related to the enhancements desired pursuant to
the Original Agreement aze reasonable and necessary.
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 YEAR FISCAL IMPACT:
Revenues in the amount of $172,000 from this proposal have been assumed in the in the
FY 2009-10 Fire Department budget. However, the entire revenue amount may not be
realized in the current fiscal yeaz due to the delayed implementation of the transport rate
increase, which may result in an impact to the General Fund. All costs associated with
this recommendation will be borne by the users of AMR services.
ONGOING FISCAL IMPACT:
There is no ongoing fiscal impact if this proposal is adopted. Revenues generated from
this proposal will be used to offset costs of future purchases of emergency medical
equipment.
ATTACHMENTS:
Attachment A -Ambulance Service Original Agreement between American Medical
Response (AMR) and the City of Chula Vista
20-4
t~-1-I-ach n~n-~ ~ _
At~I>N:NDMF,NT TO
AMBULANCE SERVICE ORIGINAL AGREEMENT
by anal between
AMEI2[CAN 1VIEDICAL RESPONSE AMBULANCE SERVICE, INC.
and
THE CITY OF CHULA VISTA
THIS AMENDMENT ("Amendment") to the Ambulance Service Original. Agreement between
Americaar Medical Response Ambulance Service, hic., formerly known as Laidlaw Medical Transportation,
Inc., d/6/a American Medical Response (hereinafter "A.tvIR") and the City of CHiJLA VISTA (hereinafter
"City") is made and becomes effective as of September 1, 2009.
WHEREAS, fhe parties. hereto have previously entered into an "Amended and Restated Original
Ageement for Basic and Advanced Life Support. Ambulance Services" on. December 11, 2007 (the
"Original Agreement"), whereby AMR agreed to provide ambulance services for the City and other
Participating Agencies being the City of Imperial Beach and the Bonita/Sunnyside Fire protection Dishict;
and
WHEREAS, said Original Agreement al lows the rates to be charged in the various agencies to vary
6y politicaljurisdiction; and
WHEREAS, the parties hereto wish to amend the Original Agreement by this document to
formally confirm the mpdificafion of the Original Agreement terms- with. respect to approved fees for
enhancement(s) to the EMS system consistenrwith Section 23 of said Original Ageemem; and
WHEREAS, the City is desirous of obtaining ftmding for certain enhancement(s) to the EMS
delivery system and herein identify those enhancements as being consistent with the desired level of service
for the community (hereinater "Enhancements"). These .Enhancements are more particularly described as
providing one (L) Zo)I Deftbrillator/Monitors asstandard equipment on each of the first responder engines
within the City (`Enhancements"). These Enhancements hnprove patient care and outcomes.
NOW, TIIEREFpRE, is consideration of the foregoing premises the parties agree as follows.:
1. Exhibit "D" of tho Original Agreement is modified and amended to read as follows:
CAARGE CHULA VISTA.
__
ALS Emergency Base
Rale $862.77
BLS Frnergency Base
Rate $56936
Mileage Rate (per Mile-
or orfion thereo $22.92
Ox men Char a $82.83
Ni ht Char e $82.05
Treatment Only (no
trans ort $189.35
20-5
2. Fmtding Mechanism For Enhanced Services Inclusive o'f Service Costs
The parties acknowledge their understanding that that funding and resul4vtt charges sel forth
in E,~hibit "U" above was determined by City and AMR based on a mechanism developed after a careful
review and analysis of the actual and potential costs of providing service(s) at level(s) detetvtined by the
City as appropriate. The parties acknowledge that the compensation to be pirovided to City for
Enhancement(s) under this Original Agreement is based on the cosh that AMR would bear if it provided
service at the level determined by the City, in the absence of this Original Agreement. Accordingly, the
pubes stipulate and af,.tee that the compensation. specified in the Original Agreement is the sole,
complete and total amount of compensation to be provided to City for the Enhancements to the EMS
services under this Original Agreement and are the necessary elements of production whereby those
services are provided, by City as defined in this Original Agreement.
3. CertiCcation of Costs.
a. During the term of this Original Agreement, ou or before March 15th of each year, City
shall certify to AMR that the funding received for enhanced services in the prior calendar year did not
exceed the cost to the City to provide For Enhancement(s) and shall notify AMR of any proposed
additions or deletions oEdefined Enhancements.
b. Dm•ing the term of this Original Agreement, on or before March 15'h of each year, AMR
will make available to City financial data showing for the 12-month period, the payer mix, number of
transports, current collection rate and estimated marginal collection rate for any adjustrnent to fees. The
parties agree that this information wilt remain proprietary and confdential and shall be utilized in order
for City staff to verify that uty rate adjustments predicated upon changes related to the Enhancements
desired pursuant to the Original Agreement are reasonable and necessary. Any statutory or case law
exemptions to the California Public Records Act will apply to any documentation provided to the City
under the Original Agreement and this Amendment.
4. Compliance. The parties will comply in all material respects with all applicable federal
attd state laws and regulations including, the Federal Anfi-kickback statute. The funding set forth in this
Amendment and the Original Agreement shall be used only for the City services or system Enhancements
set forth herein. The City warrants and represents that the payments made by AMR to City shall be less
than or eRunl to the Cily's actual costs to provide those services or system Enhancements. No fwtds shall
be used by the Ciry in a manner that may violate 42 U.S.C. Section 1320a-7b, the federal Anti-Kickback
Statute.
5. Compliance Program and Coda of Conduct AMR has made available to each parry a copy
of its Code of Conduct, Anti-kickback policies and other compliance policies, as may be changed from.
time-to-time, at AMR's web site, located at: www,amr.net, and each party aclatowledges receipt of such
documents. AMR warrtutts that its personnel shall comply with AMR's compliance policies, including
training related to the Anti-kickback Statute.
6. Non-Exclusion. Fach party represents and certifies that neither it nor uty practitioner who
orders or provide Services on its behalf hereunder has been convicted of any conduct that constitutes
grounds for mandatory exclusion as identified in 42 U.S.C.§ 1320a-7(a). Each party further represents
and certifies that it is not ineligible to participate in Pedeml health care programs or in any other state or
federal government payment program. Each party agrees that if DHHS/OIG excludes it, or any of its
practitioners or employees who order or provide Services, from participation in Federal health care
programs, the party must notify the other party within five (3) days of knowledge of such fact, utd the
20-6
other pa~Yy may immediately terminate the Original Agreement, unless the excluded party is a
practitioner or employee who immediately discontinues ordering or providing Services hereunder.
7. Referrals. It is not the intent of either party that any remuneration, benefit or privilege
provided for under the Original Agreement shall influence or in any way be based nn the referral or
recommended referal by either party of patients to the other party or i[s affiliated providers, if any, or dto
purchasing, leasing or ordering of any services other than the specific services descrbed in this Original
Agreement. Any payments specified herein are consistent with what the parties rearsonably believe to be
a fair market vaue for the services provided.
8. All other terms ant conditions oP Orightal Agreement not specified herein shall remain ut full
force and effect.
IN WPINESS THEREOF, the parties have caused ibis Amendment to be executed and effective
as of September t, 20l)9.
CITY OF CHULA VISTA
Name:
Title:
AMERICAN MEDICAL RESPONSE AMBULANCE SERVICE INC.
Name: ~~~r'~-
Michael Murphy, Genera Manager
20-7
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AN AMENDMENT TO THE AMBULANCE
SERVICE ORIGINAL AGREEMENT BY AND BETWEEN
AMERICAN MEDICAL RESPONSE, AND THE CITY OF CHULA
VISTA AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT
WHEREAS, on April 22, 2008 the City Council approved afive-yeaz lease agreement in
the amount of $764,000 with Kansas State Bank of Manhattan for the acquisition of medical
resuscitation equipment from Zoll Corporation that was needed to replace existing equipment
that was beyond its useful performance life; and
WHEREAS, this equipment was acquired by the Fire Department and was placed into
service in 2008 enhancing the department's first response life saving capabilities; and
WHEREAS, in an effort to generate budgetary savings, revenue in the amount of
$172,000 to offset the yearly lease cost associated with the acquisition of the medical equipment
was assumed in the Fire Department budget; and
WHEREAS, on June 9, 2009 the City Council approved the fiscal yeaz 2009-10 Fire
Department budget; and
WHEREAS, the Fire Department is requesting City Council approval of an amendment
to the Ambulance Service Original Agreement between American Medical Response (AMR) and
the City of Chula Vista in order to generate the necessary pass-through revenues to fund the
yearly lease cost; and
WHEREAS, the City of Chula Vista and American Medical Response (AMR) wish to
amend the Original Agreement and formally confirm the modification of the Original Agreement
terms with respect to approved fees for enhancement(s) to the EMS system consistent with
Section 23 of said Original Agreement; and
WHEREAS, the amendment to the Original Agreement will increase the Advance Life
Support (ALS) transport rate in order to generate pass-through revenues to fund emergency
medical equipment to enhance emergency medical services delivery for the citizens of the City
of Chula Vista.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby authorize the Mayor to execute an amendment to the original ambulance
service agreement by and between American Medical Response and the City of Chula Vista that
authorizes the necessazy increase in the transport rate necessary to generate pass-through revenue
for the purpose of funding the lease purchase agreement with Kansas State Bank of Manhattan
20-8
and future acquisitions of emergency medical response equipment for the enhancement of
emergency medical response service delivery.
Presented by
..~1 IL~v^~'d~1rf1
Dave Hanneman
Fire Chief
Approved as to form by
~~~~
Bart Miesfeld ~ g P ~ 7
City Attorney
HshareNattorney/AIv1RComract Extension Defibrillators
20'.9
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
/,~
Bart C. iesfeld
City Attorney
Dated: / - ~ ' ~
Amendment to the Ambulance Service Original Agreement by and Between
American Medical Response, and the City of Chula Vista
20-10
AMENDMENT TO
AMBULANCE SERVICE ORIGINAL AGREEMENT
by and between
AMEF[[CAN MEllICAL RESPONSE AMBULANCE SERVICE, INC.
and
THE CITY OF CHULA VLSTA
THIS AMENDMENT ("Amendment") to the Ambulance Service- Original. Agreement between
American Medical Response Ambulance Service, luc., formerly known as. Laidlaw Medical Transportation,
Inc., d/b/a American Medical Response (hereinafter "A.<vIR") and the City of CHUhA VISTA (hereinafter
"City') is made and becomes effective as of September 1, 2009.
WHEREAS, the parties. hereto have previously entered into an "Amended and Restated Original
Agreement for Basic and Advanced. Life Support. Ambulance Services" on. December 11, 2007 (the
"Original Agreement"}, whereby AMR agreed to provide ambulance services for the City and other
Participating Agencies being the Cly of Imperial Beach and the Bonita/Sunnyside Fire protection Dish•ict;
and
WHEI2EA5, said Original Agreement allows t'he rates to be charged in the various agencies to vary
6y political jurisdiction; and
~VH.F.I2F,AS, the parties hereto wish to amend. the Original Agreement 'by this doeurnerrt to
f'armally confine the modification of° the Original Agreement terms with respect to approved fees for
enhancement(s) fo the EMS system consistentwith Section 23 of said Original Agreement; and
WH ~ SAS, the City is desh•ous of obtaining ftnrding for certai~i enhancement(s) to the EMS
delivery system arxl herein identify those enhancements as being consistent-with the desired ievel of service
for the commm~ity (hereinafter "Enhancements"). These .Enhancements are more particularly described as
providing one (L) Zoll Defibrillator/Monitors. as standard equipment on each of the first responder engines
Fvitliin the City ("Enhancements"). These Enhvicemonts unprove patient care and outcomes,
NOW, THEREFORE, in c;onsidertilion of the foregoing premises the parties agree as follows:
L. Exhibit "D" of the Original Agreement is modified and amended to read as follows:
CHARGE
J CHOLA VISTA
_
_
ALS Emergency Rase
Rale $862.77
BLS Emergency Dase
Rate $569.36
Mileage Rate (per Mile
or action fhereot $22.92
Ox en Char e $82.83
Ni ht Char e $83:05 _
Treatment Only (no
trans o.rt $ l 89.35
20-11
2. Fmtdn~s Mechanism For Enhanced Services Inclusive of Service Casts.
The parties acknowledge their understanding that that funding and resultant charges sel Forth
in E.ihibit "D" above was determined by City and AMR based on a mechanism developed after a careful
review and artalysis of the actual and potential costs of providing service(s) at level(s) detertnined by the
City as appropriate. The parties acknowledge that the compensation to be provided to City for
Enhancement(s) under this Original Agreement is based nn the cosh that AMR would bear if it provided
service at the level determined by the City, in 4he absence of ffiis Original Agreement. Accordingly, the
parties stipulate and agree that the compensation. specified in the Original Agreement is the sole,
complete and total amount of compensation to be provided to City for the Enhancements to the EMS
services under this Original Agreement and are the necessary elements of production whereby those
services are provided, by City as defined in this Original Agreement.
3. CertiCctttionofCosts.
a. During the term o#• this Original Agreement, on or befora March 15'" of each year, City
shall certify to AMR that the funding received for enhanced services in the prior calendar year did not
exceed the cost to the City to provide for Enhancement(s) and shall notify AMR of any proposed
additions or deletions of defined Enhancements.
b. During the term of this Original Agreement, on or before March 15u' of each year, AMR
will make available to City financial data showing for the 12-month period, the payer mix, number of
transports, curcent collectiot rate attd estimated marginal collection rate for any adjustment to fees. The
parties agree that this information will remain proprietary and confidautial and shall be utilized in order
for City staff to verify that any rate adjustments predicated upon changes related to the Enhancements
desired pursuant to the Original Agreement are reasonable and necessary, Any statutory or case law
exemptions to the California Public Records Act will apply to any documentation provided to the City
under the Original Agreement and this Amendment.
4. Compliance. The parties will comply in all material respects with all applicable federal
and state laws and regulations including, the federal Anti-kickback statute. The fundntg set forth in this
Amendment artd the Original Agreement shall be used only for the City services or system Enhancements
set forth herein. T}tc City warrants and represents that .the payments made by AMR to City shall be less
than or eRual Co the City's actual costs to provide those services or system Enhancements. No funds shall
be used by the City in a manner that may violate 42 U.S.C. Secfion 1320a-7b, the federal Anti-Kickback
Statute.
5. Compliance Progrun and Coda o'P Conduct. AMR has made available to each party a copy
of its Code of Conduct; Anti-kickback policies and other compliance policies, as may be changed from.
time-to-time, at AMR's web site, located at: www,amr.net, and each pasty aclatowledges receipt of such
documents. AMR warrants that its personnel shall comply with AMR's compliance policies, including
training related to the Anti-kickback Statute.
h. Non-Exclusion. Each pasty represents and certifies that neither it nor any practitioner who
orders or provide Services on its behalf hereunder has been convicted of any conduct that constihrtes
grounds for mandatory exclusion as identified in 42 U.S.C.§ 1320a-7(a). Each party further represents
and certifies that it is not ineligible to participate in federal health care programs or in any other state or
federal government payment program. Each party agrees that if DHN$/OIG excludes it, or any of its
practitioners or employees who order or provide Services, from participakion in Federal health care
programs, the party must notify the other party within five (5) days of knowledge of s[reh fact, vid the
20-12
other pasty may immediateay ternrinate the Original Agreement, unless the excluded party is a
practitioner or employee who immediately discontinues ordering or providing Services hereunder.
7. Referrals. It is not fire intent of either party that any remuneratiar, benefit or privilege
provided for under the Otiginal Agreement shall influence or in any way be based on fire referral or
recommended referral by either party of patients to the other party or its affiliated providers, if guy, or the
purchasing, leasing or ordering of any services other than the specific services described in this Original
Abreement. Any payments specified herein are consistent with what the parties reasonably believe to be
a fair market value fnr fire services provided.
8. All other teens and conditions of Original Agreement eat specified herein shall remain in full
force and effect.
IN WITNESS THEREOF, the parties have caused this AmendmenC to be executed and effective
as of September L, 2009;
CITY OF CH'ULA VISTA
Name:
'Title:
AMERICAN MEDICAL RE5PON5E ANIBULANCG 51;RVICE INC.
Name;
Michael Murphy, General Manager
20-13
MEMO
Office of the City Clerk
DATE: July 30, 2009
TO: Honorable Mayor and City Councihnembers
FROM: Donna Norris, City Clerk
SUBJECT: Port Commissioner Appointment Process
~~tl~
r~r.
SIT,-oF
CHULA VISfA
On June 2, 2009, the Council unanimously approved the following appointment process for selecting a Port
Commissioner for the term expiring on January 2, 2011.
1. Applicants for Chula Vista Port Commissioner must be residents of Chula Vista. Information regarding
the responsibilities of a Port Commissioner can be found at www.portofsandieEO.Org.
2. Applications will be available online from August 3 through August 31, 2009, at www.chulavistaca.EOv
and at the City Clerk's of5ce.
3. The City Council determined opening and closing dates for applications as August 3, 2009 and August
31, 2009, afrer which applications will not be accepted.
4. Each applicant must submit to the Ciry Clerk a completed Port Commissioner application, including an
Economic Interests Disclosure form and a resume by 5:00 p.m. on August 31, 2009.
5. Afrer August 31, 2009, all applications and resumes will be forwarded to the Mayor and City Council.
6. The Mayor and City Council will submit an unrestricted number of name/s of applicants they want to
interview by a deadline stated when applications and resumes are forwarded to them.
7. The Mayor and City Council will submit in advance of interviews the questions that they would like
asked of the applicants.
8. Applicants receiving two or more nominations will be scheduled for interviews.
9. Applicants will be interviewed in a Ciry Council meeting in the Council Chambers on a date selected by
the City Council.
10. When interviews have ended, the City Council will deliberate in a public meeting until an applicant
receives at least three votes.
Attachment: Council-approved application form
ZZA-~
276 Fourth Avenue, Chula 1'ista, CA 91.910 ~ www.chulavistaca.gov ~ (619) 691-5041 fax (619) SSS-5774
~~tli
~.
c.• ~ o
CHUTA VISTA
APPLICATION
FOR
PORT COMMISSIONER
Name (^ Mr. ^ Mrs. ^ Ms.)
Home address City Zip
E-mail address
Residence phone Business phone Cell phone
Do you live within the City limits of Chula Vista? ^ yes ^ no How long?
Are you registered to vote? ^ yes ^ no
Present employer Occupation
Are you currently serving, or have you previously served, on a Chula Vista Board or Commission?
^ yes ^ no If yes, which one(s)?
What experience or special knowledge can you bring to this position?
What would you hope to accomplish by your participation?
Please attach your resume and a completed Economic Interests Disclosure form (attached).
Note: Applications will be accepted by the Office of the City Clerk until 5:00 p.m., August 31, 2009 at 276
Fourth Avenue, Building 100, Chula Vista.
I am familiar with the responsibilities of the Unified Port of San Diego Board of Port Commissioners. By
submitting this application, I hereby acknowledge those responsibilities and attest that the information
provided on this application and its attachments is true and accurate.
Signature Date
22A-Z
N
APPLICATION
FOR PORT COMMISSIONER
ECONOMIC INTERESTS DISCLOSURE
In order to determine potential conflicts of interest, please disclose all economic interests that you have had
within the boundaries of the County of San Diego under the following categories (if you have nothing to
disclose, indicate with "N/A"):
INVESTMENTS
Disclose any financial interests with a value greater than $2,000 that you, your spouse, registered domestic
partner, or dependent children had with any business located, doing business, planning to do business, or that
has done business in the past two years, in the County of San Diego (include stocks, bonds, sole proprietorships,
partnerships, trusts).
BUSINESS NAME ESTIMATED VALUE GROSS ANNUAL
INCOME
INCOME
Disclose the source and amount of gross income or loan of $500 or more that was received by you, your spouse,
or your registered domestic partner during the past yeaz from any source located, doing business, planning to do
business, or that has done business in the past two yeazs, in the County of San Diego. (You aze not required to
report loans from commercial lending institutes, child support or alimony payments, or salaries, reimbursements
for expenses, social security, disability, or other similar benefit payments from a federal, state, or local
government agency.)
SOURCE OF INCOME (YOUR BUSINESS POSITION GROSS ANNUAL
INCOME OR LOAN
Attach additional pages as needed.
7 r) ~j
Name
GIFTS
Disclose the source, description, and value of gift(s) valued at $50 or more from a single source during the past
yeaz from any source located, doing business, planning to do business, or that has done business in the past two
years, in the County of San Diego. A gift is anything of value for which you have not provided equal or greater
consideration to the donor. (You are not required to disclose gifts from family members, inheritances, or
campaign contributions).
C NAME OF SOURCE DESCRIPTION OF GIFT VALUE
REAL PROPERTY
Disclose interests that you, your spouse, registered domestic partner, or your dependent children had of $2,000
or more during the past year in real property located in the County of San Diego or within two miles of the
boundaries of the County of San Diego. (You are not required to disclose property used exclusively as a
personal residence.)
CITY WHERE PROPERTY IS LOCATED l FAIVAMARKET GROSS Fly AL~INCOME
Attach additional pages as needed. ~7 ~
2~A - "r
~~rr~
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
x i. .,,~,
x . t'~e 4
_ '< .~.
TO: Members of the City Council
CC: Donna Norris, City Clerk
FROM: Cheryl Cox, Mayor ~ ~
Thursday, May 28, 2009
The City Council should consider a process for selecting its future representative on the Unified
Port of San Diego Board of Port Commissioners. The process proposed below was initially
presented at the May 26, 2009, Chula Vista City Council meeting. It is similar to the process
used by the City Council regarding openings on the City's Planning and Parks & Recreation
Commissions, and Chula Vista Redevelopment Corporation (CVRC):
1. Applicants for Chula Vista's Port Commissioner must be residents of Chula
Vista. Information regarding the responsibilities of a Port Commissioner can
be found at www.portofsandieao.org
2. The City Council will determine opening and closing dates for applications.
3. Applications will be available online at www.chulavistaca.eov and at the City
Clerk's office on the opening date.
4. Each applicant must submit to the City Clerk a completed Port Commissioner
application (Part 1) and a resume by 5 pm on the closing date for applications.
~. After the closing date, all applications and resumes will be forwarded to the
Mayor and City Council.
6. The Mayor and City Council will submit the name/s of applicants they want to
interview by a deadline stated when applications and resumes are forwarded
to them.
7. Applicants receiving two or more nominations will be scheduled for
interviews.
8. Each applicant selected for an interview must submit to the City Clerk an
Economic Interests Disclosure form (Part 2 of the Port Commissioner
application) no later than one week prior to the scheduled interview. This
information will be forwarded to the City Council prior to interviews.
9. Applicants will be interviewed in a public meeting by the City Council on a
date selected by the City Council.
10. When interviews have ended, the City Council will deliberate in a public
meeting until an applicant receives at least three votes.
22,E '"Jr
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Recommendation 1: The City Council should discuss and approve a selection process.
Recommendation 2: Introduce Port Commissioner William Hall and invite him to provide a
brief assessment of what needs to be done, steps he would take in continuing to champion the
City's bayfront, and to interact in Q&A with the City Council.
Recommendation 3: Postpone determination of opening and closing dates of applications until
further notice in order to provide Mr. Hall with the opportunity to serve as Port Commissioner in
full and unfettered capacity.
22/-~ -6
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CHULA VISTA
APPLICATION
FOR
PORT COMMISSIONER, PART 1
Name (^ Mr. ^ Mrs. ^ Ms.)
Home address City Zip
E-mail address
Residence phone Business phone Cell phone
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Do you live within the City limits of Chula Vista? ^ yes ^ no ,a~~w long?
Present employer up`atton'~a:.
Are you currently serving on a Chula Vista Board or Cottu~nLiMssion? ^ yes ^ nod Which one(s)?
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What experience or special knowledge can you bnng to this p sitio
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What would you hope to accomplish,b~y vou~~p~a~ on?
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Please attach a resume.
Candidates selected for an interview will be required to submit a completed Economic Interests
Disclosure form (Part 2 of this application).
Note: Applications will be accepted by the Office of the City Clerk until S: 00 p. m., ~ •'
at Zi6 Fourth.4venue, Building 100, Chula Vista.
am familiar with the responsibilities of the Unified Port oJSan Diego Board of Port Commissioners. By
submitting this application 7 hereby acknowledge those responsibilities and attest that the information
provided on this application and its attachments is true and accurate.
Signature Date
J
Name
APPLICATION
FOR PORT COMMISSIONER, PART 2
ECONOMIC INTERESTS DISCLOSURE
In order to determine potential conflicts of interest, please disclose all economic interests that you have had
within the boundaries of the County of San Diego under the following categories (if you have nothing to
disclose, indicate with "N/A"):
INVESTMENTS
Disclose any financial interests with a value greater than $2,000 that you;~your spouse, registered domestic
F~' ` a.
partner, or dependent children had with any business located, doing business, planning to do business, or that
has done business in the past two yeazs, in the County- of San Diego (include stocks, bonds, sole proprietorships,
partnerships, trusts). ~'
BUSINESS NAME ESTIM44TED VALUE ''~'~
`~, ~ ,~GROSS ANNUAL
INCOME
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INCOME
Disclose the source a
or your registered do
business, or that has
report loans from cor
for expenses, social
government agency.)
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punt ofgross mcome.or loan of $500 or more that was received by you, your spouse,
w~.x ti t~~*
partner during thelpast year from any source located, doing business, planning to do
usiness in the past two years, in the County of San Diego. (You aze not required to
t>~
al"'lending institutes, child support or alimony payments, or salaries, reimbursements
ty;~disabiliiy, or other similaz benefit payments from a federal, state, or local
SOURCE OF INCOME YOLTt BUSINESS POSITION GROSS ANNUAL
INCOME OR LOAN
AMOUNT
Attach additional pages as needed. q~~ ~/~'I
Name
G[FTS
Disclose the source, description, and value of gift(s) valued at $50 or more from a single source during the past
yeaz from any source located, doing business; planning to do business, or that has done business in the past two
years, in the County of San Diego. A gift is anything of value fot which you have not provided equal or greater
consideration to the donor. (You are not required to disclose gifts from family members, inheritances, or
campaign contributions).
NAME OF SOURCE DESCRIPTION OF GIFT VALUE
iz§~A
~y
` ..
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REAL PROPERTY
Disclose interests that you, your spouse, registered d;
or more during the past year in real property locate
boundaries of the County of San Diego~~,2,(You are
personal residence.)
!M, `~
Y~
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t
~~or your dependent
ounty of San Diego or
children had of $2,000
Within two miles of the
required to disclose property used exclusively as a
CITY WHERE PROPERTY IS LOCATED
:~~,^~, , ~,~,, FAIR NLARKET
"'~ VALUE GROSS ANNUAL INCOME
(IF RENTAL)
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Y ~ ~
.
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Attach additional pages as needed. ~ G Z~ -" l
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~~~~.
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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
September io, 2oog
TO: Donna Norris, City Clerk
Lorraine Bennett, Deputy City Clerk
Sheree Kansas, Records Specialist
VIA: Mayor Cheryl Cox~~~
FROM: Jennifer Quijano, Constituent Services Manage
RE: Civic Service Commission
Mayor Cox would like to recommend Sandra Villegas-Zuniga for appointment to the
Civil Service Commission. Sandra will replace Salvador Saucedo.
Please place this item on the September 15, 2009 Council agenda for ratification and
schedule the oath of office for the October 6, 2009 Council agenda.
Thank you.
~vc.