HomeMy WebLinkAboutReso 1999-19327 RESOLUTION NO. 19327
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AND IMPOSING CONDITIONS OF THE
TENTATIVE SUBDIVISION MAP FOR EASTLAKE SOUTH GREENS
UNIT 18, CHULA VISTA TRACT NO 99-01
I. RECITALS
A. Project Site
WHEREAS, the area of land commonly known as EastLake South Greens, Unit 18
Tentative Subdivision Map, Chula Vista Tract 99-01, which is the subject matter of this
resolution, is diagrammatically represented in Exhibit "A" attached hereto and incorporated
herein by this reference; and for purpose of general description herein consists of 9.86 acres
located on the west side of Hunte Parkway bordered by South Greensview Drive to the south
within the EastLake Greens Planned Community and PC zone District ("Project site"); and
B. Project; Application for Discretionary Approval
WHEREAS, on September 2, 1998, the EastLake Company ("Developer") filed a
tentative subdivision map application with the Planning Department of the City of Chula Vista
and requested approval of the Tentative Subdivision Map known as EastLake South Greens
Unit 18, Chula Vista Tract 99-01 in order to subdivide the Project site into 52 single-family
residential lots and two open space lots ("Project"); and
C. Prior Discretionary Approvals
WHEREAS, the development of the Project Site has been the subject matter of 1) a
General Development Plan, EastLake II (EastLake I Expansion) previously approved by City
Council Resolution No. 15198 ("GDP") on July 18, 1989; 2) the EastLake Greens Section
Planning Area Plan, previously adopted by City Council Resolution No. 15199 (SPA) on July
18, 1989; 3) an Air Quality Improvement Plan (EastLake Greens Air Quality Improvement
Plan); 4) a Water Conservation Plan (EastLake Greens Water Conservation Plan) and Public
Facilities Financing Plan (EastLake Greens Public Facilities Financing Plan), all previously
approved by the City Council on November 24, 1992, by Resolution No. 16898; 5) EastLake
Greens Master Tentative Subdivision map, approved by Resolution No. 17618; and 6) FEIR
86-04B; and
D. Environmental Review Coordinator Determination
WHEREAS, this Project is a subsequent activity in the development environmentally
evaluated under FEIR 86-04B, that is virtually identical in all relevant respects, including lot
size, lot numbers, lot configurations, transportation corridors, etc., to the project descriptions
in said former environmental evaluation; and
WHEREAS, the City Environmental Review Coordinator has reviewed the Project and
determined that it is in substantial conformance with the SPA Plan and the related
environmental documents and that the Project would not result in any new environmental
effects that were not previously identified, nor would the proposed Project result in a
substantial increase in severity in any environmental effects previously identified; and
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Page 2
E. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on said project
on November 11, 1998, and voted 4-0 to recommend that the City Council approve the
Project based upon the findings and subject to the conditions listed below; and
F. City Council Record of Applications
WHEREAS, a hearing was held at the time and place as advertised on January 5, 1999
in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was
thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine
and resolve as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing on this Project held on November 11, 1998, and the minutes and
Resolutions resulting therefrom, are hereby incorporated into the record of this
proceeding.
III. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council hereby finds that the Project implements and falls under the purview
of FEIR 86-04(B) and that no further environmental review is necessary.
IV. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR PROGRAM EIR
The City Council hereby finds that: (1) there were no changes in the Project from the
FEIR 86-04B which would require revisions of said report; (2) no substantial changes
have occurred with respect to the circumstances under which the Project is undertaken
since the previous report; (3) and no new information of substantial importance to the
Project has become available since the issuance and approval of the prior report; and
that, therefore, no new effects could occur or no new mitigation measures will be
required in addition to those already in existence and made a condition for Project
implementation. Therefore, the City Council approves the Project as an activity that is
within the scope of the project covered by FEIR 86-04B.
V. INCORPORATION OF ALL REASONABLE MITIGATION MEASURES AND
ALTERNATIVES.
The City does hereby readopt and incorporate herein as conditions for this approval all
applicable mitigation measures and alternatives, as set forth in the findings adopted in
FEIR 86-04B.
VI. NOTICE WITH LATER ACTIVITIES
The City Council does hereby give notice, to the extent required by law, that this
Project was fully described and analyzed and is within the scope of FEiR 86-04B
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adequately describes and analyzes this project for the purposes of CEQA. Notice on
the FEIR 86-04B was given on December 19, 1995.
VII. TENTATIVE SUBDIVISION MAP FINDINGS
A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act,
the City Council finds that the Tentative Subdivision Map, as conditioned herein
for EastLake South Greens Unit 18, Chula Vista Tract No. 99-01 is in
conformance with the EastLake II General Development Plan, EastLake Greens
Sectional Planning Area Plan and the elements of the City's General Plan based
on the following:
1. Land Use
The General Development Plan designation is Low/Medium Density Residential
(3-6 du/ac) and the SPA allows 54 dwelling units at a density of 5.5 du/ac.
The proposed 52 lot subdivision is within the allowable density and permitted
number of dwelling units. Therefore, as conditioned, the Project is in
substantial compliance with the City's General Plan, EastLake II General
Development Plan (GDP) and EastLake Greens Section Planning Area (SPA)
plan.
2. Circulation
All of the on-site and off-site public streets required to serve the subdivision will
be constructed or DIF fees paid by the developer in accordance with the
EastLake Greens Public Facilities Financing Plan and Development Agreement.
The public streets within the Project will be designed in accordance with the
City design standards and/or requirements and provide for vehicular and
pedestrian connections with adjacent streets
3. Housing
Resolution No. 15751 adopted by the City Council on August 7, 1990 requires
the developer to provide ten percent of the total number of units allowed in the
EastLake Greens Planned Community for low and moderate income households.
In July 1995, the City Council approved a program and the applicant entered
into an agreement for the provision of affordable housing within the EastLake
Greens Planned Community. The program outlines the required number of low
and moderate income units, the proposed location and the implementation
schedule.
4. Conservation
The Environmental Impact Report FEIR-86-04(B) addressed the goals and
policies of the Conservation Element of the General Plan. The development of
this site is consistent with these goals and policies.
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5. Parks and Recreation, Open Space
The EastLake Greens Section Planning Area (SPA) plan provides public and
private parks, trails and open space consistent with City policies.
6. Seismic Safety
The proposed subdivision is in conformance with the goals and policies of the
Seismic Element of the General Plan for this site.
7. Safety
The Fire Department and other emergency service agencies have reviewed the
proposed subdivision for conformance with City safety policies and have
determined that the proposal meets the City Threshold Standards for
emergency services.
8. Noise
Noise mitigation measures included in the Environmental Impact Report FEIR-
86-04(B) adequately address the noise policy of the General Plan. The Project
shall be designed so that all dwelling units preclude interior noise levels over 45
dBA and exterior noise exposure to 65 dBA, in accordance with the City's
performance standards.
9. Scenic Highway
The Project is not adjacent to scenic highways.
10. Bicycle Routes
When the street system in the EastLake Greens planned community was
originally considered, appropriate bicycle lanes were included within the
community. The private streets within the project are of adequate width to
accommodate bicycle travel interior to the site.
11. Public Buildings
No public buildings are proposed on the project site. The Project is subject to
RCT fees prior to issuance of building permits.
B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies
that it has considered the effect of this approval on the housing needs of the
region and has balanced those needs against the public service needs of the
residents of the City and the available fiscal and environmental resources.
C. The configuration, orientation and topography of the site partially allows for the
optimum sitting of lots for passive or natural heating and cooling opportunities
as required by Government Code Section 66473.1.
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D. The site is physically suitable for residential development and the proposal
conforms to all standards established by the City for such projects.
E. The conditions herein imposed on the grant of permit or other entitlement herein
contained is approximately proportional both in nature and extent to the impact
created by the proposed development.
BE IT FURTHER RESOLVED that the City Council does hereby approve the Project
subject to the general and special conditions set forth below.
VIII. GENERAL CONDITIONS OF APPROVAL
The approval of the foregoing Project is hereby conditioned as follows:
A. Project Site is Improved with Project
Developer, or their successors in interest, shall improve the Project Site with
the Project as described in the Master Tentative Map, Tract No. 88-03,
Resolution No. 15200, Chula Vista Tract No. 99-01, and FEIR 86-04(B)
Mitigation Measures except as modified by this Resolution.
B. Implement Previously Adopted Mitigation Measures Pertaining to the Project
Developer shall diligently implement, or cause the implementation of all
mitigation measures pertaining to the Project identified in the Final
Environmental Impact Report FEIR 86*04 (B).
C. Implement Previously Adopted Conditions of Approval Pertinent to Project
Unless otherwise conditioned, developer shall comply with all unfulfilled
conditions of approval of the EastLake Greens Master Tentative Map, Chula
Vista Tract 88-03, established by Resolution No. 15200 and approved by
Council on July 18, 1989, and shall remain in compliance with and implement
the terms, conditions and provisions of the EastLake Greens Sectional Planning
Area (SPA) plan, General Development Plan, Planned Community District
Regulations, Water Conservation Plan, Air Quality Improvement Plan,
Residential Design Guidelines and Public Facilities Financing Plan as amended
and as are applicable to the property which is the subject matter of this
tentative map, prior to approval of the Final Map or shall have entered into an
agreement with the City, providing the City with such security (including
recordation of covenants running with the land) and implementation procedures,
as the City may require, assuring that after approval of the Final Map, the
developer shall continue to comply with, remain in compliance with, and
implement such plans.
D. Implement Public Facilities Financing Plan
Developer shall install public facilities in accordance with the EastLake Greens
Public Facilities Financing Plan, as amended or as required by the City Engineer,
to met threshold standards adopted by the City of Chula Vista. The City
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Engineer and Planning Director may, at their discretion, modify the sequence of
improvement construction should conditions change to warrant such a revision.
E. Design Approval
The applicant shall develop the lots in accordance with the applicable EastLake
Greens Development Regulations and Design Guidelines. The plans for this
residential project shall be submitted for review and obtain approval under the
City's design review process prior to submittal for building permits.
F. Tentative Subdivision Map Conditions
Prior to approval of the first final map, unless otherwise indicated, the Project
shall:
1. Comply with any and all unfulfilled conditions of approval applicable to
the EastLake South Greens, Chula Vista Tract 88-03, Tentative Map
established by Resolution No. 15200 approved by Council on July 18,
1989, and amended by Resolution 17618 on August 16, 1994.
2. Install public facilities in accordance with the EastLake South Greens,
Public Facilities Financing Plan as amended or as required by the City
Engineer to meet threshold standards adopted by the City of Chula
Vista, The City Engineer and Planning Director may, at their discretion,
modify the sequence of improvement construction should conditions
change to warrant such a revision.
STREETS, RIGHTS-OF-WAY AND PUBLIC IMPROVEMENTS
3. Design and construct all street improvements in accordance with Chula
Vista Design Standards, Chula Vista Street Standards, and the Chula
Vista Subdivision Manual unless otherwise approved by the City
Engineer. Submit for approval by the City Engineer improvement plans
detailing horizontal and vertical alignment of said streets.
Said improvements shall include, but not be limited to, asphalt concrete
pavement, base, concrete curb, gutter and sidewalk, sewer and water
utilities, drainage facilities, street lights, signs, cul-de-sacs, street
knuckles and fire hydrants.
4. Guarantee prior to approval of the Final Subdivision Map, the
construction of public street improvements (streets, sewer, drainage,
utilities, etc.) deemed necessary to provide service to the subject
subdivision in accordance with City standards.
5. Submit and obtain preliminary approval for proposed street names from
the Director of Planning and the City Engineer. Dedicate to public use,
the right of WaY for all streets shown on the Tentative map within the
subdivision.
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6. Street light locations shall be approved by the City Engineer.
7. Construct five and one half foot (5 Y2') sidewalks and construct
pedestrian ramps on all walkways to meet or exceed the "Americans
with Disabilities Act" standards.
8. Present written verification to the City Engineer from Otay Water District
that the subdivision will be provided adequate water service and long
term water storage facilities.
9. All streets which intersect other streets at or near horizontal or vertical
curves must meet intersection design sight distance requirements in
accordance with City standards.
10. All sanitary sewer facilities required for development of any lot subject
to Telegraph Canyon Sewer Pumped Flows DIF or Salt Creek Sewer
Basin DIF shall be guaranteed prior to recordation of the Subdivision
Final Map for said lot.
GRADING AND DRAINAGE
11. Submit hydrologic and hydraulic studies and calculations, including dry
lane calculations for all public streets. Calculations shall also be provided
to demonstrate the adequacy of downstream drainage structures, pipes
and inlets,
12. Storm drain design shall be accomplished on the basis of the
requirements of the Subdivision Manual and the Grading Ordinance
(#1797 as amended).
13. Provide improved access to all storm drain clean outs or as approved by
the City Engineer.
14. Submit to and obtain approval from the City Engineer for an erosion and
sedimentation control plan as part of grading plans.
15. Provide an updated soils report or an addendure to the original document
prepared by a registered engineer, as required by the City Engineer.
16. Design the storm drains and other drainage facilities to include Best
Management Practices to minimize non-point source pollution,
satisfactory to the City Engineer.
17. Submit "as built" improvement and grading plans as required by the
City Subdivision Manual. Additionally, provide the City said plans in a
digital D.X.F. fi~e format,
18. Lot lines shall be located at the top of slopes except as approved by the
City Engineer. Lots shall be so graded as to drain to the street or an
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approved drainage system. Drainage shall not be permitted to flow over
slopes.
19. All grading and pad elevations shall be within 2 feet of the grades and
elevations shown on the approved tentative map or as otherwise
approved by the City Engineer and Planning Director.
20. Prior to approval of Final Subdivision Map, the Developer shall submit
a list of proposed Pots indicating whether the structure will be located on
fill, cut, or a transition between the two situations.
21. The inclination of each cut or fill surface resulting in a slope shall not be
steeper than 2:1 ( two horizontal to one vertical) except for minor
slopes as herein defined.
All constructed minor slopes shall be designed for proper stability
considering both geological and soil properties. A minor slope may be
constructed no steeper than one and one-half horizontal to one vertical
(1.5:1) contingent upon:
a. Submission of reports by both a soils engineer and a certified
engineering geologist containing the results of surface and
subsurface exploration and analysis. These results should be
sufficient for the soils engineer and engineering geologist to
certify that in their professional opinion, the underlying bedrock
and soil supporting the slope have strength characteristics
sufficient to provide a stable slope and will not pose a danger to
persons or property, and
b. The installation of an approved special slope planting program and
irrigation system.
c. A "Minor Slope" is defined as a slope four (4) feet or less in vertical
dimension in either cut or fill, between single family lots and not parallel
to any roadway.
AGREEMENTS
22. Agree that the City may withhold building permits for the subject
subdivision if any one of the following occur:
a. Regional development threshold limits set by the East Chula Vista
Transportation Phasing Plan have been reached.
b. Traffic volumes, levels of service, public utilities and/or services
exceed the adopted City threshold standards in the then effective
Growth Management Ordinance.
c, The required public facilities, as identified in the PFFP or as amended
or otherwise conditioned have not been completed or constructed to
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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 as
approved by the City Planning Director and Public Works Director.
23. Agree to defend, indemnify and hold harmless the City and its agents,
officers and employees, from any claim, action or proceeding against the
City, or its agents, officers or employees to attack, set aside, void or
annul any approval by the City, including approval by its Planning
Commission, City Council or any approval by its agents, officers, or
employees with regard to this subdivision pursuant to Section 66499.37
of the State Map Act provided the City promptly notifies the subdivider
of any claim, action or proceeding and on the further condition that the
City fully cooperates in the defense.
24. Agree to hold the City harmless from any liability for erosion, siltation or
increase flow of drainage resulting from this project.
25. Agree to ensure that all franchised cable television companies ("Cable
Company") are permitted equal opportunity to place conduit and provide
cable television service to each lot within the subdivision. Restrict
access to the conduit to only those franchised cable television
companies who are, and remain in compliance with, all of the terms and
conditions of the franchise and which are in further compliance with all
other rules, regulations, ordinances and procedures regulating and
affecting the operation of cable television companies as same may have
been, or may from time to time be issued by the City of Chula Vista.
OPEN SPACE/ASSESSMENTS
26. Grant an Irrevocable Offer of Dedication (IOD), on the Final Map for
Open Space Lots A and B within the subdivision.
27. Provide written verification to the satisfaction of the City Engineer and
Director of Planning and Building that all improvements located on open
space lots "A" and "B" will be incorporated into and maintained by the
existing EastLake Homeowners Association.
28. Pay all costs associated with apportionment of assessments for all City
assessment districts as a result of subdivision of lands within the
boundary. Submit an apportionment form and provide a deposit to the
City estimated at $4,050.00 ( $25 per lot X 54 lots X 3 districts) to
Cover Costs.
29. Submit all Special Tax and Assessment disclosure forms for the approval
of the City Engineer.
30. Comply with the terms and conditions of the Acquisition/Financing
Agreement for Assessment District 94-1, CO 94-064, approved by
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Council Resolution 17483 as said terms and conditions may be
applicable to this development.
31. The Developer shall be responsible for street trees in accordance with
Section 18.28.10 of the Chula Vista Municipal Code. The applicant
shall provide root control methods where necessary as approved by the
Director of Public Works or designee and the Director of Planning or
designee.
32. Maintenance of all facilities and improvements within open space areas
covered by home owners associations shall be covered by CC&Rs to be
submitted and approved by the Engineering Department prior to approval
of the associated final map.
33. All utilities which service open space shall be located within the open
space or within dedicated City right-of-way.
34. For walls which are located within the open space maintenance district,
owners of adjoining lots shall sign a statement when purchasing their
homes that they are aware that the wall is on (::)pen Space property and
that they may not modify or supplement the wall or encroach onto Open
Space property. These restrictions shall also be reflected in the CC&Rs
for each lot, and a copy of said restrictions shall be provided to the City
for its approval.
EASEMENTS
35. Grant on the final map a minimum 15' wide easement to the City of
Chula Vista for construction and maintenance of sewer facilities within
Open Space Lot B.
36. Grant on the final map minimum 15' wide easements to the City of
Chula Vista for construction and maintenance of storm drain facilities
within Open Space Lot B and Lot 30.
37. Grant to the City a 5.5 foot wide street tree planting and maintenance
easement along all public streets within the subdivision. Said easement
shall extend from the property line and shall contain no slope steeper
than 5:1 ( horizontal to vertical ratio ).
MISCELLANEOUS
38. The Declaration of Covenants, Conditions and Restrictions shall include
provisions assuring maintenance of all open space areas as applicable,
streets, driveways, drainage and sewage systems which are private.
The City of Chula Vista shall be named as party to said Declaration
authorizing the City to enforce the terms and 6onditions of the
Declaration in the same manner as any owner within the subdivision.
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Page 11
39. Submit copies of Final Maps in a digital format such as (DXF) graphic file
prior to approval of each Final Map. Provide Computer Aided Design
(CAD) copy of the Final Map based on accurate coordinate geometry
calculations and submit the information in accordance with the City
Guidelines for Digital Submittal in duplicate on 5-1/4" HD or 3-1/2"
disks. Submit as-built improvement and grading plans in digital format.
Provide security to guarantee the ultimate submittal of improvements
and grading digital files. Update electronic files after any construction
pen and ink changes to the grading or improvement plans and resubmit
to the City.
40. Tie the boundary of the subdivision to the California System - Zone VI
(1983).
CODE REQUIREMENTS
41. Comply with all applicable sections of the Chula Vista Municipal Code.
Preparation of the Final Map and all plans shall be in accordance with
the provisions of the Subdivision Map Act and the City of Chula Vista
Subdivision Ordinance and Subdivision Manual.
42. Underground all utilities within the subdivision in accordance with
Municipal Code requirements.
43. Pay all applicable fees in accordance with the City Code and Council
Policy, including, but not limited to, the following:
a. The Transportation and Public Facilities Development Impact Fees.
b. Signal Participation Fees.
c. All applicable sewer fees, including but not limited to sewer
connection fees.
d. SR-125 impact fee.
e. Telegraph Canyon Pump Sewer Fee.
f. Salt Creek Sewer Basin Fee.
44. The developer shall comply with all relevant Federal, State, and Local
regulations, including the Clean Water Act. The developer shall be
responsible for providing all required testing arid documentation to
demonstration said compliance as required by the City Engineer.
45. All fire hydrants shall be installed and operable and 20' fire access roads
shall be usable prior to delivery of any combustible construction
materials.
46. Design all dwelling units to preclude interior noise levels over 45 dBA
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Page 12
and shield all exterior private open space to limit noise exposure to 65
dBA.
47. Development of the subdivision shall comply with all applicable
regulations established by the United States Environmental Protection
Agency (USEPA) as set forth in the National Pollutant Discharge
Elimination System (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 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.
IX. 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, or further condition issuance of
all future building permits, deny, revoke, or further condition all certificates of
occupancy 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. No vested rights are gained by Developer or a successor in interest
by the City's approval of this Resolution.
X. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent
upon the enforceability of each and every term, provision and condition herein stated;
and that in the event that any one or more terms, provision, or conditions are
determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable,
this resolution shall be deemed to be automatically revoked and of no further force and
effect ab initio.
Presented by Approved as to form by
Robert A. Leiter /3~ny
Planning Director
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Page 13
EXHIBIT A
~S'rL~K=_ % FUTURE
COUNTRY CLUB ~
EASTLAKE TFL~,ILS
P!tOIll:ff
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CHULA VISTA PLANNING & BUILDING DEPARTMENT
LOCATOR ~,RoaEc'r ~ Eastlake Campany
~o~u=,~ Tentative Subdivision Map
m r
Resolution 19327
Page 14
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 5'h day of January, 1999, by the following vote:
AYES: Councilmembers: Davis, Moot, Padilia and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: Salas
ABSTAIN: Councilmembers: None
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 19327 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 5th day of January, 1999.
Executed this 5~h day of January, 1999.
~,~ ,~
susan Bigelow, City Clerk